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08/21/2003 CITY COMMISSION MEETING 08/21/03 NOTE: 08/18/03 PRELIMINARY (WS) AGENDA & PAPERWORK THAT WAS IN P ACKET INITIALLY BUT THEN NOT CONTINUED ONTO THURSDAY'S COMMISSION AGENDA IS AT THE BACK OF THIS AGENDA PACK. ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, August 21,2003 - 6:00 P.M. - Commission Chambers 1. Invocation - Commissioner Jonson 2. Pledqe of Alleqiance - Mayor 3. Service Awards - 1 Given 4. Introductions. Awards and Presentations a) 2003 State Legislative Wrap-Up - Representative Gus Bilirakis - None b) Tampa Bay Regional Planning Council - Chairman and Pinellas County Commissioner Barbara Sheen Todd - Given 5. Approval of Minutes - 8/7/03 ACTION: Minutes approved as submitted. 6. Citizens to be heard re items not on the Aqenda: Tom Sehlhorst announced formation of a group, "Businesses in Transition." and invited interested persons to join, Betty Faller and Anne Garris appreciated the Commission's consideration of retaining the Clearwater Beach Library. Four people supported fluoridation of the County's water supply and 11 opposed it. Warren McKinley requested someone look into the City razing his house following a fire. Sean Lawnsdale complained about homelessness, prostitution and drug dealing in downtown and North Greenwood, PUBLIC HEARINGS 7. Public Hearinq - Declare as surplus for the purpose of offerinq for sale the West 399.78-foot portion of the 50-foot former railroad easement abuttinq the south property line of Lot 15. Clearwater Industrial Park, the same having been vacated upon adoption of Ord. 7140-03. for the minimum bid amount of $40.000. (PW) ACTION: Approved 8. Downtown Plan ACTION: Continued to 9/4/03 9. Public Hearina and First Readina Ord. 7155-03. 7156-03 and 7157-03 - Annexation. Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoninq Atlas Amendment from County R-3. Sinqle-Family Residential District. to City Low Medium Density Residential (LMDR) for property located at 1856 East Drive (Lot 7, Clearwater Highlands Unit A, Blk B, Lot 7, See, 2-29-15) (Ljuljic). ANX2003-05010 (PLD) AC1JON: Approved. Ordinances passed 1st reading. 10. Public Hearina and First Readina Ord. 7158-03 and 7159-03 - Land Use Plan Amendment from Commercial General (CG) to Residential Urban (RU) and a Zoninq Atlas Amendment from the C. Commercial District to Low Medium Density Residential (LMDR) for property located at 1120 Woodlawn Street (Lots 1 through 12, inclusive, Blk B and Lots 21, 22, 23 and 24, Blk A, and the West ~ of vacated Tioga Avenue, lying east of Lots 21, 22, 23 and 24, Blk A, Harvey Park Sub, Sec. 22-29-15) (Largo Housing Dev Corp & Tampa Bay Community Dev Corp). LUZ2003-05003 (PLD) ACTION: Approved. Ordinances passed 1st reading. 11. Public Hearina and First Readina Ord. 7160-03. 7161-03. 7162-03 - Annexation, Land Use Plan Amendment to Residential/Office General (RlOG) and Zoninq Atlas Amendment to Office (0) for property located at the northwest corner of the Allen Avenue/McMullen- Booth Road intersection, consisting of 5 parcels together with a portion of the 30-feet right-of-way Commission Action Agenda 2003-08-21 1 along Allen Avenue, consisting of Lots 4-17 together with Lots 12-15, Blk 4, and part of Lots 9- 11 with a portion of Lot 8, Blk 4, Acker's Sub, together with the abutting right-of-way along Charles Avenue and Public HearinQ & First ReadinQ Ord. 7166-03 and 7168-03 - Land Use Plan Amendment to Residential/Office General (RlOG) and Zoninq Atlas Amendment to Office CO) for property located at the northwest corner of the Allen Avenue/McMullen-Booth intersection consisting of a portion of Lots 6-13, Blk 4, consisting of 3 parcels, together with a portion of the 30-toot wide right-of-way for Allen Avenue, Acker's Sub together with abutting right-ot-way along Charles Avenue (Hupp/McMullen). ANX2003-05011 and LUZ2003-05004 (PLD) ACTION: Approved. Ordinances passed 1 st reading. Public Hearing - Second Reading Ordinances 12. Ord. 7164-03 - Approve the applicant's request to vacate a drainaqe and utility easement and a sanitary easement portion in Sec 19-29-16, (V2003-09 KB Home Tampa, LLC) ACTION: Ordinance adopted. 13. Ord. 7165-03 - Approve the applicant's request to vacate Pen mar Drive riqht-of-wav from the easterlv riqht-of-way line of Bavview Avenue to the easterlv terminus of Pen mar Drive right- of-wav, 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: Ordinance adopted, 14. Ord. 7182-03 to approve amendment to Chapter 51 , Section 51.08 of the Code of Ordinances to provide for the use ot newly released flood insurance rate maps. ACTION: Ordinance adopted, CITY MANAGER REPORTS CONSENT AGENDA (Items #15-25) - Approved as submitted, less Item 19. 15. Approval of Purchases per Purchasinq Memorandum: 1) Pinellas County Solid Waste Management Department, St. Petersburg, Florida - Waste disposal service during the contract period 9/1103 through 8/31/05 in the amount of $383,000, (PW) 2) Gallagher Bassett Services, Itasca, Illinois - Claims paid by the City's third party administrator to claimants and their medical providers during the period 10/1/03 through 9/30/04 in the amount of $550,000. (FN) 16. Approve a Natural Gas Service Agreement with Peoples Gas Svstem and authorize the Gas System Managing Director to enter into future interconnection points under this Agreement. (eGS) 17. Approve a Quit-Claim Deed, Bill of Sale and a five-vear fundinq aqreement from October 1. 2003 through September 30.2008, with five, five-vear renewable options, between the Citv of Clearwater and the Pinellas Community Center, Inc., including approval'of 7.9 new FTEs, for the management, maintenance, and operation of the Long Center. (PR) 18, Approve amendment to Florida Department of Environmental Protection (FDEP) cooperative funding aQreement No, WAP050 in the amount of $2,000,000 to share the cost in implementation of the Lake Bellevue Stormwater Improvement project. (PW) 19. Approve ChanQe Order #5 to Kevstone Excavators, Inc. of Oldsmar. Florida for the Mandalav Avenue/Papaya St./San Marco Reconstruction contract to complete Phase II of Commission Action Agenda 2003-08-21 2 the MLK (North Greenwood) Corridor Enhancement project (01-0029-EN) increasing the contract amount by $229,390.56 for a new contract total of $3,458,093.97; approve a time extension of 150 days; approve funding for a 10% contingency of $22,939.05 within the MLK Corridor Enhancement project. (PW) APPROVED 20. Approve ChanQe Order #9 to Keystone Excavators, Inc. of Oldsmar, Florida for the 2001 Sidewalk/Curb Replacement Contract (01-0021-EN) which increases the contract amount by 5416,300.00 for a new contract total of $1.698.649,10. (PW) 21. Accept a 10-foot Sanitary Easement over and across a portion of Sec. 5-29-15 conveyed by HoushanQ Ghovaee for and in consideration of the sum of $1. (PW) 22. Approve the final plat for "Bavwav Townhomes" located on Bavway Boulevard approximately 1,300 feet east of the intersection of Hamden Drive and Gulfview Boulevard. (PW) 23. Approve the final plat for "Sunshine Apartments" located approximately 1.100 feet south of the intersection of Missouri Avenue and Druid Road. (PW) 24. Approve the McKim & Creed Work Order for Enqineerinq Services for the Northeast Filter and Marshall Street Blower Motor Control Centers (MCC) Rehabilitation in the amount of 5118,300. (PW) 25. Approve Commission Policies OTHER ITEMS ON CITY MANAGER REPORT 26. Adopt Res. 03.29 to approve a Joint Proiect AQreement with the State of Florida's Department of Transportation (FOOT) to relocate natural qas mains durinq improvement proiect, FPN: 2571050-1-56-03/WPI No. 7117138/SPN: 15120-3527/Pinellas County, SR 688 (Ulmerton Road)/from Oakhurst to 1191h Street, at an estimated cost of $321,160.50, rescinding Resolution 03-06, (CGS) ACTION: Approved. Resolution Adopted. 27. Adopt Res. 03.30 to approve the State of Florida Department of Transportation contract renewal for sweeping State roadways. (PW) ACTION: Approved. Resolution Adopted. 28. IAFF Union NeQotiations Update ACTION: Given. 29, Other Pending Matters - None. CITY ATTORNEY REPORTS 30. Other City Attorney Items The City Attorney reported Pine lias County believes it has the authority to control liquor sales times in the County and has requested guidance from the Council of Mayors regarding a uniform ordinance, Some concerns were expressed re liquor stores being allowed to open on Sunday. The Mayor will provide feedback from the next Council of Mayors' meeting. 31. City Manaqer Verbal Reports The City Manager is accepting the Fire Department's first accreditation from the Commission on Fire Accreditation International, Inc. :oml"ission Action Agenda 2003-08-21 3 32. Commission Discussion Items: - None. 33. Other Commission Action: Hibbard said he enjoyed last night's High Note Society kick-off of Clearwater Jazz Holiday, which has partnered with the City. Hibbard and Aunqst invited residents to attend Main Street's 5th birthday party at Station Square Park on 8/22/03 from 5:30 to 8:00 p.m. Gray said she had attended the grand opening of the Chick-fil-A on Gulf-to-Bay Boulevard on 8/16/03, and invited residents to visit the restaurant. Gray and Hamilton said last week's FLC conference had been productive. Gray said the Chamber of Commerce had hosted a good meeting at Westfield Countryside Shoppingtown to update the public on US 19 construction, where it was reported the Drew Street intersection will not be degraded any further, Jonson thanked the mall for hosting the event and making improvements. Jonson requested the Mayor share important issues discussed at Council of Mayor's meetings. Jonson reviewed PST A updates: 1) millage rate will not change; 2) new express Route 300X from Ulmerton Road to downtown Tampa guarantees riders a way home up to 8 times a year; and 3) Route 80 will begin using trolley equipment tomorrow. Jonson congratulated Seminole Mayor Dottie Reeder for being elected as FLC president. Jonson requested that citizens pick up trash. Aunqst announced public meetings are scheduled at Ross Norton Recreation Center on 8/23/03 at 9:00 a.m, regarding the Skate/BMX Park and at 11 :00 a.m. regarding the Aquatic Center. AunQst reported the last game to be played at Jack Russell Stadium will be on 8/23/03 at 7:00 p.m. Aunqst indicated a second Skate/BMX Park public meeting is scheduled at Ross Norton Recreation Center on 8/25103 at 7:00 p.m. Aunqst said the next Work Session is scheduled for 9/2/03 at 9:00 a.m. 34. Adiournment - 8:19 p.m. Con'\mission Action Agenda 2003-08-21 4 Work session Item #: .=-J Clearwater Ci ty Commission Agenda Cover Memorandum Final Agenda Item # 8/18/03 Meeting Date: 8/21/03 SUBJECT/RECOMMENDA TION: SERVICE AWARDS o and that the appropriate officials be authorized to execute same. SUMMARY: The following employees be presented with service awards for their length of service in the employment of the City of Clearwater BACKGROUND: 5 Years Darci Jan Willis Rick Clark Mark T. Parry Jade S. Weppler Mirjana Zdjelar Scott J. Yates Thomas L. Wilcox Public Utilities Solid Waste Planning Gas Finance Information Technology Solid Waste 25 Years Vernon W. Packer James E. Hagedorn John R. Lee Mark D. Love Paul D. McCann William E. Sheppard 10 Years Ronald E. Flanery Richard H. Hughes, Jr, Nanci L. Cantrell Mark R. Jansen 30 Years' Garry L. Wigington William A. Mayberry Carol A. Turcotte Police Fire Library General Services 35 Years Arthur T. Lovell 15 Years Patricia L. Rice Mark J. Sena Ross H. Smith, Jr. Christina J. Keenan Library Police Police Police 20 Years Eric A. Fetrow Fire Reviewed by: Legal Budget Purchasirv,t Risk Mgrm Originating Cept: Info Srvc Public Works DCM/ACM Other Total User Cept. Current FY Attachments Submitted by: City Man.ager Print",.: on recycled paper 2198 o None A ro riation Code: Rev. Development Services Fire Fire Fire Fire Fire Fire Public Services Police Parks & Recreation Costs Funding Source: CI OP Other Information was provided with item #6 (Citizens to be Heard) See Official Records Reports/Studies 8/21/03 - MTG Clearwater (-\C\ G ! Agenda Cover Memorandum Page 1 of 2 City Commission Preferred Date: 108-21-2003 Item ID: 122 Submitted: 107-22-2003 ~ Latest Possible Date: 109-04-2003 ~ Actual Date: - Subject I Recommendation: Declare as surplus for :hc purpose of offering for sale by Invi:a:ion for Bid Number 37- 03 :he West 399.78 fool. por:ion of :he 50-foo: former railroad casement abutting the sOIl:h property lnc of La: :5, CL:::A:-,~j;'.:':::~. INDL:ST:O,lAL ?A:O,y', the sa:ne having been vacated upon ajoption of Ordinance Illl:nber 7:~O-03, for :he :nini:num bid a:nount of $~O,OOO. ~ - Summary: The City vacated :he subiec: parcel, containing 19,989 square feet, more or less, earlier this Sll:nmer. A 10-foot casement alonq :he northerly ten fee: of :he vacated parcel has been reserved for malntenance of an 8-inch water line lying therein. James :1. Millspauqh, MAl, appraised :he parcel for the City on March 12, 2003 and concluded the market value to be $2.00 per square foot, rounded to $~O,OOO. The conclusion of value was reached following market review and analysis that determined the parcel's narrow 50' X 399.78' configuration and land clearing expenses were negative influences that effectively reduce by 50~ the typical SI,.OO per square foot market price of more conventlonally configured parcels in :he area. The appraiser also concluded the most logical buyer would be the adjoining property owner. The adloining property o~ner is George Nowak. lie owns :nternational Ceiling & Wall Cleaning, Inc. and requested the City consider vacating the subiect property. lie understands the City is required to offer the property :0 the highest bidder and has indicated he will be submitting a bid when it is advertised. A parcel depiction and locator map are attached for reference. ..:.I Originating Department: I Engineering IOther ~ Section: I Administrative public hearings ~. ~ Category Number of Hard Copies attached: 10 Public Hearing: IVes Advertised Dates: 108-10-2003 ~. - Review Approval: (Signature indicates approval.) ICynrj(~ GQuclenu OR- ll-?OUJ 1 OSl I l(~nrr ! f"3 'u mhnck 07 -J 1-2003 14:4 4: .. EXHIBIT "A" This /s not a survey :',<.'~tj'!:(;'\I"!1 c.t,.'.'...'. ',;~' ", - I I I I I I L________ 15 ..... ,;.,..,.", ,~ ~:.:~".. .(- Ie" I" I I I I I I LOCATION MAP SCALE: ,'-200' ~ CITY OF CLEARWATER, FLORIOA ~'T.-\:'-"fi)J PUBLIC WORKS ADMINISTRATION ~~)....~ ENGINEERING DETAIL A SCALE: ,'-f(f ~ NORTH Scale 1"=1320' Location Map Ci~J' u/-C/c:ml,:ucr / J-fcrcuks Indusrri7/ P.7rk J 555 Sunshinc Dr/J'e -~ 16 = = =:=JJ ~ = ~ SUNN'rllAU BLVll CAlUUET 51 CAlUUET ~ a: tJ ~ .. ~ III SHtRWOOO Sf ~ I ,-~ " ~ -. <0 ~ \)~ a RD RANcr ~D' A~ DiD~ PAUltT"lD S o C.R. ~~ i.lllF'1 PROJECT tiIT=J II U SITE WARIL'l'l Sf WA/llL'l'l Sf a " P 0:0:0: [4 .. .... ] :I~ D~D"~ fSl I ... I'UZA... .. 15 i ~~ CIlAHC(R ~ Sf 1 ~HAR04~C" l!iv ~ ~..~~I ~AN ~ l~ ~ 0( -WA ~O D I J~ ] QUO GaQQ:D~~:~~Q~'O:O CU:~lAND Sf _ , \ I 9 )~A~~~irn!~G~i~l~n~i~~iOO ~ ~ I: ~:-- -, " "R~~,....., IT'""< ,....., r-1 r-1 r-1 ,....., ,....., n r-l~. ,..-----. ~I ~ o<Al!ctR ~ III ~ SHAJll((Y Rll ANNA A~ ~I I .. LOR!:NA J I :L.J ~/l ~ DORA U tJ NAifl~mlSf ~I I Sf C C I "NAN Sf Sf .. ~ ~ ;\ ......._ ..1 CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING -. " S.I<. _IT S.D. ... 5/01/0J 2718 Oty 01 Olor..I_/ Hwculll Indulltkll Pori< v.~OO~-08 VACATION REQUEST NO Lo t 15 I Of" 6 .C't..r.-...-.a Clearwater Industrial Pork \2-291-1S. PB 44 Pg 46 7~3 Final Agenda Item # Meeting Date: rLD} cl Clearwater City Commission Agenda Cover Memorandum ....iork session Item #: 8-21-03 SUIUECT/RECOl\IMENDA TION: APPRO\'E the Petition for Annexation, Land Use Plan Amendmcnt (i'om County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District. to the City LMDR, Low j\'ledium Dcnsity Residential District for 1 S56 East Drive (Lot 7, Block "B", Clearwater Highlands Unit "A" in Section 2, Township 29 South and Range 15 East); and PASS Ordinances #7155-03. ;i7156-03 & #7157-03 on first reading. ~ and that the appropriate officials be authorized to execute same, (ANX2003-05010) SUMl\IAR\': The subject property is located at 1856 East Drive, on the west side of the street approximately 240 feet south of Sunset Point Road. The applicant is requesting this annexation in order to receive City sewer service. The propeny is contiguous with the existing City boundaries to the south; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. It is proposed that the abutting right-of-way not currently within the City limits also be annexed. The subject site is approximately O.22-acres in area and is occupied by an existing single-family detached dwelling, It is proposed that the propeny have a Future Land Use Plan designation of Residential Low (RL) and a zoning categOlY of LMDR, Low Medium Density Residential. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: · The proposed annexation will not have an adverse impact on public facilities and their level of service. · The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code, · The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. : '. ~.. '" J ., Info Srvc Costs Reviewed by: Legal N/A Total Budget N/A Funding Source: Purchasing N/A Current FY CI Risk Mgmt N/A Attachments ORDINANCES NO. 7155-03, 7156-03 & 7157-03 STAFF REPORT OP Other Submitted by: --0. aA 1,_ City Manager ~ ~"'i!L Printed on recycled paper 2/98 o None A ro rlatlon Code: Rev. This annexation has been reviewed by the PineIlas Planning Council (PPC) and PineIlas County staffs according to the provisions of Pinellas County Ordinance No, 00-63, Section 7( 1-3), and no objections havc been raised, Plcase refer to thc attached report (ANX2003-050 10) for thc complete staff analysis, The Community Development Board reviewed this proposcd annexation at its rcgularly scheduled meeting on July 15, 2003 and unanimously recommcnded approval. S:\Planning Department\C 0 B\Annexalions\ANX -2003\ANX2003-0501O Louis L1uljic 1856 East Dr\CC ANX2003-0S010 1856 East 2 Or.doc . COB Meeting Date: Case Number: Agenda Item : July. 15 2003 ANX2003-050 10 G4 CITY OF CLEAR'" A TER PLANNING DEPARTi\IENT STAFF REPORT BACKGROUND INFORMATION: O'VNERlAPPLICANT: LOCATION: REQUEST: SITE INFORMATION PROPERTY SIZE: DIMENSION OF SITE: PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District: EXISTING SURROUNDING USES: Louis Ljuljic 1856 East Drive, located on the west side of East Drive. approximately 900 feet cast of Highland A venue and 240 feet south of Sunset Point Road. To annex the property and the abutting right-of-way into the City of Clearwater at the request of the property owners and approve the appropriate City land use plan category and zoning district. 9,583 square feet or 0.22 acres 71.5 feet wide by 135 feet deep m.o.1. Single-family residential Single-family residential Residential Low (RL) Residential Low (RL) R-3, Single-Family Residential District (County) LMDR, Low Medium Density Residential (City) Not1h: Single-family residential South: Single-family residential East: Single-family residential West: Single-family residential StaO'Rcport- Comlllunity Dcvclopment Board - July 15.2003 - Casc A:'\:'\2003-0501 0 - Pagc 1 ANALYSIS: The subject property is located at 1856 East Drive. 0n the west side of the street approximately 240 feet south of Sunset Point Road. The applicant is reljuesting this annexation in order to receive City sewer service. The property is contiguous with the existing City boundaries to the south; therefore. the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. It is proposed that the abutting right-of-way not currently within the City limits also be annexed, The subject site is approximately 0.22 acres in area and is occupied by an existing single-family detached d\\'elling. It is proposed that the property ha\'e a Future Land Use Plan designation of Residential Low (RLl and a zoning category or L~IDR, Low Medium Density Residential. A. li\lPACT ON CITY SERVICES: [Section 4~604,FI] Water and Scwcr: The applicant recei\'es water service from the City of Clearwater. Sewer service will be provided by the City of Clearwater and capacity for thc project is available for this utility. Thc closest sewer line is located in the adjacent East Dri\'e right-of-way. The applicant has paid the assessment fee of$900.00 and the impact fee of$418.74, and is aware or any additional costs to extend City sewer ser\'ice to the property. Solid Waste: Collection of solid waste will be provided by thc City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and rapacity is available to serve the property. Police: The proposed annexation is located within Patrol District 3 in which there are currently 56 patrol officers and 7 patrol sergeants and a lieutenant assigned to this District. The District Station is located at 1851 North rvlcl'vlullen Booth Road. Community policing service will be provided through the City's zone system and officers in the field, The Police Department will be able to serve this property and the annexation will not advcrsely affect police servicc and response time, Fire and Emergencv Medical Services: Fire and emergency medical services will be provided to this property by Station #48 located at 1700 North Belcher Road, The Fire Department will be able to serve this property and the annexation will not adversely affect fire and EMS service and response time. In summary, the proposed annexation will not havc an adverse effect on public facilities ancl their levcl of service. B. CONSISTENCY \\'ITH CITY'S COMPREHENSIVE PLAN: (Section 4-604.F,I] The Pine lias County Comprehensive Plan and the Countywidc Plan designate the site as Residential Low (RL), It is the purpose of this category to clepict those areas of the County that Stall'Rcport - COl11munity [)cn:lopmcllt Board ,- July 15.2003 - Case ANX2003-050 10- Pagc 2 arc no\\' de\'elopcd. or appropriatc to bc dcvclopcd, in a low dcnsity rcsidential manncr; and to recognize such arcas as primarily well-suitcd for residcntial uscs that arc consistent with thc low density. non-intensivc qualities and natural resource characteristics of such areas, Residcntial uses arc the primary uses in this plan category up to a maximum of fivc (5.0) dwelling units per acre. Secondary uscs include Residential Equivalcnt; Institutional; Transportation/Utility; Public Educational Facility; Ancillary Non-Rcsidcntial and Rccrcation/Open Spacc, The annexation does not proposc to changc the Rcsidential Low (RL) plan category and the proposed usc is consistent with thc uses and density of this plan catcgory, Furthcr. the anncxation promotes infill developmcnt as stated in Objectivc 2.4 of thc Clcarwatcr Future Land L:se Plan: 2.4 Objcctive - Compact urban developmcnt within the urban sel\'ice area shall bc promotcd through application of the Clearwatcr Community Development Code. In summary. thc proposed annexation is consistcnt with thc City's Comprehensivc Plan both in the Futurc Land Use i\'lap and the goals and policics of thc Plan. C. CONSISTENCY OF DEVELOPi\IENT \VITI-I COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-1201.1. & 4-G04,F.5.] As statcd earlicr, thc application for anncxation involves an existing singlc-family detaehcd dwelling. The property is 7 \.5 feet in width and 9,583 square fect in lot area. The appropriate zoning district under the Community Dcvclopmcnt Codc is the Lr.1DR, Low i'vlcdium Density Residential District. Undcr the current LMDR zoning district pro\'isions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square fect arc required, The subject property excecds the minimum dimcnsional requircments of a standard devclopmcnt in the LMDR District and is therefore consistent with the Community Dcvclopmcnt Codc. D. CONSISTENCY \\'11'11 TlIE COUNTY\VIDE PLAN: Thcrc is no changc requcstcd in the Comprehcnsive Plan category of the site. which will remain Rcsidential Low (RL) with a maximum dcnsity of five (5.0) units per acre for the Residcntial Low plan catcgory. E. CONSISTENCY "'ITH PINELLAS COUNTY AND FLORIDA LA"': Pursuant to Pinellas County Ordinancc No. 00-63, the Pinellas Planning Council and County staffs havc rcviewed this annexation and deternlined it complies with the ordinance criteria, Florida Statutes require that a proposed annexation be both contiguous with the existing municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site is contiguous with the existing City boundaries to the south and represents a logical extension of the existing boundaries. The compactness standard of Florida law requircs that the annexation docs not create an enclave or a serpentine pattern of municipal boundaries. The annexation of Slaff Report - COl11l11unit)' Dcvelopment Board - July 15.2003 - Casc :\~X2003-0501 0 - Page 3 this property is consistent with this standard and no new enclave will be created. In summary. the annexation of this property is consistent with Florida law. F. CODE ENFORCEl\IENT ANALYSIS: There are no current code cnforcemcnt violations or any code cnforccmcnt history on this sitc, SUMMARY AND RECOMMENDATIONS: Thc proposed annexation can be servcd by City of Clearwater services, including sanitary sewcr. solid waste, police, fire and emergency medical services without any adverse effect on the servicc level. The applicant has paid the assessment fee 01'$900.00 and the impact fee 01'$418.74, and is aware of any additional costs to extend City sewer servicc to the propcrty. The proposcd annexation and existing use are consistent with the City's Comprehensive Plan and the Pinellas Planning Council's Countywide Plan Rulcs with regard to both the Future Land Use Map as well as the goals and policies, The existing and proposed use of this site as a single- family dwelling is consistent with the LMDR zoning district. Finally. the proposed anncxation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration, Based on the above analysis, the Planning Department recommends the following actions on the request: I, Rccommend APPROVAL of the annexation of the property located at 1856 East Drive, 2, Rccommend APPROVAL of the Residential Low (RL) category pursuant to the City's Comprehensive Plan. 3. Recommend APPROVAL of the LMDR, Low ivtcdium Density district pursuant to the City's Community Development Code. ~~ Residential zOl1lng Prepared by Planning Department Staff: Marc A. Mariano, Planner Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs S.I/'Ir/lll/il/g DI'JlIl/"lIl/C'I/IIC /) /l\..rI/I/I'.mliol/.IIANX - 200J'AN.\'200J-0501O f.ollis /./UIjIC /856 EIl.l"l f)rUS.\'200J.05010 /856 Easl IJr slaff rl'Jlorl. doc Staff Report - COllllllunity Devclopmcnt Board - July 15, 2003 - Case ANX2003-050 I 0 - Page 4 - " 'lUU "'Ii " ,," I . :r-; 1-1,/. 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"'b ~~ ~;,/. . ._~l -un~:u ~~ rn ~\..-' I .,:"", ~ ~ ~ rIg (~C5J~\\' " cI:ill I):: ::-- :: C?: :::JEllIJI~::!i - .ffi:~-- ~ffB ~. ~ r-j 1= ~':) ~~ImL- -=. ~ ~Ef1g-"7B ~.~FjF~WB~~.:JL '~'l:' ~~ ~~~ J ~~t0~ W~-2~L- m' 'k_~ -- ~m -, _ ~ ~ I " -J1J~R~u~setlpefl- h--.~ '-j, I ,~ t ;.:=~-=--1-D-----,~ln'IUlr--r-l wULI .;~ch.~ - - ='17 ~ 'J.' , mu L ~,~ ~g4?P[:J~~J-.E 2 ~= - ==13,. ~ ~,~ 1,', ~~rr ~ , OJlllll1!lL t~- ~-----t=1 ;:- - :t:: - ~ j M ~! ~:. \ - ffiBIillffir ~r~ ~~: 32 :: t11 ~r ,., , d. \ - II. ari ~.: ~ _ ::t, ' " HI \ - 1/1111 ~ ~ ~f=.rl' .1 I B ~ 'll.. I _ - - - '- ' ' , I ~: :t; w~ j ffi3~ r G 8$1 l' i'l ~i_~,~ /1it~.;n.r11'~-~ lJ PROJECT ~ :j~ ,/lJ.L ~I'~~ ~- ~ SITE I~ t: ~,~ HHffi~ , I rTi~~ rnmmm-TlJTTTTTl '-l IT " ~<f' _ ;r:.. I I llllIJJIIffilJIIITJ ~ .,. _ 'I I III IIIr t:: :: ~.J II. ~E~] I ~ "T. ~::: ~ ~~ -rIDI .r..mm~1 ~I_r.;' affi3 :',:: .~~ I ~lI \ 'H I," \.~ WJl - .::, I I " I I . IT ,.~ ;:::, l'll ~ 1- T -'f': ' : : I ._ ~ L LfC II . B - ,-l- 1:. ,,,' :~-'II" D n II III I I I I II ~ rm:ar I ' . I' \I~ r- j rn :=J-\ ~ ~~' , ',J - ::: c ~,7;, b. ':)J i,. l.; - ~-f-n..j i i. ~ ~'bJr,ft- ':: . I II" :~~;I ::' : :;:, ~ t:i:J ~~ f 1',,-- \ /\ r-T- ) I I I : I-I"":;:Q ~- , - -It:: I =r; II - -~~ ~ L.J. 3-, u ~ ~ '<- :::: I '11- I I Location Map Owner: Louis & Patricia Ljuljic Case: ; ANX2003-050 1 0 --- - Property Size (Acres): 0,22 Site: 1856 East Drive R.O.W Size (Acres): 0,10 Zoning , Land Use ! , 02/29/15/16452/002/0070 PIN: ! From: RL R3 (County) r To: RL LMDR Alias Page: 261A I ~ ..':),\..' ELIZABETH LN 2 :(:;/4 en l\ 0 t_ :""~ ~ r.. I:~ ~I - I,.., '1 '" " ..; t, '\ " ~ I ;531/ c:: - - :.~ -.: ~ - : ,~( 1," I ---;:-1 -/ -:r ~ ...L I .,. . /r :c: ~In:gle ~aIfl I1y :J J I Si gle F: mily :5 I I ,~E s.identi~l I R lsideluai 0 " r .1 ~ ,.' 1(; ~ il ::0 ., ::.: I:'; ::: .; " - -I SUNSET POINT RD 1 ~ ,7 .. ],lttl" ]."'1(/ ,'. ., I .- L.~ , ].'ih,'; ~ " ., .... , - I " I h. . F~mil~~ 1 I" 1869 f-- '--" 0 :-.'1 : ."~() 1__ ....,'1 t,., Hib7 18,'W ~ IResiu ential ::tJ ,... 1,~ ;-'1 :."' 74 t-- ].1;. =,%0 186] Slngl e Falnil~l ~ 1.'1'11 . :E 1859Res lden:tial - 1856 :Sr,'1 ::-r.:.,"l 1-- ~851; 1857 ! -... en OJ =,.50 1857 ~ 4.t<r).. :fotJ 1'11- SiO{!h F~ · ,.,. · · - fat r- 18 ...... amI y I...... I ::tJ r- -" SOUTH DR IS51 0 ~- .~ :'''57 :...;-.r) I~ ].~5(, :c: ~- ~ ~ :3 :;j 1844 ~ or. ~~~ Hl45 0::: ::: :....S:l !!'!iO o 18 r';"-J..". lB"~ IS..J l,q(,() r- Q I'll I'll IlJ,"1 11i.t 0- ~ .... ].f;4J 0 ~'40 m ;....,5 : ~"4 ::tJ IS ISJ8 1844 ::tJ ~.16 ~ I AI<; I . Fa"" y ] mide 1 tIat - .- ~lIn'." :.Iii:;') :.!-J."I II< ~I<,J) 0 lH.f2 JRJ5 11<3D - :!US : 5-~'l} I,'. 183.1 HUH UU:l 182S JS;}Q ]R:.!(J f-- lS~S 1.531 :1-;6 I~ 1.~~4 1824 J.'~.11 18}h /.'~:';} Ill;]J ~ ; ,~;..~ 1 :...'0 /., 1..20 u~:!n 'u, ~ 18/9 181' 18/7 1."7 ;~16 I,' 11<1 IM4 :..r,r; :"i./ ;..'1: :....'1 Retail },.....;- /,.......', ],","J I" 7, 1,J,;",l l.lot;"1 I ""l', 1"~', ;" J",r,,'i 1~6.' ].litJI 1.'1.'(1 l"'~; 1825 :Retail }.l~1 7 1.'H$ 181.1 1811 Existing Surrounding Uses Map I ANX2003-050 1 0 Owner: Louis & Patricia Ljuljic Site: 1856 East Drive Land Use Zoning From: RL R3 (County) To: RL LMDR Case: Property Size (Acres): R,O.W Size (Acres): 0.22 0.10 PIN: 02/29/15/16452/002/0070 Alias Page: 261A Property to the west Property to the north Property to the C<lst Property to the south Site view from the C<lst Louis & Patricia Ljuljic ANX2003-050tO 1856 East Drive ORDINANCE NO. 7155-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EAST DRIVE, APPROXIMATELY 900 FEET EAST OF HIGHLAND AVENUE AND 240 FEET SOUTH OF SUNSET POINT ROAD, CONSISTING OF LOT 7, BLOCK B, CLEARWATER HIGHLANDS, UNIT A TOGETHER WITH THE ABUTTING RIGHT-OF-WAY. WHOSE POST OFFICE ADDRESS IS 1856 EAST DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE, WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has 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 7, Block B, Clearwater Highlands. Unit A, according to the map or plat thereof as recorded in Plat Book 28, Page 95, Public Records of Pinellas County, Florida, together with the abutting right-of-way. (ANX2003-05010) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: , ,. /..... " ' " C'- ~</ ..~l~~: v_~(~(.'../~(~~ Leslie K. Dougal1=sfdes \ ASSIstant City Attorn'ey I Attest: Cynthia E, Goudeau City Clerk Ordll1nnce No. 7155-03 " ., " y-- .~ -:J, -/ ;'. ~;': J ",'0 I C/) o c:: ~ ~ ::0 o ::0 J, Vl %1 '1'1 '~I ~ I ~ I l ELIZABETH LN '" I "1 -. ~, \0 ~ ~I ., :=.:1 ~ I -, Cl .., ~ ",:.0 v 1 ,~! ., I, '" co r:: ., ,-, .. ., :: U) " '" " I, ~ " '" ;; " ,~ ~ lS,/() ]'W8 :; , I, r, =~ '\" ~ co ;;; ~~ II1lf.Q "' ,> ,~ " '" " o " " o c "' '" " ~ " I, ~ ~ Vl :<: ~ ~ ~ SUNSET POINT RD I. JH6tJ :,:;~, 0 ,~ '0 ,., ,., .., ~ JS(j.'i ~ " :'l ~ <- '" "' - " 1&97 1895 C/) 1,~9J ""i 18(;9 1891 tJ ]SSJ Ui~O 1867 18.80 J~{,4 186,' ::0 1889 1865 1881 18&5 ~ :..,;'(J J !~"'4 1860 1862 . 1861.... /SN 1883 .' . 1815 '. /861 ...... _Ii. .' .' IS13 " '856" , C/) IEU"I} /8t.H ~~St:':. JHtjH OJ 1&71 18S7 ::1 ..; t ~ 18b9 1856 . ...... ~~~ P! 1867 . ,.....:,,: 1857 18~O ; 0 ::0 ebJ 11l6:J r-- 1865 1853: . : .~;. , '" 1,~62 186.1 ~ 0 ~ I SOUTH DR 1851 ~ 1851 loftS 6 ~ " 1856 0:' : - .., ., 184. r-- tJ ;;; '" '" ." 1845 Q .., ~ ~ I'T1 I'T1 ~ 155.1 1850 ISM /8-1.. IR42 /843 1850 0 tJ ...... CI) lS43 '.,In .4 I ::0 ::0 ~. - lS44 /.'140 18:tR }.'H4 1545 JR36 1."i41 18.1. 1835 J!U9 J,o,JB JS;}9 J8J8 Is:n '. IS.l2 IS;}.') 1.~.12 IS35 IH:!J J8:JO IS35 lB.';} IS:1J ISI9 : J,1i33 lR2M 1829 ISJ2 J.~2R 18/1 JR:J6 1825 IS31 HU6 /R'24 1815 182. . ,." 1.'i~)(1 lR:1:} 182J J,q;n I,q:o 181J 1829 1820 Proposed Annexation Owner: Louis Ljuljic Case: ANX2003-050 1 0 Site: 1856 East Drive Property Size (Acres): 0.22 R,O.W Size (Acres): 0.10 Land Use Zoning PIN: 02/29/15/16452/002/0070 From: RL R3 (County) To: RL LMDR Alias PClge: 261A Exhibit A Ordinance No. 7155-03 ORDINANCE NO. 7156-03 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 WEST SIDE OF EAST DRIVE, APPROXIMATELY 900 FEET EAST OF HIGHLAND AVENUE AND 240 FEET SOUTH OF SUNSET POINT ROAD, CONSISTING OF LOT 7, BLOCK B, CLEARWATER HIGHLANDS, UNIT A, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY, WHOSE POST OFFICE ADDRESS IS 1856 EAST DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use CateQorv Lot 7, Block B, Clearwater Highlands, Unit A, according Residential Low to the map or plat thereof as recorded in Plat Book 28, Page 95, Public Records of Pinellas County, Florida, together with the abutting right-of-way. (ANX2003-05010) 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. 7155-03, and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner ~~!roved as t~ ;o&~. . .', . . .. /' i/. 'l . 1 / {/ - \ ( ;' l. ~ . (. t. r...... ,: -, { / (. ,', ," ....... 'l ' _ Leslie K. Dougali-Sides ') Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No 715G-03 ~I ~I ,'-' ELIZABETH LN ~"/ 1 ,~1.: c., C/) 0 '" '" ,. .., ., t l ' \ 01 " t- o. ~ .~ " ." " ., .., '0 , " / \ 1:;.lIJ c:: !~\ !~US ~j~J ~~U ~ -R(I ~!i. \';~' l<mo ~ ::0 0 ., 0 ~ c, 'il ., '" "' ;~ " ::: " " t. " ~ ,. ~ c. ::0 '0 ~ '0 .., q .., -' "' SUNSET POINT RD t. /8tJtJ Hi6'j ~ " .., " - .., v 1"i68 ~ t. ~ ::'R " Q U '" " '" 1,'1;- J, :~5 R U en 1""',1 -t 1869 I~ - ]B'J/ tJ 1 ~-,i.' I.'RO ,. 1.0;'.4 ltio7 :'i,'U} /BBq lH65 18h4 ;0 RL 1887 IS ;<.J IR74 - IB55 RLIS60 186' 1861" 1.'74 IR 18bJ 1875 1.'61 ...... ... 1373 R~ - RCG J5o~ IBbS IH 1859 ' . 18b~ IB71 1857 1569 185/ C/) tJ:J . 1867 T/115O , ~U IRS7 ~ /Sr-..t ~ - IRo:1 1865 IBS3 Jhh2 18 1563 '.- ::0 r- SOUTH DR 1551 0 ~ - 1857 lRS6 IS 1856 ~ ~ CG ,. .""1'" J.I;44 ~ ~ :;; '" '" " IS45 U .0:: ~ ~ ~ ~ 1..53 , IS50 IH61 11'144 IN:1 16~3 IS50 r- Q' RI.J Il1 1-.. IS4RL ''i..n ""4 0 0 - CI) 1!HS J844 ::0 15 /S4( IS.lll 18". ::0 ~. RUH31 ~.. IH" JRJ4 - ISJS 1839 IR,lll 15 IS;}? J83B IR.7 IHJ:1 18:J5 18.1~ /835 1.~:!~1 U lrUO - IH:} I .. H. ISJ5 18.l;) IR. IH33 /832 IBIQ 18~R IH:lR JE;~'~ ISI7 1826 - /S::S IB.ll 1826 I. ISIS RLI8:J 1624 lR:Jt IH31 lR:,,':J 18;)3 - . . IS;]I IS20 IS . 1829 18~( 1.'1/.1 RI J,"" ISll , - .;,. IHI9 181 18P 1517 IHIIi IHI IH IHI. Future Land Use Plan Map Owner: Louis Ljuljic Case: ANX2003-050 1 0 Site: 1856 East Drive Property Size (Acres): 0.22 R.O.W Size (Acres): 0.10 Land Use Zoning PIN: 02/29/15/16452/002/0070 From: RL R3 (County) To: RL LMDR Atlas Page: 261A Ordinance No. 7156-03 ORDINANCE NO. 7157-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EAST DRIVE, APPROXIMATELY 900 FEET EAST OF HIGHLAND AVENUE AND 240 FEET SOUTH OF SUNSET POINT ROAD, CONSISTING OF LOT 7, BLOCK B, CLEARWATER HIGHLANDS, UNIT A, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY, WHOSE POST OFFICE ADDRESS IS 1856 EAST DRIVE UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoninq District Lot 7. Block B, Clearwater Highlands, Unit A, Low Medium Density Residential according to the map or plat thereof as recorded (LMDR) in Plat Book 28. Page 95, Public Records of Pinellas County, Florida, together with the abutting right- of-way (ANX2003-05010) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3, This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7155-03 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: \.....1, ~/,.", . . '/.J . I' ". L-~( i ( ',;k / . /tl~( (. ;) c...., Leslie K. Dougall-Sides ) Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7157-03 ~i ,0 ELIZABETH LN " UJ. ," ]Q]-l " '" C/) - , I- I- , 0 '" ;;; .., '" c, ~ .., '" " .- I- '" 0 J c, "' co ~ '" ." " ~ " {-..~ JS.l'J 19GB c: ---;:: J -: J ~s:, j ~ ro., '. .r ':;;: ' , ~ 1900 ::u 0 ~ <:> " ; ~ '" ., " ~ 0 '" '. c, :;i " " '" '" ~ '" ::u ~ ~ -, ~ ~ ~~ 'n '0 " SUNSET POINT RD ... IS66 1869 ., V"o -, .--- ., '" " 186:; ;; '" ~ '" :::: ~ R3 I- '" ., :~ '" l.'l"JI 1~Q5 (I) , ]R'J.1 -t 1869 I. 0 IS,'1 t- 1891 1867 1880 18S0 II 186~ 1889 18~5 JB64 ::u 18H7 lti II) 187.' I- 1885 III 15G( , 1862 186/... " IS7'- 1118,1 ' ti~ ' IS"! ' , ' 187S .' ..in .. ,- ..: . ' '.t 1873 'K;S , ~ '.' .:, ;,'."',::-:-: t- " .' ','. ;'EMlJ fie IHb8 .J" ."" ' ,. i8~~..,'. 'r' 1859';. 1868 l.'fb9 18 1871 ,;,-..\"".,:.;:-. ;', . .;'., 1'69 -II'~':"~:'> ",' J856 . . ~ " :."-.:' . (I) OJ \ ~ , " 1Rft? [1850 ."~.~" 1857 ~ r:n t- I~::- 0 llM DR62 1865 :;,: Y.8S/:::-. ", '" lS6~ 18 ~ 1863 ::tJ r- r:; <,<'SOUl - IB51 ~ 0 t- -. 1857 IH56 18 'y. ' :,~':.. . 1.'456 e5 ~ C 'I;;,.' - :0 :.:l .., IB44 '" 1845 .... ~ ~ '" :b I- ~ IB44 Q;:.:;: ~ 1853 J850 tJ 18 186/ 1842 18<3 1850 r- ~ ;::' ,,,_Itl I'T1 IT1 1843 ". 0 tJ I- --.; 1840 en;. 1845 1844 ::tJ lR 5 lB361t: 1838 1:;44 ::tJ 1841_ . 1~ Tn IRs I- IR.Jl) 18.18 J8 1!:J9 ", ~ -~- lB.18 l!27 1835~ 18J2 JS;JS 1~q~12 " , . - 1823 11133~ 18JO 1521 ' ' IH.15 111:12 18. 1519 " 1828 1829 IRJ2 1828 1817 1826 '-- " .' ~ 18;JS 1831 18:2tJ 18 1815 R3 11124 ISZ6 '18:14 1831 '<~ 18n 18;]3 ,- 1.~21 1820 18 I" 1829 1520 1813 1811 '"~ ..' ., 181 1817 f.- 181' 1819 1817 1816 18 lSI Zoning Map Owner: Louis Ljuljic Case: ANX2003-050 1 0 Site: 1856 Em t Drive Property Size (Acres): 0.22 R.O.W Size (Acres): 0.10 Land Use Zoning PIN: 02/29/15/16452/002/0070 From: RL R3 (County) To: RL LMDR A tlas Page: 261A Ordinance No. 7157-03 ITEM # Final Agenda Item # Meeting Date: PLD .~ Ie Clcarwatcr City Con1lnission Agcnda Cover MCIl10randum Worksession Item #: 8-21-03 SUBJECT/RECOi\li\lENDA TION: APPROVE a Land Usc Plan Amcndmcnt from the Commcrcial Gencral (CG) catcgory to the Rcsidential Urban (RU) category and a Zoning Atlas Amcndmcnt fi'OIl1 the C. ComJl1crcial District to thc LMDR. Low Medium Dcnsity Residential District for property located at 1120 Woodlawn Street (Lots I through 12, inclusivc, Block "B" and Lots 21. 22, 23 and 24 B lock "A" and the \Vest Y2 0 I' vacatcd Tioga t\ vcn ue. lyi ng cast 0 f Lots 21. 22, 23 and 24, Block "A", all lying and being in Harvcy Park Subdivision, Section 22, Township 29 South, Range 15 East). and PASS Ordinanccs #7158-03 and 117159-03 on first rcadin~. [g] and that the appropriate ofticials be authorized \0 exccute samc. (LUZ2003-05003 ) SUMMARY: This subject site is located on the north side of Woodlawn Street, approximately 250 fect cast of Martin Luther King, Jr. Avenuc. The application involves two (2) vacant parcels of land, approximately 0.98-acres in area. Both parcels havc a Future Land Usc Plan designation of Commcrcial Gcneral (CG) and a zoning classification of C, Commercial. The applicant is requesting to amcnd the Future Land Use Plan designation of these parcels to thc Residential Urban (RU) category and to rezone them to the LMDR, Low Mcdium Density Residential District to develop this site, along with two residentially designated parcels to the north, with single-family dwellings for low-income rcsidents. The Planning Department detennincd that the proposed land use plan amcndment and rezoning applications arc consistent with the following standards spccified in the Community Development Code: . The proposed land usc plan amcndmcnt and rczoning applications arc consistent with the Comprehcnsivc Plan. . The potential range of uses and the current use are compatible with the surrounding area. . Sufficient public t~lcilities arc available to scrve the property. . The applications will not havc an advcrse impact on the natural environment. Plcase refer to the attached land use plan and rezoning (LUZ2003-05003) report for the complete staff analysis. Reviewed by: Legal . (, , Info Srvc N/A . , .. . ...... Budget N/A Public Works Purchasing N/A DCM/ACM Risk Mgmt / N/A Other Originating Dept.: PLANNING DEPARTMENT Marc A. Ma User Dept.: Costs Total N/A Current N/A FY Funding Source: CI Attachments: ORDINANCES NO. 7158-03 & 7159-03 STAFF REPORT OP Other ~ J4t~~ ~- .. - o None Appropriation Code: In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority, Due to the sizc of thc plan amendmcnt site, review and approval by Florida Dcpartment of Community Affairs is not requircd, The Community Development Board reviewed this application at its July 15, 2003 meeting and unanimously recommcnded approval. S:IP/nnning [)eprlrllllen/lC D /J\Lalld Use A"'('ntflll(,IIls~LUZ 200JI/.Ull00J-0500J l.ary;o 1I001.t;II~ f)t:\'. L~ Tampa Ray COllllllllllily f)e\', Corp //20 Wood/awn SlICe 2 LUl200J.0500J //10 Wood/tIIl'II ,{/,doc COB Meeting Date: Case No.: Agenda Item: July 15, 2003 LUZ2003-05003 G3 CITY OF CLEAR\V A TER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORl\'1ATION: O\VNERfAPPLICANT: Tampa Bay Community Development COIlJOration and Largo Area Housing Development Corporation REPRESENTATIVE: Nina S. Bandoni LOCATION: 1120 Woodlawn Street, located on the north side of Woodlawn Street, approximately 250 feet east of Martin Luther King, Jr. A venue. REQUEST: (a) Land Use Plan amendment from the Commercial General, CG Classification to the Residential Urban, RU Classification; and (b) Rezoning from the C, Commercial District to the LMDR, Low Medium Density Residential District. SITE INFORMATION: PROPERTY SIZE: 42,688 square feet or 0.98 acres DIMENSIONS OF SITE: 100 feet by 300 feet and 130 feet by 100 feet m.o.1. PROPERTY USE: Current Use: Proposed Use: Vacant Single family dwellings PLAN CATEGORY: Current Category: Proposed Category: Commercial General (CG) Residential Urban (RU) ZONING DISTRICT: Current District: Proposed District: C, Commercial LMDR, Low Medium Density Residential District Staff Rcport - Community De\'elopmcnt Board - July 15. 2003 .:.. Case LUZ200J-05003 - Pagc ) EXISTING SURROUNDING USES: North: Vacant & Warehouse South: Single-Family Residential East: Single-Family Residential West: Retail & Light Assembly ANAL YSIS The Future Land Use Plan amendment and rczoning application involves two (2) vacant parcels of land, approximately O.98-acres. 80th parcels have a Future Land Use Plan designation of Commercial General (CG) and a zoning classification of C, Commercial. The applicant is requesting to amend the Future Land Use Plan designation to the Residcntial Urban (RU) category and to rezone it to the LMDR, Low Medium Density Residential District to develop the property with single-family dweJlings for low-income residents, The applicants currently own two adjacent residentially designated parcels, totaling O.271-acres in area, to the north of the site, which wiJl be developed in conjunction with this site, if this Future Land Use Plan Amendment and rezoning is approved. In accordance with the COllntywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and 80ard of County Commissioners acting as the Countywide Planning Authority, Based on the acreage and density involved in this plan amendment, review and approval by the Florida Department of Community Affairs is not required. I. CONSISTENCY '\'ITH CITY'S COMPREHENSIVE PLAN [Sections 4-602.F.l & 4-603.F,l] Applicable Goals, Objectives and Policies frol11 the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 13.1 Objective - Assure an adequate supply of housing in Clemwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. 13,1.5 Policy - The City of Clearwater shall continue to provide infon11ation, incentives, and technical assistance to the private sector in order to achieve housing production that meets the needs of very low, low, moderate, and middle-income households. 13,2,1 Objective - The City of Clearwater shaJl continue to provide assistance and incentives for the development of housing that is affordable to Very Low, Low, and Moderate Income households, including those with special needs, consistent with the level of growth in these income categories. Staff Report - Communit)' Development Board - July 15. 2003 - Case LUZ2003-05003 - Page 2 13.4 Objective - For Adequate Sites for Very Low, Low and Moderate Income Houscholds continue to providc zoning and land usc rcgulations which allow for the developmcnt and rcdcvelopmcnt of affordable housing in stablc ncighborhoods. Thc proposcd plan amendment is not in conflict with Clearwatcr Comprehcnsivc Plan Goals, Objcctives or Policies, and is consistcnt with the Clearwater Comprchcnsive Plan. II. CONSISTENCY \\'ITH COUNTY\VIDE PLAN The puq)ose of the proposcd Residcntial Urban (RU) category, as specified in Section 2.3.3.1.5 of the Countywide Rules, is to depict those areas of the County that arc now developed, or appropriate to be developed, in an urban low dcnsity residential manner; and to recognize such areas as primarily well-suitcd for rcsidcntialuscs that are consistent with the urban qualities and natural rcsource characteristics of such areas, The Residential Urban (RU) category is gencrally appropriate to locations removed from. but in close proximity to urban activity centers; in areas where use and developmcnt charactcristics are urban residcntial in nature; and in areas serving as a transition between more suburban and more urban residcntial areas. These areas are generally servcd by and accessed from minor and co1\ector roadways that conncct to the arterial and thoroughfare highway network. The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan. III. COMPATIBILITY '''ITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602,F,2 & 4-603.F.3] Martin Luther King, Jr. Avcnue Corridor In the subject site location, Martin Luther King, Jr. Avenue is a two-lane undivided roadway. The Martin Luther King. Jr. Avenue corridor in this area between Lakevicw Road and Bellcair Drive is characterized by a variety of development including single-family and multi-family residential, park and open space, retail, office, commercial, light assembly and warehouse uses. The Countywide Future Land Use Plan has designated land in this area on the east and west sides of Martin Luther King, Jr, Avenue Residential Urban, Residential Medium. Recreation/Open Space. Institutional, Residential/Office General and Commercial General. Immcdiate Surrounding Area The Future Land Use Plan (FLUP) catcgory for the immediate surrounding area to the west is Commcrcial General (CG). Arcas to thc north are Commercial General (CG) and Rcsidential Urban. The Residential Urban (RU) category borders the site to the south across Woodlawn A venue, as wcll as to the cast. The existing surrounding uses include retail and light assembly to the west. To the north are vacant and warehouse uscs, while to the cast and south the uses are single-fami 11' dwcllings. Staff Report - Community Dc\'elopmcnt Board - July 15. 2()n_~- Case LUZ200J-OSOOJ - Page 3 Thc proposed Future Land Use Plan amcndmcnt and rezonlllg arc compatiblc with the sUITounding uses due the residential character of the use. IV. SUFFICIENCY OF PUBLIC FACILITIES [Scctions 4-602.F.5. & 4-603.F.5] The subject site is approximately 0.98-acres in area and is currently vacant. Based on a maximum permitted intcnsity in the currcnt CG categOlY of a 0.55 FAR, a 23,478 square foot building could be constructed on thc site. Based on a maximum permitted dcnsity in the proposed RU categol)' of 7.5 dwelling units per acre, a maximum of scvcn (7) dwelling units would bc pel111itled on this site providcd all code requirements arc mct. Roadways The acccpted methodology for rcvicwing thc transportation impacts of thc proposed plan amendmcnt is based on thc Pincllas Planning Council's (PPC) traffic gencration guidelines, The PPe's traffic gencration ratcs have becn calculated for the subject site based on the existing and proposed Future Land Use Plan categories and arc included in thc following table. MAXIMUM POTENTIAL TRAFFIC Between Lakeview Ave Current Existing Situation Plan I N/A 455 N/A 56 7,536 7,991 Proposed Plan2 68 S 7,604 l\'1:trtin Luther King, .Ir. A\'enue: and Belleaire Rd Maximum Dailv Addcd Potcntial Tri s Maximum PM Pcak Hour Addcd Potcntia] Tri S3 Volumc of Martin Luthcr King, Jr. Avcnuc from Lakcvicw Ave and Bclleairc Rd LOS for Martin Luthcr King, Jr. Avenuc from Lakcview Avc and Bcllcairc Rd N/A = Nol Applicahle LOS ~ Level-of-Service I ~ Based on I'PC calculations of ~65 trips per day per acre Illr the COlllmercial General Future 1..lIld Use I'lan Category, 2 = Based on PPC calculations of 70 trips per day per acre for the Residential Urban Future Land Use I'lan Category. 3 = City Calculation of 12.5% Source: "rhe Rull's" of the COulI(I'wide Fllfllre Lalld Use Plall D D D D The 2002 Transportation Level or Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Martin Luther King, Jr. Avenue segments in the vicinity of this site a level of service (LOS) D. The proposed land use change will not decrease the existing capacity of any of the sUITounding roadways and will not have a negative cffect on the segment's level of service as the proposed category is less intensive than the current category. Specific uses in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. Staff Report - COlllmunity Dcvelopmcnt Board - July 15. 2003 -- Casc LUZ2003-05003 - Page 4 Square Daily Net Increase PM Net Increase of Uses Footage/Dwelling Trips of Average Peak PM Peak Units Daily Trips Trips Trips Existing Zoning/Future Land Use Plan F 41St Food Restaurant 3000 sq. ft. 1.488 IA11 178 171 : (..<ir, I.:! Inpsil()()() s f. gr"ss llnor ar~a) (a\"\!. restaurant size) I j Governm~nt Oflice 23.4 78 sq. n. 1,617 1,550 ~5S 251 Building III () 1 In lS) I ()OO s f. 'ross 11""r ar~a I Convenience Market with Gasoline Pumps 3,200 sq. ft. 2,705 2,638 272 265 IqS (,0 Irips!! uoo s. f. gross !l(l("lr (a\'g. mini-market sl/e) area.) Proposed Zoning/Future Land Use Plan 7 units 67 N/A 7 N/A Congregate Care Facility 21 beds 46 (-21) 4 (-3) r:2 .IS trips/occupied dwelling unll) Apartment 7 units 46 (-21) 4 (-3) (h63 trips! dwelling unit) Thc City of Clearwater Enginccring Department has concluded that the transportation impacts associated with this land use plan amendment and rezoning will not result in the degradation of the existing LOS to thc sunounding road nctwork. In addition, no impact to the opcrational cfficicncy of the signalized intersections within the subjcct arca is anticipatcd by the proposed amcndment. Mass Tnmsit The Citywide LOS for mass transit will not be affected by the proposed plan amendmcnt. The total miles of fixed route service will not change; the subject site is located within 'i4 mile of an existing transit route; and headways are less than or cqual to one hour. Pinellas Suncoast Transit Authority (PST A) bus service is available along Martin Luther King. Jr. Avenue. 'Vater The ClllTcnt zoning district could demand approximatcly 2,347 gallons per day, Undcr the proposcd zoning district, water demand could approach approximatcly 1,750 gallons per day, As thc proposcd amcndmcnt wiII only pCllllit less intensive lISCS, there will not be a ncgative affect on thc City's CUlTent LOS lor watcr, \Vastcw;Itel' The CUlTcnt zoning district could demand approximately 1,878 gallons of wastcwater per day. Under the proposcd zoning district, sewer demand could approach approximatcly 1,400 gallons per day. As thc proposed amcndmcnt will only pel111it less intensivc uses, therc will not be a ncgativc affect on thc Cily's ClllTent LOS for water. Staff Rcport - Community De\'clopment Board - July 15.2003 - Case LUZ2003-05003 - Pagc :; Solid \"aste The cunent zoning could result in 63 tons of solid waste per year for a commercial site, Under the proposed zoning district, there could be approximately 17 tons of solid waste generated per year. The maximum development potential permitted under the proposed land use and zoning districts \\'illnot affect the City's cunent LOS for solid waste disposal. Rccreation and Opcn Spacc As the proposed land use and rezoning will change the permitted uses from non-residential to residential, payment of a recreation facilities and land impact lee will be required. The amount of this fee is dependent on the number of developed units and will be addressed during the site plan review process. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603,F.5.] Prior to development of the subject property, site plan approval will be required. At that time, the stoll11\vater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 ,F,6.] The location of the proposed Residential Urban (RU) boundaries arc logical and an appropriate classification between the single-family uses to the south and cast and the warehouse uses to the west. The district boundaries arc appropriately drawn in regard to location and classilications of streets, ownership lines and existing improvements. VII. CONSISTENCY OF DEVELOPl\IENT \VITH COMl\IUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-201; 2-701 & 4-602.F.1. and ,2.] The proposed LMDR, Low Medium Density Residential District pelll1its a density of 7.5 dwelling units per acre, while the existing C, Commercial District permits a FAR of 0.55. In addition, the 0,65 ISR of the proposed District is considerably less intensive then the current Commercial District at 0,90. The total size of the subject site is 42,688 square feet, and both parcels exceed the 5,000 square feet minimum lot area requirement and 50 feet minimum lot \vidth requirement of the Low Medium Density Residential zoning district. Therefore, the parcels meet the size requirements of the proposed District and the proposed single-family dwelling uses arc pelll1itted in the LMDR District. Approval of this land use plan ~Hnendment and zoning district designation docs not guarantee the right to develop on the subject property. Transportation concurrency must be l11et, and the property owner will have to comply with all laws and ordinances in cffect at the timc dcvelopmcnt permits are requested. The existing and proposed usc of this property is consistent with the Low rvlcdium Density Residential zoning district regulations. Staff Rcport - Community Dcvclopllll'nt Bl),Hd -, .luly t 5. ~003 - Casc Ll!Z2003-05003 - Page (, SUMMARY AND RECOMMENDATIONS: An amendment to the Future Land Use Plan from Commercial General (CG) to Residential Urban (RU) and a rezoning from the C, Commercial District to the LMDR, Low Medium Density Residential District for the subject property is requested in order to develop single-family dwellings for low- and moderate-income residents on the site. The neighborhood is surrounded by single-family residential dwellings to the south and east; vacant land and a warehouse to the north; and a warehouse to the west. The proposed Residential Urban Future Land Use Plan classification and Low Medium Density Residential zoning district are consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with thc dcvelopment regulations of the City, The Planning Department recommends APPROV AL of the following actions on this application: 1. Amend the Future Land Use Plan designation of 1120 Woodlawn Street from the Commercial General (CG) category to the Residential Urban (RU) category, and 2, Amend the zoning district designation of 1120 Woodlawn Street from the C, Commercial District to the LMDR, Low Medium Density Residential District. -1!!Jd AIL-- Prepared by Planning Department Staff: Marc A. Mariano, Planner Attachments Application Location Map Aerial Photograph Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S.INn",';lIg f)C{lorlnll'IIIIC f) I/I/,nnd USt' ..lmrndm,'lIIs'LUZ :OO,lI/.UZ:OO.l.OjOO.I/,nrgo IImu;ng f)c.'. ,( Torn{ln Ra..' lOmll/",,;I)' D,'". lori' 11:0 Woodlm", Stll.UZ:OO,l.OJOO.II/:O Woodln"n SI .tInITrq,o,.l.dor Staff Report - Community Dc\'clopmcnt Board.- July 15.2003.- Case LUZ2003-05003 - Pagc 7 ~~LO-IUS EA~r-H---;)~: ~ ~;~; '::jI_i~~~~~1 r >. 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"" 15.H - - 1,;.1,; Existing Surrounding Uses Owners: Largo Housing Development Corp. & Tampa Bay Community Development Corp. Case: LUZ2003-05003 Site: 1120 Woodlawn Street Property Size(Acres): 0.98 land Use Zoning 22/29/15/37602/002/0010 22/29/15/37602/001/0210 PIN: From: CG C To: RU lMDR Alias Page: 314A "- ~ ---...... ----- , , ~, :..' ~:: . j~t~i~:,/;\; "i'; . ',' Property to the north .-- ------= --- Site view from the south . ,.. '. ., . .~ ..~~~;A~i~:,~~:;:~:'.~~~.~:~~;;'~~ ~ : :',- ~ Property to Ihe easl ;ij~~~~!~Mi!~~~j:;;,"\".'. . ,,~, ,.. ,;,. 1'."\\ ; ':. '.. '. ~'. . .", "'.J " :: . -:" .;~ .~ . !:. X.<:";:":i;'>i'; Property to the south Site view from the south Largo Ilousing Dcvcloplllcnt (~()rp()ration & Tampa Bay Comnulnity Dcvclopnlcnt Corporation LllZ2003-05003 1120 \Voodla\\"l1 Street ORDINANCE NO. 7158-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF WOODLAWN STREET, APPROXIMATELY 250 FEET EAST OF MARTIN LUTHER KING, JR. AVENUE, CONSISTING OF LOTS 1 THROUGH 12 INCLUSIVE, BLOCK 8, HARVEY PARK SUBDIVISION AND LOTS 21 THROUGH 24, BLOCK A TOGETHER WITH THE WEST ONE-HALF OF VACATED TIOGA AVENUE LYING EAST OF LOTS 21 THROUGH 24, BLOCK A, HARVEY PARK SUBDIVISION WHOSE POST OFFICE ADDRESS IS 1120 WOODLAWN STREET, FROM COMMERCIAL GENERAL TO RESIDENTIAL URBAN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See legal description attached hereto (LUZ2003-05003) Land Use Cateqorv From: Commercial General To: Residential Urban Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pine lias County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Appro\ved as to form: . I . .r . j , / / .. /.,' ) /' , 'j .-' ( ;' ...\ t. ".....,;.. / {,.: '. - ., I . Leslie K. Dougall-Sider Assistant City Attorney Attest: Cynthia E, Goudeau City Clerk Ordinance No. 7158-03 Legal Description for LUZ2003-05003 Taken from Boundary Survey dated 4/21/03 prepared by Allied Surveying Lots 1 through 12, inclusive, Block "B" and lots 21, 22, 23 and 24, Block "A" and the west Y2 of vacated Tioga Avenue, lying east of Lots 21, 22, 23, and 24, Block "A", all lying and being in Harvey Park, as recorded in Plat Book 9, Page 94, Public Records of Pinellas County, Florida, Ordinance No. 7158-03 http://www.\.Ol!aIOllrnn.com .. HIll!, }.14.J I~S s I~ /- ~ Ii , '"' ~ R~ gll /HIl'n::;/ I 1-141 H.lt; ~ ~ _ -. 11.'\'';0 ~. I I/S.1 I 1-I5H ~ 1.,,5 R'l:J~ 145H". ) I -nrr:r 'l: 1-1104 r I ^ CJ: ...., ~ ;0 ::j ~ r- c:: ,/55 ~ 111 ;0 ~ ~ ..G) t- ;:0 .175 :bo ~ . . . . . . CG IRU I . "-mJ-' I I 1m 1 .10 . . 0, . /,1'" =.:: ., :~ LJ/\ )\/j-V I AI '" :: "'''0 RIDS rVlI/... "-(/1' 1''''.1 R[J ", .., '; -- '" ;:: . . '1'-: !- I i , - :j, ':1/ l: '" 'l: 1.,.,9 ,.It.H 1-1t17 J.I:.l '" OJ " - " - - - "''''11 CG - ~M II."..' HH 1477 10/79 IHI I'M.I ],1145 '4,,7 147v 14H I I'IH.I J.,QS I RU I 1-17,1 o ~ .,. ~ - RU o .. '" ~ .. IHH 14'17 J,'QfJ WOODLAWN 5T ... ~ .., ~ :': '" ;:; '" ~ '" 1'<;00 Rl. ;.: 3 1476 147H /.fHO 14lf] '0 ~ ~""'liII ::;'; '\I ILDWOOD 5T IH.I .., INS} : 1516 r --!E!!!... t- '" ~ ~ -- .... ~ J./H-I 1-1,~ I ...... ..... ~ ....... f") ~ ISOJ 1511 ~ 151} · G " ~ 15~(J ,-I.":' u, ~ 1$1/1 15J5 ~RU 151,0 RU4 RJJ- !4VU Z-I'J:} I:Cl)- ,/. Jo ~.::- :l '" ~ '" .,. '" ~ '..')J ... " '" - .... '"' - - " - I ~J" ~ ~ ISu? oct 2:0 ::I Rtli ~ I.~~I Q '~ ~ ~/SJJ C/) ISJ5 15.11 151111 I SO.I ISO.~ 151M .... .... ISI.1 /511 RI1-;;;; l.'iIJ RlOS I . -. ".uN ST lSJO ~ RlJ 15~(I I 1519 /5:16 15~1 J5:.!.'J /5;}O - ~ ~- ~~ ,;: I 1/523 Largo Housing Development Corp, & Tampa Case: I LUZ2003-05003 Owners: Bay Community Development Corp, Property I 0.98 Site: 1120 Woodlawn street Size(Acres): I Land Use Zoning I 22/29/15/37602/002/0010 PIN: I 22/29/15/37602/001/0210 From: CG C ! I To: RU LMDR A tlas Page: I 314A I ~ 15.14 ri RU 15]] -- 15J~ .'us 15:17 J52.~ 1$.10 Future Land Use Map Onlin<1ncc No, 7158-OJ ORDINANCE NO. 7159-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY lOCATED THE NORTH SIDE OF WOODLAWN STREET, APPROXIMATELY 250 FEET EAST OF MARTIN LUTHER KING, JR. AVENUE, , ~.) rf- "'E ''\IT-:~ --', CONSISTING OF LOTS 1 THROUGH 12 INCLUSIVE, rr\ C t,J... ~.,.". BLOCK B, HARVEY PARK SUBDIVISION AND LOTS 21 THROUGH 24, BLOCK A TOGETHER WITH THE WEST JIll (i'l 'inl! i ONE-HALF OF VACATED TIOGA AVENUE LYING EAST . .,_. 'r-"I"OF LOTS 21 THROUGH 24, BLOCK A, HARVEY PARK PLANNING D~P,~:') 'r:..:I\" !,~ SUBDIVISION WHOSE POST OFFICE ADDRESS IS 1120 CITY OF CLc:r\t~VV/J.'I..,r WOODLAWN STREET, FROM COMMERCIAL (C) TO LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property See legal description attached hereto (LUZ2003-05003) Zoninq District From: Commercial (C) To: Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7158-03 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and land Development Regulation Act, pursuant to S163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approyed as to form: t,;' ,.... '.Y I "J I ' ('( (.( l . . . . . // ."':} 1 . ". \ K\, ( , A, , ,\ II. ,/1. '. Leslie K. Dougall-Sides Assistant City Attorney . Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7159-03 Legal Description for LUZ2003-05003 Taken from Boundary Survey dated 4/21/03 prepared by Allied Surveying Lots 1 through 12, inclusive, Block "B" and lots 21, 22, 23 and 24, Block "A" and the west % of vacated Tioga Avenue, lying east of Lots 21, 22, 23, and 24, Block "A", all lying and being in Harvey Park, as recorded in Plat Book 9, Page 94, Public Records of Pinellas County, Florida. Ordinance No. 7159.03 - 1 :: i : ~l I I ^ ALM~ S-i 1'1101.... Fill". "'oSJ :: .. .., 0> :; "' I ~ ::l ::l OS/R P-" ~ 1-140 1441 ' .: ~ I.,.,V l\\/ ].'46 :0- ].'51 I - ? ~ .. ~I i ... , - " ., - '-155 :: - ::1 ::l ::l ...J /-150 ~ ,.,SO , 1-/53 ~ , ; ~ , 1455 j /.,58 1458'11 ;; . ,. , I ; ,.,6-/ ! 5 1468 Hb7 , j 1475 C I ; J4.tj., 1-17" I 0 .. I '" ~ ., ~ .... !!". 10176 ~ ~ .~ MDR , 1-/77 . J4il} . 1-178 JoI ,7 1481 . H8() 14Sl 148:1 . 1481 /./83 . /48 I .., H85 :LMD ~ HH 1'185 ~ :: ~ j 10167 ]-'111) ,"' 1-/8'/ ].I,/cl . 1488 HSV HRI --, . 1"90 I .......jJ i 1-/8.1 · LNf,(J 14V1 '" 14C}5 H91 · . 0 1-----.,,- '" '" 0 or .., /493 .. ~ ~ '.I'M 1497. . .:::: ~ r~ t\ f-J)R ~ ~ 1491} . /4V8 ..ii ii..- - ... '" --....I!-: . T I '" 1500 I;J rDR a .., t- o,- .... -, '" ~I 0 !:: '" ......, .., ~ or ~ ~ -~ - -- I ~ '- (I) It, t-", ~ /5Q-1 I I:iO.' ~2 ----j 15(19 ~ 150:1 - - 1508 1509 I 1508 ISIO /51/ -- (I) q: i 15/J 1510 ... :t: :c: ~~ - /51J /511 1515 I 1515 IS}:J <: 0 151.' G) '"" 15J6 ~ 1516 CI) 15/9 ~/S/9 1514 -aS7Jr d - Q on J5JO ~ 1510 ~ 151J ... IS22 /510 <: ~ '" ;;; :b 1519 15~6 152S IS:!.. 1514 5~15 ~ ~ ~ CI) rT 1517 1518 15ZQ ! 15.W 15:JJ 152/ 15)8 1,./3 153:/ 1529 1531 1535 1535 J5J2 1522 I 1536 Zoning Map Largo Housing Development Corp. & Tampa Case: \ LUZ2003-05003 Owners: Bay Community Development Corp, I Properly 0.98 Site: 1120 Woodlawn street Size(Acres) : I Land Use Zoning 22/29/15/37602/002/0010 PIN: 22/29/15/37602/001/0210 , From: CG C -. To: RU LMDR Atlas PClge: 314A , Ordinance NO. 7159-03 Final Agenda Item # Meeting Date: ('Ln~ II Clearwater City Commission Agenda Cover Memorandunl Work session Item #: 08-21-03 SUB.JECT/RECOMMENDA TION: APPROVE the Annexation. Land Use Plan Amendmcnt from Preservation (P) to ResidentiaVOllice Gencral (RlOG). and Zoning Atlas Amendment trom P-l. General Professional Oflices (County) to the O. Ollice District for property located at 3080 Allen Avenue (consisting of Lots 4 through 15. Acker's Subdivision. in Section 28. Township 28 South. Range 16 East~) and PASS Ordinance No. 7160-03 to annex this property on lirst reading and PASS Ordinance Nos, 7161-03. 7162-03. 7166-03 & 7168-03 to amend the Future Land Use Plan Map and Zoning Atlas for this property. (ANX2003-05011 and LUZ2003-05004) r2J and that the appropriate officials be authorized to execute same. SUMMARY: The subject site is comprised of five parcels of land, 1.95 acres in area, located at 3080 Allen Avenue. at the northwest corner of McMullen Booth Road and Allen A venue. The annexation. land use plan amendment and rezoning is requested by the applicant, Robert Hupp and Allen McMullen who intend to construct offices on this site. The annexation will enable the applicant to receive solid waste and sanitary sewer service. The required impact fees will be paid at the time building permits are issued. Approval of this request would allow the developer to consolidate the entire site. totaling 1.95 acres. in the ResidentiaVOflice General (RlOG) future land use plan category and the 0, Oilice zoning district. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: . The proposed annexation will not have an adverse impact on public facilities and their level of serVIce. · The proposcd annexation is consistent with the City's Comprehensive Plan. the Countywide Plan. the Community Development Code and Pine lias County and Florida Law. · The proposed annexation is contiguous to existing municipal boundaries. represents a logical extension ofthe boundaries and docs not create an enclave. Please refer to the attached annexation (ANX2003-05011) report for the complete stafTanalysis. Reviewed by: Legal Info Srvc N/A /" \ , I Budget N/A Public Works Purchasing N/A DCM/ACM Risk Mgmt N/A Other Costs Total Current FY Funding Source: CI OP Attachments: dlnance Nos. 7160-03. 7161-03. 7162- 03.7166-03 & 7168-03 STAFF REPORTS Other ~ o None Appropriation Code: This annexation has been reviewed by the Pine lias Planning Council (ppe) and Pinellas County stairs according to the provisions of Pinellas County Ordinance No. 00-63. Section 7( 1-3), and no o~ieetions have been raised. The applicant is requesting to amend the Future Land Use Plan Map designation I{)r a portion of the site totaling 0.38 acres from Preservation (P) (County) to Residential/Olliee General (R/OG) (City) and the remainder of the site. 1.57 acres from Residential/Oilier General (\VOG) (County) to Residential/Oilier General (RJOG) (City). Additionally. a zoning atlas amendment is requested to rezone 0,38 acres of the site Irom the County's (P-l). General Prolessional Olliees designation to the City's (0). Olliee District and the remainder of the site (1.57 acres) Irom the County's (P-l). General Professional Ofilces designation to the City's (0). Ollice District. The Planning Department determined that the proposed land use plan amendment and rezoning applications arc consistent with the following standards specified in the Community Development Code: · The proposed land use plan amendment and rezoning application arc consistent with the Comprehensive Plan, . The proposed use is compatible with the surrounding area. . Suflicient public lacilities are available to serve the property, . The applications will not have an adverse impact on the natural environment. Please refer to the attached land use plan and rezoning (LUZ2003-05004) report tor the complete stafr analysis. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the plan amendment site, review and approval by the Florida Department of Community Afiairs is not required. The Community Development Board reviewed these applications at its public hearing on July 15, 2003 and unanimously recommended approval of both applications, COB Meeting Date: July 15.2003 Case Number: LUZ2003-05004 Agenda Item: G-2 CITY OF CLEAR\VATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION O\VN ERI APPLICANT: Robert Hupp and Allen McMullen. REPRESENTATIVE: Bryan Zarlenga (Tampa Bay Engineering, Inc.) LOCATION: 3080 Allen Avenue. REQUEST: (a) Land Use Plan amendment from the Preservation Classitication (P) (County) to the Residential/Officc Gcneral Classification (RlOG) (City) (pcnding ANX2003-050 II); and (b) Rezoning from the P-l, General Professional Officc District (County) to the 0, Officc District (City) (pending ANX2003-0S0 1\). SITE INFORMATION PROPERTY SIZE: 16,S53 square fect or 0.38 acres DIMENSIONS OF PROPERTY: 120 feet wide by 230 feet deep m.o.1. PROPERTY USE: Current Use: Proposed Use: Vacant Future mcdical office PLAN CATEGORY: Currcnt Categury: Proposed Category: Preservation Classification (P) (County) Residential/Office General Classification (RlOG) (City) ZONING DISTRICT: Currcnt District: Proposed District: (P-I), General Professional Ofticcs (County) (0), Ofticc (City) StaO'Report - Community Developmcnt Board July 15. 2003- Case LUZ200J-05004 Pagc I EXISTI;\;G SUnROUNDING USES: N0I1h: South: East: West: Omee Multi-family residential Mobile Home Park Singlc-t~llnily Residential ANAL YSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves portions of three parcels of land. approximately 0.38 acres in area. This site constitutes a portion of a largcr site, 1.95 acres. includcd in a wmpanion application to annex the overall property into thc City of Clearwater (Case:: ANX2003-05(11). The site is currently vacant and has a FLUP designation of Preservation (I') and a zoning c1assitication of P-1. General Professional Offices (County). The applicant is n:qucsting to amend the FLUP designation to the R/OG. Residential/Omec General c1assi fication and to rezone it to the O. Ortice District to develop the propcrty in conjunction with the rest of the applicant's surrounding property. If approved, the overall site will be developed with a medical office building. A portion of the site is overgrown with invasive plant species and is polluted, In accordance with the Countywide Plan Rules, the land use plan amendment is subject to thc approval by the Pinellas Planning Council and Board of County Commissioncrs acting as thc Countywide Planning Authority. Based on the size of the plan amendment request. review and approval hy Florida Department of Community Affairs is not required. I. CONSISTENCY \\'1'1'11 CITY'S COMPREH ENSIVE PLAN ISection 4-603.F. II Applicable Goals. Ohjeetives and Polieics ti'om the Clearwater Comprehensive Plan in support ofthe proposed land usc plan anh:ndment an: as indicated helow: 3.0 Goal- A suniL-ient variety and am\lunt of future land use categories shall he providcd to accommodate puhlic demand ancl prllmllte intill development. 4.2.1 Policy -- All new dcwlopment or rl'dcvelopment of property within the City of Clearwater shall meet alllandscapc rl'qllircnlcllls of the Community Devc\opnwnt Code. The proposed plan amcndmcnt is nol in conllict with any Clearwater Comprehensive Plan Goals. Objectives or Policies, and is consistcnt with the Clearwater Comprehensive Plan. Starr Report - Colt1l1ll1nit~. Dewlopllll.'llt lillai'll July I), 2(lll.~ Case I.U/20OJ.0500.j Page 2 EXISTING SURROUNDING USES: NOl1h: South: East: West: onice jvtulti-I~1mily residential Mobile I-Iome Park Single-t~lIl1ily Residential ANAL YSIS: This Future Land Use Plan (f7LUP) amendment and rezoning application involves portions of three parccIs of land. approximately 0.38 acres in area. This site constitutes a portion of a larger site, 1.95 acres. included in a companion application to annex the overall property into the City of Clearwater (Case# ANX2003-(5011). The site is currently vacant and has a FLUP designation of Preservation (P) and a zoning classification of P-I, General Professional Onices (County). The applicant is requesting to amend the FLUP designation to the R/OG. Residential/Ortice General classification and to rezone it to the 0, Office District to develop the prnperty in conjunction with the rest of the applicant's surrounding property. If approved, the overall site will be developed with a medical office building. A portion of the site is overgrown with invasive plant species and is polluted. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the plan amendment request, review and approval by Florida Department of Community Affairs is not required. I. CONSISTENCY \VITH CITY'S COMPREHENSIVE PLAN ISection 4-603.1".11 Applicable Goals, Objectives and Polil.:ies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment arc as indicated belo\\': 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote intill development. 4.2,1 Policy - All new development or redevelopment of property within the City of Clearwater shall meet all landscape requirements of the Community Development Code, The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals. Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. StalT Report - Community Dcwl\lpment BrIard July 15. .2()()_~ (',Ise l.l';2il0.N15n(l.j Page .2 II. CONSISTEl\CY \VITII COUNTY\\'IHE PL..\~ The purpose or the proposed Rcsidential/Ortice General (R.iOG) category, as speci lied in Section 2.3.3.4,2 of the Countywide Rules, is to designate areas in the County that are no\\' used, or appropriate to be used ttH' oflicc and/or medium density residcntiul uses and to recognize such areas as primarily well-suited tor mixed use of an ortice/residential character consistent with the surrounding uses, transportation facilities and natural resource characteristics of such areas, The Residential/Oflice General (R/OG) category is generally appropriate to locations where it would serve as a transition from an urban activitv center or more intensi\'c non-residcntialuse to low density residcntial or public/semi-public use: and in areas where the size and scale of olliee and residential use is appropriate to free standing oflice, mcdium density residential or a combination thereof. These areas are t)1Jically in dose proximity to and sCr\'ed by the arterial and major thorough Hire high\\'ay network, as well as by mass transit. The proposed plan amendment is consistent with the purpose and loeational characteristics of the Countywide Plan, III. COMPATIBILITY \VITI-I SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD ISection 4-602.1'.2 & 4-603.1'.31 McMullcn Booth Road, between S.R. 580 and Enterprise Road, is characterized by a variety of uses including oftice, institutional, retail. multi-family residential and commercial land use designations. Residential/Ortiee General (R/OG) future land use is located to the north of the site, while Commcrcial General (CO) future land use is located farther to the north or the site. Residential High (RH) dominates the land use to the south of the property while Residential Urban (RU) land use is located to the west. The existing surrounding uses include single-t~lInily dwellings located to the wt:st and multi- Hunily residential dwellings located to the south while office buildings are located to the north and northwest. The proposed FLUP designation and rezoning is in character with the overall FLUP designation along this block and is compatible with surrounding uses. IV. SUFFICIENCY OF PUBLIC FACILITIES As stated earlier, the subject site is approximately 0.38 acres in area and is presently vacant. Based on a maximum permitted floor area ratio (FAR) of 0.1 in the P, Preservation category, a 1,655 square feet building could be constructed on this site, The allowable development potential in the Residential/Office General (R/OG) category is a FAR 01'0.50 and could allow an 8,276 square foot building to be constructed on this site, Stall Rept)rt - Community Development Board July 15. ~003 Case U i/2()(}.~ -115004 I'al!l' J Roadways The accepted mcthodology for n:\'icwing thc transportation impacts of proposcd plan amendments is bascd on the Pincllas Planning Council's (PPC) traflic gcneration guidclines. Thc ppes traffic gencration rates hm'c bcen calculated for the subject sitc based on the existing and proposed FLU P catcgories and arc included in thc ncxt tahlc. MAXIMUM POTENTIAL TRAFFIC Betwecn S.R 580 '"~ Enterprisc Current E\istin~ Sit Ull t ion PIli nl N ..\ Lc:;:; than Proposed PllIn~ 65 Nct New Tri lS 65 McMullen Booth I~oad: Road ~laximull1 Daily AJdl'd Potential Trip~ onl' 7\laximuJ1l P~I Peak 110111' Addeu Potential Trip:;' ___ Volull1C or ~lcr\'llIl1en Booth Road frolll S.R, 5XO to I:nterpri:,e Road LOS of Mc~lulkn Booth Road from S.R. 5S0 to Enterprise Road :-";t\ :-;.>t I\ppli.:ahk LOS 1.",'c1.\>f.S,'p..i,.: I ., Bas,-J Oil I'I'C c;lkulatiollS 01'0..' trips P':l an,' p,'r day Illl" the 1'!'l'Sel' atilll! Future LlI1d lj", Cat.:g.'ry. 2 = Ba,,'d Oil I'I'C calculaliolls of 170 Irips per aen: per .Iay li'r the Resid"lltial.Ollice (i"llcl~1I Futur,' Lllld Use C'at,'gpry. 30 Cily Cakulatioll of 12.5"0 Sourl'l.': "Th,' RIlIt'."" of till' CII/III(I'''';II.. Flllllr.' I.,wll c\<. 1'11I1/ N:\ (17,6~1 S x 0.0 I 67,6~1 (17,706 64 F F F F Any increased trips will be distributed to McMullen Booth Road. The 2001 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the McMullen Booth Road from S.R, 580 to Enterprise Road a level of service (LOS) F, The increase in PM Peak trips to the surrounding roadways will be insignificant lIess than 1 <Xl) in relationship to the existing capacity and will not havc a negative effect on the segments Icvel of SCI'Vlce. Permitted uses in the cun"ent FLUP are not traffic generating. Oftices arc the only uses permitted on the subject site due to the small size of the site and proposed zoning of Office District therefore, only office uses in the proposed FLUP that have been analyzed for the amount of vehicle trips that could be generated based on the Institute of Transportation Engineer's (ITE) Manual. Stand-alone residential development is not pennitted by Code within the City's Office District. Statr Report - Community Dcvelopmcnt Board - July 15,2003 - Ct:;t' LUZ20()3-05nO~ Page: -I Roadways The accepted mdhodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (ppe) traffic generation guidelines, The PPe's traffic generation rates have been calculated for the subject site based on thc existing and proposed FLUP catcgories and arc included in the next table. L I McMullen Booth Road: L Road ~ lax il1\lIlll Daily Adckd Pot~ntial Trips MAXIMUM POTENTIAL TRAFFIC Between S.R. 5MO & Enterprl;.e Current I Existing Situation Plan' N/A Less than Proposed Net New Pfan2 Tri~ ~: ~(:~ ('7'~~L~1 F F I I N!A ~ Nol Applicable L05-' Level.of.Service 1 I ,c Basl'd onl'l'~ calculations (~r()J .t.:ips !wr aae.per day fi.1r tl.