08/22/2002
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" 'CITY COMMISSION
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, August 22, 2002 - 6:00 P.M. * Commission Chambers
ITEM #1 ~ Invocation - Deacon Grevenltes, St. Brendan's Catholic Church
ITEM #2 M Pledoe of AlleQiance - Mayor.
ITEM #3 - Service Awards - One.
ITEM #4 - Introductions. Awards. and Presentations - Presented.
a) 2002 Legislative Wrap-up: Representative Frank Farkas - Chairman Pinellas County Legislative Delegation
and Representative John Carassas
b) 'Graduation of Citywide Leadership Group
c) Pinellas County Library Cooperative Grants
ITEM #5 - Approval of Minutes - 8/08/02 regular meeting - Approved as submitted.
ITEM #6 - Citizens to be heard ra items not on the Aoenda: - None.
PUBLIC HEARINGS
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Item #7 - Declare as surplus for the purpose of offerino for sale and advertisino for net bid amount of not less
than $70.000. Harvey Park Subdivision, Block B, Lots 1 through 12 inclusive to the highest bidder meeting
certain criteria. PW
ACTION: Approved.
, Item #8 - Not a public hearinq - Update regardinq Beach Parking
ACTION: Update given.
Item #9 - Review and approve an amendment to the Development AQreement between the Clearwater
I Seashell Resort LC and the City of Clearwater which provides for the interim use of the property as a public
parking lot; extends the time frames for both the hotel project and interim project; provides lec;:e terms for the
parking lot; adds a provision requiring the City to purchase the property under certain conditions; authorizes
staff to establish a new capital improvement project to purchase the site for up to $6 million; and approves an
interfund loan of $2 million from the Central Insurance Fund and $2 million from the General Fund and commits
$2 million of the retained earnings of the Parking Fund to total $6 million of the estimated project cost. PLD
ACTION: Approved - 4:1 (J)
Item #10 - Public Hearinq & First Readino Ord #7001-02. #7002-02 - Land Use Plan Amendment and
RezoninQ for property at 3021 State Road 590 (Lot 2, South Oak Fashion Square in Section 09, Township 29
South, Range 16 East) (Bayrldge Apartments, LLC/Advent Realty Ltd. Partnership) LUZ 2002-05004 PLD
, ACTION: Approved. Ordinances passed first reading.
Item #11 . Public Hearina & First Readina Ord #7006-02 - Rezoning of property at 1214 Franklin Circle (Lot 5,
Block J, Hibiscus Garden in Section 15, Township 29 South, Range 15 East) (Alplna Investment, Inc.) REZ
2002-05002 PLD
ACTION: Approved. Ordinance passed first reading.
Item #13 - Ord #6981-02 approve text amendments to the Community Development Code to establish the
NelQhborhood Conservation Overlay District for Island Estates.
, ACTION: Ordinance adopted. 3:2 (A,G)
Item #12 - Ord #6980-02 approve a Zonina Atlas Amendment for the Island Estates Neighborhood by
aoplyinQ the Island Estates Neiohborhood Conservation Overlay District as an Overlay District in addition to
the existing Low Medium Density Residential District, Medium Density Residential District, Medium High
Density Residential District, High Density Residential District, Institutional District, and Commercial District for
the'lsland Estates neighborhood.'
,. ACTIO~: Ordinance adopted - 3:2 (A,G)
Action Agenda
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08/22/02
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Item #14 - Ord #6999-02 amendinq Chapter 21, repealing Section 21,04 of the Code of Ordinances reqardinq
fortunetellers, etc.
ACTION: Ordinance adopted.
Item #15 - Ord #7007-02 - approve addinq paraqraph (11) to Chapter 33. Section 33.067 of the Code of
Ordinance adding a new desiqnated slow down minimum wake zone off Windward Island on Island Estates.
ACTION: Ordinance adopted.
Item #16 - Ord #7016-02 amendinq Ordinance 6675-01 related to City of Clearwater Revenue Bonds to be
issued for the Community Sports Complex in order to provide for the use of certain revenues of the City to pay
a portion of the bond debt service requirements.,
ACTION: Ordinance adopted.
Item #17 - Ord #7017-02, amendinq Neiqhborhood and Affordable Housing Advisory Board o..dinance to
, reduce the number of members serving on the board, reduce the number of members necessary for a quorum,
and making other clarifying revisions.
ACTION: Ordinance adopted.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #18-32) - Approved as submitted.
ITEM #18 - Approval of Purchases (& Declaration of Surplus) per Purchasino Memorandum:
1) Purchase high service pumps, transfer pumps, variable frequency drives and pump barrels from Hudson
Pump Co. for $182,725.
2) Service contract with Mastec North America Inc. for installation of gas mains, service lines and taps during
the contract period of October 1, 2002 through September 30, 2003 for $796,685.
3) Service contract with Mastec North American Inc. for installation of underground exterior housepiping
during the contract period of October 1, 2002 through September 30, 2003 for $158,500.
4) Purchase of an upgrade storage area network from Integrated Mass Storage Systems for $60,134.
5) Service contract with Angelo's Aggregate Materials for disposal of materials suitable for recycling,
construction/demolition and yard waste during the contract period of September 20, 2002 through September
3D, 2003 for $600,000.
6) Purchase ZABOCS Models 2B-50o and 28-5200 biological odor control systems from US Filter for
$94,500.
ITEM #19 - Award a contract for "Improvements to Clearwater Airpark. Runwav and Taxiwav 16/34" (01-
0050.AP) to Kleete ContractlnQ, Inc. of Palm Harbor, Florida for the sum of $401,408.29 which is the lowest
responsible bid received In accordance with the plans and specifications. MR
ITEM #20 - Approve a lease aQreement between RSGN. Inc., a Florida Corporation. as Lessor. and the City
of Clearwater, as the Lessee. for the premises located at 1217A N. Ft. Harrison Ave., Clearwater, FL for a
. period of three years commencing on October 1, 2002 and terminating on September 30, 2005, at an annual
rental of $8,400. PO
ITEM #21 - Approve acceptance of FY 2002 Local Law Enforcement Block Grant (LLEBG) fundlnQ for two
years in the amount of $203,782 from the U.S. Department of Justice/Bureau of Justice Assistance. PO
ITEM #22 - Approve the transfer of $26.936.46 received from Clearwater Housino Authority for payment in lieu of
taxes to the Clearwater Homeless Intervention Project. Inc. (CHIP). PO
ITEM #23 - Approve a lease agreement between the Clearwater HouslnQ Authority, known as the Lessor
and the City of Clearwater as Lessee. for the premises located at 2931 Sandlewood Drive, Clearwater, Florida,
for a term of one year commencing August 1, 2002 and terminating on July 31, 2003. PO
ITEM #24 - Approve a contract with Central Florida Used Auto Parts. Inc., a Florida corporation, to purchase
a portion of Section 3, Township 29 South, Range 15 East, as more particularly described in said contract, for
$750,000 plus $60,000 to reimburse Seller for pre-contract environmental site assessment expenses, up to
$4,800 to fund 50% share of 2002 ad valorem taxes, plus estimated boundary survey and closIng expenses of
$3,750 for total estimated acquisition and transaction costs of $818,550. PW
Action Agenda
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08/22/02
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ITEM #25 ~ Approve a contract with Wallace Wade and Earnestine U. Wade. to purchase a portion of their
fee estate and certain temporary and perpetual easement rights In Pine Brook Unit No.2, Block E, Lot 4, for
$10,100 plus estimated survey costs, title insurance fees and closing costs of $1,500, for a total acquisition
amount not to exceed $11,600. PW
ITEM #26 - Approve a contract with Annie 81rt. to purchase a portion of her fee estate and certain temporary
and perpetual easement rights in Pine Brook Unit No.2, Block E, Lot 5, for $10,100 plus estimated survey
costs, tiUe insurance fees and closing costs of $1,500, for a total acquisition amount not to exceed $11,600.
PW
ITEM #27 - Approve a contract with Robert E. and Sara J. KinQ, to purchase Pine Brook Unit No, 2, Block E.
Lot 1 t for $100,000 plus estimated survey costs, title insurance fees and closing costs of $1 ,800, for a total
acquisition amount not to exceed $101,800. PW
ITEM #28 - Approve a work order to Parsons EnqineerlnQ Science. Inc.. an Enqineer of Record, to provide
engineering design and permitting services for the Palmetto Street Sediment Sump for the sum of $71,044.
PW
ITEfYI #29 ~ Approve a work order for enqineerinq desiqn of the North Greenwood Traffic Calmlna Desh:,"
and Construction Administration Services (02-0055-EN) to Wade Trim in the amount of $184,721.96. PW
ITEM #30 - Award a contract for the Grandview Terrace Traffic CalmlnQ and Stormwater Improvements (99~
0023-EN) to MTM Contractor, Inc. in the amount of $618,566.75, which is the lowest responsible bid received in
accordance with plans and specifications. PW ,
ITEM #31 ~ Approve the final plat for "BELLE HARBORI1 located at the northeast corner of Baymont S1. and
Mandalay Ave. on Clearwater Beach. PW
ITEM #32 - Approve release of consent of sale restriction on property known as Atrium buildinQ and retaining
certain restrictions on the transfer of the property. CA
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OTHER ITEMS ON CITY MANAGER REPORT
ITEM #33 - Adopt Resolution No. 02-43 providinq for the sale of not to exceed $15.5 million Revenue Bonds,
to fund a Community Sports Complex. FN
ACTION: Approved as amended. Resolution adopted.
ITEM #34 - Approve the State of Florida Department of Transportation contract renewal for sweeping State
roadways, and adopt Resolution No. 02.39 PW
ACTION: Approved. Resolution adopted.
ITEM #35 ~ Approve an aQreement with the Florida Department of Transportation transferrinQ ownership of
Ft. Harrison Avenue/Drew Street from the state highway system to the city roadway system and transferring
ownership of Myrtle Avenue from the city roadway system to the state highway system, and adopting
Resolution No. 02~35. PW
ACTION: Approved. Resolution adopted.
ITEM #36 ~ Adopt Res. 02-42 authorizing the subordination of an existinq water line easement on the west side
of US 19/5R 55. iust south of SR 60. to the Florida Department of Transportation (FOOT), and approve a
subordination agreement with FOOT. PW
ACTION: Approved. Resolution adopted.
ITEM #37 ~ Other Pendinq Matters - None.
CITY ATTORNEY REPORTS
ITEM #38 - Other City Attornev Items - None.
Action Agenda
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08/22/02
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ITEM #39 - City Manager Verbal Reports
a) Cabana Club Update
ACTION: Update given.
ITEM #40 - Other Commission Actiof}
Hibbard. Grav, and Jonson today attended the grand opening of the downtown Publix, a welcome addition.
HIbbard said today he had attended the ground breaking for Mediterranean Village, a 100 town homes
development downtown. '
Hibbard said he had attended a Pinellas County Safety Counsel meeting and accepted an award on behalf
of the City for the roundabout project at Acacia Circle. Officer Kinchen also was presented an award for
work on a successful seat belt program at Clearwater High.
Grav and Hamilton said the FLC meetings had been educational and offered an opportunity to interact with
other elected officials.
Gray said she had attended a meeting in Jackson Hole, WY as a guest of the Gas Department on behalf of
the Mayor, where CGS Managing Director Chuck Warrington was installed as Chairman of the American
Public Gas Association.
Jonson said limiting C-View programming to broadcasting meetings may save $80,000 annually, not a
million as some citizens have suggested. He felt tne independent productions, such as Blueline CPO, are
valuable to residents.
Jonson recommended a small grant program for neighborhoods be established, offering matching funds.
, Jonson requested information regarding the City's return on Investment for the Tampa Bay Partnership.
Jonson congratulated the City Manager and staff for completion of the Code Compliance Program for City
properties. ' ,
Jonson thanked Florida Power for straightening its light poles on the Memorial Causeway.
Jonson thanked Peoples Bank for locating its street address on its freestanding sign.
Jonson. Hamilton. and AunQst offered Darold Brink (get well) wishes and offered thoughts and prayers to
him and Carolyn.
Hamilton wished residents a Happy Labor Day holiday.
Aunqst reported the Suncoast Safety Council, Inc. had awarded the City first place in the Community
Safety Division. '
Aungst said Commission participation on C~View programs' provides information to the community and Is
not self~serving. He said special programming is an important adjunct to the broadcast of meetings.
Aungst said he had attended a Tampa Bay Leaders Command Update and luncheon at MacDill Air ForGe
Base by invitation of General Holland.
AunQst offered condolences to Duke Tieman on the passing of his mother.
Aungst said he had attended the retirement reception for USF Dean Heller.
ITI:M #41 - Adiournment - 9:44 p.m.
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, Action Agenda
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08/22/02
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CITY OF CLEARWATER
Interdepartmental Correspondence
FROM:
Mayor and Commissioners , 1;t:"
Cyndie Goudeau, City Clerk ~ ~
TO: ,
SUBJECT: Follow up from August 19, 2002 Work Session
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COPIES: William B. Horne, City Manager,
, , DATE: August 20, 2002
In response to questions raised at the August 1 9 Work Session, the following answers are
provided in final agenda order:
It~m' #9 - Amendment to Development Agreement with Clearwater Seashell Resort -
informatio,n regarding parking fund revenue and allocation to beach guards, beach cleaning, etc.
is being prepared.
Item #20 - Lease agreement with RSGN, 1217 A N. Ft. Harrison Avenue - The space
, being leased for the Old Clearwater Bay Substation is approximately 1200sq. ft.
Items #29 - North Greenwood Traffic Calming Design and Construction Administration
Services contract - Estimated design & construction costs for the remaining projects are:
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N. Greenwood- $1,355,000
Skycrest- $1,485,000
Wood Valley- $536,000
Morningslde- $906,000
Greenleal Otten- $787,000
Hillcrest- $612,000
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Regarding acceleration of the other projects; staff will be looking at alternate designs & costs
for the last 5 neighborhoods, then sharing them with the neighborhoods with an estimate of
how it might help their schedule, then report results back to the Commission. This shouldn't
take more than six months, well before any further Commission action is required on ~ny of
the projects.
The conceptual plan for North Greenwood is provided with item.
Item #33 - Resolution 02-43, revenue bonds to fund Community Sports Complex -:
Attachment E is provided with item.
'eRA'informatlon regarding fac;ade grants awarded -
1} Fast Trak Gas Station, 1310 Cleveland Street, $5,000 for landscaping; paid' Aug 2002
2} Dr. Fox, 916 Court Street, $5,000 for landscaping and signage; pending payment
3) Ray Cassano, 631 Cleveland Str~et, $1 ,660 for painting the building; paid Mar 2002
4) Ray Cassano, 628 Cleveland Street, $6,760 for painting the building; paid Jan 2002
Miscellaneous - A question was asked if we had included any grant funding for
neighborhoods in our funding. At this time, staff is not aware of any.
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Clearwater City
Cornmission
Agenda ,Cover
Memorandum
Work session Item #:
3
Final Agenda Item #
8/19/02
Meeting Date: 6/22102
SUBJECT/RECOMMENDATION:
SERVICE AWARDS
o and that the appropriate officIals be authorized to execute some.
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SUMMARY:
Public Utilities
Parks & Recreation
Parks & Recreation
Parks & Recreation
Solid Waste
15 Years
Daniel R. Doyle
Diane A. Fitzgerald
Roger Ouellette
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,'The following employees be presented with service awards for their length of service in the employment of the
City of Clearwater
BACKGROUND:
5 Years
Jare R. Jones
Robert ,W. ,Carpenter
, Timothy A. Keene
James 'G. Jackson
Kenneth L. Cotton
10 Years
" . John G. Pickart
Forrest D. Draxten
J'ulie R. Hudson
Gary D. Gustafson '
Gladys D~ Young
Leah R. Culp
Barbara L. Borgan
Solid Waste
Public Co,mm. & Mktg.
Solid Waste
Police
Parks & Recreation
Library
" General Services
Customer Service
Human Resources
Marine
20 Years
Kenneth M. Schmitt
Clarence A. Calloway'
Cleveland A. Clarke
Charles A. Howard
Fire
Police
Parks & Recreation
Police
25 Years
Fredrick C. Fricke
Police
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Reviewed by: Originating Oept: Costl
Legel , Info Srvc Total
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Budget, PUbIlC~ User Dept. FundIng Source:
-
Purchasing DCM/A ' Current FV CI
Risk Mgmt -
Other Attachmenta OP
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Other
Submlttod by: "F3itI ~-q~ o None
City Manager r- ApproDrlatlon Code:
o Pnnled on recycled paper Rev.
2/9&
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AGENDA
08/22/02
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ITEM #
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Final Agonda ltomil:
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Clcarwatcr City Commission
Agcnda Cover Mcmorandum
Work sosslon Itorn #:
Mooting Dato:
06-22-02
SUBJECT/RECOMMENDATION:
Declare as surplus for the purpose of offering for sale and advertising for net bid amount of not less than
$70,000, HARVEY PARK SUB., Bleck B; Lots 1 through 12 Inclusive, to the highest bidder meeting the following
criteria: Bidder. shall be a development team having a minimum of 10 years development experience In
affordable single-family residential lnfill housing; bidder shall be a non-profit corporation In good standing
'specializing In housing construction; bidder shall develop the property for single family residential home
ownership; bidder shall screen potential homebuyers to ensure they are eligible for State and Federal assistance
,If such funding will be used by the bidder; bidder shall guarantee that the maximum sales price for each
completed residential dwell1ng shall not exceed $120,000; and. If State and Federal funds are used in the project.
bidder mu~f commence construction by not later than March 1, 2003 and guarantee to complete the project by
, not later than March 1, 2005.
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SUMMARY:
. The City owned property located at HARVEY PARK Subdivision was purchased in 1997. The desire was
to eventually develop the property for affordable housing purposes.
. The property Is currently zoned commercial and will need to be rezoned to residential. The City is
planning on starting this process within the next month. This process will take approximately four to six
months. If the rezoning process Is still underway when the property is transferred to the subsequent
owner, the City will list the new owner on the rezoning application as a co-applicant.
. It Is anticipated that approximately 4-6 residential infilllots will be derived as a result of the rezoning.
. The City has developed the criteria listed above in the Recommendation section so that we can be '
assured that whatever entity bids on the property it will be developed for our intended purposes. The
above criteria allows the City to offer the property to those organizations that have the capacity and
experience to develop the property for affordable housing purposes.
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. The minimum bid amount Is supported by a May 1, 2002 appraisal performed by James Millspaugh, MAl,
valuing the subject property In that amount.
Reviewed by:
Legal ~
Budget NA
Info Srvc
,. Originating Dopt: 0 J Costs
NA Public Works '}'l1 Total
Usor Dopt.
Econ. Oov. & Housing
\"\
~ Current FY
NA
Purchasing NA
RIsk Mgmt NA
DCMlACM
Econ. Dav. &
Housing
Funding Soureo:
Attachmonts: Locator Map
CI
OP
Other
Submitted by:
City Managor 13iJJ ~ fj j
Appropriation Code:
Printed on recycled paper S: Pwp on PWl1/EnglnlWord/Agunda/Tloga CC Ago 082202.doc '
Rev. 2/98
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LOCATOR MAP
HARVEY PARK SUB., Blk B, Lots 1-12
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~ Clearwater
u
Interoffice C:orrcsflondence Sheet
, MEMORANDU'M
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DATE:
August 12, 2002
TO:
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Mayor Aungst, Vice-Mayor Gray, and Conunissioners,
Hibbard, Jonson, and Hamilton /1/ /~
Ralph Stone, Assistant City ManagJ~ '
, , ' /
Bill Hotne, City Manager
, Garry Brumback, Assistant City Manager
FROM: .
, 'I' ,
RE:..
Update on North and South Beach Parking
At the July 18, 2002 Commission meeting, the Administration was directed to continue
due diligence and negotiations on the three proposals for North and South Beach parking
presented to the Commission. The following summarizes our pn,gress to date:
Pelican Walk Site
Directly following the July 18 Commission meeting, staff ordered a detailed parking
demand analysis for the North Beach area. Chance Management Advisors, the firnl that
conducted the feasibility study for the Pelican Walk garage, will begin data collection
work on August 16 through 19. The finn will gather infonnation again over the Labor
Day holiday weekend (the peak period). The City should receive a draft report by
September 30, 2002.
Staff met with'Mr. Anastasopoulos, the owner of the Pelican Walk shopping center and
parking lot, and his attorney on July 23,2002 to discuss two issues: '
, (1) The length of time the owner is willing to hold aUf position on the property
while the City conducts its due diligence on the project including receiving
updatcd parking demand figures and discussing bond preparations; and
(2) The alternatives available for dealing with the 101 parking spaces associated
with the existing Pelican Walk retail.
Subsequent to this meeting, staff met with bond counsel to discuss the funding options
associated with the proposed garage.