\c I':cscrvali\ln Fut~"e L\IId Us~ Cat~'~\'I~" 2. -, Based \'nI'I'C calculations of 170 trip, II pcr acre pcr day lor Ihl' Resldentlal/Ol lice (,cnl'"III'ulure I ;1l11ll.se Call'gol)'. J = (lIy Calculation oj I~. )'~o Sou rcc: "TIll' Ruh's" of ,h,' COIII/(I'Il.ith! Fwur,' Lalit! 0."" PIIIII J onc i\.laxil11l1lll Pi\.1 P~ak Hour Added Potential Trips" V olul11c of i\IcMull~n Booth Road frol1\ S, R. 5~O to Entcrprise Road LOS of McMullen Booth Road from S.R. 5S0 10 Enterprise Road N/A 07,641 n,OI 67,641 F Any increased trips will be distributed to McMullen Booth Road. The 200 I Transportation Level of Service (LOS) manual from the Pinc\1as County Metropolitan Planning Organization assigned the McMullen Booth Road from S.R. 580 to Enteq)rise Road a level of service (LOS) F. The increase in PM Peak trips to the sUITounding roadways will be insignificant (less than I %) in relationship to the existing capacity and will not have a negative effect on the segments level of service. Permitted uses in the current FLUP are not traffic generating. Offices arc the only uses permitted on the subject site due to the small size of the site and proposed zoning of Oftice District therefore, only office uses in the proposed FLUP that have been analyzed for the amount of vehicle trips that could be generated based on the Institute of Transportation Engineer's (ITE) Manual. Stand-alone residential development is not permitted by Code within the City's Onice District. StafTlh'pllrl - ('ol11nlllJlity D~\"c1(lpl1\cnt Board July I:'. ~11(l3 - Case LlIl21l11-,-II:,U04 Page 4 Uses TRAFFIC IMPACTS BASED ON ITE MANUAL STANDAIUlS Nct Incrcase of A vcrage Daily Tri s Proposed FLl;P (R/OG; Rl'sidential Office General) 8,276 I N/A 299 I s uare feet Sq mirC Footagc Daily Trips/ Existing FLUP Daily Trills - Proposed FLUP PM Peak Trips Nct Increasc of PM Peak Trips Medical Office Building (~h.13 trip, per lOon ,quare li.-ell 299 36 36 General Oftice Building (11.Ollrip, per lOW) ,quarl' fel'l) 8.276 sq uare feet N/A 91 91 12 12 :-; A NIlI :\pplieahlL' Snuree: ru: hi ) ficl/e,.lI/iol/ .\tlll//l11I, 61/, I:"d.. J <)<)7 Based on the ITE Trip Generation Manual, the permitted uses will result in an increase in PM Peak trips to the surrounding roadways insigniticant (less than 1 %) in relationship to the existing capacity, The transportation impacts associated with the proposed land use plan amendment and rezoning will be minimal and the LOS for McMullen Booth Road will not be degraded. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PST A) bus service is available along McMullen Booth Road. \Vater The currcnt FLUP category does not demand any water. Under the proposed FLUP category, watcr demand could approach approximately 827 gallons per day. The proposed land use will not negatively affect the City's current LOS tor water. \Vastewater The current FLUP category does not produce any wastewater. Under the proposed FLUP category, sewer demand could approach approximately 662 gallons per day. The proposed land use will not negatively affect the City's current LOS for wastewater. Solid \Vastc The current FLUP category (Preservation) would not result in the production of any solid waste. Under the proposed FLUP category, 19 tons of solid wuste could be generated per year by the proposed medical oftice building. The proposed land use will not negatively affcct thc City's current LOS tor solid waste disposaL Starr Report - COlllmunity Dcvclopment Board - July 15. 2003 - Case L UZ2003-0500-t Pagc 5 Recreation and Open Space The proposed FLUP amcndmcnt and l\~/llning will not impact the LOS of rccreational acreage or facilities due to the non-n:sidentialland use classification. \'. I:\IPACT ON ~ATlJR:\L EN\'IRONi\IENT ISection .t-MlJ.F.5.1 Prior to development of the suhject property. site plan appn1\'al will be rcquin.:d, At that time, the storm water 11 HlIl age III ell t systcm will he required to meet all City and Snuthwest Florida Water ;'kmagcment District (S\VF\V\ID) stol1mvater management criteria. Watcr quantity and quality will be controlled in compliance with the Clearwater Comprchcnsive Plan. The site is currently polluted with fecal cnlil(xm and contains invasivc plant species, Staff has not noted wildlife of any kind, The Et1\'ironmental Division of thc City's Puhlic Works Administration and S\VF\VMD do not object to development occurring on this site pro\'ided that a sitc plan ineluding a wet pond with at least ~5(~o area of littoral shell' planting must be submitted to and approved by Staff prior to tlw issuancc of any pennits. The proposed land use amcndment will not have a negative impact on the natural environment. VI. LOCATION OF DISTRICT BOVNIlARIES ISection .t-602 .1'.6.1 The district boundaries are appropriately drawn in regard to location and classifications of streets and ownership lines, The location of the proposed Ollice District boundaries arc logical and consolidates this site into the appropriate zoning district based on ownership by Robert Hupp and Allen McMullen. It will blend into the existing Office District to the north and will provide a logical buffer to the residential uses to the south and west. Orticc and Commercial zoning districts cxist to the north and northwest. Low ivlcdium and i\'ledium High Dcnsity Residcntial zoning districts existing to the wcst and south, respectively. VII. CONSISTENCY OF DEVELOPMENT '''11'11 COi\Ii\1VNI1'Y DEVELOPMENT CODE AND CITY REGULATIONS ISections 2-J()()t.1. & 4-602.1'.1. and .2.1 The cxisting land use plan catcgory and zoning district permit a noor arca ratio (FAR) of 0,1 and an impervious surfacc ratio (lSR) of 0.20. Thc proposed Rcsidential/Office General land use category and Office District is more intensive and permits aFAR of 0.50 and ISR of 0.75. The size of the subject site is 16,553 squarc feet, and exceeds thc minimum lot area requiremcnt of 10,000 squarc feet and minimum lot width requircment of 100 feet for thc Office district. Therefore, the parcclmeets the size rcquiremcnts of the proposed District and the proposed use is permitted in the Office District. StaIr Rl:\Jl1rt - COlllmunity DcwlOPlllt'llt Board - July 15.21)0.'. Casc LL:Z2003-05004 Pagt' () Recreatioll and Open Space The proposed FLl'P amendment and rezoning \\'illnot impact the LOS nfrecn:ational acreage or facilities due to the nnn-residentialland use classi tication. V. IMPACT ON N.-\ TUR.-\L ENVIRO~:\IENT ISection 4-603.1'.5.1 Prior to development of the subject property. site plan approval will be required. At that time. the stonnwater management systcm will be required to mcet a\1 City and Southwest [-,Iorida \Vater :vlanagement District (S\VF\VivlD) stormwater management criteria. \Vater quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. The site is currently polluted with fecal coli ti.mll and contains invasive plant species. Staff has not noted wildli fc of any kind. The Environmental Division of the City's Public Wnrks Administration and SWFWivlD do not object to development occurring on this site provided that a site plan including a wet pond with at least 35% area of littoral shelf planting must be submitted to and approved by Statl prior to the issuance 0 r any permits. The proposed land use amendment wiII not ha\"e a negative impact on the natural environment. VI. LOCATION OF DISTRICT BOUNDARIES (Section 4-602.1'.6./ The district boundaries arc appropriately drawn in regard to location and c1assi tications of streets and ownership lines. The location of the proposed Office District boundaries are logical and consolidates this site into the appropriate zoning district based on ownership by Robert Hupp and Allen McMu\1en. It will blend into the existing Office District to the north and will provide a logical butTer to the residential uses to the south and west. Oflice and Commercial zoning districts exist to the north ami northwest. Low \kdium and Medium Hil!.h Densitv Residential ~ ... zoning districts existing to thc west and south. respectively. VII. CONSISTENCY OF DEVELOPMENT \VITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS (Sections 2-1001.1. & 4-602.".1. and .2./ The existing land use plan category and zoning district permit a noor area ratio (FAR) of n.1 and an impervious surface ratio (ISR) of 0.20. The proposed Residential;Oftice General land use category and Offiee District is more intensive and permits a [-' AR of 0.50 and ISR of 0.75. The size of the subject site is 16.553 square feet, and excecds the minimum lot area requirement of 10,000 square fret and minimum lot width requirement of 100 fect tor the Office district. Therefore. the parcc1mccts the size requircments of the proposed District and the proposed use is permitted in the Onicc District. Slall Rqwrt - ("PllIlllllllity I kwl,lPIllL'1I1 Bpard July 1:'.21103 l'a:;L'll'1.2003-11:'I!ll4 Pag~ (, Approval of this land use plan amcndmcnt and zoning district dcsignation docs not guarantcc the right to devclop on the subject property. Transportation concurrency must be met. and the pwperty owner will have to comply with all laws and ordinances in effect at the time development permits are requested, The proposed use of these properties is consistent with the Oflice zoning district regulations. SUl\ll\1ARY AND RECOMMENDATIO:'\S An amendment of the FLUP fi'om Preservation (P) to Rcsidential.,Oflice General (R/OG) and a rezoning Ii'om 1'-1, General Professional Offices, to the O. Office District for the subject site is requested. The subject site (0.38 acres) in combination with the greater site (1,57 acres in total see case ANX2003-05011) as a whole exceeds the minimum requirements for the proposed use of the property as office space, The neighborhood is slmounded by multi- and single-family residential dwellings to the south and west. respectively and oftice to the north. The proposed land use amendment and rezoning will be compatible with the existing neighborhood and will consolidate the remainder of the Robert Hupp and Allen McMullen holding (1.57 acres) into the appropriate land use category and zoning district. The proposed Residential/Office General (RiOG) Future Land Use classification and 0, Office zoning district is consistent with both the City and the Countywide Comprehensive Plans. is compatible with the surrounding area. does not require nor affect thc provision of public services, is compatible with the natural environment and is consistent with the developmcnt regulations of the City. Based on the above analysis, the Planning DepaI1ment recommends APPROVAL of the following actions and conditions on the request: ACTIONS: I. Land Use Plan amendment from the P, Preservation Classi tication (County) to the RIOG, Residential/Office General Classification (City) (pending ANX20Q3-0501I): and 2. Rezoning from the 1'-1, General Professional Office District (County) to the O. Oflice District (City) (pending ANX2003-0S011). CONDITIONS: I. That site plans indicating a wet pond with at least 35% area of littoral shelf planting be submitted to and approved by Staff prior to the issuance of any pel1nits; and 2. That stormwater calculations to besubmitted to and approved by Staff prior to the issuance of any pel1nits. Prepared by Planning Depm1ment staff: _~----7 Mark T. Parry. Planner Stall Report - Community Dc\'elopment Board - July 15, 2003- Ca~c I.UZ20l)}-050()4 Page 7 Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan rvlap Zoning Map Existing Surrounding Uses Site Photographs S;IP/lll11lillg Deplll'll/IellllC D 8lLal/d Use A mCl/dl/lelllslLUZ 2003ILUZ2003-05004 3080 A lIell A \'t?lIIleILUZ2003-05004 Slr!1f Repontloc Staff Report - Community Development Board - July 15, 2003 - Case LUZ2003-05004 Page 8 Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S:IPICII/II;ng DcparimellllC D BlLllnd Use AmcndmentslLUZ 2003\LUZ2003.05004 3080 Allen A l'ell/lelLUZ2003-05004 Stajr Repone/ac Staff Report - Community Dcvclopmcnt Board - July 15.2003 - Case LUZ200J-05004 Page S .'.~ !!,~ I ~~~n~ n )', ~ " .1 11.../ ~~ ~,~"J:~rlll ~ ~] .T"'-.: Y~-\\'f"",) ..C~L-..Jllil~ ! ~0"""""<Il\- . ' ,'1,,\ \?+-- I ,~. t:J:J:: "1'~RT I' ~ >~ ~Qh~~ k~~ ~ /I 11 ~~fr Ir A-/\ 8~ I'a 1I-J(:l, '/ I '----"{ f-i 1J.:l CM I I / i TkJ-f r" '+' l IIII ,r : "\ ~ I/', I - 'J 5 ) ) ) EIIJIj EBffi I , ~ I I ...... '" I- n - t- PROJECT # ~ L I SITE 7. TT II 12 ,/ // .. 111111 I'r' I~ ~ ~ - I IT m - ~ r-.. ~~ ~ ~'-u j % t"-1 ~ lll.L ~ I / " II I III '1 Yo . . -. I '.J..J..U ~ I~ [ I v-I\ lA~ ~ J.Wl~ ~_\.- III I I ^ -< '- 6:y~~ ~~~~ Ef6 I1I11I1 I I riiS!ft ./ 1 m~ L /IITI-L-_ ~ vi lJu).,\&t IU _ r-- '11m Y\Y1IT '-- ~~ ~ :-~F~~ I "1. \ ~ ~~# 5~ f-- !f>'" I-J l-l ;z.. . .. ..,- .1. '~ ~ 1_7....\<J~ ""t7~~ hii' E= mm '''% ,'5 Ii:u ~ ;m T ~ ~ r-:t "Y I'm \ J..W.WIIIIIJ ~ ~ r\- //l.. T ,,'" ~)t' F-{ ) }'.......--_L-: ~J - J-.... I- I - l'I~:.s f- ~ I I /1'1" ~ IIR~ "~ " IV I I I T II':;;; ~ V fS..l.;. LI "- '~H /1 I I II " ~ Location Map Owner Robert Hupp and Allen McMullen Case: LUZ2003-GS004 Site: 3080 Allen Avenue 0.38 Land Use Zoning From: P P1 (County) o PIN: 28/28/16/00036/004/0120 28/28/16/00036/004/0060 To: R/OG Atlas Page: 212A Aerial Photograph Owner Robert Hupp and Allen McMullen Site: 3080 Allen Avenue Land Use Zoning From: P P1 (County) To: R/OG 0 Case: LUZ2003-DS004 0.38 PIN: 28/28/16/00036/004/0120 28/28/16/000361004/0060 Atlas Page: 212A /\ :--,\ I J ; ; ice Mobile Home Park res dential ~ ALLEN L.- ALLEN AVE 26&0 26&' Multi-family residential 265' ~ ~ 16/1-1 1660 ~ " " ~ 1656 71 11169 Existing Surrounding Uses Map Owner Robert Hupp and Allen McMullen Case: LUZ2003-DSQ04 Site: 3080 Allen Avenue 0.38 Land Use Zoning From: P P1 (County) o PIN: 28/28/16/00036/004/0120 28/28/16/00036/004/0060 To: R/OG Atlas Page: 212A View looking northeast from south side of site VICW looking northwest from south side of site View looking southeast from northwest corner of site View looking north from southeast comer of site View looking west from east side of site Hupp/McMullen LUZ2003-0S004 3080 Allen Avenue ORDINANCE NO. 7166-03 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 AT THE NORTHWEST CORNER OF THE ALLEN AVENUE/MCMULLEN BOOTH ROAD INTERSECTION, APPROXIMATELY 1,000 FEET SOUTH OF STATE ROAD 580, CONSISTING OF A PORTION OF LOTS 6 THROUGH 13, BLOCK 4, CONSISTING OF THREE PARCELS TOTALING 0.38 ACRES, TOGETHER WITH A PORTION OF THE 30.00-FOOT WIDE RIGHT-OF-WAY FOR ALLEN AVENUE, ACKER'S SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY ALONG CHARLES AVENUE, WHOSE POST OFFICE ADDRESS IS 3080 ALLEN AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAUOFFICE GENERAL (RlOG); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property See legal description attached hereto (LUZ2003-05004) Land Use Cateqorv Residential/Office General (R/OG) NOTE: This property is currently designated (P) "Preservation" in Pine lias County Land Use Plan. 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. 7160-03, and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7066-03 Leslie K. Douga -S des Assistant City Attorney LUZ2003-05004 SECTION 28 , TO'1't'NSHIP 28 SOUTH, RANGE 16 EAST PINElLAS COUNTY, flORIDA DESCRIP nON: WETLAND JURISDICTIONAL AREA A PORTION OF LOTS 6, 7, 8, 9, 10, 1" 12 AND 13, BLOCK 4, TOGETHER 'HITH A PORTION OF THE 30.00 FOOT 'HIDE RIGHT-OF-WA Y FOR ALLEN A VE:, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 30, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PAR TlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHWEST CORNER OF LOT B, BLOCK 4, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 30, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S 89'36'56" E, ALONG THE NORTH BOUNDARY OF SAID LOT 8, A DISTANCE OF 57.67 FEET,' THENCE S 68'49'16" ~ A DISTANCE OF 94.05 FEET TO THE POINT OF BEGINNING,' THENCE THE FOLLOWING TWENTY ONE (21) COURSES: THENCE 5 80'49'22" E, A DISTANCE OF 28.06 FEET; THENCE 5 29'51'24" E, A DISTANCE OF 21.06 FEET; THENCE 5 02'17'02" E, A DISTANCE OF 37.31 FEET; THENCE 5 22'45'56" E, A DISTANCE OF 21.35 FEET,' THENCE S 07'42'59" l-Y, A DISTANCE OF 23.99 FEET,' THENCE S 33'05'03" E, A DISTANCE OF 33.54 FEET; THENCE 5 86"21'06" E, A DISTANCE OF 29.69 FEET; THENCE S 02'17'12" rv. A DISTANCE OF 62.75 FEET; THENCE S 37'58'01" rv. A DISTANCE OF 29.07 FEET; THENCE N 86'30'27" ~ A DISTANCE OF 45.71 FEET; THENCE N 60"22'11" ~ A DISTANCE OF 22.98 FEET,' THENCE N 10"49'00" ~ A DISTANCE OF 40.18 FEET,' THENCE N 03'09'35" E, A DISTANCE OF 27.49 FEET,' THENCE N 24'33'08" ~ A DISTANCE OF 28.89 FEET; THENCE N 62"27'58" ~ A DISTANCE OF 17.66 FEET; THENCE N 26'57'38" ~ A DISTANCE OF 29.26 FEET; THENCE N 12'49'38" E, A DISTANCE OF 29.57 FEET; mENCE N 18'51'13" ~ A DISTANCE OF 18.64 FEET; mENCE N 22'19'30" E, A DISTANCE OF 19.54 FEET; THENCE N 44'18'44" E, A DISTANCE OF 15.80 FEET; mENCE N 85'34'07" E, A DISTANCE OF 21.36 FEET TO THE POINT OF BEGINNING. LESS THE RIGHT-OF-HAY OF ALLEN AVENUE CONTAINING 0.38 ACRES, MORE OR LESS. ~ ~ o o '9 ~ ..... 5 ~ :& RU i N L- ALLEN AVE :16'0 :J611 :J65:1 '" 8 166~ RH 166Q ~ '" " ~ 1M6 71 1669 Future Land Use Map Owner Robert Hupp and Allen McMullen Case: LUZ2003-05004 Site: 3080 Allen Avenue 0.38 Land Use Zoning PIN: 28/28/16/00036/004/0120 From: P P1 (County) 28/28116100036/004/0060 To: R/OG 0 A tlas Page: 212A ORDINANCE NO. 7168-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE ALLEN AVENUE/MCMULLEN BOOTH ROAD INTERSECTION, APPROXIMATELY 1,000 FEET SOUTH OF STATE ROAD 580, CONSISTING OF A PORTION OF LOTS 6 THROUGH 13, BLOCK 4, CONSISTING OF THREE PARCELS TOTALING 0.38 ACRES, TOGETHER WITH A PORTION OF THE 30.00-FOOT WIDE RIGHT-OF-WAY FOR ALLEN AVENUE, ACKER'S SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY ALONG CHARLES AVENUE, WHOSE POST OFFICE ADDRESS IS 3080 ALLEN AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS OFFICE (0); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property See legal description attached hereto (LUZ2003-05004 ) Zoninq District Office (0) NOTE: This property is currently zoned (P-1) "General Professional Office" by Pinellas County. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7160-03. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: " ~/ ';?" 1('" GO;/ /' /' /. I /./ V..... (-.. I ( ,\' ! ,I( t \ ",< X"f!' ;~ - ':' Leslie K. Dougall-Side~ Assistant City Attorney Cynthia E, Goudeau City Clerk Ordinance No, 7168-03 LUZ2003-0S004 SECTION 28 . TO\\'NSHIP 28 SOUlH. RANGE 16 EAST PfNELLAS COUNTY, FLORIDA DESCRIP770N: 'rYETLAND JURlSDICnONAL AREA A PORnON OF LOTS 6, 7. 8, 9, 10. 11, 12 AND 13, BLOCK 4, TOGETHER WTTH A POR770N OF THE 30.00 FOOT W7DE RIGHT-OF-WA Y FOR ALLEN A \IE, ACKER'S SUB-DI'v7SION, AS RECORDED IN PLA T BOOK 30, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PAR nCULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTH'lYEST CORNER OF LOT 8, BLOCK 4, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK JO, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,' THENCE S 89'36'56" E, ALONG THE NORTH BOUNDARY OF SAID LOT 8, A DISTANCE OF 57.67 FEET; THENCE S 68'49'16" /iY, A DISTANCE OF 94.05 FEET TO THE POINT OF BEGINNING,' THENCE THE FOLLO'MNG TWENTY ONE (21) COURSES: THENCE S 80'49'22" E:, A DISTANCE OF 28.06 FEET; THENCE S 29'51 '24" E, A DISTANCE OF 21.06 FEET; THENCE S 02'17'02" E, A DISTANCE OF 37.31 FEET; THENCE 5 22'45'56" E, A DISTANCE OF 21.35 FEET; THENCE 5 07'42'59" ~ A DISTANCr OF 23.99 FEET; THENCE 5 33'05'03" E, A DISTANCE OF 33.54 FEET; THENCE S 86'21'06" E, A DISTANCE OF 29.69 FEET; THENCE S 02'17'12" ~ A DISTANCE OF 62.75 FEET; THENCE S 37'58'01" l-Y, A DISTANCE OF 29.07 FEET; THENCE N 86'30'27" ~ A DISTANCE OF 45.71 FEET; THENCE N 60'22'11" ~ A DISTANCE OF 22.98 FEET; THENCE N 10'49'00" l-Y, A DISTANCE OF 40.18 FEET; THENCE N 03'09'35" E. A DISTANCE OF 27.49 FEET; THENCE N 24'33'08" ~ A DISTANCE OF 28.89 FEET,' THENCE N 62'27'58" l-Y, A DISTANCE OF 17.66 FEET; THENCE N 26'57'38" ~ A DISTANCE OF 29.26 FEET,' THENCE N 12'49'38" E, A DISTANCE OF 29.57 FEET; THENCE N 18"51'13" J.Y, A DISTANCE OF 18.64 FEET; THENCE N 22'19'30" E, A DISTANCE OF 19.54 FEET; THENCE N 44'18'44" E, A DISTANCE OF 15.80 FEET; THENCE N 85'34'07" E, A DISTANCE OF 21.36 FEET TO THE POINT OF BEGINNING. LESS THE RIGHT-OF-'''AY OF ALLEN AVENUE CONTAINING 0.38 ACRES, MORE OR LESS. , - ~ / J j j ~ ~ o o CO ~ I&J ..... S ~ :I R-6 R-3 0 LEN ALLEN AVE 267. 26.0 MHDR 2652 I!! ~ 266-4 2660 267" ~ ~ " 2656 Ho72 2669 Surrounding Zoning Map Owner Robert Hupp and Allen McMullen Case: LUZ2003-G5004 Site: 3080 Allen Avenue 0.38 Land Use Zoning PIN: 28/28/16/00036/004/0120 From: P P1 (County) 28/28/16/00036/004/0060 To: R/OG 0 A tics Page: 212A CDS ;....teeting Date: Case Number: Agenda Item: Julv 15.2003 ANX2003-050 I I G-I CITY OF CLEAR\VATER PLANNING DEPARTMENT ST AFF REPORT BACKGROUND INFORMATION O\VNERlAPPLICANT: Robert Hupp and Allen McMullen. REPRESENTATIVE: Bryan Zarlenga (Tampa Bay Engineering, Inc.) LOCA TION: 3080 AlIen A venue. REQUEST: (a) Annexation of I .95-acres to the City of Clearwater to be included as part of a pending land use and zoning case (LUZ2003-05004); (b) Land Use Plan amendment of 1.57 acres from the Residential/Office General (RiOG) (County) to Residential/Oflice General (R/GG) (City); and (c) Rezoning of 1.57 acres from the P-l,General Professional Office District (County) to the 0, Ollice District (City of Clearwater). SITE INFORMATION PROPERTY SIZE: 84,942 square teet or 1.95 acres DIMENSIONS OF SITE: 315 feet wide by 270 feet deep PROPERTY USE: Current Use: Proposed Use: Single-family dwelling Future mcdical officc PLAN CATEGORY: Current Category: Proposed Catcgory: Residential/Office General (R/OG) (County) (1.57 acres) and Prcservation (P) (County) (0.38 acres) Residcntinl/Office General (R/OG) (City) (1.57 acres) StalT Report - Community Dcvclopment Board - July 15. 2003 - Case :\NX200)-050 11 Page I ZONI~G DISTRICT: Currcnt District: Proposed District: (P-I), Gcncral Professional Officcs (County) (0), ()fIicc (City) EXISTING SURROUNDING USES: N ort h: South: East: \Vcst: Oflice \/lulti-l~unily residential \'Iohik l-h)J11l.~ Park Singlc-l:unily Rcsidential ANAL YSIS: This annexation involves a 1.95-acrc property consisting of live parcels, located on the northwest corncr of iv1cMullcn Booth Road and Allen ..\ venuc together with a portion of the JO-ll.)(lt right- of-way along Allen A venuc and the adjacent right-of-way along Charles A venue, The property is contiguous with the existing City boundaries to the nOl1h and south theref(Jre, the proposed annexation is consistcnt with Florida Statutes with rcgard to voluntary annexation. The applicant is requcsting this anncxation to rcccive sanitary sewer scrvice. Thc requircd impact fees will bc paid at the time building permits arc issued, as wdl as the cost to extcnd water and sewer service to thc property, It is proposed that 1.57 acres of the total site have a Future Land Use Plan dcsignation of Residential/Oftice Gcneral and a zoning category of Oftice District. A companion application to change the Future Land Usc Plan eatcgory of the rcmaining 0.38 aerc portion of this site l1'om Prcservation (P) to Residential/Office Gencral (R/OG), and to rezone it li'om P-I, General Profcssional Oftiees (County) to the 0, Office District is being processed concurrcntly with this annexation request in LUZ200J-05004 (see agenda item G-I). I. IMPACT ON CITY SERVICES: '''ater and Sewer The applicant rcccives watcr scrvicc from Pincllas County. Sewcr servicc will be provided by the City of Clearwater and capacity for the project is available for this utility. The closest sewer line is located in thc adjaccnt Allen Avcnuc right-of-way. The applicant is aware of the costs to extcnd service to this site, as well ns the applicable impact fees and utility deposits that must be paid at the timc building pennits arc issucd. Solid '" aste Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreemcnt with PinelIas County to provide II.)r the disposal of solid waste at the County's Resource RCCOVCIY Plant and capacity is available to serve the property, Starr Rt.'port - COl11l11unity D~n'll1pI11CI1t Bl1ard. July 15. ~OOJ .. l'as~ ,.\i\:X2110.\-050 II Page 2 ZONI;\G DISTRICT: CUITent District: Proposed District: (POOl). General Professi~)Jlal Oniccs (County) (0). Oftice (City) EXISTING SURROUNl)I~G LSES: NOI1h: South: East: \Vest: Oflice Multi-family rcsidential :vlohilc Ilome Park Singk-l:lI11ily Residential ANAL YSIS: This annexation involves a 1.95-acre propcrty consisting of live parcels. located on the northwest corner of Md\'lullen Booth Road and :\lIcn A venue together with a portion of thc 30-loot right- of-way along Allcn A \'cnuc and the adjaccnt right-or-way ahmg Charks A venue. The property is contiguous with the existing City boundaries to the north and south therell1l'l':, the proposed annexation is consistent with Florida Statutes with regard to \'oluntary anncxation. Thc applicant is requesting this annexation to receive sanitary sewer service. The required impact lees will be paid at the time building permits arc issucd. as well as the cnst to extcnd watcr and sewer service to the property. It is propl1sed that 1.57 acres of the total site have a Futurc Land Usc Plan designation of Residential/Onice General and a zoning category ofOnice District. A companion application to change the Future Land Use Plan category of the remaining 0.38 acre portion of this site from Preservation (P) to Residential/Onice General (R/OG), and to rezone it from pool. General Prolessional Onices (County) to the O. OniCl: District is being processed concurrently with this annexation request in LUZ200,3-0500-l (sec agenda itcm G-I). I. 1i\IPACT ON CITY SERVICES: \Vater and Sewer The applicant receives water service li'ol11 Pinellas County, Sewer service will he provided by the City of Clearwater and capacity flH' the project is available for this utility, The closest sewer line is located in the adjacent Allen A vcnue right-of-way. The applicant is aware l)f the eosts to extend service to this site. as well as the applicable impact lees and utility deposits that must be paid at the time building permits arc issued. Solid \V ~Iste Collection of solid waste will be provided hy the City of ('learwater. The City has an interlocal agreement with Pinellas County tll pro\'ide IlH' the disposal or solid waste at the County's Resource Rccovcry Plant and capacity is available to serve the property. Staff Rq"'lt . ('\lrlllll~llllt\.I)n~'I\'l'llh'lll H",lhl lllly 15. >"~ (';I~': \'\\211113-I.I"rJll Pdge ~ Police The property is located within the East Police Distrid and service \\'ill be administered through tht.: District ~ Substation located at 2~51 Mdvtullen BOl)th Road and COllnty Rl.)~l(.l 5~(). There are currently 56 patml orticers and 7 patrol sergeants a:,signed to this district. Community policing sen'ice will be provided through the City's wnt.: system and orticers in the tield. The Police Department has stated that it will be able to sen'e this property and thc annexation will not advcrsely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to the propcl1y by Station #50 located at 26X I Countryside Boulevard. The Firc Dcpartment will be able to servc this propcrty and the annexation will not adversely affect tire and EMS service and response timc. In summary, the proposed anncxation will not IHl\'e an ad\'crse effect on public t~lcilities and their levcl of service. II. CONSISTENCY \VITII CITY'S COi\IPREIIEl'\SIVE PLAN: \Section 4-604,F.I) The proposed annexation is consistent with promoting the following goal and objectives of the City of Clearwater Comprehcnsive Plan: 3.0 Goal - A sufticient variety and amount of future land use categories shall bc provided to accommodate public demand and promote inlill development. 2.4 Objective - Compact urban development within the urban servicc area shall be promoted through application of the Clearwater Community Development Code. 5.0 Goal - thc City shall not pennit dcvelopmcnt to occur unless an adequate level of service is availahle to accommodate thc impacts of development. Areas in which the impact of cxisting dcvelopment cxceed the desired levcls of service will bc upgraded consistent with thc target datcs for infrastnlcture improvcmcnts included in the applicable functional plan elemcnt. In summary, thc proposed anncxation is consistcnt with the City's Comprehcnsive Plan. Stall Rl'pnrt - COIllIllIlI1IlY Dcwloplllcl1t B(lard - .Iuly 15. ~()(lJ l'a,c :\NX2011.~-(l5\111 I'agl' -' III. CONSISTENCY OF DEVELOPME~T \\'1'1'11 COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: lSections 2-1 ()() I. I. & ...-60....1'.5.1 The site currently includes Residential/Office Gl:nl:ral (1.57 acres) and Preservation (.mx acres) Future Land Use Plan designations. This annexation request only designates 1.57 acres to the Residential/Office General c1assi tication, The entire 1.95 acre site is eurrently wned General Professional Oftiees in the County and this annexation request proposes to rezone only \.57 acres of the property to the Office District. The rl:maining O.JX acres is subject to the proposed rezoning and Future Land Use Plan amendment analyzed and discussed in the staff report 1'(\1' LUZ2003-0500-l (see agenda item G-I ). IV. CONSISTENCY \\'1'1'11 THE COUNTY\VIDE PLAN: The Future Land Use Plan of the site is Residential/Office General and Preservation (County) and will have a Land Use Classification of ResidentiallOftice General (City) with a maximum FAR 01'0.5. V. CONSISTENCY \\'1'1'1-1 PINELLAS COUNTY AND FLORIDA LA \\': Pursuant to Pinellas County Ordinance No, 00-63, the Pincllas Planning Council staff and Pinellas County staff have reviewed this annexation and determined it complies with all applicable ordinance criteria. Florida Statutes require that a proposed annexation be both contiguous with the existing municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site is contiguous with the existing City boundaries to the north and south and represcnts a logical and appropriate extension of the existing boundaries. The compactness standard of Florida law requires that the annexation docs not create an cnclave or a serpentine pattern of municipal boundaries. Thc annexation of this property is consistent with this standard with no new enclave being created, In summary. the annexation of this property is consistent with Florida law. VI. CODE ENFORCEMENT ANALYSIS: There arc no CUITent code enforcement violations or any code cntl)rCemcnt history on this site. Stair Rerl)r! - <. \\J11J11Unily f)en:Jl)pmenl Board July I:', 2003 Case :\NX2(l()J-O:'O II Page ..j III. CONSISTENCY OF DEVELOP;\IENT \\Tnl CO:\I:\IUNITY DEVELOPMENT CODE AND CITY REGULATIONS: ISections 2-lO0 I. I. & ~-60~.F.5.1 The site currently includes Residential/Office General (1.57 acres) and Preservation (.m~ acres) Future Land Use Plan designatil)ns. This annexation request only designates 1.57 acres tn the Residential/Oftice General c1assilication. The entire 1.95 acre site is currently zoned General Protessional Ortiees in the County and this annexation request proposes to rezone only 1.57 acres of the property to the Office District. The remaining O.3X acn:s is subject to the proposed rezoning and Futurc Land Use Plan amendmcnt analyzed and discussed in the staff report ti.)r LUZ2003-05004 (see agenda itcm G-I). IV. CONSISTENCY \"ITI-I THE COUNTY\VIDE PLAN: The Future Land Use Plan of the site is Residential,Office Gencral and Preservation (County) and will have a Land Use Classitication of Residential:Oftice Gcneral (City) with a maximum FAR of n.s. V. CONSISTENCY \VITI-I PINELLAS COUNTY AND FLORIDA LA \V: Pursuant to Pinellas County Ordinance No. 00-63. the Pindlas Planning Council staff and Pincllas County staff have rcvicwed this annexation and detennined it complies with all applicable ordinance criteria. Florida Statutes require that a proposed annexation be both contiguous with the existing municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site is contiguous with the existing City boundaries to the north and south and represents a logical and appropriate extension of the existing boundarics. The compactness standard of Florida law requires that the annexation docs not create an enclave or a serpentine pattern of municipal boundaries. The annexation of this property is cllnsistcl1t with this standard with no ncw cnclave being created. In summary, the annexation of this property is consistent with Florida law. VI. CODE ENFORCEMENT ANALYSIS: Therc arc no current code enli.)I"Ccmcnt violations or any code enforccment history on this sitc. Slalf I{C!1'lJ"{ - (\lllllllllllil\' I kn'lpplIll'1l1 Bnanl July I:', ~ll(l, Cl.~e: :\N\~dll_'-()~() II I' age: .4 SUi\ll\1ARY AND RECOMMENDATIONS: The proposed annexation can be served by City of Clearwater services, including sewer, solid waste, police, tire and emergency medical services without any adverse effect on the service level. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the abovc analysis. the Planning Departmcnt recommends APPROY AL of thc following actions on the request: I. Annexation of 1.95-acres to the City of Clearwater to be included as part of a pending land use and zoning case (LUZ2003-05004); 2. Land Use Plan amcndment of 1.57 acres from the RlOG, Residential/Office General (County) to RIOG, Residential/Office General (City); and 3. Rezoning of 1.57 acres from the P-I, General Professional Office District (County) to the 0, Ofticc District (City of Clearwater). Prepared by Planning Department Staff: ......' Mark T. Parry, Planner Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site PhotohTfaphs S:ll'llIlIlIillg /)l'flllrll/ll'lI1\C /) /J'vlllm'.m/ioIlJ!ANX. !003l./N.\'!()03.05t11111111'1' .\/(',\//1/11'11 311M! ..rl/('I/ ../I','/11II'UN.\'2t103.05(/11 Jt,~(r /"I'pond",' StalrRI:!1ort - Community Development Board .. July 15.2003 . l'iI~C ANX2tl03-050 II Pag.e 5 ~ "/~ ;i ~~.... ~n ~ I ~~W III / F ~\~' ~ ,-....::: ~ \- ~ ~ ' ~ ~ t-,I....U ~ f-. ~"/ '\.. ~ 'i-J r7-.:::. t /' ..ciTiT b % I If- /, ~r...rrtt I r:r; [ I' f\""h<. j IrnCTlrTlcn ~J .IIIIII/i r:J" ' T I~~I I1I1 r ' 'j ~ 1i~8Y-- ~ : : ~ Cr~~ ! I 3 ~ ~ ~ I \JlI7 Emil EffiE 5 ~ I '\I " r - ; ~f7 L / PROJECT lr :~II' SITE JW / ~ 11111l,\'r fJ //) 'V ~ // - t= ~ TT I I'~m ~~\f~ \=r-.i2 IT0, t>s .~ '--UJ .,).. 'f k Till II l\ HE := rn 11"\- rK~ t: ffi~ rtrrr n: T f-/ m l\ r rTr"' ---\. '( .-J' ~ I ~. l.~ IL~ :LJ I: I I -- _ fl.' Ir. 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I::f= - H I 1/1 EHB L I '-- --'I IV I I I ) ./ "-..V -../ / \.1 i'- I 1 I I Location Map Owner Robert Hupp and Allen McMullen Site: 3080 Allen A venue Land Use Zoning From: R/OG and P PI (County) To: R/OG 0 Case: ANX2003-G5011 Property Size (Acres): R-O-W Size lAcres): 1.95 0.48 28/28/16/00036/004/0150 28/28/16/00036/004/0120 28/28/16/00036/004/0040 28/28/16/00036/004/0050 28/28/16/00036/004/0060 28/28/16/00036/004/0080 212A PIN: Atlas Page: Aerial Photograph Owner Robert Hupp and Allen McMullen Case: ANX2003-Q50 11 Site: 3080 Allen Avenue Property Size (Acres): 1.95 R-O-W Size (Acres): 0.48 Land Use Zoning 28/28/16/00036/004/0150 28/28/16/00036/004/0120 PIN: 28/28/16/00036/004/0040 From: R/OG and P P1 (County) 28/28/16/00036/004/0050 28/28/16/00036/004/0060 To: R/OG 0 28/28/16/00036/004/0080 A tIcs Paae: 212A '\ \ ,>....... J / i i ce Mobile Home Park o 18 '" ALLEN ALLEN AVE 1671 1610 Multi-family residential 1651 ~ ~ 166~ 1660 614 ~ " 8 " 16M 1671 1669 Owner Existing Surrounding Uses Map I Robert Hupp and Allen McMullen Case: ANX2003-o5011 1.95 0.48 28/28/16/00036/004/0150 28/28/16/00036/004/0120 28/28/16/00036/004/0040 28/28/16/00036/004/0050 28/28/16/00036/004/0060 28/28/16/00036/004/0080 212A Site: 3080 Allen Avenue Property Size IAcres): R-O-W Size (Acres): Land Use Zoning PIN: From: R/OG and P P1 (County) o To: R/CX3 A tlas Page: View looking wcst from cast side of site View looking northeast from south side of site VIeW looking northwest from south side of site Vicw looking southcast from northwcst comer of sitc View looking north from southeast comcr of site View looking west from east side of site Hupp/McMullen ANX2003-05011 3080 Allen Avenue ORDINANCE NO. 7160-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE ALLEN AVENUE/MCMULLEN BOOTH ROAD INTERSECTION, APPROXIMATELY 1,000 FEET SOUTH OF STATE ROAD 580, CONSISTING FIVE PARCELS TOGETHER WITH A PORTION OF THE 30-FOOT RIGHT-OF- WAY ALONG ALLEN AVENUE TOTALING 1.95 ACRES CONSISTING OF LOTS 4 THROUGH 7, TOGETHER WITH LOTS 12 THROUGH 15, BLOCK 4, ACKER'S SUBDIVISION AND THE WEST 75 FEET OF LOTS 9, 10, AND 11, TOGETHER WITH A PORTION OF THE WEST 75 FEET OF LOT 8, BLOCK 4, ACKER'S SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY ALONG CHARLES AVENUE, WHOSE POST OFFICE ADDRESS IS 3080 ALLEN AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See legal description attached hereto. (ANX2003-05011 ) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL Ordinance No. 7160-03 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. 7160-03 DESCRIPTION: LOTS 4 THROUGH 7, TOG~THER WITH LOTS 72 THROUGH 75, BL OCK 4, ACKER'S SUB-Df VISION, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 30, PAGE 9 7, OF TH~ PUBL I C RECORDS OF PINEL LAS COUNTY, FL OR I DA ; TOGETHER WITH: THE WEST 75 FEET OF LOTS 9, 70 AND 77, TOGETHER WITH A PORTION OF THE WEST 75 F~ET OF LOT 8, BLOCK 4, ACKER'S SUB-DIVISION, ACCORDING TO PLAT THEREOF, AS RECORO~D IN PLAT BOOK 30, PAGE 91 OF THE PUBLIC RECORDS OF PINEL LAS COUNTY, FLORIDA, IN SECTION 28, TOWNSHIP 28 SOUTH, RANGE 76 EAST, PINELLAS COUNTY, SAID PARCEL BEINe DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 4, RUN SOUTH 89 DEGREES 37'09" EAST ALONG THE SOUTH LINE OF SAID BLOCK 4, FOR A DISTANCE OF 676.65 FEET TO THE SOUTHWEST CORNER OF SAID LOT 17, FOR POINT OF BEGINNING,. THENCE NORTH 00 DEGREES 17'43" EAST ALONG THE HEST LINE OF SAID LOTS 71, 70, 9 AND 8 FOR A DISTANCE OF 240,00 FEET TO THE NORTHWEST CORNER OF SAID LOT 8,' THENCE SOUTH 89 DEGREES 37'09" EAST, ALONG THE NORTH L ENE OF SAID LOT 8, FOR A DISTANCE OF 57.67 FEET,' THENCE SOUTH 30 DEGREES 40 '22" EAST FOR A DISTANCE OF 33.67 FEET TO A POINT OF INTERSECTION WITI-/ THE EAST LINE OF THE WEST 75 FEET OF SAID LOT 8; THENCE SOUTH 00 DEGREES 77' 43" WEST ALONG THE EAST LINE OF SA ED WEST 75 FEET OF LOTS 8, 9, 10 AND 17, FOR A DISTANCE OF 211.15 FEET TO A POINT OF INTERSECTfON WITH THE SOUTH LINE OF SAID LOT 77; THENCE NORTH 89 DEGREES 27'09" W~ST ALONG SAID SOUTH LINE FOR A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING, TOGETHER WI TH: A PORTION OF THE 30 FOOT WIDE RIGHT-OF-WAY FOR ALLEN AVENUE, AS SHOWN ON THE PLAT OF ACKER'S SUB-DIVISION, AS RECORDED IN PLAT BOOK 30, PAGE 91 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARL Y D~SCRI8ED AS FOLLOWS .- BEGIN AT THE SOUTHWEST CORNER OF LOT 15, BLOCK 4, SAID PLAT OF ACKER'S SUB-DIVISION, THENCE THE FOLLOWING FOUR (4) COURSES: 1) S 89037'27"E, ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF ALLEN AVENUE, 315.20. FEET,' 2) S 00017'43" W, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF McMULLEN BOOTH ROAD, (AS NOW EXISTING), 30.00 FEET; (3) N 89037'27" W ALONG THE EAST-WEST CENT~RL!l/E OF SECTION 2B, TOI.1,INSHIP 28 SOUTH, RANGE 76 EAST, PINELLAS COUNTY, FLORIDA, 3/5.23 FEET,- (4) N 00"20'41" E, ALONG THE SOUTHERLY PROJECTION OF TH~ WEST BOUNDARY OF SAID LOT 75, 30.00 FEET TO THE POINT OF BEGINNING. . . ~ J J i i ~'ba t::J~ i ~ ., ALLEN ALLEN AVE 1671 16&0 16&1 1651 ~ ~ 1664 1660 1614 ~ ~ 16~6 1671 1669 Proposed Annexation Map Owner Robert Hupp and Allen McMullen Site: 3080 Allen A venue land Use Zoning From: R/OG and P P1 (County) To: R/OG 0 Case: ANX2oo3-D5011 Property Size (Acres): R-O-W Size (Acres): 1.95 0.48 28/28/16/00036/004/0150 28/28/16/00036/004/0120 28/28/16/00036/004/0040 28/28/16/00036/004/0050 28/28/16/00036/004/0060 28/28/16/00036/004/0080 212A PIN: A tlas Page: ORDINANCE NO. 7161-03 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 AT THE NORTHWEST CORNER OF THE ALLEN AVENUE/MCMULLEN BOOTH ROAD INTERSECTION, APPROXIMATELY 1,000 FEET SOUTH OF STATE ROAD 580, CONSISTING OF FIVE PARCELS TOGETHER WITH A PORTION OF THE 30-FOOT RIGHT-OF- WAY ALONG ALLEN AVENUE TOTALING 1.57 ACRES, CONSISTING OF LOTS 4 THROUGH 7, TOGETHER WITH LOTS 12 THROUGH 15, BLOCK 4, ACKER'S SUBDIVISION AND THE WEST 75 FEET OF LOTS 9, 10, AND 11, TOGETHER WITH A PORTION OF THE WEST 75 FEET OF LOT 8, BLOCK 4, ACKER'S SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY ALONG CHARLES AVENUE, MINUS A PORTION OF LOTS 6 THROUGH 13, BLOCK 4, ACKER'S SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 3080 ALLEN AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAUOFFICE GENERAL (R/OG); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan: now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property See legal description attached hereto (ANX2003-05011 ) Land Use Cateqorv Residential/Office General (R/OG) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7160-03, and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. PASSED ON FIRST READING Ordinance No. 7161-03 PASSED ON SECOND AND FINAL READI NG AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: \~~( k'....'...- '(.'. . ,. ,".. / . /" \. ,,~. . '. '. . ~/. ,."... . 1 ;-. I ,I 1 I .....'" , . a .' ,,/ . . y(.~ Leslie K. Dougall-Si es) Assistant City Attorney . Cynthia E. Goudeau City Clerk 2 Ordinance No. 7161-03 DESCRIPTION: LOTS 4 THROUGH 7, TOGETHER WITH LOTS 72 THROUGH 15, BLOCK 4, ACKER'S SUB-DIVISION, ACCORDINe TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 30, PAGE 9 1, OF THE PUBL I C RECORDS OF PINEL LAS COUNTY, FL OR I DA ; TOGETHER WITH: THE WEST 75 FEET OF LOTS 9, 70 AND 77, TOGETHER WITH A PORTION OF THE WEST 75 FEET OF LOT 8, BLOCK 4, ACKER'S SUB-DIVISION, ACCORDING TO PLAT THEREOF, AS RECORDED IN PLAT BOOK 30, PAGE 97 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, IN SECTION 28, TOWNSHIP 28 SOUTH, RANGE 16 EAST. PINELLAS COUNTY, SAID PARCEL BEiNG DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 4, RUN SOUTH 89 DEeREES 37'09" EAST ALONG THE SOUTH LINE OF SAID BLOCK 4, FOR A DISTANCE OF 676.65 FEET TO THE SOUTHWEST CORNER OF SAID LOT ", FOR POINT OF BEGINNING,. THENCE NORTH 00 DEGREES 17'43" EAST ALONG THE ~ST LINE OF SAID LOTS 11, 10, 9 AND 8 FOR A DISTANCE OF 240.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 8,' THENCE SOUTH 89 DEGREES 37'09" EAST, ALONG THE NORTH LINE OF SAID LOT 8, FOR A DISTANCE OF 57.67 FEET,. THENCE SOUTH 30 DEGREES 40 '22" EAST FOR A DISTANCE OF 33.67 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE WEST 75 FEET OF SAID LOT 8,' THENCE SOUTH 00 DEGREES 17'43" WEST ALONG THE EAST LINE OF SAID WEST 75 FEET OF LOTS 8, 9, 10 AND 71, FOR A DISTANCE OF 217.15 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID LOT 11.. THENCE NORTH 89 DEGREES 27'09" WEST ALONG SAID SOUTH LINE FOR A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: A PORTION OF THE 30 FOOT WIDE RIGHT-OF-WAY FOR ALLEN AVENUE, AS SHOWN ON THE PLAT OF ACKER'S SUB-DIVISION, AS RECORDED IN PLAT BOOK 30, PAGE 91 OF THE PUBLIC RECORDS OF PI NELLAS COUNTY, FLOR J DA, BE I NG MORE PAR T I CULA l?L Y DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 15, BLOCK 4, SAID PLAT OF ACKER'S SUB-DIViSION, THENCE THE FOLLOWING FOUR (4) COURSES: 7) S 89 "37'27"E, ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF ALLEN AVENUE, 315.20. FEET; 2) S 00"17'43" W, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF McMULLEN BOOTH ROAD, (AS NOW EXISTING), 30.00 FEET,. (3) N 89037'27" W ALONG THE EAST-WEST CENTF:RL INF: OF SECTION 28, TOt'/NSHfP 28 SOUTH, RANGE 76 EAST, PINELLAS COUNTY, FLOR IDA, 315.23 FEET,' (4) N 00 "'20' 4 7 II E, ALONG THE SOUTHERL Y PROJECT ION OF THE WEST BOUNDARY OF SAID LOT 15, 30.00 FEET TO THE POINT OF BEGINNING. ANX2003-05011 SECTION 28 , TO'l\'NSHIP 28 SOUTH, RANGE 16 EAST PINELLAS COUNTY, FLORIDA LESS THE FOLLOWING: DESCRIP 770N: WETLAND JURlSDIC770NAL AREA A POR770N OF LOTS 6, 7, 8, 9, 10, 11, 12 AND 13, BLOCK 4, TOGETHER WITH A POR770N OF THE 30.00 FOOT W7DE RIGHT-OF-WA Y FOR ALLEN A VE, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 30, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PAR 77CULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHW'EST CORNER OF LOT 8, BLOCK 4, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 30, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,. THENCE S 8936'56" E, ALONG THE NORm BOUNDARY OF SAID LOT 8, A DISTANCE OF 57.67 FEET; THENCE S 68'49'16" J.f, A DISTANCE OF 94.05 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING TWENTY ONE (21) COURSES: THENCE S 80"49'22" E, A DISTANCE OF 28.06 FEET; THENCE S 29"51'24" E, A DISTANCE OF 21.06 FEET; THENCE S 02'17'02" E, A DISTANCE OF 37.31 FEET; THENCE 5 22'45'56" E, A DISTANCE OF 21.35 FEET; THENCE S 07"42'59" J.Y, A DISTANCE OF 23.99 FEET,. THENCE S 33"05'03" E, A DISTANCE OF 33.54 FEET; THENCE S 86:21'06" E, A DISTANCE OF 29.69 FEET,. THENCE S 02'17'12" lrV, A DISTANCE OF 62.75 FEET,. THENCE S 37"58'01" lrV, A DISTANCE OF 29.07 FEET,. THENCE N 86'30'27" J.f, A DISTANCE OF 45.71 FEET,. THENCE N 60:22'11" lrV, A DISTANCE OF 22.98 FEET; THENCE N 10'49'00" lrV, A DISTANCE OF 40.18 FEET; THENCE N 03"09'35" E, A DISTANCE OF 27.49 FEET; THENCE N 24"33'08" J.Y, A DISTANCE OF 28.89 FEET; THENCE N 62:27'58" J.Y, A DISTANCE OF 17.66 FEET; THENCE N 26'57'38" J.Y, A DISTANCE OF 29.26 FEET; THENCE N 12"49'38" E, A DISTANCE OF 29.57 FEET; THENCE N 18"51'13" If, A DISTANCE OF 18.64 FEET; THENCE N 22'19'30" E, A DISTANCE OF 19.54 FEET; THENCE N 44'18'44" E, A DISTANCE OF 15.80 FEET; THENCE N 85"34 '07" E, A DISTANCE OF 21.36 FEET TO THE POINT OF BEGINNING. LESS THE RIGHT-OF-\.JAY OF ALLEN AVENUE CONTAINING 0.38 ACRES, MORE OR LESS. ANX2003-0S011 SECTION 28 , TOWNSHIP 28 SOU1rI, RANGE 16 EAST PINELLAS COUNTY. flORIDA LESS THE FOLLOWING: DESCRIP nON: 'rYETLAND JURISDICTIONAL AREA A PORTION OF LOTS 6, 7, 8, 9, 10, 1" 12 AND 73, BLOCK 4, TOGEmER WITH A PORTION OF THE 30.00 FOOT WIDE R1GHT-OF-WA Y FOR ALLEN A VE, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 30, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE NORmWCST CORNER OF LOT 8, BLOCK 4, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 30, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,. THENCE S 89'36'56" E, ALONG THE NORTH BOUNDARY OF SAID LOT 8, A DISTANCE OF 57.67 FEET; THENCE S 68'49'16" J.f, A DISTANCE OF 94.05 FEET TO THE POINT OF BEGINNING,. mENCE THE FOLLO'MNG TWENTY ONE (21) COURSES: THENCE S 80'49'22" E, A DISTANCE OF 28.06 FEET; THENCE 5 29'51'24" E, A DISTANCE OF 21.06 FEET; THENCE 5 02'17'02" E, A DISTANCE OF 37.31 FEET; THENCE 5 22'45'56" E, A DISTANCE OF 21.35 FEET; THENCE 5 07'42'59" ~ A DISTANCE OF 23.99 FEET; THENCE S 33'05'03" E, A DISTANCE OF 33.54 FEET; THENCE 5 86"21'06" E, A DISTANCE OF 29.69 FEET; THENCE S 02'17'12" ~ A DISTANCE OF 62.75 FEET,. THENCE S 37'58'01" "y. A DISTANCE OF 29.07 FEET; THENCE N 86'30'27" ~ A DISTANCE OF 45.71 FEET,. THENCE N 60'22'11. J.f, A DISTANCE OF 22.98 FEET; THENCE N 10'49'00" J.f, A DISTANCE OF 40.18 FEET; THENCE N 03'09'35" E, A DISTANCE OF 27.49 FEET; THENCE N 24:33'08" ~ A DISTANCE OF 28.89 FEET,. THENCE N 62'27'58" "y. A DISTANCE OF 17.66 FEET; THENCE N 26'57'38" IV, A DISTANCE OF 29.26 FEET; THENCE N 12'49'38" E, A DISTANCE OF 29.57 FEET; THENCE N 18'51'13" If, A DISTANCE OF 18.64 FEET; THENCE N 22'19'30" E, A DISTANCE OF 19.54 FEET; THENCE N 44'18'44" E, A DISTANCE OF 15.80 FEET; THENCE N 85'34'07" E, A DISTANCE OF 21.36 FEET TO THE POINT OF BEGINNING. LESS THE RIGHT-OF-\"AY OF ALLEN AVENUE CONTAINING 0.38 ACRES, MORE OR LESS. . A FANS 1.1', 'I ~ 16&0 16.' 1M1 ~ ~ 16RH 1660 74 ~ ~ " 1656 1671 Owner Future Land Use Plan Map I Property Size (Acres): I R-O-W Size (Acres): Robert Hupp and Allen McMullen Case: Site: 3080 Allen Avenue Land Use Zoning PIN: From: R/OG and P P1 (County) To: R/OG 0 A tlas Page: . ALLEN AVE 1669 ANX2003-Q50 11 1.57 0.48 28/28/16/00036/004/0150 28/28/16/00036/004/0120 28/28/16/00036/004/0040 28/28/16/00036/004/0050 28/28/16/00036/004/0060 28/28/16/00036/004/0080 212A ORDINANCE NO. 7162-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE ALLEN AVENUE/MCMULLEN BOOTH ROAD INTERSECTION, APPROXIMATELY 1,000 FEET SOUTH OF STATE ROAD 580, CONSISTING OF FIVE PARCELS TOGETHER WITH A PORTION OF THE 30-FOOT RIGHT-OF- WAY ALONG ALLEN AVENUE TOTALING 1.57 ACRES, CONSISTING OF LOTS 4 THROUGH 7, TOGETHER WITH LOTS 12 THROUGH 15, BLOCK 4, ACKER'S SUBDIVISION AND THE WEST 75 FEET OF LOTS 9, 10, AND 11, TOGETHER WITH A PORTION OF THE WEST 75 FEET OF LOT 8, BLOCK 4, ACKER'S SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY ALONG CHARLES AVENUE, MINUS A PORTION OF LOTS 6 THROUGH 13, BLOCK 4, ACKER'S SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 3080 ALLEN AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS OFFICE (0); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property See legal description attached hereto ANX2003-05011 ) ZoninQ District Office (0) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption. contingent upon and subject to the adoption of Ordinance No. 7160-03. PASSED ON FIRST READING Ordinance No. 7162-03 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner . . I Attest: .:. Cynthia E. Goudeau City Clerk 2 Ordinance No. 7162-03 DEseR I PT ION: LOTS 4 THROUGH 7, TOGETHER VI I TH LOTS 72 THROUGH 75, BL OCK 4, ACKER'S SUB-D I V / S ION, ACCORD I NG TO THE PLA T THEREOF AS RECORDED / N PLA T BOOK 30, PAGE 97, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; TOGETHER WI TH: THE WE"ST 75 FEET OF LOTS 9, 10 AND 71, TOGETHER WITH A PORTION OF THE WEST 75 FEET OF LOT 8, BLOCK 4, ACKER'S SUB-DIVISION, ACCORDING TO PLAT THEREOF, AS RECORDED IN PLAT BOOK 30, PAGE 91 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, IN SECTION 28, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, SAID PARCEL BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHilEST CORNER OF SAID BLOCK 4, RUN SOUTH 89 DEGREES 37'09" EAST ALONG THE SOUTH LINE OF SAID BLOCK 4, FOR A DISTANCE OF 616.65 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1" FOR POINT OF BEGINNING,. THENCE NORTH 00 DEGREES 17'43" EAST ALONG THE UEST LINE OF SAID LOTS 17, 10, 9 AND 8 FOR A DISTANCE OF 240.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 8,' THENCE SOUTH 89 DEGREES 37'09" EAST. ALONG THE NORTH LINE OF SAID LOT 8, FOR A DISTANCE OF 57.67 FEET; THENCE SOUTH 30 DEGREES 40 '22" EAST FOR A DISTANCE OF 33.67 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE WEST 75 FEET OF SAID LOT 8,' THENCE SOUTH 00 DEGREES 77'43" WEST ALONG THE EAST LINE OF SAID WEST 75 FEET OF LOTS 8, 9, 10 AND 1" FOR A DISTANCE OF 211. 15 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID LOT 11,' THENCE NORTH 89 DEGREES 27'09" WEST ALONG SAID SOUTH LINE FOR A DISTANCE OF" 75.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: A PORTION OF THE 30 FOOT WIDE RIGHT-OF-WAY FOR ALLEN AVENUE, AS SHOWN ON THE PLA T OF ACKER'S SUB-D I V I S ION, AS RECORDED IN PLA T BOOK 30, PAGE 91 OF THE PUBL I C RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCR/BED AS FOLL OWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 15, BLOCK 4, SAID PLAT OF ACKER'S SUB-DIVISION, THENCE THE FOLLOWING FOUR (4) COURSES: 1) S 89"37'27"E, ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF ALLEN AVENUE, 375.20. FEET; 2) S 00"17'43" W, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF McMULLEN BOOTH ROAD, (AS NOW EXISTING), 30.00 FEET,. (3) N 89037'27" W ALONG THE EAST-WEST CENTERLINE OF SECTION 23: TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, 3/5.23 FEEr; (4) N 00Q20'47" E, ALONG THE SOUTHERLY PROJECTION OF THE WEST BOUNDARY OF SAID LOT 15, 30.00 FEET TO THE POINT OF BEGINNING. SECTION 28 , TO\\NSHIP 28 SOUTH, RANGE 16 EAST PINELLAS COUNTY, FlORIDA ANX2003-05011 LESS THE FOLLOWI~G: DESCRIP nON: WETLAND JURISDlcnONAL AREA A PORTlON OF LOTS 6, 7, 8, 9, 10, 11, 12 AND 13, BLOCK 4, TOGETHER WITH A PORnON OF THE 30.00 FOOT 'NlDE RIGHT-OF-WA Y FOR ALLEN A VE, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 30, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PAR TlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHWEST CORNER OF LOT 8, BLOCK 4, ACKER'S SUB-DIVISION. AS RECORDED IN PLA T BOOK 30, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S 89"36'56" E. ALONG THE NORTH BOUNDARY OF SAID LOT 8, A DISTANCE OF 57.67 FEET; THENCE S 68"49'16" ~ A DISTANCE OF 94.05 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING TWENTY ONE (21) COURSES: THENCE S 80"49'22" E. A DISTANCE OF 28.06 FEET; THENCE S 29 "51 '24 n E, A DISTANCE OF 21.06 FEET; THENCE S 02"17'02" E, A DISTANCE OF 37.31 FEET; THENCE S 22"45'56" E. A DISTANCE OF 21.35 FEET,' THENCE S 07"42'59" ~ A DISTANCE OF 23.99 FEET,' THENCE S 33"05'03" E. A DISTANCE OF 33.54 FEET,. THENCE S 86"21 '06" E, A DISTANCE OF 29.69 FEET,. THENCE S 02"17'12" ~ A DISTANCE OF 62.75 FEET,. THENCE S 37"58'01" ~ A DISTANCE OF 29.07 FEET,. THENCE N 86"30'27" I-Y, A DISTANCE OF 45.71 FEET,. THENCE N 60:22'11. ~ A DISTANCE OF 22.98 FEET,. THENCE N 10"49'00" ~ A DISTANCE OF 40.18 FEET,. THENCE N 03"09'35" E, A DISTANCE OF 27.49 FEET,. THENCE N 24 "33'08" I-Y, A DISTANCE OF 28.89 FEET,. THENCE N 62:27'58" ~ A DISTANCE OF 17.66 FEET; THENCE N 26"57'38" ~ A DISTANCE OF 29.26 FEET,. THENCE N 12"49'38" E, A DISTANCE OF 29.57 FEET,' THENCE N 18"51'13" I-Y, A DISTANCE OF 18.64 FEET; THENCE N 22"19'30" E, A DISTANCE OF 19.54 FEET,. THENCE N 44"18'44" E, A DISTANCE OF 15.80 FEET; THENCE N 85-34'07" E, A DISTANCE OF 21.36 FEET TO THE POINT OF BEGINNING. I.ESS THE RIGHT-OF-\.JAY OF ALLEN AVENUE CONTAINING 0.38 ACRES, MORE OR LESS. SECTION 28 , TOWNSHIP 28 SOUTH, RANGE 16 EAST PINELLAS COUNTY, FLORIDA ANX2003-0S011 LESS THE FOLLOWiNG: DESCRIP TlON: WETLAND JURISDICTlONAL AREA A PORTION OF LOTS 6, 7, 8, 9, 10, 11, 12 AND 13, BLOCK 4, TOGETHER WITH A PORTlON OF THE 30.00 FOOT WIDE RIGHT-OF-WA Y FOR ALLEN A VE, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 30, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHWEST CORNER OF LOT 8, BLOCK 4, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 30, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S 89'36'56" E, ALONG THE NORTH BOUNDARY OF SAID LOT 8, A DISTANCE OF 57.67 FEET,. THENCE S 68'49'16" ~ A DISTANCE OF 94.05 FEET TO THE POINT OF BEGINNING,. THENCE THE FOLLOWING TWENTY ONE (21) COURSES: THENCE S 80'49'22" E, A DISTANCE OF 28.06 FEET; THENCE S 29'51'24" E, A DISTANCE OF 21.06 FEET; THENCE S 02'17'02" E, A DISTANCE OF 37..31 FEET; THENCE S 22'45'56" E, A DISTANCE OF 21.35 FEET,- THENCE S 07"42'59" ~ A DISTANCE OF 23.99 FEET,' THENCE S .33'05'03" E, A DISTANCE OF 33.54 FEET; THENCE S 86"21 '06" E, A DISTANCE OF 29.69 FEET,- THENCE S 0277'12" ~ A DISTANCE OF 62.75 FEET,. THENCE S 37"58'01" ~ A DISTANCE OF 29.07 FEET,' THENCE N 86'30'27" ~ A DISTANCE OF 45.71 FEET; THENCE N 60'22'11" ~ A DISTANCE OF 22.98 FEET,. THENCE N 10'49'00" ~ A DISTANCE OF 40.18 FEET,. THENCE N 03'09'35" E, A DISTANCE OF 27.49 FEET; THENCE N 24'33'08" ~ A DISTANCE OF 28.89 FEET,' THENCE N 62"27'58" ~ A DISTANCE OF 17.66 FEET,. THENCE N 26'57'38" ~ A DISTANCE OF 29.26 FEET,' THENCE N 12'49'38" E, A DISTANCE OF 29.57 FEET; THENCE N 18'51'13" ~ A DISTANCE OF 18.64 FEET; THENCE N 22'19'30" E, A DISTANCE OF 19.54 FEET; THENCE N 44'18'44" E, A DISTANCE OF 15.80 FEET; THENCE N 85'34 '07" E, A DISTANCE OF 21.36 FEET TO THE POINT OF BEGINNING. LESS THE RIGHT-OF-WAY OF ALLEN AVENUE CONTAINING 0.38 ACRES, MORE OR LESS. . . A J. J ; '; I R-6 ................ ,... . \ . . . ~ ALLEN AVE 16a0 n 1611 1~1 ~ ~ MHDR 1660 266<4 1~ ~ ~ " 1656 1671 2669 Zoning Map Owner Robert Hupp and Allen McMullen Site: 3080 Allen Avenue Land Use Zoning From: R/OG and P P1 (County I To: R/OG 0 ANX2003-Q5011 Case: Property Size (Acres): R-O-W Size (Acres): 1.57 0,48 28/28/16/00036/004/0150 28/28/16/00036/004/0120 28/28/16/00036/004/0040 28/28/16/00036/004/0050 28/28/16/00036/004/0060 28/28/16/00036/004/0080 212A PIN: Atlas Page: . ITEM # 1Z- I,~ Second Reading 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 WHEREhS, 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 X 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 01 CI 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 89028' 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 X 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 August 7, 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7164-03 EXHIBIT "A" Scale J 11 = JODI This is not a survey III 4086-218 7 ~ ~~~ . I c 0 o 0 (f) I"") ~8-= I I I I I I 41/04 " HARN BLVD. r----,I I I I II ' I I I : :/ , I : :1 I I , 'I I , I I , 'I I I I I , 'I I , -------, :: I 'II I, " 5 __ c_1_g Dr. & Utili Eas~, _ I son_. Ease_. 16 292 ~L__1687-2761.---:..::.:1 14' -vacation.s Requested - ~ t:::a- - L 5' ~;02~9~~-:-EQSe~ - - -i- By Applicant L3 ~ I I ~O~\) ~ ~z=,cz 41 /01 I ~\) ~ :::> N I ~~~ 1 oll ~ ~ i -(\~~ 0 2 I CO u ~ 48' Non-exclusive Ease. for Ingr.-Egr.. Util.. Etc. 5783-1035 I I I I I I I I (J) ~ . >- 3: :c I I I I I I LL T, I I I I I I I I I I . (f) . :J CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING KB HOMES OF TAMPA. LLC VA~~~-09 VACA TION REQUEST """ SANITARY SE....~R EASEMENT 2 or 5 QAt( !ttt-~o.fttQ 07/07/2003 DRAIN. & UTlL. EASEMENT 19-29S-16E LOT I, BRADFORD COURT 41 Dl.... 't' D.KING OC~.'f S.D. 3178 "."....a 7164-03 I ~) Second Reading 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 THEREOF; 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-of-way is not necessary for municipal use and it is deemed to be in 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: Penmar Drive right-of-way from the easterly right-of-way line of Bayview Avenue to the easterly terminus of Penmar Drive right-af-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 af Clearwater hereby retains a drainage and utility easement over the described property for the installation and maintenance of any and all public utilities thereon. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING August 7, 2003 Ordinance No. 7165-03 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: ~ I. /. / ,./ -) .~ .// )L <<t'(/J / J:..~;J~ '.." Br)ia;(O. Ruff...'/ \j / Assia'ant City Attorney / / Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7165-03 THAT PART OF PENMAR DRIVE LYING SOUTHEASTERLY OF LOT J, BLOCK 7 OF J.P. MCMULLEN'S SUBDIVSION OF BAYVIEW ACCORDINT TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 6. PAGE 23 OF THE PUBLIC RECORDS Of PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS fOLLOWS I fROM 1HE NORTHWESTERLY CORNER OF TRACT "C" OF MYRON A. SMITH'S BAYVIEW SUBDIVISION, ACCORDING TO THE 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; THENCE CONTINUE S. 21 DEGREES 06' 48" E., 49.58 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID PENI.1AR DRIVE; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, S. 68 DEGREES 53' 12" W, 104.61 FEET TO THE NOR1HEASTERLY RIGHT-OF-WAY LINE OF BAYVIEW AVENUE; THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE. N. 21 DEGREES 06' 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 11-lE POINT OF BEGINNING. CON T AINING O. 1196 ACRE S, MORE OR LE S S. EXHIBIT I I' /J " EXHIBIT "A" Scale This is 1 II = not 100' a survey \:..-<' . , t \/' 32/02 s ~ ~ ~ ~. ~ J: TRACT ~ ~;. C ~ ~ ctJ /\ .<1:\ i i~ ;~1~'.t .}J:~:t'fl ~'JI"ir.-(:rl~~.~ /,~n~t;~~i: :,': -;,'h~"l.\'~" }".:i . )~:-~;f,\?1~~;~r~1 C'lIU" IV O.KING CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING OUR LADY OF DIVINE PROVIDENCE vA~;aoo~-10 VACATION REQUEST 50' RIGHT OF WAY PENMAR DRIVE O<D.C If DCn 2 Of" 5 S.D. 0',::1 SlC1.. "",...",. 16-29S-16E ," ,', .,' ~. .:. " CION...... 7165-0J L-i Second Reading 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", Elated Qecember 1, 1983, all effective September 3, 2003, shall be used to provide the database for this Chapter. Ordinance No. 71 X2-1!3 Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Augsut 7. 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: ^j)/~ ~ ;;. .,,/ ~ I } ~ . , I ) t !/c!l, 1 /, (( /1.' -Brya~Ruff'/ 1 Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7182-03 Ci iii o Ol .5 OJ .. :lE C OM .~ :3 'E: EN o c;.~ .'":: :: U< c:'C = CI ~ E ::> t: ::: r:l CT ::> .. Q:O "'E '0 .;: ~& ~ .:. <.2 ~.o 0..< '" '" a: 15 B .Q C> :: .s $ 0; 0. 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Cll .e- .. - oU) ro Olo.. g'a "tl =t'a_ C ~ ~ .5 = III CI .- a:~~ ro ro >U C)- III ~ C E C1l ~ .~ i6 t C1l U ro Ul a. !I N Clearwater CG51 Agenda Cover Memorandum Page 1 of 1 \ Co' '-":'..':: ...<::.:~., -,. ::,'. - . . - City Commission Preferred Date: 108-21-2003 Item ID: 128 Submitted 107-25-2003 ~ Latest Possible Date: 108-21-2003 ~ Actual Date: - Subject I Recommendation: Approve a Natural Gas Ser~1ce Agreemen: with ~eoples Ga~ Syste~ and authorize the Gas System ~anaginq Dlrec:or :0 enter into future lJlterconncc:ion points under this Agreement, .:J - Summary: :n order :0 ensure continuity of gas service 1t is operationally beneficial to establish interconnections between :he Clearwater Gas System ICGS) and the ~eoples Gas System (PGSl. A:so, in certain areas along our boundary with ?GS, situations arise wherein our gas ma1n is closer to a ?SS customer or ~GSA~ gas main is closer :0 a CGS customer. In those instances, for economic purposes, we wish to establish a means to supply gas at interconnection points a:ong our boundaries to that particular customer from the closest main. Any resul:lng gas purchases are proposed to be executed at an established wholesale rate above current system supply gas cost. The agreement was mutually developed by PGS and CGS in order to provide a vehicle for selling and purchasing gas at two (2) initial interconnection points along our service area boundary as well as several future planned interconnection points. ~he approval of this agreement will be mutually advantageous to both CGS and PGS and will ensure a more reliable gas service along our gas systc~ boundaries. This agreement is available for review in the Official Records and Legislative Services Depar:~ent. ..:J Originating Department: Category: I Agreements/Contracts - without cost Section: I Consent Agenda ~ ~ Number of Hard Copies attached: Public Hearing: INo .:J - Review Approval: (Signature indicates approval.) ICYIl(h(~ GoudElnu 07-31-2003 14A 1 ICynd!C Goudeau D8-11-200J 10:34 IGarry B'um:lnr:k 07-31-2003 14:4 S: ISdi Horno 08-11-2003 11:06 5;? .... .; , (.r"',"': (n / i fl.c' J~ NATURAL GAS SERVICE AGREEl\IENT This Agreement is made and entered into by and between Peoples Gas System, a division of Tampa Electric Company. a Florida cOlvoration ("Peoples") and the City of Clearwater, a Florida municipality, (the "City"). Peoples and the City are sometimes refcn'ed to hereinafter individually as a "party", or collcctivcly as the "parties". Whereas, the City desires to scll natural gas to Peoples. and Peoplcs desires to purchase natural gas from the City. in order to supply several connection points including the Largo connection point located at the intersection of Ulmerton Road and Seminole Boulevard in Largo, Florida (the "Largo Connection Point"), a future connection point on U. S. 19 in Pasco County, and other connection points as may be agrecd upon between thc Parties; and Whereas, Peoples desires to sell natural gas to the City, and the City desires to purchase natural gas from Peoples, in order to supply several connection points including a transportation connection in the vicinity of Little Road and State Road 52 in Pasco County (the "Little Road Connection Point"), a connection point being developed along Gulf Boulevard in Pinellas County in the vicinity of the city boundary lines between Madeira Beach and Redington Beach (the "Redington/Madeira Connection Point"), and other connection points as may be agreed upon bctwecn the parties; Now, thcreforc, in considcration of the premises and thc mutual covenants and agrecmcnts contained herein. the parties hereto, intending to bc legally bound, hereby agree as follows: I. The above recitals arc true and correct and arc incorporated herein as if restated in their entirety. ') Peoples agrees to purchase and the City agrees to supply Peoples natural gas ser';ice on a Wholesale Rate of SO.08 per thel111 above the City's applicable Purchased Gas Adjustlllent fur cummercial service. The City further agrees to supply gas at a pressure not to exceed 60 p.s.i.g. Peoples agrees to pay the City's invoices for gas delivered by the City pursuant to this Agreement within twenty (20) days after receipt of such invoices. 3. The City agrees to purchase and Peoples agrees to supply the City natural gas selTice on a Wholesale Rate of SO.08 per therm above Peoples' applicable Purchased Gas Adjustment for commercial service. Peoples further agrees to supply gas at a pressure not to exceed 60 p.s.i.g. The City agrees to pay Peoples' invoices for gas delivered by Peoples pursuant to this Agreement within twenty (20) days after receipt of such invoices. 4. At such time as additional connection points arc agreed to by the parties, the additional points shall be agreed to by the parties in writing, which. at the time of execution by both parties, shall be incorporated into this Agreement as an Amendment thereof. 5. The parties agree to comply with all applicable Federal, State, and local laws, regulations, and ordinances with respect to each party's obligations hereunder. With respect to each connection point, the Parties will enter into an amendment to this Agreement documenting the party responsible for providing any necessary facilities, for maintaining such facilities. and for metering the gas sold by one 2 party to the other party hereunder. Such pro\'isions with respect to the Largo Connection Point and the Little Road Connection Point arc attached to this Agreement as Exhibits A and B. respecti\'ely. and simi larly. amendments will be incorporated into this Agreement for any future connection points agreed to by the parties. 6. The term of this Agreement shall be one ( 1 ) year, commencing on the date upon which this Agreement has been executed by both parties. and shall automatically renew for one (I) year periods thereafter unless a party tel1ninates this Agreement as provided herein. This Agreement is tenninable at will by either party. provided that the party terminating the Agreement gives written notice to the other party not less than one-hundred twenty (120) days prior to the date oftel1nination. In addition, the (i) failure by either party to make any payment required to be made hereunder, and such failure shall continue for five (5) days after receipt of written notice from the other party of such failure, or (ii) failure by either party to comply in any material respect with any material provision of this Agreement (other than a failure specified in clause (i)), and such failure shall continue for thirty (30) days after receipt of written notice thereof has been given to the other party. shall constitute an Event of Default hereunder as to the non-performing party. Upon the occurrence and continuation of an Event ofDefuul1, the non-defaulting party may. at its option and in addition to and cumulatively of any other rights and remedies it may have hereunder, at law. in equity, or otherwise, tenninate this Agreement on five (5) days written notice to the defaulting party; provided, however, in the case of an Event of Default specified in clause (ii) above, if the 3 del~llllting party has. during the thirty-day cure period, initiated and diligently pursued action to cure the Event of Default, and the time necessary to effect such cure exceeds such thirty-day period. the non-defaulting party shall not terminate this Agreement. No waiver by the non-defaulting party of full performance of this Agn.:emcnt by the dcl~lulting party in anyone or more instances shall be deemed a waiver of the right to require full and complete performance of this Agreement thereafter or of the right to terminate this Agreement according to the terms of this section. 7. Indemnification. The City shall at all times indemnify, defend and hold Peoples harmless from or on account of any claims, losses. injuries or damages, received or sustained by any person or persons during or on account of any work or operations engaged in by City in connection with the services provided pursuant to this Agreement; or by or in consequence of any negligence. excluding the sole negligence of Peoples, in connection with same; or by or on account of the use of any improper materials or by or on account of any act or omission of City, its agents, servants, or contractors. City agrees to defend, indemnify and save harmless Peoples against liability arising from or based upon any violation of any Federal, State, County of Municipal law, ordinance or regulation by City, its agents, servants, employees or contractors. This indemnification provision obligates the City to defend Peoples from any liability claims and all suits and actions that may be brought against People's resulting from the sole negligence of City. City may defend People's with City's in-house staffcounsc1 at trial and all appellate levels or City may provide for People's defense with outside counsel by 4 paying for all attol11ey's fees, costs and trial expenses. The decision to defend with in-house counselor with outside counsel shall be within the City's sole discretion. City's obligation to defend People's for the acts or omissions of City, its ser\'ants, employees or contractors shall be limited to thc extent provided in S 768.28, florida Statutes. Notwithstanding anything to the contrary contained herein. this indemnification provision shall not be construed as a waivcr of any immunity from or limitation of liability to which City is entitled to pursuant to S 768.28, Florida Statutes. FurthemlOre, this pro\'ision is not intended to nor shall be interpreted as limiting or in any way affecting any defcnse City may have under S 768.28, Florida Statutes and is not intended to or shall not be inteq)reted to alter the extent of City's waiver of sovereign immunity under * 768.28, Florida Statutes. The parties to this Agreement specifically agree to be fully responsible for their own acts of negligence or their respective agents' acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence. Nothing herein shall be construed as consent by either party to be sued by third parties in any manner arising out of this Agreement. Peoples shall at all times indemnify, defend and hold hannless from or on account of any claims, losses, injuries or damages, received or sustained by any person during or on account of any work or operations engaged in by Peoples in connection with thc services provided pursuant to this Agreement; or by or in consequence of any negligence, excluding the sole negligence of City, in connection with samc; or by or on account of thc use of any improper materials or by or on account of any act or omission of Peoples, its 5 agents, servants. or contractors. Peoples agrees to defend, indemni fy and save harmless City against liability arising from or based upon any violation of Federal, State, County, Municipal law, ordinance or regulation by Peoples, its agents. servants. employees or contractors. This indemnification provision obligates Peoples to defend City from any and all liability claims and all suits and actions that may be brought against City resulting from the sole negligence of Peoplcs. Peoples may defend City with Peoples in-house staff counsc1 at trial and all appellate levc1s or Peoples may provide for City's defense with outside counsel by paying for all attomey's fees. costs and trial expenses. The decision to defend with in-house counselor with outside counsel shall be within Peoples the sole discrction. 8. Notices. Any notices required or pel111itted to be given under this Agreement shall be in writing and shall be deemed to have becn given if delivcred by hand, sent by recognizcd overnight courier (such as Fcderal express) or mailed by ccrtified or registered mail. retum rcceipt requested, in a postage prcpaid envelope, and addressed as follows: If to Peoples: Peoples Gas System Attn: Vice-Presidcnt, Operations 702 North Franklin Street Tampa, FL 33602 (813) 228-4775 If to Clearwater Gas: Clcarwater Gas System Attn: Gas System Managing Director 400 North Myrtle A venue Clearwater, FL 33755 (727) 562-4901 6 with copy to: Oflicc of City Attomey Attn: Pamela Akin P.O. Box 4748 Clearwater, FL 33758 (727) 562-4010 Noticcs personaHy delivcrcd or sent by ovcmight couricr shaH bc decmcd givcn on the datc of delivcry and noticcs mailcd in accordancc with thc forcgoing shaH bc dccmed given on the datc of dclivcry, providcd thc rctum rcceipt is reccivcd. 9. Construction. This Agrccment shall bc go\'emed by. and constmed and enforced in accordancc with thc laws of the Statc of Florida. Each party to this Agrccmcnt has participated fuHy in thc ncgotiation and prcparation hercof and, accordingly, this Agreement shall not be more strictly construcd against either of thc parties hereto. In construing this Agrcement, the singular shaH be held to include the plural, the plural shall be held to include the singular and the use of any gender shall be held to include every other gender. 10. Captions. Thc captions of the various paragraphs of this Agreement are inserted for the purpose of convenicnt reference only and shall not affect thc constmction or intell)retation to be given any of the provisions hereof or be deemed in any manner to define, limit, modify or prescribe the scope or intent of this Agrecment or any provision hereof. 11. Scvcrability. If any tenn or provision of this Agreement shaH be detcrmined by appropriatc judicial authority to be iHcgal or otherwise invalid. such provision shall be givcn its nearest legal mcaning or be constmed as deletcd as such authority detcnnincs, and the remainder of this Agreement shaH be construed with fuH force and effect. 7 12. Counte'11arts. This Agrecmcnt may be executcd in any numbcr of counterparts, each of which. when exccuted and deliyered. shall be an original. but all countelvarts shall togcther constitl!tc onc and thc same instrument. 13. Litigation. In the e\'ent of any litigation betwccn the parties hcreto arising out of this Agreement, the pn:\ailillg party shall bc entitled to reasonable attorneys' and paralegal Ices and court costs, including thosc incurred on appeal. I..t Assignabililty. Any entity which shallmergc or consolidatc with either party. or acquire by purchase substantially all of the asscts of either party. shall be subject to the obligations of its predecessor undcr this Agreemcnt. and either party may assign this Agrecment to such successor-in-intercst or Affiliate provided such assignee assumes in writing the obligations of its predecessor hereundcr. Exccpt as set forth in this paragraph. neither party shall assign this Agreemcnt, or its rights and obligations hcreunder. without the prior written consent of the other party, and no assignment or transfer of this Agreemcnt shall relieve either party of any obligations to the other party inculTed prior to such assignment or transfer. For pU'110ses of this Agreement, the tCI111 "Affiliate" shall mean any entity that controls. is controllcd by, or is undcr common control with, Pcoples. 15. Entire Agreement. This Agreement constitutes the entire understanding and agrcemcnt bctween the parties and may not bc changed, altcred or modi licd exccpt by and instrumcnt in writing signcd by the party against whom enforcement of such change is sought. This Agrecmcnt shall be binding upon thc parties hercto and thcir respecti\'e successors and assigns. s IN WITNESS WHEREOF. this Agreement is executed as of the day of ,2003. Countersigned: CITY OF CLEAR WATER, FLORIDA By: By: Brian J. Aungst Mayor-Comm issioncr William B. Horne, II City Manager Approvcd as to fornl: Attest: Laura Lipowski Assistant City Attomey Cynthia E. Goudeau City Clcrk Signed, sealed and dclivered in thc presence 0 f: PEOPLES GAS SYSTEM, a division of TAMPA ELECTRIC COMPANY By: Attest to PEOPLES Mary Jo Pcnnino Vicc-President, Operations 9 1'7 . ~ Clearv,rater ~~~~~~~~ Agenda Cover Memorandum Page' :)12 City Commission Preferred Date: I 08-07-2003 Item 10: 98 Submitted: 107-09-2003 Latest Possible Date: 108-07-2003 ~ ~ Actual Dale: - Subject / Recommendation: :\ppr c"-.:....: , ~~::-::ai~ Dco~,Ei:: ': \.1. .. (: :':.: ',' - '.: '._ (1 ~. '-"'.::" ~ . ~l il q :- t ~ (::-- '.::: ~~ : :\"'-':"'~:: !"t::'.o.':',., ";.:" It: op.~: ~:',:.:, :- r C::', ~ to..: ::c: r c: s::. .... LOG3 ::':::='~9:'" .~~t.::~.t::ni:er ~=, .~;:':.R, w~::... ::':',,:, l "2: ..... ,,", ~ . :~ . p\. ~ r':~:'~' ",;f C:e(:::'..;,:-:tf~:. ,-::'"'.:: :'L.:- P:;'.021 :d:; ~:-j;.1:~".~:...: t y --'-:~::\\:'I "~\F:'.- ",'d 1 '.\~- :: ~.~ ','; . -; ! !lei :":';~ ' :; , _"_ ~ '::~d"}'_-'::-'(.':"'_I ~'.>:1::: '.>::-:1.1 :", =.:: ~::.:: ~ :"~'...::- ..:" _ ., ,) t :. Q:1 q C t: :'. ~ ,.:; ~ . ..:J - Summary: Pinell~~~ :O~.~.~::~:~. Ce:1:e~, .~c., (f:'::) ~~:'~e:'::~' :~ascs ~:':~0rt)' ...-- tlle Ci:~' a~ 150: . ~:or:..~: ~.~~:::he:: :::,:~d ::,:.r ~:',t..: p'.;:.pc-se::: \..-"!2'0::a,:.:n-j i ~..:blic :.-.:.:=-catio:~a: ci:~d ed'.;:a::::):;al : a c : ~ :. ..._ ':' . ':' :-. e :. .:: a s c :~: ~: c h e d'.: 1 (;. j :.. (" '-: :.: r :. :~ ~_~ A F' r ~: :::, 2 0 : .