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Marriott Seasne/llnterim Parking Lot
The UMarriott Seashell" developers submitted their sitc plan und proposal to the City to
develop a temporary surface parking lot consisting of 155 spaces on their currcnt site.
The amendment to the Devclopment Agreemcnt, which includes site plan approval tor
the interim surface purking lot, will go before the Community Devclopmcnt Board on
August 20, 2002. This itcm is also a Commission Agenda Item and is described in more
detail in the cover memorandum and Planning stuff report.
.' '
After the Commission meeting, staff met with the developer to refine the temlS of the
deal to reflect the concerns expressed by the Commission related to the current City
rights of way that may be vacated and the 'value of the units from the Resort Unit Bonus
Pool. Staff negotiated the following ternlS to the Amendment to the Development
Agreement:
(1) The interim surfaceparking lot will be leased to the City for $2,500 per space
per year, paid on a monthly basis ($31,667 /month), and supported by 152 out
of 155 spaces proposed; and
(2) The agreeme'nt obligates the City to purchase the property at fair market value
of up to $6,000,000, determined by an appraisal, if construction of the resort
hotel does not commence by March I, 2006. Specifically, the tcmlS of the
appraisal will reflect the higher of (1) the highest and best use of the property
at the time of appraisal; or (2) the value of the property with the existing
. buildings which include 65 units at thc time of execution of the development,
agreement. This method of appraising the property does not include the value
added to the project by thc bonus pool (185 units) or the rights of way
belonging to the City (Third Street and the 35 feet of South Gulfview) at this
time. Two appraisers, retained by the City, will conduct the appraisals. In the
event that the appraisals differ by more than 20%, a third appraiser wiII select
, among the two appraisals the one that most accurately reflects the fair market
value ofthe property. ,;
Howell's South Beach Proposal
In response to the Commission's directive, Dr. Howell submitted two proposals for
consideration for a parking solution on South Beach. Dr. Howell met with Staff on
August 9, 2002 to discuss the points of the two proposals. 1n both proposals, the City
,would purchase the land assemblcd by the developer and construct a surface parking lot.
Both proposals include detailed financial figures (see attached) in which the City uses
tax-exempt bonds to pay for the purchase of the land and construction of the surface
parking lot. Lastly, both proposals indicate a positive cash now in the first year givcn
full parking demand based on average revenues currcntly being generated on the Beach.
The first proposal encompasses approximately 99,000 square feet between Hamden and
Coronado (see attached for map and financial description). The property is bounded on
the north near Brightwater (excludes the property owner on Brightwater), extends south
along Coronado and Harnden to Bayside Drive, and 'includes the vacution of Fifth Street.
The total land purchase price for this property is '$8,624,950. Excluding the 13,200
square feet of the Fifth Street right of way, the purchase price is estimated at $100 per
square foot. Dr. Howell estimates that the property can support approximately 275
2
surface parking spaces. At $31000 per space per year, the parking lot can generate
$825,000 in revenue that can cover operating and maintenance expenses estimated at
$821,934. Cash flow to the City in the first year is therefore $3,065.
'The second proposal encompasses approximately 73,000 square feet on the southern
block between Hamden and Coronado (see attached for map and financial description).
The property is bounded by Fifth Street to the north, includes half of the Fifth Street right
of way, and extends southward to the, intersection of Ham den and Coronado excluding ,
one property owner on Coronado. The total land purchase price for this property is
$6,206,950. Excluding the 6,600 square feet of half of the Fifth Street right of way, the
purchase price is estimated at $93 per square foot. Dr. Howell estimates that the property
can support approximately 206 surface parking spaces. At $3,000 per space per year, the
parking lot can generate $618,000 in revenue that can cover operating and maintenance
expenses ($500 per space) estimated at $604,680. Cash flow to the City in the first.year
is therefore $13,320.. ,
Recommendation
Pelican Walk Site
Administratiori will continue negotiating with the Pelican Walk owner in order to develop
'a contract to purchase the property. Staffwill also update the demand analysis and
develop funding alternatives to bring back to the City Commission for approval.
Seashell Site
Administration recommends the approval 'of the interim parking lot and development
, agreement amendment for the Seashell site. The City Commission will review this action
as a separate agenda item associated with the development agreement amendment.
Howell Site(s)
Dr. Howell has submitted two additional alternatives that are less costly than previous
proposals, but still would require '"up front" expenditure of approximately $8.6 million or
$6.2 million, respectively. Concerns exist regarding the demand (and associated
revenues) for,parking in this area, particularly if Beach Walk is not funded or if the
Seashell interim parking or Seashell long term parking is developed.
Administration recommends continucd ncgotiation with Dr. Howell regarding this area to
detcrmine if alternatives can be defined that would both reduce the City's front end costs
and provide more confidence regarding the revenue potentinl of this area.
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BUDGET PROPOSAL SURFACE PARKING
HOWELL 275 PARKING SPACES
INCOME TO CITY
275 Parking Spaces X $3000 per space per year $
TOTAL INCOME ( source City of Clearwater staff and Parsons report) $
Current
Year One
825,000.00
825,000.00
EXPENSES
MAINTENANCE 275 Parking spaces X $500 per space per year
TOTAL (source City of Clearwater staff)
NOI
PROJECTED PAYMENT POSSIBILITIES
PAYMENT Principle,lnterest,bond costs, 5% bond, 30 yr
Net profit to City f\t. current parking rates
Factors provided by City of Clearwater
Finance Office Director
$ 137,500.00
$ 137,500.00
$ 687,500.00
$ 584,434.90
$ 3,065.10
EXPENSES = Cost of land, demolition, & construction of spaces
, Developer Overhead, Expenses and Fee
TOTAL COSTS
$ 9,639,049.88
$ 350,000.00
$ 9,989,049.88
W.B.S.
Code
City of Clearwater
::osts of Demolition and Construction
Budget
SOFT COSTS:
LAND' PURCHASE:
$ 5,000.00
$ 12,000.00'
$ 1,500.00
$ 8,000.00
$ 3;200.00
$ 25,000.00
$ 5,000.00
'$ 42,000.00
J
$ 101.700.00
$ 8,624,950.00
Design Costs
Site planning engineering
Engineering, Surveying, utilities
Phase one Audit Services
Building Permits & Fees
Impact F eas '
GeoTech I Environmental
Closing Cost, Purchase
TOTAL SOFT COSTS:
HARD COSTS:
Bdgt v Actl13101
Page 1
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W.B.S. City of Clearwater
Code' ::05ts of Demolition and Construction
GENERAL CONDITIONS:
1007 Construction Administration '
1025 Project Identification
1028 Clean Up
1500 Temporary Fencing
1511 Temporary Telephone
, 1530 Construction Silt Barriers & Enclosures
1893 Project Manager
1934 Plan Reproduction
TOTAL GENERAL CONDITIONS
SITEWORK:
, 2110 Clearing & Grubbing
Demolition of Structures (12)
2200 Earthwork
2514 Asphalt Paving (Aggregate Base)
, Striping & Curb stops & signs
2700 Site Utilities Relocation
2720 Storm Drainage
Utilities I Drainage I Fill
2900, Landscaping'
TOTAL SITE WORK:
ELECTRICAL:
, 16100 Electrical
TOTAL ELECTRICAL:
$
$
$
$
$
$
$
$
$
$
$
$
94149 $
$
$
$
$
$
$
$
$
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TOTAL SOFT. COSTS
TOTAL GENERAL CONDITIONS
LAND ASSEMBELAGE PURCHASE
TOTAL HARD COST
SUBTOTAL
SIX MONTHS INTEREST EXPENSE @ 5%
TOTAL
Budget
12,000.00
500.00
2,500.00
1 )000.00
300.00
1,500.00
24.000.00
, 200.00
42,000.00
102,000.00
6,000.00
235,372.50
8)025.00
5.000.00
12,000.00
,10)000.00
8,000.00
386,397.50,
25,000.00
25,000.00
$ 101,700.00
$ 42,000.00
$ 8,624,950.00
$ 411,397.50
$ 9,180,047.50
$ 459,002.38
$ 9,639,049.88
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Bdgt v Actl13101
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BUDGET PROPOSAL SURFACE PARKING
HOWELL 206 PARKING SPACES
INCOME TO CITY
206 Parking Spaces X $3000 per space per year $
TOTAL INCOME ( source City of Clearwater staff and Parsons report) $
Current
Year One
618,000.00
618,000.00
EXPENSES
MAINTENANCE 206 Parking spaces X $500 per space per year
TOTAL (source City of Clearwater staff)
NOI
PROJECTED PAYMENT POSSIBILITIES
PAYMENT Pri~ciple,lnterest,bond, costs, 5% bond, 30 yr
Net profi~ to City at current parking rates
Factors provided by City of Clearwater
Finance Office Director
$ 103,000.00
$ 103,000.00
$ 515,000.00
$ 501,680.43
$ 13,319.57
EXPENSES = Cost of land, demolition, & construction of spaces
Developer Overhead, Expenses and Fee
TOTAL COSTS
$ 7,021,822.60
$ 300,000.00
$ 7,321,822.50
W.B.5.
< Code,
City of Clearwater
::osts of Demolition and Construction
Budget
'SOFT COSTS:
LAND PURCHASE:
$ 5,000.00
$ 12,000.00
$ 1,500.00
$ 6,000.00
$ 3,200.00
$ 25,000.00
$ 5,000.00
$ 42,000.00
$ 99,700.00
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$ 6,206,950.00 '
Design Costs
Site planning engineering
Engineering, Surveying, utilities
Phase one Audit Services
Building' Permits & Fees
Impact Fees
GeoTech I Environmental
Closing Cost, Purchase
TOTAL SOFT COSTS:
HARD COSTS:
Bdgt v Actl13101
Pogo ~
W.B.S. City of Clearwater Budget
Code ::osts of Demolition and Construction
GENERAL CONDITIONS:
1007 Construction Administration $ 12,000.00 i
I
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1025 Project Identification $ 500.00
1028 Clean Up , $ 2,500.00
1500 Temporary Fencing $ 1,000.00
1511 Temporary Telephone $ 300.00
1530 Construction Silt Barriers & Enclosures $ 1,500.00
1893 Project Manager $ 24,000.00
1934 Plan Reproduction $ 200.00
TOTAL GENERAL CONDITIONS $ 42,000.00
SITEWORK:
2110 Clearing & Grubbing $
Demolition of Structures (12) $ 87,000.00
2200 Earthwork $ 6,000.00
251~ Asphalt Paving (Aggregate Base) 73440 $ 183,600.00
Striping & Curb stops & signs $ 7,200.00
2700 Site Utilities Relocation $ 5,000.00
2720 Storm Drainage $ 12,000.00
Utilities I Drainage I Fill $ 10,000.00
2900 Landscaping $ 8,000.00
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, .TOTAL SITE WORK: $ 318,800.00
ELECTRICAL: .'
16100 Electrical $ 20.000.00 ,
TOTAL ELECTRICAL: $ 20.000.00 ,
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TOTAL SOFT COSTS $ 99.700.00
TOTAL GENERAL CONDITIONS $ 42.000.00
LAND ASSEMBELAGE PURCHASE $ 6.206.950.00
TOTAL HARD COST $ 338,800.00
SUBTOTAL $ 6.687,450.00
SIX MONTHS'INTEREST EXPENSE @ 5% $ 334.372.50
TOTAL $ 7.021.822.50
Bdgt v Actl13101
Page 2
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Clearwater City
Comnlission
Agenda Cover
Memorandum
SUBJECT/ItECOMMENIlATION: Review und approval of tin amendmcnt to the Development Agreemcnt
betwccl1the Clearwater Seashell Rcsort LC and the City of Clearwatcr which provides for the interim use of the property
as a public parking lot~ extends the time fnllllcs for both the hotel project and intcrim project; provides lease terms for the
parking lot; udds a provision requiring the City to purchase the property under certain conditions; authorizes staff to
establish a ncw capital improvement project to purchase the site for up to $6 million; and approves an interfund loan of
$2 million from the Central Insurance Fund and $2 million from the General Fund and commits $2 million of the retained
earnings of the Parking Fund to total $6 million of the cstimated project cost,
Wurk~c~sjlln Hem II:
Final Agenda Item 1/
J?1J2L
CJ
Mceling Dalc:
8/22/02
lEI and thallhc appropriate officials he authorized to exccute sume,
SUMMARY:
.. ,The subject site is 1.63 acres located on both thc north and south sides of Third Street, between South Gulfview
Boulevard and Coronado Avenue. It is located within the catalytic project area defined by Beach by Design and
is a priority candidate for redevelopment on Clearwater Beach. The Community Development Board (COB)
approved a site plan for this site on February 20, 2001, which included a 250-room, full-service, resort hotel with
750-spacc parking garage (350 spaces for the hOlel and 400 spaces open to the public). The Board also reviewed
and recommended approval of a Development Agrecment between the City and developer, at the same meeting.
· The original Development Agreement, adopted by the City Commission on March 1, 2001, includes the
following major developer commitments: J) construction of improvements and participation in the financing of
South Gulfview Boulevard to create Beach Walk (between First Street nnd the South Beach pavilion; 2)
dedication of 10 feet of right-of-way along Coronado Drive; and 3) availability of 400 parking spaces in the
private garage for public use.
· Construction of the hotel has yet to commence, b~cause of unexpected litigation and a negative economic climate
(due in part to acts of terrorism). The applicant submitted a request to extend the time frames for development
and to allow un interim project until the resort hotel is construcled. At its July J8, 20Q2 meeting, the Commission
directed Staff to proceed with discussions with the applicant on the interim use uf the site subject to modification
of the Development Agreement.
· The major changes to the Development Agreement include the following: l
1) Proiect Time Extension: The agreement proposes to extend the time period for compliance with the street
vacation ordinance for 18 months to March, 2006. The agreement also proposes to extend the time for
commencing construction on the hotel project by 4 years from March, 2002 to March. 2006.
2) Interim Proiect Use: The site may be used for an interim period (until March 2006) as a 155-space
surface parking lot, until a resort hotcl is built on the property.
3) Construction Period: The parking lot must be built within 12 months of Development Agreement and
site plan approval.
4) Lease Terms: The terms provide that the "turn key" lot will be constructed by the developer and leased
to the City for $2,500 per space per year. This will be paid on a ,monthly basis ($31 ,667/month). The
lease cost is based on a total of 152 spaces. Estimated operating costs for lhe first year are $85,310 or
$533 per space.
Hevlewf.'d by: .:1 Orlglllllting DeJll: Costs
l.egul .f Jlt Plnnnl..!; Usn Fierce
Info Srye Tolnl
Budgel tii:- Puhlic Works User nellt. EClllIOlulc De\'. ~ Funding Source:
Purchasing DCM/ACM Public Works 1<(\ I Current FY Ct
Risk Mgml N/A Other Alluchnu:llts OP
cun Sturr Ueluirt Other
SubmItted by: 'Bat ~"A- o None
City Malinger -- - A J Jrtllrlullon Code:
Itq;;~.......,;". ~.~ I ~~ -" .-..-- .--
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5) . Buy-out ObliClItion: The agreermmt obligntes the City to purchnsethe 'property at fair market vulue of up
to S6.000.000 (depending on appruisal), should construction of the hold not commence by Murch I,
2006. In the original'ugrccmcnt, the City had the option to buy the property under specific coriditions. '
6) ~liion of Resort Room Pool: The City shull consider extcnding the length of time that the resort room
pool is availablc. Beach by De.figtl establishcd the Icngth of the room pool as five years from June 6,
2001, the effective dutc of the plan, at which time thc pool would be eliminated whether or not there arc
un allocated rooms. Extending the room pool would require the consent of the Pinellas Planning Council
and Board of County Commissioners through an mncndment to Beach by Desigu, the adopted special
plan.
Funding for the potential "buyout" of the site would be available through different sources including the Parking
Fund ($2 million), internal loan from the 'Central Insurance Fund ($2 million) and internal loan from General
Fund ($2 million). A first quarter budget amendment would establish a new capital improvement project ,in the
amount of $6 million (as transferred from the Parking Fund). Of this, $2 million represents an allocation from
the retained cumings of the Parking Fund and the balance of $4 million representing the loans from the Central
Insurance Fund and General Fund of $2 million each. Payment 011 the loan will be made September 30 of each
year at the cash pool interest earnings rate. The loans will be interest only until such time as:
1. The City is relieved from the obligation to purchase the properly at which time the loans will be repaid in
full and the project closed, or
2. Upon purchase of the property. If the property is purchased and remains a parking facility, the principal
amount of the loans will be repaid at a rate able to be supported by the revenues of the parking facility. It
is estimated that 'this could take up to 15 years at 5% interest. If the property is resold to another
developer. the loans will be repaid from the proceeds of the sale.
This action will reduce the General Fund reserves by $2 million until such time as the loan is repaid. This would
reduce the General Fund reserves in the 2002-03 budget to $1 million over the 8% policy or $600,OOQ'over the
,proposed 8.5% 'policy. '
Atime extension for the approval of the site plan for the hotel development was granted on February 19.2002 by
the COB. ,The approved extension was for one year with the result that the site plan will expire on February 20,
2003. To preserve the development of the site plan as contemplated by the Development Agreement, a code
amendment will be necessary to provid~ for a second time extension
The Community Development Board is scheduled to review the proposed Development Agreement amendment
and the related flexible site plan request at its August 20, 2002 meeting. The Planning Department will report the
recommendation of the Board at the Commission's public hearing.
TI~e complete proposed Development Agreement is on file utthe City Clerk's office.
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COB MeeUng Date:
Case Number:
Agenda Item:
August 20. 2002
DA Ol~Ol~Ol (amended)
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CITY OF CLEAR\V A TER
PLANNING DEPARTiVIENT
STAFF REPORT
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BACKGROUND INFORMATION:
APPLICANT:
Clearwater Seashell Resort, LC
LOCA TION:
301 South Gulfview Boulevard
REQUEST:
Review of, and recommendation to the City Commission on, an
amended Development Agreement between' C]canvater Seashell
Resort LC and the City of Clearwater which provides for the interim
use of the property as a public parking lot, provides lease terms and
adds a provision requiring the City to purchase the property under
certain conditions.
,.
ANAL YSIS:
The rectangular, 1.63-acre' site is l~cated on the east side of South Gulfview Boulevard,
approximately 400 feet south of First Street. The area is intensely developed with predominantly
commercial uses including restaurants, motels, hotels and retail sales and service. Single-:-family
dwellings exist to the east and a City~owned parking lot is located across Gulfview Boulevard to
the west. The area along South Gulfview Boulevard and Coronado Drive is characterized by
older, modest hotels and motels and retail businesses within mid-rise buildings. The site is located
within the Beach ,Walk District of the Beach by Design Plan.
The site consists of two properties that have been developed with ovemight accommodations
(Glass House Motel and Beach Place Motel at 229 and 301 South Gulfview Boulevard,
respectively). The motel buildings were built between 1941 and 1956 and contain a total of 65
rooms. All existing structures will be razed as part of t~e redevelopment of the site as a 250-room,
full-service resort hotel with 750-spacc parking garage. Within the garage, 400 spaces are to be
available to the public.
"
Ten feet of right~of~way along Coronado Drive will be dedicated us part of the approved site plan.
The plan includes a'portion of the eastern half ohhe South Gulfvicw Boulevard right-of-way and
Third Street right-of~way betwcen South Gulfvicw Boulevurd and Coronado Drive. Third Street, a
60-foot wide right-of~waYt bifurcates the site from east to west. Both portions of the rights-or-way
were conditionally vacated by' the City Commission in May, 200 I.
Sluff Report - Comtnunily Devclopmclll Bourd - August 20. 2002 - Case DA 01-01-01 (amended) ,
Pugc I
The proposal includes the implementation of the beach walk improvements as outlined in Beach
by Design. South Gulfview Boulevard will be relocated farther west as part of a serpentine. beach
walk design. Its new configuration will include a two-way, two-lane road section and pedestrian
way and bicycle path.
At its February 20,2001 meeting, the Community Development Board (CDB) approved a Flexible
Developmcnt application (FL 01-01-01) for a resort hotcl and parking garage for this site. Of the
500 available units in the Beach by Design density pool, 185 were granted for use as part of that
application. The Board also recommended approval of a Development Agreement (DA Ol~OI-Ol)
that was subsequently approved by the City Commission on March 1,2001. A time extension
request for the :flexible Development (site plan) application was approved by the CDB on
February 20. 2002. It will expire on February 20, 2003. To preserve the development of the site
plan, a code amendment will be necessary to provide for a second time extension. An amendment
to Beach By Design may be necessary, should the hotcl pool units for this project not be used by
March, 2006. The pool expires in June. 2006.
The proposal also includes a companion request of a Flexible Development application for a 155-
space, public parking lot as an interim use. (Refer to companion case FLD 02-04-12.)