~ . 'i' he:. '2 3. :? .=: \-: i 1: :. c :.-~,:. iI a ~~ c ~po~ eX'~:~~:::1 _i L~~:.s ~Jrl~t.?~0:1~. ;... \.c1:i.:.::..... 0:' (;:-=':.::Dmi.: c::d.:~ges ha':e :::-PdC',,:.,::: \'dr::.::: :lOI1-(':'__~:':t. gro~;F5 dnd ::;e.::' abilit:: :. 0 .s \J oS ._ :::. .:-j ._ :'..:; ::: \1 h q ~J a l :.. ::. Y :- de:' 2. it:. e ~; a :~.:. p r [' q -= :: ~ s t hat : ;'. '2.... h a \' e ::" 3 j i tic n a l : ':' J:~f(~:.c<~. G:"-'''':F;:' thr::)t;(Jh:-ut ::H_~ Cily, i::::'.;Jirh] "_::'2 :.JOI1l] :.~::--."_er, ~;d'.:',-: ::ad ~..:J ~iedl. ',-:iLl! :r:eSl- :.....:~i:Ct.~-:. ::~ a:-; \~:~:01..t :0 ~;on::':1UC ::"', opcr.:~"_c and c::-(-::' the q~:~:':.~y P:-09:-a:;1S and act~~~:_;:s ~~~::i at t::e :.c~q Ccn:e!. a~d be able :: ~=nLin~e :~ expar1d 3~d rneet witl1 LtlC "'lS:G:: :~~,~i .:1:,.1:2 :"0:- ~::e LO:.lg Ce:::.e~', PC:: ,:o:1La.:-_ej the -::':1' to see- .:.: addi:ic:-'iCll par t r: (~ :- .:.; ; . .: p oS :) :' ~)~si~ess prac:ices c: 1......-,.." ,...; '- -..J ..~ .L I... t-c forq..:.=: :or lr"'.t2 ::-.~nagC!~1e::: dr.d r~;a:.:-::e:1a:~ce ::~C ~c:,.w,-: ':p::.~r:.:' ::.r:a~ \o.'o-.;:j be:-1cf':t a':'l. Star:: a~.:.:~Y3:'S :.:~clu:ieci :COk:':ig at c:fic..:e:--.c:es '~dH"'_ could c-=- crcateG t::' "merCJi:iqtl Gpera~.: :.;..:; t:"f.J0:':..er. E:7:;.cie:~ccs c::ecJted .:.:;cl~de=i: 1) Kec...:::.:o:-: c: adrr,:nis"_~'ati\"e sLat: 2) Prc':.:.:.;ic:...'s ::)r c:ty.....:dc rrair:t.ena;,ce :~o ::and~e ia.y to (...::.... and aI;::'~:..~~ mai:;.tenar:cc and infras:=Jstu~e i:crns 3) lipg:-':..:dc~d c1t~::eLic f:.eld rnair::.ena:lC0 .;) Reci....~~C: :::.:u:::iatio:: [t,;:"'.ding f~orn S250, CCC to 5:::.:,000 5) Red~:e C:ty subsidy ~rom S337,3~O to S127,3~~ 6) CO~~0nce c0~~tructio~ o( Penny for Pinellas C:? proje== by October 1, 2CO~. to be de~0rm:n0d by ~he City ill its sole jiscret:~n. Project .=J Originating Department: IrJ;JrkS and Rccrl~tlilOn IAgreements/Contracts - with cost :J ~ Category: Number of Hard Copies attached: 10 Public Hearing: INO ~ - Review Approval : (Signature indicates approval.) IKevin DunL,ar O~-15-2003 13:07.35 Ir-}:_H I (Vi i "_1 1- If I"..' 00 10' "r'o') l"'l."c 1 ! 11I.1 . /1 .)'_.'; ,no, .)o~.1 ,,). ,) .. ._) Page 2 Pinellas Community Center Agrmt This agreement will reaffirm the original intent of the facility and also that the facility is to be maintained, operated, open and accessible to the public in a manner consistent with the operation of other City public recreational facilities; Le, Countryside Recreation Center, Morningside Recreation Center, etc. Staff recommends approval of the Quit-Claim Deed, Bill of Sale and a five-year funding Agreement (with renewable extensions) between PCCI and the City, which lays out the intent for management, maintenance and operation of the Long Center, Included in the preliminary budget for FY 04 is the necessary funding to staff and operate the facility as well as provide necessary revenue funding to realize the net decrease or reduction to the general fund budget of $150,000. The approval of the Commission is conditional subject to clear title on the improvements, ~ Clearwater i -'~~''''''~I u ......":.::.%=::----~.~~...... .:../__--.....r.........""~_~ ~~...___...._ .... __ow. Page 2 of 2 Agenda Cover Memorandum: Financial Information Type: I Operating Expenditure ~ Bid I~oqllirod?: I No ~ Bid Exceptions: I Sole Source ~ In!.:""Il"! YOill IludOIlI?: I Yas ~ Budget Adjustment: I No =J (;""0111 YO;1f CII!!1 1'1,.:l:li,:IM1.OO rOI 1:,rWoll '1'11111 II().(11.;!003 to 109-30-2004 Total Cost: 1$337,340.00 Is 187 ,340.00 Annual Operating Cost: No! 10 I tt lI11d ^pplliplllllloll" (:lIflo Amount Appropriations Comment IReduction in annual funding $150,000 l()"j 1\ i (\ 1$2'/1,000.00 r-'. . I I~-' .. r"-- r---.__.._."......"~M.._.....~- r r---"^~-~-_._- r" - Revlow ^pprovlIl: I ..~~---,_._~- h, ~VIII I.' ,! I!,:: ;;.:! ,'11\": I \;.' 'I 11111.1 'Nil il',-.~~.mi; ~;;;;7-1;-1.1.~i- ;;" li)/.., \ ,'~, \ Clearwater Agenda Cover Memorandum City Commission Tracking Number: 98 Submitted: 07/09/2003 Preferred Date: 08/07/2003 Latest Po~sible Date: 08/07/2003 Subj~ru Recommendation: Approve a Quit-Claim Deed,Bill of Sale and a five-year funding agreement from October 1, 2003 througll September 30, 2008, with five, five-year renewable options, between the City of Clearwater and the Pinellas Community Center, Inc" including approval of 7,9 new FTE's, for the management, maintenance and operation of the Long Center. Summary~ Pinellas Community Center, Inc., (PCCI) currently leases property from the City at 1501 North Belcher Road for the purpose of operating a public recreational and educational facility, The lease is scheduled to expire April 18, 2016. The lease will terminate upon execution of this Agreement, A variety of economic changes have impacted various non-profit groups and their ability to sustain the high quality facilities and programs that they have traditionally offered, Groups throughout the City, including the Long Center, have had to deal with these impacts. In an effort to continue to operate and offer the quality programs and activities held at the Long Center and be able to continue to expand and meet with the vision and goals for the Long Center, PCCI contacted the City to see if additional partnerships or business practices could be forged for the management and maintenance of the Long Center that would benefit all. Staff analysis included looking at efficiences that could be created by "merging" operations together. Efficiences created included: 1) Reduction of administrative staff 2) Provisions for citywide maintenance to handle day to day and annual maintenance and infrastructure items 3) Upgraded athletic field maintenance 4) Reduce foundation funding from $250,000 to $200,000 5) Reduce City subsidy from $337,340 to $187,340 6) Commence construction of Penny for Pinellas CIP project by October 1, 2004, Project to be determined by the City In its sole discretion, The Quit-Claim Deed and Bill of Sale will transfer ownership of all buildings, improvements and any appurtenances to the City, PCCI will pay the City $200,000 annually, plus the City will retain all revenues generated at the Center to be used towards the operation of the facility. 7.9 new FrE's will be required to staff the facility, plus 3.4 existing FrE's as well as 4.6 reallocted FrE's for a total of 15.9 FrE's. ~ Clearwater ~, ~~-'~.....~.~.:.~....... ~'.:,...".::':~~:':7~ Agenda Cover Memorandum Originating: Parks and Recreation Cateoorv: Agreements/Contracts - with cost User Deptartment: Budget Office Number of Hard Copies attached: o Public Hearing: No Financial Information: ~ Operating Expenditure Bid Required? No Bid Exceptions: Sole Source In Current Year Budget? Yes Budget Adiustment: No Current Year Cost: $337,340,00 Annual Operating Cost: $337,340.00 For Fiscal Year: 10/01/2003 to 09/30/2004 Total Cost: $187,340.00 Appropriations Code 01816 Amount $271,000.00 Appropriations Comment Reduction in annual funding $150,000 ;f ~. ~~[ c: Summary for CC Agenda Item Pinellas Community Center - Long Center CC meeting of August 21, 2003 Pinellas Community Center, Inc., (PCCI) currently leases property from the City at 1501 North Belcher ROild for the purpose of operating a public recreational and educational facility. The lease is scheduled to expire April 18, 2016. The lease will terminate upon execution of this Agreement. A variety of economic changes have impacted various non-profit groups and their ability to sustain the high quality facilities and programs that they have traditionally offered. Groups throughout the City, including the Long Center, have had to deal with these impacts. In an effort to continue to operate and offer the quality programs and activities held at the Long Center and be able to continue to expand and meet with the vision and goals for the Long Center, PCCI contacted the City to see if additional partnerships or business practices could be forged for the management and maintenance of the Long Center that would benefit all. Staff analysis included looking at efficiencies that could be created by "merging" operations together. Efficiencies created included: 1) Reduction of administrative staff 2) Provisions for citywide maintenance to handle day to day and annual maintenance and infrastructure items 3) Upgraded athletic field maintenance 4) Reduce foundation funding from $250,000 to $200,000 5) Reduce City subsidy from $337,340 to $187,340 6) Commence construction of Penny for Pinellas CIP project by October 1, 2004. Project to be determined by the City in its sole discretion. The Quit-Claim Deed and Bill of Sale will transfer ownership of all buildings, improvements and any appurtenances to the City. PCCI will pay the City $200,000 annually, plus the City will retain all revenues generated at the Center to be used towards the operation of the facility. 7.9 new FTE's will be required to staff the facility, plus 3.4 existing FTE's as well as 4.6 reallocted FTE's for a total of 15.9 FTE's. This agreement will reaffirm the original intent of the facility and also that the facility is to be maintained, operated, open and accessible to the public in a manner consistent with the operation of other City public recreational facilities; i.e. Countryside Recreation Center, Morningside Recreation Center, etc. Staff recommends approval of the Quit-Claim Deed, Bill of Sale and a five-year funding Agreement (with renewable extensions) between PCCI and the City, which lays out the intent for management. maintenance and operation of the Long Center. ~-;~-U..:l: ~:.;.::.~r',l;"""""'~".:=:- Jr-I{J ht:>:Ht::~TI()~l :7275f324e25 It 3. 3 Included in the preliminary budget for FY 04 is the necessary funding to staff and operate the facility as well as provide necessary revenue funding to realize the net decrease or reduction to the general fund budget of $150,000. The approval of the Commission is conditional subject to clear title on the improvements. /' ,// y...;. J 11 AGREEMENT This Agreemcnt by and betwcen the City of Clearwater, Florida, a municipal cOlvoration, whose mailing address is P.O. Box 4748, CJcarwater, Florida 33758-4748 (the "City"), and Pinellas Community Center, Inc., d/b/a The Long Center. a Florida non-profit corporation (the '.Center") and The Long Center Foundation, a Florida non-profit corporation (the "Foundation") both of whose address is 150 I North Belchcr Road, Suite 225, Clearwater, FL 33765, is made and entered into this day of ,2003. \VITNESSETH: \VHEREAS, the City is a municipal corporation owning certain land located at 1501 North Belcher Road in the City of Clearwater, (the legal description of which is attached hereto and incorporated herein as Exhibit "A"), which the City leases to the Center in accordance with that certain Lease Agreement betwcen the parties e1atcd February 26, 2002 ("Lease Agreement" Exhibit "C', attached hercto and made a part hereot), for the purpose of operating a facility for public recreational, educational and training programs; and \VHEREAS, the facilities and improvements on said land (the "Facility", Exhibit "B" attached hereto and made a part hereof), located at 150 I North Belcher Road, is owned by the Center; and \VHEREAS, the Center wishes to transfer ownership of the Facility to the City; and, "'HEREAS, the Center and the City have in the past partnercd in the operation and maintenance of the facility with the Foundation assisting in subsidizing the operational and maintenance costs and no other stich private subsidy currently exists for any other community recreation center in the City; and \VHEREAS, the City, the Center and the Foundation (collectively "The Parties") desire to continue to work together to provide recreation programs and activities as a means to help young people, adults and families, and it has been detemlined to be highly desirable and socially responsible to provide such activities to build and foster the confidence, educational, recreational, social skills and good habits in young people, adults and families; and \VI-IEREAS, The Parties mutually desire to tenninate thc Lease Agreement, and a related agreement, dated May I, 200 I, (Exhibit "0", attached hereto and made a part hereof) which provides funding to the Facility through the Pennies for Pinellas program, and replace both agreements with this Agreement; and NO\V, THERFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE I. TERMIATION OF LEASE AND TRANSFER OF FACILITY The Lease Agreement betwecn the Parties, dated Febmary 26, 2002, is hereby temlinated. In accordance with the Quit Claim Deed and Bill of Sale attached hercto and incorporated hercin as Exhibit "E", the Foundation docs hereby transfer all right, title and interest to any buildings, improvcments and any appUlicnances thereto, personal and or other property attached to or existing upon the City's land as describcd in Exhibit "A". ARTICLE II. TERM The term of this agreement shall be for a pcriod of five (5) years commencing on October I, 2003 (the "Effectivc Datc") and continuing through Septcmber 30, 2008 (the "Termination Datc"). This Agreement shall automatically rencw for successive five (5) year periods unless noti fication is provided. in writing, by the terminating party sixty (60) days prior to the end of the 2 thcn current term. Howcver, nothing in this Agrecment shall be deemed a waivcr by the City of its right to cancel or not to renew this Agreemcnt as provided for hcrein. The expression "term hcrcor' refers to the initial term hercunder and to any extension thereof as provided herein. ARTICLE III. RESPONSIBILITIES OF THE CITY 1. Services to he Provided: In consideration for the transfer of the Facility, and thc continucd financial support from the Foundation, the City shall manage day-to-day operations and provide programs and services at the Facility as follows. subjcct to the City's operating budget for sllch purposes in each fiscal year of the City, and provided that the City shall not be obligated to appropriate ad valorem tax revenucs for such purposes. (Under thc Florida Constitution, the City Commission cannot enter into an agreement that binds future City Commissions to payments that are not included in the annual budget. Also, an obligation to pay from ad valorcm tax revcnues may be construed as a "bond" for which refercndum approval may bc required.) a) Prog..arns: The City shall conduct educational, recreational, cultural and motivational programs at the Facility for the benefit of Clearwater area youth, adults, and families equivalent to those provided at the Facility as of September 30,2003. The core programs to be provided are as follows: i) Thc City shall offcr recreation programs consistent with those offered at the Long Center at the inception of this Agreement, inc.1uding but not necessarily limited to. organized games, playtimc and intramurals, and youth development activities. ~ ii) Hours of operation open to the public shall be equivalent to the hours of operation at the Facility at the inception of this Agreement. iii) The City shall take all reasonable, necessary steps in assisting in the facilitation and support of community organizations and their meetings and activities. iv) The City shall continue to offer educational classes consistent with those offered at the Facility at the inception of this Agreement. v) The City shall make reasonable efforts to increase the services and programs being offered at the Facility. b) Operating Responsibility: The City shall oversee the day-to-day management of programs, manage the operations of the Facility and employ the staff necessary to do so. To continue to provide the lowest possible cost to the community, the City will encourage Use Agreements with non-profit agencies ("Sponsoring Agencies" or "Partner Agencies") whose mission is to provide recreational/educational programs for the general public. These Sponsoring Agencies and will make a capital investment in the Center, in an amount approved by the City and such approval will not be unreasonably withheld. and pay llsage or rental fees for specitic usage or space. The Sponsoring Agencies will provide supervision and personnel necessary including contract instructors to conduct their programs. In the case of core programming conllicts, the City shall havc priority of usage. Priority order of scheduling: 1. Maintenance 2. City Programming .1 3. Sponsoring agency (Subject to the policy on open community usage, the City, during all open hours, will schedule space within the Facility to accommodate public usage along with Sponsor Agency use, based on the annual schedule.) 4. Rentals ft is understood that the Sponsor Agencies wi llmeet on a regular basis to schedule their core programs with City's staff. An approved schedule of core programming will be distributed to the agencies at the same time the schedule is established. Any additional activities sought to be scheduled that compete with, encroach or acoustically interfere with the City's approved corc programs shall require COnCI.l1TCnCe from the City. Such concurrence will not be unreasonably withheld by the City. Any Use Agreements between "Clearwater for Youth - Exhibit "F", Upper Pinellas Association for Retarded Citizens, Inc. - Exhibit "0" and City of Safety Harbor - Exhibit "I-I", (all of which are attached hereto and made a part hereof) in existence at the inception of this Agreement wi II technically tenninate, however, the Users thereunder shall continue to enjoy the use and benefits of the Facility under the same tem1S and conditions. The City shall present new Use Agreements to the Agencies for execution (between the Sponsoring Agencies and the City). The new Use Agreements shall contain the same tenus and conditions ofthc fom1cr Usc Agreements, unless a change is mutually agreed upon. Maintenance: Subject to Partner Agency commitments to the contrary, the City shall provide the labor and materials necessary to : i) Perform all interior and exterior maintenance ii) Athletic field maintenance :; iii) Playground maintenancc iv) Infrastructurc maintenancc, consistent with the standards of othcr City buildings. b) Capital: City shall conduct capital repairs, refurbishment, restoration and replacement as detennincd by the City and the Sponsoring Agcncies in the Capital Improvemcnt Program, Exhibit "{" (attached hereto and made a part hcreof), with the City providing the final detemlination as to such repairs, and within the restrictions of the approved budget, to keep the facility at a lcvel that is acceptable for other similar City facilities and buildings. c) Revenues: The City will retain all revenues generated at the facility during the teml ofthe Agreement, including but not limited to, all revenucs from: i) Rentals ii) Classes/Programs iii) Partner agencies iv) Concession and vcnding d) Penny for Pinellas II Allocation: The City will facilitate expenditures of improvement projects at the Facility in its solc discretion. The CUlTcnt approved balance for such projects is $991,000.00. Projects may include, but not necessarily be limited to, a new entrance, building renovation and upgrade and expanded fitness area within the existing footprint of the building. The City agrees that construction work wi 11 commcnce on or before October I, 2004. The Agreement betwcen the parties dated May I, 200 I, rclatcd to the use of Pennics for Pinellas funds, is hereby tertni nated. 6 e) Existing Staff: The City will make its best efforts to provide opportunities for those Center employees employed prior to the inception of this Agreement, within the Parks and Recreation Department, as permitted by the City's budget. existing pay plan structure and available, open positions. 2) Area to be Served: Services rendered through this agreement shall be provided to individuals who reside in the greater Clearwater area, as well as individuals from outside of the Clearwater area through local, state and national events held at the Facility. 3) Use of the Long Center: a) No Illegal Use. The City agrees that they will make or allow no unlawful, impropcr or offensive use of the premises. b) Rules for Use. Rules and regulations governing the use of the Facility may be established by the City in its sole discretion. Such ruies and regulations developed by the City will provide for and allow reasonable user Ices recognizing the Foundation's subsidy. c) Sign age. The City may place an identification sign on the Facility or in the park according to City codes at the City's expense. The name of the Facility must forever more be known as the I-I.E. "ZIP" LONG Center; the gymnasium known as the DAN AND NADINE CARLISLE Courts and Gymnasium; and the aquatic center known as the ROZ AND DAN DOYLE Center for Aquatics. d) Office Space for Center. The City shall provide no less than 75 sq. 11. of office space at thc Facility for the Foundation's use and receipt of mail, as well as occasional use of the Board Room for regular or special meetings. 4) Payment for all operating expenses: The City is responsible to pay all operating expenses associated with the Facility including but not limited to electric, water, sewer, custodial, insurance, sanitation and building maintenance. 5) Payment of Fees and Taxes. The City shall obtain all required licenses at its own expense and shall pay all required taxes necessary to the City's operation at the Facility. 6) Scheduled Reports of Cit)' Activities: a) The City shall furnish the Foundation with a quarterly report of activities conducted under the provisions of this agreement within two weeks of the end of each quarter. Each report is to identify the number of clients served, the type of activities, programs offered. Other reports may be requested by the Foundation. b) The City agrees to submit an annual report and to cooperate during on site visits and other on-site monitoring (including, but not limited to, access to sites, staff, fiscal and client records, and logs and the providing of related info1111ation) with the Foundation providing reasonable notice prior to such visits. 7) Creation, Use, and Maintenance of Financial Records: a) Creation of Records: City shall create and maintain tinancial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities of the Facility similar to other City recreation centers. Such records shall be available and accessible at all times for inspection, review, or audit by ~ authorized Foundation representatives with reasonable notice for such inspection during normal business hours. b) Use of Records: City shall produce such reports and analyses, within reason, that may be required by the Foundation to document the proper and pmdent stcwardship and use of the Facility. c) Maintenance of Records: All records crcated hereby are to be retained and maintained for a period not less than five (5) years. 8) Publicizing of Foundation Support: The City agrees to utilize every reasonable opportunity to publicize the support received from the Foundation. The City further agrees to supply the Foundation up to three copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by the Foundation. ARTICLE IV. RESPONSIBILITIES OFTHE FOUNDATION I. Grant of Funds. Thc Foundation will provide annual funding to thc City in the total amount of$200,000, payable in quarterly payments within ten (10) days aner the beginning of each quarter. In thc event that the Foundation does not meet its funding requirement as provided for herein, the City retains the right to terminate this Agreement, with notice of termination, in writing, thirty (30) days prior to temlination. Upon the expiration of the thirty (30) day period for notice as provided above, this Agreement shall be tellllinated and The Parties hereto shall be relieved of all obligations hereunder. I) 2. Other. a) The Foundation agrees to consider annual grants requcsted by the City and others from endowment camings to fund recreational and educational programs at the Facility. b) The only other financial obligation orthe Foundation shall be to service and maintain the following Donor recognition sites: . Courtyard granite . Courtyard stairway board and donor bricks . Reception area board New donor recognition (naming opportunities) must be agreed to by both parties. c) The Foundation agrees to providc City with advance copies ofncws rcleases, promotional brochures and donor Icttcrs. ARTICLE V. INSURANCE AND MISCELLANEOUS PROVISIONS 1. City Property Self-Insurance or Self-Fu nding. Any provision of this Agreement to the contrmy notwithstanding, whilc thc City shall maintain insurance coverage and limits as provided for in this Agrecmcnt, parties hercto specifically agree that the City may do so by sclf-insurance and/or by purchase at the solc option of thc City. To the extent required by the terms of this Agreement, insurancc coveragc and limits shall bc evidenced by dclivcry to the Foundation of Ictters of sclf-insurance or self-funding executed by the City's Risk Manager, or by certilicates of insurance executed by either thc agent for thc insurers or the insurers or by copies of policy declaration pages. Such letters, certilicates. and policy declaration pages shall list coverage (including the amount of insurance per claim and per occurrence, any gap in coverage, 10 and the amount of the excess insurance) and policy limits with expiration dates and major policy tCI111S and endorsements. (a) General. All insurance policies obtained pursuant to this Paragraph shall: (i) be with companies legally authorized to do business in the State of Florida and which posscss a minimum rating of A- or better and a minimum class VIII financial size category (as listed at the time of issuance by A.M. Best Insurance Reports), which are reasonably acceptable to the other parties; and (ii) shall name as an additional insured each other party and such Affiliates of that party as it shall reasonably request. Upon commencement of the Ten11, each party shall fumish or cause to be fumished to the other party a certificate of insurance evidencing all such insurance policies. Renewal certificates shall be delivered by each party to the others at least ten days prior to the expiration of any policy of insurance. No such policy shall be cancelable or subject to rcduction of coverage except after thirty days' prior written notice to all parties hereto. (b) Remedies. If any party fails to obtain, keep in force or provide evidence of any of the insurance policies or self-insurance coverage required by this Paragraph, the other party may give written notice to the defaulting party, and the defaulting party shall have until the earlier of (i) five days after its receipt of such notice, or (ii) regardless of whether notice shall have been given, one day before the date the required insurance will lapse, to cure the default. If the default is not cured within such period, then the other parties shall have the remedies set forth herein. (c) \Vaiver of Subrogation. Each party hereby releases and relieves the other party, and waives its entire right of recovery against the other party, for direct or consequential loss or damage arising out of an incident to the perils covered by any insurance carried by the other party or which would have been carried had such other parties fulfilled their obligations hereunder to calTY insurance, whether or not due to the negligence of the released party or its agents, 11 employees, contractors or invitees. If necessary. all property insurance policies required by this Agreement shall be endorsed to so provide. ..., City's Non-Propcrty Covcrage. The City shall maintain at its expense during the Term of this Agreement, the following non-property insurance: (a) Auto Liability and Gcneral Liability: Self-Insured Level: $ I 00,000 per Person/S200,000 per OcculTence self-insured retention with the statutory limits per Section 768.28 Florida Statutes. Excess Insurance: $5,000,000 per OCCUlTence excess insurance (no aggregate applicable) with self-insured retention of $500.000. (b) 'Vorkcrs' Compcnsation: StatutOlY workers compensation coverage per occurrence with self-insured retention of $500,000. (c) Property Covc.-age. The City shall maintain at its expense during the Term of this Agreement the following property related insurance: (i) Property insurance for 100% of full replacement value of the Demised Premises (including all improvements and personal property), with deductibles not exceeding $50,000 per occurrence against loss by so-called "all risk" perils, including but not limited to lire, extended coverage, stonn (including without limitation wind, flood and hurricane coverage), boiler and machinelY, vandalism, malicious mischief, flood and earthquake. Such insurance is to contain a replacement cost endorsemcnt, and endorsements eliminating any and all coinsurancc provisions. (ii) For any work of construction conducted on the Demised Premises by or at the direction of the City, builder's risk insurance with the same limits and coverages as set forth in Subsection 12.2.1. provided that at the City's election. such insurance may he 12 maintained by the contractor(s) perlanni ng the construction work at the Demised Premises. (d) Indemnification. The City agrees to indemnify and hold The Center and The Foundation hannlcss from and against any and all claims, demands, and causes 0 f actions or lawsuits 0 f whatcver kind or charactcr arising directly or indirectly from this Agreement or the perfonnance hereof, FROM THE TIivtE OF EXECUTION OF THIS AGREEMENT AND THEREAFTER, unlcss such claims are the result of the Center's or the Foundation's sole negligence. Undcr no circumstances, or in no event shall thc City indcmni fy the Ccnter or Thc Foundation, or be liable in any way for claims, demands, and causes rcsulting Ii.Dln The Center or The Foundation's ownership, use, occupation of the Facility, or any other party's use or occupation thcreof, prior to the exccution ofthis Agreemcnt. Thc Center and The Foundation agrce to indcmnify and hold Thc City hamlless from and against any and all claims, demands, and causes of actions or lawsuits of whatever kind or character arising directly or indirectly from thcir ownership, use, occupation of the Facility, prior to the execution of this Agrcement. The Center and the Foundation hcreby reprcsent that there is no pending litigation, claims, dcmands, or causes of action whatsoever against the Center, the Foundation or any third party that has in any way entcred upon. occupied or used the faci lity prior to the cxecution of this Agreemcnt, including Users under those ccrtain Use Agreements attached hereto as Exhibits "F", "G" and "1-1". ARTICLE VI. DISCLAIMER OF '''ARRANTIES This Agreement constitutes thc entirc Agrcement of the partics on the subject hcreof and may not be changed, modi tied, or discharged cxcept by written Amendment duly executed by 13 both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executcd Amendmcnt hcreof. ARTICLE VII. TERl'HNATION The City retains the right to temlinate this Agreement for any municipal need determined by the City Commission to be necessary for a superior purpose and consistent with the City's Charter. In addition, the City may terminate this Agreement in the cvent that the State of Florida or any of its agencies or political subdivisions thereof requires the property or any portion thereof for a public purpose. Failure to adhere to any of the provisions of this agreement shall be considered a material breach and constitute cause for temlination. This agreement may by terminate with 90 days written notice without any further obligation by City. ARTICLE VIII. NOTICE Any notice required or pemlitted to be given by the provisions of this agreement shall be conclusively deemed to have becn rcccived by a party hereto on the date it is hand-delivered to such party at the address indicated bclow (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postagc prepaid), on the f1fih (5th) busincss day aficr thc day on which such notic(~ i" mailed and properly addresscd. I. If to City, addressed to Parks and Recreation Director, 100 S. Myrtle A venuc, Clearwater, FL 33756, with copy to City Attorney, 112 S. Osceola Avcnue, Clearwater, FL 33756- 5103. 2. If to Foundation, addrcssed to The Long Center Foundation, Attn: Chairnlan, 150 I North Belchcr Road, Suite 236, Clearwater. f'L 33765. 14 IN \VITNESS "'HEREOF, the parties hereto have set their hands and seals this day of ,2003. Countersigned: CITY OF CLEAR \V A TER, FLORIDA By: Brian J. Aungst Mayor-Commissioner William B. Home, II City Manager Approved as to fonn: Attest: Laura Lipo\Vski Assistant City Attorney Cynthia E. Goudeau City Clerk Attest: By:~~.J~ Printed Name:LJ ra S_..l2.e..ist By: 15 FISHER ENDOWMENT SUNSHINE PLA YGOUND ENDOWMENT FINANCIAL STABILITY ENDOWMENT LONG CENTER ENDOWlvlENT I-I.E. "ZIP" LONG ENDOWMENT Attest: ~ L c?-:7 t' B~tdfMCIz, <. Z9v;s~ ""-Printed Name: &~f}fJ<ICI( e=,NJ'flEte By: _d.MG. A ~J. Prilltcd NUll1C: ~ LONG CENTER FOUNDATION, INC. Attest: By: BY:~~le~Q S.~;cI 16 *** OFFICIAL RECORDS **t BOOK 7298 PAGE 282 A tract of land lying within the Northwest 1/4 of Section 7, Township 29 South, Range 16 East, Clearwater, Pinellas County, Florida and being more particularly described as follows: Commence at the Northwest corner of said Section 7; thence S89~35'50"E, along the North line of theNorthwest 1/4 oE said Section 7, for 55.00 feet to the East right-of-way line of Belcher Road; thence SOO~04'5l"E, along said East right-oE-way line and along a line being 55.00 feet East of and parallel to the West line of the Northwest 1/4 of said Section 7, same also being _t:h~ be;ox lng basis of this description, for 4BO.50 feet to the Southwest corner of that property described in O.R. Book 6247 on page 1429 and being the POINT OF BEGINNING: thence SB90]5'50"E, along the South line of said property, and along a line 480.48 feet South of and parallel to the North line of said Northwest 1/4, for ]90.04 feet to the center of a sanitary manhole; thence continue- S890JS'SO"E, along said parallel line. for 272.65 feet to the centerline of a creek; thence southeasterly approximately 850 feet along said centerline, same also being the westerly bounds of that certain property described in O.R. Book 5851, on page 1012. the following nine (9) courses being used for closure purposes; (1) thence S33042'24"E, for 10.60 feet; (2) thence S20046'23"E, for 139.50 feet; (31 thence SOlo02'42"E, for 100.92 feet; (4) thence S2604l'04"E, for 42.96 feet; (5) thence NB304Z'Sl-E, for 3J.70 feet; (6) thence s6S053,ll"E, for 50.08 feet; (7) thence S54.52'27"E, for 146.40 feet; (8) thence S470l2'36"E, for 199.7B feet. (9) thence S79.53'47.E, for 93.99 feet; thence, leaving said creek ' centerline, S89036'lO"E, for 95.00 feet to the perpendicular intersection with the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 7; thence SOOo23'50~W, along said East line, for 324.98 feet to the Southeast corner of the Northwest 1/4 of the Northwest 1/4 of said Section 7; thence NB9044'07"W along the South line of the Northwest 1/4 of the-Northwest 1/4 of said Section 7,for 232.B] feet to a point on the northeasterly right~of-way line of a 60.00 foot Seaboard Coa~t L~ne Railroad right-of-way; thence N72045'16.W, along said northeasterly line, for 1085.20 feet to the East right-oE-way line of Belcher Road; thence NOO.04'Sl.W along said East line and along a line 55.00 fe~t East of and parallel to the West line of the Northwest 1/4 of said Section 7, for 539.23 feet to the POINT OF BEGINNING, and containing 15.78 acres, more or less. t' '. I Exhi bi t "A" Exhibit "B" Facility Description Approximately 150,000 sq. ft. of which one-half is for community recreation and the other for the training and education of the developmentally disabled. In addition, parking, lighted multi-purpose field and playground. Indoor community recreation facilities include: . 15,000 sq. ft. air-conditioned three-court gymnasium . 2 multi-purpose rooms . Locker room . Fitness facility · 50 meter swimming and diving facility . 25-yard instructional pool . Office/lobby space I I LEASE AGREElvfENT .JJ.,.- TI-llS AGREEl\1ENT made and entered into on the ;; (0 day of 2002, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporati n, hereinafter referred to as "City", and Pinellas Community Center, Inc. AKA The Long Center, hereinafter referred to as "Center", a Florida non-profit corporation whose address in 1501 North Belcher Road, Suite 225, Clearwater, Florida 33765. WITNESSETH: WHEREAS, the City is a municipal corporation owning certain land located on Belcher Road in the City of Clearwater; and \VHEREAS, the Center desires to lease said land from the City for the purpose of operating a facility for publicrecreationaJ. educational, and training programs, and to I maintain and operate the property to be open and accessible to the public in a manner I generally consistent with the operation of City public recreational facilities, subject to reasonable rules and regulations as may be established from time to time by the Board of Directors of the Center hereunder; and WHEREAS, the City finds that the lease of the property for such use is for.a proper public purpose; and WHEREAS, the Center has established a foundation for the purpose of generating monies to assist in maintaining the premises and its improvements; and WHEREAS, the City is not obligated to meet the threshold as established by the Foundation.as part of its Agreement with the Community Foundation of Tampa Bay. WHEREAS, it is understood that the operating budget of the Center is c~mprised ofa combination of public and private funds and such funds are not separated by the Board of Directors. WHEREAS, the City and the Center have partnered in the operation and operating and maintenance of facility with the City offering a variety of programs for the residents of the City of Clearwater; and WHEREAS, the City and the Cente\ .1 the lease agreement executed in 1991 in order to establish a ne\ .llent that reaffirms mission of the Center to provide local communities with quality recreational facilities that offer a broad ~.........--.~ .....- I I range of activities for individuals and family groups of all ages and abilities and to better specify financial obligations and facility use among the involved parties, NOW, THEREFORE in consideration ofthe faithful performance by each of the parties ofthe covenants and agreements between each other made, it is mutually agreed between the parties hereto as follows: I. For and in consideration of the sum of One Dollar ($1.00) per year and other good and valuable consideration to it in hand paid, the receipt whereof is hereby acknowledged, the City does hereby lease unto the Center that certain parcel of real property located in Pinellas County, Florida, which is described in Exhibit A attached hereto. & 2. The term of this agreement shall commence on February 2iL, 2002 and end on April 18, 2016. This lease is renewable for successive five-year periods until April 18, 2046. However, nothing in this paragraph shall be deemed a waiver by the City of its rights to cancel or not to renew this Agreement as provided in Paragraphs 16 and 20. As used herein, the expression "term hereof' refers to the initial term hereunder and to any extension thereof as herein provided. 3. The Center has constructed recreation, education and athletic facilities (hereinafter referred to as the "Project") including but not limited to an Olympic size swimming pool, an indoor gymnasium, a playfield, additions as may be approved from time to time and accessory facilities related thereto. The development of the property has been in accordance with a site plan approved by the City. 4. T~e City and the Center agree that the Board of Directors of The Pinellas Community Center, Inc., dba The Long Center, will serve as the policy making body for the facilities throughout the term of this Agreement. The Board of Directors of The Pinellas Community Center, Inc., dba The Long Center, consists of a maximum of twenty one members, and no less than two oCthe twenty-one will be appointed by the City and one ex officio member to be the City Manager or his designee. The Long Center Board of Trustees, for foundation development, may appoint three (3) members with one (1) of the three (3) being a resident of the City of Clearwater. The Board of Directors shall serve the Center according to its articles of incorpor<:ltion and by-laws, which may not be 2 rcr ~ -- I I amended in any manner which is inconsistent with any of the provisions of this agreement during the term hereof without the consent of the City. The total number of members of the Board of Directors of Pine lias Community Center, Inc., aka The Long Center, cannot be increased without the consent of the City. 5. The Center shall not use the leased premises for any purpose or purposes other than for recreation, education and training and in the use agreements as described herein. 6. The Center shall not have the right to assign this lease or sublease any of its rights under this Agreement without the prior consent of the City. The Center shall not have the right to mortgage, transfer, hypothecate, pledge or dispose of the leased property in any form or manner whatever without the prior consent of the City. 7. The Center agrees that it will not make any physical changes to or construct new penn anent facilities on the leased property without City approval. The City Manager or his designee will have authority to approve minor site plan changes, with City Commission approval required for major revisions. 8. The Center shall make no unlawful, improper or offensive use of the leased property nor permit its use in any way to become a nuisance. 9. To provide the lowest possible cost to the community the Center will encourage Use Agreements for the project with other non-profit agencies whose mission is to provide recreationaVeducational programs for the general public. These agencies will be referred to as sponsoring agencies and will make a capital investment in the Center, in an amount approved by the City and such approval will not be unreasonably withheld, and pay fees or rentals for specific usage or space. The sponsoring agencies will provide supervision and personnel necessary including contract instructors to conduct their programs. In the case of core programming (Exhibit D) conflict(s), the Center will yield the use time in support of the City. Any sponsor agency has the right to appeal to the Executive Committee of the Center. Priority order of scheduling: 1. Maintenance 2. Sponsoring Agency (Subject to the Center's policy on open community usage, the Center, during all open hours, will schedule space within its facilities to 3 ,... - I I accommodate public usage along with sponsor agency use, based on the annual schedule. ) 3. Rentals 4. Long Center Programs It is understood that the sponsor agencies will meet on a regular basis to schedule their core programs with the Long Center staff. An approved schedule of core programming will be distributed to the agencies at the samc time the schedule is established. For any conflicts not resolved by the agencies and Long Center staff, an appeal to the Executive Committee can be made as notcd above. Any additional activities sought to be scheduled that compcte with, encroach or acoustically interfere with the City's approved core programs shall require concurrence from the City. Such concurrence will not be unreasonably withheld by the City. The following sponsoring agencies currently have Use Agreements: Cleanvater for Youth, Inc. Exhibit B Upper PinelIas Association for Retarded Citizens Exhibit C City of Safcty Harbor Exhibit D 10. Subject to the provisions of this Section, the Center will be responsible for all costs of operations, maintenance and repair of the Project including all improvements to the leased property, All income derived from the use of the leased property by the Center shall be usedfor the operation and maintenance of the Project. The City, as a sponsoring Agency, and along with all other Sponsoring Agencies, in recognition of the benefits derived by the City and the other Sponsoring Agencies from the use of the Project hereby agrees to pay $327,510 for the first year of this agreement with an atmual cost of living adjustment of three percent for funding the operating requirements of the Project based on the Center's annual Budget Plan. The City's obligation to pay is subject to the appropriation of funds in the operating budget of the City for such purposes in each subsequent fiscal year of the City~ provided, that the City shall not be obligated to appropriate ad valorem tax revenues for such purposes. (Under the Florida Constihttiol1, the City Commission cannot enter into an agreement that binds future City Commissions to payments that are not included in the annual budget. Also, an obligation to pay from ad 4 ~ - 'n J I valorem tax revenues may be construed as a "bond" for which referendum approval may be required.) (a) Annual Budget - The Center agrees that it will each year in accordance with the City's schedule prepare and present a line item budget for the Center. Said budget shall include, at a minimum, a projected income and expense statement and projected earned balance sheet and statement of projected sources and applications of funds. Presented budget to include previous fiscal year, proposed fiscal year and project budget for the following fiscal year. In preparing the annual budget for the City, the following terms shall apply: (i) Total Revenues - Total revenues of the Center for purposes of the annual budget shall include all revenues received from the Center from any source which the Center is entitled to utiJize to pay normal and necessary operating expenses, including but not limited to activity card fees, daily user fees, remittances of lease payments, rental of the Center's physical facilities from sponsor and non-sponsoring agencies, rentals relating to the use ofth~ Center's playgrounds and fields from non-sponsoring agencies, UP ARC's share of common expenses, and contributions received by the Center from the I Foundation, more conunonly known as the Long Center Foundation, Inc., a separate corporation which serves as a private fund-raising organization for The Long Center. This shall be provided in a line item fonnat specifically detailing each category. (ii) Total Expenses - Total expenses for the Center shall include but not limited to, staff and personnel, maintenance, nonnal operating expenses required to maintain and operate all physical facilities of the Center in a safe, acceptable and customary fashion and all other capital expenditures deemed necessary for the operations of the Center by ;t5 Board of Directors. This shall be provided in a line item format specifically detailing each category and position. (b) Adjustments - The parties of this lease recognize that there will be differences bctwecn the budgeted operating financial performance of the Center and its actual audited financial performance submitted to the City pursuant to Paragraph 16 of this lease. (c) Facility Usage - In the case of core programming (Exhibit E) conflict(s), the Center will yield the use time in support of tile City. Recreational, offices (for City statT and co-sponsored groups) and storage space will be provided for City programs, listed on 5 ~~)I:I J I Exhibit E, for the remaining term of this agreement and all subsequent agreements. Recreation programs will be scheduled on a quarterly basis. The Center will provide to the City a list of all annual continuous rentals 90 days prior to the commencement of the City's fiscal year. The current list of annual rentals is listed on Exhibit F. The City agrees to adjust its schedule to support these rentals. Any resident of the City of Clearwater or member of a Spo.nsoring Agency shall be entitled to participate in a sponsored activity of another Sponsoring Agency for the same fee as that charged to members or residents of the Sponsoring Agency, so long as there is unfilled space in the activity. (d) Use Outside of Normal Hours - Ifa Sponsoring Agency utilizes the indoor facility of the Center outside of nonnal operating hours, the Sponsoring Agency shall pay the incremental costs associated with the use of the Center's facilities for that activity. Such costs, defined as the prevailing costs at the time, could include salaries of safety personnel such as lifeguards, and security guards, payroll expenses for employees of the Center and other reasonable identifiable costs associated with such program. If the Sponsoring Agency chooses not to provide their own personnel then the Sponsoring Agency and the Center agree to charge for use of the facilities outside of normal operating hours to only reflect additional incremental costs incurred by the Center in connection with these programs. The City is allowed four (4) weekend swim meets that will be included in the annual contribution of the City not including any associated incremental costs, which is defined as the prevailing costs at the time. Any additional swim meets will be scheduled as rental events that will include pool rental fees and any additional incremental fees at the time of the event. (e) Capital Improvement Fund - Representatives of the Sponsoring Agencies and the staff of the Center shall jointly prepare a report annually setting forth the projected items for repair and replacement of the facilities of the Project for the next six years as part of the city's budget process ("Repair and Replacement Report"). The Repair and Replacement Report shall account for capital expenditures in an amount greater than $2,000 necessary for the safe and acceptable use of all the facilities of the Center, which are not otherwise accounted for as part of the Center's annual budget. All uses of such funds must be approved by the Center Board of Directors. The City will annually appropriate $67,000 into a CIP code to be llsed for said repairs annually (subject to annual (, I I City Conunission approval). The Center shall be allowed access to such funds for items, which may not be listed on the approved Maintenance Fund List in an emergency situation (i.e., hurricane, accident, health, safety, systems failure) with approval of the City's Director of Parks and Recreation. Capital Improvement Funds are due and payable from the City upon receipt of invoice from the Center on a project-to-project basis. 11. The Center agrees that all buildings and other improvements which are pennanently affixed to the leased property shall become the property of the City at the expiration of this lease. 12. The Center agrees to indemnifY and hold the City and its employees harmless from and against any and all claims, demands, and causes of action or lawsuits of whatever kind or character arising directly or indirectly from this agreement or the performance hereof, unless such claims are a result of the City's sole negligence. This provision shan survive the termination of this Lease Agreement. 13. The Center shall purchase and maintain through the term of this Lease Agreement the insurance coverage set forth below: a. Property Insurance Real property (including improvements or additions). 1. Form - All Risk Coverage. Coverage shall be no more restrictive than that afforded by latest edition ofInsurance Services Offices Forms CFOOll, CF0013, CF0420, and CF1210. Ifavailable, sinkhole insurance shall be included. If the provisions of the All Risk policy do not exclude sinkholes, as verified by the City's insurance consultants, the Center shall be deemed to be in compliance with this paragraph. 2. Amount ofInsurance. The amount of coverage shall be the full insurable value on a replacement cost basis. 3. Flood Insurance. Ifbuilding or structures are located within an identified special flood hazard area, flood insurance shall be provided for the total insurable value of such building or structure or the maximum of flood insurance coverage available under the National Flood Program, whichever is less. b. Boiler and Machinery Insurance If the improvements include boiler(s), pressure vcssel(s), or air conditioning/heating equipment, the Center shall maintain comprehensive insurance covering the equipment loss on the demise property resulting 7 I I from the maintenance and operation of such equipment, including but not limited to repair and replacement of the equipment and liability damage to the property of others. c. Commercial General Liability 1. Minimum limits of $1,000,000 per occurrence combined single limits for bodily i~jury liability and property damage liability. 2. Premises and operations coverage. 3. Independent contractors coverage. 4. Products and completed operation coverage. 5. Personal injury coverage with employees and contractual exclusions removed. 6. Liquor law liability, if applicable. d. Business Auto Policy Coverage shall be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Services Office and shall include: 1. Minimum limits of$I,OOO,OOO per occurrence combined single limits for bodily injury liability and property damage liability. 2. Coverage on all vehicles (owned, hired, and non-owned). e. Worker's Compensation Coverage shall apply for all employees in an amount . at least equal to the statutory limits of coverage according to applicable State and Federal laws. In addition, the policy shall include employer's liability coverage with a limit of $500,000 per occurrence. f. Other Requirements 1. If the self-insured status of the Lessee is approved by the State of Florida, the Lessor agrees to recognize and accept same upon proof of such approval. 2. The City shall be named as an additional insured on all insurance policies purchased and maintained by the Center under the terms of this Lease, except workers' compensation coverage. 3. Copies of insurance certificates for all insurance required by this agreement from the Long Center shall be furnished to the City Clerk of the City of Clearwater. Copies of the insurance policies for all insurance required from the Long Center by this agreement shall be furnished to the City Clerk of the City of Clearwater 8 - I I upon request of the City of Clearwater. The City may provide any insurance coverage required by this agreement, or for any program or event held at the Long Center, by self- insurance, by self-funding, by purchase, or by any combination thereof at the sole option of City. Insurance coverage and limits shall be evidenced by delivery to the Center of letters of self-insurance or self-funding executed by City's Risk Manager, or by certificates. of insurance executed by either the agent for the insurers or the insurers or by copies of policy declaration pages. Such letters, certificates, and policy declaration pages shaUlist aU coverage (including the amount of insurance per claim and per occurrence, any gap in coverage, and the name of the excess insurer) and policy limits with expiration dates. 4. Each insurance policy shall provide that no less than forty-five (45) days' notice of cancellation or restrictive modification of the policy shall be furnished to the City. 14. Any.co-sponsored group using the Center shall provide to the Center ,a policy of general liability insurance naming the Center as a co-insured or additional insured with minimum policy limits of $500,000 covering any and all programs and events of the group held at the Center. 15. The Center shall pay any Federal, State and local taxes and special assessments which may be levied on the leased property and any iOlprovements placed thereon, but it is agreed that the uses herein contemplated serve proper public and municipal purposes, and the parties in no way waive any exemptions permitted by law. 16. If, at any time during the term of this Agreement or extension thereof, the Center should default in the perfonnance of any of its obligations required hereunder, then the City shall furnish to the Center a notice in writing specitying the default and giving the Center thirty (30) days, or such amount oftime as may reasonably be required to cure such default using diligent efforts, in which to correct the defhult. If the default is not corrected within thirty (30) days, or such reasonable amount of time after giving tile notice, then the City may terminate this Agreement and immediately take possession of the leased property, and all improvements thereon shall become the property of the City. 17. The Center, no later than six (6) months after the end of each of its fiscal years during the term of this Agreement, shall provide the City with a copy of the Center's annual financial statements, including a balance sheet and income statement relating to the 9 I I Center's operations under this Agreement. Each month the City will be provided with internally prepared financial statements including a balance sheet and income statement comparing actual results with the budget. 18. The City, with reasonable notice to the Center shall have the right to inspect the leased premises and to review the Center's financial records pertaining to the Center's . . operation. 19. Any notices provided for hereunder shall be sent certified mail, return receipt requested, to the City, c/o City Manager, P.O. Box 4748, Clearwater, FL 33758, and to the Center, c/o Executive Director, 1501 North Belcher Road, Suite 225, Clearwater, FL 33765, or to such other address as either party by written notice to the other may direct. 20. The City retains the right to terminate this Agreement for any municipal need detennincd by the City Commission to be necessary for a superior public purpose and consistent with the City's Charter. In addition, the City may terminate this Agreement in the event that the State of Florida or any of its agencies or political subdivisions thereof requires the leased property or any portion thereof for a public purpose. In either event, the Center shall be entitled to just compensation for its investment in the leased property and for its relocation expenses to another site within Pinellas County. IN WITNESS WHEREOF, the undersigned parties have set their hands and seals the day and year first above written. Countersigned: CITY OF CLEARWATER, FLORIDA By: ___~~...:J[' William B. Horne IT City Manager /L1#:-: Brian 1. Aun~ ~ Mayor-Commissioner Approved as to fonn: Attest: ~~,~ L. 1L-Qo Q. Cyn .a E. Goudeau City lerk hn Carassas . Assistant City Attorney 10 I I Attest: 2U~e~X President Witnesses: ~ vO- w.Y- . 1 f7 tA---- 11 I , EXllIDIT A A tract of land lying within the Northwest 1/4 of Section 7, Township 29 South, Range 16 East, Clearwater, Pinellas County, Florida and being more particularly described as follows: Commence at the Northwest corner .of said Section 7~ thence SB9~35'50"E, along the North line of theNorthwest 1/4 of said Section 7, for 55.00 feet to the East right-of-way line of Belcher Road; . thence SOO~04'51"E, along said East right-of-way line and along a ~ine- being 55.00 feet East of and par(\~lel to. the West line of the Northwest 1/4 of said Section 7, same also being.~~ .be~rlng basis of this description, for 480.50 feet to the Southwest corner of that property described in O.R. Baok 6247 on page'1429 and being the POINT OF BEGINNING: thence SB90)5'50~E, along the South line of said property, and along a line 480.4B feet South of and parallel to the North line of said Northwest 1/4, for 390.04 feet to the center of a sanitary manhole; thence continu~. SB9035'50"E, along said parallel line, for 272_65 feet to the centerline of a creek; thence southeasterly approximately 850 feet along said centerline, same also being the westerly bounds of that certain property described in O.R. Book 5851, on page 1012, the following nine (9) courses being u~ed for closure purposes; (1) thence S33042'24"E, for 10.60 feet; (2) thence S20046'23"E, for 139.50 feet: (3) thence SOlo02'42"E, for 100.92 feet; (4) thence S2604l'04"E, for 42.96 feet: (5) thence N83042'51"E, for 33.70 feet;. (6) thence S65053'll"E, for 50.08 feet: (7) thence S54052'27"E, for 146.40 feet"; (a) thence S47012'36"E, for 199.78 feet; (9) thence S79053'47"E, for 93.99 feet; thence, leaving said creek centerline, S890]6'10"E, for 95.00 feet to the perpendicular intersection with the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 7;. thence SOOo23'50"W, along said East line, for 324.98 feet to the Southeast corner of the Northwest 1/4 of the Northwest 1/4 of said Section 7: thence N89044'07"W along the South line of the Northwest 1/4 of the. Northwest 1/4 of said Section 7,for 232_83 feet to a point on the northeasterly right~of-way.line of a 60.00 foot Seaboard Coast Line Railroad right-of-way; thence 'N72045'16"W, along said northeasterly line, for 1085.20 feet to the East right-of-way lin.e of Belcher Road; thence NOOo04'5;t"W along said East line and along a line 55.00 feet Ea~t of and parallel to the West line of the Northwe~t 1/4 of said Section 7, for 539.23 feet to the POINT OF BEGINNING, 'and containing 15.78 acres, more or less. ,-- EXHIBIT B .-J .! i I . '- LEASE AGREEMENT THIS AGREEMENT is made effective the 30th day of June, 1990, by and between The Pinellas Community Center a.k.a. The Long Center, a Florida nonprofit corporation, whose address is 1501 North Belcher Road, Suite 225, Clearwater, Florida 34625 (hereinafter referred to as "center"), and Clearwater For Youth, a Florida nonprofit corporation, whose address is 1501 North Belcher Road, suite 236, Clearwater, Florida, 34625 (hereinafter r.eferred. to as "CFY"). WIT N E SSE T H: WHEREAS, Center is a nonprofit corporation with recreational and educational facilities (hereinafter referred to as the "Project") on real property owned by the city of Clearwater and being leased to the Clearwater Youth Recreation Center, Inc., now known as The Center Foundation, Inc., under that certain Lease Agreement dated December 29, 1.986 (hereinafter as Exhibit "A" and 'incorporated herein by reference; and WHEREAS, CFY desires to use a portion of the Project to establish its equipment storage and administrative offices and to provide recreational and sports activities to the youth of this community and their families that will advance the mission and purpose of CFY allowing all children from all levels of society to play together in harmony, and which allows children to reach their fullest potential through enriching and productive activities. . WHEREAS, center finds that such use of the property is for a proper public purpose; and WHEREAS, The Center has established a construction fund for the purpose of generating monies to construct the Project and its improvements; and WHEREAS, CFY has invested in the Project by providing contributions to such construction fund of certain monies to be used for construction of the project and its improvements, as more specifically described hereinafter. NOW, THEREFORE, in consideration.of the premises and of the faithful performance by each of the parties of the covenants and agreements between each other made, it is mutually agreed between the parties hereto as follows: 1. Recitals. The above recitals are true and correct and incorporated herein by reference. 1 '. I I '. 2. Premises and User Fee. For and in consideration of the sum of One Dollar ($1.00) per year, and other good and valuable consideration to it in hand paid by CFY, the receipt and sufficiency of which are hereby acknowledged, The Center does hereby grant and assign to CFY the exclusive use of the Project, as more particularly described and depicted on Exhibit "B" attached hereto and incorporated herein by reference (hereinafter referred to as the "premises"). J. TERM. The term of this Agreement shall commence on the date CFY takes occupancy' of the Premises, and, provided CFY remains a viable nonprofit corporation in substantially the same form as it exists on the date hereof, and provided it continues to advance its mission and purpose as set forth in its Bylaws, the term hereof shall continue for a period consistent and concurrent with the term of the Lease, as the same is extended from time to time in accordance with Paragraph 2 of the same. Should this agreement be terminated as a result of the termination of the Lease, The Center hereby covenants and ~grees to compensate CFY for its pro rata and equitable share of any proceeds received upon such termination of the Agreement as specified in Paragraph 24 of the Lease. . 4. Use of Premises by CFY. CFY shall use the Premises for its administrative offices, and to provide recreational,. sports and other activities to the citizens of this community. The Center agrees to use its best efforts when allocating the use of facilities in the Project among the Sponsoring Agencies (as defined below), to accommodate CFY's p~ogramming needs. CFY shall make no unlawful, improper, or offensive use of the Premises, nor permit its use in any way to become a nuisance. CFY use of and access to (and its patrons' use of and access to) the Premises and the facilities of the Project, including parking spaces, shall enjoy the same superiority as that enjoyed by'YWCA, UPARC, the city of Clearwater, and the city of safety Harbor (hereinafter referred to as the "other Sponsors" or "Sponsoring Agencieslt). CFY shall be charged on a pro rata basis for its use of the facilities of the Project and such charges shall be consistent with and in proportion to those charged by the Center to the Other Sponsors, and shall be subject to the same rules, regulations, and policies as imposed on the Other Sponsors. 5. operatlnQ Expenses. CFY shall be responsible for paying its pro rata and equitable share of the operating expenses of the project not to exceed Four Thousand Eight Hundred Dollars (4,800.00) and payable in equal monthly installments of Four Hundred Dollars ($400.00). The 2 ~ I I operating expenses may include, but shall not be limited to, utilities (exclusive of telephone services), insurance, janitorial service, grounds maintenance, waste removal, water, sewer, replacement costs of capital improvements, and common area maintenance. CFY's payment of its pro rata share of the operating expenses of the Project may be increased or decreased on an annual basis consistent with and in proportion with the annual increases or .decreases charged to the other Sponsors. The Board of Directors of the Center shall determine and levy the assessments for the operating expenses. 6. Maintenance. The Center shall maintain and keep in good condition and repair any and all interior systems, fixtures, equipment, and machinery servicing the Premises, including, but not limited to, all mechanical and electrical systems and equipment, plumbing systems, water-heating systems, and heating and air-conditioning systems. The Center shall also keep and maintain the bathroom facilities in the project, the common areas of the Project, the parking lot and grounds of the Project, and the Center and structural portions of the Project in good condition and repair , including the exterior mas~nry walls and the roof of the Project. Notwithstanding anything contained herein to the contrary, CFY shall be responsible for providing, at its own expense, any equipment, fixtures, machinery, or the goods and effects needed and utilized by it in its daily operations and instruction of its citizens in the premises, and shall also be responsible for paying the cost of maintaining, installing, and repairing any and all such equipment, fixtures, machinery, ~nd other goods and effects. 7. CFY's Fixtures. At the termination of this Agreement, CFY shall, if not in default 4ereunder and if no damage will result to the Premises thereby, remove its detachable fixtures,. equipment, machinery, goods and effects, and those of all persons claiming by, through, or under it, and shall surrender the Premises and all improvements thereto in good order, repair, and condition, reasonable wear and tear expected, to The Center or its successors or assigns. Any permanently-installed fixtures, alterations or improvements shall be deemed real property, and at the option of The Center, shall remain the property of The Center at all times during and after the term hereof. In the event The Center permits CFY to remove any such permanently-installed fixtures, alterations, or improvements, and any damage to the Premises results from such removal, CFY shall repair such damage at its own expense, and shall restore the Premises to the same repair and condition as when CFY took possession thereof, reasonable wear and tear expected. 3 " 1 I 8. Telephone Service. The Center shall be responsible for bringing telephone service to the Project, and CFY shall be responsible for securing telephone service to the Premises. CFY shall also be responsible for making the monthly payment therefore directly to the service provider. 9. Capital Improvements. Should CFY deslre to make any capital improvements to or e~pansion of the Premises, CFY shall first secure the written approval of the Board of Directors of the Center for any or all such improvements, which approval shall not be unreasonably withheld. . 10. Insurance. The Center shall' keep the Project insured as required, to the e~tent applicable, by the provisions of Paragraph 18 of the Lease. Said insurance policies shall include a standard waiver of subrogation clause against CFY and shall name CFY as an additional insured thereunder. CFY shall at all times and at its cost maintain public liability insurance on the Premises with a combined single- limit of at. least $1,000,000.00 for personal i~jury, death, and property damage, which insurance requirement may be increased from time to time at the direction of the Board of Directors of the Center. said public liability policies shall carry the names of The Center and CFY as the named insureds as their respective interests may appear, and CFY shall provide The Center with a copy thereof upon taking occupancy of the .premises and, upon r~quest from The .Center, it shall exhibit receipts showing payment of premiums. Such policies shall further provide that the insurer shall not cancel, alter or allow expiration or other termination thereof without at least twenty (20) days' prior written .notice from such insurer to The Center. CFY shall at all times and at its expense maintain insurance against loss by fire and other casualty with extended coverage on its furniture, fi~tures, inventory, equipment, supplies and personal property located in the Premises, and said policies shall include a standard waiver of subrogation clause against ~he Center. 11. Inspection.. The center, upon giving reasonable notice to CFY shall have the right to i~spect the Premises at all reasonable times. 12. AssiGnment. CFY shall not assign the Agreement or any of its rights hereunder without the prior written consent of the Center which consent will not be unreasonably withheld. If The Center consents to any such assignment, 4 1 I CFY shall only be permitted to assign this Agreement or its rights hereunder to another organization or entity whose mission and purpose are consistent and not in conflict with those of CFY. 13. Compliance with Laws and Requlation. CFY shall comply with all federal, state, county, and city laws, ordinances, rules and regulations affecting or respecting the use or occupancy of the Premises by CFY or the business at any time thereon transacted by CFY, and CFY shall comply with all reasonable rules which may be hereafter adopted by The Center for the protection, welfare and orderly management of the Project and its users or occupants. 14. Cleanliness of Premise. CFY will keep the interior and/or exterior of the Premises clean and will not store any refuse, trash, or hazardous materials in the Premises or in or around the Project of which the Premises form a part, other than in the refuse containers provided by The Center. . 15. Redeliverv of Premises. CFY shall, on the expiration of this Agreement, deliver up the Premises in as good order and condition as it now is or may be put by The Center, reasonable use and ordinary wear and tear thereof and damage by fire or other unavoidable casualty. condemnation or appropriation expected, and CFY shall promptly surrender all keys to the Premises to The Center. 16. Representation of Board of Directors. The Center hereby grants CFY voting representation of the Board of Directors of The Center, equal to the voting representation enjoyed thereon by the other Sponsors. 17~ Siqnage. The Center hereby grants CFY the right to have its corporate sign on Belcher Road as a part of the Center's signage. CFY shall be permitted signage of equal quality, size, distinction, and exposure as the Other Sponsors. In addition to signage on Belcher Road, The Center hereby grants CFY signage in the Center's main entrance/courtyard area, and on all doors and entrances to the Premises. All signage must be in accordance with local ordinances, rules, and regulations. 18. Validity. It is understood and agreed that in the event any provision of the Agreement shall be adjudged, decreed, held, or ruled to be invalid, such portion shall be deemed severable, and it shall not invalidate or impair the agreement as a whole or any other provisions of this Agreement. 5 I I 19. Successors and Assiqns. This Agreement and all provisions, covenants and conditions thereof shall be binding upon and inure to the benefit of the heirs, legal representatives, successors, and assigns of the parties hereto. 20. Survival. This Agreement shall remain in full force and effect and shall survive any merger 'or consolidation of The Center with any other entity, or any merger or consolidation of CFY with any other entity. If The Center or CFY should so merge or consolidate with another entity during the term of this Agreement, such merger or consolidation shall not be deemed to constitute a default hereunder, and the resulting entity shall succeed to all the respective rights, duties and obligations of The Center or CFY under this Agreement. 21. Entire Aqreement. This Lease Agreement and the exhibits attached hereto constitute the entire agreement between the parties and supersede al~ prior agreements.. No waivers, modifications, additions, or addenda to this Agreement shall be valid unless in writing and signed by both The Center and CFY. 22. Governinq Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. 23. Arbitration of controversy. All controversies, claims, disputes .concerning the construction, performance or ~reach of this or any other agreement between the parties hereto, whether entered into prior or subsequent to the date of this Agreement, shall upon demand and notice by either party, b~ determined by private arbitration with the appointment of arbitrators by each side and a third arbitrator by the two sides. The decision of the arbitrators or a majority of them shall be final. 24. Recordinq. This Lease Agreement shall not be recorded: however, a short-form Agreement reflecting the parties hereto, the commencement date and term of this Agreement, and a description of the real property upon which the Project is located may be recorded in the PUblic Records of Pinellas County, Florida. 25. Notices. Any notices provided for hereunder shall be sent by certified mail, return receipt requested, to The Center, c/o Executive Director, 1501 North Belcher Road suite 225, Clearwater, Florida 34625, and to CFY, c/o ' Executive Director, 1501 North Belcher Road, suite 236, 6 "THE CENTE~" I .. f.." I 1 I Clearwater, Florida 34625, or to such other address as either party by written notice to the other may direct. 26. Attornevs' Fees. Should it become necessary for either party to enforce this Lease Agreement by legal process, including arbitration proceedings, all costs of such proceedings, including reasonable attorneys' fees through and including any appellate proceedings, shall be borne by the non-prevailing party. IN WITNESS WHEREOF, the 'undersigned parties have set their hands and seals the day and year first above written. Witness: The Center By: Charles S. Gamble President CLEARWATER FOR YOUTH "CFY" 7 !cerlbu 12, I ?( 2,'8' 19/J/J ~ nGREEHEtH EXHIBIT ( THIS AGREnl!::tlT is I~"de "nd p.ntered into this ~ d"y uf Dcc.;mber I '?BEl. lly ,,"d b!? tWf?en THE CENrER FUUNDiH I UI'J. I NC. . " Florid" i,onprofit corpnr'"Uon, whose .:HJtln::!S5 is ;:I)'.n Gulr-tn..f.\ay [loulE:'- '.f<1rd, Suite "A", Cleilr~li\t!?r, Florid<1 3462:') (hereini:lfter r'?f!?rred to .\5 "FOLtndilt!on"). <lntl HIE UFPER F'INELLAS ASSUCIfHIOtJ FOR r,ETArWED CITIZF-NS. INC.." Floritlu nonprofit corpor"tion. ....hose .,ddn?ss is 21<;'9 Calum!?t, Cle"rwater, FL 34625 (h!?reinilfter r!?ferred to CIS "UPARC"). WIT N E SSE T HI WHEREAS, Foundation is" nonprofit corporCltion developing recre- ..,tlon1\1 i\nd edLlci\tioni\1 fi\cilitles Iher!?lnafter referred to "5 the "ProJRct") on reill property owned by the City of Clearwilter "nd being le"sed to the Cleilr....ater Youth Recreation Center, Inc., under"' that cer- tilln Leilse AgreemRnt dated December 29, 1986 (hereinilfter referred to as the "Lease"), <1 copy of which is attached hereto as EHhibit "A" "nd incorporated herein by re.ference; ilnd WHEREAS. UPrH,C desire9 to use iI portion'ot the Project to establish a f~cllity engagp.d in providing services for citi=ens who are develop- mentillly dis<\bled. ""U who are presently served by. UPAnC or who -shall become eligible for said services according to UPARC admissions crite- ria, L\nd WHEREAS, FOLlndation finds that such use ot the property is proper pUblic purpose; and WHEREAS, FOLlndation intends to establish i'I construction fLlnd for the purpose of generatinQ monies to construct the Project Clod its Improve- ments; Clnd for i'\ WHEf\EAS, UF"~\r,C intends to invest in the F'roJect by m,,':lnQ a contri- bution to such constructiun fund of certain monies to be used for con- struction o'f the Project i'lnd its improvements, ) NOW, THEREFORE. in consideration of the premises i'lnd 01 the faith1ul performill1Ce by oi'lch of the partle9 of the covenClnts and a'1r~ements bO?- t....een each other milde, it is mutually agreed between the parties hereto i'IS 101 lows: . Hot JA.iyV0Y t uz.., (lb J\I ~)...t? 1. User Fee. For .,I1d in consider.:.tion of the sum ot One Dollar 11;1.(11)) per yei'lr, ilfld other good L\nd vi:\luilble consideration to It in hand paid by UPARC. tile receipt and suff iciency of which arc hereby ac- I:nowledyed, FOL.ndL\tion does hereby L\ssign UPARC the use of that certain portion 01 the Project which is more pi:\,ticulL\rly described on E:chibit "0" attilched hereto L\nd incorporated herein by referenCe (hereinafter referred to i\S the "Premise!)"). ~~~i IJ-?VP !J 063 UPARC tL\kes occupancy of the Premises. i:\nd shall continuv lor <\ period ~ 4 con s i 5 ten \: ..nd c oi flC i den t with the ';erm 0 r thl? Lei:\se <\ t t.:lC hed her?-~~, "j....P Af.... Co .~nd incorporated hen?ln .~s Exhibit' {'\". At the en\.L.oL_t.tle initl",l l.lE.J yei\r period described in s.~id Leilse, UPARC may, upon one y~-;~.s-~ttcn -y\f\-lJ-:\,. oJ' notice, elect to terminate this i:'Igreement, together with all rights .:llld j (~~"-.b~.~ responsibilities L\pperti:\ining thereto. '~I ~ .:.. ~ The tE?rm of this Agreemen t shi:'lll commence on the lI",te 3. Use of ~ls~~ b~11h UPARC shall u"e thtl' Pr~lIIiscs to t.Ie- ,,~lop 1aciliti!!s which will provide educationill, voc.'\tional, .,ncJ olll'2'- opportunities ..nd services for the citi:zen!' or thl? co",munity ~,ho h,",ve a developmental disi\bility. UrnRC shall m"I:€? no LI,.I.~....flll, lmproper or of rcnslve use of th~ PrE?rrtlses, 110r permlt Lts ll!1e 1n i\IlY ~I"Y to bec.:LJmn i\ nuisi\nce. UPAnC's lISE;' of tilL' Premi;.!?!] i\nd faciliti'?s of tl'e projr.r:t, Including parl:int) SPilCr.:S, shill I E?nJoy the saml? slIpl!rlorll:}' i\S th.~t en- Joyed by r.:leL\r~l"lcr for Youth .'\nu lhe CIty or CII?lrw..,ter F<4rl:s .,nd B~c-, rl?i\tlon Dl?pilrtm!!nt. The Founui\tion recol)ni:zes that not II?S9 tlt.,n I::il) non-e::cluslve parl;llll] Spi'C!!!J mLlst bl? i'lv."\il",lJll? for UI'iU,C ~t.,f( "nd vol- llnt!?ers t1urlng e.,ch I;Iorl-.inQ dilY. ,) WTldru-r-.,rlV tt;1? of I'r~lnio;p.s._ Found"tlon :;h.,11 bo:? ,'llowed \:0 per),,)t otlu?r rJrO\lp~ or org.lrllz.,'tlon5 to LIS'.:' the "'rClnlo;~s with 1.1l'? 1J,.llJr .",11':1,"1 (:'rJt/1! .'\IIt.! ...t"J '.tP.1I t:IJIlSCllt of ur-nl\C, ;:19 10"11 ."\5 5\1t:11 LIS!:' rJuc.>S 1l'J~ cnllfllct ..dth thO! Llo;'~ th,!rcof by UF'"I1I,C. SI10\lIU"l t1lLrtl-p"rty b'? Df)r- ml tt~tJ to 1I~(! t.h~" r'rr.:-mi:,,[.';, s."lid lh1r-d-r;\r~y Lt~pr :ih., I I lH! ;\-;;;;<<:":f~L~d its p"-o r."'\tl\ "ntJ L"qult..,tJlt, !\"_,re 01 the ccc:un,,'ncy r!':lnC!n~l"~ jrlcu"r~:J tlurlrHJ '-{, to.:J;J. wX .C(5vV~cJ1-Y } .;.'t-. , . vI:- (i}-/~ ~ )'~i;V 0:L r~\) ~\ji t'V . .~ ~t\~1. lJ(V l("~j'P" ,v ~ .) ,j: .""l j 5."ld month. or." S!!t fC!p. <IS tletp.rmint:'d by th!;' L'o.:>.rd t.. Trll!>t:t.'!?S of the FOllI'u"tlon. ,1nd <;.:dd "mollnt 1n 1t9 C?nt1r~ty sh"I! be crC!tlltp-tl to UPAI~C. :3. Contrlbutlon to Construc tion FunrL. To provide 'untls tor the construction of the Project, UFARC hereby covenants and ~grec~ to con- tribllte thl? IlroCE?cds It rcceivl?!l from the Side of its 8.4 ilcres located :"t 219'1 Call1n''?t, C1Earw.:Iter. FL 34625 (thl? "E:::bting Filcility"), Dr Une ~filJlon dolJ.,rs (1il,l)I)().I)(l(I.OO), wldchever is less lthe "1,Jp(mC Contrl- blltion"), to thl? consl:rllction 1und creilted by FountJill:ian forth!? Froj!?ct. Upon complete execution 01 this Agreement, UPARC covenants and agrees to begin mar~etinq the Enisting F~cility for sale, and agrees to ~romplly tna~;e diligent and good-t.:\ith l?f1ort to c':lnsummate the sale. UFAnC shall be the sole Judge 01 the reasonableness of an 01fer to purChase said property, and does not guarantee that such a sale and purchase will occur. UPARC 1urther agrees that upon the Clos- ing of the s.,le of the E:dsting .Faci Ii ty, UPAf\C shall PLlY to FOltndiition the UPARC Contribution. In the event the sales proceeds r.eceived by UFAnC consi9t of cash and a promissory note and mortg~ge, Foundation shall receive all cash proceeds available at the closing. as well as all payments together with interest th~reon until such ti~e as Found6- tion ha9 received the total UPARC Contribution, plus all interest on the dco1erred p^ymentll. In th.. DVBnt thQ cloQing shllll t..k.. pl..co pr'ior to UPARC ta~ing occupancy of the Fremise9, the UPARC Contribution real- i ;:ed 1 rom the closing sha II be inves ted a tara te and f or a term wllich !>hall be do.?termined collectively by both the Board of Directors of UPARC and the ~oard of Trustees of Foundation. Any lnterest earned dur- ing this perlad shall be crl?dlted to UPARC. 6. Allocation 01 Ey.oen~es. I t is the intent of the pal-ties hereto that UPARC shall operate as a separate and freestanding entity. To ef- f~ct this goal, and to the extent possible, the Found~tlon shall secure separate m~ters and billings for utilities provided to the Pre~ises, separate HVAC systenl 10r the Preml~es, separ"t:~ telephone service to thO? P'"e,nises, and i\ny other system or s'.?rvice req'_lirl?t.l by IJFARC to con- duct i\;s regular activities at the Premises. :To tho.? extent that Foun- u.~ tlon Ci'lnnot S[!CLlre separate met'.?ring or bilL 1"9S for s~r'vil:es ,"en-_ dered to the Premises, the DOi'lrd of Trustees 01 thO? Foundation. shall assess UF'ARC. ~o"thJy for its pro r.,toll ...nd equitable sharp. of the us...,!!' thO?re01. Thcse services may inch.lde, b\,t sll"ll not be limited to, y"r- bage disp09a1 or trash pickUp. The term "pro r..t" and equitable share" as used in this ~gr2ement Shill I be defined a~ the percentage 01 building footprint occupied by UFARC f..cilities as compared to the tot~l building footprint on the property. 7. Halntenance. Replacement and Opl?ratLflQ E:(pen~e'1. UFIl';;C shall be rcsponsiblo for paying th~ cost of maintaining and repairing any and .:\11 interior systems, 'fixtures, equipment, and m<lchin!:'I-Y servicing ac- tually used by UPARC and under it!] control. UFARC shall p,-,y tor any repalrs or improvements mad~ by it, or mftde by another pursuant Lo its r~QuO?9t or instruction,' to the Premises. IJPARC shall provld~ at its e~pen9O;! any equipment ne~ded and utilized by it irl il:s dAily operations and instruction of its citizens in the Premises. Foundi\tion sh<\ll assess all us':?rs 01 the project, including UPI\HC, for their pro rata and equitable share of the exterior andlor common maintenance, replacement, and operating e"pen~es incurred by the Project. The Board of Trustees of the Found~tlon shall determine ,Hid levy said aSges9ment9 from time to time. " 8, C."pital Improvements. Should UPARC desire to mal:e any Cilp!t,,1 improvements to or e::pan9ion of the Premlse!l, uPl\nc sh.111 first st!cur~ the written appro",,1 of the Do..rd of Tru!1tl:"es of the Found"1tiol1 for any 'or <\11 such improvements. Such "pprovil) shall not be. LJnre.,sanilbly \oj i thhe itJ . 9_ Insurance. Foundation shall keep the Project lnsuro.?d as re- quired, to the e~tent applicable, by the provisions of Paragraph 19 of s.,ld Lease uetween till!' City of Clei\rwOlter illld the Clearwi:\tl?r Youth I~~c- rei1tion Cellter, Inc. Said Insur.:\nc!! pollcl!!9 9h.,11 include a !;t....nd.:u.tJ. Hiliver of !lubroQat1.on c;liluse again5t UFAf\C. Foundation s""llo:':"~Hle'l!l UPI)f\C i.nd i\ny oth'2r t;imilar U!]er9 ot the ProJl1ct tor'their pro rata ,,"L1 nqu.itable 91l"r" of !luch in5uranco premi.llm, "''1 dl!t!:!rl'llncd 1rom tim~ ..to timn by th~ OOi\rd of Tru:Jtcl1!C', DnrJ ur"Bc !>h.,11 UO n,\",~tl ."1 11" "ddi- tlon.>1 ln~urctl an ,,11 n;dd policle;, -. --------..-- --'- .-- I 11 ,-' ()-fl ~~ ". I (J",o,j c.JvV . I Ii" ',- f I l l~;.t..JN.-.J V:N"V'" 1() O~~,;'y fUf/lr . I. ~ ~ ~ ) IVf:::V.l../L-' (a) Ur-,,"C~, J ilt .~ll timE:!5 ':\rId i\t it!:! ca!:;t ,.,.:. ilin Pllblic li- '\ lJ\ -\ ~\,.I)..~billtY in!:!L1rC\nce on the PremIses wIth <\ combined singl~-llonIt ':Jf at V ' .' ,,(I leilst ~I ,r)(lI),')(JI).(lI) for per:.onill InJllry, dE.'ilth, "nd p"operty d",nIlH}C. y. I f..J I,Vc'l Si\ld pllblic 1I,1bllity policies shall carry both the nilmC!9 at Foundation G\jJ1V.J.L..J.) ilnd UPAnC il5 the named Insured .HI their re9pectiVE' Intp.'"ests 'nilY ilppCi\r <,\' 'J ,u ' ilnd UP ARC shall provide Foundation with CI copy ther':'of ilt comr.lellccmp.nt , ,Y" of constrllt;tlon ilnd llpon request 'from Found,1tloll. it slli\ll e::hiblt re- ,~/,N ceipt9 showing p;\)'lllent of premiums. Such policies slh~11 f'_lrtht'r pro- r vide that tl1r. Insurer sl1all not cil'H:el, "Iter or ,~llo\" c:<riri\tian or , other terminC\t1ol1 tl1en?of wi thout C\t leilst twenty (::::0:1) UilYS ~ri.or IH'l t- ten notice Irom such insurer to Foundation. (\j) f\ jY \) ~I j~ -,iY G I~C VVY'~ ~r3' ~ ) * ) (bl UPARC shall at illl times and at its expense maintain insur- ance C\gainst loss by 1ire and other casualty with e~tend~d coverilge on its furniture, tiatures, inventory, equipment, supplies and personal property located in the Premises, and said poliCies shall Incluue a stilndard ~aiver of subrogation clause ag~inst Found~tlon. 'Y~ r 10. P~vment 01 Tages. UPAnC shall pay its pro rata or equit~ble sh~r'? of any feuer",l, stilte and local ~ilxe" and special <lsSeSsmef,ts which may be levied ~n the Preml~e~ and any imp~ovement9 pl~ced thereon, but it 1s a?rccd that the uses h'?re1n conte,nplated serve pr'oper, pUblic and municipill purposes, and the parties in no way waive ill1Y e:lemptions permitted by law. (i). InSOl!cl:lort. r-olltldation, lIpon Qlving reason~bJe Ilotlc,," to UP(~RC, shall h~ve the riQht to lnsp,:ct the premises at all reasonable times. 1:2. C..re of Pren.tses. UPAnc will, at its e:~pp.ns,? .'.eep th'? interior of the Premises in gooU re~~ir ..nd condition uuring the term of this Us'? ngreeme"t.~ UPARC will m..ke no alterations, ~dditions or improve- me"ts of any kind in or to the Premises without the written approval or conseflt of the [loard of Trustees ot the FOl.lndLltlon, which shall nof; be unreasonably withheld. Any such alterations, additions or .improvements r~Questp.d by U~ARC and ilpproved by the Board 01 Truste~s shall be paid- for by upnnc. Foundation wi~l maintain the roof~ the structural el- en,ent!i, the common b?lthroom facilities, the common areas. of the Project, the c"terior of the Project, the parking lot and grounds, and common plumbing systems in goad order and repair. 13. Assignmenh UPI=lRC shah not a55ign this agreement 0'- any of its rigl,ts hereunder without the prior written consent of the Foundation. Such consent will not be unreasonably withheld. 14. Termination of Aoreement. Should this Agreement be termin,:,ted ~s a result of the termination of silid Lease between the City 01 Cl'?arwater and r-o\.\l1dation, Foundation herehy covenants and agrees to compensate UPAnC for its pro rata or equitable sh<:ire of any proceeds rp.ceived upon such termination of this Agreement as specified in Para- graph 2~ 01 the Lcas~ b~tH~en the City and The Foundation. IS. Comoliance with laws and R~Qulations. UPARC shilll comply with all federal, state, county, and city laws, ordln....nces, rules and regulations affecting or respecting the use or occup~ncy 01 the pre- mises by UPARC or the bllsines9 at any time thereon tran~acted by UPARC, and UPAIlC shall comply with all r'?asonablc rules which may b~ h'?rea1ter adop~ed by Foundation 10r the protection, wel1are and orderly. manage- ment of the Project and Its Users or occupants. 16. ClCrlnllne!ls of Premls!!'s. UPARC will k!!'ep the inter10r of the prendse!\ clean i\nd \>1111 not store any re1use, trash, or ha;:ardolls Inutc- rl..15 in the Pre,nises or In or around the Project of which the Premises form ... p...rt, other than in the refuse cont~iners provided by FOllntl",- tiol1. -- - 17. ncuellv,?rv 01 F'rem!ses,- U~AnC shall. Of' lhe el:pir"tion of thIs Agreement, deliver up the Premises in a!l good onJ!!r ilflU condition i\S it now is or may be put by Foundation, reasonable Use and ordinilry wear and tp.ar thereol and d",nage by fire or oth~r 1If1avoidable caslIalt)." con- demnation or approprIation e:<ceptl?d, <'Ind UF'AI1C sl1all IJromptly surrender ...11 keys to the Premlse!l to Foundation. 1 fJ. V" Ildi tv. J t 1 sunders l:ood .:ImJ ilyr!:'l?d th., tIn the ev~n t ClIlY provIsion of tld!! agreement !lh;:,ll he &\(fJlHJ')ed, decreed. tml'J, or ruled to be invalId, sllch portlon sh.:1I1 be deemed severabl'? ilnd it sh<~ll not invulidiltt.' or impair the ':\l)rel:'lnent as il whole or illlY other provision!! !. . . of this Agreement. 19. Successors ':-f1U ns,,_Lq~ This I'Igrel?lnent ~nd .:111 nrovisions. COy- en",nts .:-ntl conditions thereof shilll be binding llpon .md inure to the benefits of the heirs. leg",l representLlt:lves, Sllc:c!:'ssors, ilnd Clssigns of tile' p~rt1es hereto. 21). Sllrvlv~l. Tllis Ayreement shill I r1:lOl",Jn in full force ..nrJ ef fec t and 9hLlII survive any merger or consolidi\tion of Foundi\tion with any other entity, or any merger or consolidation of UPARC with any other entity. If Foundation or UPARC should so merge or consolidi\te with an- other entity during the term of this Agreement, such mt!rger or con- solidation shall not be deemed to constitute a default hereunder. and the re9ultlng entity shall succeed to all the respective rights, duties and obligations of Foundation or UPARC under this Agreement. ~ Should the Center Foundation cease to eKlst or become inc:apablt! of op- era ting The ProJ ec t. wi thou t. i'lsslgnmen t.. to' an' approved. successor," UPARC: .-.....~.H. '"..-. .,.....(\!o,{i'\.~t..;o...\..~... shall h-'lve a right of first refusal to succeed to the interest of The ... Center Foundation according to UPARC's use of the premises upon the same term9 ~nd condition9 ~9 set forth in tho Le~so with the City 01 Clearwater. 21. Entire AQreement. This Use Agreement and the exhibits atti\ched hereto constitute the entire agreement between the parties and sup~r- sede all prior agreements. No w~ivers, modific~tions. ~ddltlons. o~ ad- dend~ to this Ayreem~nt shall be valid unless In writing and signed by both Found~tion and UPARC. - 22. Govern 1nQ Law. This Agreemen t shi\ll be governed by ....nd cons trued in accordanco wIth the li\wS of the State of Florida. 23. Arbitration of Controversy. All controve~sies, claims, disputes concerning the construction. performance or breach of this or any other agreement between the partie9, ....hether enter~d into prior Dr subsequent to the date of this agreement shall Upon demand and notice by either party be determine~ by arbitration in accordance ....ith the rulos of the nmerican Arbitration Association. The a....ar~ of the arbitrators or -'l majority of the.m shi\ll be final. ) :24. RecordinQ. Thi!J Use Agreement shall not be recorded; however, a short-form Agreement reflecting the parties hert!to, the commerycement date and term of this Agreement. and a derocriptLon of the real property upon which the Project is located shall be recorded In the Public Records 01 Pinellas County, Florida. 25. Noti~ nny notices provided for hereunder sh~ll be sent by ~ertified mi\il. retu~n receipt requested, to the Found~tlon, c/o Ex- eCLltive OIre>::tor, 2/):37 Gul f-to-[lay [loul evard. Sui te "f'I.... Clea,.....at!?,.. Florida 34b2~, and to UPARC, 2199 Calumet, Clei\rwater. Plorida 34b25, or to such other i\ddress as either party by written notice to the other may direct. IN WITNESS WHEREOF, the undersigned parties have set their hands and seal the day and year first ~boye writ~en. .li/tnrsS~51 /Al.dL'~ C- ::E2- THE CENTER FOUNDATION, INC. By: ,~ld"t.i~~ ~ ';;;;;'~K-/ President: "FOUNDATION" HIE FOR UPPE~ PlNELLRS nSSOCIATlON R l1:\RDEO CIT~;g:' INC. . ~):e,z{jl OH-LY~ Pre9J.dent: nYI DA t!I/fl' / [)1J-1-.Y-11~ "UPARC" ) TAIlS AGREEMENT, is made and entered into this Z s: . day of ~I/~/L , ~990, by and between THE CENTER FOUNDATION, INC., a Florida nonprofit corporation, whose address is 1501 North Belcher Road, Clearwater, Florida 34625 (hereinafter referred to as "Foundation"), and the city of Safety Harbor, Florida, whose address is Florida (hereinafter referred to as "SHF"). mIEREAS, Foundation is a nonprofit corporation developing recreational and educational facilities (hereinafter referred to as the "Project") on real property owned by the city of Clearwater and being leased to the Clearwater Youth Recreation Center, Inc., now known as The Center Foundation. Inc., under that certain' Lease Agreement dated December 19, 1986 (herelnaf.ter referred to as the "Lease"), a copy .of which is. attached hereto as Exhibit "A'" and incorporated herein'by reference; and . ,. \ -~ . , I ... '. ~ ~f EXHIBIT D t .-' :~ / , . AGREEMENT USE WHEREAS, SHF desires to use a portion of the Project to. estab~ish an office and to provide educational, recreational, and other. services to its citizens' and their families; and WHEREAS, Foundation finds that such use of the property is for a proper public purpose; and WHEREAS, Foundation has established a construction fund for' the purpose of generating monies to construct the. Project and .its improvements; and WHEREAS, SHF. agrees to invest in the Project by making a contribution to such construction fund of certain monies ,to be used for construction of the Project and'its improvernents,.as'. more specifically described hereinafter. . . . ,. . ." NOW, THEREFORE, in consideration of the'premises and .of the faithful performance by each of the parties of the covenants and '.. agreements between each other made, it is mutually agreed between the parties hereto as follows: ".. -; \ " 1. Recitals. The above recitals are true and correct and'~ incorporated herein by reference. 2. Premises and User Fee. For and in consideration of the sum of One Dollar ($1.00) per year, and other good and valuable consideration to it in hand paid by SHF, the receipt and sufficiency of which are hereby acknowledged, Foundation does hereby grant and assign to SHF the exclusive use of approximately 400 square feet of the Project, which shall consist of three (3) offices, as more particularly described and depicted on Exhibit "B" attached hereto and incorporated herein by reference (hereinafter ref~rred to as the "Premises"). ,I I 3. Term. The term of this Agreement shall commence on the date SHF taKes occupancy of the premises, and shall continue for a period consistent and concurrent with the term of the Lease,' as the same is extended from time to time in accordance. with''';' .-.,,'.:, Paragraph 2 of the same. Should this Agreement be terminated. a's"~' result of the termination of the Lease for any reason, Foundation~ hereby covenants and agrees to compensate SHF for its pro rata and equitable share of any proceeds received upon .such termination of~ this Agreement, if a~y but in no .event less than $375,OOO.~O~plus~ 1/6th of the unrestrIcted endowment unless .SHFcont'inues. .to.:enjoy:.'!'. the rights contained herein under the same terms and conditions. :. herein. 4. Use of premises by SHF. SHF shall u.se the Prellli ses to provide educational and reareational services, and 6ther oppor-. '.~ tunities and services to its citizens. :SHF shall make no unlawfti~' improper, or offensive use of the premises., nor.permit its.use.in~ any way to become a nuisance. SHF's use of and acce~s .to (and. it~. citizen's use of and access to) the Premjses and the facilities of the project, including parking spaces, shall enj6y.the same: superiority as that enjoyed by Clearwater for Youth, UPARC,':.the'..".. city of Clearwater Parks and Recreation .Department, and. 'YWCA..'..... ..' (hereinafter referred to as the "Other Sponsors'" or ."SPC?nsoring. _.... Agenc i es"). . Any resident or . member of a Sponsoring. Agency. shall 'b ent i tled to participate in a sponsored activi.ty of another '. . Sponsoring Agency for the same fee as. that .charged of memb'ers: or..:' : residents of the Sponsoring Agency, so long as.there .is unfilled' space in the sponsored activity. SHF shall be .charged. on.'a:..pro '..~ rata basis for the use of the facilities .of the. Project: and,'.such'::., charges shall be consistent with and in proport'ion. to those~.chaig~ by the Foundation to the Other Sponsors, and shall be' subject.: to : ;. the same rules, regulations, and policies as imposed. on.'.the"Other.': . . . ''#', \' ...1 Sponsors. . .'. :. ."::'~:~::";::'."'" ., '~',' J.:.,. ~.' .,: ~. :;;. ....,... .', . " . t'~.' ..... .,. r ..'~.';I:..'. ", "-_,,,:-, . " . ".:' ",: :.t,;,:it.~.~' ~. OJ ~;.; . .. . ..: :~:~t~i}:X::::~ :. ":"":f~'.':~'.::':~ ,:: '!~'~ ......,...t..,.. " '. .... II'.:..':.' ~. '. " I 1 I . 5. Contribution to Construction Fund. To provide funds for the construction of the Project, SHF hereby covenants and agrees to contribute to the construction fund, Three Hundred Seventy-Five Thousand and No/lOOth Dollars ($375,000.00). Said contribution (the "SHF Contribution") shall be made within fifteen (15) days after the issuance of the Certificate'of . Occupancy for the Project by the appropriate governmental:'agency.", ',' . .... ..", ". 6. Operating Expenses. SHF shall. be responsible for . paying its pro rata and equitable share of the. operating expenses' of'the premises not to exceed Seven Thousand Two Hundred Dollars'. and No/IOOths ($7,200.00) during the first year of the term . .. 'hereof, payable in equal 1110n thly ins tallments of Six Hundred and" ,.;, No/lOOths Dollars ($600.00). The operating expenses.may.include~~~ but shall not be limited to, utilities (exclusive of telephone. ".~ '" services), insurance, janitorial service, grounds maintenance" waste removal, water, sewer, replacement costs of capital ~ improvements, and common area maintenance. SHF's.paymenf..of..its~.: pro rata share of the operating expenses' of the Premises may be .' increased or decreased on an annual.~as~~ ,~ons~stent.with.and.in" . proportion wi th . the annual.'increases.'':or''\'de-t:r'e'a's'es.'!f.''cn~'rge'd~,ft'~~tnel.1:~~ Other Sponsors. The Board of Trus tees of the Founda tion.. shall '.. '.;" determine and levy the assessments for the operating expenses. '. .' ...... .. ,:'1'" '. -~ 1:.. . '. I" .. .': :.. .1..', ,'". _..t... .... . ,",. ..,..... .... "'t ~." :.';. : l:. '.;..: '. .. ,. ',. ..... '~:~........'.f..~..;.. .,. . . ....... J. . ..~....:., .....!",.~. .. '. ," . ': .' ;~.', '7," ~~.:.:: . ",. . ~ .:.. ,I.. '.~ ~'.~>~~~'::':.:~:;~ ., .::;:.:.;:~ti~'~~~;:~,.:~ : .. .' .' .. .~~. : .. , "'~ .. .~'." ,....\..J"'.~. I I 7. Maintenance. Foundation shall maintain and keep in good condition and repair any and all interior systems, fixtures, equipment, and machinery servicing the Premises, including, but not limited to, all mechanical and electrical systems and equipment, plumbing systems, water-heating systems, and heating and air-conditioning systems. Foundation shall also keep and maintain the bathroom facilities in the project, the common areas of the Project, the parking lot and grounds of the Project, and the foundation and structural portions of the Project in good condition and repair, including the exterior masonry walls and the roof of the Project.. Notwithstanding anything contained herein to the contrary, SHF shall be responsible for providing at its own expense, any equipment, fixtures, machinery, or other goods and effects needed and utilized by it in its .daily ..:' operations and instruction of its citizens in the Premises, and shall also be responsible_for paying the cost of maintaining, installing, and repairing any and all ~uch equipment,. fixtures, machinery, and other goods and ~ffects. 8. .SHF's Fixtures. At the termination of this Agreement SHF shall, if not in default hereunder and if no damage will ' result to the Premises thereby, remove its detachable fixtures, equipment, machinery, goods and effects, and those of all persons claiming by, through, or under it, and shall.,surrender the Premises and all improvements thereto in good order, repair, and condition, reasonable wear and tear excepted, to Foundation or its successors or assign~. Any permanently-installed fixtures . . . , alterat1ons, or 1mprovements shall be deemed real property, and at the option of Foundation, shall remain the property of Foundation at all times during and after the term hereof. In the event Foundation permits SHF to remove any such permanently- installed fixtures, . alterations, or improvements, and any damage to the Premises results from such removal, SHF shall repair such damage at its own expense, and shall restore the Premises to the same repair and condition as when SUF took possession thereof, reasonable wear and tear excepted. 9. Telephone Service. Foundation shall be responsible for bringing telephone service to the Project, and SHF shall be .. responsible for securing telephone service to the Premises. SHF shall also be responsible for making monthly payment therefor directly to the service provider. . . 10. Capital lmprovements. Should SlIF desire to make any capital improvements to or expansion of the Premises, SlIF shall first secure the written approval of the Board of Trustees of the Foundation for any or all such improvements, which approval shall not be unreasonably withheld. 11; Insurance. Foundation shall keep the PI'oject insured as required, to the extent applicable, by the provisions of Paragraph 19 of the Lease. Said insurance policies shall include a standard waiver of subrogation clause against SlIF and shall name as an additional insured thereunder. : I I . . SHF shall at all times and at its cost maintain public liability insurance on the Premises with a combined single-limit of at least $1,000,000.00 for personal injury, death, and property damage, which insurance requi~ement may be increased from time to time at the direction of the Board of Trustees of Foundation. Said public liability policies shall carry both the names of Foundation and SHF as the named insureds as their. respective interests may appear, and SHF shall provide Foundation with a copy thereof upon taking occupa~cy of the Premises and, upon request from Foundation, .it shall exhibit receipts showing payment of premiums. Such policies shall further provide. that the insurer shall not cancel, alter or allow expiration or other termination thereof without at least twenty (20) days prior written notice from such insurer to Foundation. SHF shall at all times and at its expense maintain' insurance against loss by fire and other casualty with extended coverage on its furniture, . fixtures, inventory, eqUipment, supplies and personal' property located in the premises, and said policies shall include a standard waive.r of subrogation clause aga.tnst Foundation. . '.. "; . .'. .....~~ -I,' .. , 12. Inspection. Foundation, upon giving reasonable notice . to SHF, shall have the right to inspect the Premises 'at all....... . .. '.' I,!,., reasonable times. 13. Assiqnment. SHF shall not assign this Agreement or any of its rights hereunder without the prior written consent of the Foundation, Which consent will not be unreasonably withheld. If Foundation consents to any such assignment, SHF shall only be permitted to assign this Agreement or its rights hereunder to another organization or entity whose mission and purpose are consistent and not in conflict with those of SHF. 14. Compliance with Laws and Regulations. SHF shall comply with all federal, state, county, and city laws, ordinances, rules and regula~ions affecting or respecting the use or occupancy of the Premises by SHF or the business at any time thereon transacted by SHF, and SHF shall comply with all reasonable rules which may be hereafter adopted by Foundation for the protection welfare and orderly management of the Project and its Users or ' occupants. . 15. Cleanliness of Premises. SHF will keep the interior of the Premises clean and will not store any refuse, trash, or hazardous materials in the Premises or in or around the Project of which the Premises form a part, other than in the refuse containers provided by Foundation. ,16. Redeliverv of Premises. SHF shall, on the expiration of this Agreement, deliver up the Premises in as good order and condition as it now. is or may be put by Foundation, reasonable use and ordinary wear and tear thereof and damage by fire or , I other unavoidable casualty, condemnation o~ appropriation excepted, and SHF shall promptly surrender all keys to the Premises to Foundation. 17. Representation on Board of Trustees. Foundation hereby grants SHF voting representation on the Board of Trustees of The Center Foundation, Inc., equal to the voting representation enjoyed thereon by the other Sponsors. . lB. Siqnaqe. Foundation hereby grants SHF the right. to have its corporate sign on Belcher Road as'a part of The Center's signage. SHF shall be permitted signage of equal quality, size, distinction, and exposure as the Other Sponsors. In addition to signage on aelcher Road, Foundation hereby grants .SHF signage in The Center's main.entrance/courtyard area, and on all doors and entrances to the Premises. Allsignage must be in accordance with local ordinances, rules, and regulation. 19. Validity. It is understood and agreed that in the' event any provision of this Agreement shall be adjudged, decreed, held, or ruled to be invalid, such porti?n shall be deemed severable, and it shall not invalidate or impair the agreement as a whole or any other provisions of this Agreement. 20. Successors and Assiqns. This Agreement and all provisions, covenants and conditions thereof shall be binding upon and inure to the benefit of the heirs, legal represent- atives, successors, and assigns of the parties hereto. 21. Survival. This Agreement shall remain in full. force and effect and shall survive any merger or consolidation of Foundation with any other entity, or any merger or consolidation of SHF with any other entity. If Foundation or SHF should so merge or consolidate with another entity during the term of this Agreement, such merger or consolidation shall not be deemed to . constitute a default hereunder, and the resulting entity shall succeed to all the respective rights, duties and Obligations of Foundation or SHF under this Agreement. 22. Entire Aqreement. This Use Agreement and the exhibits attached hereto constitute the entire agreement between the parties and supersede all prior agreements. No waivers, modifications, additions, or addenda to this Agreement shall be valid unless in writing and signed by both Foundation and SHF. 23. Governinq Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. 24. Arbitration of Controversy. All controversies, claims, disputes concerning the construction, p~rformance or breach of this or any other agreement between the parties hereto, whether entered into prior or subsequent to the date of this Agreement, ahall upon demand and notice by either party, be determined by arbitration in accordance with the rules of the American .. , . Arbitration AssoJkation. The decision of tIle arbitrators majority of them shall be final. 25. Recording. This Use Agreement may be recorded: or a short-form Agreement reflecting the parties hereto, the commen- cement date and term of this Agreement, and a description of the real property upon which the project is located may be recorded in the Public Records of pinellas County, Florida. or a 26. Notices. Any notices provided for hereunder shall sent by certified mail, return receipt requested, to the Foundation, c/o Executive Director, 1501 North Belcher Road, Clearwater, Florida, 34625, and to SHF, c/o City Manager, Safety Harbor, Florida, 34695, or to such other address as either party written notice to the other may direct. 27. Attorneys' Fees. Should i~ become necessary for either party to enforce this Use Agreement by legal process, including arbitration pro~eedings, all costs of such proceedings, including reasonable attorneys' fees through and including any appellate proceedings, shall be borne by the non-prevailing party~'~ IN WITNESS WHEREOF, the undersigned parties have set their hands and seals the day and year first above wri~ten. . .'t'.: .,. : ,t. ; ~J ~.:~,..).~..,:.1;is.;,~,:'~:!:~.~~~'~~;:j~..! .l'.:' ;):"'I'i.~t~Y'l:.".~~~/,'!>.l!~~:s!!.~h'~'~'.i.~.;:'t.tt: Witnesses: THE CENTER FOUNDATION, INC. '-. ~)d.~-~ "FOUNDATION" CITY OF SAFETY HARBOR.. FLORIDA B "- '.. . ssioner 'l ~' C. &~r('<-~ ~ By: ATTEST: fJ{/J ~" ~ Robe.t:e . Hoskins, City Attorney 5k4-?'~&/ >GId'~ Deputy ci ty. Clerk III, "SHF" '. '. STATE OF FLORIDA~' COUNTY OF PINELLAS I. " ) ) ) 55: I a I hereby certify that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Frederick E. Fisher, Chairman, Center Foundation, to me known to be the person describe. in and who executed the fbregoing instrument and he acknowledged ' before me that he' executed the same. ..... WITNESS 'my hand and offici~l seal in 'd~:tu ~k..:/'Mi Pinellas County, Florida, this .,?~ti,day of April~O. ' . d My Commission Expires: HOTARY PUUllC STAlE OF rlORIO~ ~y COMMI'~IQ. (,~. r.~R JI.J~91 GCHCtD :;;;:u cr~t;:~:. ISS. cr.:I. .':: .. . ,\,.it/lIl/ Q ,,'."\;, (, \'l/: ,\,' \" '......., ~ ~ // .,,' (. ... ,I 'd/7t.~-'4~~~.!.,/ ~<:.,\ (.Notary Publ1C t j., t.... / \. "~ \, '.. ( . . ~. 'l'.. '.... : " 'r; I. "', (", " I, "./, '., \ ..1. ...,.. '. , . .. '. " STATE OF FLORIDA ) ) 55: ) .. __. ..~t 10 '~~il'..r.~.;' .! .:.:. COUNTY OF PINELLAS I hereby certify that on this day, before me, an officer _., duly authorized in the State aforesaid and in:':..th~t4f;R~H!\~;YM:~I;~h.~~~!P'~' to take acknowledgments, personally appeared /1RTH~,R leu,',utZ ,...... -:JOllA,) JI'OOf.,C.}I.Je?~ .' City of Safety Harbor, to me.known to be...~. the personsdescrl.bed 1.n and who executed the foregoin'g" instrument~;;~:: 'andfhejacknowledged before me thatfheyexecuted the same. ...... ...~~::.: . . WITNESS my band, and official' seal in 51Jk~ ;I-!?~6te pinellas County, Florida, this ~~~ day of 'April, 1990... . ....r: '.. ~. ,~.:a:. My Commission Expires: t florlda Nobry ~u~\lc. s~a~e J~ 30. 1993 My CommlWon [J.pll .. .:..'.. . '.'. .:..... '.1\ -..i\ ,..~ ~-:":I . ';. .. .... :.!..:".' //) 1/7 . 1 ~\\\\lI,l\lIliii~~ (//~lr; ~J 1.(" . ..;..... t. . ..... "'.; .. ( '.' .'. . .... .":' .~' t I .:.: I'~ I I .,-,... .... \" -;. . r , ~, ~, .... ' I '. 4 ; ,. '. ,... c /:.' ';, . '.' ", . .,' ,,\ "., . I. 'I' t '. ~ I , ...... \ .;. I, r /:11 II '/ " '",', /illl I 1111.\ ',' ~ I Exhibit E' Core City of Clearwater Programs at the Long Center Current City core programs (including but not limited to) scheduled at the Center: Aquatics Programming 1. Instructional and competitive, recreational teams, lessons, practicing classes and clubs. 2. Four regionaVnational swim meets, Therapeutic Recreation Instructional, competitive imd recreational . Teams . Lessons . Practices . Classes . Clubs . Special Events (i.e.: Nursing Home Games) . Competitions . Senior Adult Activities . Good Life Garnes General . Meetings Athletics. (depending on other partners offerings) Youth and Adult. Athletics - Instructional, competitive and recreational . Teams . Lessons . Practices . Classes . Clubs . Tournaments - one per programming area (i.e.: boys basketball) . Leagues Activities Currently Not Scheduled but Available for Future Service Delivery. (Depending on other Partner offerings) . Special Events . Camps . After School Programs · Instructional Classes . Clubs . Youth Development Programs (Teens and Young Adults) " ~ I. . .. Exhibit F Annual Rentals Janua Janua Janua Februa Februa Februa Februa March March A ril A ril A ril Ma June June June Jut Au Au Au Au -Nov Se tember October October October November December December. " AGREEMENT THIS AGREEMENT is entered into this ,'S-r of I . 2001, by and between the City of Clearwater, a Florida municipal cor oration, at Post Office Box 4748, Clearwater 33758-4748, hereinafter" refer. a to as the "City," and the Pinellas Community Center Inc., d/b/a Long Center, a Florida non-profit corporation, at 1501 North Belcher Road,' Clearwat~r, hereinafter referred to as the "Provider.- WITNESSETH WHEREAS, Provider operates the Long Center, which is constructing an expansion to the facility; and WHEREAS, the City desires to facilitate the Provider in constructing an " expansion to the Long Center. .WHEREA~, the. City has provided funding to the provider for the project in Pennies II. allocations i as approved by the City Commission on September 21, 2000. ' ,. NOW, THEREFORE, the parties hereto agree as fol~~ws: 1. Scope of. Services . The Provider agrees to operate the Long Center which will provide recreation opportunitie~ for the public and is located a"t 1501 North Belcher. Road, Clearwater, Florida. in accordance with the projected accomplishments attached and made a 'fully binding part of this Agreement. and attached as Exhibit A. . On a quarterly basis, commencing July 1. 2001, the provider will provide the City with a Financial Projection .Report detailing the current status and all expenditures of the project. 2. Termination . - The City and the Provider agree: A. This Agreement may be terminated in whole or in part, for . convenience. when both parties agree upon the termination conditions." A written notification shall be required and shall include the following: reason for the termination. the effective date. and in the case of a partial termination, the actual portion to be terminated. However, if. in the case of a partial termination, the City determines that the remaining portion of the Agreement will not accomplish the purposes of such Agreement, the City may terminate such in its entirety. . . . . Exhibit "0" 8. The City may place the Provider in default of this Agreement, and . may suspend or terminqte this Agreement in whole, or in part, for cause. :. , 1. Cause shall include, but not be limited to, the following: I a. F aiture to comply and/or perform in accordance with the purpose and this Agreement, or any federal statute or regulation. b. Submitting reports to the City which are late, incorrect or incomplete in any material respect. c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible as determined by ~he Gity d. Failure to respond .within seven (7) days in writing t6 any concerns raised by the City, including substantiating... documents when required/requested by the City. e. Any evidence of fraud, mismanager11ent, a'nd/or waste, as determined by the City. . , '.' c. Upon termination of the Agreement, the Provider shall repay any amounts not spent back to the City. .. '" ' . 3. Amendments. : -, =:. t~.' . Any alterations, variations, modifications or waivers of this Agreement . shall.9nly be valid when they have been reduced to writing and dUly sign~d by.. .', both parties. Any changes which do not substantially change the scope of the . . project and/or the Project Implementation Schedule or increase the total amou~t payable under this Agreement, shalllbe valid orily when reduced to writing and ' signed by the City Manager and the Provider. . . .' 4' The City shall not reimburse the Provider for outlays in excess of the funded amount of the Agreement unless and until the City officially, in writing, approves such expenditure by executing a written modification to the original Agreement. . . .' . ~ . 4. Method of Payment It i~ expressly understood and agreed that the total compensation to be '2 I I '.' I ~ I paid hereunder for actual expenditures incurred shall be in the amount of One Million Dollars ($1,000,000) for those improvements described in Exhibit "A: .' A. The provider shall submit requests for reimbursement payment .' .' for actual expenditures, including. applicable back-up . documentation. Architectural, and construction manager fees are allowable expenses. Documentation for construction expenses shall be AlA Form G702 and for architectural, and construction manager fees shall be actual invoice. Photocopy of payment shall be included in documentation. The City's participation is approximately 40% of the entire project. Design fees shall be reimbursed, therefore at 40% of the total architectural fees. Construction manager fees shall be reimbursed for actual invoices associated with construction of the' expansion. Expenditures that the Long Center, Inc. has already made for schematic design are acceptable expenditures. 8. The City agrees to pay the provider for expenditures incurred: under this agreement on an as needed basis in accordance with the budget and project schedule. . C. All expenditures must conform to .Con.sult'ants Compe,titive Negotiation Act", ~287.055. Fla. Stat. and conform: to the City of Clearwater Procurement of Commodities and Services' Standards. ' . 5. Conflict of Interest ~.' . ", The Provider shall disclose, in writing, to the City any possible. conflicting interest or apparent impropriety. This disclosure shall occur immediately upon knowledge of such possible conflict. The. City will then render an opinion, which shall be binding on both parties. 6. Indemnification and Insurance The Provider shall indemnify and hold harmless the City from any and all claims, liability, losses and causes of action, which may arise out of the ,Agreement. The Provider shall pay all clai.ms and losses of any natlJr$' whatsoever in connection therewith a'nd. shall defend or pay to 'defend all suits brought against the City, when requested, and shall pay all costs and judgments ,. which may issue thereon. ,I,. , . ..' Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved in any way in the performance of, the Agreement. The Provider shall submit to the City an ORIGINAL Certificate of Insurance in an amount approved by the City's Risk. Management Office. ~ q 3 Further, in the event evidence of the required insurance is not forwarded to the Risk Management Office within thirty (30) days after the execution of this Agreement, this Agreement may be terminated at the City's option and. a.ny , payments then due may be permanently withheld by the City and the City will have no further obligation under this Agreement. 7. Additional Conditions It is expressly understood and agreed that in the event of curtailment of funds by City, that the financial sources necessary to continue to pay tl1e Provider compensation will not be available and that this Agreement will thereby terminate effective as of the time that is determined that said funds are no longer available. , In the event of such determination, the Provider agrees th~t it.will.~ot look t~, nor . seek to hold liable, the City or any individual member of the City Commission thereof personally for the performance' of this Agreement and aU 'of the 'p~uties hereto shall be released from further liability each to the other under.the terms of this Agreement. ,. IN WITNESS WHEREOF, the parties hereto have caused .this Agreement to be executed by their duly authorized officials on the date first above indicated. Countersigned: CITY OF CLEARWATER, FLORIDA. ,..~. .. .; "j' . By:.... .".' .. ...~;-s. ~ 'Il . 'William B.. Home; II .' . Interim City Manager. ~A-/i-L/ Brian J. ~ngst Mayor-Commissioner Approved as to form: .' , Attest: '. ~ ia E. Goudeau. lark. Signed, sealed and delivered the presence of: . . PINELLAS COMMUNITY CENTER, INC. d/b/a in LONt; CENTER' . '---/ ) !tZu/a /,~ $u~ Print N~e;a7t7~Sla/'11 6/u/11 ~~Aj-fo~J Print Name:CehrG\ S. itLl' r/ : ~. n. A~Pc.cr By: . ""v a ~uQ~r~FiS5~~!~O~ Exhibit "A" March 19,2001 Mr. Kevin Dunbar, Director Parks & Recreation Department City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 Board of DIrectors: James D. Appelt, P.A. Ebe Bower Richard Fitzgerald Richard Hedrick Ed Hooper Susan Juhl Robert P. Kinney, Johnny long Ronald G. Norwood Clare Peacock Walter Schoenig Daryl Seaton A.V. "Bud" Terry Scott J. Tyler Cliff Voege , Charles "Trip" Weaver Amy Wiegman Dear Kevin, By submitting this letter, the PiDellas Community Center, Inc.dba Long Center requests payment of the $1,000,000.00 towards our Phase n Expansion Project, whicll was allocated by the city commission through the Penny for Pinellas sales 1SX. ' This 13,970sf construction proj~ located to the west of our existing building, along with 5,48Ssf of renovated space will be the first significant upgrade to the building since our opening in July 1990. The expansion will be a two-story structure that will include a new entrance and registration area, child's play ar~ two multipurpose classrooms, Clearwater for Youth program and storage area, elevator and facility storage. On the second floor will be 4,900Sf of multipurpose rooms that can be configured into a vari~ of program spaces. The renovated spaces will allow WI to enhance our fitness and cardiovascular area to 3,800sfand move the City of Safety Harbor offices , closer to the new building. ,Our plans are to Utilize their vacated office area for an educational computer lab. We will also add some needed storage space, a full cences'sion area on the spectator level and a companion/family changing area' off the pool deck. Executive Director Mark N. Abdo The addi~o~ facilities outlin~. above will create new programming space for tHe'City orClearw~er ~d other sponsor agencies of the Long Cent~r. On~ of the main areas of adult programming that is not addressed, aerobic exercise, can now be added due to the large multipurpose space. Another major weakness, cardiovascular exercise, can now be addressed with the addition of modem machines in an enlarged area. Currently, our fitness facility is restricted for adults but with the additional space, the age limit will drop and we will include use of limited free weights. A facility 1501 North Belcher Road, Suite 225. Clearwater, FL 33765 (727) 726-2101, FAX (727) 797.';.>n7~ .' '~ pot' that we are excited about adding is the family/companion changing area to serve our patrons with special needs. With the addition of the play area near the registration desk residents, utilizing the facility or enrolled in a program, can place their young children in 'a safe, supervised area. We will also open up an additional gymnasium space in the evening by moving instructional programs currently scheduled to the new multipurpose space. The majority of the spaces will also produce rev~nue for the Long Center negating any additional operating expense issues. ':I"~~' ..;~.. The Board of Directors for the Loog Center unanimously approved the plan on February 14, 2001 with the stipulation that ground can not be broke until all the funds have been raised. We will move through the detailed architcc:tura.l plans and construction documents along with our building committee while raising the balance of the $2.5 million estimated for this project. I do not anticipate conmuction to start earlier than December 2001. . . ';':..:..! ~,--, ~..' . I have attached an invoj~!.o!-:,~ fiinds and look forward to working with the City and your dep~ent in this exciting and worthy project. If you have any questiosis pl~ contact me at 726-2181 ext. 225 or mabdo@longeenter.org., ;;~,for making the Long Center your place for fun, fitness and perso~,8fP~' I .~'. i ,,', .~,.~....' Sincerely, Lk-\ o..L . ':\ '. .;:..:,.". :#".~ '" .... . '., . ... ~ , t ': ' . :.:. .t....:~! Mark N. Abdo, CPRP Executive Director ..:.' .:_ ;t...~f 1 "'. . .' .' :.,' .,,' ..... '." '._f. Cc: file ,f,; .. ,." ". . .~. ' i" . , " \ .~i~,,:......~ .~ c.pi&aIIc:lwr1JelllllY t't'*;;'. ,'. -,: '.<-'.. .. : :,..'!, c~ ~ .J . _.~~. ;:.;.. ;::-; ~': ~'I ." ~"I. '\. -'_ . . 'I '.. .' ~ . . .... .... 'P:.,; , a ~Q~~Fi95~~!~~ INVOICE .' " Phase n Expansion Project - Long Center Clearwater Contribution Penny for Pinellas funding $1,000,000 Facility Enhancements: .~~. :.., Two multipurpose classrooms ,', 4,900sfmultipurpose program rOoms' . - 3,800sffitness and cardiovascular space . Concession stand ' , Family/companion l!hllngirig area ," .' . Child's play area. " ...: ::,~'('.. New entry and registration area ' Additional sto~e areas ' .' Program Benefits: New and ae8tivc pubiic recrcational'progrmnming Increased service to residents with physical disabilities Increased service to residents with young children Additional gymnasium space in the evening Easy access and recognition of entrance Revenue generating venues Please make the check payable to: Long Center Attn: Mark Abdo, Executive Director 1501 North Belcher Road, Suite 225 Clearwater, FL 33765 ..' . .,. . .. .:. : .t.' ;.... , . . "I' I' . .' . . >', 1501 North Belcher Road, Suite 225, Clearwater, FL 33765 (727\ 726-?1 R1S:A Y (7')-" "7n.., 'w"" FSA 9 287.055. Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties *32201 West's F.S.A. 9287.055 WEST'S FLORIDA STATUTES ANNOTATED TITLE XIX. PUBLIC BUSINESS CHAPTER 287. PROCUREMENT OF PERSONAL PROPERTY AND SERVICES PART I. COMMODITIES, fNSURANCE, AND CONTRACTUAL SERVICES Page 1 legal entity permitted by law to practice architecture, engineering, Dr surveying and mapping in the state. Current through End 012000 2nd Reg. Sess. 287.055. Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties (1) Short title.--This section shall be known as the "Consultants' Competitive Negotiation Act." (2) Definitions.--For purposes of this section: (a) "Professional services" means those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of the state, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or, practice. (b) "Agency" means the state, a state agency, a municipality, a political subdivision, a school district, or a school board. The term "agency" does not extend to a nongovernmental developer that contributes public facilities to a political subdivision under s. 380.06 or ss. 163.3220-163.3243. (c) "Finn" means any individual, firm, partnership, corporation, association, Dr other (d) "Compensation" means the total amount paid by the agency for professional services. (e) "Agency official" means any elected or appointed officeholder, employee, consultant, person in the category of other personal service or any other person receiving compensation from the state, a state agency, municipality, or political subdivision, a school district or a school board. (t) "Project" means that fixed capital outlay study or planning activity described in the public notice of the state or a state agency under paragraph (3)(a). A project may include: 1. A grouping of minor construction. rehabilitation, or renovation activities. 2. A grouping of substantially similar construction. rehabilitation, or renovation activities. *32202 (g) A "continuing contract" is ~ contract for professional services entered into in accordance with all the procedures of this act between an agency and a firm whereby the firm provides professional services to the agency for projects in which construction costs do not exceed $500,000, for study activity when the fee for such professional service does not exceed $25.000, or for work of a specified nature as outlined in the contract required by the agency, with no time limitation except that the contract must provide a tennination clause. (h) A "design-build firm" means a partnership. corporation, or other legal entity that: 1. Is certified under s. 489.) 19 to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; or Copyright (c) West Group 2001 No claim to original U.S. GOY!. works FSA 9 287.055, Acquisition of professional architectural, engineering. landscape archilectural, or surveying and mapping services; definitions; procedures; conlingent fees prohibited; penalties 2. [s certified under s. 471.023 to practice or to offer to practice engineering; certified under s. 481.219 to practice or to offer to practice architecture; or certified under s. 481.319 to practice or to offer to practice landscape architecture. (i) A "design-build contract" means a single contract with a design-build firm for the design and construction of a public construction project. U) A "design criteria package" means concise, performance-oriented drawings or specifications of the public construction project. The purpose of the design criteria package is to furnish sufficient information to permit design-build firms to prepare a bid or a response to an agency's request for proposal, or to permit an agency to enter into a negotiated design-build contract. The design criteria package must specify performance-based criteria for the public construction project, including the legal description of the site, survey infornlation concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project" cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. (k) A "design criteria professional" means a firm who holds a current certificate of registration under chapter 481 to practice architecture or landscape architecture or a firm who holds a CUITent certificate as a registered engineer under chapter 471 to practice engineering and who is employed by or under contract to the agency for the providing of professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteria package. (3) Public announcement and qUillification proccdures.-- Page 2 (a) Each agency shall publicly announce, in a uniform and consistent manner, each occasion when professional services must be purchased for a project the basic construction cost of which is estimated by the agency to exceed the threshold amount provided in s. 287 .Ot 1 for CATEGORY FIVE or for a planning or study activity when the fee for professional services exceeds the threshold amount provided in s. 287.017 for CATEGORY TWO, except in cases of valid public emergencies certified by the agency head. The public notice must include a general description of the project and must indicate how interested consultants may apply for consideration. .32203 (b) Each agency shall encourage firms engaged in the lawful practice of their professions that desire to provide professional services to the agency to submit annually statements of qualifications and performance data. (c) Any firm or individual desiring to provide professional services to the agency must first be certified by the agency as qualified pursuant to law and the regulations of the agency. The agency must find that the firm or individual to be employed is fully qualified to render the required service. Among the factors to be considered in making this finding are the capabilitics. adequacy of personnel, past record, and experience of the firm or individual. (d) Each agency shall evaluate professional services, including capabilities, adequacy of personnel, past record. experience, whether the finn is a certified minority business enterprise as defined by the Florida Small and Minority Business Assistance Act of 1985, and olher factors dcterm incd by the agency to be applicable to its particular requirements. When securing professional services, an agency must endeavor to meet the minority business enterprise procurement goals under s. 287.09<tS. [FN I J Copyright (c) West Group 2001 No claim to original U.S. Ge)Vt, works FSA 9 287.055, Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties (e) The public must not be excluded from the proceedings under this section. (4) Competitive selection.-- (a) For each proposed project, the agency shall evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with, and may require public presentations by, no fewer than three firms regarding their qualifications, approach to the project, and ability to furnish the required services. (b) The agency shall select in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the agency shall consider such factors as the ability of professional personnel; whether a firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms; and the volume of work previously awarded to each firm by the agency. with the object of effecting an equitable distribution of contracts among qualified finns, provided such distribution does not violate the principle of, selection of the most highly qualified firms. The agency may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations under subsection (5). *32204 (c) This subsection does not apply to a professional service contract for a project the basic construction cost of which is estimated by the agency to be not in excess of the threshold amount provided in s. 287.017 for CATEGORY FIVE or for a planning or study activity whcn the fee for professional services is not in excess of the threshold amount provided in 5. 287.017 for CATEGORY TWO. (d) Nothing in this act shall bc construed to Page 3 prohibit a continuing c'ontract beh'leen a firm and an agency. (5) Competitive negotiation.-- (a) The agency shall negotiate a contract with the most qualified firm for professional services at compensation which the agency dctermines is fair, competitive, and reasonablc. In making such determination, the agency shall conduct a detailed analysis of the cost of the professional services required in addition to considering their scope and complexity. For any lump-sum or cost-plus-a-fixed-fee profcssional service contract over the threshold amount provided in s. 287.017 for CATEGORY FOUR, the agency shall require the firm receiving the award to execute a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. Any professional service contract under which such a certificate is required must contain a provision that the original contract price and any additions thereto will be adjusted to exclude any significant sums by which the agency detennines the contract price was increased due to inaccurate. incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within I year following the end of the contract. (b) Should the agency be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the agency detennines to be fair, competitive, and reasonable, negotiations with that firm must be formally terminated. The agency shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the agency must terminate negotiations. The agency shall then undertake negotiations with the third most qualified firm. (c) Should the agency be unable to negotiate a satisfactory contract with any of the selected firms, the agency shall select additional firms in the order of their competence and qualification Copyrighl (c) Wesl Group 2001 No claim to original U.S. GOVL works FSA 9287.055, Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties and continue negotiations in accordance with th is subsection until an agreement is reached. (6) Prohibition against contingent fees.-- (a) Each contract entered into by the agency for professional services must contain a prohibition against contingent fees as follows: "The architect (or registered surveyor and mapper or professional engineer, as applicable) warrants that he or she has not employed or retained any company or person, other than a bona fide, employee working solely for the architect (or registered surveyor and mapper, or professional engineer, as applicable) to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or finn, other than a bona fide employee working solely for the architect (or registered surveyor and mapper or professional engineer, as applicable) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement." For the breach or violation of this provision, the agency shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. *32205 (b) Any individual, corporation, partnership, firm, or company, other than a bona fide employee working solely for an architect, professional engineer, or registered land surveyor and mapper, who offers, agrees, or contracts to solicit or secure agency contracts for professional services for allY other individual, company, corporation, partnership, or firm and to be paid, or is paid, any fee, comm ission, percentage, gift, or other consideration contingent upon, or resulting from, the award or the making of a contract for professional services shall, upon conviction in a competent court of this state, be found guilty of a first degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083. Page 4 (c) Any architect, prOfessional engineer, or registered surveyor and mapper, or any group, association, company, corporation, firm, or partnership thereof, who offers to pay, or pays, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting 'from, the award or making of any agency contract for professional services shall, upon conviction in a state court of competent authority, be found guilty of a first degree misdemeanor, punishable as provided in . s. 775.082 or s. 775.083. (d) Any agency official who offers to solicit or secure, or solicits or secures, a contract for professional services nnd to be paid, or is paid, any fee, commission, percentage, gift, or other consideration contingent upon the award or making of such a contract for professional services between the agency and any individual person, company, firm, partnership, or corporation shall, upon conviction by a court of competent authority, be found guilty of a first degree misdemeanor, puni~hable as provided in s. 775.082 or s. 775.083. (7) Authority of department of management services.--Notwithstanding any other provision of. this section, the Department of Management Services shall be the agency of state government which is solely and exclusively authorized and empowered to administer and perform the functions described in subsections (3), (4)', and (5) respecting nil projects for which the funds necessary to complete same are appropriated to the Department of Management Services, irrespective of whether such projects are intended for the use and benefit of the Department of Management Services or any other agency of government. However, nothing herein shall be construed to be in derogation of any authority conferred on the Department of Management Services by other express provisions of law. Additionally, any agency of government may, with the approval of the Departmcnt of Managcmcnt Services, delegate to the Department of Management Scrvices authority to administer and perform the Copyright (c) Wesl Group 2001 No claim 10 origin~l U.S. Gavt. works FSA ~ 287.055, Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties Page 5 functions described in subsections (3), (4), and (5). Under the terms of the delegation, the agency may reserve its right to accept or reject a proposed contract. (8) State assistance to local agencies.--On any professional service contract for which the fee is over $25,000, the Department of Transportation or the Department of Management Services shall provide, upon request, by a municipality, political subdivision, school board, or school district, and upon reimbursement of the costs involved, assistance in selecting consultants and in negotiating consultant contracts. *32206 (9) Applicability to existing' contracts.--Nothing in this section shall affect the validity or effect of any contracts in, existence on July 1, 1973. (10) Applicability to design-build contracts.- (a) Except as provided in this subsection, this section is not applicable to the procurement o( design-build contracts by any agency, and the agency must award design-build contracts in accordance with the procurement laws, rules, and ordinances applicable to the agency. (b) The design criteria package must be prepared and sealed by a design criteria professional employed by or retained by the agency. If the agency elects to enter into a professional services contract for the preparation of the design criteria package, then , the design criteria professional must be selected and contracted with under the requirements of subsections (4) and (5). A design criteria professional who has been selected to prepare the design criteria package is not eligible to render services under a design-build contract executed pursuant to the design criteria package. (c) Except as otherwise provided in s. 240.209(3) or s. 337.11(7), the Department of Management Services shall adopt rules for the award of design-build contracts to be followed by state agencies. Each other agency must adopt rules or ordinances for the a\vard of design-build contracts. Municipalities, political subdivisions, school districts, and school boards shall award design-build contracts by the use of a competitive proposal selection process as described in this subsection, or by the , 'use of a qualifications-based selection process pursuant to subsections (3), (4), and (5) for entering into a contract whereby the selected firm will subsequently establish a guaranteed maximum price and guaranteed completion date. If the procuring agency elects the option of qualifications-based selection, during the selection of the design-build firm the procuring agency shall employ or retain a licensed design , professional appropriate to the project to serve as the agency's representative. Procedures for the use of a competitive proposal selection process must include as a minimum the following: 1. The preparation of a design criteria package for the design and construction of the public construction project. 2. The qualification and selection of no fewer than three design-build finns as the most qualified, based on the qualifications, availability, and past work of the finns, including the partners or members thereof. 3: The criteria, procedures, and standards for the evaluation of design-build contract , proposals or bids, based on price, technical, and design aspects of the public construction project, weighted for the project. "'32207 4. The solicitation of competitive proposals, pursuant to a design criteria package, fr9ffi those qualified design-build firms and the evaluation of the responses or bids submitted by those finns based on the evaluation criteria and procedures established prior to the sol icitation of competitive proposals. 5. For consultation with the employed or retained design criteria professional concerning the evaluation of the responses or bids Copyright (c) West Group 2001 No claim to original U.S. Govl. works FSA g 287.055, Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties Pngc 6 submitted by the design-build firms, the supervision or approval by the agency of the detailed working drawings of the project; and for evaluation of the compliance of the project construction with the design criteria package by the design criteria professional. 6. In the case of public emergencies, for the agency head to declare an emergency and authorize negotiations with the best qualified design-build fil!11' available at that time. (I I) Reuse of existing plans.--Notwithstanding any other provision of this section, there shall be no public notice requirement or utilization of the selection process as provided in this section for projects in which the agency is able to reuse existing plans from a prior project of the agency, or, in the case of a board as defined in chapter 235, a prior project of that or any other board. Except for plans of a board as defined in chapter 235, public notice for any plans that are intended to be reused at some future time must contain a statement that provides that the plans are subject to reuse in accordance \\ith the provisions of this subsection. (12) Construction of law.--Nothing in the ,amendment of this section by chapter 75-281, Laws of Florida, is intended to supersede the ", provisions of ss. 235.211 and 235.31. CREDlT(S) 1999 Main Volume , Amended by Laws 1991, c. 91-137, f 15. elf. May 28. 1991: Laws 1991, c. 91-162, i 7, en: May 28. 199/; Laws 1992, c. 92-279, j 250. cjJ. July J, 1992: Laws /993. c. 93-95. iI, ejJ. Oct. I. 1993; Laws 1994, c. 94.119.9 I U. elf. July I, 1994; Laws 1991, c. 94-322, i 10. en: May 31, 1994; Laws 1995, c. 95-148, i 868, en: July 10. 1995: Laws 1995. c. 95-410, f 2. c..o: July I, 1995: Laws 1996. c. 96-399, i 45, elf. Oct. I. 1996; Laws 1997, c. 97-100, 9 38, elf. July I, 1997: Laws 1997. c. 97-296, i I. tff. Oct. I. 1997,' Laws 1998, c. 98-279. i 80, eiJ. June 30,1998. [FNll Repealed by Laws 1996, c. 96.320, ~ 27. Section . 287.0945(9), created by Laws 1996, c. 96.412, ~ I, Was . . redesignated by the division of statutory revision as ~ 373.607. Copyright (c) West Group 2001 No claim to original U.S. Govt. works CITY OF CLEAR\Y/ATER FINANCIAL SERVICES DEPARTMENT PROCUREMENT OF COMMODITIES AND SERVICES PROCEDURES REVISED DECEMBER 10, 1999 The City of Clearwater has the obligation to provide efficient services at the lowest possible total cost. The purpose of this policy is to establish criterion and procedures for procurement of both commodities and services at the lowest possible total cost. All contracts for goods or services should be awarded to the vendor providing the best product or service in accordance with the specifications, at the right time, in the right place, in the right quantity and at the best price. Purchasing authority within the city is divided into three general categories. Each category is governed by the City of Clearwater, Code of Ordinances: Category I: Purchases for $1000 or less. , · Attempt to obtain the lowest price availaQle, consistent with time and effort involved. . Award contract within guidelines established in each administration/department. · Utilize a Restricted Purchase Order (RPO) form or procurement card. . Purchases for the same product by the same department within one calendar year require approval at the appropriate category level for the cumulative total for the year. Category II: Purchases over $1000 through $25,000. A minimum of three quotations are required. Quotes may be obtained by using departments or within the Purchasing Division. Documentation should include the product and/or service, name and address of the vendor, sales person, phone number, price, payment terms, estimated delivery date, free on board point; i.e. freight responsibility and payment (FOB CL W or FOB SHP), and special instructions. " ' · Quotation information is recorded on the remarks screen following the total screen in the Ross Financial System. Quotation information is not printed on the purchase order. · Approval is electronically accomplished by the appropriate administrator, department director or designee in the Ross Financial System. · Authorized exceptions include valid emergencies; sole source; impractical or impossible to bid; available on "other" governmental bid; health services including mental health; legal services including paralegal, expert witness, appraisal or mediator services, auditors; academic and lecturers; services provided by persons with mental or physical disabilities under not for profit corporations; and, products purchased for resale. '; · Justification for any deviation of the three quote policy must be recorded on the remarks screen following the total screen. The justification must be electronically approved by the appropriate administrator or department director only. · A ward will be made by purchase order and the issuance must occur prior to requesting the good(s) or service(s) from the vendor. Consulting contracts and many other service contract awards equ:11ing $10,000 or more also require a formal written contract. Please check with Purchasing and / or the City Attorney. · For contracts over $10,000 to and incluaing $25,000, approval authority is the City Manager. Further defined as procurement of any product or service within one 365 day year for one department. Subsequent awards within the 365 day year must be approved at the appropriate cumulative level. . Award of contract for resale items will be made by the responsible department administrator / director or designee. Category III: Purchases over $25,000. . Formal bid is required with the Purchasing Division responsible for the action. Exception is made for constmction projects prepared and processed by Public \Vorks Administration. . Formal advertising is required with a formal opening a minimum of 10 calendar days after the date of the advertisement. . For contracts over $25,000 or those cumulative contracts within one 365 day year, the approval authority is the City Commission. Public Works engineering contracts, not to exceed $100,000 cumulative, may be awarded to Engineers of Record by the City Manager for CIP approved projects. . The City Manager may approve change order cumulative increases to a maximum of $25,000 over the latest amount approved by the City Commission. Contracts originally awarded for $25,000 or less by the administrator, department director or the City Manager may be increased only within the approval limits noted above. · Award will be made by purchase order and the issu:mcc must occur prior to requesting the good(s) or service(s) from the vendor. All consulting contracts and many service contracts in this category require a formal contract. Please check with Purchasing and/or the City Attorney. . Award of contract for resale items will be made by the responsible department administrator / director. , ~ . . :. 2 QUIT CLAIM DEED PREPARED BY AND RETURN TO: EARL BARRETT ENGINEERING DEPT. CITY OF CLEARWATER P.O. BOX 4748 CLEARWATER, FL 33758-4748 THIS QUIT CLAIM DEED made this day of ,200_, by The Center Foundation, Inc., f/k/a Clearwater Youth Recreation Center, Inc., a non-profit corporation existing under the laws of the State of Florida, whose address is 1501 North Belcher Road, Clearwater, Florida 33765, hereinafter called "First Party", to The City of Clearwater, Florida, a municipal corporation, whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748, hereinafter called the "Second Party*". (.Wherever used herein, the terms "First Party" and "Second Party" shall include singular and plural, heirs, le~1 representatives and assigns of individuals and~he successors and assigns of corporations, wherever the context requires.) WITNESSETH: that said First Party, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration in hand paid by said Second Party, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release and quit claim unto the Second Party forever, all the right, title, interest, claim and demand which the First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in Pinellas County, Florida, to-wit: All improvements located on the real property described on Exhibit "A" attached hereto and made a part hereof. THIS DEED IS SUBJECT TO THE FOLLOWING: Applicable land use and zoning restrictions and to easements, reservations and restrictions of record, if any, which are not specifically not reimposed or extended hereby, and to taxes for the year 2003 and subsequent years, if any. Exhlblt "1-:" PROPERTY APPRAISER'S TAX 1.0. NO. 07-29-16-00000-220-0100 This instrument conveys title to the improvements only. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of said First Party, either in law or equity, to the only property use, benefit and behoof of said Second Party forever. IN WITNESS WHEREOF, the First Party has signed and sealed these presents the day and year first above written. Witnesses: Print: Pri nt: Print: Pri nt: STATE OF COU NTY OF The foregoing instrument was acknowledged before me this ,200_, by day of <) Print: NOTARY PUBLIC My Commission Expires: Personally Known OR Produced Identification Type of Identification Produced 2 *** OFFICIAL RECORDS *3* BOOK 7298 PAGE 282 A tr~ct of land lying ~ithin the North~est 1/4 of Section 7, TO~5hip 29 South, Range 16 East, Clearwater, P~nellas County, Florida and being more particularly described as follows: ' Commence at the Northwest corner of said Section 7: thence S89~35'50"E, along the North line of theNorthwest 1/4 of said Sec~ion 7, for 55.00 feet to the East right-of-way line of Belcher Road: thence SOO~04'Sl"E, along said East right-of-way line and ~long a line being 55.00 feet East of and par~llel to, the West line of the Northwest 1/4 of said Section 7, same also being.