Amended Developmcnt Agl'cement Request
The approved Development Agreement sets forth public/private obligations. The City continues to
recognize the economic and aesthetic benefits that will result from private development. The
applicant also recognizes the benefit of public improvements that directly affect the marketability
of the project and the character of the general area surrounding the project.
The approved Development Agreement requires the applicant to construct a minimum 250-room
hotel and 750-space parJdng garage with 400 spaces available for public use. In addition. the
applicant will provide "upfront" financing for the Beachwalk project and relocated South
Gulfview Boulevard. generally between the south beach concession structure and First Street. and
,dedication of 10 feet of right-of-way along Coronado Drive. The City will process the vacation
requests of both of the applicable portions of Third Street and South Gulfview Boulevard. provide
units from the resort units bonus pool, and reimburse the applicant for public improvements from
the additional ad valorem revenue and other public revenues generated by the project beyond the
existing revenue levels. '
Construction of the hotel has yet to commence, because of unexpected litigation and a negative
economic climate (due in part to ncts of terrorism). At its July 18.2002 meeting, the Commission
directed Staff to proceed with discussions with the npplicant on the interim use of the site subject
to modification of the Development Agreement.'
The applicant has proposed several chunges to the existing Development Agreement. At the heart
is the development of a 155-space parking lot to be locilted on the subject site. The parking lot
wiII b~ built by the applicant and lensed to and operuled by the City for a peliad not to exceed four
years. The major changes to the Development Agreement include the following:
Stuff Report - Community Development Board - AUgllSl 20, 2002 - Case DA 01-0 )-0 I (nmcnded)
Page 2 ' ,
J) Projcct' Time Extcnsion: The ugl'ccment proposes to e:<lcnd the time period for
compliance with the street vacution ordinance for 18 months to Murch, 2006. The
agrcement also proposes to extcnd the timc for commencing constl1lction on the
hotcl project by four years from March. 2002 to Murch, 2006:
2) Interim Project Use: The site may be uscd for nn interim period (until March 2006)
as a 155-spnce surface parking lot, until a rcsort hotcl is built on the property;
3j Construction Period: The parking lot must bc built within 12 months of
Development Agreement and site plan approval;
4) Lease Terms: The tenns provide that the IItum key" lot wW be constructed by the
developer and leased to the City for $2,500 per space per year. This will be paid on
a monthly basis ($31,667/month). The lease cost could be supported based on a
total of 152 spaces. Estimated operating costs for the first year arc $85,310 or $533
per space;
5) 'Buy-out Obligation: The agreement obligates the City to purchase the propcrty at
fair market value of up to $6,000,000 (depending on appraisal), should construction
of the hotel not commence by March I, 2006. In the original agreement, the City
had the option to buy the property under specific conditions; and
6) Extension of Resort Room Density Pool: The City shall consider extending the,
length of time the resOIt room pool is available. The Beach by Design plan limits
the use of the pool for five years starting on June 6, 2001, the effective date of the
plan. By June '6, 2006, the pool would be eliminated whether or not there are
un allocated rooms. Extending the room pool would require the consent of the
Pinellas Planning Council and Board of County Commissioners through an
amendment to Beach by Design.
Funding for the potential "buyout" of the site would be available through different sources'
including' the Parking Fund ($2 million), internal loan from the Central Insurance Fund ($2
million) and internal loan from General Fund ($2 million). A first quarter budget amendment
would establish a new, capital improvement project in the amount of $6 million (as transferred
from the Parking Fund). Of this, $2 million represents an allocation from the retained earnings of
the Parking Fund and the balance of $4 million representing the loans from the Central Insurance
Fund and General Fund of $2 million each. Payment on the loan will be made September 30 of
each year at the cash pool interest earnings rate. The loans will be interest only until such time as:
1. The City is relieved from the obligation to purchase the property at which time the
loans will be repaid in full and the project closed, or
'2. Upon purchase of the property. If the property is purchased and remains a parking
f.acility, the principal amount or the loans will be repaid at a rate able to be sup-
ported by the revenues of the parking facility. It is estimated that this could tuke lip
to 15 years ut 5% interest. If the property is resold to another dcveloper, the loans
will be repaid from ~he proceeds of the salc.
This action will reduce the Geneml Fund reserves by $2 million until such time as the loan is
repaid. This would reduce the Gencral Fund rcserves in the 2002-03 budget to $1 million over the
8% policy or $600,000 over the proposed 8.5% policy.
Sluff Report - Communily Developmenl Board - August 20,2002 - Case DA 0 l-O t.o l (l1l1\emlcd)
Page 3
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n... ___ __________
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,The City Commission may cnter, into devclopmcnt agreements to cncour,age n stronger
commitment on comprehcnsive and capital facilities plaiming, ensure thc'provision of adequate
public' facilities for development, encourage the efficient use of rcsourcesJ and reduce the
, economic cost bf developmcnt. The Community Development Board is required to review the
proposed Development Agrcement and make a recommendation to the City Commission. The
Commission will review the request at its August 22. 2002 meeting.
j I
SUMMARY AND RECOMMENDATION:
The application and supporting materials were reviewed by the Development Review Committee-
on May 16J 2002. The Planning Department recommends APPROVAL of the amcndment to the
Development Agreement for the site at 301 South Gulfview Boulevard. with the following bases:
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, 'Bases for approval:
1. The proposal furthers the goals established in special area plan governing the beachJ Beach by
Design. including the elimination of modest hotels on the beach and creating a more, attractive
'place for residents ,and visitors. '
2; , The proposed interim use provides desired parking near the beach and enhances the viability of
" the resort community. ' '
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Prepared by: Planning Department Staff: - 1/'\.--'.' n. .... '''-'. -., -..
, Mark T. ParryJ Planner
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A TfACH1V1ENTS:
Aerial Photograph of Site an~ Vicinity
Location Map
Zoning Atlas ~ap
Application
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S:\PltlllIlil/g Departme'lr\C D Mev. AgrrCl/h!/lr\Gulfvie,w JOI ST,\FF HE/'ORT /l.c1nc
, Staff Report - Community Development Boord - August 20. 2002 - Case DA Ol.OI.ql (amended)
Page 4
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C/cS11vater Seashell Resort L C
301 South Gulfv.icw Boulevard
FL 02-04-12
DA 01-01-01
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CITY OF Cl.EARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
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J FLEXIBLE DEVELOPMENT REQUEST
~ AL NA YEM INTERN A TIONAL .INC. FL 02- 04-12
t OWNERS: CITY OF CLEARWA TEA CASE: DA 01-01-01
CLEARWATER SEASHELL RESORT L.C.
SITE: 301 SOUTH GULF VIEW BOULEV ARC I PROPERTY SIZE (ACRES): 1.63
PIN: 07/29/Hi/62380/000/0570
07/29/15/05928/00010010
ATLAS 276A
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EXISTING SURROUNDING USES
;. OWNERS: At NA VEM INTERNATIONAL ,INC. FL 02.04-12
CITY OF CLEARW A TEA CASE: DA 01M 01- 01
CL..EARW A TEA SEASHELL RESORT L.C.
i SITE: 301 SOUTH GUlFVIEW 80ULEVA~OPERTY SIZE (ACRES): 1.63
PIN: 07129/16/62360/000/0670
.. , 07/291f5/05928/000/0D10
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I ATLAS 216A
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JULI, (JLD t
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,LEASE
THIS LEASE AGREEMENT, made nnd entered into this _ day of August,
2002, by and between CLEARWATER SEASHELL RESORT, L.C., u Florida limited
liability company, hereinafter referred to as "Lessor", and THE CITY OF CLEARWATER,
FLORIDA, a Florida municipal corporation, hereinafter refen'cd to as "Lcs'see".
WIT N E SSE T Ii:
, In consideration of the mutual covenants herein exchanged, the monies advunced '
and, other good and valuable considerations, Lessor does hereby lease tn Lessee and Lessee does
hereby lease from Lessor the following real property in Pinellas County, Florida, described in the
attached 'Exhibit II N', including the interim parking facilities thereon to be constructed.
. The parties agree that the terms and conditions of the Lease are as follows: '
1. Term. This Lcase shall have a tcrm commencing upon
issuance of the CCl1i ticuLe of Completion for the Parki ng Lot fSepteFRber 1. 200:!}.
and ending . March 30, 2006. Notwithstanding the foregoing, the parties
agree and stipulate that Lessor may terminate this Lease at anytime with 90 days notice in
writing to Lessee, in advance of the termination datc. This right of termination is specifically
bargained for between the parties.
2. . Rent. Rent for the term of this Lease shall be payable monthly, tegether
with applicable State sales taK 'thereon, commencing on the 1st day of the month following
issuance of a Certificate of Completion of the parking facilities constructed on the Exhibit "A"
property, and on the 1st day of each successive month thereafter, in advance, in 'accordance with
the rent schedule attached hereto and made a,pllrt hereeHs Exhibit "B". Rent for the partial
month prior to such initial rental payment shull be pro-rated and paid separately by Lessee to '
Lessor, if any. Lessee shall pay to Lessor the last monthls rent of THirty nino Thousand Five
Hundred and 00/100 ($39,500.00) Dollars. eontemt*ffilfleously with execution her'Cof. Such
ad','anced rent is an estimated amount, and such payment shall be applied to the- amounts found
to be actually due for last month hereef: Monthly rent for the term of the Lease shall be the
,product of 152 (which represent!>; the actual number of spaces minus hall' of Lhe handicapped
lilh.1ces) times $2.500 di vidcd by 12. (152*2500/12 =31.666.(6). Lessor !>;hall be responsible for
all i'tpplicuble taxes including ad valorem taxes.
3. Rental Payments. All payml~nts required hereunder shall be paid to the
Lessor at 28059 U.S. Highway 19 N0:'th, Suite lOe. Clearwuter. Florida 33761, or in such other
reasonable manner as Lcs~or sn~i1 prescribL.
4. Use of Premises. The premises shall be used by Lessee as a municipal
parking lot and for such other purposes as shall be estublished in the Modified Development
Agreement executed between the parties. Lessor reserves the right and Lessee specifically
consents to Lessor's placement on the subject property of tcmporury signuge indicating that the
subject property constitutes a future project development site with contact information, as well us
replacement announcemcnt signagc. which may rcpluce tile initiul signuge. at such time as
Lessor has issued notice of termination of this Lcuse to Lessee.
.5. Condition of Premises. Thc Lessee may not make uny improvements on
the premises, without the express advance written consent of Lessor. which shall not be
unreasonably withheld. Both parties acknowledge that at execution hereof, such parking
, ~acilities are yet to be constructed, and that the same shall be constructed at Lessor's expense and
, provided to Lessee in a "tum key" m~nner, excepti'ng only acquisition and installation of meter
. heads or similar facilities and/or equipment, the same to be provided at Lessee's expense. and
removed and retained by Lessee at conclusion hereof.