~~ 'De~xlng basis of this description, for 480.50 feet to the Southwest corner of that property described in O.R. Book 6247 on page 1429 and being the POI~ OF BEGINNING: thence S89-35'SO.E, along the South line of said property, and along a line 480.48 feet South of and parallel to the North line of said Northwest 1/4, for 390.04 feet to the center oE a sanitary manhole; thence continue. SB9035'50"E, along said parallel line, for 272.6S feet to the centerline of a creek: thence southeasterly approximately 850 feet along said centerline, same also being the westerly bounds of that certain property described in O.R. Book 5851, on page 1012, the following nine (9) courses being ~sed for closure purposes: (1) thence S33042'24"E, for 10.60 feet: (2) thence S20046'23"E, for 139.S0 feet; (3) thence SOlo02'42"E, for 100.92 feet; (4) thence S26041'04"E, for 42.96 feet: (S) thence N83042'Sl"E, for 3].70 feet; (6) ,~hence S65053'll"E, for ~0.08 feet: (7) thence S54052'27"E, for 146.40 feet: (8) thence S47012'36"E, for 199.78 feet: (9) thence S79053'47"E, for 93.99 feet: thence, leavLng sa~d creek centerline, S89036'lO-E, Eor 95.00 feet to the perpendicular intersection with the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 7; thence SOQo23'50"W, along said East line, for 324.98 feet to the Southeast corner of the Northwest 1/4 of the Northwest 1/4 of said Section 7: thence N89044'07"W along the South line of the Northwest 1/4 oE the. Northwest 1/4 of said Section 7,for 232.83 feet to a point on the northeasterly right~of-way line of a 60.00 foot Seaboard Coast Line Railroad right-oE-way: thence N7204S'l6"W, along said northeasterly line, for 10B5.20 feet to the East right-of-way line of Belcher Road: thence HOOo04'Sl"W along said East line and along a line 55.00 fe~t East of and parallel to the West line of the Northwest 1/4 of said Section 7, for 539.23 feet to the POINT OF BEGINNING, and containing 15.78 acres, more or less. " E:dl ib it" A" BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that PINELLAS COMMUNITY CENTER, INC., A/K1A THE LONG CENTER, a Florida non-profit corporation whose address is 1501 North Belcher Road, Suite 225, Clearwater, Florida 33765, ("Seller"), for an in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations, to me paid by the CITY OF CLEARWATER, FLORIDA, a r~unicipal corporation, whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 ("Buyer"), the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered, and by these presents does hereby grant, bargain, sell, transfer and deliver unto the Buyer, his executors, administrators and assigns, the following goods and chattels: SEE ATTACHED EXHIBIT "A" TO HAVE AND TO HOLD the same unto said Buyer, his executors, administrators and assigns forever. AND Seller does, for himself and his executors and administrators, covenant to and with said Buyer, his executors, administrators and assigns, that he is the lawful owner of said goods and chattels; that they are free from all encumbrances; that he has good right to sell the same aforesaid, and that he will warrant and defend the sale of said property, goods and chattels hereby made, unto the said Buyer, his executors, administrators and assigns against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, Seller hereunto sets his hand and seal this ,20_. day of Signed, sealed and delivered in the presence of: STATE OF FLORIDA) COUNTY OF The foregoing instrument was acknowledged before me this ,20_, by day of NOTARY SIGNATURE Print or type stamp commission name of Notary Public Personally known to me 0 OR Produced Identification 0 Type of Identification Produced 11298902 v1 - BlllofSale Exhibit "Au Any and all personal property in or on the property located at 1501 North Belcher Road, Clearwater, FL 33765. t- 1--1 . " 'I. LEASE AGREEMENT THIS AGREEMENT is made effective the 30th day of June, 1990, by and between The Pinellas Community Center a.k.a. The Long Center, a Florida nonprofit corporation, whose address is 1501 North Belcher Road, Suite 225, Clearwater, Florida 34625 (hereinafter referred to as "Center"), and Clearwater For Youth, a Florida nonprofit corporation, whose address is 1501 North Belcher Road, suite 236, Clearwater, Florida, 34625 (hereinafter r,eferred, to as "CFY"). WIT N E SSE T H: WHEREAS, Center is a nonprofit corporation with recreational and educational facilities (hereinafter referred to as the "Project") on real property owned by the city of Clearwater and being leased to the Clearwater Youth Recreation center, Inc., now known as The Center Foundation, Inc., under that certain Lease Agreement dated December 29, 1986 (hereinafter as Exhibit "A" and 'incorporated herein by reference; and WHEREAS, CFY desires to use a portion of the Project to establish its equipment storage and administrative offices and to provide recreational and sports activities to the youth of this community and their families that will advance the mission and purpose of CFY allowing all children from all levels of society to play together in harmony, and which allows children to reach their fullest potential through enriching and productive activities. WHEREAS, Center finds that such use of the property is for a proper public purpose; and WHEREAS, The Center has established a construction fund for the purpose of generating monies to construct the Project and its improvements; and WHEREAS, CFY has invested in the Project by providing contributions to such construction fund of certain monies to be used for construction of the Project and its improvements, as more specifically described hereinafter. NOW, THEREFORE, in consideration ,of the premises and of the faithful performance by each of the parties of the covenants and agreements between each other made, it is mutually agreed between the parties hereto as follows: 1. Recitals. The above recitals are true and correct and incorporated herein by reference. 1 Exhibit "F" .. I I <, 2. Premises and User Fee. For and in consideration of the sum of One Dollar ($1.00) per year, and other good and valuable consideration to it in hand paid by CFY, the receipt and sufficiency of which are hereby acknowledged, The Center does hereby grant and assign to CFY the exclusive use of the Project, as more particularly described and depicted on Exhibit "B" attached hereto and incorporated herein by reference (hereinafter referred to as the "Premises"). J. TERM. The term of this Agreement shall commence on the date CFY takes occupancy'of the Premises, and, provided CFY remains a viable nonprofit corporation in substantially the same form as it exists on the date hereof, and provided it continues to advance its mission and purpose as set forth in its Bylaws, the term hereof shall continue for a period consistent and concurrent with the term of the Lease, as the same is extended from time to time in accordance with Paragraph 2 of the same. Should this agreement be terminated a3 a result of the termination of the Lease, The Center hereby covenants and ~grees to compensate CFY for its pro rata and equitable share of any proceeds received upon such termination of the Agreement as specified in Paragraph 24 of the Lease. . 4. Use of Premises bv CFY. CFY shall use the Premises for its administrative offices, and to provide recreational, sports and other activities to the citizens of this community. The Center agrees to use its best efforts when allocating the use of facilities in the Project among the Sponsoring Agencies (as defined below), to accommodate CFY's programming needs. CFY shall make no unlawful, improper, or offensive use of the Premises, nor permit its use in any way to become a nuisance. CFY use of and access to (and its patrons' use of and access to) the Premises and the facilities of the Project, including parking spaces, shall enjoy the same superiority as that enjoyed by 'YWCA, UPARC, the city of Clearwater, and the city of Safety Harbor (hereinafter referred to as the "Other Sponsors" or "Sponsoring Agencies"). CFY shall be charged on a pro rata basis for its use of the facilities of the Project and such charges shall be consistent with and in proportion to those charged by the Center to the Other Sponsors, and shall be subject to the same rules, regulations, and policies as imposed on the Other Sponsors. 5. operatinQ Expenses. CFY shall be responsible for paying its pro rata and equitable share of the operating expenses of the Project not to exceed Four Thousand Eight Hundred Dollars (4,800.00) and payable in equal monthly installments of Four Hundred Dollars ($400.00). The 2 ~ I I operating expenses may include, but shall not be limited to, utilities (exclusive of telephone services), insurance, janitorial service, grounds maintenance, waste removal, water, sewer, replacement costs of capital improvements, and common area maintenance. CFY's payment of its pro rata share of the operating expenses of the Project may be increased or decreased on an annual basis consistent with and in proportion with the annual increases or 'decreases charged to the other Sponsors. The Board of Directors of the Center shall determine and levy the assessments for the operating expenses. 6. Maintenance. The Center shall maintain and keep in good condition and repair any and all interior systems, fixtures, equipment, and machinery servicing the Premises, including, but not limited to, all mechanical and electrical systems and equipment, plumbing systems, water-heating systems, and heating and air-conditioning systems. The Center shall also keep and maintain the bathroom facilities in the project, the common areas of the Project, the parking lot and grounds of the Project, and the Center and structural portions of the Project in good condition and repair , inclUding the exterior masonry walls and the roof of the project. Notwithstanding anything contained herein to the contrary, CFY shall be responsible for providing, at its own expense, any equipment, fixtures, machinery, or the goods and effects needed and utilized by it in its daily operations and instruction of its citizens in the Premises, and shall also be responsible for paying the cost of maintaining, installing, and repairing any and all such equipment, fixtures, machinery, ~nd other goods and effects. 7. CFY's Fixtures. At the termination of this Agreement, CFY shall, if not in default ~ereunder and if no damage will result to the Premises thereby, remove its detachable fixtures, ,equipment, machinery, goods and effects, and those of all persons claiming by, through, or under it, and shall surrender the Premises and all improvements thereto in good order, repair, and condition, reasonable wear and tear expected, to The Center or its successors or assigns. Any permanently-installed fixtures, alterations or improvements shall be deemed real property, and at the option of The Center, shall remain the property of The Center at all times during and after the term hereof. In the event The Center permits CFY to remove any such permanently-installed fixtures, alterations, or improvements, and any damage to the Premises results from such removal, CFY shall repair such damage at its own expense, and shall restore the Premises to the same repair and condition as when CFY took possession thereof, reasonable wear and tear expected. 3 ~ 1 , 8. Telephone Service. The Center shall be responsible for bringing telephone service to the Project, and CFY shall be responsible for securing telephone service to the Premises. CFY shall also be responsible for making the monthly payment therefore directly to the service provider. 9. capital Improvements. Should CFY desire to make any capital improvements to or expansion of the Premises, CFY shall first secure the written approval of the Board of Directors of the Center for any or all such improvements, which approval shall not be unreasonably withheld. 10. Insurance. The Center shall' keep the Project insured as required, to the extent applicable, by the provisions of Paragraph 18 of the Lease. Said insurance policies shall include a standard waiver of subrogation clause against CFY and shall name CFY as an additional insured thereunder. CFY shall at all times and at its cost maintain public liability insurance on the premises with a combined single- limit of at, least $1,000,000.00 for personal injury, death, and property damage, which insurance requirement may be increased from time to time at the direction of the Board of Directors of the Center. Said public liability policies shall carry the names of The Center and CFY,as the named insureds as their respective interests may appear, and CFY shall provide The Center with a copy thereof upon taking occupancy of the Premises and, upon request from The Center, it shall exhibit receipts showing payment of premiums. Such policies shall further provide that the insurer shall not cancel, alter or allow expiration or other termination thereof without at least twenty (20) days' prior written notice from such insurer to The Center., CFY shall at all times and at its expense maintain insurance against loss by fire and other casualty with extended coverage on its furniture, fixtures, inventory, equipment, supplies and personal property located in the Premises, and said policies shall include a standard waiver of subrogation clause against ~he Center. 11. Inspection., The Center, upon giving reasonable notice toCFY shall have the right to inspect the Premises at all reasonable times. . Assianment. CFY shall not assign the Agreement or rights hereunder without the prior written the Center which consent will not be unreasonably If The Center consents to any such assignment, 12. any of its consent of withheld. 4 1 I CFY shall only be permitted to assign this Agreement or its rights hereunder to another organization or entity whose mission and purpose are consistent and not in conflict witn those of CFY. 13. Compliance with Laws and Requlation. CFY shall comply with all federal, state, county, and city laws, ordinances, rules and regulations affecting or respecting the use or occupancy of the Premises by CFY or the business at any time thereon transacted by CFY, and CFY shall comply with all reasonable rules which may be hereafter adopted by The Center for the protection, welfare and orderly management of the Project and its users or occupants. 14. Cleanliness of Premise. CFY will keep the interior and/or exterior of the Premises clean and will not store any refuse, trash, or hazardous materials in the Premises or in or around the Project of which the Premises form a part, other than in the refuse containers provided by The Center. . 15. Redeliverv of Premises. CFY shall, on the expiration of this Agreement, deliver up the Premises in as good order and condition as it now is or may be put by The Center, reasonable use and ordinary wear and tear thereof and damage by fire or other unavoidable casualty. condemnation or appropriation expected, and CFY shall promptly surrender all keys to the Premises to The Center. 16. Representation of Board of Oirectors. The Center hereby grants CFY voting representation of the Board of Directors of The Center, equal to the voting representation enjoyed thereon by the other Sponsors. 17. Siqnaqe. The Center hereby grants CFY the right to have its corporate sign on Belcher Road as a part of the Center's signage. CFY shall be permitted signage of equal quality, size, distinction, and exposure as the other Sponsors. In addition to signage on Belcher Road, The Center hereby grants CFY signage in the Center's main entrance/courtyard area, and on all doors and entrances to the Premises. All signage must be in accordance with local ordinances, rules, and regulations. 18. validity. It is understood and agreed that in the event any provision of the Agreement shall be adjudged, decreed, held, or ruled to be invalid, such portion shall be deemed severable, and it shall not invalidate or impair the agreement as a whole or any other provisions of this Agreement. 5 I I 19. Successors and Assiqns. This Agreement and all provisions, covenants and conditions thereof shall be binding upon and inure to the benefit of the heirs, legal representatives, successors, and assigns of the parties hereto. 20. Survival. This Agreement shall remain in full force and effect and shall survive any merger 'or consolidation of The Center with any other entity, or any merger or consolidation of CFY with any other entity. If The Center or CFY should so merge or consolidate with another entity during the term of this Agreement, such merger or consolidation shall not be deemed to constitute a default hereunder, and the resulting entity shall succeed to all the respective rights, duties and obligations of The Center or CFY under this Agreement. 21. Entire Aqreement. This Lease Agreement and the exhibits attached hereto constitute the entire agreement between the parties and supersede aIr prior agreements. No waivers, modifications, additions, or addenda to this . Agreement shall be valid unless in writing and signed by both The Center and CFY. 22. Governinq Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Arbitration of Controversy. All controversies, claims, disputes concerning the construction, performance or preach of this or any other agreement between the parties hereto, whether entered into prior or subsequent to the date of this Agreement, shall upon demand and notice by either party, b~ determined by private arbitration with the appointment of arbitrators by each side and a third arbitrator by the two sides. The decision of the arbitrators or a majority of them shall be final. 24. Recordinq. This Lease Agreement shall not be recorded; however, a short-form Agreement reflecting the parties hereto, the commencement date and term of this Agreement, and a description of the real property upon which the Project is located may be recorded in the PUblic Records of Pinellas County, Florida. 25. Notices. Any notices provided for hereunder shall be sent by certified mail, return receipt requested, to The Center, c/o Executive Director, 1501 North Belcher Road, suite 225, Clearwater, Florida 34625, and to CFY, cia Executive Director, 1501 North Belcher Road, suite 236, 6 "THE CENTE~" I ., -.' . I , ~ clearwater, Florida 34625, or to such other address as either party by written notice to the other may direct. 26. Attorneys' Fees. Should it become necessary for either party to enforce this Lease Agreement by legal process, including arbitration proceedings, all costs of such proceedings, including reasonable attorneys' fees through and including any appellate proceedings, shall be borne by the non-prevailing party. IN WITNESS WHEREOF, the'undersigned parties have set their hands and seals the day and year first above written. witness: The Center By: Charles S. Gamble President CLEARWATER FOR YOUTH "CFY" 7 , I -; ( (" ,'. (~o ./"/ 6;,) !ccmber 12. I 'Jaa USE AGREEHF.tH EXHIBIT HIl 5 AGREnlENT i5 ,"o:lde i\nd p.n tered in t'J tl1,\ s ~ d."\y tl f D<.:?c~m~. l7ElEJ. by ..nd betwl?e/l THE CENTER FUUNDIHlOI-J. INC.. ."\ Florida nonprofit corpnr'ation. whose ,:H./tlr!:!S5 is :(,0':;7 Glllr-tn-.f.lay Ooule- vard. SLl1tt' "A", Cle<lrwater. Florida 3462~ (hereinafter r'?ferred to <IS "FOL.nd"Uon"). and HIE Uf"PER F'1l'IELLAS A55UCI(HlOtl FOR f;ETArWED CITIZEtJS. INC., a FloriuL\ nonprofit corpor-i\tlon. whose i\ddl-eSs is 21'79 CalLlmet, Cleilrw.lter, FL ,;;4625 (hereinilfter referred to ilS "UPARC"). W J T N E SSE T HI WHEREAS, Foundation is a nonprofit corporation developing recre- i\tioni\1 i\nd edL,c<ltion.d facilities (hereini\fter referred to as the "ProJl'?ct") on rei:ll property owned by the City of ClearWi\ter and being le,:\sed to the Clei\rwater Youth Recreation Center, Inc.. under' that cer- tain Lease Agreemnnt dated December 29, 1986 (hereinafter referred to ilS the "Leilse"),' a copy of which is att"chl:!d hereto as E>:hlbit "A" and incorporated herein by reference: and WHEREAS. uprlr-c desire!! to u:se a portion'of the Project to establ ish a facility engagp.d in providing services for citi=ens who are develop- mentally disabled. ..."d who are presently served by, UPARC or who .sh,,11 become eligible for said services ilccording to UPARC "dmlssions critl:!- r I i\. i\nd ~JHEREI'\S, FOLlndiltion 1'inds thi\t such use 01 the property is 10r a proper public purpose; ilnd WHEREAS, FOLI~datlon intends to esti\blish a constn.lction 1Llnd for the purpose 01 genl:!rating monies to construct the Project ~nd its improve- men ts I i\nd WHE~EAS. UPAnC intends to invest in the F'roject by mi\l:ing i\ contri- bution to such constructiun fund of certilin monies to be used for con- s t ruc ti on 0 f the proJ ec t a/ld Its improvemen ts, ) NOW, THEREFORE. in consideration of the premiscs and 01 the fi\ith1'ul perforrn.:",cc by oach of' the partie!! of t'H! coven..nts i\nd L'I'Jr~ements b~- tween each other made, it is mutually agreed between th~ parties her~to as 1011 O\oJS: . il'l ~ t <ii-- \ I ~jP-' ~~~i V)2/ ~, I . !.Iser Fee. For ...nd in consideration 01' the sum of One 0011 ilr .1$1.(1)) per year. ...pd other good i\nd vi\luL\ble consideration to it in hilnd paid by UPARC. the receipt i\nd sUf11ciency of which are hereby i\C- .:nowl edged, FOLlndL'ltlo,n doe!! hereby assign UPARC the USe, of that ccrtL'lin portion 01 the ProJe:ct which Is more particulL'1rly described on E:chibit "D" L'ltt",ched hl:!reto and incorporated herein by reference Ihereini\fter re1l:!rred to as the "Premise!!"). 2. Term. The term of this Agreement shL'lll CommenCl! on the dL\te ~ oD.3 UPARC takl:!s occup<.\ncy 01 the Pr:emlses, and shall continu.'! for a period 0. " consistent ..nd coincident with the term of the Lease att.ilChl:!d hl:!r?J:Q., tlf'~"-c.. and incorporated herein, as ElChlbit """. At the ~-DL_l:.be initial ~ year period described in said Lease, UPARC may, upon one y-~;-r-''';~1.tl!n -YVL~ 'J~ noticl:!, l!ll:!ct to terminate this i\greement, togl:!ther with all rights <lnd 1..". ~\.b (.., responsibilities appl!rtaining thereto. ~l ' 3. USl:.' of ~isl?s by UPARC. UF'''RC shL\11 U!';I:! the? I'rl'llllisl:!5 to du- vo:olop fi:lcilitip.5 wl,ich will provide education<ll, voci\l:ion...l. ,...nd ol:her oppor hlni ties ilnd servlCl:!s for the ci tl:zen~ of thl? cOllllnunil:y ~,ho h."\vE! L1 devclopme?ntaJ disability. UPAnC shall mal:e no unlawfUl, Jmproper or offensive LIse of thr. Prelnlses, 110r permit its U!iC J.n ,my ~"\'( to bec.:omr. <... nLlisi\nce. UPAI~C's Lise of thE' Premi5p.9 and facilltir.!s of tile projl!l:t, inclLlding pi\rl:iny 5piJC~S, shall enjoy thl:.' saml:! sLlp~rlDrlty i\S th.,t en- Joyed by CIQarwaler for Youth and I:he City of Cleilrw.,ter PArl:s i\nd n~c-, reatlon DepiJrtment. Thl! Found"tion recognizes that no!: les9 than i::)O non-e::cILlsive pi\rl:lng Spi\Ce9 must be iJvi\ilable for UP/mc 5ti\ff <lnd vClI- Llnteers during ei\c:h ,:,or'-.ing day. (.1:\ l!,-irt.l-P~rty U~H~ of Premtsf's. Foundation ::;h"ll b!? "llowed 1:0 per)Jt otl1er grOIJp" or nrt)''Init.ltton5 to LIse the I"re'ni"es wi 1:11 tho:! proior '1''''::lI.l\er.lqH ...."u wri~tp.n c.:/J1I5ent of UPl\nC, ilS lonq "'5 SlIc.:h ust' ducs /lrJt cn"fl.lct "11th the u"e thereof by UPAHC. 511OLlld.1 thir'u-p.:1rty bE' pn.r- ml t t<?t1 to 1I~<? th~ Prt?mi SI.'S. s... td till rd-pilr ty Llser sl1., 11 b{~ ao;s~ssl..'d its pro r....tn i\ntl I::'QLll.ti'tJlt' 9h.'Ire of the OCCUPi'ncy e:lpen~E'S tllcllrrctJ uurtnQ Exhibit "G" t'. $'';'-{~ vJ.V: ) v~ t ~~ Qj.fy" 1'to' c../.- r;i.}-/~'" !J )~ " {~:\) ~~\\~- 0--- QjL .'J'\-1 .K\ ~j ~. ;iJ: .;?? fJ ~,~~ \1\, .) 5" id mon th, or" s':? t fep. "5 UP. lp.rmint?d by :11E? lllJL',r:l L Trll!' lees 0 f lhe FClUntl.~tlon, "fld ;,,,id .~mOllnt in it!:! entir~ty sh.~ll be cn?llitr?d to UF'Ar~c. :;. Contribution to Construction Fund. To pro',dde funds far the construction of the Project, UPARC hereby covenants and "gree~ to con- tribute t1H? Ilrocc(!ds it receive9 from the s"le of 1 ts 8.4 acres located :"t 219'i Calu01l?t, Clearwilter. FL 34625 (the "::::d:;Ung F<\cllity"), or Une tllllion doll..rs ('JiI,')I)(J,I)Q').OOl, whichever 1s legs (the "I.)r:-(\I~C Contri- bution"), to the constrllction 1ltnd created by Found.:d:ion 101'" the Proj ec t. Upon comp I c te execlt tlon of this AyreemE.'n t, UPAI,C covenan ts and agrees to begin mad:eting the E:<isting Facility for sale, .:.nd "9rees to prompt:ly lni\~;e diligent .'l"d good-fi\ith e110rt to consummate the sale. UPAnC shall be the sole Judge of the reasonableness of an offer to purchase said property, and does not guarantee that such a sale and purchase will occur. UPARC further agrees that upon the clos- ing of the sale of the E;(isting ,Facility, UPAr,c shall pay to FOltndC\tlon the UPARC Contribution. In the event the sales proceeds receIved by UPAnC consigt of c~sh ~nd a promissory note ~nd mortg~gc, ~oundatlon sh",ll receive all c<lsh proceeds availabll? at the Closing, <1S well -"s <III payments together with interest th~reon until such time <IS Found~- tion 11<'9 received the total UPARC Contribution, plus all interest on the deferr-ed p^ymentll. In the "".,Il t tho C 10<linq ,hl< II take. p 1...c:.. p".Lor to UPARC ta~inQ occup<lncy of the premise9, the UPARC Contribution real- i::ed from the closing shall be invested at " rate and for <' term "',lIich !>h..ll be d!?termined collectively by both the Elo"rd or Directors of UPARC ..nd the Ooard of Tru9tees of Foundation. Any interest earned dur- ing this period shall be credited to UPARC. 6. Alloc..\tion of Ey.Dp.n~es. It is the intent o( thQ pill-ties hcr~to that UPARC shall oper"te <19 iI separate and freestanding entity. 10 Qf- f~ct this goal, ..nd to the extent possible, the Foundation sh<lll 5ecure scpi\r<lte m~ters i:\nd billings for utilities provided to the Premises. separa te HVAC systenl for the Premises, separal:e te 1 epholle service t~ th!? Premises, and any other system or service requir~d by UPARC to con- duct il:s reC]ul<lr activities <It the P'remises. :ro th!? eHtcl,t that Foun- d", tion cL\nl1ot secure sepi\rate met!?ring or bi 11ings for sl?rvit:es "en-. dered tel the Premises, the tloard of Trustees o( th!? Foundi\tion. 5tl"IJ i\ssess UF'ARC'monthly (or its pro ri\til\. ';~d equit<,ble shi\r~ of the LlS"CJc th'?reot. These services m..y include, bl!t shaJ I not: be limited to, I,/.\r- bag!? dispo~al or trash pic~up. 1he term "pro sha 11 bl? de fined UPARC 1acilitie~ property. rat~ and cquit~ble ~hareM ~~ used in thi~ ~grecmcnt a~ thl! percentage of building footprint occupied hy as compared to the total building footprint on the 7. Haintp.ni\ncc, ReplL1cement "nd OperLltil1Q E:lpl!nsC'''3. UPA''>C !Oh..ll be responsible for paying th~ cost of maintalninq and rcpillring ~ny ~nd all interior systems, fi;(tur!?s, eqLlipm~nt, and m",chin~I'Y servicing "c- tLl,dly Llsed by UPARC alld und!?r it!;) control. UpnRC ~h.:\ll pay for Llny rQpalrs or improYement5.mad~ by it, or m~de by another pursuant Lo its rl;!qu~9t or instruct.lon, to thl? Premises. UPARC shall provide! at its eNpenge Llny equipment ne~ded and utiIizl?d by it in its di\lIy operations and instruction of its citizens in the Premises. Foundation !lhall .~ssess i\ll lIs~rs of the project. including UPAHC, tor thl?lr pro rata and equitable shar-e of the e;(terior and/or common maintenance, replacement, i\nd operating enpenses incurred by the Project. The Ooar-d of Trustees of the Foundation shall determine "nd levy said i\Sge99mentD from timl? to time. .. 8. Ci\.pital Impro....emcnts. Should UI'ARC desir!! to mLl.:e ..ny capltal improvement~ to or cl:pLln9ion of the Premisc!], UPAf,C sl1.,1 I f ir!lt SVCltr'? the written .~pnrovaJ of the Doard of jrl\!ltec!I of thl? Fountli'tiol1 for any \ or a II !Il1l:h improvemen ts. Such ilpprova I shall no t be' unreilsona.b 1 y withheld. ,* 9. In.~.Q' FOltndi\tlon slla II f:eep the ProJ ec t Ins'lIr~d LIS re- quiretl~ to tho e~tent appllc~ble, by the provl~lons of Paragr~ph 19 of s.,ld Lear.e betH!?el1 the CIty of CleC\rwal:er al1d the Clei\rwi.\t!!r Youth n~c- re.~tlol1 Center, Inc. Said lnsurilllce pollcle!] !lhC\ll include a str.!ndilnl. ""lver of !lubroQ.'lt1.on cliluse again5t UPARC. Foundation sh<>1I':~:a9!le!l!l UPrlRC ...nd tiny oth'?r (;lmllar Uger!] of thQ ProJoct for,.thQlr pro rata al1tJ nquit&\ble !lhilro 01 !Such in5urancD premium, l\!1 d!!terninl:!d fro,,", tim~ to timn by thn D01'rd of Tru!lteos, 11nrJ UPI'Il!C shilll bo nam";?t1...~ an addi- tion,,1 insureu on I'll G..dd policle,j. '. -., ..~--_.._- --. -.. - ,I ) t'-'tt.,/Lcy-( y 0. '" ; A-O V c)"c...'<...J . ( I U ' I q' i-....t' ILJ" .~..v...; U:J"'VvV 117 DQ~ I ;~ fUCltf' ,(,I f-.,"ff:;' fJ \J \ '~.IJ (.:I) UPl'mc Co, ,'\: .'\11 timC?s "rid "t lL~ ::a~t mi.. ,'1.n PLlblic 11- J 1'\ (\.1}.,'billly In!lur,,nce on the PrC?m1sC?s w1th" combinE?d singll:'-limlt 'J1 .:It .. (y:r II?i1sl $1,()(lI),I)I)I).')(1 10.... pc....~on"l injury, dE'Clth, ...nd p'-operty d.:\ntllgE? Q~~\)\~Uj.J.~.)\.r\ S"id publ Ie 11 ,'\bi 11 ty polIcies sh,,11 ci\rry both the nilm!?S 01 Foundation lJ.i V "nd UPf\nC a5 the nilmed ln~ured ,HI their respective lntp.l-ests InL\Y ilPPE?ar '0f'v .:Ind UPARC sl1,,1 I provide Found"Uon wi th <I copy ther!:?o1 ilt commel1cE?mp.nt v' 01 constrw.:tion ilnd IIp.:m reQllest {rom FOllndiltlcn. it sl,...11 e::hibit re- 1~;J~ ,I' CI:.'ipt9 showing pi\)'IIll?nt 01 prem1l1ms. Sllch polici!?s sh.,ll f'.lrthE?r pro- J vide that tllr. InsLlrcr sl1al1 not ci\llcel, "I tc.... or ,,110'" e:qliration or other tl?rmin<ltioll therl'!of without <It IE?<lst twenty (21)) tlilYs prior IH'it- ten notlce from !luch insurer to Found"tlon. /~) (\ ;'\' \$ t\ jf\V./ . ~ , ~iv' :yV \~\\ ~ VV i1' \J ~r5~ ) ;r ) (b) UPARC shill I at ill I times <lnd at i t9 e:-:pense m"in ti\ln insllr- "nce against loss by fire and other c<lsualty with e"tend~d coverage on Its fLlrnitllre, fi:ltures, inventory, eqlllpment, supplies and pe....90n<l1 property loci\tcd in the Premis~s, and ~~id polic1e~ sh~11 inclutlc i\ standard w~iv~r 01 9ubrog~tlon cl~use ag~inst Foundation. ,~J~- r iO. P~ym~nt of T~"es. UPAnC shall Pi\Y its pro ri\t" or equitable shi\ro:! ot i\ny feeler",I, state and local tax~s and spE?cial i\ssessmel1ts which m~y be levied on the P....emi9c9 ~nd any improvements pl~ced the-reon, but it 15 <I';lr~ed th",t tile uses hO?....cln contemplated sc-rvt!' pr.oper, pLlblic ~nd mLlnLcip",1 purposes, and the PC\rties in no way waive .'I1Y ellemptions permitted by law. (U. s"'" II J.u..5nl!ctlon. f"oLlIIdation, h.,ve the right to insp!ct lIpOIl giving reasoni\ble notic!? to UPllr,c, the premises at all reasollable times. 12. Care of Prentisl:!'s. UPAnC will, ",t its e:~pp.nse, ~:cep tho:? interior of the Premises in good repair and condi tion during the term 01 this U~e Agrel:!'me"t.~ UPAAC will make no ",Iterations, additions or improve- 'nr.Ilts of any ~:intl in or t.:o the Premises without the writto:!n approval or cOllsent 01 the [loard of Trustees of the FoundL\tion, Which shall not.: be \.1nreasonably witllheld. Any s'_lch alterations, atJt.litions or .improvements r~qllest~d by UPARC and approved by thO? Board of Trustees shall be paid- for by uPl='lnc. Foundation wil) maintain the ro01, the str'..Ictural el- ement!>, the common b:\throom facilities, the common areas' of tho.? Project, the cnterior of the Project, the parking lot and Qrounds, and common plumbing systems In Qood order and repair. 13. As~gnmenk UFARC sh",il not ",ssign this agrecmE?nt or ",ny of its rigllts hereunder without the prior written consent 01 the Foundation. Such consE?nt will not be unreasonably withheld. 14. Termination of AqreemE?nt. Should this Agreement be termini\tO?d ~s iI re9ult of the termini\tion of said Lease between the City of C1eL\rwater and f"olllldation. Foundation hereby covenants and agrees to compensate UPAnC for its pro rata or equiti\ble share of allY proceeds r~ceived upon slIch termination of this Agreement <IS sp~ci1ied In Pa....a- Qraph 2~ of the Lease between the Ci~y and The Foundat~on. 15. Compl1ance ,..ith L..ws .,nd ReQ\.'lations. UPARC shi:\11 comply with ",II federal, state, county, i:\nd city laws, ordinL\nces, rLlles i:\nd regul",tlons "ffecting or respecting the use or cccup~ncy of the pre- mises by UPARC or the business at i\ny time th~r~on tran~L\cted by UPAnC, i:\lld UPARC !!h"ll comply with illl r~i\soni:\ble rules which mi:\Y bO? h'?reafter adopted by Foundation for the protec~ipn, w~11are ~nd orderly, manage- ment of the Project and its users or occupi\nts. lb. Cll:!i\nllne!ls of Premises. UPARC wlll k.eep the interior of the premlse!\ cl\"!i\n i\nd \o/il1 not storl:! any refus~, trash, or hi\:;:ardolls In"tc- rials in the I"rl:!,niSe9 or in or around ttm Project 01 which the Premi9c!> form a pitrt, other than in lh~ refuse cantain!!rs provided by FO\.Inc1;:\- tion. 7'" -- - 17. Rr:-rJ!?llvt?ry 01 F'rE?mises,- UPAnc slli:\l!. on the el:pir."\tion of thl~ AgreemE?nt, dellver LIp the Premises in all good ortlcr .H.d contlltion ilS it now 19 or may be put by Foundi\tlcll, rcason"ble use and ordinary wcar and tp.ar thereof "nd di\,"age by tlre or other llnilvoitJ"ble caSLli:\lty, con- d!:'nlni\tion or appropr1i\tlon ellcepted, i'ntJ UF'ARC 511.,11 IJromptly sllrrelldcr all keys to the Premlse9 to Foundi\tlon. 1El. Vi\lidlt..'i.!.. It Is llnd!:!rsLood ..nd iHJrl:!l?d that In th~ cvo::nt ,'\I1Y provlsion of till!! aQr~t"ment 9hall hI:! i\dJLld')Cll. d!!erl!P.ll. 11f!loJ, or ruled to be Invillld, SLlch rcrtlon sh~11 b!? decm\"!c! S<?'Jl?r,'\bl..!. .~nd It 51",11 not Invill itl."\tE? or ilnp~ir the "1]r(?l:!lnl'nt "!1 ., whDI~ or allY other provl!don':1 t " . of this Agre;;>ment.. 19. Succ,:,ssors "rId I"lss.Lgnc;. This I"lgrce?men t ,:\nd ill I rJrovisions, coy- enan t5 <1nd condl tions ttH?rco I sha II be bintJinq l'Don and Inl,re to tt1!~ bcne1!ts 01 the heir!:!. leg",l rcpresent.;\tive!l, SlICCl:?SSOrs, and assign<;; of tIle' par ties here to. ;:0. Sur',flv,,!. Tllis AI)rCemcnt. ShAll rC!"..;\in in 1ull 'force .;\nd ettC?ct and 9h"ll ~urvlve any merger or consolidation of Foundation with "ny other entity, or any mergC!r or con~olidation 01 UPARC with .;\ny oth~r entity. 11 Foundation or UPARC should 50 merge or consolidate with an- other entity dl,rinQ the tl?rm of this AQreeml?nt, such merger or con- solidation 5h.;\11 not be deemed to constitute ~ default hereunder, and thl? re~ultlng entity ~hall succeed to all the respective rights, duties ~nd obligations of Foundation or UPARC under this Agreement. ~~ Should the Center Foundation cease to exi!]t or become"incapable of op- ':!ra t ing The ProJ ec t, wi thou t . a5 9i gnmen t., to' an ~ L) pproved . sue c C!9sor,.. UPARC; ....:..".....'.." '. "'!{i',in.'t...;>...~ ".'.. ~hall have a right of 1irst re1usal to succeed to the interest of The ' ~ . ~, Center Foundation according to UPI"lRC's Use of the premi~e5 upon the same term~ ~nd condition~ ~~ ~et forth in tho Le~~Q with the City of Clei\rwater. 21. Entlr~ nQr~~m~nt. This Use Agreement ~nd the eahibits attached hereto constitute the elltireagreement between the partien and sup~r- sede ",II prior agreements. No waivers. modi1ications. additions, or" ad- d~nda to this Ayreem~nt shall be valid unles9 In writing and signed by both Foundation and UPARC. - 22. GovernLnQ Li'lw. This Agreement shall be governed by i'nd constrltcd in i\ccOrdancD with the laws of the State of Florida. 23. Arbitration of Controversy. All controve~nies, cli\ims. disput~s concerning the COIlS true tion, performance or breach of this or i\ny other agrc':'ment between the partie!3, whether entere,d into prior or subsequent to the dol\te or this al)reement shall upon demand and notice by l!ither party be determine~ by arbitration in ol\ccordance with the rulos of the nmerican Arbitration Association. The award of the arbitrators or ol\ majority 01 the'm shall be final. ) ="'. Recordinn. Thi!1 U$e Agreement shall not be recorded; howev~r. a short-form Agreement reflecting the parti~s h~reto, the commencem~nt date and term of this Agreement. and ol\ description of th~ real p~operty upon which the Project is located shall be recorded in the Public Records 01 Pinellas County, Florida. 25. Noti~ Any notices provided for hereunder shall be sent by certified mail. retu~n receipt requested, to the Found~t:ion, c/o Ex- ecutive Director. 2037 GUlf-to-Oay Boulevard, Suite "A". Clearwater, Florida 34625. and to UPARC, 2199 Ci\lumet. Clearwater. Florida 34625. or to such other address as either party by written notice to the other may direct. IN WI/NESS I~HEf\EOF, the undersigned parties have set the?!r h.mds ilnd seal the day .'\nt.l yei\r 1irst i\bove written. Wl tnesscs I !:J;tL~ C-~ THE CENTER FOUNDATION, INC. By:,5;;I.AdH:c..i Z ~~J,{~ Pre9iden t "FOUNDfHION" THE FOIl UPPEH PINELLAS ASSOCIATION R T1)RDEO CIT'-~. INC. UJi?7CJ~ } &t,(p~ Pre~itlent: Dy: ilO-r,';V}1 ~ "UPARC" ) .: .' \ ~ '-' " :!.. -:r , 11 I USE AGREEMENT TJII.S AGREEMENT, is made and entered into this Z S- day of tif/~/L , 1990, by and between THE CENTER FOUNDATION, INC., a Florida nonprofit corporation, whose address is 150~ North Belcher Road, Clearwater, Florida 34625 (hereinafter referred to as "Foundation"), and the city of Safety Harbor, Florida, whose address is Florida (hereinafter referred to as It SHF") . : ffilEREAS, Foundation is a nonprofit corporation deve10ping recreational and educational facilities (hereinafter referred to as the "project") on real property owned by the city of Clearwater and being leased to the Clearwater Youth Recreation center, Inc., now known as The Center Foundation. Inc., under that certain' Lease Agreement dated December ~9, 1986 (hereinafter referred to as the "Lease"), a copy of which is attached hereto as Exhibit "A'" and incorporated herein'by reference; and WHEREAS, SHF desires to use a portion of the Project to' establish an office and to provide educational, recreational, and other services to its citizens 'and their families; and " WHEREAS, Foundation finds that such use of the property is for a proper public purpose; and WHEREAS, Foundation has established a construction fund for' the purpose of generating monies to construct the, Project and ,its improvements; and WHEREAS, SUF' agrees to invest in the Project by making a contribution to such construction fund of certain monies ,to be used for construction of the project and 'its improvements,.as" more specifically described hereinafter. . , . ,. . NOW, THEREFORE, in consideration of the'premises and ,of the faithful performance by each of the parties of the covenants 'ant:f.: agreements between each other made, it is mutually agreed between the parties hereto as follows: ., . ',. '. . " . . 1. Recitals. The above recitals are true ~nd corr~ct and~ incorporated herein by reference. 2. Premises and User Fee. For and in consideration of the sum of One Dollar ($1.00) per year, and other good and valuable consideration to it in hand paid by SHF, the receipt and sufficiency of which are hereby acknowledged, Foundation does hereby grant and assign to SHF the exclusive use of approximately 400 square feet of the Project, which shall consist of three (3), offices" as more particularly described and depicted on Exhibit "Bit attached hereto and incorporated herein by reference (hereinafter ref~rred to as the "Premises"). Exhibit "H" .. ,I t 3. Term. The term of this Agreement shall commence on the date SHF taKes occupancy of the Premises, and shall continue for a period consistent and concurrent with the term of the,Lease, as the same is extended from time to time in accordance"with"::' ..'..;'::',~ Paragraph 2 of the same. Should this Agreement be terminated as a result of the termination of the Lease for any reason, Foundation~ hereby covenants and agrees to compensate saF for its pro rata and equitable share of any proceeds received upon such termination of~ this Agreement, if any but in no ,event less than:$375,OOO"OO;~plus,.~ 1/6th of the unrestricted endowment unless 'SHF ,cont1nues.,to.,enjoy;,; the rights contained herein under the same terms and conditions " herein. ',' .. 4. Use of premises by SHF. SHP shall u.se the prelDises to provide educational and re~reat~onal services, and otheroppor-, ',:::. tunities and services to its citizens. :SHF sha~l, make no ulll.awful' improper, or of fens i ve use of the premi se~" nor permi tits' Use' in';' any way to become a nuisance. SHF's use of and acce~s 'to (and'its citizen's use of and access to) the Premjses and the facilities of the project, including parking spaces, shall enj6y'the same ~ superiority as that enjoyed by Clearwater for Youth, UPARC,~'the'''''., City of Clearwater Parks and Recreation 'Department,' and, YWCA..:.,... ':' (hereinafter referred to as the "Other Sponsors'" or ,"SpC:;>nsoring. .',.,. Agencies"). . Any resident or ,member of a Sponsoring, Agency.shall'b ent i tled to participate in a sponsored activi.ty of another, '. . Sponsoring Agency for the same fee as' that ,c'harged of members, o'r,,:' : residents of the Sponsoring Agency, so long as ,there .is unfilled' space in the sponsored activity. SHP shall be ,charged, on..,'a,..pro .'..~ rata basis for the use of the facilities ,of the. Project: and.'.such"/., charges shall be consistent with and in proport'ion, to those~cha~~~ by the Founda ticn to the other Sponsors, and shall be' subject:: to : , the same rules, regulations, and policies as imposed: on."the:',Other:': Sponsors. : ,', ..".:.;..,,~;,,'.:,.. .,..;': ~l -:.. ."lj~:'. ':}::": . ..::~ ....' ", . " . '"- d. -:. .~: .t;.:~~:::;;,~:'~. ;'.".~':';:: " '" . ,: ,:': :f7~":,i':'.;:..::,~' ;':;,;~; " . . . ~ ," ~'~'.~~~.~t'l~':~ .\'::,.;.:I~'t : ":~"':'~I':~'.':':' .:'. '!~{ ......,.......,.. ."..:...; ~ ., : . , 1 I . 5. Contribution to Construction Fund. To provide funds for the construction of the Project, SHF hereby Covenants and agrees to contribute to the construction fund, Three Hundred Seventy-Five Thousand and No/lOOth Dollars ($375,000.00). Said contribution (the "SHF Contribution") shall be made within fifteen (15) days after the issuance of the Certificate.of ' Occupancy for the Project by the appropriate go~ernm~,ntal:'agency.", ',: .., ... 6. Operatin~ Expenses. SHF shall. be responsible for '. paying its pro rata and equitable share of the' operating expenses" of,the premises not to exceed Seven Thousand Two Hundred Dollars" and No/IOOths ($7,200.00) during the first year of the term ' , hereof, payable in equal ~onthly installments of Six Hundred and: ,~ No/I00ths Dollars ($600.00). The operating expenses,may.include~~~ but shall not be limited to, utilities (exclusive of telephone'.. .:'.... services), insurance, janitorial service, grounds maintenance" . waste removal, water, sewer, replacement costs of capital :. . improvements, and common area maintenance. SHF's, payment ..of..its::,' . " pro rata share of the opera ting expense~ of tht; Premises may be . . .' increased or decreased on an annual bas~s cons1stent ,with and in' proportion wi th . the annual-'increa'se~;-'::or"\'d~'d/r'eta:s.es!~cH~\rge'd'"kt'QlI~tnet~~~ Other Sponsors. The Board of Trus tees of the Foundation " shall.,.. "'." determine and levy the assessments for the operating expenses. '. ". ...... .. ,:.t ,,' '. p! t.:.. . .0 ,.. ... ,';: ..... .... ..,.'........ . . ~. ", . ...... .......: ./'," .... ',.. :,'~. :.~:. '.~.: ..'. ,,. ,. '.. '.\ 9 t~'...,."..,;..~..:l ',". ....... J.' '~."..~'.;..r,.~ '. .. ':: '::~ ":.'~: ~'\:;:.:.~:':~1i~~ '., ::i:,: ,;::~~~'~:~~~~~:;: .... " "t;-.,.: '. . .' .~ ........,....\.'.11.\..... , I 7. Maintenance. Foundation shall maintain and keep in good condition and repair any and all interior systems, fixtures, equipment, and machinery servicing the premises, including, but not limited to, all mechanical and electrical systems and equipment, plumbing systems, water-heating systems, and heating and air-conditioning systems. Foundation shall also keep and maintain the bathroom facilities in the Project, the common areas of the Project, the parking lot and grounds of the Project, and the foundation and structural portions of the Project in good condition and repair, including the exterior masonry walls and the roof of the Project. Notwithstanding anything contained herein to the contrary, SHF shall be responsible for providing at its own expense, any equipment, fixtures, machinery, or other goods and effects ,needed and utilized by it in its ~aily ~u operations and instruction of its citizens in the Premises, and shall also be responsible_for paying the cost of maintaining, installing, and repairing any and all ~uch equipment" fixtures, machinery, and other goods and ~ffects. 8. ,SHF' s Fixtures. At the termination of this Agreement, SHF shall, if not in default hereunder and if no damage ~ill result to the Premises thereby, remove its detachable fixtures, equipment, ~achinery, goods and effects, and those of all persons Claiming by, through, or under it, and shall..surrender the Premises and all improvements thereto in good order, repair, and condition, reasonable wear and tear excepted, to Foundation or its successors or ass ign~. Any permanently-installed fixbJres, , alterations, or improvements shall be deemed real property, and at the option of Foundation, shall remain the property of Foundation at all times during and after the term hereof. In the event Foundation permits SHF to remove any such permanently- installed fixtures, 'alterations, or improvements, and any damage to the Premises results from such removal, SHF shall repair such damage at its own expense, and shall restore the Premises to the same repair and condition as when SHF took possession thereof, reasonable wear and tear excepted. 9. Telephone Service. Foundation shall be,responsible for bringing telephone service to the Project, and SHF shall be responsible for securing telephone service to the Premises. SHF shall also be responsible for making monthly payment therefor directly to the service provider. . . 10. Capital Improvements. Should SlIF desire to make any capital improvements to or expansion of the Premises, SlIF shall first secure the written approval of the Board of Trustees of the Foundation for any or all such improvements, which approv~i shall not be unreasonably withheld. 11~ Insurance. Foundation shall keep the Project insured as required, to the extent applicable, by the provisions of, Paragraph 19 of the Lease. Said insurance policies shall include a standard waiver of subrogation clause against SHF and shall name as an additional insured thereunder. , I SHF shall at all times and at its cost maintain public liability insurance on the Premises with a combined single-limit of at least $1,000,000.00 for personal inj~ry, death, and property damage, which insurance requi~ement may be increased from time to time at the direction of the Board of Trustees of Foundation. Said public liability policies shall carry both the names of Foundation and SHF as the named insureds as their respective interests may appear, and SHF shall provide Foundation with a copy thereof upon taking occupa~cy of the Premises and, upon request from Foundation, .it shall exhibit receipts showing payment of premiums. Such policies shall further provide,that the insurer shall not cancel, alter or allow expiration or other termination thereof without at least twenty (20) days prior written notice from such insurer to Foundation. SHF shall at all times and at its expense maintain' insurance against loss by fire and other casualty with ,extended coverage on its furniture, . fixtures, inventory, eqUipment, supplies and personal' property located in the premises, and said policies shall include a standard waive~ of subrogation clause aga~nst Foundation. . .....:. .' .r.........'... 12. Inspection. Foundation, upon giving reasonable notice to SHF, shall have the right to inspect the premises 'at all."..., . ..'.".lh reasonable times. 13. Assiqnment. SHF shall not assign this Agreement or any of its rights hereunder without the prior written consent of the Foundation, Which consent will not be unreasonably withheld. If Foundation consents to any such assignment, SHF shall only be permitted to assign this Agreement or its rights hereunder to another organization or entity whose mission and purpose are consistent and not in conflict with those of SHF. ~4. Compliance with Laws and Requlations. SHF shall comply ~ith all federal, state, county, and city laws, ordinances, rules and regulacions affecting or respecting the use or occupancy of the Premises by SHF or the business at any time thereon transacted by SHF, and SHF shall comply with all reasonable rules which may be hereafter adopted by Foundation for the protection . , welfare and orderly management of the ProJect and its users or occupants. . 15. Cleanliness of Premises. SHF will keep the interior of the Premises clean and will not store any refuse, trash, or hazardous materials in the Premises or in or around the Proj~ct of which the Premises form a part, other than in the refuse containers provided by Foundation. '16. Redelivery of Premises. snF shall, on the expiration of this Agreement, deliver up the Premises in as good order and condition as it now, is or may be put by Foundation, reasonable use and ordinary wear and tear thereof and damage by fire or I I other unavoidable casualty, condemnation o~ appropriation excepted, and SHF shall promptly surrender all keys to the Premises to Foundation. 17. Representation on Board of Trustees. Foundation hereby grants SHF voting representation on the Board of Trustees of The Center Foundation, Inc., equal to the voting representation enjoyed thereon by the Other Sponsors. . lB. Siqnaqe. Foundation hereby grants SHF the right" to have its corporate sign on Belcher Road as'a part of The center's signage. SHF shall be permitted signage of equal quality, size, distinction, and exposure as the other Sponsors. In addition to signage on Belcher Road, Foundation hereby grants .SHF signage in The Center's main.entrance/courtyard area, and on all doors and entrances to the Premises. All ,signage must be in accordance with'local ordinances, rules, and regulation. 19. Validity. It is understood and agreed that in the' event any provision of this Agreement shall be adjudged, decreed held, or ruled to be invalid, such porti~n shall be deemed ' severable, and it shall not invalidate or impair the agreement as a whole or any other provisions of this Agreement. 20. Successors and AssiQns. This Agreement and all provisions, covenants and conditions thereof shall be binding upon and inure to the benefit of the heirs, legal represent- atives, successors, and assigns of the parties hereto. 21. Survival. This Agreement shall remain in full force and effect and shall survive any merger or consolidation of Foundation with any other entity, or any merger or consolidation of SUF with any other entity. If Foundation or ~HF should so merge or consolidate with another entity during the term of this Agreement, such merger or consolidation shall not be deemed to constitute a default hereunder, and the resulting entity shall succeed to all the respective rights, duties and obligations of Foundation or SHF under this Agreement. 22. Entire Aqreement. This Use Agreement and the exhibits attached hereto constitute the entire' agreement between the parties and supersede all prior agreements. No waivers, modifications, additions, or addenda to this Agreement shall be valid unless in writing and signed by both Foundation and SHF. 23. Governinq Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 24. Arbitration of Controversy. All controversies, claims, disputes concerning the construction, performance or breach of this or any other agreement between the parties hereto, whether entered into prior or subsequent to the date of this Agreement, shall upon demand and notice by either party, be determined by arbitration in accordance with the rules of the American '\.. or a ; Arbitration ~sso~ation. The decision of tJe arbitrutors majority of them shall be final. 25. Recording. This Use Agreement may be recorded; or a short-form Agreement reflecting the parties hereto, the commen- cement date and term of this Agreement, and a description of the real property upon which the project is located may be recorded in the public Records of pinellas County, Florida. 26. Notices. Any notices provided for hereunder shall sent by certified mail, return receipt requested, to the Foundation, c/o Executive Director, 1501 North Belcher Road, Clearwater, Florida, 34625, and to SHF, c/o City Manager, Safety Harbor, Florida, 34695, or to such other address as either party written notice to the other may direct. 27. Attorneys' Fees. Should i~ become necessary for either party to enforce this Use Agreement by legal process, including arbitration pro~eedings, all costs of such proceedings, including reasonable attorneys' fees through and including any appellate proceedings, shall be borne by the non-prevailing party~~ IN WITNESS WHEREOF, the undersigned parties have set their hands and seals the day and year first above wri~ten. " --'; ./- :.~. : OJ ';'~;' .i~,~t't...~.':'<"'; ,~,:..~:; ~...~ ....~ ;)\",,,'":"\1\:01", ';"JI~'I' .~.iJ!A.~.l\~J' f"/'~;" ... . ... .......... ...0 .0". . ,.f' pl',. '. '07." :":d' ....Z. . Witnesses: THE CENTER FOUMDATION, INC. "FOUNDATION" CITY OF SAFETY HARBOR, FLORIDA B ""-> . ssioner 'l ~' (. Ci~y:->c~ ~ By: ATTEST: t-/'f; ~" ~ RobeXt: . Hoskins, City Attorney III, J;~",,<<?Z/ #d~ Deputy Ci ty ,Clerk "SHF" ..:, . STATE OF FLORIDA I' COUNTY OF PINELLAS ) ) SS: ) I. I ) I hereby certify that on this day, before me, an oEficer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments. personally appeared Frederick E. Fisher, Chairman, Center Foundation, to me known to be the person describe. in and who executed the fbregoing instrument and he acknowledged ' before me that he executed the same..." WITN,ESS my hand and official seal in .d~q ~h;/.'Mf Pinellas county, Florida, this .:<.5zt.., day of April n~o. . .' . My Commission Expires: NOTARY PUDlrc SlATE Of rLORIDA ~y CO~~I!~I~~ (,? r.~~ Jl.I~~l CQI!CED :~~:J GH'E;;!.:. IS$. cnn. ....~ .. , ,. i"111/ , \\ .' \ .... \\ (. '" /: Q~ .~\ ' "\' ......" ~~ ." {, .. .r .:' :." (,:.' ~ ~..'/ ~. (Notary Public I: j. \ I.. ( .' (., ~ , t. 'f~ t e. ( .. ~. .I..,'....~ ,", .~ /',"'. (',," " './. ", \ ". I .1.... '. 1 . .' STATE OF FLORIDA ) ) SS: ) .... .':' J.:~. ,.....:... ,~.:.:. COUNTY OF PINELLAS I hereby certify that on this day, before lIle, an officer ..: duly authorized in the State aforesaid and in::th~::4f7A.~n,t:;Y~ClI~9,h,~~,~!.q':;' to taKe acknowledgments, personally appeared /l"'Th'~.e' Zt!!u/.u~ ".. .,' ~/'AJ J, 'l)ow.u~~ .' City of Sa fety Harbor, to ~e..,k':lown to be.~;.';.:, the personsdesc:r1.bed 1n and who executed the forego1.ng lnst.rument,,:.~'1 and fhejacknowledged before me thatfheyexecuted the same. ....... ".,:~~:: . WITNESS my hand. and official seal in ~At.e~ /~~~e Pinellas County, Florida, this ~~7-l day of 'April, 1990.", .,.,.: '.. ... ~~::n:. My Commission Expires: f Floridl Notary public, s~ale)~ 30. \993 My commiwon ~\lU " "...... .:.... I"~~i.\ . ..;........ . . .: '\1.':" d) l/7 . 1 ~..\\\\I.I\I\';;;;~~ (//~l.\'; ~(r.(. , .,~.,. " . .... . . " . ~'.: I . e .t. . :, ."'..' I"" . .' t" <' ". . '\ f :. I.;: I.... '- ~.. ; ,.. , -;:. I' t ,'" ( '.J ..~ ". '"" '. ,(:! ., ,.." " 1';"\ "., '. \'..' ..~:, .', 1/; '1" i" ., '1',,':/illIlI\lIII,I e - -,. - ~ ;.; ;:;, ~ ...~ '.' : ;-:. n, n,' "5 ~ n Cl ~ E:: ;-:; ~ ...... I I (I' l : / 2 --;' :.. fJ :-: .\ g 2 5 -:: ~. 2 !t~ The Long Center Capitol Improvement Needs I Doyle Center for AQuatics Painting interior metal structure Marcite - 50 Meter Marcite - teaching pool Disabled Aquatic Chairs - heavy duty EZ Stander (adapted aquatics) Replace starting blocks and anchors.. ECS system - indoor pool specific (both)' Replace emergency horns in pool area Springboards ($2,500 ea) Ozone replacement for 50 meter Painting Filter Room & color coding P AlSound System Acoustical Material Replace 50 meter pwnp motors (2). Replace valves for 50 meter Piping. labor, drain & fill pool Add row of bleachers wlbacks Replace pool windows Family/ADA Changing facilities (new) Pool Storage - 1st and 2nd floors (new) Pool Weasel Portable Vacuum Hookah Replace chlorine tank - in kind vendor ~'~ , ~ ~ rl:l1 ,.!, ". J m ,. ~",., ':.~~. P:~ ~., ;i., ,\.: Diving Board Stands McBall teaching pool cover & reel Replacement Ozone Units Teaching Pool Lane Lines & reels 50 meter heaters (2) Teaching Pool heater Water Spray Deck (new) Lifeguard Chairs Competitive tinling system (US Swimming/Speedo grant) Install3x3 fire proof window in office Replace Chlorine Feeders Portable Aerator Amplifier replacements for pool P.A. Tcaching pool replacement pumps ~j if! M i ~; N .;~, .~r: n;! ~"J ~j ~~~ ~ fI '>,\ L~ it I;;' :\": 1";1 McBall 50 meter pool cover and reel Porlable Aquatic Lift E:.: hi bit" r" r.s G-:).3; ~ ~ :O)~'\~.l;r-......~...~S .:In':J n=:-~:...~,T I (:;fJ ; -,. 2 I S fj ~ .~ ~ 2. 5 Calilislc Courts & Gvmnasium (:w.. ~, ij 1.1 Enlarge/add breakers for gym Replace curtain dividers rods motors Sand, paint lines -logos seal (current insurance claim) Acoustical Material & labor 3' x 10' scoreboard (3) (Pepsi contract pending) Volleyball sets (3) & carriers Fitness Room Equipment Upgrades ;-:" Keiser generator Gym floor three point line (Spring) ""'1 .... iiJ ~ ~ ~ ~ ~ f!;j Personnel Lift Install 3,0 Fire Proof Window in office Re-Imnp Gym lighting Buildine. Lobby/fitness carpeting Replace Storefront doors & hardware Replace solid doors & hardware Seal Exterior of Building - split face & flashing (LC) InstaJl Digital Security System w/camcras Upgrade fire alarm system Replace floors in locker room (3,400 feet) Upgrade courtyard baths/partitions Upgrade computer techno logy Upgrade membership software Laser printers Lobby furniture ADA Signage Public Address system (new) Replace Water FOtmtains Replace Exit lights to LED Acoustics for Bright House Nctwork space Facility/motor surge protection (FL Power ERICa TVSS) ~ '~1' ~. ~- i,....1. !~ it~ ;~ :;;t .~ '.~ ~ ~I~ ~~ f~] ~,;:{ Replace lights with energy savers Facility Carpeting - Adm & agencies Keyless Entry for exterior doors ~::."'''l Replace Facility Hot Watcr Heater' Upgrade vanity/mirror in locker roome; Rcplncc copier Create Concession Area (new) s- 6-03; ',:Og~M:PARKS and RECREATION ; ;-27562 ~ S25 it L., ..:. Grounds Replace entry sign/marquee Replace Carry-all w/Kawnsaki Mule Replace John Deere tractor Crown & drainage of Vogel Fields Curbing for islands $6.00 per linear foot Playground table tops - recycled plastic ReplaCe railroad ties throughout site West parking improvements Southeast parking improvements Asphalt & line parking lot (5-7) Replace sidewalk to pool to UP ARC Replace and seal pavers in courtyard' and sidewalk Alligator Creek Signage Remove Sunshine Playground Replace Playground Replace 20 ton HV AC system Replace 11 ton HV AC system Replace 14 ton HVAC system Replace 1 ton BY AC system Replace 5 ton HV AC system Replace 4 ton HV AC system Outside track (new) " a .~: . .~ r 110', ..~.. ........ I , .~.: .:." ~':.: ::..'"), .~:i ~d ;l.,.; I': .... [!." t~l: I r~ =~ r.' ~.:~ J;.S ~ f.I !:5 ~.. ..... s~ !'i ~ ~ ~ !i: :": =. ..... ITEM # ~ /<:,\~l-...~"\. ~~~~.. f<::i~,"" ~ l~;';:'" ~ \P' -~_ ~ ~~:---: <c~ ~.ar_~~ Final Agenda Item # Meeting Date: 1~' C' " " I I - ,.' I I~Y Clearwater Citv Commission Agenda Cover i\1emor::mdum Work session Item #: 8/21/03 SUBJECT/RECOMMENDA TION: Approve amendment to Florida Department of Environmental Protection (FDEP) cooperative funding agreement No WAP050 in the amount of 52,000,000 to share the cost in implementation of the Lake Bellevue Stormwater Improvements project, lBl and that the appropriate officials be authorized to execute same, SUMMARY: · The Commission approved the Cooperative funding agreement with the FDEP for implementation of Stevenson Creek water quality improvement projects in June of 2001, . The original agreement was based on the following cost share: City 50% $1,500,000 FDEP 50% $1,500,000 Total 100% $3,000,000 · The amendment will add 52,000,000 to the agreement resulting in the revised cost share: City 50% $2,500,000 FDEP 50% $2,500,000 Total 100% 55,000,000 . Commission approval of this amendment is necessary in order to secure state funds for the Lake Bellevue Stormwater Improvements project. The project will provide water quality and flood protection benefits. Specific costs and details will come to the Commission for approval. . Third quarter budget amendments will establish the Capital Improvement Program and 04 Stormwater Bond Construction Fund projects, 315 and 357-96152, Lake Bellevue Stormwater Improvements, establish the budget for 51,000,000.00 of revenue from the FDEP and transfer $1,000,000.00 of budget for 04 Stormwater Revenue Bond revenue from 357-96142, Myrtle Avenue Drainage Improvements to fund the City's share of this project. . To replenish the budget and revenue for the Myrtle Avenue Drainage Improvements project, third quarter amendments will transfer $550,000 and $273,441,00 of '02 Stormwater Bond revenue from 377-96145, Tropic Hills Drainage Improvements (close project) and 377-96140, Sharkey Rd Drainage Improvements, respectively. An additional amendment will transfer $176,559.00 of '99 Stormwater Bond revenue from project 375-96127, N. Greenwood Stormwater Retrofit. . Resolution 02-51 was passed on November 21, 2002; establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2004 revenue bonds as a funding source were included in the project list associated with Resolution 02-51. . A copy of the inter-local agreement with FDEP is available for review in the Legislative Services and Official Records office. Reviewed by: Legal ('~'Ji~:_ Budget Purchasing Risk Mgrnt ('.....J NA NA Originating Dept: Costs: Info Srvc NA PlWorks(E. Shoberg)'~-L{ Total Public Works 3Zr User Dept. DCM/ACM " I Current FY Other NA Attachments - N/A Funding Source: CI OP Other Subm itted by: "j)' ,.. J 1 City Manager 'D4U ~~ .'': - '-J Printed on recycled paper , i 00 NONE I Appropriation Code: ______, - _._._ ...1 lake Bellevue Orn Irnprvmnts & FOEP Agrmnt Amend Rev. 2/98 '*l/ (. DEP AGREE~lENT NO. WAP050 AMEND~IENT NO.1 THIS AGREEMENT as entered into on the 6th day of August, 2001. between the STATE OF FLORIDA DEPART1\1ENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the CITY OF CLEAR WATER (hereinafter referred to as "Grantec" or "Recipient") is hereby amended. WHEREAS, paragraph 2 of the Agrcement provides for additional services to be includcd 111 the Agrccmcnt as funding is madc available by the Legislanm:; and, WHEREAS, additional funding in the amount of S 1,000,000,00 has been made available to the Department for this project; and, WHEREAS, the total project cost of the Agreement will be increased from $3,000.000.00 to $5,000,000.00 (an increase of S2,OOO,000.00); and, WHEREAS, the completion date of the Agreement necds to be eXh:nded to allow for the completion of the project as described in the Reviscd Project Work Plan; and. WHEREAS, the Grantee understands that certilication forward of State Fiscal Year 2000-2001 and of State Fiscal Year 2002-2003 funds supporting this Agrecment beyond June 30th of each year is subject to thc approval of the Governor's Office; and. WHEREAS, the Grantee has requested an end date that extends beyond the current authorized funding period; and, WHEREAS, the Grantee understands that if the Governor's Office does not approvc the Department's request to certify the funds forward, the Grantee will not be eligible for reimbursement for the activities covered by the remaining unpaid State Fiscal Year 2000-2001 and State Fiscal Year 2002-2003 funds; and, WHEREAS, other changes to thc Agreement are necessary. NOW, THEREFORE, thc parties hereto agree as follows: Thc title of the Agreement is hereby revised to rcad as follows: DEP AGREE:\IENT NO. W AI'OSO STATE OF FLORIDA WATER ADVISORY PANEL GRANT ASSISTANCE I)URSUANT TO LINE ITEI\I1591G OF THE 2000-2001 APPROPRIATIONS ACT. AND LINE ITEM 1769 OF THE 2002-2003 APPROPRIATIONS ACT Paragraph 2 is hereby deleted in its entirety and replaced with thc following: 2. This Agreement shall begin upon execution by both parties and end no latcr than June 30, 2006, inclusive. The Grantee shall not be eligible for reimbursemcnt for work pcrformed prior to the execution date of this Agreement. The Grantee understands and agrees that certification forward of the State Fiscal Year 2000-2001 and of the State Fiscal Year 2002-2003 funds supporting this Agreement beyond June 30th of each year is subject to the approval of the Governor's Office. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. DEI>> Agrccmcnt No. \\'1\1>>050. Amcndmcnt No.1. Page I of 4 Paragraph 3 is hercby delctcd in its entirety :lI1d rcplaccd with the following: 3. As consideration for the services rendered by thc Grantee under the terms of this Agrecmcnt, thc Departmcnt shall pay the Grantee on a cost rcimbursement basis in an amount not to cxceed S2.500.000.00 toward the total project cost cstimatc of $5,000,000.00. Thc parties hcreto agrec that the Grantce is responsible for providing a minimum match of S2.500.000.00 (or 50% of thc total project cost, whichever is lcss) toward the project described in Attachmcnt A-I. If the Grantce finds, after receipt of competitivc bids, that thc work describcd in Attachment A-1 cannot be accomplished for the current estimatcd amount. the parties hcreto agree to modify the Project Work Plan describcd in Attachmcnt A-1 to providc for thc work that can be accomplished for the funding identified abovc. The Grantee shall be reimbursed on a cost reimbursemcnt basis for all eligible project costs upon receipt and acceptance of a propcrly completed Paymcnt Request Summary Form (provided as Attachmcnt B). In addition to thc sununary form. the Grantee must provide from its accounting systcm. a listing of expenditures chargcd against this Agrcemcnt. The listing shall include, at a minimum, a dcscription of the goods or serviccs purchased, date of the transaction. voucher number. amount paid, and vendor namc. All rcquests for rcimburscment of travel expenses shall be in accordance with the travel limits cstablished in Section 112.061, Florida Statutes. Periodically. the Department may request proof of a transaction (invoice. payroll register. etc.) which must be provided within thirty (30) c.llcndar days of such :1 requcst. The Department also rescrvcs the right to audit thc Grantcc's disburscmcnts as it dcems neccssary. All bills for amounts due undcr this Agreemcnt shall be submitted in detail sufficient for a proper pre-audit and post-aUllit thereof. State guidelines for allowable costs can be found in the Department of Financial Services' Rcference Guide for State Expendituics at www.dbf.state.llus/aadir/relcrence guide. Paragraph 9. the second sentcncc is hereby modificd to change thc period for accessing records from thrce years to five ycars. Paragraph 10. is hereby modilied to read as follows: In addition to the provisions contained in paragraph 9 above. the Grantce shall comply with the applicable provisions contained in Attachmcnt C-l, Revised Special Audit Requirements. A revised copy of Athlchmcnt C-1, Exhibit-I, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-I shall summarizc the funding sources supporting thc Agrccment for purposes of assisting the Grantee in complying with the requirements of Attachmcnt C-1. If the Grantee lails to receive a revised copy of Attachment C-1. Exhibit-I. the Grantee shall notify the Department's Grants Development and Review Managcr at 850/245-2361 to request a copy of the updatcd information. Paragraph 19. is hereby modified to read as follows: The purchase of non-expendable equipmcnt costing S I ,000 or more is not authorized under the tenns of this Agreement. The following language is hereby added to the Agreement as Paragraph No. 22: 22. The Grantee is authorized to purchase the land dcscribed in Attachmcnt A-I. All land acquired under this Agreement shall be used in perpetuity for the purposes described herein. The following language shall be included on the deed to the property purchased under this Agreement. "By acceptance of this warranty deed, Grantee hereby agrees that the use of the Property described herein shall be subject to the covenants and restrictions ("Restrictive Covenants") as set forth in tllat certain Grant A ward Agreement (DEP Agreement No. W AP050) which is attached hereto as Exhibit _ and by refcrence made a part hereof. These Restrictive Covenants shall nm with the Property herein described in perpetuity and be binding on all subsequent 0\\11erS of the Property. Until such time as the Restrictive Covenants are released DEP Agreemcnt No. WAP050, Amcndment No.1. Page 2 of .. from thc Propcrty, the Florida Departmcnt of Environmental Protection shall be dcemed a third party beneficiary of these Restrictivc Covenants in a court of competent jurisdiction. Thcse Restrictive Covenants may be enforced by the Florida Department of Environmental Protection in any judicial proceeding seeking any remedy rccognizable at law or in equity, including an action or lawsuit seeking damages, injunction, specific performance. or any other form of relief, against any person, firm or entity violating or attempting to violate any of these Restrictive Covenants. Invalidation of anyone of these Restrictive Covenants by a court of competent jurisdiction shall in no way affect any of the other provisions of these Restrictive Covenants, which shall remain in full force and effect. Grantee agrees to incorporate these Restrictive Covenants in any subsequent deed or other written instmment by which Grantee transfers or conveys fee simple title 0:- any other possessory interest in the Property herein described to a third party. Grantee further agrees to give written notice to the Florida Department of Environmental Protection of the conveyance or transfer of any interest in the Property at least 20 days prior to the date of such conveyance or transfer." "Requests for release of the Restrictive Covenants from the Property shall be directed to the Florida Department of Environmental Protection, Oflice of General Counsel, Attention: Contracts Attorney, 3900 Commonwealth Boulevard, Tallahassee. Florida 32399-3000." Attachment A, Project Work Plan is hereby deleted in its entirety and replaccd with Attachment A-I, Revised Project Work Plan, attached hereto and madc a part of the Agreemcnt. All references in the Agreement to Attachment A shall hereinal1er refer to Attachment A-I. Attachment C, Special Audit Requirements is hereby deleted in its entirety and replaced with Attachment C-I, Revised Special Audit Requircments. attachcd hereto and made a part of the Agreement. All references in the Agreement to Attachment C shall hereinafter refer to Attachment C-l. In all other respects, the Agreement of which this is an Amendment, and attachments relative thercto, shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. \"APOSO, Amendment No. I, Page 3 of 4 IN WITNESS WHEREOF. the parties have caused this Amendment to be duly executed the day and year last written below. CITY OF CLEARWATER STATE OF FLORIDA DEPARTMENT OF ENVIRON~IENTAL PROTECTION By:William B. Horne II Title: City Nanager !JY' &~( ~1?fe i:-;J !l~lUV.'-- / tfi,?ecretary or designee I /9 /0-.2;; I ' Dale: ATTEST: Date: Cynthia E. Goudeau City Clerk ~4-z- ~ Rose Poynor, DE~er Countersigned: ~{,'-U--I- \)(Y?Y ..' . . . ::::::.\::::::::: . . . I, . . . . . . . . ............. Brian J. Aungst Mayor-Commissioner Approved as to form and legality: ot1~~~ t ~ List of attachments/exhibits included as part of this Amendment: Specify Type Attachment Attachment Letter/ Number A-I C-I Description (including number of pages) Revised Project Work Plan (3 Pages) Revised Special Audit Requirements (5 pages) DEI' Agreement No. WAJlOSO, Amendment No.1, Page.t of 4 ATTACHMENT A-1 Revised Project Work Plan Stevenson Creek Water Quality Improvement Projects The Florida Department of Environmental Protection (Department) and the City of Clearwater (Grantee) agree that the primary objectives of this project consist of the following: To provide water quality improvements within the watershed through reduction in channel erosion, sedimentation, and metal and nutrient loading. Stormwater management will be addressed within the watershed which will result in water quality benefits both within the Creek and within Clearwater Harbor, which are designated Outstanding Florida Waterbodies and Aquatic Preserves. The project will also result in flood protection within the watershed. The project will consist of the implementation of one or more elements within the system that include: . primary channel stabilization utilizing techniques such as channel reshaping and gabian construction to reduce erosion and pollutant loading . secondary channel stabilization ranging from reshaping to drop swale culvert design . offline wetland treatment systems and in line stormwater outfall treatment to provide both water quality and habitat benefits . dredging of the estuary for both habitat and water quality benefits . land acquisition that will enable the Grantee to implement projects from the Watershed Management Plan or restoration of the estuary. Scope Detail 1. The Grantee shall be responsible for the final project plan and implementation of the plan. The project plan shall include surveys, construction drawings, time lines, detailed budget information, bid documents and any subcontracts. The project plan shall be submitted to the Department for review and approval prior to implementation. 2. The Grantee shall be responsible for obtaining all necessary permits/authorizations. 3. The Grantee shall notify the Department of the project start up dates at least 14 days prior to commencement. 4. The Grantee shall provide adequate on-site management to insure compliance with the project plan and any permit conditions/requirements. 5. The Grantee shall be responsible for proper turbidity, sediment and erosion control at the work site so that State water quality standards pursuant to Chapter 62-302 Florida Administrative Code are met. 6. Any significant modifications to the project plan must be agreed upon by the Department and the Grantee. 7. The Grantee shall submit quarterly progress reports, which shall include invoices, and a final report and invoice within 30 days of completion of the project. Progress reports shall include documentation of work completed and activities scheduled. A guideline for reporting may be requested from the Department. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. WAP050, Attachment A-1, Page 1 of 3 Stevenson Creek Estuary Restoration: The Stevenson Creek Estuary discharges to Clearwater Harbor at the intersection of Ft. Harrison Street and Sunset Point Road. The project will involve the dredging of approximately 80,000 cubic yards of muck sediments from the estuary. The dredging will be conducted in a way to preserve as much of the natural contour of the bottom of the estuary as possible. 10,000 cubic yards of sand and muck will be removed from under and around the North Fort Harrison Avenue Bridge (the mouth of the estuary) to improve tidal flow. Exotic vegetation will be removed. Plants will be planted in the littoral zone and trees such as mangroves will be planted on the shoreline. After the project, the City will turn the dewatering site into a public park. The USACOE has estimated that construction will begin in May 2005 and will take 12 months to complete. Lake Bellevue Improvements: In order to provide additional flood storage and littoral/wetland vegetation for water quality improvements, up to an eight-acre expansion of Lake Bellevue is proposed. This expansion would further increase the level of treatment provided by the lake and should improve overall lake water quality. Additional mass reductions of approximately 13,300 pounds of suspended solids and 550 pounds of nitrogen are expected on an annual average basis. The proposed expansion would remove an area of overgrown vegetation as well as a number of exotic tree species. The excavated areas will be planted with native plant species suitable for littoral habitat. In addition to the environmental benefits the expansion of the lake will allow 17 dwelling units to be removed from the 100-year flood plain and will remedy level of service deficiencies on four streets. The estimated timeline for construction is 8 months for design and permitting and 12 months for construction. This project is highly ranked in the recently completed Stevenson Creek Watershed Management plan, based on environmental benefits and flood protection. Property Acquisition (Components of the Stevenson Creek Watershed Management Plan): Palmetto street Sediment Sump 1312 Palmetto Street 1009 N. Betty Lane 1007 N. Betty Lane Spring Branch Improvements-retention/treatment pond within Stevenson Creek Watershed 3.72 acre more or less, vacant tract, North side of Sunset Point Rd., 430 feet west of King's Highway, Clearwater, FL 33755-1534 Wolfe Property-7.63 acres Parcel ID 03-29-15-85428-000-0030 Lots 3 through 15, inclusive, Stevenson Creek Subdivision, Plat Book 21, Page 83. BudQet Explanation and Proiect Timeline: Timeline State Funds Matchin Funds Total Cost Com leted $175,000.00 $175,000.00 $350,000.00 Completed $195,165.00 195,165.00 $390,330.00 May 2003- $1,000,000.00 $1,000,000.00 $2,000,000.00 Jan 2005 Stevenson Creek Dredging May 2005- $1,129,835.00 $1,129,835.00 $2,259,670.00 Ma 2006 Total Cost $2,500,000.00 $2,500,000.00 $5,000,000.00 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. WAPOSO, Attachment A-1, Page 2 of 3 The Department shall pay the Grantee on a cost reimbursement basis for eligible costs associated with the services described in Attachment A-1 for a total of up to $2,500,000. The Grantee shall provide a match of 50% of the total project costs for this phase of the project. The Grantee's match is expected to be provided by $1,750,000 funded through the City of Clearwater stormwater bond dollars and $750,000 funded by the Southwest Florida Water Management District. Appropriate project costs may include, but not be limited to, work associated with project construction, including: excavation, dewatering, structures, revegetation with native plants, mobilization/demobilization costs, and property acquisition, cleanup and business purchaselremoval/liquidation for dredge spoil disposal and wetland creation projects. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. WAP050, Attachment A-1, Page 3 of 3 ATTACII:\I E~T C-I REVISED SPECIAL Al'DIT REQliJRE~IENTS The administration of resourccs a warded by the Department of Environmcntal Protection (which may be referred tv as the "Dl!partmcnt", "DEP". "FDEP" or "Grantor", or oth('/' name in the contract/agreement) to the recipient (which may be referrec! to as the "Contractor", Grantee" or other !wme in the contract/agreement) may be subject to audits and/or monitoring by thc Departmcnt of Environmental Protection, as describcd in this attachment. i\IONITORIi'iG In addition to reviews of audits conductcd in accordancc with O~IB CIrcular A-133 and Section 215.97, F.S.. as rcviscd (sce "AUDITS" below). monitoring procedurcs may includc. but not bc limited to. on-site visits by Dcpartmcnt starf, limited scope audits as dcfincd by O~IB Circular A-133, as reviscd. alHVor othcr procedurcs. By entcring into this Agrecmcnt. thc rccipicnt agrces to comply and cooperatc with any monitoring proccdurcsprocesses decmed appropriate by the DepartnK'nt of Environmcntal Protcction. In thc cvent the Dcpartment of Environmental Protcction dctermines that a limited scope audit of the recipient is appropriate, the recipicnt agrees to comply with any additional instructions provided by the Departmcnt to the rccipient rcgarding such audit. The recipicnt further agrees to comply and coopcratc with any inspections, reviews. invcstigations, or audits dcemed nccessary by thc Chid Financial Orticer or Auditor General. AUDITS I'ART I: FEDERALLY FUNDED This part is applicable ifthc recipicnt is a State or local governmcnt or a non-profit organization as defined in OMB Circular A-133, as rc\'ised. I. In the event that the recipient expcnds $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program.specific audit conducted in accordancc with the provisions of OMB Circular A-133, as rc\'ised. EXHIBIT I to this Agrccmcnt indicates Fcderal funds awarded through the Department of Environmcntal Protection by this Agrccment. In dctcrmining the Fedcral awards cxpcndcd in its fiscal year, the rccipicnt shall consider all sources of Fedcral awards, including Federal resources received from the Department of Environmental Protcction, The determination of amounts of Federal awards cxpended should be in accordance with the guidelines established by OMB Circular A-133, as revised, An audit of the recipient conducted by the Auditor Gencral in accordance with the provisions of OMB Circular A-133. as revised, willmcet the requirements of this part. 2. In connection with the audit requirements addressed in Part I. paragraph I" the recipient shall fulfill the requircments relative to auditee responsibilities as providcd in Subpart C of OMB Circular A-133, as revised. 3. If the recipient cxpends less than 5300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as reviscd, is not required. In the event that the recipient expends less than 5300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Fcderal resources (i.e., the cost of such an audit must be paid from rccipient resources obtained from other than Federal entities). 4. The recipient may acccss infonnation regarding the Catalog of Federal Domestic Assistancc (CFDA) via the intemet at http://aspe,os,dhhs.~ov/cfda. REMAINDER OF PAGE INTENTIONALLY LEFT I3LANK DEI' Agrccmcnt No. \\''\1'050, Attllchmcnt C-I, I'llgc I of 5 PART II: STATE FUi'iDED This part is applicable i I' the recipient is a nonstate entity as ddined by Section 215.97( 2)(1). Florida Statutes. I. In the event that the recipient expends a total amount of State tinancial assistance equal to or in excess of S300,000 in any liscal year of such recipient, the recipient must h3\'e a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Flori(f3 St3tutes; applicable mles of the Executive Office of the Govcrnor and the Chief Fin3ncial Of/ker; and Ch3pters 10.550 (local government31 cntitics) or 10.650 (nonprofit and for-profit org3nizations). Rules of thc Auditor Gcneral. EXHH3IT I to this Agreemcnt indicates Statc financial assistance awarded through thc Department of Environmental Protection by this Agreement. In determining the State finanei31 assistance expcndcd in its fisc3l year, the recipient shall consider all sources of Statc tin3ncial assistancc, including State financial assistance received from the Department of Environmental Protection, othcr state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nons tate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph I, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entitics) or 10.650 (nonprofit and for-proiit organizations), Rules of the Auditor Gencra I. 3. If the recipient expends less than $300.000 in State tinancial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97. Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i,e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at http://sun6.dms.state.flus/fsaalcatalog.htl11 or the Governor's Office of Policy and Budget website located at http://www.eo~.state.fl.us/for assistance. In addition to the above websites, the following websitcs Illay be accessed for information: Legislature's Website lillp:l/w\y\\',lel!.~state. n.us', Governor's Website httn://ww\\'. ngov.com/, Department of Financial Services' \Vebsite lillp://www.dbf.state.n.us( and the Auditor General's Website http://www.state.n.us/aud gen. PART III: OTHER AIJDlT REQUIREMENTS (NOTE: This part would be used to spec((y (lilY additiol/alaudit requiremel/ts imposed by the State awarding entity that are solely a matter oft/wt State Clwarding entity's policy (i,e" the alldit is not req/lired hy Federal or State laws and is 1I0t ill cOl{flict with other Federal or State! a/ldit requiremellts). Pursllant to Section 2/5. 97(7}(111), Florida Statl/tes, State agencies may condllct orarrcmgefor alldits of State .financial ass ista lice that are in addition to alldits condllcted ill accordance with Section 2/5.97, Florida Stat/ltes, In slIch WI e\'ent, the State ml'lmli1lg age1lcy 11//lst arra1lgeforfil1lding the fl/II cost ofsl/ch adclitiol/al alldits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida J2J99-::!.WO DEI' Agrccmcnt No. \\'APOSO, Attachmcnt C-I, Pagc 2 of 5 B. The Federal Audit Clearinghouse designated in O~IB Circular A-133, as rcviscd (thc number of copies required by Sections .320 (d)(l) and (2). OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 120 I East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133. as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised. and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of thc Inspector General. i\1S 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies of financial reporting packages required by PART II of this Agrcement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General. ~1S 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 40 I, Claude Pepper Building III West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was dclivered to thc recipicnt in correspondencc accompanying the reporting package. ()EP Agreement No. W AP050, Attachment C-l, Page 3 of 5 PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. 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EO~ ~~. og~ .... .., 0 c.,u ~ -B..,11 u] .!:! 5 .E? i> :":"'L1..,~ -::l .... ~ ;.. ... < c:; :5 In .... o I/j IlJ :.l: C': ::.. - , U c S - 'tl C': - < iii Q I/j =- < =: Q Z - c ~ S ~ ~ ... !;Jl < =- w Q Clearwater City Commission Agenda Cover Memorandum Work session Item #: C\, L..-: J) Final Agenda Item # i I -'I Meeting Date: 08/21/03 SUBJECT/RECOMMENDATION: Approve Change Order #5 to Keystone Excavators, Inc. of Oldsmar, Florida for the Mandalay Avenue/Papaya St./San Marco Reconstruction contract to complete Phase II of the MLK (North Greenwood) Corridor Enhancement project (01-0029-EN) increasing the contract amount by $229,390.56 for a new contract total of $3,458,093.97; approve a time extension of 150 days; approve funding for a 10% contingency of $22,939.05 within the MLK Corridor Enhancement project; ~ and that the appropriate officials be authorized to execute same, SUMMARY: · The original contract was previously approved by the City Commission on November 15, 2001 for $1,747,000.00. · Change Order No. 1 was approved by the City Commission on July 18, 2002 for an additional 5935,243,53 and a time extension of 90 days for the Contractor to perform the replacement of the main water line and additional work along Mandalay Avenue. . Change Order No. 2 was approved administratively for an additional $153,791.69 including a net deduction in the water main items. Change order No. 2 provided for the Contractor to remove and replace the existing concrete road base along with additional storm drainage and utility conduits on Mandalay Avenue. · Change Order No. 3 was approved by the City Commission on November 07, 2002 for an additional $163,281.82 providing for this Contractor to perform the demolition and removal of the roundabout fountain at the entrance to Clearwater Beach. · Change Order NO.4 was approved administratively for an additional $229.386.37 providing payment to the Contractor for additional storm drainage pipe & structures and rebuilding the road base at the Baymont St. / Mandalay Avenue Intersection, concrete curb and brick pavers for a truck apron around the inside of the roundabout and additional parking spaces on Baymont St. · Change Order No. 5 will provide payment to the Contractor for additional work for the Phase II portion of the North Greenwood Streetscape Project. The work includes medians, traffic separators, roadwork, sidewalk work, straight curb, site furnishings, landscaping, irrigation and gateways. · A third quarter amendment will transfer $252,329.61 of budget and Gas Tax revenue from the Capital Improvement Program project Traffic Calming, 315-92259, to the North Greenwood Corridor Enhancement project, 315-92263, to provide sufficient funding for this change order. . A copy of the change order is available for review in the Official Records and Legislative Services department. Reviewed by: Legal Funding Source: CI X OP Other Costs: /," Total Info Srvc O~),): ' .....) '-, NA $229,390.56 ,--~ Attachments Budget Purchasing Risk Mgmt ~ NA Public Works DCM/AC Other Current FY Submitted by: City Managor NONE 1Scl1 ~ Appropriation Codo: 315.92263.563700.541.000 Mandalay Avenue Change Order No, 5 (N. Grnwood Phs II) . K,e":l~;'e \R v.2/.98 WV. '1 ll.' U Printed on recycled paper ...~ ." ~ \.. I.J.. ./~f : I '1 ! .././' :"'- r' ' I CHANGE ORDER Date: Tune 30,2003 #5 PROJECf: Mandalay AvenuejPapaya Street/San Marco Reconstruction PROJEcr NUMBER: 99-0098-EN PO REFERENCE NO.: 699 30694 CONTRAcrOR: Keystone Excavators, Inc. 371 Scarlet Blvd. Oldsmar, FL 34677 DATE OF CONTRACT: November 3D, 2001 CODE: 315-92263-563700-541-000 ~LUI'l::. V1' LllANLil::.: l.l-ll~ LliANLil::. UKUcl<. ALLcl'1 ~ l<.t. V l:iIUN~ 1 U lllt:. LUN II{AL I See attached sheets for additional items. STATEMENT OF CONTRACT AMOUNT ORIGINAL CONTRACr AMOUNT $ CHANGE ORDER #1 S CHANGE ORDER #2 $ CHANGE ORDER #3 $ CHANGE ORDER #4 S CHANGE ORDER #5 $ NEW CONTRACT AMOUNT 5 ACCEPTED BY: 1,747,000.00 935,243.53 153,791.69 163,281.82 229,386.37 229,390.56 3,458,093.97 KEYSTONE EXCAVATORS, INC. , /J f" B t;;1?,tt/'-~)1t'2;/C- I ~ ,qSEAL) . Robert C. Fornwalt, Vice-President I3miH}.: Aungst, Mayor - Commissioner 7 .I q !c) ~' Date: Witnesses: . ----., I~- /.' ~,v1 Bryan . Ruff~/ ~E~ Alice Eckman ATTEST: 1~~A~~ Robert Fernandez Cynthia E. Goudeau, City Clerk Date: CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA William B. I-lome, II Michael D. Quillen, r.E. City Engineer City Manager .. I Pagc 2 continued: RE: Change Ordcr #5 - J\.'fandalay Ave.jPapaya St.jSan Marco Rcconstruction 99-0098-EN ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST 1 ;...,Iobilization 1 LS 519,671.08 519,671.08 2 Traffic Conh'ol '1 LS 521,435.00 521,.135.00 3 Clear & Grub, Erosion Control, 1 LS 524,485.00 524,.185.00 Staking 4 I'd \'emeIlt Remuval 379 SY 53.50 $1,326.50 5 Sidewalk Removal 197 SY 5-1. 00 5788.00 6 Bench Removal 1 EA 5356.00 5356.00 7 Excavation, Road\vay 244 CY 53.75 5915.00 8 Sidewalk 4" 197 SY 522.50 $4,432.50 9 Sidewalk Ramps 12SY 528.00 5336.00 10 Concrete Traffic Scparator 5SY 5188.00 $940.00 11 Sked 40 rvc Conduit, 2" Electric 120 LF 56.27 $752.40 12 Sked 40 rvc Conduit, 2" Irrigation 100 LF 55.13 $513.00 13 In-Line Drip Tub, Netafinn 6,500 LF 51.50 $9,750.00 14 Rainbird 1402 Bubblers 21 EA $97.75 $2,052.75 15 Hunter Spray Heads 6" 63 EA $16.22 $1,021.86 16 Rainbird Conh'ol Zone Kits (for 9EA $274.00 $2,466.00 dripline) 17 Irritrol Cont. Valve Assembly 3 EA 5326.00 $978.00 18 Rainbird Controller 1 EA $658.00 $658.00 19 Rainbird Controller, ESr-4 5EA $453.00 $2,265.00 20 Connection to Reclaim Valve 3 EA $820.00 $2,460.00 21 Connection to Water Main Valve 3 EA $820.00 $2,460.00 22 Directional Bore, 2" 241 LF $21.10 $5,085.10 23 Sked 40 rvc Conduit, I" Electric 200 LF $5.05 $1,010.00 24 Sked *80* rvc Conduit, 4" Irrigation 25 LF $7.18 $179.50 25 Sked "80* rvc Conduit, 2" Irrigation 1,298 LF $4.64 $6,022.72 26 Sked *80* rvc Conduit, I" Irrigation 20 LF 53.23 $64.60 27 UF-Direct Bury Irrigation Control 2,000 LF $1.12 $2,240.00 Wire #14 28 Topsoil hackfill30" at medians 308 CY $24.00 $7,392.00 29 Cabbage ralm <1 EA $190.00 $760.00 30 White Bird of Paradise Plant 4 EA $97.00 $388.00 31 Indian Hawthorn 263 EA $10.64 $2,798.32 32 Liriope, Evergreen Giant 855 EA $5.31 $4,540.05 33 Lantana plant 344 EA $4.50 $1,548.00 34 Cardboard Palm 2,1 EA $60.40 $1,449.60 35 Corallxora Plant 292 EA $10.64 $3,106.88 36 Confederate jl\smine 20EA $4.68 593.60 37 t\lulch 75CY $39.00 $2,925.00 Page 3 continued: RE: Change Order #5 - Mandalay Ave/papaya St/San Marco Reconstruction 99-0098-EN 38 Site Furnishings - Bench 8EA $1,423.00 $11,384.00 39 Site Furnishings - Litter Can 6 EA $538.00 S 3,228.00 40 Site Furnihsings - Decorative 8EA $4,362.00 S 34,896.00 Columns 41 1\'leter & Drop for Lights 4 EA $2,884.00 S 11,536.00 42 'Water Meter 3EA $966.00 $ 2,898.00 43 Peko Signs 16 EA $580.00 S 9,280.00 44 Xeriscape Sign 7EA $130.00 S 910.00 45 Pavement Markings, 6" 733 LF $0.70 $ 513.10 46 Pavement Markings, 12" 56 LF $2.00 S 112.00 47 Pavement rvlarkings, 24" 40 LF $4.20 S 168.00 48 Pavement Message, School 2LF $250.00 S 500.00 49 6" x 18" Straight Curb 1,300 LF $11.00 S 14,300.00 Totall 5229,390.561 Norman, Lois From: Sent: To: Cc: Subject: Bush, Keith Tuesday, July 22, 2003 11 :27 AM Norman, Lois; Pages, Marty Quillen, Michael; Barrett, Earl; Davis, Laura M, RE: Tracking Changes Lois, The correct meeting date is 8/21 for the CO#5 to Keystone on the Mandalay Aven contract. -----Original Message----- From: Norman, Lois Sent: Tuesday, July 22, 2003 11:25 AM To: Pages, Marty Cc: Quillen, Michael; Bush, Keith; Barrett, Earl; Davis, Laura tot Subject: RE: Trackin(; Changes Re CO#5 to Keystone. Mandalay Avenue moving to 8/21/03-------Legal delivered a signed-off agenda memo for this item with an 8/7/03 date, Please confirm date for me, Thanks m--Origlnal Message----- From: Pages, Marty Sent: Monday, July 21, 20032:56 PM To: Norman, Lois Cc: Quillen, Michael; Bush, Keith; Barrett, Earl; Davis, Laura tot Subject: Tracking Changes Delete (this is a duplicate of the ratify and confirm for Morelli Landscaping (8/21) [------.....----. -. ......,. ,-.-- Change Order-MLK Streetscapin{1 ~=-== -:8/7/03 ~ 8/7/03 _~ Move to 8/21: I p,;{iEng . .,.., _ to Keystone/ Mandalay A venue 8/21/03 1 . , r.' . 1 CfJa.!7ge Orger #5 8/21/03 "Beach Walk Presentation" from 8/18 to 9/18 - Name change to ''Approve Beach Walk Concept Plan" 'Vrainage & Utility Easement-Ghovaee" from TBD to 8/21 Add to TBD: Drainage & Utility Easement: Morton Plant Hospital Drainage & Utility Easement: K. F. Turner Drainage & Utility Easement: Z. M. Xiong Add (if you don't already have..J "Palmetto/Casler Easement-Urban & Gillespie" to 9/18 meeting Res No. 03-31/ Spec Assmnt - Alligator Crk Channel F - Coachman. 11/6/0J meeting 1 Declaration of Surplus: Former RR R/W Parcel 8/21/03, last, 9/4 Declaration of Surplus: N. Greenwood Townhomes Lot 8/21/03, last 9/4/03 thanks Marty Pages Public Works Adrnin. 727/562-4756 2 :::--d '-L~~~ ::,: ; /;......t.~ -~u~.,: f--'.~ ~4t'-6 ,;, G~~bYb~'7~ G 9a-'l~~? ~o. P,O Box 303 Dunedin. Florida 34697 ACSI 567 0 -7 (727) 446.3485 VIA? MiLE ...-~)- FAX (727) 442-47l9 4 19 Augu:-t ~ 1. 2003 Brian Aungst, Mayor HO)1 Hamilton, Vice M'lyor \Vhitney Gray, Commissioner F rank Hibbard. C ommis~;ioner Bill J()nson, Commissioner City of Clearwater, Florida J 12 Osceola Avenue Clearwater, FL 33756 RE: Greenwood Corridor Enhancement ProjectflvfLK SUB.JEeT: \Vorkshop o(August 18,2003 for Commission i\leeting of August 21, 2003 Dear Honorable ,Mayor, Vice Mayor and Commissioners: After reviewing the articles being written in the St. Petersburg Times concerning the Nonh Greenwoodl.MLK project and reviewing th-:: City's \vorkshop tapes of 8/J 8/03, Steve's finds it imperative to make you, the City Commission, aware of the tnlth surrounding this project and clear our good name. 1t is apparent in these meetings and articles that Steve's is being used as a scape-goat, covering up the new City of Clearwater Building Construction Superintendent's mismanagement of this project. Steve's has been a local contractor located in the heart of Pin ell as County for over 22 years and has completed many ~uccessful project~ for the City of Clearwater during this time and we have the greatest respect for the professionals that work for the City. Pleas~ read the certified letter that was sent to City Manager William Horne on March 26, 2003 as well as the detailed timeline attached, which depicts the numerous delays, many caused by the Building Construction Superintendent's refusal to answer Steve's letters and we'lJ quote what he stated. "1 Am Not Answering Stel'e .... Bull 51.;t Letters", which is on tape and in the minutes of the meeting and which was his behavior throughout this project, which breaches the contract and totalJy out of character for the City of Clearwater. Also included is a sUn1Il1.1ry of the invoices that are still due and owing to Steve's and have never been dispured to this date, some ofrhese invoices go as far back as July 2002, the non-payment by the City breaches the contract, violates State la\\/ and puts the contractor in fiscal distress. This total is over $400,000,00 and the project has been complete since March 2003. I:S-:d I -:d~~~ ~: I If-'t.' r- KUc" ......~ . .' Brian Aungst, Mayor Hoyt Hamilton, Vice 1\1ayor Whitney Gray,' Commissioner Frank Hibbard. Commis:;ioner Bill Jonson, Commissioner City of Clearwater, Florida August 2\, 2003 Page 2 We thank you in advance for your attention to this very important matter and hope that this can be resolved amiC<lbly for all concerned. IfYOll have any questions or require any flU1her information, please don't hesitate to cal\. Sincerely, ~ {;-c- cat~ Sarnago President -- -z...... Attachments: (fpagcs) 8-21-20035:17PM F-RO~.' f--'.c. cJ~~~ ~ &~ & g;~~P fizc. P.O. Box 303 Dunedin. Florida 34697 (727) 446~3485 FAX (727) 442-4719 VIA r-ACSIM1LE 562-4052 CEI\TlrlED MAIL W,I099 3400 0017 4625 9592 MnrC:1 26, 2003 Mr. William Horne City :V1anagcr City ofClcnrw41tcr P.O. 130x 7478 Clearwater, FL 3375~ RlZ' North Greenwood Corridor Enhancement Contrn,:t #01-0029-EN SUI1.1ECT: DEr-/Vvtt\ TOR Y REM^RKS IN ST. PETE TIMES MARCT" 16T11 . SUNDAY EDITION DC~lr Mr. Horne: 1L i~. unfortunate that we mc~t this way in article and letter form. as I have \vatchcd you many times on the televised commission meetings and have always thought you were doing ~ grcClt job for the City, as being City ~1ani1ger of any city is a very dif1iculljob. This letter is concerning the defnmntory remarks made about Steve's in the MClrch 16111 Sunday edition of the Sr. Pete Times on rhe above referenced project. The article stated, "Hornl! blllmed Cle(/nl'llta (.'(J/1tmctor, Stel'c's E\'ctll'lIting siI)'in!: cr~H'S were oftelJ dillertcd to other jobs, Icm'illK Iltc 1l1art;" Lut/ter King, Jr. /lI'CJ1lle project shvrrluwded ITltey rook roo dam IOllg to get some of the lJ'ork dOlle Ollt there. It's jl1c-,\clIstlbll!/". We agree with your statement that Hit toole too darll/on;:", but it should be attributed to the City's COllstruction Superintendent. undisputed evidence is detailed in the Timclinc which is enclosed. It was (\150 very disturhing thnt the anic1e had nothing positive to say about Clearwater or what Clcarw:llcr has done r.:)r thi:- cO!l1munity <It Ihis loc<llion. As a longlime resident, \hi~ p:lrt or Grccllwood/MLK was alwnys avoided. Now with the recreation and aCJuatics center, the library and gated npartments ilnd roundnbout roC\d project with its majestic palms. it is beautiful. Either the statements were misquoted or if actually made, you were provided inaccurate information from your Construction Superintendent who was not named in the article. (j) 8-21-2883 5: 1 8~'.' ;..;..;m~ f--'.:, .' Mr, William Home City Manager ~'f<lrch 26. 2003 Page 2 The true fc1cts <Ire as ro\low~, these are the rr:;'tjor delays attribut~ble to this projcc[: Contrnct Time 456 Days Substalltinl Completion December 30, 2002 City adds $184,000.00 in storm work to be put under :'fLK <Idding 90 days New SlIbst:tntinl Completion 1\Inrch 31, 2003 Rede~ign conmcr structures in MLK, $28,120.00 adding 21 days. New Sllbst:tnti:ll Completion April 21, 2003 Design on ~anit my sewer replacement, S3 7. GOO. 00, adding 14 d3YS. New SlIbstanti:l1 Completion May 5. 2003 Design for 12" water line, at ivlLK, $94.038 50, adding 30 days, New Substnntial Completion June 4, 2003 Design nod reconstruction of ScminolcfMLK. S7,569.00, adding 10 days. New Substantial Completion June 14,2003 Steve's demobilize major rond crew until redesign and conflicts are resolved, 1 SS day:; of deby. New Subst:lntial Completion December 22, 2003 See d ct:1ilcd Tim('linc, :lttachcd. lrit \vas not for Gary Johnson getting involved and answering pcninent questions. this project still wOllld not h<lve been paved to lhis date. Steve's hn$ worked for~he City of Clearwater for a very long time. completing many successful projects together such (IS: · Clcnrwnter Bench Stonnwnter Improvements/Roy StatingC'r . Hercules Avenue Stormline replacement/Ray Boler · Lin Station #7, Seawall Repair, Jeffords Street/Bob ]\'l:lran · Seminole;: Docks Baflle Boxes/Bob Mar:m . Allen '$ Creek Gabion Project/AI C~rricr · 2000 Reclaim \\'ntcr System I:nprovcments/G:lt')' .Johnson a~ \\'<-11 ;IS M;lnd~dnylt\cacii\ Street ROllnndnboul. Glrnn n:1hnjcl<. which won :~n llW:lnl. Stew's is Pl'l)lld ()l'lheCity OrCIC\1rwi'lICf' as \Vcll n~ its proCessionals who have <;ho\\'n tl1cmsc.:lvL'o; tp be l)l' the highest ethical st~ndards. These professionals clearly hi\Ve integrity and dedic:llion. not only for [he City but for the people it represents. which Steve's has been privileged to \Vork with over [he years. Unfortunntely, we cannot say the same is true for the new City of Clearwater Con~truction Superintendent who has proven himself to be anything but the above, which you will see in the detailed Timcline enclosed, ~-~,-~~~~ ~: 1~~M r- kUi.' r.o Mr. William Home City J\.'fc1nagcr Mnrch 26, 200J Page :; Even with the numcrou!; conflicts and redesigns, Steve's has substantially completed its work months nhcild of schedule, The City has yet to initiate the Change Order required or milke pl\ymcnt for work completed by Steve's milny months ago, which has been the pattern throughout this project. IfyolJ hnve nny factual basis for making the stntements attributed to you in the St. Pete Times, plca!\c consider this a request for that infom1ation under the Public Records Act. Jfyol! now know the statements attributed to you in the newspaper were false or misquoted, please retract them so that they appear in the newspaper in an equally prominent location. Tn closing, Steve's has nlways enjoyed working with Clearwater, overcoming nny connict that ariscs. But. n contrnctor cannot proceed diligently if they are not given written directive. \Ve look forward to your prompt response to this letter. If you require copies of any letters as detailed in the Time1ine, any further infonnation or would like to meet, please don't hesitate to call. Since~ Cathy Samilgo Pre$ident ~ ., '::'-L: -'::::~i::J~ ~, ::;'--1"1 :- --<:1,....1,',: I e::! .gi !C)Ill.l ia.l~ ; gjCl !U1 i-or i I I I , .: I : :~I ! 101 -:1-1- Q) ; enr I C) c I CJ <u I : .;:: .cf ! c..- U : IV 0 ro c:: '- .... 'C.' 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Q)~c::~<l.l~t5ro~."C~~~~~~~5~cOVlVl~> ~ > ~ ~ t: ~ E :::. 0 :.a VI Q) {,.. ('C {,....c tJ 0 g i5 :c .S ,.S o;? Ir- ~ ~ ~ ct' Vl .- <l.l C ~ ro Q) c ['J > m u.. ~ c .. .. u ti.. i c:. c: (j) 0 ~\- ~ ~ -~. ~~ ~- ~I- ~~-l~+--l~i~ I~~~ ~.---I~ e ~~ QQee e ~! e !21!2 le"QQ I I ~ ~ ~I ~\!~ ~::!J ~\ ~I ~ I .~\~ ~I~:! J ; N N NI C\N N N IN N! IN i jN N ;n;M n I ! I I I ' ; I J , I I ! I I I 1 i I I I I I I , I J -T,-j-+- I i j -,--\--- ---I i!. I i I I I I' I ! I I I I (e.> ,-- jro ,0 'V' 0' ......1 O'l' ~l I "<:' 'V' 00 ..... ...... ,0 ..- 'M ;::::: ii3 I I ! , -L I ! I IT ! k ! --\- , - ..... I lfJ 'I I ~ o ! I 1 ' I I I i I I ! I \ I i ! , Q) u .;:: a.. ...... I'::: 0:> \l') co r:r> O'l. \l') N \l') N V) lD ...... o lD III ~ t'O a.. 0- G: - ~~~~ ~: ~LJ,r-r"l rr-<ur.! f-'. I"::> VIA FACSHvlILE Revised & Refaxed 8/6/03 Augu~t 5. 2003 Aeve. j, ~X&V~~ & 9tZ~n~ ~A~.. P.O. Box 303 Dunedin. Florida 34697 (727) 446-3485 FAX (727) 442-4719 Ray Boler, Assist. Public Services Director, F A..-'\ 562-4951 City of Clearwater P. 0, Box 4748 Cle.,:water, FL 33758-4748 RE: North Greenwood Corridor Enhancement Contract #01-0029-EN SUBJECT: Pnst Due Invoices Dear Mr. Boler: Steve's is in receipt of your fax dated August 4, 2003. Attached to it was a copy of the City of Clearwater's internal greenbar with a note "Revised Payment Sheet #21." Per our conversation yesterday, thi~. greenbar \Va!; prepared by Mr. Rick Bennett. Though some of the past due invoiced items seem to be addressed in this greenbar. there are still other invoices that are short as well a5 invoices that (Ire not <lddres5cd at all nnd fife long past due. All invoices are true and correct and have never been disputed by the City, Detail Summary of Steve's Invoiced Itt'ms: Con tract Line Item 1 SA, Per this faxed greenbar, the 1. 13 tons of fittings. S6,315.25 invoiced by Steve's in February 2003 are on this August greenbar. '* Contract Line: hem t 9A. Seven of the eight gate valves invoiced in !\fay 2003, $3,255.00 are on thi$ AUb'Ust grcenbar. However, one gate valve invoiced in May is missing. $465.00 Contract Line Item 23A, Four service connections, $2,116.00 invoiced in January 2003 are on this August greenbar. '" Contract Un(' Item 24A. 579.55 tons of the 651.89 tons of asphalt patch invoiced in April 20ll3, $17,676.28. is on this August greenbar. However, 71.34 tons of asphalt patch ofrhat invoice. $2.206.37, i5 mi~sing, Contract Line Item 27A, 49) .13 SY of asphnlt was installed and is on the station sheet~. Thi$ qUHnlity is correct. '/I: Contract Line: Item 2SA, 33.34 SY of the 57.34 SY of asphalt driveway invoiced in April 2003, $706.81, is on this August greenbar; however, 24 SY of asphalt driveway invoiced, $508.80, is mlssmg. o ~ ," '""" I-I Ray Boler, Assist. Public Services Director, F /LX 562-4951 City of Clearwater Augu st 5. 2003 Page 2 ,. Contract Line Item 30A, 33,34 SY of the 57.34 51' of base course invoiced in April Z003. S306,73, is on this August greenbar: however, the 24 SY, $220,SO invoiced is missing. COJltr"act Line Item 31A. 1,524 SY of sod $5,331.29, invoiced in Apri12003 is on this August greenbar. * Contract Line Item 33A. 114.56 51' of pavement removal, $223,39, invoiced in January 2003 is not on this August greenbar. '" Contract Line Item 35B. 100 LF of concrete gutter removal S475.00 inv\liced in July 2002 is not on this greenbar. Contract Line Item 44B. 135.81 CY of fill, $774.13, invoiced in April 2003 is on this August greenbar. ." Contr;'lct Line Item 46A. 155LF of straight curb, Sl,550,OO. invoiced in J.muary 2003 is not on this August greenbar. * Contract Line Item 46B. 114 LF of straight curb, S1,140.00 invoiced in .January 2003 is not on this August greenbar. * Contract Line Item 48A. 305 LF of valley gutter, S5.947,50 invoiced in March 2003 is not on this August greenbar. A Contract Line Item 49A. 5.7 SY of 6" concrete driveway, S 181.83 invoiced in April 2003 is not on this August greenbar. Contract Line Item 50A. 49.99 SY of concrete sidewalk Sl,107.28 invoiced in februa'1' 2003 is on this August greenbar. Contrt:lct Line Item :51B. 43.22 SY of brick border sidewalks, $2,763.92 invoiced in March 2003 is on this August greenbar. Contract Line Item 52A. 7.78 SY of concrete ramp, $381.22 invoiced in April 2003 is on this August grecnbar. Contract Line Item 60B. 14.23 SY of concrete separator, $2,846.00 invoiced in March 2003 is on thi~ August greenbar. ~ Contract Line. Item 77B. .04 percent oflandscaping, $4,821.60, invoiced in January 2003 is n()t on this August greenbar. '--' .:::: =:::G::::.....,., --...... . ,..- I:: Ray Boier, Assist. Public Services Director, FAX 562-4951 City' of Clearwater AU~'.lst 5, 2003 Page 3 1: Contr:lct LilH' Item 82B. 10 signs 56,765,00 invoiced in :\I:lrch 2003 is not on this August greenbar, 11 Contr:lct Lint Item 83B. 3 relocated signs, 5199.50, invoiced in ::\[arch 2003 is not in this August green bar. :It Contract Lin(: Item 126B. Removal of 12" water line, $603.75, invoiced July 2002 Greenbar states wrong amount of S306. 75, (Perhaps the City transposed its numbers?) Steve's is !;till owed S297.00 since .July 2002. ~ot corrected on this August greenbar. 11 Contract Linc~ Item 143G. ,05 new conflict structure, 51053.75, invoiced in August 2002 not on this Au!:.'Ust gn:enbar. Your fax does not address invoiced items that were not part of the original contract, yet directed in the field by the City. ot Invoiced Line Item 154. Missing 2 'h" electrical conduit, 5528.33, invoiced on August 28. 2002, contractor at aquatic center ripped out conduit to put sewer line in, City directed Steve's to put in new electricall;onduit under road. power to lights poles in center island. " Invoiced Line (tern 155. Water break at Marshall, $1,530,00, invoiced on November 21, 2002, City of Clearwater valve leaking, 1t Invoiced Line hem 156. Steve's crews waiting for City to turn on reclaim water so Steve's could test its lines. S:;50, Invoiced Kovember 22,2002. 11 Invoiced Line !tem 157. \Vater tap leaking at ~farshall, 5~,1 00.00, invoiced on ~ovembc" 22, 2002. 1< Invoiced Line Item !58. Brass underdrain c1eanouts. $440,00, invoiced on Januar:y 29,2003. "" Invoiced Line Item t 59_ Tanker truck watering required on newly installed palm trees for seveml months. waiting for City's new irrigation design. Sll,330.00. invoiced April 2,2003. ,t Invoiced Line Item 160. 6" Thick concrete slab, 2' under asphalt at the intersection of Lincoln & Pierce, $2,740 00, invoiced April 4, 2003. * Invoiced Line Item 161. Steve's repairs leak at Marshall, Sl,525.00. invoiced April 4, 2003, Ray Boler, Assist. Puhlic Services Director, FAX 562-4951 City of Clearwater August 5, 2003 Pag~ 4 '" Invoiced Lin(' Item 162. Additional survey directed field changes" i.e. retaining walI, ctc., $2,500.00, invoiced April 4, 2003. " Invoiced Lin(' Item 163. City directs Steve's to get another crushed concrete test report (does not believe first reports. second report confirms first.)S225.50, invoiced Apri) 11,2003. ): [nvoiced Lin(' hem 166. Three demobilizations, S9,000,OO, invoiced April 28,2003. Su btotal of above detailed past due invoices, $] 00,527.25 f< Invoiced Lin!' Hem 165. Extenuating conditions due to numerous delays. active interference with the prosecution of the contract. SI71.434,12. Invoiced April 11, 2003. II Invoiced Lint~ Item 164. Interest invoicing on continued past due invoices throughout the prosecution of this project. $64,614.70. Invoiced AprilS, 20003., May 8, 2003, June 2, 2003, .July S, 2003. Su htotal: $338,556.85. in addition 5% rcrainage is being held 011 this project :\t npproxim:l(cly $112,000.00. Totnl due ns of Augl.l!st 1,2003: $448,576.07. Even though this faxed City ofCleaIWater's "grecnbar" addresses a small percentage ($44,183.66 or 10%) of the past due invoices, it falIs far short of remedying the existing breach. If you have any questions or require further information, please don't hesitate to call Sin~ ~~ Ca~hy Samago PH'sident cc: Gary A. Johnson. FAX 562-4951 Ken Sides. En~~incerlProject Manager, FAX 562-4755 nob Maran. F.'\X 562-4755 Glenn Bahnick. 562-4755 AI Carrier. 562-4755 Rick Bennett, FAX 462-6989 Dill Hauenstein! Project File *Denotes invoiced linr~ items that are short, per the City's August t'greenbar" or not addressed at all. Clearwater 1./ l.l.' I Page 1 of 2 j\L. -.,,::.. ..':'. ./':>-':::"'-~ '.:::..... ~. ...- ... . -. -....... .. - Agenda Cover Memorandum City Commission Preferred Date: I 08-21-2003 ~ Item ID: 110 Latest Possible Date: 108-21-2003 Submitted: /07-11-2003 ~ Actual Date: - Subject / Recommendation: Approve C~ange Order No. g to Keystone ~xcavat~rs, Inc. of Oldsmar, Florida for the 2001 Sidewal~/Curb Replacement Contract (01-002l-~IJ), which increases the contract amount by S~lG,lOO.OO for a new contract total of Sl,698,6~9.10 ~ - Summary: Thi!:> contract was previously approved by the Cl:y Commission on November 1, 2001 for S932,350.00. Change Order's 1, 2, 3 and 1j were all previously approved ad'llinistratively.. Change Order No.5 .....as approved by the City Commission on July 18, 2002, C~ange Order's 6, 7 and 8 were approved administratively for a new total contract cost of S:,282,31,9.10. Change Order No.9 will extend the yearly sidewa1~ contract into 2003/2001,. ~his change order will add new sidewal~ construction, sidewalk removal and reconstruction. Keystone Excavators, Inc. has agreed to perform this work based on t~eir 200: Sidewalk/Curb Replacement Contract unit prices. Completion fall of 200~. Sufficient budget and revenue are available in :he Capital Improvement Project, 315,92266, Streets, Sidewalks & Bridges to fund this change order. A copy of the change order is available in the Official Records and Legislative Services Office. -:.! Originating Department: Category: I Agreements/Contracts - with cost Section: I Consent Agenda ~ ~ Number of Hard Copies attached: 10 Public Hearing: INO ~ - Review Approval: (Signature indicates approval.) ICY'ldi!~ GoudecllJ 07 -:~ 1-2003 14:29 ICyndie GOlHlenu 08 -11-200:\ 104 1 IGOllY Brumt)(lck 07 -:11-200:\ 14.4 7: ISd! Horne 08-11-200,1 11 :O!l:4G Clearwater v' . :"-~ ~..> _/::-,. :,"- .. - Agenda Cover Memorandum Page 1 of 1 City Commission Preferred Date: I 08-21-2003 Item 10: 120 Submitted: /07-18-2003 Actual Date: I Latest Possible Date: 109-04-2003 ~ ~ -Subject I Recommendation: Accep: a lO-fooe Sanitary ~asemcnt over and across a portion of the Northeast 1/1 of the Sout~wes: lIt, of Section 5, ~ownship 29 South, Range 15 East conveyed by lloushang Ghovaee for and in consideration of the sum of $1.00. .:J - Summary: Public Worf.s Ad~inistration is developing plans :0 implement the Alligator Cree~ Force Main and Gravity Sewer Improvements - Phase II CIP in eastern Clearwater. The project will establish a new master pump station within Cliff Stevens Par~ to deliver wastewater to the Northeast Water Pollution Control plant on State Road 580. The wastewater will be routed from the pump station to Union Street through a new JO-illCh force main tha: will be constructed substantially within existing public right-of-way. The proposed routing is bro~en along a 700 foo: segment extending south from Sunse: Point road that aligns with Soule Road running north of Sunset Point road. Mr. Ghovaee is the owner of the southerly ~50 feet, more or less, of the right-oE-way gap. It is anticipated that the only other property owner within the gap area, Grace Bapti~t Chursh of Clearwater at 2787 Sunset Point Road, will grant a similar casement that will close the gap and establish right-of-way for the entire proiect. The force main will be installed below an existing drainage ditch that traverses both properties utilizing directional drilling technology. A copy of the casement is available for review in the Office of Official Records and Legislative Services. -=.J Originating Department: Category: I Agreements/Contracts - ~ithout cost Section: I Consent Agenda .:.1 ~ Number of Hard Copies attached: 11 Public Hearing: INo ~ - Review Approval: (Signature indicates approval.) IC:/'lCh' (1oude,Ju ()H-()!<~()(n 11;'1 IE3d! Horn0 OH-()!-;~()()3 lfj()l)(l(i Cd;ry IJrull1hil,:k OH-O!i-20()J 0({2H v ~ ':'--. Return to' Earl Barrett Engineering Administration City of Clearwater P 0, Box 4748 Clear.vater, FI. 33758-4748 Parcel No, 05-29-16-00000-310-0100 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, Houshang Ghovaee, a single man, 2775 Woodring Drive, Clearwater, FI. 33759 - 1749 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation ("Grantee"), 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: A Sanitary Easement, as depicted in EXHIBIT "A" appended hereto, to encumber the easterly ten feet (10') of the following described parcel of land lying and being situate in the NE 11. OF THE SW '/.. of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida (the "easement area"): Begin at the NE corner of said SW 1/.. of Section 5, Township 29 South, Range 16 East; and run thence SOo018'16"W, along the North and South Centerline of said Section 5, 450.00 feet; thence N89041 '19"W, 454.33 feet to the Easterly line of Carlton Terrace, First Addition as recorded in Plat Book 43, Page 39, Public Records of Pinellas County, Florida; thence along the Easterly line of Carlton Terrace, First I-\ddition, along a curve to the left whose chord bears N17041'24"W, 210.56 feet, arc 211.66 feet, and radius is 600.47 feet; N37043'45"W, 60.01 feet; S52021 '26"W, 16.04 feet; N37038"34"W, 1 05.00 feet; N52021'26"E, 16.04 feet; and N37038'34"W, 1 05.00 feet to the Southeasterly Right of Way line of County Road No. 50A; thence N52021 '25"W, along the Southeasterly Right of Way line of County Road No. 50A, 60.00 feet to the East and West Centerline of said Section 5; thence S89041'19"W along the East and West Centerline of said Section 5, 638.16 feet to the POB, all lying and being situate in Pinellas County, Florida. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to construct and install a subterranean sanitary force main utilizing directional drilling technology, and to maintain. inspect and alter said force main from time to time. 1 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: ~W~ W~ Ie; ewb/V Witness' Printed Signature' J1t1 (jft I5rvftN () fhu 1/ e\K Witness' Prinlta Signature Houshang Ghovaee STATE OF FLORIDA : 55 COUNTY OF PINELLAS B ORE ME, the undersigned authority, personally appeared Houshang Ghovaee, a single man, who e ecute the foregoing instrument and acknowledged the execution thereof to be his free act and deed f r the es an purposes herein set forth. My Commission Expires: /I(N!7OdJ." ~ersonally Known 1l Produced Identification Type of Identification Produced 2 EXHIBIT "A" Scale I 11_ IDOl ,I This is not a survey / / / ~-::,.~ Y 0<V ~^\ SO I I I L 101 Sanitary Easement 31/01 c::> - ~ E. '" CJ A> - 18 <. fTl 17 CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING Nt""" ." 0, KING LEGAL SKETCH 25' SANITARY EASEMENT E. 10' OF M&B 31/01 2775 WOODRING DRI\'E OMl "fO. LGl2003-10 o\tt.....to ,~ E, BARRE TT sun' 1 or 1 .,,'{ 06/18/:ooJ S(c'-rv,~~ 5-29S-16E ""~ 26H t.~..~ fI/A Return to: Earl Barrett Engineering Department City of Clearwater p, O. Box 4748 Clearwater. FI. 333758-4748 RE: Parcel No, 05-29-16-00000-310-0100 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 in the NE Y4 of the Southwest Y4 of Section 5 Township 29 South, Range 16 East, Pinellas County, Florida, described as follows; Begin at the NE corner of said SW 114 of Section 5, Township 29 South, Range 16 East, and run thence SOOo1S'16"W along the North and South Centerline of said Section 5, 450.00 feet; thence N89041 '19"W, 454.33 feet to the Easterly line of Carlton Terrace, First Addition, as recorded in Plat Book 43, Page 39, Public Records of Pinellas County, Florida; thence along the Easterly line of Carlton Terrace, First Addition, along a curve to the left whose chord bears N17041 '24"W, 210.56 feet, arc 211.66 feet, and radius is 600.47 feet; N37043'45"W, 60.01 feet; S52021'26"W, 16.04 feet; N3703S'34W, 105.00 feet; N52021'26"E, 16.04 feet; and N37038'34"W, 105 feet to the Southeasterly Right of Way line of County Road No. 50A; thence N52021'25"W, along the Southeasterly Right of Way line of County Road No. 50A, 60.00 feet to the East and West Centerline of said Section 5; thence S89041'19"W along the East and West Centerline of said Section 5, 638.16 feet to the POB, all lying and being situate in Pinellas County, Florida, said lien being evidenced by that certain Real Estate Mortgage dated October 24, 2002 given by Houshang Ghovaee, a single man ("Mortgagor"), in favor of WELLS FARGO FINANCIAL SYSTEM FLORIDA, INC,. a Florida corporation ("Mortgagee"), as recorded in Official Records Book 12309, Page 1252, Public Records of Pinellas County, Florida. does hereby consent to and joins in the grant of that certain Sanitary Easement dated the 3'1l day of July, 2003 given by Mortgagor to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, for the purpose of installing and maintaining a subterranean sanitary force main, and does hereby 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. . 1/ J//r!t -:11. I,N WITNESS WHEREOF, the undersigned has caused these presents to be signed tl1is U day of ~ [t/ ,2003. , I Signed, sealed and delivered in the presence of: .--} /tl /' .d<,LL /1,. /C'v.~,~' , ,,- Witness Signature Print name R 0 ,Ii I Y) u ~J '; (1 (\) WELLS FARGO FINANe. IAL SYS.TEM /~jINC,' ~ /L' 'l/ 81 / !to, >~( . - . 4 (.,..__ '-vid S. Hilbert, Aftorney in fact ~ -.--. :, ' ,<, - ," ."{', : '"0. ~ \ (I -. (, " , 'l (:. (~ I \..' , t' I Witness Signature / , Printname<).';~.J/, l/ ~' ')1 (';.,(,).,-_ ACKNOWLEDGMENT: Easement Consent & Subordination RE: Portion of Sec. 5, Twp. 29 S, Rge. 16 E, Pinellas County, FI. Grantor: Houshang Ghovaee Grantee: City of Clearwater, FI. STATE OF FLORIDA : SS COUNTY OF PINELLAS : BEFORE ME, the undersigned, personally appeared David S. Hilbert, Attorney in fact for WELLS FARGO FINANCIAL SYSTEM FLORIDA, INC., a Florida corporation, who executed the foregoing instrument on behalf of said corporation, and who acknowledged the execution thereof to be his free act and deed for the use and purposes set forth therein. '7 ~t~ f;~,,~- Notary Public - SJ9te of Florida ~ Print name t\ e. 1I ,'v\ / -e e u ey (NOTARY SEAL) ~ Kevin Reeve. * * My Commllllon 00162336 ~ ..-~ Expires October 31, 2006 "P Of f\lI"" [ ] Personally Known [ ] Produced Identification Type of Identification Produced '-'n>":~7'T'''<::'l.-:.~t.rr~;~''~1 '. ~. " 'r~~';~..~"'}~~tii.~ " ~t'itt:\~Jl:'!':~':" I~/t.: .l{t~~~;.... ':~~f!~tt.~y~\::.(":'. ~ 'i;~"" .,it.. tl:,.,,,......:+.:~,~,..'_i";..:.,t....f. .fl ~..,.. ..... .:.~~~/r.;:~F~...~~!~.~:. . ".,..., '.' ~<,;;,,;~, ,!.' .' , i ..~\';,:'.<,';. ROLL NO. '\ 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 (J~l~ ,2003. SIUIlOd, sealed and delivered In tho prosenr.e of: '-. . bkd-tLu &/~ Wl.TTNNESS A!:efJ1e ~.urJ' WllIll1l1l1' Prlntod Signature 0~~-ftiJ1 :~X?i~i~ s'u~~r~Lpv( Houshang Ghovaee 9T ^ l'E OF FLORIDA COUNTY OF PINELLAS : 5S B ORE ME, the undersigned authority, personally appeared Houshang Ghovaee, a single man, who () acuto( tho foregoing instrument and acknowledged the execution thereof to be his free act and clood f r tho os an purposes herein setforth. My Commission Expires: ,,( N/~" ~ersonally Known fl Produced Identification Type of Identification Produced .Q:i~ JEFFWEY IZlO ~ P My Comm Up. 11/14105 . No, DO 066817 >>ly Known II ()lhtf I,D, 2 CJ E \'\ III r- -l ~ . ~ 3 \ II II I ~; ________Jj_ II J>1 NE IIHEI HT I ----i ::5 1---' I 2 3 14 5 16 II 7 ) w ! 1 II II I i II i I " ',41 EXHIBIT "A" Scale 1"-1001 I This is not a survey / / / :.t:- ..:{v 'Y ~<) ~~ SO 10' Sanitary Easement 31/01 g ~ rn E. 18 17 I I I L CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING ;..._Sy LEGAL SKETCH :......1rfO 0, KING LCt2003-IO CJ-<(i:Jot::a "., 25' SANITARY EASEMENT ,...,,, E. BARRETT E 10' OF M&B 31/01 I Of" 1 :'.l~ '!..(:._~;--...o 06/1 S /200J 2775 WOODRING DRIVE 5-29S-16E ,,<- , ;".:>h4H($. :5>" /'/A Return to: Earl Barrett Engineering Department City of Clearwater P. 0, Box 4748 Clearwater, FI. 333758-4748 RE: Parcel No, 05-29-16-00000-310-0100 II CONSENT TO EASEMENT & SUBORDINATION OF INTEREST II THE UNDERSIGNED, being duly authorized on behalf of the owner of a lien on or secureu interest in the following described premises: A parcel of land in the NE Y. of the Southwest Y. of Section 5 Township 29 South, Range 16 East, Pinellas County, Florida, described as follows: Begin at the NE corner of said SW Y. of Section 5, Township 29 South, Range 16 East, and run thence SOoo18'16"W along the North and South Centerline of said Section 5, 450.00 feet; thence N89041'19"W, 454.33 feet to the Easterly line of Carlton Terrace, First Addition, as recorded in Plat Book 43, Page 39, Public Records of Pinellas County, Florida; thence along the Easterly line of Carlton Terrace, First Addition, along a curve to the left whose chord bears N17041'24"W, 210.56 feet, arc 211.66 feet, and radius is 600.47 feet; N37043'45"W, 60.01 feet; S52021'26"W, 16.04 feet; N37038'34W, 105.00 feet; N52021'26"E, 16.04 feet; and N37038'34"W, 105 feet to the Southeasterly Right of Way line of County Road No. 50A; thence N52021'25"W, along the Southeasterly Right of Way line of County Road No. 50A, 60.00 feet to the East and West Centerline of said Section 5; thence S89D41'19"W along the East and West Centerline of said Section 5, 638.16 feet to the POB, all lying and being situate in Pinellas County, Florida, said lien being evidenced by that certain Real Estate Mortgage dated October 24, 2002 given by Houshang Ghovaee, a single man ("Mortgagor"), in favor of WELLS FARGO FINANCIAL SYSTEM FLORIDA, INC., a Florida corporation ("Mortgagee"), as recorded in Official Records Book 12309, Page 1252. Public Records of Pinellas County, Florida, does hereby consent to and joins in the grant of that certain Sanitary Easement dated the 3,d day of July, 2003 given by Mortgagor to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, for the purpose of installing and maintaining a subterranean sanitary force main, and does hereby subordinate said lien interest and all of the right. title, interest and claim thereunto accruing ir. said premises to said easement grant, together with facilities described therein. ; V' ~\N WITNESS WHEREOF, the undersigned has caused these presenls to be signed this ~ay of --JtJ-lL/ ,2003. I Signed. sealed and delivered in the presence of: ~.) /J1 . 51J..... I / !/{.,<--~, -- ., Witness Signature Print name I~ 0 ,1-\ { Y11\ ~ I '; () (\) WELL~ FARGO ~I~ANC;L SYSJEM 7r: BY,~/-/(~ . ~_ '- vid S. Hilbert, A torney in fact - ._< .-.....- ,,"; . ,~... ., l lj _ I. / { :] ( ~ i- I \I -") Witness Signature I Print name<i-i ~ < I t I t/ V -\ . . J ( ;1, 'or ) ,c-:, ACKNOWLEDGMENT: Easement Consent & Subordination RE: Portion of Sec. 5, Twp. 29 S, Rge. 16 E, Pinellas County, FI. Grantor: Houshang Ghovaee Grantee: City of ClealWater, FI. STATE OF FLORIDA :SS COUNTY OF PINELLAS : BEFORE ME, the undersigned, personally appeared David S. Hilbert, Attorney in fact for WELLS FARGO FINANCIAL SYSTEM FLORIDA, INC., a Florida corporation, who executed the foregoing instrument on behalf of said corporaiion. and who acknowledge a the execution thereof to be his free act and deed for the use and purposes set forth therein. ~~~ g~- Notary Public - SJ9le of Florida ~ Print name t\ e ilt' V\ / 't' e u e.f (NOTARY SEAL) 'I' Kevin Reeves * * My Commlaaion 00162338 ~IfDf~ Expires October 31, 2006 [ ] Personally Known [ 1 Produced Identification Type of Identification Produced , : .\1 t' . ,,' - _ T,'~ St,":,T.'.~,~f,'.:':\ , 24/10 / 10' SANITARY EASEMENT M & B 31/01 2775 WOODRING DRIVE /' / // ,/' 8 ... . [~-- E. 1 Q'_;/jL r I, III Y :, I I~ 1/1 ( I~ 1/1 V I : /1 ~(); '/1 I I AI n 1/1 2 E. \ ,/ \ ( ~------- .-- .--''------.-,- ..--.----""". ".,----,---. __.__,_,_" ,______,__,_..._.........---1Ll -- \ ! \ I I 3 \ I t -,..-. .-..._______..__..J 2 31/01 1 0' SANITARY EASEMENT \ 1 \ \. \ 3 4 5 6 7 1 8 (~fr~.~~ ~~T:L1gF w~W::~T~I~;,S~~~~:g~ \-~-.- ~J ENGINEERING ,~tI4~;" \>':->/ ,-~.....,..,. ~..... II' ['1.1," o & :.J EASEMENT: GHOVAEE C>1I':>It'II. I R'~' 0 I ".. ~~------ .-----.--- --.. r.... ...., r4 ----.-.-.-- --,- 1\U -;:~D;' n -------.-.-....9"".'1' . ~~ A . ~.; . ....r'D..':.' t' fl' t.,. c...I1.."""'G f ..:;>>-..-tD LOCATION MAP GHOVAEE EASEMENT SITE ;J U~ ~O PERTH / AMERICUS bJ no U HAAS AVE ~D KENTON 0: c::::J a:: oCECEUA 0 ~c=J g t.4ARY ~ <CJ::l .... ..J ::f w MICHAEL CJ PINELAND D ~ '" .., '" ci U ~OINT 'R 0 < 0 a:: 0: 0 0: 0: 0 0 Vl >- F ~ Z ~ ~ < < ROAD 0: 0 0: o o a:: 15 c:::::> t;;D::J w _ !5 ~ "- VARSITY DR ~nwn&?n15 waF , '=J ROBINWOOD PHO,IECT SITE ~ 8 V'l N TtRRACE a:: ~I <l 0 N 0 a:: a:: 0: a:: a:: ~ 0 0 0 0 0 0 a. < ..J 0 Z 0( >- VI Vl Z w ~ VI < ~ < z a:: z < ~ ::f 0 0 <( u ~ 0 0 c:: :::> 0 > :::> c:: 0( < W ..J iE (;) ..J - ~ NAVEL OR ~ 0 VI a. < W GRAPE ~ u, ~ EDENWO( -<I I~ CANOlEWOOO ST< 81 18 ~~OOVEWOOD ST ~ ~ PLEWOOD u. QJ D P "RK TRA.I, c: I CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING DRAINAGE & UTILITY EASEMENT GHOVAEE 1 OF 1 ITEM Mn ~ [)Ol[III ~.. II AFFIDAVIT OF NO LIENS II STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Houshang Ghovaee, a single man, whom, being first duly sworn, does depose and say: 1. That he is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: A parcel of land IvinQ and beinQ situate in the NE Y. OF THE SW 'I. of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida: Begin at the NE corner of said SW 'I. of Section 5, Township 29 South, Range 16 East; and run thence SOoo18'16"W, along the North and South Centerline of said Section 5,450.00 feet; thence N89041'19"W, 454.33 feet to the Easterly line of Carlton Terrace, First Addition as recorded in Plat Book 43, Page 39, Public Records of Pinellas County, Florida; thence along the Easterly line of Carlton Terrace, First Addition, along a curve to the left whose chord bears N17041'24"W, 210.56 feet, arc 211.66 feet, and radius is 600.47 feet; N37043'45"W, 60.01 feet; S52021'26"W, 16.04 feet; N37038"34"W, 105.00 feet; N52021'26"E, 16.04 feet; and N37038'34"W, 1 05.00 feet to the Southeasterly Right of Way line of County Road No. 50A; thence N52021 '25"W, along the Southeasterly Right of Way line of County Road No. 50A, 60.00 feet to the East and West Centerline of said Section 5; thence 589041 '19"W along the East and West Centerline of said Section 5, 638.16 feet to the POB, all lying and being situate in Pinellas 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: (if none, enter "NONE") ~ 4. That there are no liens or encumbrances of any nature, other than easements and restrictions of record, affecting the title of the property hereinabove described, except: That certain Real Estate Mortgage dated October 24, 2002 given in favor of Wells Fargo Financial System, Florida, Inc., as recorded in O. R. Book 12309, Page 1252, Public Records of Pinellas County, FI. 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. 7. That the representations embraced herein are for the purpose of inducing the CITY ~;~;DA' its agents. succeSS[f:ign~o rely thereon Witness Printed Name Houshang Ghovaee t to and subscribed to before me this ~ day of ~\J L>-( /l/,y/~ ~y Commission Expires ~~ JEffREY IZZO - ~ - ~\My Comm Up. 11114/05 . .~:J No DO 066811 ~a1Iy~ (IOIMrl,D. 1111111 FLORIDA DEPARTl\lENT OF REVENUE PHOTOCOPIES OF DR.219 RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY T~~~~~~~~~T R. 07,'98 (PL~ASE RE,AD INSTRUCTIONS ON THE BACK OF THIS FOR~_~_EFORE COMPLETJ..NG) Use black ink, Enter numbers as shown below, If typing, enter numbers as shown below, ~', 1. Parcel Identification Number i R5! fjl 12] r31 [Ltl ~ fbi iI] r81~; [--J [- [03[21 ~il i91 [-J [- (If Parcel 10 not available " L-J L~..J ~ U ~ L.::J ~ - ~ 1_---' '-, J --- L..J C=J ._~E'_J ,--' please ca!1 County Property [01 rSIr.:l r;::J [7[ ~i;~ [Ql [Q; m 101[:-1:] r:::ir'-~ rc 'J ["-I r-=-] ["'1 ~-=] [--J l'-'J-[''':-FJ [--j ~ Appraiser s OHlce) -. ~ ~ ldJ I.CZJ LJ ._~ L.J _ ..; , I~J lJ I ~ L L~ ~J ~l It! lQ -,.) l_.__ ___ ._! i... __.J LJ Transaction is a split Property was improved r-1J or cutout from . _. ~ with building(s) at time ~'-I I another parcel? ~ 01 sale/transfer? -. ~ I-lo~ 1.4~_______. First MI CLf2Aft-vJ4ftP,- City r 2. Mark (A) all Multi-parcel that apoiy transaction? -. 3. Grantor (Seller): _~vAEc Last _~71~-~ru' ~, Maili~ddress Corporate Name (if applicable) FL '557S<-1_( 7Z'lL't!l1-z.f?lf; State Zip Code Phone No, _ c- i'ti 0 f c( ~lz~_I'11-e,'? Cor~orate Name (if applicable) FC s31S-t (727) ~-6~-v% State Zip Code Phone No, 4. Grantee (Buyer): Last p. D , .~ a,:.. l..f7t.1g Mailing Address 5. Date of Salerrransfer ll2l ~ / [Q1 ~ / Ci] lQ] [Q] ~ $ [j [J []IJ rJ []J] D [lJ . lOJ ru ~~~~~ertJ In ~ [i] ~~~:~~~~~:n Rovo~o) Month Day Year (Round to the nearest d6ilar,) 6. Type of Document 0 ContracVAgreemenl r~ Other 7. Are any mortgages on the property? If "Yes", YES 0 / 0 NO __ for Deed ~.,.. outstanding mortgage balance: D ~:;~anty D g~~dclaim (Round to the nearest dollar,) $ 0 0 OJ] [J [JD D D . lQJ [QJ B. To the best of your knowledge, were there unusual circumstances or conditions to the sale/transfer such as: Forced sale by court order? Foreclosure pending? Distress Sale? Title defects? Corrective Deed? Mineral rights? YES 0 / fVl"O Sale of a partial or undivided interesl? Related to seller by blood or marriage, lCj.N First MI ~@tttE/t City Salerrransfer Price 9. Was the sale/transfer financed? YES D / ~O If "Yes", please indicate type or typos of financing: Conventional D Seller Provided IJ ~~~~;;~~ro~oed D Other ~ 10. Property Type: Mark (x) all that apply Commercial Institutional/ Agricultural Miscellaneous IJ D YES 0 / ~NO D Cenls [QJru 11. To the best of your knowledge, was personal property included In the sale/transfer? If "Yes". please state the amount attributable to the personal property, (Round to nearest dollar,) 12. Amount of Documentary Stamp Tax .. Acreage Timeshare ODD $DlJODDDDDD $DDDDDDDD~ fZJ[g YES D / 0 NO Government Vacant Industrial [J Residential ~ D 13. If nO t<;lX IS due in number 12, is deed exempt from Documentary Stamp Tax under s, 201,02(6), Florida Statutes? Under penallios of perjury, I cleclare that I have read the foregoing relurn and Ihal the facts slaled in it me true, If prepared by someone other Lthan tho taxpnyer. his/her declaration is based on all inf I , which he/her has any knowledge, Signature of Grantor or Grantee or Agent Dale , UN9 ,S/<J', Ass;;c:,.,.; WARtjING: F".ILURE TO FILE THIS RETURN OR ALTE ATivt:FORr APpnO\'Etfl.f/ THE DEPAR Ml:NT OTHER PENALTY IMPOSEO BY THE REVENUE LAW OF FLORIDA (To be completed by the Clerk of the Circuit Court's OHice) r---d. I I j I I O. R. Book I and i Page Number I and ; File Number Clerks Date Stamp DDDDD [lDDD 1--10, DO-lr-'[JI--J'-Jn :-JI'-JOIO' __" ___ L-J _ L ,_ __ _. I Date Recorded r~ ;--1 / [r-J / [J [-1 ri ~--J 1_ J _ J __J l..._ __ J L_---'__ __..._..__ Month Day Year WHITE COP'( TO DEPARTMENT OF REVENUE OFFICE l_ CANARY COPY TO PROPERTY APPRAISER ~ Clearwater; '~''-::-~ :-;:.-:.;>..;:;~:.;:::~ ' (lcC' "1 ~,~ Agenda Cover Memorandum Page 1 of 1 I.',,''"' 'J. "..'Ir....~ ~'_"'_";" ","",~ ....~..::..~ ...'.<I.::< ""'~';".-<".\->""'4~_4"""'''''''''.-(''''~''' "'.r.""~"-. ..........,..,,'" ,...... ":' 7oT'I'U'r.;--u "~""''',''''J.''<'IJ'''':_'''''...._-I"I~'''.H.''''''~''''' C'-"'l;'.~'':.''''~,-" "."!T't ....~....,.:....- ~""r.I"."~."'" '.,:,,"~.' I ~...;",.., ,'If~' n~.,...".', City Commission Preferred Date: I 08-21-2003 -=J Item 10: 130 Latest Possible Date: 108-21-2003 ~ Submitted: 107-28-2003 Actual Date: I - Subject I Recommendation: Approve the final plat for "BAYWAY TOWNIIO~ES" located on Bayway Boulevard approximately 1300 fee: East of the in:ersect.ion of lIamden Drive and Gulfview Boulevard, ..:J - Summary: This plat will be a replat of lots 15-18 310ck A, !3ayside Subdivision No.5. The applicant. is proposing to redevelop t~e property with 11 Townhomes. The project was reviewed and approved by :~e Community Develop~ent. board on 1/21/03. A copy of the plat is available for review in the Official Records and Legislative Services Department.. ..::J Originating Department: I Engineering Category: I Agreements/Contracts - without cost -=J ~ Number of Hard Copies attached: 11 Public Hearing: INo .:1 - Review Approval: (Signature indicates approval.) ~ I ~~C Gmry BrLJrnhnck 08.05-2()()] 10:27: Clearwater: /.)cuZ Agenda Cover Memorandum Page 1 011 J?> "_~"'J":.>""-:::""_":::,_"::.,,,,,,,,. . :' .....' ~'-':.' .~-. -:--,.....:.:; j'_"l> "';':1": ;... ,>\.._..,,~n.i:l"I"''''''.rr.,.'.,'''_ '>-~~r...,-......' .r">"''''............."..~T<.. ". .~" _ r-.-.:..~... .;.'l...~_,;......... ......-""..A.l,..............."'_~.... ~....~...."""I_.'<.,. ....t"...."., .""'....,.,.. ".-~ ~.",;~."" -.v,o ~ ,,"'H. ..,.,."'~.~.,.....;~."'. ............~,. ~.J<,....,w.,......,'_....,,_"'". ......'- City Commission Preferred Date: I 08-21-2003 Item 10: 131 Latest Possible Date: 109-04-2003 Submitted: 107-28-2003 Actual Date: I ~ ~ - Subject I Recommendation: Approve the final plat for "SUNSIIINE APARTMENTS" located approximately 1100 feet south of · :he intersection of Missouri Avenue and Druid Road. .:.I - Summary: This plat will record the remaininq unplatted portion of the Sunshine Mall property containing 19.9~6 Acres. The property has been redeveloped with multi story Apartmen: housinq. A copy of the plat is available for review in the Official Records and Leqislative Services Department. ~ Originating Department: I Engineering Category: \AgreementslContracts - without cost ~ Section: I Consent Agenda .=I .=I Number of Hard Copies attached: \1 Public Hearing: INO ~ - Review Approval: (Signature indicates approval.) \Cynolo GOll(leClll OH-OI-20U3 11:33 IBi\\ Horne 08-07-200] 16:07:5D IGnrry nrumbnck 08-0!i-2003 10:28: Clean\'ater Cit\" Commission Agenda Cover wlemorandull1 '...'ork sessicr item #: " '.----1 t I , I.. -- . ~'-' )'-/ =mal Agenda Item # Meeting Date: 8/21/03 SUBJECT/RECOMMENDA TION: ApproH' th~ McKim ~'\: Cn~l'd Work Order for Enginl'l'ring Sl'rvicl's for the NOl'thl'ast Filtl'1' and Marshall Str'l'~t Blowl'r Motor ContJ"OI Cl'ntl'rS (:\1('(') I~l'hahilitation in the amount of SIIH..300.00. 00 and that the appropriate officials be authorized to execute same, SUMMARY: . The City of Clearwater has identified the need to rehabilitate existing treatment process systems and components to provide improved operational performance and reduced maintenance at both the Northeast and the Marshall Street Advanced Wastewater Treatment Plants (AWTP), The improvements at the Northeast AWTP include rehabilitation of the effluent filter systems and the replacement of the motor controls for the Primary Sludge Pump Station, The rehabilitation at Marshall Street AWTP includes the complete replacement of aged MCC, motor starters and sequence control systems for the process aeration system blowers and blower motors, . The effluent filters and primary pumping station MCC at the Northeast plant have been in operation for as long as 20 years, The condition of filter components and control systems has deteriorated over time due to the harsh conditions of high moisture and effects of chemicals, With the recent construction and start-up of the chlorine contact chamber at Northeast, the source of chemical corrosion has been greatly reduced, This project will replace und rehabilitate significant components of the filter system that have been affected by long-term use and corrosion, The total anticipated cost of construction and rehabilitation is $974,650,00, including engineering costs, The condition of the primary pump station has also deteriorated due to corrosive conditions over the past 20 years, The primary MCC estimated replacement cost is 550,000,00 . The blower system and its associated electrical power and controls systems are the cornerstone components of the biological treatment process at the Marshall Street AWTP, The MCC is aged and has experienced corrosion due to exposure to moisture, The power systems experience frequent power outages when corrosion becomes as significant as currently exists within the existing MCC, resulting in frequent maintenance and inefficient treatment control. The anticipated cost of replacement of the MCC and related systems is 5845,000,00, . The total project cost for these improvements is estimated to be S 1,869,650,00 including design and construction engineering, Third quarter amendments will establish the Capital Improvement Program, 02 Water & Sewer Bond Construction and 04 Water & Sewer Bond Construction projects "NE Filter & Marshall St Blower MCC Rehab", 315, 343 and 356-96613, by transferring budget and revenue from: 315-96604 WPC Major Equipment Overhaul 5 100.000.00 (Sewer R&R) 315-96654 Facility Upgrade & Improvement 220,395,73 (Sewer R&R) 315-96654 Facility Upgrade & Improvement 249.604.27 (Sewer Rev) 315-96672 Northeast Carousel (close project) 114. 911.46 (Sewer Rev) 315-96681 NE Control Bldg Remodeling (close proj) 157.000.00 (Sewer Rev) 343-96685 WPC Master Plan Phase III 170.000,00 (02 W&S Bond) 356-96665 Sanitary Sewer R & R 857.738,54 (04 W&S Bond) 1,869.650,00 . Resolution 02-23 was passed on November 21, 2002, establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2004 revenue bonds as a funding source were included in the project list associated with Resolution 02-23, . A Copy of the Work Order is available for review in the Official Records and Legislative Services office, Roviewed by: legal ( ';~ ,;:::..; Budget ~ Purchasing l ( ~4t Risk Mgmt ''''''N/A Originating Oept: 1'J\, PW/Utilities (J. Milligan) User Dept. 'y.~ Public Works/Utilities Attachments Current FY Funding Source: CI X OP Other Costs: Total Info Srvc N/A Public Works /~ DCM/ACM /':21:L Other ; 'N/A $118.300.00 Submitted by: ~ 'Ai jj City Manager ~~.. ~ J Printed on recycled paper Appropriation Code: 343-96613-561300-535-000 /ttf' \,'1 Rev. 1/01 ( , \~.r1 l~. L ,U \. :: \ ,,/ 00 None N E Fi Iter&Ma rs ha II 5 tM ee. doc /'lJ --u ..,::...... J . $t\.1CKIM&CREED CITY OF CLEARWATER ENGINEERING DEPARTMENT McKIM & CREED WORK INITIATION FORM DATE: April 23, 2003 City Project No:.'" . ...,06~ - '- r M/C Project No: 1. PROJECT TITLE: Northeast Filter and Marshall Street Blower MCC Rehabilitation 2. SCOPE OF WORK: SUMMARY The City of Clearwater has identified improvements and rehabilitation requirements for treatment components at both the Northeast and Marshall Street APC Facilities. At the Northeast facility, the existing effluent filter is in need of significant rehabilitation with the electrical and control systems as well as other metallic components such as weirs and distribution channels that have corroded due to long-term exposure to chlorine gas and high moisture atmosphere. At the Northeast Plant, the City also identified the need to replace the Primary Sludge Pump Station MCC. At the Marshall Street APC Facility, the City identified the need to replace the existing MCC, starter gear and controls for the Blowers at the Main Blower Building. The MCC will require replacement and re-arrangement to raise the unit above the flood level in the ground floor building. SCOPE OF WORK Northeast Filter Rehabilitation 1.1 Meet with City Staff to review the project goals, scope of work, project schedule, and administrative issues. 1.2 Develop budgetary estimates and prioritization of items to be included in the filter rehabilitation program. Meet with City to discuss item prioritization and budget. 1.3 Prepare design of electrical system renovations for repair/replacement that would include power for miscellaneous components where corrosion has damaged existing conduits/conductors. VFDs for the replacement of f10wmatchers of the filter effluent transfer pumps will be completed by the City if necessary. 1.4 Prepare design of instrumentation and control systems for filter operations including new controls for the inleVoutlet valves and level indicators. Prepare design of local control system utilizing mobile PLC interface. 1.5 Prepare design for replacement of media, refurbishment of distribution weirs, CITY OF CLEARWATER - Northeast Filter and Marshall Street Blower t'vlCC Rehabilitation April 23, 2003 Page 2 replacement of inlet weirs, refurbishment of air scour system, replacement of inlet and outlet valves. refurbishment of air operators and associated components. 1.6 Prepare design for replacement of the motor controls for the Primary Sludge Pump Station. Evaluate the use of an enclosure for temperature control for the new MCC. 1.7 Prepare Technical Specifications for proposed improvements, Utilize City standard forms of contract to compile Project Contract Documents. 1.8 Prepare design progress submittals at the 60%. 90% and 100% phases. Meet with the City to review and address comments. 1.9 Prepare updated estimates of probable construction costs with each design progress submittal. 1.10 Submit plans for review and approval by City Building Department. Marshall Street Blower Electrical Rehabilitation 2.1 Conduct an evaluation of the Motor Control Center in the Blower Building to identify and confirm the electrical loads on the system and confirm the previous abandonment of process components and electrical gear based on current and future process requirements. 2,2 Develop a budgetary cost estimate for the proposed improvements and adjust the scope of proposed improvements based on budgetary considerations. Meet with City to discuss budget and proposed improvements. 2.3 Design a reconfiguration of the MCC in the Blower Building with the re- arrangement of the buckets to allow the compartments to be mounted above flood level. Develop a phasing strategy to avoid lengthy interruption of service to plant systems. This may require design and construction of separate motor control building to effect a phased implementation. 2.4 Replace existing blower and valve controls with new PLC based control system. The controls shall be designed such that they will be compatible with the proposed new SCADA system. 2.5 Design replacement starters for the existing autotransformer starters currently used for the motor driven blowers. We understand that the existing transfer gear for stand-by power is adequate for the system operation. 2.6 Conduct an evaluation of the filter structure at Marshall Street to determine means of sealing cracking in the southwest corner of the clearwell. Develop a specification and detail on sealing crack to prevent continued leakage. 2.7 Prepare Technical Specifications for proposed improvements. Utilize City standard forms of contract to compile Project Contract Documents. P\\'03034 CITY OF CLEARWATER - Northeast Filter and Marshall Street Blower MCC Rehabilitation April 23. 2003 Page 3 2.8 Prepare design progress submittals at the 60%, 90% and 100% phases. Meet with the City to review and address comments. 2.9 Prepare updated estimates of probable construction costs with each design progress submittal 2.10 Submit plans for review and approval by City Building Department. Bidding Phase Services 3.1 Prepare contract documents for bidding and provide 25 copies to the City for review and use in bidding the project. 3.2 Attend a Pre-Bid Conference to review project requirements with prospective Contractors. 3.3 Respond to questions concerning this project and prepare addenda as necessary. 3.4 Issue clarifications to the contract documents and issue addenda as required. 3.5 Review bids received and make a recommendation for award of the contract. Prepare draft Agenda Cover Memorandum. 3. PROJECT GOALS - WORK PRODUCTS: a. Memorandum of Conceptual Design b. Budgetary Estimate of Cost c. 60%, 90% and 100% Design Plans and Specifications d. Updated Estimates of Cost with design submittals e. 25 copies of bidding documents P"....03034 CITY OF CLEARWATER - Northeast Filter and t\1arshall Street Blower MCC Rehabilitation April 23, 2003 Page 4 4. BUDGET The services outlined herein will be performed for the Lump Sum fees outlined below in accordance with the Continuing Contract. Northeast Filter Rehabilitation Marshall Street Blower Electrical Rehabilitation Bidding Phase Services Total $ 38,600.00 $ 72,900.00 $ 6,800.00 $118,300.00 5. SCHEDULE We will complete the design phase as outlined in the schedule below based on receiving authorization from the City. Item Conceptual Design Memorandum City Review 60% Design City Review 90% Design City Review 100% Design Weeks Followinq NTP 10 12 20 22 26 28 32 6. STAFF ASSIGNMENTS: City: McKim & Creed: Lisa Murrin, John Milligan Street Lee, Brent Heath, Dan Cote 7. CORRESPONDENCE/REPORTING PROCEDURES: All McKim & Creed Correspondence shall be directed to Brent Heath. All CITY correspondence shall be directed to Lisa Murrin with copies to John Milligan. 8. INVOICING/FUNDING PROCEDURES: Please invoice monthly for work performed as detailed in McKim & Creed Continuing Contract. Invoices will be transmitted to Marty Pages, 100 S. Myrtle Ave., #220, Clearwater, FL, 33756-5520, or P.O. Box 4748, Clearwater, FL, 33758-4748. City Invoicing Code: J-5'3- 9tP&/3 -'~-~)3t:>L) -',S-3S'~(X)O P'....(\3034 CITY:~ Michael D. Quillen, City Engineer McKim &Creed(J.~ =- A. Stre-et Lee, PE Vice President CITY OF CLEARWATER - Northeast Filter and Marshall Street Blower MCC Rehabilitation April 23, 2003 Page 5 9. ENGINEER-OF-RECORD CERTIFICATION I hereby certify as a licensed Professional Engineer, registered in accordance with Florida Statute 471, that the above project's site and/or construction plans meet or exceed all applicable design criteria specified by City municipal ordinance, State, and Federal established standards. I understand that it is my responsibility as the project's Professional Engineer to perform a quality assurance review of these submitted plans to ensure that such plans are free from errors and/or omissions. Further, I accept that the City's Final Inspection for a Certificate of Occupancy does not relieve me of my own quality assurance review. I hereby certify that all facilities have been built substantially in accordance with the approved permit design plans and that any substantial deviations (described in attachment) will not prevent the system from functioning in compliance with the requirements of applicable regulatory authority. This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents which I may subsequently tender. 10. SPECIAL CONSIDERATIONS: None PREPARED BY: PW03034 CITY OF CLEARWATER - Northeast Filter and Marshall Street Blower MCC Rehabilitation April 23, 2003 Page 6 CITY OF CLEARWATER ENGINEERING DEPARTMENT McKIM & CREED WORK INITIATION FORM ATTACHMENT DELlVERABLES The design plans shall be produced on stable-based mylar or vellum material, 24" x 36" at a scale of 1" = 20' unless approved otherwise, Upon request, the consultant shall deliver all drawing files in digital format with all project data in Land Development Desktop (LDD) R1 or R2 format, including all associated dependent files. When LDD is not available, upon approval by the City Of Clearwater Project Manager, a standard ASCII file can be delivered with all associated drawing and dependent files. The ASCII file shall be a comma or space delimited containing code, point number, northing, easting, elevation and description for each data point. Example below space delimited ASCII file: POINT # NORTHING EASTING 284 1361003.838 264286.635 or comma delimited ASCII file: 284,1361003.838,264286.635,25.00, BCV (PNEZD) An AutoCAD Release Fourteen (14) drawing or later drawing file shall be submitted. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTS file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email addresstmahony@clearwater-fl.com ELEV DESC 25.00 BCV PW0303.\ CITY COMMISSION POLICIES TABLE OF CONTENTS ,~/?l.C 2. r- J. ) Boa rds ... ................................................................................................ Pag es 1-2 Representative Balance..................................................................,.................. 1 A Ad Hoc Committee............................................................................................. 1 B City Representatives on Non-City Boards ..........................................................1C Non-Board Business Functions Sunshine Law................................................... 10 S pecia I Req uest .............................................................................. . . . . . .. . . . .. . . .. . .. 1 E Input to Other Boards/Committees .....................................................................1 F Letterhead ........ .............. ... ........... ... ....... ......... ............... .., .......... ..... ........ ........ ..1 G Campaign Material During Meetings ..................................................................1 H Input to Advisory Boards .................................................................................... 1 I GHy Represent3tive&-0fl-Noo-Gfty B03f{ls ....... .................. .......... ..... ........ .... .... ...1-J Adviso ry Boa rd Din ner.. .. ... .. .. .. .... . .. .. .. ...... . .. . . .. . .... . .. .. .. .. ... . . .. .. . ... . .. . . . .... ..... .. . . .. ... 2 K Budget................................................................................................ Pages 3-14 Ba la nced Budget................................................................................................ 3A Maintenance of Capital Plant and Equipment.....................................................3B Budget Review Process..................................................................................... 3C Bud geta ry Position Control................................................................................. 3D General Fund Unappropriated Retained Earnings .............................................3E Capital Improvement Budget and Capital Improvement Plan ............................. 3F Road Millage ..................................................................................................... .4G Enterp rise Funds................................................................................................ 4 H Enterprise Fund Transfer Payment...................................................................... 41 Interfund Administrative Charge........ ................................................................ ..4J I nte rfu nd Other Service C h a rge .. . .. .. .. ..... ... .. .. .. .. .. . .. . .... . . . .. . ... .. .. .. . .. . . .. .. . .... .... . .. . .. 5 K CRA Contribution to General Fund..................................................................... 5L Special Events Fee............................................................................................ 5M Accounting Procedures...................................................................................... 5N Review of Rate Schedules................ ............................................................... ..60 Review of Annual Audit...................................................................................... 6P I n ve s t men t Pol i cy ............................................................................................... 6 Q Debt Management Policy................................................................................. 12R Central Insurance Reserve Policy ....................................................................14S City Commission............................. ..................... ............................ Pages 15-18 Resolutions.. ..................................................................................................... 15A Proclamations............................................................................. ...................... 15 B Representation on Boards.................. .............................................................. 15C Citizen Inquiries-Responses................................... ..........................................150 Departing Commissioners' Gifts....................................................................... 16E Travel ............................................................................................................... 16 F Fun d Raiser...................................................................................................... 16 G Staff Projects.................................................................................................... 16H An n ua I Di n ners ... . . ... ... .. . .. . . . . .. . . . . . . . .. . . . .. . .. .. . . .. . . . .. . . .... . . .. . . .. . . . . . . . ... . . .. . . . . . . . ... . ... . .... 16 I Televising Commission Meetings ................... .............. ..... ......... .... ...... ........ ... ..17 J Information Available to Public and Press.................. .............................. 17K Distribution of Commission Mail...................................................................... 17 L Table of Contents (contd) DRAFT for 8,7.03 review Strateg ic Planning........................................................................................... IBM City Employees.................................................................. ...................... Page 19 Participating in Auctions................................................................................... 19A Reimbursement of certain meal event.................. .., ..................... ... ....... .19B General Admi nistration.... ........ .... ..... ........ ....... ......... .... ................... Pages 20-21 Application Fee Waivers................................................................................... 20A Sparkling Clearwater............................................................ ............................ 