6. Maintenance Responsibilities.
A. During the term of the Leasc; Lessor shall be responsible for
maintenance as follows:
None.
B. During the term of the Lease, Lessee shall be responsible for
maintenance as follows: Lessee shall keep the parking lot swept and maintained in good order;
with all insurance coverages in force. '
7. Quiet Enjoyment. Subject to Lessee's full compliance hereunder; Lessor
shall do nothing to interfere with Lessee's quiet enjoyment of the property. provided, however; ,
that Lessor shall not be required to do anything not specified in this Lease to permit Lessee to
have such quiet enjoyment.
8. Utilities. Lessee shall be responsible for the cost of all utilities, from and
after commencement of rent.
9. Liens. Lessee shall not allow any liens to be imposed on the property, and
the Lessor may satisfy aB liens imposed within thirty (3D) days after notice of such liens is
recorded in the appropriate public office and either add such cost to the rental; or to the sales
price of the property, or terminate the Lease, or require Lessee by appropriate legal action to
indemnify Lessor.
10, Real Estate Tuxes. Lessor shall pay the ad valorem real property taxes on
the property.
11. Indemnification. Suhiccltn the sovereign immunity limits set forth in
Florida Statute 768.28. Lessl!c shull defcnd and indemnify Lessor unci hold Lessor hl!rmlcss for
iniuries or t1amuges incun'cd hy unyone OJ' the propcI1y of unyone uttrihutcd to the use or the
2
lensed property, Such itidcmnity shall include nil cnst~ or claims incurred by LessOJ' by reason or
stich damagcs or iniuries or claims madc 10.01' upon Lessor, including reasonahle nltorncy's fees,
~UFY, Lessee shal-l-be solely re~sibte-for [III injufie5-eHlamHges incurred by
anyone or to the property of anyone-tflat-ffi-a&y-Way-Eiln be ullributed to the use of the leased
property. eveR-if weh is not the fault of Lessee, alld-slffill indemnify LessoHer all costs oF-eJai-ms
incurred by Lessor by reason of such damages or injuries or cluims mude-to, or upon bes~:or,
iileluding reasonable attorneys fees. Lessee shull provide and pay-f-or tenanl's insunmce policy
v/ith liability coverage of at least One MillioR and 00/100 ($1,000,000.00) Dollars. Hnd shall
name Lessor as an additional insured. Such polie;,-shall be mainliitAea-daring the term hereof in
full force and effect, and a copy shall be provided to Lessor. '
12. Insurllncc. Lessee will providc lettel' of self-insurance for the leased
premises subiectlo the tcrms sel forth by Lessee's Risk Management Denartmcnt.
13~. AssignmenUSublease. Lessee may not assign, sublease, or in any way
convey its interest in all or any part of this Lease to anyone or any firm, corporation. society, or
persons without the prior consent in writing by Lessor, which consent shall not be unreasonably
, withheld.
H.~. Insolvenc,)' of Tenant. Bankruptcy, assignment for the benefit of
creditors, or any similar aClion by Lessee shall immediately terminate this Lease.
15M. Waste. Lessee shall maintain the property in good repair at all times and
shall permit no waste of the property. and shall promptly notify Lessor of required repairs when
needed.
l..QM. Default. Should the Lessee fail to pay the rent or any other charges
arising under the Lease promptly as stipulated; or voluntary or involuntary bankruptcy
proceedings be commenced by or against Lessee; or should Lessee make an assignment for the
benefit of creditors, then, in any of the said events. Lessee shall be ipso facto in default and
Lessor may demand the rent for the whole unexpired term of the Lease or proceed one or more
times for past due installments without prejudicing his rights to proceed later for the rent for the
then unexpired term.
Provided that in case any rent shall be due and unpaid or if defnult shall be
made in any of the covenants herein contained, or if said premises shall be abandoned, deserted.
or vacated, then it shall be lawful for the said Lessor, his agents, attorneys, successors or assigns
to re~enter, repossess the said premises and the Lessee and each and every occupant to remove
and put out. and upon re-entry as aforesaid this Lease shall terminate. In the event of re-entry by
the Lessor as herein provided Lessee shall be liable in damages to said Lessor for all loss
sustained.
The failure of Lessor to insist upon the strict performunce of the terms,
covenants. agreemcnts and conditions herein contained, Of any of them shull not be construed us '
a waiver or relinquishmcnt of the Lessor's right thcreafter to cnforce any such term. covenants,
agreement or condition but they shall continue in full force and effect.
3
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, '16. Notices. All notices, dr-munds, by either party shull be in writing und sent
by registered or certified mail, postage prepaid, return receipt requested or by courier services, or
by hand delivery to the office for eaeh party indicated below and addressed as follows:
(n)
If to Lessor:
Clciu-wnter Seashell Res0l1, LLC
748 Broadway, Suite 202
Dunedin, Florida 34698
Attn: Richard Gehring
With Copies to: ,
, William J. Kimpton, Esquire ,
Kimpton, Burke &Bobenhausen, P.A.
28059 U.S. Highway 19 North, #100
Clearwater, FL 33761
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(b)
If to Lessee:
City of Clearwater, Florida
112 S. Osceola Avenue
Clearwater, FL 33756
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, With Copies to:
Pam Akins, Esquire
Clearwater City Attorney
112 S. Osceola Avenue
Clearwater, FL 33756 '
I ' '
, , 17... Enforcement. Should either party be required to enforce the provisions of
, this Agreement, by litigation or otherwise, then the prevailing party, together with any award or
judgment, shall be entitled to all of the costs incurred incident to said enforcement, including
reasonable attorney's fees, whether at trial or appellate levels or otherwise.'
18. Binding Agreement. This Agreement shall constitute the entire
Agreement between the parties and shall bind their respective heirs, successors and assigns. No
amendments or modifications hereof shall be given effect unless in writing and signed by both
Buyer and Seller. This Agreement supersedes any prior agreements betweery the parties hereto.
,'19. Gender. Wherever used herein, the use of the singular number shall
include the plural, and the plural the singular, the use of any gender shall include all genders.
IN WITNESS WHEREOF, the parties have hereunto set their hands nnd seals the
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day and year first h,ereinabove written.
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ItLESSORIt
, CLEARW ATER SEASHELL RESORTt L.C.t
, u Florida Iim'itcd liability company ,
, ,By
William J. Kimpton. Managing Mel~nber
(COMPANY SEAL)
"LESSEEII
CITY OF CLEARW A TERt FLORIDAt a
Florida municipal cOfporation.
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PLD t
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FIRST AMENDED AND RESTATED DEVELOPMENTAGREEMENT FOR
, PROPERTY
INTHE
CITY OF OLEARWATER
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between
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THE CITY OF CLEARWATER, FLORIDA,
and
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CLEARWATER SEASHELL RESORT, L.C.
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Dated as of
I 2002March 13.2001
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TABLE OF CONTENTS
ARTICLE 1. '
DEFINITIONS ,,,....,"".,,.,,......................,.........................,.,..,.............,.,........................,.................t........," 2
Section 1.01
Section 1.02
Section 1.03
ARTICLE 2.
Definltlons III......... ......................... 141............... ................ '"............ ,................ ..... .,." II 1.1 1"1 ~ ,........... ...........1....".' 2
Use of Words and Phrases...................................."".......................................+............ 4
Florlda Statutes ........... .............,.. .......... .It..... ,..................... ......... ft... ........ II .... II"""; ~.++...... 4..1 t.. II......... 4
PURPOSE, PROPOSAL
AND DESCRIPTION OF PROJECT ...,.................................................."'...~......,,......................... 4
Section 2.01
Section 2.02
Section 2.03
Section 2.04
Finding of ,JubHc BenefIt and Purpose ...._.4'......IoI....h.....oII~...Uu.........n.......""....."....... 4
Purpose of Agreement.",,,,,,,,,,,,,.. .............. ........ ...... ... ..... ,.. ,... ..,..,... ""..... ............ .."'................... 5
Scope of Project .......... ............. ....'........... .................... ..... .........'" ~'.. .... .... .............,. ............... ......... 5
CooperatlC?" of the Parties ....................................11.'.._...,.............................................,...., 7
ARTICLE 3.
REGULATORY PROCESS ..........................................................................,........................... 7
Section 3.01
Section 3.02
Section 3.03
La'nd Development RegulatIons ............ ..................,...... .... ............ ........., _ ...... .11................... 7
Development Approvals and Permits .....................u..u..............u............u.................. B
Concurrency... .......,..... ............ ........ ..... ..... ,... ,.......:. ........................ ....,...... ... ................ ....... 9
ARTICLE 4.
PLANS ~ND SPECIFICATIONS ........,..,...,.................,_...........................................,............. 10
Section 4.01
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PROJECT DEVELOPMENT ............................................................:....................,......................,..... 10
Preparation of Plans and Specifications.............................................................. 10
ARTICLE 5.
Section 5.01
Section 5.02
Section 5.03
Section 5.04
Section 5.05
Ownersl,lp of Project Site ...........u..............~................u................;....................................... 10
ProJect Site ...... ...................................., ....... ....,. .................. ,., ",... ...... ...... ....... ... ...,. ,..... ....,. 10
City Option to PurchasB................................................................................................,............... 11
Clty=s Obligations ................. .............. .......... ........ ..,.. ............ ,..I-..+.......~...... ...... ...... ..., ,.....,..... ..... 11
Obligations of the Developer ......................".........................................0loi1...........,............... 14
ARTICLE 6.
PROJECT FINANCING ......"................,....................................."..,............................................,.. 1 B
Section 6.01
Section 6.02
. Section 6.03
Notice of Project Financing to City ....................,.t..t.t.........~...........n.........."'........u... 1 B
Copy of Default Notice to City ................_..............,...................,..................................... '8
City Option to Pay Mortgage Debt or Purchase ProJect...................................... 19
ARTICLE 7.
CONSTRUCTION ..................t.......~............................,...........,.....,............................+..........."..,.......,.. 20
Section 7.01
Section 7.02
Site Wark ................................... .... ...... .... '.:"4'1' .,. ...... ..,.. ........". ,.... .~.. .........,...... .."....... ...". ~ 20
Construction ..................... ...... ... ........... .... ................ ....,....",....... ,.... .,.. ............,., .............. ...... 20
Section 7..03 Construction Completion Certificate ...........U..~..,...................................................,..,",.......uu 22
Section 7.04 City not In Privity ............................,..,.......'.,.......III1t....,.................................,..........,.,......23
Section 7.05 Construction Sequencing and Staging Area ..........'............................................. 23
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ARTICLE 8.