20B Drew Street Banner .... ........ .... ........ .... ............. .... ........ ..................................... 20C Fire La nes ........................................................................................................ 21 D Copyright Fees..................................................................... ............................21 E Re n ewa I ........................................................................................................... 21 F S ta t i on e ry ......................................................................................................... 21 G Welcome Letters............................................................................................... 21 H Citizens to be Head Response ......................................................................... 21 I Special Event Street Closure Limitation ............................................................21J Land Development ............................... ................ ............. ............... Pages 21-23 Annexation Agreements................................................................................... 22A Subdivision Monuments................................................................................... 22B Petitions for Annexation.............. ............ ............ ................ .......... ....... ............. 22C Easement US 19 ...................................................... ..................................... 22D Landscaping of City Roads............................................................................... 22E Parks & Recreation Card to Annexing Property............................................... 22F Waiver/reduction of Liens... ... ............... ......... ... ............ ..................... ..23G Legal. ..,. .t.. .... ..... II' ..... ... ..... .... .... ,.,.. II' .1.. ............. '" ........ .... ......... ........ .... II Page 24 Case Reports .......................................:........................................................... 24A Leisure...................... .......................................................... ........ ............ Pages 24 Holiday Decorations... .... ........... ......... ... ......... .... .... ........ ..... .......... ...... .... .... ..... 24A Library Donor Naming Recognition...................................................... ..24B ii DRA FT for 8/7 ,03 rcvicw B();\RD~ CITY COMMISSION POLICY A. Representative Balance. When making appointments to a board, the City Commission will strive to assure the board has a balance of race, gender and geographical area of the City represented. B. Ad Hoc Committees. Members of boards may also serve on Ad Hoc committees or Task Forces. C. City Representatives on Non-City Boards. Individuals appointed by City Commission to be the City's representatives on non-City Boards will serve no more than three consecutive terms. The representatives shall keep the Commission informed of the activities of the boards bV providinq annual reports unless more frequent reports are requested. D. Non-Board Business Functions - Sunshine Law. In order to eliminate the possibility or appearance of violation of the Sunshine Law, all boards and committees appointed by the City Commission are requested not to schedule luncheons or other non-board business functions. E. Special Request. Requests for special reports on projects will require Commission or City Manager's approval prior to staff commencing efforts in this regard. F. Input to Other Boards/Committees. Upon majority approval, a board may advise other boards or agencies regarding its position on issues but may not represent that position as City policy. G. Letterhead. Advisory Board letterhead may be used and staff assist when correspondence is written on behalf of the entire board. Letterhead will not be used by individual members expressing individual opinions and concerns. H. Campaign Material during Meetings. During City Commission and board meetings, board members will not display material supporting or opposing candidates or issues on any election ballot. I. Input to Advisory Boards. Staff will assure that input to advisory boards regarding issues also coming before the City Commission is noted in the City Commission's agenda items. J. City Representatives on Non City Boards. City Representatives on non City boards shall keep the City Commission informed of the activities of the bo~rds by providing ~nnual reports unless more frequent r-eports ~re requested. DRAFT for 8/7/03 revicw Boards (contd.) K. Advisory Board Dinner. Each recipient of an invitation to the Annual Advisory Board Appreciation Dinner may bring one guest. Members should attend at least one meeting prior to being invited to the annual dinner. 2 DRAFT for 817103 review CITY COMMISSION POLICY BL'Dc;ET and FIN;\l\:CE A. Balanced Budget. It is a policy of the City Commission to adopt a balanced budget for all funds. The City will avoid budget and accounting practices that balance the budget at the expense of future budgets. The City will also avoid budgeting any unrealized investment gains due to the City's practice of holding investments until maturity. B. Maintenance of Capital Plant and Equipment. It is a policy of the City Commission that the City's budget will provide adequate funding for maintenance of capital plant and equipment and the funding for their orderly replacement. C. Budget Review Process. It is a policy of the City Commission to be provided with a quarterly budget report comparing actual versus budgeted revenue and expense activity. D. Budgetary Position Control. It is a policy of the City Commission that the total number of permanent full-time and part-time positions (full-time equivalents) approved in the annual operating budget may not be exceeded without prior approval of the authorized staffing level. E. General Fund Unappropriated Retained Earnings. It is a policy of the City Commission to maintain a General Fund reserve equal to 8% of the subsequent year's budgeted expenditures as a contingency fund to meet unanticipated financial needs. Should funds in excess of 8% be available in any fiscal year, these funds shall be identified as available, and may be appropriated by the Commission for specific Capital Improvement Projects or other one-time needs. In addition, the City Commission will maintain an additional General Fund reserve equal to ~% of the subsequent year's budgeted expenditures to fund unanticipated retirements of General Fund long-term employees during the given fiscal year. Any appropriations approved by the City Manager during the year, for this purpose, will be noted in the City Manager's quarterly budget report. F. Capital Improvement Budget and Capital Improvement Plan. It is a policy of the City Commission to adopt a six-year Capital Improvement Plan and Budget which summarizes the project scope, estimated cost estimates by project, method of financing, and anticipated operating costs of each project. 3 DRAFT for 8 7/03 revicw Budget and Finance (contd.) G. Road Millage. In order to maintain the City's sidewalks and streets (including curbs and bridges), a road millage will be designated as a part of the annual budget process. Priorities will be determined first on functional and safety considerations. Road Millage may be used for aesthetic repairs. H. Enterprise Funds. It is a policy of the City Commission that all Enterprise Fund operations shall be self-supporting, and shall pay administrative and other appropriate service charges to General Fund Operations for support at a level determined by the City Commission. I. Enterprise Fund Transfer Payment. It is a policy of the City Commission that the specific enterprise operations designated by the City Commission shall annually transfer to the General Fund an amount determined appropriate to be considered reimbursement in lieu of taxes. April 1989 policy adopted by commissioners established this rate at 4.5% of prior-year gross revenues. This proportionate rate was adopted to accommodate growth, and replaced prior years' policy of a prescribed dollar contribution. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Commission agreed to replace the Gas Support contribution with a franchise fee from natural gas customer accounts payable to the General Fund. This, in combination with the Gas dividend, offered the General Fund the same level of support as fiscal year 1995/96. In September 2000, with the adoption of the 2001/02 Annual Operating Budget, the City Commission expanded this policy, which had previously been imposed only on the utility enterprises, to include an annual payment in lieu of taxes from the Marine and Airpark Fund. At the current time, the Parking Fund has not been imposed such a payment. J. Interfund Administrative Charge. It is a policy of the City Commission that an allocation shall be made annually distributing the costs for administrative support departments among all operating departments. This distribution shall be proportionately based on the operating department's annual budget, and shall not be charged to General Fund departments. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Commission agreed to maintain the same charge for administrative support from the Gas Fund for fiscal year 1995/96 which will be 4 DRAFT for 8/7/03 review Budget and Finance (contd.) increased annually by estimated the cost of salary increase index (fiscal year 2001/02 - 5%). Beginning in fiscal year 2001, the City Commission approved an adjustment to the Gas Fund charge increasing the charge by $325,000 over the computed amount to bring the Gas Fund more in line with the proportionate amount calculated in the same manner as the Other Enterprise Funds. Due to the nature of the HarboIView Fund, this enterprise operation is not charged this fee. K. Interfund Other Service Charges. It is a policy of the City Commission that the cost of services provided to Enterprise Fund Departments by General Fund Departments shall be charged to, and paid by the Enterprise Fund. L. CRA Contribution to General Fund. It is the City's policy that services provided for administrative support to the Community Redevelopment Agency (CRA) by City employees shall be reimbursed to the General Fund. Such reimbursement shall be approximate actual costs incurred by the department, together with any associated costs. M. Special Event Fees. The Special Events Committee will review applications for use of City beaches, sidewalks. outdoor recreation open space and rights-of-way. Sponsoring organizations will be responsible for the costs of illl City services needed in conjunction with the events unless they are City sponsored or co-sponsored events. The City Commission will may waive all or a portion of fees and related charges for City sponsored or co-sponsored events, including, but not limited to Fun 'N Sun, Jazz Holiday, July 4th, Turkey Trot and Martin Luther King Parade. There shall be an annual review 'of City sponsored/co-sponsored events during the budget process. An agenda item confirming co-sponsorship and waiver of fees for those events aj:}prolJed to be submitted in the budget will be brought for City Commission approval at the beginning of each fiscal ye3f acceptance in March of each calendar year. All items accepted bv the Commission are then to be included in the appropriate department's budqet. Onlv after the item is passed as part of the approved budqet is the item considered funded.. In the event additional monies are requested beyond what is included in the approved budget, City Commission approval will be needed before said additional funds are disbursed appropriated. N. Accounting Procedures. It is a policy of the City Commission to establish and maintain a standard of accounting practices on a basis 5 DRAFT for 8:703 rcview consistent with Generally Accepted Accounting Procedures (GAAP), and the Governmental Accounting Standards Board (GASB), and the standard practices of the Government Finance Officers Association of the United States and Canada (GFOA). 6 DRAFT for 817103 review Budget and Finance (contd.) The City will also comply with the rules of the Auditor General and the Uniform Accounting System as required by the State of Florida. O. Review of Rate Schedules. It is a policy of the City Commission to review rate schedules of the City of Clearwater at a minimum of every 5 years. The purpose of the review will be to assure rates are set in a manner to be fair and equitable while covering the City's cost to provide the service. Unrestricted fund balances (working capital reserves) should be maintained at a level equivalent to at least three months' operation and maintenance expense. P. Review of Annual Audit. It is a policy of the City Commission to have a Certified Public Accounting firm perform an annual audit on all of the City's funds. A work session will be held each year within 60 days of the release of the annual financial audit of the City. At that time, the overall financial condition of the City and its enterprise funds will be reviewed. Q. Investment Policy. (1) SCOPE The statement of investment policy and guidelines applies to all investments of the City's pooled cash, which includes cash and investment balances of the following funds: · General · Special Revenue · Debt Service · Capital Projects · Enterprise · Internal Service Funds · Trust Funds The policies set forth do not apply to the Employee Pension and Deferred Compensation Funds of the City of Clearwater, deposits for defeased debt, or assets under Bond Trust Indenture Agreements. (2) INVESTMENT OBJECTIVES A. Safety of principal is regarded as the highest priority in the handling of investments for the City. All other investment objectives are secondary to the safety of capital. Each investment transaction shall seek to first ensure that capital losses are avoided. 7 DRAFT for 8/7/03 review Budget and Finance (contd.) From time to time, however, securities may be traded for other similar securities to improve yield, maturity or credit risk. For these transactions, a loss may be incurred for accounting purposes, providing any of the following occurs with respect to the replacement security: · The yield has been increased, or · The maturity has been reduced, or · The quality of the investment has been improved B. The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll and capital requirements. To accomplish this the portfolio will be Iladdered" with maturates each month except for those months in which significant Ad Valorem taxes are received. To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow requirement, the City will not directly invest in securities maturing more than 15 years from the date of purchase. And unless, specifically matched against a debt or obligation not more than 10% of the portfolio will have a maturity greater than 10 years. C. The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. (3) PERFORMANCE MEASUREMENT The benchmark yield for the operating portfolio will be the weighted average yield determined by using the following maturity distribution and the related U.S. Treasury yields. Treasury yields are considered benchmark for riskless investment transactions and, therefore comprise a minimum standard for the operating portfolio's rate of return. The investment program shall seek to augment returns above this threshold, consistent with risk limitations identified herein. Average Treasury Rates Percentage Distribution Overnight rate 3 month Treasury Bill rate 6 month Treasury Bill rate 1 year Treasury Bill rate 3 year Treasury Note rate 25% 20% 15% 20% 20% Total 100% 8 DRAFT for 817/03 review Budget and Finance (contd.) (4) PRUDENCE AND ETHICAL STANDARDS The standard of prudence to be applied by the investment officer shall be the 'Prudent Person" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income derived." The "Prudent Person" rule shall be applied in the context of managing the overall portfolio. (5) AUTHORIZED INVESTMENTS 1. The City shall limit investments, as authorized in Florida Statutes to: a. Direct obligations, the United States Treasury. Investments in this category would include but not be limited to the following: United States Treasury Bills, Notes and Bonds, and securities issued by the Small Business Administration, Government National Mortgage Association (Ginnie Mae), Veterans Administration, and Federal Housing Administration. b. Federal Agencies and instrumentalities. Investments in this category would include but not be limited to the following: obligations of the Federal Home Loan Banks System (FHLB) or its distinct banks, Financing Corporation (FICO), the Federal Farm Credit Bank, Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), Student Loan Marketing Association (Sallie Mae), Financial Assistance Corporation and Federal Agriculture Mortgage Corporation (Farmer Mac). c. Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency. d. Interest-bearing time deposits or savings accounts, in a qualified Public Depository as defined in s. 280.02 FS. e. Debt issued by the State of Florida or any political subdivision thereof including pools. f. Securities of, or other interests in, any open-end or closed-end management-type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or 9 DRAFT for 8/7.'03 review Budget and Finance (contd.) instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. Repurchase Agreements and reverse repurchase agreements collateralized by securities otherwise authorized in this policy. g. The Local Government Surplus Funds Trust Fund or any intergovernmental investing pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in s. 163.01. h. Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service. (6) Maturity and Liquidity Requirements A. The City will attempt to forecast expected cash outflows and inflows by major categories. For months that the outflows exceed inflows the City will have investments maturing that month in excess of the forecasted deficits. B. As stated above the City will ladder it's maturates so that there are maturates each month with the exception of months when the majority of Ad valorem taxes are received. C. The City will attempt to keep the weighted average maturity to three years or less. Due to market conditions and cash needs the average maturity may temporarily be greater than three years but no greater than four years. (7) Portfolio Composition, Risk and Diversification Assets held shall be diversified to control risk of loss resulting from over- concentration of assets in a specific maturity, issuer, instrument, dealer[broker, through which these instruments are bought and sold. The following maximum limits apply to the portfolio: Maturity date Specific issuer Commercial paper 10% Specific instrument 40% Specific dealer/broker 25% CMOs and REMIC 8% 33% 33% 10 DRAFT for 8/7/03 rcview Budget and Finance (contd.) Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the Investment Committee. (8) Authorized Investment Institutions and Dealers A. Banks - Certificates of deposit purchased under the authority of this policy will be purchased only from Qualified Public Depositories of the State of Florida as identified by the State Treasurer, in accordance with Chapter 280 of the State Statutes. B. Broker/Dealer Approvals and Limitations - Time, practicality, and general business constraints limit the number of investment relationships which can be managed on a regular basis. In most cases, normal investment activity will be limited to no more than ten dealer relationships. A broker/dealer list will be established by the Finance Director or designee. This list will be presented to the Investment Committee for approval. This list will be updated as needed and approved by the Investment Committee. (9) Third-Party Custodial Agreements All securities shall be held by a third party safekeeping company. All purchases by the City under this policy shall be purchased using the "delivery versus payment" procedure. For all purchases and sales of securities the third party custodial will be notified by fax of the transaction including all details of the securities purchased or sold. The notification will be signed by two individuals authorized to make investment decisions. (10) Master Repurchase Agreement All approved institutions and dealer transacting repurchase agreements shall be covered by a Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. (11) Bid Requirements After the Finance Director or designee has determined the appropriate maturity based on cash flow needs and market conditions and has selected one or more optimal type of investment, the security in question shall, when feasible and appropriate, be competitively bid. Competitive bids or offerings shall be received from at least three dealers/brokers on all sales or purchases except in situations where: ) I DRAFT for 817'03 rcview Budget and Finance (contd.) A. The security involved is a 'new issue' and can be purchased 'at the auction'. B. The security has a fixed "postal-scale" rate. C. The security involved is available through direct issue or private placement. D. The security involved is of particular special interest to the entity and dealer competition could have an adverse impact with respect to the price and availability to the City. It is also realized that in certain very limited. cases the City will not be able to get three quotes on a certain security. For those cases the City will obtain current market prices one of the following to determine if the transaction is in the City's best interest: 1. Bloomberg Information Delivery System. 2. Wall Street Journal or a comparable nationally recognized financial publication providing daily market pricing. 3. Daily market pricing provided by the City's Custody Agent or their correspond ing institution. (12) Internal Controls The Finance Director shall establish and monitor internal and procedural controls designed to protect the City's assets and ensure proper accounting and reporting of the transactions related thereto. The internal controls will be designed to prevent losses of funds which might arise from fraud, employee error, misrepresentations by third parties, or imprudent actions by employees of the City. All buy and sell communications with the third party safekeeping company will be signed by two individuals authorized to make investment decisions. The internal controls developed under this policy shall be reviewed by the independent auditors as a regular part of their audit of the City. The Finance Director shall establish an Investment Committee that meets on a regular basis for the purpose of reviewing investment transactions, approving brokers/dealer changes and other investment activities. (13) Reporting The Finance Director or designee shall report on at least an annual basis the following information on the City's investments: A. Securities by class/type. B. Book Value C. Market Value D. Income Earned 12 DRAFT for 80:03 rcview Budget and Finance (contd.) (14) Continuing Education The chief investment officer will complete no less than 8 hours of continuing educational opportunities on investment practices each fiscal year. The chief investment officer will have sufficient knowledge and education to invest in any and all of the securities listed above. R. Debt Management Policy This policy is to establish criterion and procedures for the issuance of debt financing by the City. This Debt Policy confirms the commitment of the City Commission, management, staff, advisors and other decision makers to adhere to sound financial management practices, including full and timely repayment of all borrowings, and achieving the lowest possible cost of capital within prudent risk parameters. The City shall employ the use of debt to compliment the significant recurring commitments of annual appropriations for capital purposes in a way that is fair, reasonable, and equitable to each generation of taxpayers, ratepayers, users and other beneficiaries. 1 . General: A. The City shall seek to maintain their high bond ratings so borrowing costs are minimized and access to credit is preserved. B. The City may utilize debt obligations to refinance current debt or for acquisition, construction or remodeling of capital Improvement projects that cannot be funded from current revenue sources or in such cases wherein it is more equitable to the users of the project to finance the project over its useful life. C. The useful life of the asset or project generally must exceed the payout schedule of any debt the City assumes. D. The City will analyze funding alternatives to minimize the cost impact of debt structures on the taxpayers or ratepayers. E. The outstanding debt will be reexamined periodically to determine whether an economical advantage exits for refinancing the outstanding debt given changes in the interest rate and bond market. As a general rule, the present value savings of a particular refunding should exceed 5% while maintaining a similar maturity schedule to the original debt. 2. Type and Structure of Debt: A. Any legally allowable debt may be used for financing capital improvements; this includes, but is not limited to, short-term and long- term debt, general obligation and revenue debt, fixed and variable rate debt, lease-backed debt, conduit issues, and taxable debt. The use of zero coupon bonds, capital appreciation bonds, deep discount bonds, and premium bonds may be considered. B. The City may consider the use of credit enhancements (letters of credit, bond insurance, surety bonds, etc) when such credit enhancements proves cost-effective. 13 DRAFT for 8/7/03 rcvicw Budget and Finance (contd.) C. When fiscally advisable and when consistent with contractual obligations, the City shall lease purchase capital equipment. Generally, equipment will have a monetary value $25,000 or more and a minimum life expectancy of three years. The debt service on the lease purchase items shall be paid by the user department. 3. Issuance of Obligations A. Selecting Service Providers: 1) The City may retain an independent financial advisor for advice on debt structuring, the rating review process, marketing debt issuances, sale and post-sale services and to prepare and/or review the official statement. 2) The City may also retain independent bond counsel and disclosure counsel for legal and procedural advice on all debt issuances. 3) As necessary, the City may retain other service advisors, such as trustees, underwriters, and pricing advisors. 4) Any process utilized to select professional service providers in connection with the City's debt program shall be in conformance with City purchasing policies, procedures and requirements. The objectives of the process will be to: a) Promote competition b) Be as objective as possible c) Incorporate clear and rational selection criteria d) Be independent of political influence e) Be perceived as fair by the respondents f) Result in a cost-effective transaction g) Result in the selection of the most qualified firm h) Eliminate conflict of interest B. Method of Sale 1) Competitive Sale. The City will generally seek to issue its bond obligations in a competitive sale. Other methods may be used if it is determined that such a sale method will not produce the best results for the City. 2) NeQotiated Sale. The City may elect to sell its bond obligations through a negotiated sale. This method will usually be considered when the bond issue is refunding a prior issue or there is a unique or unusual component to the bond issue. 3) Private Placement. When determined appropriate, the City may elect to sell its debt obligations through a private placement or limited public offering. C. Maturity of the debt 1) Bonds will generally not have more than a thirty-year duration. 2) Lease Purchase debt will generally not have more than a five- Note: Policy R was revised and approved by Commission 6/19/03 Budget and Finance (contd.) 14 DRAFT for 817103 rcvicw S. Central Insurance Reserve Policy It is a policy of the City Commission to maintain a Central Insurance Fund reserve. This reserve is composed of 2 amounts: S *General: An amount reserved to guard against unforeseen or uninsured costs or increases in property, workers' compensation, or liability insurance. The target minimum balance for this reserve is equal to 75% of the GASB 10 calculated liability. S *Health Insurance: An amount reserved for use as a budgeting tool to offset any large increases in the City's costs to provide health insurance. The target minimum balance for this reserve is 15% of the annual city health insurance expense. *If reserves are drawn down below the above target minimum balances, the City will develop a plan to replenish the reserves, generally within five (5) years. Note: Policy S was revised and approved by Commission 6/19/03 15 DRAFT for 8/7/03 review CITY CO~li\[JSSION CITY COMMISSION POLICY A. Resolutions. An individual Commissioner may request a resolution. However, prior to preparation of the resolution, there must be a majority of the Commission members agreeing to do so. B. Proclamations. The City of Clearwater will consider issuing proclamations from all segments of the community without regard to gender, race, ethnicity or handicap. Proclamations will not be issued to companies, "for profit" organizations, profit making agencies, political organizations or religious organizations. C. Representation on Boards. Commission members are asked to serve on various regional and governmental boards. Boards/Committees may be added or deleted from time to time. These duties should be distributed equitably among the Commissioners. Appointment of Commission members to these boards shall be evaluated annually in April. Whenever possible, a Commission representative on a board or committee will receive Commission input prior to taking a position regarding issues coming before that board. The representing Commissioner shall vote in accordance with the stated position of the majority of the Commission. If it is not possible to obtain Commission input the Commissioner is to act to the best of their ability in the city's interest and with prior Commission positions in mind. Periodic review of the actions of these boards and committees is desirable and the representing Commissioner should coordinate these reports. D. Citizen Inquiries - Responses. 1. Generally responses should be in the same form as received, Le. letter with letter. However, when deemed to be more appropriate a different form may be used.:. 2. Inquires addressed to a specific Commissioner will be responded to by that Commissioner. 3. Inquires addressed to the whole Commission, whether in one letter or duplicate letters to all Commission members will be answered factually by the Mayor with an introductory phrase of "On behalf of the Clearwater City Commission." Policy responses shall require consultation with other commissioners prior to being sent. Mail will be routed to the appropriate staff to draft a response. Individual Commissioners are not precluded from responding individually to express their opinion. City Commission (Cont.) 16 DRAFT for 8/7/03 rcview 4. Inquiries received which are not specifically addressed to the Commission or its members will be answered by the City Manager or designated staff member. 5. Copies of correspondence received will be distributed to all commissioners with an indication of who will prepare a response. 6. Copies of letter or e-mail responses to inquiries addressed to the Commission or a Commission member will be provided to all Commission members. 7. Form letters or emails may be acknowledged but will not require a customized response~ E. Departing Commissioners' Gifts. Departing gifts shall be chosen in consultation with the outgoing members. The value of the gifts shall be a maximum of $300 for one full term, $500 for two full terms and $600 for more than two full terms. One full term. Plaque, nameplate, letter, pewter tray with seal, Commission pictures. Two full terms. Plaque, nameplate, letter, fax machine or City watch, Commission pictures. Three of more full terms. Plaque, nameplate, ring, collage or album, tray with seal, letter, gag gift, caricature. F. Commission Travel. Provisiens of Sec.2.04 of Payment for travel expenses shall be in keepinq with the charter and the City's travel code. GRaf)ter 2. Administration, l\rticle IV. Travel oHtsiee the Tamf)a-Say-ar-ea ey-aAY-ffiemooF&-Gf the Commfssiefl-fe~Ae6&-WRere-tHe City pays tHe-wst-mH&t-be--aWffiVeG-Gy-a-ma}oFit-)4lete-ef-tAe Commission. The eAty exceptieAs to this rule 3f-e-tfle Florida Lea~He of Cities and, wReA Reid in Florida, the National League of Cities conferenoo&:--Specific amounts of the Commission's travel budqet shall be allocated to each Commission member durinq annual budqet preparations. At the end of each fiscal year Commission members shall provide a report iustifyinq that year's travel. Commission approval shall be obtained prior to any member exceedinq their annual allocation for travel. G. Fund Raisers. It shall be at the discretion of individual Commissioners whether or not to accept invitations to fund raising activities. Expenses incurred by acceptance are not reimbursable. City employees will not attend these functions as City representatives. H. Staff Projects. A Commission member shall request staff research or projects only through the City Manager or City Attorney in accordance with the City charter. Any request that, in the determination of the City Manager or City Attorney, will take longer than 8 hours must be approved by a majority of the Commission. The results of such research or projects, except for legal advice to an individual, will be shared with all commission members. 17 DRAFT tilr 8.7 03 rcview I. Annual Dinners. Newly elected Commission members shall be invited to the annual Phillies and advisory board dinners. 18 DRAFT for 817103 rcview City Commission (Cont.) J. Televising Commission Meetings. All regular City Commission meetings and work sessions will be televised on C-View. Efforts will be made to also televise specially scheduled meetings and work sessions. However, there will be times when this is not possible, or practical. No closed door attorney/client or bargaining sessions will be televised K. Information Available to Public and Press. All material prepared by the City Manager and City Attorney for the Commission shall be provided to the press and to the public via a special box in the City Clerk's eepartment. Reports shall be made available in the City Clerk Departmem for tho public to review the Official Records and Leqislative Services Department. L. Distribution of Commission Mail. All mail to the Mayor-Commissioner and the Commissioners arriving at City Hall received pursuant to the law or in connection with the transaction of official business by the City of Clearwater shall be copied as follows: Commission members will receive the original of items addressed to them whether anonymous or not. Copies of everything will be made for the City Clerk Department, the Legal Department, and the public information file. Mail will be delivered to the Commission at least once per week. On days mail is not delivered, incoming mail will be faxed to each Commission member. Other anonymous letters and suggestions will not be distributed but will be maintained in the City Manager's Office. Publications and lengthy agenda materials for other boards upon which the Commissioners serve will not be copied. Only the agendas will be copied and distributed.:. Items of considerable length (such as petitions) will not be copied, but instead a memo will be distributed announcing the availability of the item in the office. Mail with the words similar to "Personal", "Confidential", or "For the Addressee Only" will be delivered unopened to the addressee. The Mayor-Commissioner and Commissioners receiving individually addressed mail will be responsible for replying, asking the City Manager or City Attorney to reply, or placing the matter on the agenda for formal Commission consideration. The City Manager will be responsible for seeing that mail addressed to the Commission as a whole is properly answered or placed on the agenda. The City Manager will discuss with the Mayor malicious mail. 19 DRAFT for sm03 rcvicw City Commission (Cont.) All e-mails received by the commissioners in their individual city email account will be forwarded to the Commission Assistant for distribution, or email forwarding, in the same manner as other "hard copy" mail. The following em ails will not be forwarded: SPAM/JUNK, broadcast general information or solicitation. Emails or "hard copy" mail relating to city business, sent directly to a commissioner's home or private business, or hand delivered, shall also be forwarded to the Commission Assistant for distribution. M. Strategic Planning. Each year the City Commission shall meet in a strategic planning session(s). The meeting(s) will review and update as necessary, the City's Mission, Values and Vision Statements. From these documents a five-year strategic plan will be developed. The five-year strategic plan will become the basis for the annual City Manager and City Attorney Objectives, and the City's annual budget process for the next fiscal year. 20 DRAFT for 817/03 review CITY Ei\lPLOYEES CITY COMMISSION POLICY A. Participating in Auctions. City employees and Commissioners are prohibited from participating in City auctions involving the sale of property which has either been abandoned and confiscated, acquired with public funds or which has otherwise come into the possession of the City. They may attend as spectators but may not bid on or purchase items offered for sale. All actions that would lead to perceptions of participation, such as a family member bidding on items, should be avoided. It is the intent of this policy to avoid giving "insider" information or a profit motive to employees or their families in the disposal of surplus items. B. Reimbursement of certain meal events. The City Manager will determine when it is appropriate to reimburse city employees for meal costs associated with recognition, award and business related functions. 21 DRAFT for 817/03 rcview CITY COMMISSION POLICY GENER;\L ;\Di\[I~ISTR;\TION A. Application Fee Waivers. Generally, building permit, occupational license, plan review and zoning-related application fees will not be waived except for City projects and other governmental agencies. If staff believes special conditions exist, such requests may be brought to the Commission for consideration. Application fee waivers for governmental agencies will include all governmental projects including those in which the governmental agency is leasing property from a third party, providing the governmental agency is the entity which applies for and obtains the permit. PACT will be considered a governmental entity when considering application fee waivers. NOTE: The City Clerk's research regarding waiver of application fees shows the following: Chi Chi Rodriquez Youth Foundation - no waivers Center Foundation - waive building permit fees Pinellas County - waived building permit fees for work done by County forces; waive fees for variance application State of Florida - waive fees for variance applications Clearwater Ferry - waive building permit fees St. Petersburg Jr. College - refunded building permit fee for parking lot None of the above includes waiving impact fees. B. Sparkling Clearwater. In order to maintain and enhance the image of Sparkling Clearwater, the Commission supports staff in enhanced solid waste recycling and conservation projects, tightening and increasing enforcement of codes (Le., fence landscaping, prohibition of banners, lot clearing, etc.). Staff is also directed to place a greater emphasis on and coordinate aesthetic consideration on site plans and other development review (Le., placement of dumpsters. fencing of dumpsters, property landscaping and landscaping of parking lots including perimeter plantings). Litter cleanup and "adopt a street or park" programs are encouraged. Educational and incentive programs for both City staff and the public addressing this issue should be developed. C. Drew Street Banner. The City Manager may approve banners to be placed on the designated right of way where Drew Street terminates at Cleveland Street. Requests may be submitted one calendar year prior to the intended installation date and will be approved for a one-week time period. The City Manager may. if no other requests have been received, extend the approval for an additional weekend (2 days). 22 DRAFT for 8/7/03 rcview General Administration (contd.) D. Fire Lanes. Fire Department personnel will participate in the enforcement of parking violations pertaining to fire lanes and fire hydrants. E. Copyright Fees. The City shall pay the necessary copyright fees to ASCAP for those concerts in the bands hell co-sponsored by the City. The City shall provide a monthly report to ASCAP regarding activities in the bandshell and ASCAP shall be responsible for collecting the fees from bands participating in non-City sponsored programs. In addition, the City shall pay the necessary copyriQht fees to BMI for showinQ movies at various recreation centers. F. Renewal. All renewals of agreements the City has with organizations or tenants should be presented to the Commission at least sixty (60) days prior to the expiration of the original term. G. Stationery. The City shall have one form of stationery on which the City seal will be imprinted. Paper stock will be recyclable. Other forms in supply will be allowed to be used until said supply is depleted. Exception: The Gas Division may continue to use its logo but the City Seal must be located somewhere on the stationery. H. Welcome Letters. Upon adoption of an Annexation Ordinance staff will prepare a letter for the Mayor's signature welcoming the new resident to Clearwater. I. Citizens to be Heard Response. When appropriateJ. responses will be sent to those addressing the Commission under Citizens to be Heard regarding Items not on the Agenda. J. Special Event Street Closure Limitation. Street closures for special events shall be limited to two (2) per calendar year requested by anyone non-profit or for-profit organization. The City of Clearwater shall be exempt from this limitation. The City shall comply with any Florida Department of Transportation policies regarding street closures of state roads. 23 DRAFT for 8/7/03 review CITY COMMISSION POLICY LAND DEVELOPMENT A. Annexation Agreements. The City Manager is authorized to approve routine annexation agreements involving one existing or proposed residences. Where a discrepancy exists regarding land use designations, right-of-way requirements, or any other circumstances, administrative approval is not authorized. A quarterly report of administrative approval is requested. B. Subdivision Monuments. New entranceway landscaping, monuments, signage, and walls shall not be allowed within the public rights-of-way of the City of Clearwater. Such special treatments are to be upon private property and in accordance with all applicable codes and regulations. The owners of all existing entranceway features occupying public property are to execute an agreement with the City of Clearwater wherein owners agree to keep all features in good repair, hold the City harmless for any liability arising from the use of the public right-of-way, and provide a $500,000 liability insurance policy. Upon failure of the owners to execute such agreement and provide the required insurance policy after forty-five days from written notice, or by tagging the structure when owners cannot be determined, or upon failure of the owners to repair or maintain any feature of the site which has fallen in disrepair after similar notice, the Public Works Department is to remove all such materials occupying the public right-of-way. A wooden sign with breakaway features approved by the City Engineer may be allowed within the public right-of-way when associated with the Parks and Recreation "Adopt a Park" program, and is to be limited to a size necessary to name the sponsoring agency in 3-inch letters. Such sign to be a maximum height of 18-inches. C. Petitions for Annexation. Request to be made that all contiguous parcels under the same ownership be annexed simultaneously. D. Easement U.S. 19. The-G+ty-wm-fe€luest 40 feekifaiAa9&af\d-Htility easements from devetGf')ffieffis-along U:S~ E. Landscaping of City Roads. Whenever possible, landscaping will be a part of City road and street improvemenUconstruction projects. F. Parks & Recreation Card to Annexing Property. Resident Parks & Recreation cards may be obtained by petitioners for annexation upon acceptance of the application. 24 DRAFT for 817 03 revicw Land Development (Cont.) G. Waiver/reduction of liens. In order to encourage (re) development of properties for enhancement of property values and living conditions in the City, the following factors will be considered for requests for waivers/reductions of lot clearing, nuisance abatement, and/or unsafe structures/demolition liens. l Whether the violation has been brought into compliance regarding the violation cited. Whether extreme or undue hardship is shown regarding payment of the lien and/or regarding coming into compliance with code requirements during the required time. Whether there are existing code violations on other properties owned by the violator or prospective purchaser. Whether there is a development or redevelopment proposal regarding the property which would result in improvement or upgrade of the property. Whether, given such a development or redevelopment plan, it would be impractical to take the compliance action directed by the City Commission. Whether payment would hinder a proposed sale of the property. Whether an appraisal of the property, submitted by the applicant, demonstrates to the City that the cost of the lien has been absorbed. The amount of a lien will not be reduced below the amount representing administrative costs incurred by the city regarding the case. 25 DRAFT for 8/7/03 review CITY COMMISSION POLICY 1.1':(;.\1. A. Case Reports. The city attorney shall furnish to the city commission a quarterly report of pending litigation, identifying each case, opposing counsel, the nature of the case, and the status of the case as of the date of the report. In addition, the city attorney shall keep the city commission and city manager advised from time to time as to significant developments in each case. J.l-:I~ L' R \.: CITY COMMISSION POLICY A. Holiday Decorations. Holiday decorations along the rights-of-way to be installed or paid for by the city will be limited to the Downtown Core and Memorial Causeway, South Gulfview north of Adams Mark, Mandalay south of Acacia. B. Library Donor Naming Recognition. The following guidelines govern donor recognition with regard to naming buildings, areas, rooms, collections, furnishings and equipment: 1. Library building names will have geographical or functional names only and will not be subject to availability for donor recognition. Clearwater Main Library and North Greenwood Branch meet the policy guidelines, but John Doe Main Library does not. 2. Naming of library internal functional areas, rooms, and major collections is the prerogative of the City Commission. 3. Collections of materials, equipment or furnishings, which are accepted as gifts by the Library Director, and/or funded by individuals, corporations or foundations, may be recognized by a discrete engraved plaque mounted on or near the gift as appropriate, with the name of the donor displayed. For example "the John Doe collection of Illuminated Manuscripts" or "Computer Equipment for Research Provided and Maintained by the John Doe Corporation. " 4. All signs and plaques printed with names of donors will be of similar appearance and will be consistent with the architectural design and interior decoration of the building. 26 DRAFT for 817103 rcview ITEM # 2-(,;, Clearwater City Commission Agenda Cover rvlemorandum Worksession Item #: CC; 5 ~ Final Agenda Item # J ~ Meeting Date: 08/21/03 SUBJECT/RECOMMENDA TION: Approve a Joint Project Agreement with the State of Florida's Department of Transportation to relocate natural gas mains during improvement project, FPN: 2571050-1-56-03/WPI No. 7117138/SPN: 15120-3527/Pinellas County, SR 688 (Ulmerton Road)1 from Oakhurst to 119th Street, at an estimated cost of $321,160.50, rescind Resolution 03-06 and adopt Resolution 03-29, 00 and that the appropriate officials be authorized to execute same. SUMMARY: . This Joint Project Agreement along with Resolution 03-06. was originally approved by the City Commission on January 23, 2003 · There were some errors and omissions in Resolution 03-06, which were found prior to the Florida Department of Transportation's execution of the Agreements. · After the execution of the original agenda item and prior to the Florida Department of Transportation's execution of the Agreements, the Florida Department of Transportation revised the Agreement form to reflect a change in the name of the department to which the funds are to be transferred. Reviewed by: //:.---' ~lnfO Srvc /A Public Works N/A Origina~ip9 Dept: (lO H'" c to,,1I WII~'(':)' Total Clearwater Gas System Tom Robertson User Dept. Costs $321,160.50 Estimated Legal Budget Funding Source: N/A Purchasing N/A DCM/ACM ...- Clearwater Gas System Current FY 02/03 CI X Risk Mgmt Attachments $321,160.50 N/A Other N/A Estimated OP Other Submitted by: 0 None City Manager Resolution 03-29 Appropriation Code: Memorandum of Agreement -W A4at~. ... Location Map 315-96374 Printed on recycled paper Rev. 2/98 RESOLUTION NO. 03-29 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING THE EXECUTION OF A UTILITY JOINT PROJECT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING RELOCATION OF NATURAL GAS MAINS FOR THE IMPROVEMENT PROJECT FOR STATE ROAD 688 (ULMERTON ROAD) FROM OAKHURST TO 119TH STREET; RESCINDING RESOLUTION NO. 03-06; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation (FOOT) has a project to widen/improve State Road 688 (Ulmerton Road) from Oakhurst to 119th Street including roadway, sidewalk, other improvements and utilities to include those proposed Clearwater Gas System facilities; and WHEREAS, under the Joint Project Agreement, the FOOT's general contractor will perform the installation of proposed natural gas mains; and WHEREAS, having FOOT's general contractor install the natural gas mains allows for the work to be done in a timely manner and releases Clearwater Gas System from penalty payments; and WHEREAS, on January 23, 2003, the City Commission approved Resolution 03-06, which approved execution of the Joint Project Agreement. Resolution 03-06 contained incorrect information regarding the location of the agreement; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby accepts and approves the Joint Project Agreement between the City and the State of Florida Department of Transportation, identified as Utility Work By Highway Contractor Agreement, Financial Project 10 257050-1-56-03, a copy of which is attached as Exhibit A. Section 2. The City Commission hereby authorizes the Mayor-Commissioner and City Manager to sign the Joint Participation Agreement described in this resolution and associated documents. Section 3. Resolution 03-06 is hereby rescinded. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2003. Brian J. Aungst Mayor-Commissioner Approved ~s to form: (~~_. Laura Lipowski Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Resolution No. 03-29 ~.,~ :::~--ilt:tH' ~lU~llJJ\.ULtJI\.....".'~.,,1 U" lhf....::...'_ O<f,I.....(tUN 7 ~ O.() 1;1. ~I';! UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) UTILITIES (~JO) P.1~w'ot8 Financial Pro'ect ID: 257050-1-56-03 Work Program Item No. (old): 7117138 State Job No. (old): 15120-3527 Federal Project ID: N/A Count ISection No: 151120 ~istrict Document No: NIA THIS AGREEMENT, entered Into this day of . YCClr of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, heroinafter referred to as the"FDOT", and City of Clearwater Gas System . hereinafter referred to as the "UAO"; WITNESSETH WHEREAS, the FOOT is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as Ulmerton Road from Oakhurst to 119th Street State Road No.: SR 688 ,hereinafter referred to as the "Project"; and WHEREAS. the UAO owns or desires to instClII certain utility facilities which are located within the limits of ttle Project hereinafter referred to as the "Facilities. (said term shnll be deemed to include utility facilities as the same may be relocated. adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS, the Project requires the location (vertically nnd/or horizontnlly). protection, relocation, installation, adjustment or removal of the Facilities. or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, the FOOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1 )(b), Florida Statutes for the Utility Work to be nccomplished by the FOOT's contractor as part of the construction of the Project; and WHEREAS. the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; NOW, THEREFORE. in consideration of the premises and the'mutual covenants contained herein, the FOOT and the UAO hereby agree as follows: 1. Design of Utility Work a. UAO shall prepare. at UAO's sole cost and expense. a final engineering design, plans. technical special provisions. a cost estimate, and a contingency Utility Work Scedule (said contingency schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the "Plans Package") on or before February . year of 2003 . b. The Plans Package shall be in the same format as the FOOT's contract documents for the Project and shall be suitable for reproduction. c. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities and work effort required to perform the Utility Work. including, but not limited to. all clearing and grubbing. survey work. and shall include a traffic control plan. cl. The Plans Package shall be prepared in compliance with the FOOT's Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FOOT's contract documents for the Project. If the FOOT's Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual. the Utility Accommodation Manual shall apply where such conflicts exist. e. The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the FOOT's guidelines on preparation of technical special provisions and shall not duplicate or change the general contracting provisions of the FDOT's Standmd Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FOOT for the Project. ::'<1" . "fI," t'1 R~'o-:ol'.:tlon 01-?9 ;,('\ nw.~: JTllIIIl5 r~:OJ ;" .1"j" 2 of fl f. UAO sl1(111 provide a copy of the proposed Plans Package to the FOOT. and to such other right of way users <lS dcslgnoted by the FOOT, for review a! the following stages: Ph IV, Final Prior to submission of the proposed Plans Package for review at these stClges, the UAO shall send the FOOT a work progress schedule explaining ho..... tile UAO '....ill meet tre FOOT's production schedule. The work progress schedule shall mclude the review stages. as well as O!:-'N milestones necessary to con'plete the Plans Package within the time specified in Subporngraph o. <lbove g. In the event th<lt the FOOT finds any deficiencies in the Plans p(1ck<lge ::uring the reviews performed pursuant to Subpnragraph f. Clbove, the FOOT will notify the UAO in wri:lf1g of the deficiencies and the UAO will correct the deficiencies EH1d return corrected documents within the Ime stated in the notice. The FOOT's review nnd approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omiSSions. h. The FOOT shall furnish the UAO such informntion from the FOOT's files as requested by the UAO; however, the UAO shall at all time be and remain solely responsible for Droper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of informntion by tile FOOT shall not relieve the UAO of this obligation nor transfer any of thnl responsibility to the FOOT. i. The Facilities and the Utility Work will include all uti lity facilities of the UAO which are located within the limits of the Project. except as generally summarized as follows: N/A These exceptions shall be handled by separate arrangement. j. If any facilities of the UAO located within the project limits are discovered after work on tile project commences to be qualified for relocation at the FOOT's expense, but not previously identified ns such, the UAO shall file a claim with the FOOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be based on a determination of fault for the error. The discovery of facilities not previcusly identified as being qualified for relocation at the FOOT's expense shnll not invalida te this Agreement. k. Tile UAO shall fully cooperate with all other right of way users in the prepamtion of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FOOT. I. Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to the Utility Permit: To be applied for at a later date (Note: It is the intent of this line to allow either attachment of or separate reference to the permit). 2, Performance of Utility Work a. The FOOT shall incorporate the Plans PLlckage into its contract for construction of the Project. b. The FOOT shall procure a contract for construction of the Project in accordance with the FOOT's requirements. c. If the portion of the bid of the contractor selected by the FOOT which is for performance of the Utility Work exceeds the FOOT's official estimate for the Utility Work by more th<ln ten percent (10%) and the FOOT does not elect to participate in the cost of ltle Utility Work pursuant to Section 337 .403( 1 )(b), Florida Statutes, the UAO may eleetto hrlVp. the Utility '.Nork removed from the FOOT's contract by notifying the FDOT in writing within 14 days from the date that the UAO is notified of the bid amount. Unless t1lis election is made, the Utility Work"shall be performed as pan of the Project by the FOOT's con tractor. d, If the UAO elects to remove the Utility Work from the FOOT's contract in accordance with Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and conditions of the FOOT's standard relocation agreement, the terms and concl itions of wtlich are incorpornted herein for thnt purpose by this reference, and in accordance with the contingency relocation sc~edule which IS n pmt of the Plans Package. The UAO shall proceed immedintely with the Utility Work so as to Clluse no delClY to the FOOT or the FOOT's contrilctor In constructing the ProJect. :'\)0\) :: UTlll~l[ "j P,I~'! ~(Jf '! e. The UAO ShClII perform all engineering inspection. lesting. and monltonng of the Utility Work to Insure that it IS properly performed in ClccordCll1co with the Pions P<JckClge except for the following Clctivities: N/A <Jnd will furnish the FOOT wIth daily diary records showing i:lpproved c;uantitics Clnd 3mounts for '....eekly, monthly. Clnd fin,,1 estim"tes in Clccord:.mco with tho format required by FOOT procedures. f. Except for the inspection, testing, monitoring and reporting to be perforn'ed by the UAO in <Jccordance with Subp<Jr<Jgruph 2. e., the FOOT will perform all contract administration for its conr,tructlon contract. g. The tJAO shall fully coopemte with the FOOT and tlie FOOT's contractor in nil matters relating to the performo1nce of the Utility Work. h. The FOOT's engineer has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FOOT's engineer. In so doing, the UAO shall make such adjustments and chnnges in the Plans Package as the FOOT's engineer stltlll determine are necessary for the prosecution of the Project. i. The UAO shall not make any changes to the Plans Package after the date on which the FOOT's contract documents are mailed to Tallahassee for advertisement of the Project unless tho~e changes fall within the categories of changes which are allowed by supplemental agreement to the FOOT's contract pursuant 10 Section 337.11, Florida Statutes. All changes. regardless of the nature of the change or the timing of the change. shall be subject to the prior approval of the FOOT. 3. Cost of Utility Work a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the FOOT's engineer to be necessary, including, but not limited to the cost of changing the Plans PackClge and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FOOT. The UAO shall not be responsible for the cost of delnys caused by sllch adjustments or chnnges unless they are attributable to the UAO pursuant to Subparagrclph 4.a. b. The initial estimate of the cost of the Utility Work is $321.160.50 . At such time as the FOOT prepares its official estimate, the FOOT shall notify the UAO of the amount of the official estimate for the Utility Work. Upon being notified of the official estimate. the UAO shall hewe five (5) working days within which to accept the official estimate for purposes of mClking deposits and for determining any possible contribution on the part of the FOOT to the cost of the Utility Work, or to elect to have the Utility Work removed from the FOOT's contract and performed separately pursuant to the terms and conditions set forth in Suboaraaraoh 2. d. hereof. c. At least Fourteen (1L ) calendar days prior to the date on which the FOOT advertises the Project for bids, ltle UAO will pay to the FOOT an amount equal to the FOOT's official estimate: plus _ % for administrative costs of field work. tabulation of qUClntities, Final Estimate processing and Project accounting (said amounts are to be hereinafter collectively referred to as the "Allowances"); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for ctlanges to the Utility Work during the construction of the Project (the "Contingency Fund"). d. Payment of the funds pursuant to this paragraph will be mClde (choose one): o 00 directly to the FOOT for deposit. as provided in the attached Memorandum of Agreement bet\....een the UAO. the FOOT, and the State of Florida, Department of Financial Services, Division of Treasury. DepOSits of less thnn $100,000 to be escrowed must be pre-approved by the Department of Financial Services and FOOT Comptroller's Office prior to execution of this agreement. (.l'C ~ l10 () 1 ':I.~'~' UTILITIES l':C! P,Hlf\.$:-;1 r. e. If the portion of the contractor's bid selected by the FOOT for performance of the Utility Work exceeds the amount of the deposit made pursunnt to Subpamgroph c. above, then subject to and In accordance with the limitations and conditions establistlOd by Subparagr<1ptl 2. c. hereof reg~J((ling FOOT p<1rticip<Jtlon in the cost of the Utility Work ~Jnd the UAO's election to remC'.'8 the Utility 'Nark from the Project, the UAO sllnll. within fourteen (14) calcndm days from nollfic<1l1on from the FOOT cr prior 10 postmg of tho accepted bid, whichever IS earlier, pay an <1dditional amoLJnt to Ihe FOOT to bring tho tOtil1 amount paid 10 tile total obligation of the UAO for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The FOOT will notify the UAO as soon as it becomes app<lrcnt the accepted bid amount rlus allowances and contingency IS Hl excess of the advance deposit amount. however, failure of the FOOT to so notify the UAO shall not relieve the UAO from its obligation to pay for Its full share of project costs on finnl nccounting ClS provided herein below. In the event thilt the UAO is oblignted under this Subpnrngraph 3.e. to pay ,111 additionnl amount nnd Ihe ndditlonnl nmount that the UAO is obligated to POlY does not exceed the Contingency Fund alrcndy on deposit, the UAO sholl have sixty (60) calendar dnys from notification from the FDOT to DClY the Clddilional nmount, reqardless of when the acceoted bid is posted. f. II the accepted bid amount plus allowances nnd contingency is less than the ndvnnce deposit amount, the FOOT will refund the amount that the advance deposit exceeds the bid Clmount. plus allowances and contingency If such relund is requested by the UAO in \'.'rlting Clnd approved by the Comptroller of the FOOT or his designee. g. Should contract modifications occur thut incrDnse the UAO's share of total project costs. the UAO will be notified by the FOOT accordingly. The UAO agrees to provide, in advclnce of the additional work being performed, Cldequnte funds to ensure thut cnsh on depOSit wilh the FOOT is sufficient to fully fund its shme of the project costs. The FOOT shnll notify the UAO as soon as it becomes appnrent the nctual costs will overrun the awnrd nmount; however. failure of the FOOT to so notify the UAO shall not relieve the UAO from its obligCllion to pny for its full shnre of project costs on final accounting as provided herein below. h. The FDOT mClY use the funds pnid by the UAO lor payment of the cost of the Utility Work. The Contingency Fund may be used for increases in the cost of the Utility Work which occur becnuse of quuntity overruns or beciJuse of adjustments or changes in the Utility Work made pursuant to Subparagraph 2. h. Prior to using any of the Contingency Fund, the FOOT will obtain the written concurrence of the person delegnted that responsibility by written notice from the UAO. The delegutee shall respond immediately to all requests for written concurrence. If the delegntee refuses to provide written concurrence promptly and the FOOT determines that the work is necessury, the FOOT may proceed to perform the work and recover the cost thereof pursuClnt to the provisions of Section 337.403(3), Florida Statutes. In the event IIlat the Contingency Fund is depleted, the UAO shall, within fourteen (14) calendar days from notification from the FOOT, pny to the FOOT an additional 10% of the total obligation of the UAO for the cost of the Utility Work established under Subpamgraph 3. e. for future use as the Contingency Fund. i. Upon final payment to the Contractor, the FOOT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO for a period of three (3) years after final close out of the Projecl. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be Clade by the FOOT to the UAO. In the event said final accounting of total project costs is greater than the total deposits to date, the UAO will pay the additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time specified in tile preceding sentence until the invoice is paid. 4. Claims Against UAO a. The UAO shall be responsible for all costs incurred as a result of any delay to the FOOT or its contractors caused by errors or omissions in the Plans Package (including inaccurate location of the Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely manner. b In the event the FOOT's contractor provides a notice of intent to make a claim Clgainst the FOOT relating to the Utility Work, the FOOT will notify the UAO of the notice of intent and tile UAO will thereafter keep and maint8in dLlily field reports and all other records rel<1ting to the intended c1<lim. '10 C' ).:.'2 VT Ill" IE 5 ~~ :n P,'Qe ~ rf a c. In the event the FOOT's contractor makes any claim againstlhe FDOT relating to ttle Utility Work, the FOOT will notify the UAO of the claim and the UAO will cooperate with the FOOT in analyzing and resolving the claim within a rensonable time. Any resolution of any portion of the claim directly between the UAO and the FOOT's contractor shull be in writing. shall be subject to written FDOT concurrence and shall specify the ex.tent to which It resolves the claim agninst the FOOT. d. The FOOT may withhold payment of surplus funds to the UAO until finnl resolution (including any actual payment required) of all cl<lims relating to the Utility \Nork. The right to withhold shall be limited to actual claim payments made by the FOOT to the FOOT's contractor. 5. Out of Service Facilities No Facilities ~hall be placed out of service unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities placed Out.of.Service: a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b. The FOOT agrees to allow the UAO to leave the Fncilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by UAO. In the event of a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FOOT in accordance with the provisions of Subparagraph e. below. c. The UAO shall take such steps to secure the Facilities and otherwise make the Fncilities safe in accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care in its denlings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests of the FOOT or other permittees using or seeking IJse of the right of way. e. The UAO shall remove the Facilities at the request of the FOOT in the event that the FOOT determines that removal is necessary for FOOT use of the right of way or in the event that the FOOT determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto. Removal shall be completed within the time specified in the FOOT's notice to remove. In the event that the UAO fails to perform the removal properly within the specified time, the FOOT may proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. f. Except as othef"Nise provided in Subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FOOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FOOT for the FOOT's own negligence; however, it is the intent that all other costs and expenses of any nature be the resoonsibilitv of the UAO. 6. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are othervoJise provided for in this Agreement. the FOOT may exercise one or mOre of the following options, provided that at no timo shall tho FOOT be entitled to receive double recovery of damages: 1. Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from FOOT. 2. Pursue a claim for damages suffered by the FOOT or ttle public. 3. If the Utility Work is reimbursable under this Agreement, Withhold reimbursement pLlyments until the breach IS cured. The right to withhold shall be limited to actual claim payments made by FOOT to third pillties. n). .110.;; uTILITIES .}c;C) P,lqe ci cA fl 4. If the Utility Work is reimbursable under this Agreement, offset <:lny damages suffered by the FOOT or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actu<ll claim payments made by FOOT to third parties. 5. Suspend the issuance of further permits to the UAO for 1118 placement of Facilities on FOOT property if the bre<lch is material and has not been cured within sixty (60) days from written notice thereof from FOOT. 6 Pursue Dny other remedies legCllly available. 7. Periorm any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the FOOT breDches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO n1<lY exercise one or more of the following options: 1. Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from the UAO. 2. If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices. 3. Pursue any other remedies leg<llly available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements bet\veen the parties nor from any statutory obligations that eilher party may have with regard to the subject matter hereof. 7. Force Majeure Neither the UAO nor the FOOT shall be liable to the other for <lny failure to periorm under this Agreement to the extent such performance is prevented by an act of God, war, riots, n<ltural catastrophe, or other event beyond the control of the non-periorming party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimated duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 8. Indemnification FOR GOVERNMENT -OWNEO UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FOOT and all of its officers, agents, and employees from any claim. loss, damage, cost, charge, or expense arising out of any acts, action. error, neglect. or omission by the UAO, its agents, employees, or contractors during the periormance of the Agreement, whether direct or indirect, and whether to any person or property to which FOOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FOOT or any of its officers. agents, or employees during the periormance of this Agreement. When the FOOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FOOT will immediately forward the claim to the UAO. The UAO and the FOOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FOOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FOOT in such claim as described in this section. The FOOT's failure to notify the UAO of Cl claim shall not release the UAO from any of the requirements of this section. The FOOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial. if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. ;"';'. ."') :.~ ~ ! 'It J.I f: ~j ..'2(-.1 ,'.1)" ": , ~ FOR NON-GOVERNMENT-OWNED UTILITIES, The UAO sl1nll indemnify, defend, nnd hold harmless the FOOT <lnd all of lis officers, agents. and employees from any claim. loss, damage, cost, charge. or expense arising out of any ncts, i1ction, error, neglect. or omission by the UAO, its ngents, employees. or contri1ctors during tile performnnce of the Agreement, whether direct or indirect, and wl1ether to any person or property 10 wl1ich FDOT or si1id parties may be subject, except tllat neither the UAO, its agents, employees, or contrnctors will be li<lble under this section for damages arising out 01 the injury or damage to persons or property directly cilused by or resuitlng from the negligence of the FDOT or any of its officers. agents, or employees during the performance of this Agreement. The UAO's obligCltion to indemnify, defend. LInd pay for the defense or at the FDOT's option. to participate ,md associate with the FOOT in the defense and trial of any dLlnlLlge c1nim or suit and any related settlement negotiations, shall arise within lourteen (14) days of receipt by the UAO of the FOOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) dnys of such notice shall not be excused because of the UAO's innbility to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FOOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performcmce of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by tile FOOT. The FOOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 9. Miscellaneous a. Time is of essence in the performance of all obligations under this Agreement. b. The Facilities shnll at all times remain the property of and be properly protected and maintained by the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package is prepared and the current utility permit for the Facilities; provided, however. that the UAO shall not be obligated to protect or maintain any of the Facilities to the extent the FOOT's contractor has thnt obligation as part of the Utility Work pursuant to the FOOT's specifications. c. The FOOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119. Florida Statutes. and made or received by the UAO in conjunction with this Agreement. d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements. understandings, or negotiations with respect thereto. except that the parties understand and agree that the FOOT has manuals and written policies nnd procedures which may be applicable at the time of the Project and the relocation of the Facilities. e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FOOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless other-...ise notified in writing, notices shall be sent to the followinq addresses: If to the U,A.0: Mr. Tom Robertson. Clearwater Gas System 400 N. Myrtle Avenue. Clearwatr. FL 33755 If to '}'8 FDOT: Dis ;;t Utility I :ngineer 11201 N, Mckinley Drive, 7-L~2o-- T amRa, FL 33612-6456. " .:' .:, 1 tJ.i: ..I~,: IT I[S 8;':O~ ;-....;01 h Of 3 10. Cortific<3tion This document is a printout of nn FOOT form maintt3ined in nn electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are renacted only in an Appendix entiUed "Changes To Form Document" and no ch3nge is made in the text of the document itself. Hnnd notations on affected portions of this document may refer to changes reflected in the above-n::lmed Appendix but are for reference purposes only nnd do not change the terms of the document. By signing this document, the UAO hereby represents U1at no change has been made to the text of this document except through the terms of the appendix entitled "Changes To Form Document." You MUST signify by selecting or checking which of the following iJpplies: o No changes have been made to this Forms Document and no Appendix entitled "Changes To Form Document" ;s attached. o No changes have been mnde to this Form Document. but changes are included on the attached Appendix entitled "Changes to Forms Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. Countersigned: CITY OF CLEARWATER, FLORIDA By: Brian J. Aungst Mayor-Commissioner William B, Horne, II City Manager Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk Rc,-ommcnd Approval by the District Utility Office BY: (Signature) DATE: FOOT Legal Review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Sign:lture) DATE: (Typed Name: (Typed Title: ) ) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Si~ n ;1tU re) D^TE: {Typ\~c1 ~JClrnc: -.-." ----,-_._,-_._..._-_.._._-~- ----------...--"-.- .-------..