INDEMNIFICATION .......11...'."'............__..,.,.......,."'............,.,............,......~........................."..,.,........ 24
Section 8.01
Section 8.02
Indemnification by the Developer '..101..........."',............................................................... 24
IndemnlflcaUon by the City....,.. _...... u...... .....u I..........., .... .................. ........... .............n~....1iI 25
First Amended,Developmont Agreemont
ADOPTED
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Section' 8.03
Llrnitatlon of IndemnlUcatlon ................... .++t+...u.~...............,....................'''.u.u......u.. 25
ARTICLE 9.
REPRESENTATIONS, WARRANTIES AND COVENANTS OF
THE DEVELOPER .................................................................................................,..................."....................... 26
Section 9.01
Section 9.02
RepresentatIons and Warranties ...........,......... u... ...",.......... ........ .....n.. u. ............... 26
Covenants.... ......... ...... .......... ..........., ,......... .............. ......... ........ .....,... ................ ......... .,..... 28
ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF
THE CITY .....................,.............................................................,.......~.......................,............................... 29
Section 10.01
Section 10.02'
Representations and WarranUes '..,,',..................~:...,............'II.........,.......u.................. 29
Covenants.... ................. ..... ,....,..... ................ ..... 'T............. .......... ................. ........... ,.......... ........ 30
ARTICLE 11. CONDITIONS PRECEDENT .........................................................,............................................................ 31
Sectlon 11.01
'Section 11.02
Section 11.03
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The Developer Acquirlng Project Site........n...~....~........................."..iIiI.u......,...,,,..,...u.. 31
Construction of Project ...,........ ............,.., .............................., ...... .It......'.. ............... .~............. 32
ARTICLE 12.
DEFAULT; TERMINATION ................................................,.......................................,......."...................... 32
Responsibilities of the Parties for Conditions Precedent..................................... 32
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Section 12.01
Section 12.02
Section 12.03
Section 12.04
Section 12.05
~ection 12.06
Project Default by the Developer ....oII......n....n......u..........n...............n....n...~.............. 32
Default by the City .",......................,.,.........................,......,................,................,.......,.,.... 34
Obligations, RIghts and Remedies Cumulative ................................................... 35
Non~Action on Failure to Observe Provisions of this
Agreement,. ~ .................. .............................., .......... ... ........ ,.... ..... ............ ,. .......... .............. ...... 36
Termination.. .............. ...... ..",.,.... .........,..,........ ....... ....... .~. ....." ............. ....."... ....... ............... 36
Termination Certificate ............., .,.....1-..... .................... :... ... ........... ,........ ....,.......~... ............. 37
ARTICLE 13.
RIGHT .TO CONTEST ...................................................,...........,.....~.......,~.................................,',... 38
Section 13.01
,Section 13.02 '
Right to Contest.. ,........, ,.. ... ....... ........ ..,.,........ .... ............. ........ ,....,.... .... ....... .... .,...... 38
Conditions I........ ......... .....".... ,.,....,...~........ ................ ........... ............. ..... .,.... ........ ...., ..... 38
ARTICLE 14.
ARBITRATION .............t......................................................,...........................",..................................... 39
Section 14.01
Section 14.02
Section '14.03
Section 14.04
Section 14.05
Section 14.06
Section 14.07
Section 14.08
'Section 14.09
Section 14.10
Agreement to Arbitrate ,....... ............."".......................,. ....................... ,.. ........... "........ 39
Appointment of Arbitrators ..,... ................ ......... ......... .....,..... ................. .....".,.. ............,' ........ 39
General Procedures....... ... ... ........ ....., ..... ...... .......... "........... ............, "............ .... ~ ............ ..... 40
Majority Rule ..... ............, ........;... .................. ............ ......... .........,. .......... ........, ............ ~.... ..... "~'I 40
Replacement of Arbitrator............. ~....... ........",.... ................... ....,...... ......,........ ,........ ...... 40
Decision of Arbltrators .......... ,........".......... ... ..,. ....... ......... .....,..,. ......... ~...... ......, ....,.,...... 41
Expense of Arbltratlon """" ........ ........,.. ..................... ,.,......,., ................. .....,..... ........... ......... 41
Accelerated Arbitration ........... ..... .......... ............ ............ .,..... ,.... ............,. ........." ......... t........,.. 41
Applicable Law........:................................ ........ ".,.,.. ....,.~.". ..... ,..........., .................. ...,..... ..... 41
Arbltratlon Proceedings and Records........,,,,........................,,..,...............................,.,...... 42
ARTICLE 15.
UNAVOIDABLE DELAY ".,................~...............................~~..........,............",.........,...................... 42
Unavoidable Delay..............,...,................................""............".....""......................."",........... 42
Section 15.01
First Amonded Development Agreement
ADOPTED '
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ARTICLE 16.
RESTRICTIONS ON USE ....,",.,.,'~..i11Ii...........,..............i..........,..,.....,....'......~.:,.......'.i........iI...., 43
Section 16.01
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Project.... I......... Ii.. ~ "'" I.".... ................"...... ........".. ......, ,... Ii;........ ....~,....... ..,........,..,........ ....... II 43
ARTICLE 17.
FIRE OR OTHER CASUAL TV; CONOEMNATION.......~............................................... 44
Section 17.01
Section 17.02
SectIon 17.03
Section 17.04
Section 17.05
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Loss or Damage to Project ............................................................................................ 44
PartIal Loss or Damage to ProJ9ctuu.u...,..U........h..n....'......H~................................... 44
Project Insurance Proceeds ..... ............ '" "........ ........... ......., ........ ,Ii"" .u~..... ............ 44
NoUes of Loss or Damage to Project..............................."'...................,.,......u.....III.III......... 45
Condemnation of Project or Project Site; Application '
of Proceeds "............... 4 .........................~. ........... ...... ................ ,...... ................ ....~. ...."..., ........ ............... 45
ARTICLE 10.
MiSCELLANEOUS....................................................,.......................................,................................ .45
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Section 18.01
Section 18.02
Section 18.03
Section 18.04
Section 18.05
Section 18.06
Section 18.07
Sectlon'18.08
Section 18.09
Section 18.10
, Section 18.11
Section 18.12
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Assignments .......... ................." .,.... ............ .............. .......... ...... ............... ...... ............. ....~....It- 45
Successors and Assigns... ;...... ........ ............ .......... ............ ~....... ............ .....4.. ....... ......:...... .... 46
Notrces ....... ................... ..11.' ........................ ...................... ....,..... ......... ................. ...... ,.,........ 46
Applicable Law and, Construction ................uu.u......~...n.............,..uu...........n...:..n 47
Venue; Submission to JurJsdicUon.........u.......................................................................47
Estoppel Certificates ................... ................... ............ ........ .... .......... .'...... .............. ..... ...... ............. 48
Complete Agreement; Amendments .........................................................................++++ 48
Captions ...... .............. ........",......,.... .:,... .... ............. ..... .......... ..........., .... .... ........... ...... .................. 49
Holidays:...... ..................................... ..... ...,.......... .,.......... ,......, ...........; ........: ..~............ ...... 49
Exhibits ..................."... .,................. ....... ........... ................, .......... .............., ....,.... ............. ......... 49
No Brokers .......... ..... ........................;. ....,............ ........... .......... ,......,. .... .1-" ..... ..... .....,...... 49
Not an Agent of City~..................~,.,..........,...........,....................................,t...................~......'... 49
First Amended Development Agreement
ADOPTED, ' '
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Page III
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EXHIBI1:S
Legal Descrrptlon of. Controlled Property I.........U...IU....'..,...............,......,;............................In.........u,,,..'~.;.I.U'......U A,
Project Description ....., ." ",.""",. ...................... ..... ..~.,. II '.......... Ii II .....41. I' II II ,. ...... II ........ II ..... ....... II...... .... I" ..It..... i.... ,....:'... ........ 8
Project Site.". .........~...t............,..... ......... ........ 1111 ..... II II.............. II ....It...... I II I."" II.... II II...... II... I,U II II II..... I............ II.. .....,. " In............., ...... C
Project and Interim Prolect Development Schedule ................................a......'.....u............""...,u+..."..........u...u........ D.
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Covenant Tr~p Generation Manag~ment Program' ,...........,.......,.....,....,."...................,....,...u....~u..............;..... E
Covenant Regarding Hurrlcane Watch Closure .............,...,,,,,,........,,.,....,,.....................u,....u.........a....................,... F
, ,
> Lls.t o~ Required Permits & Approvals ,,,;...........,.............,,,.,....;,................,,.........................,"t...........u~..............II...G
Public Improvements ................, ,... .,....,..,..... ...... ...........,. ,.,..,~.,...... "...... ...... ..... .11.... ............", ....... ........ ,.. ..... ......,.", H
','
AppralsB:.llnstructlon s . .......... II.. .11..........." ....."", .... ........ ~........,' ......................",.......... t t ..... ...,...........,....,..."...~. ~"".''''. "...