----. ------- - {TY~)pd Titl,,: WITN ESS ETH MEMORANDUM OF AGREEMENT THIS AGREEtv1ENT, made Clncl entered into this , day of , 2003, by and between the Stute of Florida, Depurtment of Transportation, hereinafter referred to as "FOOT" and the State of Florida, Depurtment of Financial Services, Division of Treasury and City of Clcarv.'ater Gas System, hereinafter referred to liS the" Pllrticipant". \VHEREAS, "FDOT" is currently constructing the following project: rvIain Financial Project No.: 257050-1-56-03 County: PINELLAS hereinafter referred to as the "Project". NOTE: ONLY THE NEXT TWO PARAGRAPHS MAY BE MODIFIED AS APPROPRIATE WITHOUT PRIOR APPROVAL OF FOOT'S COMPTROLLER. WHEREAS, FDOT and the Participant entered into a locally Funded Agreement dated , wherein DOT agreed to perform certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the parties to this AGREEtvlENT mutually agreed that it would be in the best interest of the FOOT and the Participant to establish an interest bearing escrow account to provide funds for tile work performed on the Project on behalf of the Participant by the FOOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit in tile amount of $ 321 ,160.50 (Three hundred twenty one thousand one hundred sixty dollars and fifty cents) will be made by the Participant into an interest bea ring escrow account established by the FOOT for the purposes of the project. Said escrow account will be opened with the Department of Financial Services, Division of Treasury, Bureau of Collateral Management on behalf of the FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FDOT. 2. Other deposits will be made only by the Participant as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements. 3. All deposits shull be made puyuble to the Qi:.n..tlltm!o~nt-.Qf Filltlncic:ll $elvi~_~ Revenue-ErocC5_sing and mailed to the FOOT Office of Comptroller for uppropriate processing tlt the folloVJiWJ Cldclress: Florida Department of Transportation Office of Comptroller 3717 Apalachee Parkway, Suite B f'.1ail Station 24 Tallahassee, Florida 32311 A TIN: LFA Section A copy of this Agreement should accompany any deposits. When the check is mailed to Tallahassee, the District Office should instruct the Participant to mail the District Office u copy of the check. 4. The FDOT's Comptroller and/or her designees shall be the sole signatories on the escrow account with the Department of Financial Services and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the LFA. 6. The Department of Financial Services agrees to prOVide written confirmation of receipt of funds to the FOOT. 7. The Department of Financial Services further agrees to prOVide periodic reports to the FOOT. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF TREASURY PAR TICIP ANT SIGNA TlJ'RE vVilliam B. Horne, IT City Nlanager PAR TICIP f-u"lT NAiY1E & TITLE 112 S. Osceola Avenue Clearwater, Florida 33756 PARTIC1PANT ADDRESS 50 -6000'/,Sl) ~:\i',n\(;L\\' F,:\lPLOYlt:R II) Nlli\'Tln:l{ Clearwater City Commission Agenda Cover Memorandum Worksession Item #: pcu d-. Final Agenda Item # a 7 Meeting Date: 08/21/03 SUBJECT/RECOMMENDA TION: Approve the State of Florida Department of Transportation contract renewal for sweeping State roadways, and adopt Resolution no. 03-30 X and that the appropriate officials be authorized to execute same. SUMMARY: . The maintenance agreement between the Florida Department of Transportation and the City of Clearwater will expire on October 22, 2003. The contract has an annual renewal option for the continued sweeping of 23 miles of various state roadways in 26 cycles. . The City of Clearwater Legal Staff has coordinated the scope of services with the FOOT representative. Renewal is subject to the same terms and conditions of the original agreement. . FOOT Standard Agency Format requires conformance with the Manual of Uniform Traffic Control Devices (MUTCD). The Public Services Department has the necessary equipment to conform to the MUTCD, i.e.... a shadow truck with an attenuator and arrow board. . FOOT compensation for services is based on miles of sweeping completed, currently estimated at $13,306.54 but not to exceed $25,116.00 annually (at $43.00 per mile). . Operating costs to provide these services are approximately $25.00 per mile. . A copy of the agreement is available for review in the Clerks Department. Reviewed by: Originating Cept.: PWAlPublic Services , ;~//l . (G. Johnson) User Cept.: Funding Source: Costs Legal Budget //;':'. "!,ji)/~ Info Service N/A Total Purchasing Risk Mgmt CM/ACM Other N/A N/A Current FY CIP OP Other Attachments Resolution 03-30 Submlttod by: "D'.I AA".. City Manager Q4M, ...N"L Printed on recycled paper o None Appropriation Code: Stateroadsweepl ng .doc RESOLUTION NO. 03-30 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A MAINTENANCE AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, TO PROVIDE FOR ROADWAY SWEEPING WITHIN THE DEPARTMENTS RIGHT-OF-WAY IN THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FOOT) has agreed to retain the City of Clearwater to perform roadway sweeping within the Department's right-of-way in the City of Clearwater under the Maintenance Agreement, State Job No. 40967517201, a copy of which is attached hereto as Exhibit "A"; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby accepts and approves the Renewal of the Maintenance Agreement between City of Clearwater and the State of Florida Department of Transportation, State Job No. 40967517201 to retain the City of Clearwater to provide roadway sweeping within the Department's right-of-way in the City of Clearwater, and authorizes Clearwater City Manager, William B. Horne II, to sign said Maintenance Agreement on behalf of the City of Clearwater. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of .2003. Brian J. Aungst Mayor-Commissioner Approved as to form: '7) 7) /) )/')l {,,(.'( ;"L /, f {( Brya D. Ruff Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Resolution No. 03-30 jt::- :::q J i CONTRACT RENEWAL 375-C20.23 CONTRACTS ,\D/.W; STRATlON C GC . Calg8 STATE CF FLORIDA DE?ARTl.1ENT CF 7RANSPORTAT:;:'; Contract No.: AK-872-R2 Financial Project No(s).: WPI No(s).: N/A County(ies): Pinellas Renewal: 0 First 40967517201 @ Second This Agreement made and entered into this _ day of .. by and between the State of (This dale 10 De entered by DOT only) Florida Department of Transportation, hereinafter called "Department". and City of Clearwater of Clearwater hereinafter called "Contractor". WITNESSETH: WHEREAS, the Department and the Contractor heretofore on October 3. 2001 entered into an Agreement whereby the Department retained the Contractor to perform Roadway Sweeping at various locations in Pinellas County ; and WHEREAS, said Agreement has a renewal option which provides for a renewal if mutually agreed to by both parties and subject to the same terms and conditions of the original Agreement; NOW, THEREFORE, this Agreement witnesseth that for and in consideration of the mutual benefits to flow each to the other, the parties agree to a renewal of said original Agreement dated 10/3/2001 for a period of one year beginning the 23rd day of October , 2003 and ending the 22nd day of October , 200A-- at an annual cost of S 13 306 54 specified herein. All terms and conditions of said original Agreement shall remain in force and effect for this renewal. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month, and year set forth above. City of Clearwater Name of Contractor (SEAL) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY; (SEAL) BY: Authorized Signature William B. Horne II District Secretary or Designee Title: City Hanager Title: Attest: Legal: Surety Date By: Fiscal: Date Approval as to Availability of Funds Countersigned: Resident Florida Agent Date (SEAL) Exhibit "A" PRELIMINARY AGENDA Clearwater City Commission Work Session - 9:00 A.M. - Monday, August 18, 2003 Service Awards Employee of the Month - Timothy Kurtz, August 2003 Certificates for Supervisory Training Convene as Community Redevelopment Agency (CRA): 1. Call to Order 2. Approval of Minutes: 07/14/03 3. Downtown Plan. (Cont. to 9/2/03) 4. Approve the conceptual design for the Downtown Waterfront Marina, as prepared by Wade-Trim, Inc. 5. Adopt the proposed FY 2003/04 Community Redevelopment Agency budget. 6. Executive Director (Assistant City Manager) Verbal Reports 7. Other Business 8. Adjourn Convene as Pension Trustees: 1 - Call to Order 2 - Approval of Minutes: 07/14/03 3 - Request for acceptance into membership: Justin Lutz, Jesse Combs, Jonathan Roberts, Gregory Anderson, Shante Dean, Monica Rodriguez, Dan McCue, Kellie Ciotti, Ryan Brinson, Dennis Cason, Kent Reeves, Bryan Karnes, Randy Bodle, Robert Palm, Casey Lawrence, David Bradford, Jr., Richard Baird, Norrise Shellman, Grant Nelson, Cornelius Collins, Joshua Payne, Louis Anderson, Michelle Sheldon, Shari Lepper, Derek Ferguson, Carrie Mehling, and Elizabeth Renfroe 4 - Regular Pension(s) to be granted: Joseph P. Egger, Walter A. Yasensky, Wayne R. Meissner, Matthew Moore, Douglas J. Wlasiuk, Carol A. Turcotte, and Charles E. Watson 5 - Pension(s) to be vested: Glenn Perry 6 - Other Business 7 - Adjourn Reconvene Work Session PUR PURCHASING Approval of Purchases per Purchasing Memorandum: 1. Pinellas County Solid Waste Management Department, SI. Petersburg, Florida - Waste disposal service during the contract period 9/1/03 thru 8/31/05 in the amount of $383,000. (PW) (Consent) 2. Gallagher Bassett Services, Itasca, Illinois - Claims paid by the City's third party administrator to claimants and their medical providers during the period 10/1/03 thru 9/30/04 in the amount of $550,000. (FN) (Consent) CGS CLEARWATER GAS SYSTEM 1. Approve a Natural Gas Service Agreement with Peoples Gas System and authorize the Gas System Managing Director to enter into future interconnection points under this Agreement. (Consent) 2. Adopt Res. 03-29 to approve a Joint Project Agreement with the State of Florida's Department of Transportation (FOOT) to relocate natural gas mains during improvement Work Session Agenda 2003-08-18 1 Rev. 01-08/18/03 project, FPN: 2571 050-1-56-03/WPI No. 7117138/SPN: 15120-3527/Pinellas Cou.nty, SR 688 (Ulmerton Road)/from Oakhurst to 119111 Street, at an estimated cost of S321, 160.50, rescinding Resolution 03-06. ES EQUITY SERVICES 1. Communities for a Lifetime (Elder Ready). (WSO) MR MARINE /AVIATION 1. Airpark Master Plan (WSO) PR PARKS AND RECREATION 1. Approve a Quit-Claim Deed, Bill of Sale and a five-year funding agreement from October 1, 2003 through September 30,2008, with five, five-year renewable options, between the City of Clearwater and the Pinellas Community Center, Inc., including approval of 7.9 new FTE's, for the management, maintenance and operation of the Long Center. (Consent) PLD PLANNING 1. Downtown Plan. (Cont. to 9/4/03) 2. Public Hearing and First Reading Ordinance Nos. 7155-03, 7156-03 and 7157~03- Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from County R-3, Single-Family Residential District, to City Low Medium Density Residential (LMDR) for property located at 1856 East Drive (Lot 7, Clearwater Highlands Unit A, Blk B, Lot 7, Sec. 2-29-15) (Ljuljic). ANX2003-05010 3. Public Hearing and First Reading Ordinance Nos. 7158-03 and 7159-03 - Land Use Plan Amendment from Commercial General (CG) to Residential Urban (RU) and a Zoning Atlas Amendment from the C, Commercial District to Low Medium Density Residential (LMDR) for property located at 1120 Woodlawn Street (Lots 1 through 12, inclusive, Blk B and Lots 21, 22, 23 and 24, Blk A, and the West % of vacated Tioga Avenue, lying east of Lots 21, 22, 23 and 24, Blk A, Harvey Park Sub, Sec. 22-29-15) (Largo Housing Dev Corp & Tampa Bay Community Dev Corp). LUZ2003-05003 4. Public Hearing and First Reading Ordinance Nos. 7160-03, 7161-03, 7162-03 - Annexation, Land Use Plan Amendment to Residential/Office General (R/OG) and Zoning Atlas Amendment to Office (0) for property located at the northwest corner of the Allen Avenue/McMullen Booth Road intersection, consisting of 5 parcels together with a portion of the 30 ft right-of-way along Allen Avenue, consisting of Lots 4-17 together with Lots 12- 15. Blk 4. and part of Lots 9-11 with a portion of Lot 8. Blk 4, Acker's Sub, together with the abutting right-of-way along Charles Avenue and Public Hearing & First Reading Ordinances 7166-03 and 7168-03 - Land Use Plan Amendment to Residential/Office General (RlOG) and Zoning Atlas Amendment to Office (0) for property located at the northwest corner of the Allen Avenue/McMullen intersection consisting of a portion of Lots 6-13, Blk 4, consisting of 3 parcels, together with a portion of the 30 ft wide right-of-way for Allen Avenue. Acker's Sub together with abutting right-of-way along Charles Avenue (Hupp/McMullen). ANX2003-05011 and LUZ2003-05004 PW PUBLIC WORKS 1. Approve amendment to Florida Department of Environmental Protection (FDEP) cooperative funding agreement No WAP050 in the amount of $2,000,000 to share the cost in implementation of the Lake Bellevue Stormwater Improvement project. (Consent) Work Session Agenda 2003-08- 1 8 2 Rov.Ol-08118;03 2, Adopt Res. 03-30 to approve the State of Florida Department of Transportation contract renewal for sweeping State roadways. 3. Approve Change Order #5 to Keystone Excavators, Inc. of Oldsmar, Florida for the Mandalay Avenue/Papaya St./San Marco Reconstruction contract to complete Phase II of the MLK (North Greenwood) Corridor Enhancement project (01-0029-EN) increasing the contract amount by 5229,390.56 for a new contract total of $3,458.093,97; approve a time extension of 150 days; approve funding for a 10% contingency of 522,939.05 within the MLK Corridor Enhancement project. (Consent) 4. Approve Change Order #9 to Keystone Excavators, Inc. of Oldsmar, Florida for the 2001 Sidewalk/Curb Replacement Contract (01-0021-EN) which increases the contract amount by 5416,300.00 for a new contract total of $1,698,649.10. (Consent) 5. Accept a 10-foot Sanitary Easement over and across a portion of Sec. 5-29-15 conveyed by Houshang Ghovaee for and in consideration of the sum of 51.00. (Consent) 6, Public Hearing - Declare as surplus for the purpose of offering for sale the West 399.78 foot portion of the 50-foot former railroad easement abutting the south property line of Lot 15, Clearwater Industrial Park, the same having been vacated upon adoption of Ordinance Number 7140-03, for the minimum bid amount of 540,000. 7. Approve the final plat for "Bayway Townhomes" located on Bayway Boulevard approximately 1300 feet East of the intersection of Hamden Drive and Gulfview Boulevard. (Consent) 8. Approve the final plat for "Sunshine Apartments" located approximately 1100 feet south of the intersection of Missouri Avenue and Druid Road. (Consent) 9. Approve the McKim & Creed Work Order for Engineering Services for the Northeast Filter and Marshall Street Blower Motor Control Centers (MCC) Rehabilitation in the amount of $118,300. (Consent) ORLS OFFICIAL RECORDS/LEGISLATIVE SERVICES 1. Review Commission Policies. CA LEGAL DEPARTMENT Second Reading Ordinances 1. Ord. 7164-03 - Approve the applicant's request to vacate a drainage and utility easement and a sanitary easement portion in Sec 19-29-16. (V2003-09 KB Home Tampa, LLC) 2. 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) 3. 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. CM Other City Attorney Items City Manager Verbal Reports Commission Discussion Items Other Commission Action Adjourn Work Session Agenda 2003-08-18 3 Rev. 01-08/18103 Presentations for Thursday Night 1. 2003 Legislative Wrap-up - Senator James Sebesta and Representative Gus Bilirakis 2. Tampa Bay Regional Planning Council - Chairman and Pinellas County Commissioner Barbara Sheen Todd Work Session Agenda 2003-08-18 4 Rev. 01-08/18/03 . ~~~t1.;t:~~NT OF ~ ~~~; . 71" .,~r;. . . . ,,'!.. 41. ~ 'i)., ..~....}\.; ~~t:.~.:~... . ELDER AFFAIRS ~~"'.cw.~ COMMUNITIES FORA LIFE TIME INITIAL ASSESSMENT ~.rwater u , .' j e RESOLUTION NO. 02-12 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AFFIRMING THE CITY'S SUPPORT OF THE STATE OF FLORIDA'S ELDER READY COMMUNITY PROGRAM AND THE CITY'S INTENTION TO EVALUATE AND REMOVE BARRIERS TO BECOME ELDER READY; I PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Clearwater supports the Department of Elder Affairs' initiative to make Florida Elder Ready, so elders can be independent as long as possible, and to remain in their homes and in the communities they love; and WHEREAS, the State of Florida has the highest percentage of elders of any state in the nation, and that our elder population will continue to increase, reaching numbers without precedent in the first part of the 215t century; and WHEREAS, in order to allow elders to maintain their dignity, security and independence, communities must evaluate, assess and modify their infrastructures to become Elder Ready; and e WHEREAS, the City of Clearwater and the Department of Elder Affairs share the vision and responsibility to improve the life of all its citizens, so they can prepare for and enjoy aging in place throughout their life; and .. WHEREAS, in order to achieve our mutual goals, cities and counties should begin to build together a place free of mobility barriers; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE . CITY OF CLEARWATER, FLORIDA: Section 1. Our community, the City of Clearwater, will make every effort to find, ev~luate and later remove barriers to become Elder Ready. Section 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this &'tJay of a~,O . 2002. / . e Brian J. Aungst Mayor-Commissioner Resolution 02-12 e . . COMMUNITIES FOR A LIFETIME Purpose In response to Florida's burgeoning elderly population, Governor Jeb Bush established the Comnlunities for 11 IJktime initiative in order to address the needs of a rapidly changing population. The Com.munities for a lifetime initiative assists Florida cities, towns and counties in planning and implementing improvements that benefit the lives of all their residents, youthful or senior. This initiative recognizes the diverse needs of residents and the unique contributions that individuals can make to their communities. Communities participating in the Governor's program use existing resources and state technical assistance to make crucial civic improvements in such areas as housing, health care, transportation, accessibility, business partnerships, community education, efficient use of natural resources, volunteer opportunities, and recreation. The goal of the Communities for 0 LifetJineinitiative is to assess the current state of the City of Clearwater with regard to issues associated with aging and help to make recommendations designed to improve the quality of life for the entirety of Clearwater's diverse citizenry. The program seeks to promote awareness of and.sensitivity to the issues associated with aging. Specifically, the Conununities for a lifetime initiative attempts to infuse the community with values regarding: PERSONAL DIGNITY - allowing community residents to retain control over their own lives through information, choices, and opportunities in an environment that offers compassion and respect. INDMDUAL PURPOSE - fostering a creative and supportive environment in which residents can actively participate in community life, contributing their wisdom, skills and abilities. SECURITY - giving residents peace of mind with respect to issues such as safety inside and outside the home, financial security, health care, crime prevention, protection from victimization, and disaster preparedness. LIFELONG LEARNING - creating ongoing educational and.training opportunities for self-enrichment, upgrading of skills, employability, and career advancement. . e . SUSTAlNABILITY - ensuring that communities meet the present needs of residents without compromising the resources needed for future generations. Emphasizing the value of sustainabiIity in the COIl/lf/lJI/ities fol' n lifetime project is of paramount importance. The information that is gathered as a result of the Communities for a Lifetime project serves as invaluable long-range planning data. TIle Elder Ready Report Cards, for both frail and well elders, compile facts regarding accessibility (and ADA standard , compliance), housing design, transportation concerns (such as road conditions, convenience, navigability, safety, energy-efficiency, and affordability), ecologically sensitive land-use design, friendly businesses, employment opportunities, health care capacity/preparedness, and recreation within the boundaries of the City of Clearwater. This information is helpful in identifying areas in need of greater planning attention and improving the overall quality of life in the City of Clearwater. Receiving the "Elder Ready" Designation Becoming a Community for a Lifetime is a process and long-term commitment that, to be done properly, takes time and requires significant involvement by many stakeholders and partners (including community leaders and interested citizens) in the City of Clearwater. The Florida State Department of Elder Mfairs suggests several steps that the process of becoming a Community for a Lifetime should include: Q Local government passes a resolution or proclamation in support of the program and notifies the Department of Elder Mfairs. Q Elder Affairs provides information, support and guidance. Q The community forms a committee or task force to assess clements importullt for livable communities (as identified by the Elder Ready Report Cards). Q Upon completion of the assessment, the committee identifies arcas in need of.attcntion and incorporates them into a conununity action plan with a timcline for complction. Q The completed report is sent to Department of Elder Affairs for revicw Lind recommendations. Q Department of Elder Affairs will review the report and recommend further action and resources. Q The community implements its long-term action plan. This presentation is designed simply to share the findings of thc initial assessment. e . . While the Communities for a lifeTime Committee has compiled a list of recommended improvements, it is important to remember that they are only suggestions. In order for Clearwater to successfully proceed in its attempt to become a "Community for a lifeTime," the City must establish the organizational infrastructure necessary to coordinate the interests of Clearwater's senior citizens with those of the City as a whole and proceed with the implementation of appropriate p;rojects designed to make Clearwater an elder-friendly place to live. F'l1i~',,!"~7n"t;'I':'~~.ITf;:f.'\";'.: '; :". .' .. .." l ~ ~i~. ~ ~LI~~~\1' . ;:/ \.~~.~:~..f.~;J'~ \~.;~ :" .~.; .:..'t.;.,.:.". .:. '.)~:' ,'~'.:\;. . \'t!: ''\\1.:.s: . ."J, .:t~;~~ti':-::r. :'.,"'. ,", .~iIli." ~'t, l;"~."r':~""f.T..!. '.-\. ':.: ~:;(~~t~:A:~~-..~'~~'? ..''.: ~.~l<:...~. ',' '.. . '. . ": '~::i~~~f~~:~. :~: t . . .. .t. .':':. . . ROLL NO. \ \ 'y. \ , e RESOLUTION NO. 02-12 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AFFIRMING THE CITY'S SUPPORT OF THE STATE OF FLORIDA'S ELDER READY COMMUNITY PROGRAM AND THE CITY'S INTENTION TO EVALUATE AND REMOVE BARRIERS TO BECOME ELDER READY; PROVIDING' AN EFFECTIVE DATE. WHEREAS, The City of Clearwater supports the Department of Elder Affairs' initiative to make Florida Elder Ready, so elders can be independent as long as possible, and to remain in their homes and in the communities they love; and WHEREAS, the State of Florida has the highest percentage of elders of any state in the nation, and that our elder population will continue to increase, reaching numbers without precedent in the first part of the 21st century; and WHEREAS, in order to allow elders to maintain their dignity, security and independence, communities must evaluate, assess and modify their infrastructures to become Elder Ready; and e WHEREAS, the City of Clearwater and the Department of Elder Affairs share the vision and responsibility to improve the life of all its citizens, so they can prepare for and enjoy aging in place throughout their life; and WHEREAS, in order to achieve our mutual goals, cities and counties should begin to build together a place free of mobility barriers; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE . CITY OF CLEARWATER, FLORIDA: Section 1. Our community, the City of Clearwater, will make every effort to find, ev~luate and later remove barriers to become Elder Ready. Section 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this } [J'tJay of U.-...,-,='-77 . 2002. / (.) e Brian J. Aungst Mayor-Commissioner Resolution 02-12 e Communities for a Lifetime Committee Members . Michael Bindman, Pinellas Suncoast Association of l?ea1tors Willa Carson, Greenwood Community Health l?esource Center Peg Cummings, Dept. of leisure Services Charles Dayhoff f Barb Fiddler, ADA Coordinator Herb Freitag, Chapel by the Sea Dee Frey, Ulbmate Med Academy William Bill Graham Howard Growth Mayme Hodges JB Johnson David Jones, 'l11e Oaks of Clearwater Millie Joplin Helen King, Area rtgency on ~ of Pasco-Pinell~ Inc. Sheryl Lord, Consumer Protecbon Agency Mike Meidel, Clearwater l?egJonaJ Cham.ber of Commerce Dennis Miller, Highland Pines .Rehab Center Shirley Moran Marie Reagan, Clearwater Housing Authon'ty Peter Reuter, life BIllancing Center Walter Schoenig Brian K. Smith, Mefropolita.n Planning Oqanization Stephen Spratt, Pinellas County Adminislrlltor Roger Sweeney, Pinellas Suncoast Transit Authon'ty Duke Tieman Bonnie Titbe, Hospice of the non'da Suncoost Lisa Tsetses, Morton Plan Rehab Center Jean Vleming, PineUas County Dept Social Sen'1~ Jonathan Wade, Clemwater One Stop Center Lynn Watkins, Division of Dn'ver licenses Doug Weber, United WayofPineUas Jenni White, Neighborly Senior Seni~ e e . . COMMUNITIES FOR A LIFETIME Purpose In response to Florida's burgeoning elderly population, Governor Jeb Bush established the Communl~ies for l1 Lifetime initiative in order to address the needs of a rapidly changing population. The Communities Ibr 0 tile/line initiative assists Florida cities, towns and counties in planning and implementing improvements that benefit the lives of all their residents, youthful or senior. This initiative recognizes the diverse needs of residents and the unique contributions that individuals can make to their communities. Communities participating in the Governor's program use existing resources and state technical assistance to make crucial civic improvements in such areas as housing, health care, transportation, accessibility, business partnerships, community education, efficient use of natural resources, volunteer opportunities, and recreation. The goal of the Comolunities for l1 Lifetiole initiative is to assess the current state of the City of Clearwater with regard to issues associated with aging and help to make recommendations designed to improve the quality of life for the entirety of Clearwater's diverse citizenry. The program seeks to promote awareness of and.sensitivity to the issues associated with aging. Specifically, the Communl~ies for 0 llJefJineinitiative attempts to infuse the community with values regarding: PERSONAL DIGNITY - allowing community residents to retain control over their own lives through information, choices, and opportunities in an environment that offers compassion and respect. INDMDUAL PURPOSE - fostering a creative and supportive environment in which residents can actively participate in community life, contributing their wisdom, skills and abilities. SECURITY - giving residents peace of mind with respect to issues such as safety inside and outside the home, financial security, health care, crime prevention, protection from victimization, and disaster preparedness. LIFELONG LEARNING - creating ongoins educational and .training opportunities for self-enrichment, upgrading of skills, employability, and career advancement. e e . SUSTAINABILITY - ensuring that communities meet the present needs of residents without compromising the resources needed for future generations. Emphasizing the value of sustainability in the Communities for Ii lifelJille project is of paramount importance. The information that is gathered as a result of the Communities for Ii llIetlmeproject serves as invaluable long-range planning data. The Elder Ready Report Cards, for both frail and well elders, compile facts regarding accessibility (and ADA standard , compliance), housing design, transportation concerns (such as road conditions, convenience, navigability, safety, energy-efficiency, and affordability), ecologically sensitive land-use design, friendly businesses, employment opportunities, health care capacity/preparedness, and recreation within the boundaries of the City of Clealwater. This information is helpful in identifying areas in need of greater planning attention and improving the overall quality of life in the City of Clearwater. Receiving the "Elder Ready" Designation Becoming a Community for Ii lifetIme is a process and long-term commitment that, to be done properly, takes time and requires significant involvement by many stakeholders and partners (including community leaders and interested citizens) in the City of Clearwater. The Florida State Deparhnent of Elder Affairs suggests several steps that the process of becoming a Community for Ii lifetime should include: CI Local government passes a resolution or proclamation in support of the program and notifies the Department of Elder Affairs. CI Elder Affairs provides information, support and guidance. CI The community forms a committee or task force to assess elements important for livable communities (as identified by the Elder Ready Report Cards). CI Upon completion of the assessment, the committee identifies areas in need of attention and incorporates them into a community action plan with a timeline for completion. CI The completed report is sent to Department of Elder Affairs for review and recommendations. CI Department of Elder Mfairs will review the report and reconunend further action and resources. CI The community implements its long-term action plan. This presentation is designed simply to share the findings of the initial assessment. e While the Communities for a lifeTime Committee has compiled a list of recommended improvements, it is important to remember that they are only slIggesbons. In order for Clearwater to successfully proceed in its attempt to become a "Community for a lifeTime," the City must establish the organizational infrastructure necessary to coordinate the interests of Clearwater's senior citizens with those of the City as a whole and proceed with the implementation of appropriate projects designed to make Clearwater an elder-friendly place to ;' live. e . ~ m c: CD ... :II e CD ''8 ~ C) II) a COMMUNITIES FOR A LIFETIME REPORT CARD FOR WELL ELDERS ~~ater u ELDER AFFAIRS iiY~J~..~~ ~Ia r-."",""" ""'0 ~ lsl!ll'''''' ...., SN . 'aaS NO ,,; .;' .: . H -. . ~,: '. .\' " - .\'! . ~ Rental Aparhnent Assisted Living Facility $549 $2,084 $429 $ 585/month $2075.00/ month PineJll1S Healtor Ofganization $1,800 *Avg. Monthly Housing Cost Owner, Mortgaged: $969.00 Owner, Not Mortgaged: $330.00 Renter: $637.00 Census 2000 National Cost Florida Cost Community Cost UTILITY COST A vera~e Avera~e A vera~e $208 $186 $200.00 City of Clearwoter Utilities (Wotel; 7rl1sh~ Slonnwnter; etc.) $75.00 Ven'zon $25.00 flon'do Power and LigI1t $100.00 Good Moderate Unhealthful AIR QUALITY (0-50) (51 -100) 001-200) INDEX 318 days 44 days 4 days Pine/IllS County Air Qullfity Division 2000 WATER QUALITY INDEX Water delivered by the City of Clearwater in the year 2001 either complied with, or was better than, all state and federal safe drinking water requirements. See attaclIed report. HEALTH CARE COSTS AND ACCESSIBILITY Number of Hospitals: 2 Is every area of the community within a 15 minute drive? YES Which areas are accessible in more than 15 minutes? N/ A Number of Geriatricians: 0 Dorida Medical Association Members Number of Family Practitioners: 8 DoridB Medico1 Association Members 2 I- ROLL NO. " ~': \ COMMUNITIES FOR A LIFETIME REPORT CARD FOR WELL ELDERS ~ti-tu.al~~r OF ~ ~,.., :-if" '2 ...t': ~~ 1?1' . .Jj~ ~..~ .;:, ...._!:~l...~\~~\c \"".": Etb'1~R AFFAIRS *,~"~;,.i~tltIA ~.rwater o .1 SECTION I: DEFINITION OF COMMUNITY This community encompasses the following geographical areas: South Union Street; SR 580; Curlew Road Belleair Road North East . Tampa Bay Gulf of Mexico GIS Mopping Syslem West The following zip codes are inside the area: 33755,33756,33757,33758,33759, 33760,33761,33762,33763,33764, 33765,33766,33767.33769 United SIRles Postnl Service SECTION II: COMMUNITY PROFILE POPULATION Total (all age ~roups) 109,231 Total 60+ 65+ 65+ Female Male 28,416 13,992 9,365 2000 C.cnsus Dolo TAXES 23.0975 millage rate COWlty Taxes 7% sales tax $.06/ gallon gas tax Health Care Tax Property Taxes N/A Do low-income elders receive an additional tax exemption? NO If yes, how much? N/ A Does the community have a tax-deferred program for older homeowners? NO Pinellos County Tnx Collec/or HOUSING COSTS National Cost Florida Cost Community Average Average Average Sale Price Condo 2/2 $756 $590 $104,727.27 Homes 2/2 $685 $533 $110,168.75 Homes 3/2 $738 $576 $189,250.00 Trailer / Mobile Home $412 $322 $43,000.00 1 I. .., t:P\4S1lI ~1ltItl ....0 IlfImJ50 fsl!)/ . oJ" .... SN . 'IUIli 'AeQ ., Rental Apartment Assisted Living Facility $549 $2,084 $429 $ 585/month $2075.001 month Pinel/os KeBl/or OlSonizn/ion $1,800 -Avg. Monthly Housing Cost Owner, Mortgaged: $969.00 Owner, Not Mortgaged: $330.00 Renter: $637.00 CeIlS/lS 2000 National Cost Florida Cost Community Cost UTILITY COST Average Average A vera~e $208 $186 $200.00 City of C/eonvoler Uti/ilies (Woter, Tn1shJ S/on11lvoler, etc.) 175. 00 Verizon 125.00 norido Power nnd light 1100.00 Good Moderate Unhealthful AIR QUALITY (0-50) (51-100) 001-200) INDEX 318 days 44 days 4 days Pinel/os County Air Qulllily Division 2000 WATER QUALITY INDEX Water delivered by the City of Cleanvatel' in the year 2001 either complied with, or was better than, all state and federal safe drinking water requirements. See attacl1ed reporl. HEALTH CARE COSTS AND ACCESSIBILITY Number of Hospitals: 2 Is every area of the community within a 15 minute drive? YES Which areas are accessible in more than 15 minutes? NI A Number of Geriatricians: 0 Rodda Medical Association Members Number of Family Practitioners: 8 Rodda Medical Associabon Members 2 I. 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I e ~ ~ljjl1 8 ~Qleee :i:ia~~~ , , CRIME RATE (per 100,000 people) National State Community Violent 952 841 939.29 Non-violent 8,507 5,257 5,141.4 Hon'd11 Dep.utme/l/ of Law Enfora.'meI11 (#Cdmes / tmse/ popuJ.'1b()I/) x lO~ooO Part I = (1026/ 109231) x 100000 = 939.29 Part II = (5616/ 109231) x 100000 = 5/41.4 ECONOMY Unemployment Rate National State Commmtity 4.1% 3.7% 3.9% City of GeI1nvaler }}'nancial &1'Vl~ Del'/. (2002) Employment opportunities fOl" elders: YES, Contact agencies sucl10s tbe AA1lP or SCo.RE for detlJJled listings. Anticipated job growth: 1.8% (Clearwater- Tampa-St. Petersburg) Are volunteer opportunities available? Yes Geographic areas where no volunteer opportunities exist: N/ A Geographic areas where no job opportunities exist: N/ A SECTION III: QUALITY OF LIFE ISSUES ACCESSIBILfIY Local neighborhood shops? YES Drugstores within walking distance? NEEDS IMPROVEMENT Adequate transportation to shops? NEEDS IMPROVEMENT Adequate transportation to drugstores? NEEDS IMPROVEMENT Adequate transportation to medical complex? YES Can you walk or can you obtain transportation from most of the dwellings to: Banks? ... YES Barber/Beauty Parlor? ... YES Theaters? ... YES 3 III 1 "'''' ~:~~~~~~:o~~~~~~~2~~~~8~c~~og ... .. 0 ~::j ~~.~~~~~.~_.~_~~~~~~~:dg~~g~d '# N--~NN~~N~~N-M~-NM-N~ N_ _ ~ e ~ so'" g~-~-~". "'~ ~-~~~~... 0 ..", ~ . ."l-:~ ."!"l;:::~"'!",!~~~~ .~~ .~"l"'!888888 bIl '#ai ~ 8 q~~~~~~~.~~~~o~d~~ ~~~~ddoddQ as . . , , , . u .... ... - ~ll OO~ ."'...."''''~....~.....'''...~-~~g~~'''........... iiI .. ... to", -:"'!'"!"!-:~"l ."!C!"'!~"l~"l"l.-: "'!"'!~"l888888 ... -NOOO...."""~O'W\"'_c_.....~\O....'O:,.,.. ...... < ... - ~~~_,.,..o _MO~~~_- "~~ ....~.......... "l.~ ~"l.~~~~"l.~~~~'"!~~"l. ~.~~~...~"'''''''''''''''' "0 ...... ,.,..-ri~M~.~.~~.~NN_~MN~M-N ~ .9~~ .... o ~oo .~M_ON .N._ ~.... i ~'" o:a .. .. -N-;......._."MM-...._8M_~N_ONO-~OO- ,,~ ,.t..; ~ - - N < t) oS ... .... a ...'" ,... 0. 8 ,." 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"'''' 2 ._~N~N~~'"" ~~re-~N 0 .... c:s a S .2 ... . ~~~~~~~~~~~~~~Q~~:-~;:::~~ D ~ ~~ ;; -'" i"'~~~~-.~.~~~"'''l.~'''~~~.~~'''''''''o'''''' 'c ... l:l: ".M_~~~.~.~~~~~~~~.~~~_ 0 a bIl ... ~ ~8 88888888888888888888888888888 bIl ...... re""re"~N"""""""""NreN"NNNNN~~NN .S :a c:s &Z r .f t) - .D .- e ~ ~ 11- al I 11111111112i~~IJ &Z ~ 1 Ii ~ '" ... 0 ~ ilillliillllllliiiiiiill'i~j~ '8 ~ .~~IJ U) u ... i :c g !il ii!BJ! i~ Iflll!)ll fM~~~ '2 C! nh d ~ 0 .... !.... liiJilfjjlililf~!Jf!ji!!~iiJ~ ~ '" '" - ... ~ JO ..~ . Restauran ts? Coffee Shops? ... Dry Cleaners? ... Supermarkets? ... YES YES YES YES Please identify the areas where it is not possible to obtain transportation from most dwellings: Not Applicable. Ail areas may be serviced by taxi, public bus, or some other means of private transportation. Do supermarkets deliver to homes? NEEDS IMPROVEMENT Do supermarkets provide assistance getting the delivery inside the home? YES Do drngstores deliver to homes? YES Do drngstores have an ongoing list of all medications a customer takes? YES Do drngstores provide medical consultation? YES Do drugstores deliver seven days a week? NO Are drugstores open 24 hours a day? NEEDS IMPROVEMENT Can you shop at a supermarket or drngstore from home? YES DRIVING Total number of drivers in the community (Pinellas County) Total number of drivers aged 60+ in the community (Pinellas County) 793,215 220,641 Hodda Department of Highway SIlf'ely STREET SIGNS Are signs well marked and clear? YES How tall are the signs? Meets minimum 7 ft. Manual on Unifonn Traffic Control Devices (MUfCD) standards. How big are the symbols? In compliance with MUOCD standards. Do signs have reflective letters? YES Can signs be read at night? YES 4 TRAFFIC LIGHTS Timing for Light Changes: In compliance with safe Traffic Signal Timing Plans and are subject to change given demonstrated need. Lane Width: Minimum 10ft. See Illbiched. Road Conditions: Fair Major Highways: US 19, SR 580, SR 60, McMullen-Booth Road r Can the street be crossed without hurrying? Yes PARKING Plenty in important places? NEEDS IMPROVEMENT Well lighted? YES Emergency Call Boxes? NO Walkways separate from driving areas? NEEDS IMPROVEMENT HANDICAPPED PARKING Good location? YES Availability? YES TAXIS Number of Companies National State 6,700 N/A Community 11 Average Response Time: 10 - 15 minutes Are they available 24 hours a day? YES Do they offer a reduced rate for elders? Needs Improvement How reliable is their service? Fairly reliable. 5 TRANSPORTATION Medivan? YES Airline services? YES Train services? NO Bus services (Greyhound)? YES Mass transit system? YES e ARTERIAL & COLLECTOR ROADS OF CLEARWATER I' A VERAGE LANE WIDTHS Street Name Type of Road Average Wulth of Lanes Belcher Rd. Arterial 11' Cleveland St. Collector 10' Countryside Blvd. Collector 13.8' Court St. Arterial 9' Drew St. Arterial 9.2' e Druid Rei. Collector 11' Enterprise Rd. Collector 10.5' Gulf-to-Bay Blvd. Arterial 10' N. Hercules Ave. Collector 12.5' S. Highland Ave. Arterial 12' Island Way Collector 10.5' Keene Rd. Arterial 11' Lakeview Rd. Collector 10' McMullen Booth Rd. Arterial 14' S. Missouri Ave. Arterial 11' Montclair Rd. Collector 9' Myrtle Ave. Arterial 10' Sunset Point Rd. Arterial 10' Union St. Collector 11.3' U.S. 19 Arterial 12.5' Overall Avg. Lane Width 10.9' . , - e Clearwater Downtown Parking e :I,~ -. . . '. '.. " '. \': . .~:..., ...,.... . .-" ....,. ~ . '- ~ .,.. :.: ..... ~ ....:..._~...~~,";';.r. .:~'.. ~ '".i~F ....-.-.. . '....,. .~.. . e DOWNTOWN PARKING (not including strr:d parking) . CITY GARAGES A - Garden Ave. Parking Garage (28 N. Garden Ave.) 271 spaces $.50/hr; $3.00/day maximum $42.80 monthly Free parking Saturday, Sunday, and after 7:00PM Monday - Friday B - Municipal Setvi~ Complex Garage (640 Pierce St.) 485 spaces Free Public Parking Saturday, Sunday, and after 7:00 PM Monday-Friday PERMIT LOTS Lot 18 - Station Square Park 19 spaces $20.00 monthly 8:00AM - 6:00PM Monday - Friday Lot 24 - Chestnut St. 36 spaces $20.00 monthly 8:00AM - 6:00PM Monday - Friday METERED LOTS Lot 1 - Osceola Avenue 161 spaces Rates and times vary ($.10/hr - $.30/hr) Free Parking Saturday, Sunday, and after 6:00PM Monday - Friday Lot 2 - Harborview Center 168 spaces Rates and times vary ($.lO/hr - $.30/hr) Free Parking Saturday, Sunday, and after 6:00PM Monday - Friday Lot 4 - N. Garden Avenue . , 9 spaces Rates and times vary ($.10/hr - $.30/hr) Free Parking Saturday, Sunday, and after 6:00PM Monday- Friday Lot 5 - Coachman - South of Park 248 spaces Rates and times vary ( $.10/hr - $.30/hr) Free Parking Saturday, Sunday, and after 6:00PM Monday - Friday Lot 7 - Drew Street and N. Ft. Harrison 17 spaces Rates and times vary ($.10/hr - $.30/hr) Free Parking Saturday, Sunday, and after 6:00PM Monday - Friday Lot 10 - City Hall 51 spaces Rates and times vary ($.10/hr - S.30/hr) Free Parking Saturday,. Sunday , and after 6:00PM Monday - Friday Lot 11 - Pierce Blvd. South of Cleveland Street 59 spaces Rates and times vary ($.10/hr - $.30/hr) Free Parking Saturday, Sunday, and after 6:00PM Monday- Friday e e Lot 13 - Large Courthouse Lot 48 spaces Rates and times vary ($.10/hr - $.30/hr) Free Parking Saturday, Sunday, and after 6:00PM Monday - Friday Lot 14 - Drew Street Extension 22 spaces Rates and times vary ($.10/hr - $.30/hr) Free Parking.5aturday, Sunday, and after 6:00PM Monday - Friday Lot 16 - Court Street and Garden Avenue 7 spaces Rates and times vary ($.10/hr - $.30/hr) Free Parking Saturday, Sunday, and after 6:00PM Monday - Friday Lot 17 - Court Street and Ft. Hamson - Southeast corner 20 spaces , Rates and times vary ($.10/hr - $.30/hr) Free Parking Saturday, Sunday, and after 6:00PM Monday- Friday Lot 18 - Station Square 55 spaces Rates and times vary ($.10/hr - $.30/hr) Free Parking Saturday, Sunday, and after 6:00PM Monday - Friday Lot 19 - Court Street and Osceola Avenue 39 spaces Rates and times vary ($.10/hr - $.30/hr) Free Parking Saturday, Sunday, and after 6:00PM Monday - Friday Lot 22 - Oak Street -West of Courthouse 105 spaces Rates and times vary ( $.1 a/hr - $.30/hr) Free Parking Saturday, Sunday, and after 6:00PM Monday- Friday Lot 23 - Pierce Street I Park Street 18 spaces Rates and times vary ($.10/hr - $.30/hr) . Free Parking Saturday, Sunday, and after 6:00PM Monday - Friday Lot 29 - n. Harrison Avenue / Chestnut Street 26 spaces Rates and times vary ($.10/hr - $.30/hr) Free Parking Saturday, Sunday, and after 6:00PM Monday- Friday e . e .. '. . . r~learwater Beach Parkillg ... . to ... 'w . .. . " .. .. .. .. . It ~ II ... . , .. .. - .. - e BEACH PARKING (nol incJudins stm:1 parXinsJ CASHIER LOTS Lot 31 - Pier 60 Cashier Lot Seasonal Rate (March-April everyday): $2.00/hr. Regular Rate (Monday-Friday): $1.50/hr. Regular Rate;(Saturday-Sunday): $2.00/hr. $10.00/day Lot 32 - S. 'Gu1fview Cashier Lot Seasonal Rate (March-April everyday): $2.00/hr. Regular Rate (Monday-Friday): $1.50/hr. Regular Rate (Saturday-Sunday): $2.00/hr. $10.00/day e METERED LOTS Lot 36 - Rockaway Seasonal Rate (March-April everyday): $1.00-$1.25/hr. Regular Rate (Monday-Friday): $.75-$1.00/hr. Regular Rate (Saturday-Sunday): $1.00-$1.25/hr. Lot 37 - Avalon Kendall Seasonal Rate (March-April everyday): $1.00-$1.25/hr. Regular Rate (Monday-Friday): $.75-$1.00/hr. Regular Rate (Saturday-Sunday): $1.00-$1.25/hr. Lot 38 - Bay Esplanade Seasonal Rate (March-April everyday): $1.00-$1.25/hr. Regular Rate (Monday-Friday): $.75-$1.00/hr. Regular Rate (Saturday-Sunday): $1.00-$1.25/hr. Lot 39 - McKay Field Seasonal Rate (March-April everyday): $1.00-$1.25/hr. Regular Rate (Monday-Friday): $.75-$1.00/hr. Regular Rate (Saturday-Sunday): $1.00-$1.25/hr. ~UJlI pennils are aV1li1llbk for l4aoo . Local bus routes? YES Number of routes: 37 fixed routes; 7 commuter routes Frequency of buses: 60 minutes (higher downtown) Reliability of buses: Fair to Good Is the cost reasonable? YES Are the stops convenient? NEEDS IMPROVEMENT Are the buses handic~pped accessible? YES Are there special fares for elders? YES Is volunteer transportation available? YES BUS STOPS Can you stop a bus on any corner? NO Can a bus or any other form of public transportation leave you on any corner? NEEDS IMPROVEMENT Is the bus service reliable? YES Do bus routes cover critical destinations? YES Are there Call Boxes in the bus stop? NO Are there benches? YES Are there weather protection shelters? NEEDS IMRPOVEMENT How secure do you feel using public transportation? Very secure. PTSA has installed video security systems on all buses. How close to residential areas are the bus stops? Varies, most are within reasonable walking distance. STREET LIGHTS Adequate number of lights? YES Sufficient lighting intensity? YES PEDESTRIANS Is a sidewalk present? YES Good sidewalk condition? YES Safe traffic light timing? YES Are there benches in walkable parks? YES Are there push-button traffic signals? YES 6 Cost for 60+ Person Are there audible traffic signals to indicate when to cross? YES, at intersections that have demonstrated need: Clearwater Beach Roundabout, Belcher Rd.-Nursery Rd., and Countryside -us 19 Are pedestrian crosswalks well marked? YES Distance between pedestrian crosswalks: Crosswalks are present at most every intersection in Clearwater. " Design of the sidewalk; Curb ramp LEISURE ACTIVITIES Parks Forests (hiking) Beaches Golf Courses Sports Events/Pavilions Universities/ Colleges Volunteer Opportunities Technical Schools Faith-Based Activities Religious Institutions Museums Zoos Concerts Theater Symphonies/ Opera Libraries Number 29 1 2 4 21 4 Varies o Varies 125 4 1 Varies 9 O. 5 Free Free Cost of Parking $8.00 and up Varies Varies, scholarship opportwlitie.s are available N/A N/A N/A N/A Donations Accepted $8.25 Free and higher Varies significantly (from under $10.00 to over $100.00) . Both events are perfonned seasorutlly at Ruth F..ckenJ Hall Free for l'inellas County R.esidents (6 months+) $15.00 for County ~idency Card 7 Transportation to all of the above? YES Which activities have no transportation? None. Private or Public transportation may be obtained to all activities. HOUSING Does the community have a program to help elders adapt their homes to their physical needs? YES Area Agency on Ag1its of Posco-PineUas, Inc. City of Clea..nvoler HOUSJitS Department Clearwater HOUSJitS Authority Neighborly Senior Services Pinellas OpportU/lity CouncJl Urhanleague 727-570-9696 727-562-4026 727-461-5777 727-456-0222 727-442-5649 727- 327-2081 How well is it publicized? Information is dispersed through brochures, public classes, and electronic media. What type of repairs do they make? Any non-luxury repair, including but not limited to: extensive general home repairs to code, roofing, air conditioning and heating change-out, energy related improvements, landscaping, electrical and plumbing. What type of retrofitting do they cover? Any non-luxury retrofitting including, but not limited to: shower bar installation, smoke detector installation, wheel chair ramps. What type of maintenance work is provided? Any non-luxury maintenance item including, but not limited to: tennite inspection and treatment, plumbing and electrical repair, replacement of hot water heaters, heati.ns and cooling systems, and the construction of wheelchair ramps to provide handicapped accessibility. Is there a community program building ramps? Yes. Several organizations including the Urban league and the Pinellas Opportunity Council offer ramp building programs for the elderly or physically disabled. DOMESTIC VIOLENCE SHELTERS Number of Shelters for the General Population: 2 county-wide Number of Shelters for Elders: 0 Elder-specific 8 HURRICANE/DISASTER SHELTERS Number of Shelters: 3 in Clearwater, 19 available for use throughout Pinellas County Number of Special Needs Shelters: 2 in Clearwater, 10 available for use throughout Pinellas County Oxygen capabilities? YES, limited. Comparison to other communities in Florida: Low for a community of Clearwater's size. ELDER FRIENDLY BUSINESSES Total # of Restaurants: 452, 40 were surveyed USJirg 0 strotilied /'Of/dom sample desigll. Total # of Elder Friendly Restaurants: 406* (estimated hosed 011 somple results - 36/40) Total # of Drugstores: 38, 20d.rvssto~ 18storr:.s wi/1rplull7Tlocies Total # of Elder Friendly Drugstores: 38 Total # of Supermarkets: 41, 8 supemrorke4 33 g.roceJy stores Total # Elder Friendly Supermarkets: 29 Total # of Theaters: 9 Total # of Elder Friendly Theaters: 9 Total # of Department Stores: 18 Total # of Elder Friendly Department Stores: 16 Total # of Bookstores: 4 Total # of Elder Friendly Bookstores: 3 Total # of Hospitals: 2 Total # of Elder Friendly Hospitals: 2 Total # of Car Dealerships: 58 Total # of Elder Friendly Car Dealerships: 52 Total # of Taxis: 11 Total # of Elder Friendly Taxis: 11 Total # of Sports Pavilions: 26 Total # of Elder Friendly Sports Pavilions: 26 Total # of Real Estate Companies: 284, 40 were surveyed using 0 simple random SIlDlple design. Total # of Elder Friendly Real Estate Companies: 277* (estimated based on S8IT1ple results - 39/40) Total # of Home Repair Companies: 9 Total # of Elder Friendly Home Repair Companies: 9 9 Total # of Travel Agencies: 68 Total # of Elder Friendly Travel Agencies: 61 ELDER FRIENDLY GOVERNMENT Are law enforcement officers trained in elder abuse? YES Are law enforcement officers trained in domestic violence against the elderly? YES . Do law enforcement officers keep a special watch for fraud and scams against elders? YES Have you become aware of any elder victims of crime in your area? YES Does the local sheriff's department have an elder-crime victim's advocate? YES Do local banks work with law enforcement in identifying potential cases of exploitation? YES Are domestic violence shelters trained and designed to address elders? YES Are postal workers trained to check on elders? YES Do postal workers report when mail is not being picked up by a resident? NO Are mailboxes for next-day delivery and regular delivery located in all parts of the community? YES Can stamps be bought by mail? YES Do local officials publicize special programs and services for elders? YES Are the programs and services well known? YES How are residents protected from fraud and exploitation? Cooperation between local businesses/ agencies and Clearwater law enforcement. Are local agencies conducting home safety inspections for elders? NEEDS IMPROVEMENf Can library books be checked out by mail? YES Does the community have 911 emergency service? YES What is the average response time? 4 minutes, 23 seconds When calling a government agency, how many different numbers must be dialed? One. Most personnel WIll connect you to the appropdate department if necessmy. How long is the wait before someone answers the phone? Two - Four rings. Are the government offices located in a safe location? YES Do they have plenty of parking? YES Does the Fire Department have an injury prevention program? YES 10 Do Fire/Police departments have sensitivity training to deal with elders? YES Does the community/Fire Department have an emergency management system? YES Does the Fire Department have any elder-related program? YES If yes, please describe. C.E.R. T, Vials of Life, Elder Links Does the Police Department have an elder outreach and information program? YES Is there a volunteer initiative in your community serving elders? YES Is there an Alzheimer's Identification Bracelet Program? YES Can an elder register to vote by mail? YES Is there computer training for elders? YES Are programs and computers designed for visually impaired elders? YES Does your community have a telemedicine program? YES Are elders aware of it? YTS Are the following services available in your community: Dental exams, dentures? YES Prosthetic devices, retrofitting? YES Eye exams, eye glasses? YES Mobility cane? YES Programs that help with the cost of utilities for poor elders? YES Discounts on telephone service for low-income elders? YES Discounts on Internet access? NO Does your community offer Vials of LIFE? YES What does it include? Care for medications, medical history, personal contact information, etc. LAND USE AND ZONING: Total For Elders Public Housing Units 1256 475 11 ASSISTED LIVING FACILITIES Adult Day Care: National State Community 8 in Pinellas County, o in Clearwater Total Number 11,800 2,305 Monthly Cost 2,084 1,800 N/A Are mother-in-law quarters allowed? YES Where in the community? In all residential areas. What is allowed in the mother-in-law quarters? Any necessary appliances that comply with City code. What steps are used to involve elders in land use planning and urban design? Elders are not targeted specifically in land use planning and urban design. However, their interests are taken into account through measures such as ADA compliance. How is information being disseminated so elders can attend meetings? Information is posted at City buildings, on Channel 15, on the Internet, and is printed in other City publications. ADDITIONAL INFORMATION Clearwater has been designated as the first ever Heart Safe City. The designation recognizes Clearwater's outstanding service and dedication to saving lives through the American Heart Association's program Operation Heartbeat. The City has participated by purchasing and strategically placing advanced lifesaving devices, automated external defibrillators (called AEDs), to assist in emergency cardiovascular care throughout the city. In addition, the City has supported the effort through fund-raising, providing locations for educational training, and promoting life-saving equipment. 12 e ." iil m i "" . e COMMUNITIES FOR A LIFE TIME REPORT CARD FOR FRAIL ELDERS DEPARTMENT OF ,~~".1".p~~~, ~&fr" .:l~~~"'~~_; ~'l':' .,)! h ~:.::;4,:':'~'. ~,:~~~ ';(~~'.:~<~:: ~-~: ~arwater u ELDER AFFAIRS _~A't8JW ~ ~ ELDER AWARENESS Does the community have a directory of services for elders? YES How is the directOlY made available to the customers? The directory is distt'ibuted through mail for the cost of postage. It is also distributed at no cost at health fairs. Does the directory specify if service providers listed have multilingual capabilities? NO Is the Elder Helpline number prominently published? YES Does the Elder Helpline have multilingual staff available? YES If yes, what languages? SPANISH, ENGLISH For any otlIer l.1/lSlIages~ tlIe Senior HelpiJile uses A T&T:s Interpreter Progra/ll. Is the directory updated at least evelY six months? TIle published directory is updated every two years, however, the Senior Helpline database is updated on an ongoing basis. Soon, the database will be available on the internet. Is the directory published in different languages? NO If yes, what languages? N/ A MEDICAL TRANSPORTATION Are providers trained to assist visually impaired passengers? YES Are providers trained to assist hearing-impaired passengers? YES Many local physicians, HMOs, clinics, and hospitals provide h'ansportation for their patients. Seniors wishing to take advantage of this service should contact their care providers for details. EMERGENCY ALERT RESPONSE SYSTEMS How many distributor agencies are operating in your community? 5 (ADT Companion Service, Health Watch, Life Line, Response Link for example) Range of cost for installation? $50.00 - $100.00 Range of cost for monthly maintenance? $35.00 - $45.00 Is there a discount for elders? Yes. Some systems can be purchased with a needs-based subsidy. Morton Plant-Mease's lifeline Emergency Alert Response System also offers discounts. 1 Are emergency alert response systems built into new consh:uction of elder housing? Emergency Call Systems are required for licensure in the construction of new elderly housing. HOSPICE Number of agencies in your area? 5 Hospice branches operate in Pinellas County: The Hospice of the Florida Suncoast Hospice House - Woodside 300 E Bay Dr 6770 102nd Ave Main Community Service Center Pinellas Park, FL Largo, FL (727) 541-4199 (727) 586-4432 The Hospice of the Florida Suncoast 11701 S Belcher Rd Suite 130 Largo, FL (727) 523-2352 TIle Hospice of the FL Suncoast 5639 49th St N South Community Service Ctr Saint Petersburg, FL (727)521-5634 Hospice of the Florida Suncoast - North Community Service Center 2675 Tampa Rd Palm Harbor, FL (727) 789-7811 HOUSING \Vhat kind of funding assistance is available to assist elders with environmental modifications? Clearwater Housing Authority, Urban League, City of Clearwater Housing Department, etc. all offer need-based programs that cover the costs of necessary home improvements. Are there any volunteer-based programs to help with housing adaptation? YES Is there rental housing available that has been adapted for frail elders? YES Is there an adequate supply of public housing that has been adapted to the needs of the frail elder? YES, but future demand will need to be addressed. Does the elderly public housing have services available to assist the residents? YES Are reverse mortgages available for elders in all sections of the community? YES Does the community have a tax deferral option for low-income elderly homeowners? No 2 I I Does the community have a program to help elderly identify fraud in home construction and remodeling? The Clearwater Police Deparhllent works in conjunction with a number of state and local agencies to identify all types of fraud and makes such information available publicly through community meetings, television, the internet, or print publications. ADULT DAY CARE / ADULT DAY HEALTH CARE CENTERS Number of Centers? There are 8 Adult Day Care centers in Pinellas County, all of which service Clearwater's senior citizens. Capacity? The total capacity of these centers is 415. What activi ties/ services are available? Health Monitoring Arts, Crafts and Games Medication Management Reminiscence Groups Breakfast, Lunch and Snacks Current Events Exercise Groups Guest Speakers Personal Care Assistance Alzheimer's Support Groups for Caregivers Nutritional Counseling Speech Therapy Physical Therapy Occupational Therapy Optional care (e.g., showers, bedtime preparation and transportation) Are there any zoning restrictions that would prevent the opening or operation of an Adult Day Care facility in a neighborhood heavily populated by elders? Perhaps. It depends upon the type of zoning and the number of clients in the facility. GROUP HOMES FOR ELDERS How many licensed Adult Family Care Homes are operating in the community? 2 Eakins, Rosemary and James 1912 STRAUCH ROAD CLEARWATER FL 33760 (727) 536-2390 CAPACITY: 3 Tolbert, Jennifer E. 2160 RIVERIA DRIVE CLEARWATER FL 33763 (727) 741-0288 CAPACITY: 4 What is the total capacity of these homes? 7 Does the staff have multilingual capabilities? No 3 ~ What is the range of the cost? Approximately $715.00, plus a $400.00 government stipend per person, per month. Is there any training for the staff? Yes, continually. Are there any zoning restrictions that would prevent the opening 01' operation of an Adult Family Care Home for the elderly? No, however, the number of residents may be restricted. ASSISTED LIVING FACILITIES How many Assisted Living Facilities are in the community? 72 What is the range of cost? $900.00 - $3,250.00 per month How many ALFs participate in the Assisted Living Waiver Program? 14 Services offered to residents: Transportation.. . Yes Shopping Assistance. . . Yes Emergency Alert Response... Ycs Medical Therapeutics... Needs Improvement (15/72) How many facilities offer dementia-specific services? 44 Does the staff have multilingual capabilities... Yes Respite for caregivers... Yes CONTINUING CARE RETIREMENT FACILITIES How many Continuing Care Retiremcnt Facilities are in the community? 4 How many are rental communities? 3 How many are buy-in communities? 1 What is the range of costs? $1,150.00 - $2,462.00 per month What services do Continuing Care Facilities offer residents? Transportation.. . Yes Shopping Assistance... Yes iil 4 iijl Emergency Alert Response... Yes Medical Therapeutics... Yes How many facilities offer dementia-specific services? None Does the staff have multilingual capabilities? Yes NURSING HOMES How many Nursing Homes are in the community? 13 Advanced Health and Rehabilitation Services of Clearwater Beckett Lake Lodge Clealwnter Center Glen Oaks Health Care Harbourwood Nursing Center, Inc. Highland Pines Rehabilitation and Nursing Center Integrated Health Services of Florida at Clearwater Mariner Health of Clearwater; of Belleair Oak Bluffs Nursing Center Palm Garden of Clearwater Sunset Point Rehabilitation and Nursing Center Sylvan Health Center Westchester Gardens Rehabilitation and Care Center What is the range of cost? $130.00/day - $152.00/day How many Nursing Home facilities offer dementia-specific services? 3 Does the staff have multilingual capabilities? Yes Are there dementia-specific activities offered? Yes Is there staff training for dementia-specific care? Yes How many nursing homes have received the Gold Seal from the Agency for Health Care Administrators? None Does the community have an active long-term care ombudsman program? Yes SHELTERS FOR FRAIL ELDERS Number of Domestic Violence Shelters: 2 (county-wide) Number of Elder-Specific Domestic Violence Sheltel's: None Number of Special Needs Disaster Shelters: 2 (in Clearwater), 10 (in Pinellas county) 5 Number of Elder-Specific Special Needs Disaster Shelters: None Is there a staffing plan to assure adequately qualified people are available in these shelters to offer assistance? Yes Are shelters equipped for oxygen-dependent patients? Yes Is the Registry for Special Needs Evacuation coordinated to assure all elders in need of assistance are registered? Yes Is the plan for evacuation of the special needs population adequate for the area? YES SUPPORT GROUPS FOR FRAIL ELDERS Type of Group Caregivers Concerned Grandparents Organization Inc. (727) 442-5373 Strokers Club at Morton Plant (727) 449-8418 Dementia Specific Any Dementia (727) 588-0020 or 391-9999 . Alzheimer's Specific Alzheimer's Association, Tampa Bay Chapter (727) 578-2558 Parkinson's Specific Parkinson's Support Group of Upper Pinellas County (727) 712-8740 Cancer Specific American Cancer Society @ Countryside Mall Mease Countryside Health Education Center Clearwater, FL (800) 227 -9954 American Cancer Society @ Florida Community Cancer Centers 3253 McMullen Booth Rd #100 Clearwater, FL (800) 227-9954 American Cancer Society @ Powell Cancer Pavilion 303 Pinellas St Clearwater, FL (800) 227-9954 Cancer Patient Support Services (727) 462-2125 Vision Specific Watson Center (727) 544-4433 Widow/Widower /Survivors Child and Family Support Program of the Hospice of the Florida Suncoast (727) 586-4432 Community Bereavement Services (727) 588-2812 6 Compassionate Friends Inc. (727) 461-5980 St. Cecelia's Inter-Parish Singles, 50 Plus (727) 593-3505 Ostomy Specific United OstomyAssociation, Inc. Clearwater Area FL Chapter #563 727 -392-8189 Other Advocare Trust, Inc. (727)791-3972 This is an independent group of parents of persons with developmental disabilities, most of whom are older and retired. AIDS Community Project of Tampa Bay (ACP) (727) 449-2437 Provides emotional and practical support to people infected or affected with HIV / AIDS regardless of age, race, creed, sex or sexual orientation. AI-Anon/ Alateen Family Groups (727) 548-6811 12-Step Support groups for family and friends of alcoholics. ALS Association (727) 579-9511 Support groups for the victims of ALS (Lou Gehrig's Disease) and their families. 'Center Against Spouse Abuse (727) 895-4912 Advocacy, community education, outreach, and support for victims and survivors of domestic violence and their children. Clearwater Police Department, Victim Assistance Program (727) 562-4350; 562-4351 Provides crisis counseling to victims of crimes, information on victim's rights, referrals and emotional support. Helps victims through the legal process and attains compensation for crimes. Diabetes 2000 Club (727) 461-8330 Divorce Care Support Group (727) 515-7983 Haven of RCS (727) 442-4128 Provides safety, support, and guidance to victims of domestic violence. Life Balancing Center Inc. (727) 447-6305 Educational programs; vegetarian resource center. Provides healthful natural living guidelines; consultations; vegetarian resource center. Linking Lifetimes (727) 538-7460 111is program matches at-risk middle school youth with mature adult mentors to provide encouragement friendship patience understanding and guidance. iil I 7 Mental Health Association of Greater Tampa Bay Inc. (727) 669-1385 Promotes mental health, prevention of mental illness, and improvement in care and treatment of the mentally ill. Recovery Inc. (727) 447-3494 Recovery Inc. is a mental health/self-help pl'Ogram for people with anxiety, stress, depression, and anger issues. Salvation Army, Clearwater Corps Community Center (727) 725-9777 Food, clothing assistance, rent, utility assistance, family and individual therapy, financial counseling, church services, pastoral counseling, disaster assistance, transitional housing, AIDS support groups, day care center and senior citizens programming, family literacy and homeless shelter. Sexual Assault Family Emergency (SAFE) Center (727) 535-9811 Crisis intervention and aftercare therapy and support gl'OUpS for adult and child victims of sexual assault, abuse or incest. Provides psycho- educational support group for families of victims. Tampa Bay AIDS Network (727) 298-1634 DEMENTIA-SPECIFIC SERVICES How far is the closest MemOlY Disorder Clinic from the community? Approx. 20 miles University of South Florida- Saint Petersburg campus Is there an active Alzheimer's Association in the community? YES Is there an Identification-Bracelet program in the community? YES How many respite programs are in the community? 2 Does the community have the RELIEF pl'Ogram, which coordinates volunteers to provide evening and weekend respite? YES (through the Alzheimer's Association) CAREGIVER SERVICES Is caregiver training available in the community? YES (through Neighborly Senior Services, ADI Case Management, Alzheimer's Association, Hospice, Morton Plant/Mease Hospital, Red Cross) Are Consumer-Directed Care options available? YES (through Neighborly Senior Services) 8 I I Are there any other creative approaches being used to meet the needs of caregivers in the community? YES HOME HEALTH AGENCIES How many Home Health agencies are in the community? 26 How many are licensed? 26 Do all geographical sections of the community have access to all services? YES OTHER SOCIAL SERVICES How Many Senior Centers are in the community? 2 Senior Citizen Services Kent Jewish Community Center (The Area Agency on Aging and Neighborly Senior Services also provides senior citizen centers available to Clearwater citizens, but that are located in neighboring communi ties.) Activities/ services offered at the Senior Centers: Disease Management? Yes Exercise? Yes Mental Health? Yes Transportation? Yes How many Case Management agencies are in the community? 2 that are publicly funded: Neighborly Senior Services and Gulf Coast. However, many private care management organizations located outside of Clearwater will provide services to Clearwater residents for private pay. What is the average cost pel' hour for services? $40.00 - $65.00 Is there any tracking of volunteers working with frail elders in the community? YES If so, how is this tracking accomplished? The Area Agency on Aging produces a quarterly volunteer tracking report that counts the number of volunteers and the number of hours of those who volunteer in any program related to the Department of Elder Affairs. 9 SERVICES AVAILABLE Area Agel1cv 011 AgJilg oi'Pasco-Piilelf.r1s (727)570-9696 Adult Day Care Home Health Care Case Management Home Delivered Meals Chore Services Homemaker Services Congregate Meals Information & Referral Counseling Legal Services Crime Victim Advocacy Nutrition Education Driver Assessment and Training Outreach Emergency Utilities Assistance Personal Care Emergency Alert Response Respite Health Promotion Services Senior Centers Health Insurance Counseling Transportation Home Repair Senior HelpLine: (727) 576-1533 NeigJlbodvSenlorServices (727) 573-9444 Adult Day Services Respite Program Transportation Care Management Personal Emergency Alert Systems Nutrition Services- Meals on Wheels Senior Dining Nutrition Risk Reduction Nutrition Counseling and Education Home Health Care- Physical Therapy Occupational Therapy Speech Therapy Medical Social Workers Home Health Aides Guli' Coasl /ewi~11 Familv Services. Illc. (72 7) 538-7I:J{) TIle Geriatric Residential Treatment System Counseling for Crisis Ol' Emotional TUl'lllOil Hacienda Home Alternative Family Program Day Treatment Mental Health Overlay Geriatric Crisis Response Team Case Management Elder Ed Caring Companions Program Adults Mentoring Children Adopt -a - Grandchild Linking Lifetimes Pn'l'ote llSellcks scrvillg Cle.anvotcrs elderly It!Sidellts moy provide tlte se/Vices listed oLlJl'c os well. 10 MENTAL HEALTH SERVICES FOR FRAIL ELDERS Number of agencies with counselors specializing in aging issues? 6 Area Agency on Aging Mental Health Services 1437 S Belcher Rd., Ste. 200 524-4464 Anchor Community Mental Health Center 309 N Belcher Rd. 725-1718 Baycare Behavioral Health Center at Lakeview 516 Lakeview Rd Geriatric Mental Health Services 19321 US 19N 446-6325 Gulf Coast Jewish Family and Mental Health 14041 leot Blvd. 446-1005 Sunshine Behavioral Health Services 4908-B Creekside Dr. 573-9797 Number of programs specializing in depression in the elderly? 6 Number of grief/bereavement specialization programs targeting the elderly? 6 Number of agencies specializing in substance abuse among the elderly? 2 Number of programs specializing in polypharmacy? 2 Are funding options available? YES SPECIFIC MEDICALLY RELATED SERVICES TO FRAIL ELDERS Number of physicians specializing in serving frail elders? None in Clearwater serve frail elders specifically, although Clearwater residents do have access to geriatric care in both Pinellas and Hillsborough counties. Number of dialysis units in the community? Clearwater Artificial Kidney Center Inc 2565 Enterprise Road, Clearwater, FL 33763 (727) 796-9122 Community Dialysis Services of Clearwater 1124 Lakeview Road, Clearwater, FL 33756 (727) 461-5477 Gulf Breeze Dialysis Center 1121 Overcash Drive, Clearwater, FL 33755 (727) 738-4425 ~ 1 1 Number of X-ray services providers in the community? 5 Are there any medical research programs available? Yes, through USF Number if service providers offering assistance to deaf/hearing impaired clients in the community? 4 Number of eye-carc scrvice providers in the community? 30 Number of eyeglass procurement/replacement providers in the community? 38 Number of service providers offering assistance to blind clients in the community? 2 Number of dental care providers in the community? 187 Number of denture procurement/replacement providers in the community? At least 3 Number of Medication Management programs available? 4 (minimum) Number of Medication Counseling options available? 4(minimum) Number of medical supply vendors available? 35 Are the prices competitive? Yes Are assistive devices that enhance consumer independence available? Yes Is there accessibility to prosthetic devices? Yes Are there companies which specialize in training consumers in the use of assistive devices? Yes Are the prices competitive? Yes Are there telemedicine capabilities or programs available? Yes LEGAL SERVICES TO FRAIL ELDERS Number of Elder Law attorneys in the community? 7 Is there an Elder Justice Center in the conullunity'? Hillsborough County's Thirteenth Judicial Circuit has an Elder Justice Center that offers scrvices to Clearwater seniors. Stetson School of Law also offers assistance to the elderly. Is there a victim advocacy unit specializing in service to eldcl's? Yes Does thc Legal Aid office in the community provide spccialized serviccs to cldcrs? Yes Are forms for Powcr of Attol'l1ey, Health Cal'c Surl'Ogatc, and Living \Vills available without cost of attorney? Yes, through the Senior Hclpline and Legal Aid 12 Is there an active Public Guardianship Program in the community? YES \Vhat consumer advocacy groups are active in assisting frail elders in the community? Consumer Protection Agency Victim Advocacy Unit @ Senior Helpline Better Business Bureau Consumer Service Foundation Pinellas County Department of Consumer Florida Quality Assurance ACCESSIBILITY OF OTHER COMMUNITY SERVICES TO FRAIL ELDERS Is there a mobile library in the community to which frail elders have access? YES Is there a reading service in your community for those who can no longer see to read? YES Do elders have access to Veteran's Health Care services? YES Number of pharmacies that deliver in the community? 1\vo, Prescriptions by mail are also provided by several pharmacies. Number of restaurants that deliver in the community? Number of grocery stores that deliver in the community? While delivery is not an official service for most grocery stores, many will make special efforts to provide delivery service on a case-by-case basis. Is there a "Gatekeeper-type" program in the community where employees not problems elders are having in the community and refer them to aging services providers for needed assessment and services? YES (with Florida Power, the Elder Links Program) 13 e . ." I ::J . Ii .g: ::J e e . . '1 e - . ( .: . '..1'.. ; '.' / "'~. '. .. i . Florida has the highest proportion of elders (22.6%) Florida has the highest migration of elders: 500.000+ "snowbirds" 50.000+ new resident retiree Elders' income helps cushion local community during economic hardship $40+ billion purchasing power S80 billion in tot.1l economic actIvity Generates 1.3 Illillion jobs 2 e . . . ~.: l . Provide 366 million volunteer hours per year Support cultu ra I institutions Communities that cater to citizens of every age are more complete, content, and sustainable 3 e . Conduct recreiltioll survey Determine ilctlvlties of Il1tef(~st Request age ~JrollJllllp coelL'S Emer9cncy Shellcr Cilpilcity Atlr,1ct Geriatric M(~dlc;t1 Specialists . ~ " \ j I '~ : I i (;1 i ; : " : Conduct Survey in Countryside Poll transportation needs Access to businesses/shops Independence for non-drivers- Encourage mixed-uscs 4 e . . City-sponsored recreational programs Card Garnes Weekday Afternoon Concert Series Educational program covering health & lifestyle issues 5 . e I 3 I en .. e e . Communities for a Lifetime Committee Recommendations .:. Address the need for senior programs and services to be offered throughout the City at libraries, recreation centers, and community centers, rather than only at a single, centralized center. .:. Establish a staff position, e.g. Senior Services Coordinator, in an appropriate department, to coordinate and act as an advocate for all "senior issues," which should include, but not be limited to recreational activities and quality of life issues. .:. Establish a senior advisory committce to advise the City Commission on senior quality of life issues. .:. Advocate for an agency-sponsored senior day care program in Clearwater. .:. Survey Countryside area residents to find out how to make access to shops, etc. easier for non -drivers. .:. Survey recreational activity participants to determine what activities are of interest to elderly residents specifically. Request zip code information on survey forms for determining where particular activities should be offered. .:. Emergency shelter space is inadequate for well and frail elder residents. \Vork with Pinellas County Emergency Management to increase shelter capacity in Clearwater. .:. Address the shortage of geriatric medical specialists in relation to number of elder residents in our community through lobbying efforts, discussions, etc. .:. Publicize Elder HelpLine telephone number on Channel 15. .:. Publicize the City's quality of life programs for seniors, as well as Talking Library services, on Channel 15 and through other City publications. .:. Publicize specifically that 211 and Elder Helpline can give information about transportation resources. Publicize through City publications and Channel 15 and via major newspapers and senior newspapers. .:. Institute City-sponsored recreational programs, like those offered in Sarasota and Jacksonville, that offer activities such as card-playing, volunteer musicians, and weekday afternoon concert series. .:. Establish an educational program (through multiple library branches, for example) regarding healthy lifestyle and holistic health and nuh.ition. Increase library's book and subscription collection on holistic health topics. e e e .:. Collaborate with the appropriate agencies (such as F'TSA) to make public h'ansportation more accessible, affordable, and user-friendly for the elderly. .:. Become an active partner in a Gatekeeper program that helps identify elders in need of assistance to maintain their independence and stay in their own homes. .:. Post signage for courtesy (unenforced) senior parking spots in the downtown area as a gesture showing that the City values its senior citizens. C ta - A- a.. .! <<It ta ~M ~O ...0 taN 0.. a..~ ._ U) c::s CU~ > ::::I .- C ..., ::s CU U~ CD fa )(" 11.I0. ...:) S fa ! fa CU - U I- ...,~ g~ ~ ~ ....... - ~ ~O\ N* ~CU *= "C C CU ell > a.~ >< LLI --. . (IIlI""""~ . --. * ,,~ C~ ::Jt-I u.~ eN cu"" , .. . .... ~ ~-- *u . co . .!I'II 0\ . en'" O\cGJ PI. -- Q ." fa ~ ~ I U-.' a.. 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