Cafe Se~ting ... ................... ............. .1-... .................". I.... .,..'...... .....:.......' ........ ,.. ......." .",..,. ......... ~...... .........., ....... ........... ..~J
Coyenant of Unified Use ........... .................. ,. ,....., .""".,.. ....... .,....""", "'" ,.... .... ....., '.'."" ... ......... ........ .... ... ...... ....... ,.... K
L1~ense Agreem'ent
...............,",.,.,...,.................~.,....'.II.'..........................".....".........................,.....",....,...,..."~,,...L
I ntarim Pro] act............. ................., ............",.,.""" ....... .....,......., ..... ,.....,...".,..,...". ,....... ............. ......... .............. ........ ,...~ M
Lease Agreement .....~ ......... ......... ........... .....",... .......~,',' ......... ......... ....", ",... ........~ .......... t..... ............. ....... ... ......,..... ....:. N
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WHEREAS, the City and Developer entered into a Development
Agreement for development of real property in the City of Clearwater dated
March 13, 2001 ("AareementU):
WHEREAS, the Aareement contained a prereaulsite of adoption of
modification to the Comprehensive Plans for the City and for Pinellas County
("Plan Modifications") which have been undertaken and approved:
WHEREAS, it is necessary to enter into this First Amended and Restated
Development Aqreement in order to remove conditions which have been met.
provide for the interim parkina, extend the time frames for Development of the
Proiect. and provide for purchase of the Proiect Site hv the City:
WHEREAS, the anticipated proiect described in the AQreement has not
been commenced. by virtue of a turn down in the economic condition for the
tourist industry. acts of terrorism and war. and further by Iitiaation undertaken by
an adioining property owner. such matters beinq recognized by the City as
temporarily delaYing commencement of the Proiect:
WHEREAS. the Developer has presented to the City herewith an interim
plan for development of the Proiect site as surface parking which will extend the
development opportunity and further benefit the City in implementation of Beach
Bv Desian:
WHEREAS. the City has conducted public hearings as required by ~ 4-
206 and 4-606 of the Community Development Code:
WHEREAS. at a duly called public meetina on August 22. 2002. the City
Commission approved this First Amendment to the Aqreement and authorized
and directed its execution by the appropriate officials of the City:
WHEREAS. implementation of the interim plan as development of the
Proiect site as a temporary parking lot ("lnterim Development Plan") would aive
the City the option of Qoing forward with the proposed desiqn, permitting and
construction of Beach Walk. in accordance with the overall tlmeline established
for completion of the Memorial Causeway Bridge and Mandalay improvements,
, all of which are currentlv under construction:
WHEREAS. approval of the Interim Development Plan is in the interests of
the City in furtherance of the City's goals of enhancing the viability of the resort
community and furtherance of the obiectives of Beach Bv Design: and
WHEREAS, the members of Clearwater Seashell Resort, L.C. have
approved this First Amended Agreement and has authorized certain individuals
to execute this First Amended Agreement on its behalf;
First Amended Development Agreement
ADOPTED
Page 3
'This First Amended Agreement for Development of Property (the IlAgreement't) is
, made as of this _ day of , 2002 March) 20Q.;t., by and between
THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the
"City.t), and CLEARWATER SEASHELL RESORT, L.C., a Florida limited liability
, company (the "Developer").
WITNESSETH:
WHEREAS, the City of Clearwater has embarked on a community
revitalization effort for Clearwater Beach;
WHEREAS, one of the major elements of the Citis revitalization effort is a
preliminary design for the revitalization of Clearwater Beach entitled Beach by
'Design; ,
WHEREAS, Beach by Design identifies a need for additional public
parking on Clearwater Beach;
WHEREAS, Beach by Design calls for the removal and replacement of
surface parking spaces located to the west of South Gulfview to the south of Pier
60 Park;
WHEREAS, the City has adopted Beach by Design pursuant to the
Pinellas Planning Council's Rules in support of the City's Comprehensive Plan;
WHEREASt Clearwater Seashell Resort, L.C. proposes has proposed to
develop a mixed use project on certain property fronting on South Gulfview (the
I1project Site") and has proposed to include at least seven hundred and fifty (750)
parking spaces of which at least four hundred (400) spaces shall be open to the
public;
WHEREAS. it is necessary that the City take certain actions in order to
make it possible for Clearwater Seashell Resort, L.C. to develop the Project Site
In accordance with the goals and objectives of Beach by Design;
WHEREAS, the City has conducted such hearings as are required by and
in accordance with Chapter 163.3220 F. S. and applicable law;
WHEREASt the City has determined that as of the Effective Date of this
Agreement, the proposed development is consistent with the City's
Comprehensive Plan and Land Development Regulations;
WHEREAS, at a duly called public meeting on March 1,2001, the City
Commission approved the this Agreement, and authorizod and dk'octod Its
oxocution by tho appropriato officialc of tho City;
First Amended Development Agreement
ADOPTED
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NOW, THEREFORE, In consideration of the mutual promises and
, covenants contained herein. the parties hereby agree as follows:
ARTICLE 1. DEFINITIONS.
1.01. Definitions. The' terms defined in this Article 1 shall have the following
'meanings except as herein otherwise expressly provided:
1. ItAgreement" means this First Amended and Restated Agreement for
Development of Property including any Exhibits and any amendments thereto.
2. "Beach by Design I' or IIPlanll means the strategic redevelopment plan for
,Clearwater Beach dated 2001 which was adopted. by the City Commission
pursuant to the provisions of the Pine lias County Planning Councils Rules for the
designation of a Community Redevelopment District.
3. IICity!1 me~ns the City of Clearwater, Florida, a Florida municipal corporation.
4. "City Commission" means the governing body of the City.
5. IICommencement Datell means the date on which Developer commences or
causes
a Contractor to commence construction (see Section 5.05(12)}.
6. "Completion Datell means the date on which tile last certificate of occupancy
required for the Project is issued.
7. UConstruction Completionll means the date a Construction Completion
Certificate is issued (see Section 7.03).
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8. "Controlled Propertyll means those properties within the Project Site which
, have been purchased bv or are subject to a purchase contract In favor of the
,Developer or an affiliate or nominee on the Effective Date of this Agreement (see
Section' 5.01) which are more particularly described in the legal description set
out in Exhibit A to this Agreement.
9. IlDeveloper" means, for the purposes of this Agreement, Clearwater Seashell
Resort, Le. and its successors and assigns as provided In Article 18.
10. IIEffectlve Datell, means the date of approval and execution of the tRi&
Development Agreement.
11. uExhlbitsU means those agreements, diagrams, drawings, specifications,
Instruments, forms of Instruments, and other documents attached horoto and
designated as exhibits to, and incorporated in and made a part of, the tRia
First Amended Development Agreement
ADOPTED
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Development Agreement dated March 13. 2001. All such exhibits are hereby
Incorporated bv referenced as exhibits hereto.
12. "Garage Access Improvements" means the pedestrian overpass, landing,
arcade, elevated sidewalk. and facilities to provide concessions along the
, western facade of the Project which are proposed in conjunction with the
development of at least four hundred (400) parking spaces as a part of the
Project which are to be available to the general public and to be owned by the
City. as ,more particularly described on Exhibits Hand L.
13. "Interim Proiect" means a surface parkinQ lot as provided in Exhibit.
14 +3. IlMeeting Space" means any building floor area which can be used in
conjunction with conference or meeting activities.
15 44. "Net Cost of South Gulfview and Beach Walk Improvements" means the
total cost of the improvements, including debt service, fees, and return on equity,
net of: a) any impact fee credits credited against the cost of the improvementsi, '
and b) any other funding made available by or through the City which are not
generated by the Project.
.1Q 4-6. IINet increase in taxesll means that increase in revenues above the
amount, in either municipal ad valorem taxes or utility taxes paid by the owner of
the Controlled Property as of the Effective Date of this Agreement.
'17 +e. "Permits" means all land development approvals and consents required to
be granted, awarded, issued, or, given by any governmental authority in order for
construction of the Project, or any part thereof, to commence, continue or be
completed.
18 +7. "Plans and Specifications" means. as to each part of the Project to be
~eveloped, the site plan for the Project to be developed, filed with the City as
required by the Land Development Regulations for the purpose of review and
approval.
jJ! 4-8. "Projecr' means, collectively. the concept of development for a resort hotel
proposed by the Developer as described in Section 2.03(1) of this Agreement
and the preliminary plans which are attached hereto as Exhibit B.
20 4-9. "Project Site" means the land area generally bounded by the western
edge of the right-of-way of Coronado Street, on the north by the southern
boundary of the Golden Sands Motel property, sometimes referred to as the
nSpyglass propertyn, on the south by the northern boundary of the property
popularly known as the "Legends property," and on the west by the centerline of
South Gulfview, which is more particularly described and depicted' on Exhibit C
(see Section 5.02).
First Amended Development Agreement
ADOPTED
Page 5
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~ 20. "South Gulfvlew and, Beach Walk Improvements" means the proposed
,realignment of South Gulfview and the construction at a thirty-five (35) foot wide
promenade, a fifteen (15) foot bicycle/sl<ating path, a fifteen (15) foot beachfront
pedestrian path,' fifty (50) paid surface parking spaces and associated
landscaping from 'the northern edge of the right-of-way of First Street to a line
which represents an extension of the southern wall of the South Beach Pavilion
eastward to the eastern boundary of the existing right-of-way of South Gulfview,
as more particularly shown on Exhibit H.
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22 a:t-. "Termination Date" means the date a termination certificate is issued
pursuant to Article ,12.
23 aa. IlTermination tor Cause" means a termination which results from an
uncured, material breach of the Agreement.
24 a3. "Unavoldable Delay" means a delay as described in Article 15 hereof.
25 24. ''Vacation of 'Rights-of-Way" means the abandonment of the right-at-way
of Third Street 'between the right-at-way of Coronado and the centerline of the
existing right- at-way of South Gulfvlew and the,eastern half of the existing right-
of-way of South Gulfview within the Project Site by the City in favor of Developer,
in order that the goals and objectives of the Comprehensive Plan may be better
accomplished.
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1.02~ Use of Words and Phrases. Words at the masculine gender shall be
da'emed and construed to include correlative words of the feminine and neuter
genders. Unless the context shall otherwise indIcate, the singular shall include
the plural as well as the singular number, and the word "person" shall include
corporations and associations, limited liability corporations and partnerships,
including, public bodies, as well as natural persons.' "Herein," "hereby,1l
"hereunder," "hereof,1l "hereinbefore," Ilhereinafter" and other equivalent words
refer to this Agreement and not solely to the particular portion thereof in which
any such word is used.
1.03. Florida Statutes. All references herein to Florida Statutes are to Florida
Statutes (2000), as amended from time to time.
ARTICLE 2. PURPOSE AND DESCRIPTION OF PROJECT.
2.01. Finding of Public Purpose and Benefit. The proposed Project, including
the acquisition of the Controlled Property by the Developer and the design,
construction, completion and operation of the Project, and each part thereof, Is
hereby found by the parties hereto: (1) to be consistent with and In furtherance of
the objectives of the Comprehensive Plan of the City of Clearwater, (2) to
conform to the provisions of Florida law, (3) to be in the best interests of the
First Amended Development Agreement
ADOPTED
poge 6
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citizens of the City, (4) to further the purposes and objectives of the City, (5) to
further the public interest on Clearwater Beach, and (6) to Implement Beach by
Design for South Gultview, including the removal of parking from the dry sand
beach, Implementation of the South Gulfview and Beach Walk Improvements and
, the Garage Access Improvements to be constructed as a part of the Project.
2.02. Purpose of Agreement. The purpose of this Agreement is to further the
implementation of Beach, by Design by providing for the development of the
Project Site and the construction of certain public Improvements, all to enhance
the quality of life, increase employment and Improve the aesthetic and useful
enjoyment of Clearwater Beach and the City, all in accordance with, and in
furtherance of the Comprehensive Plan of the City of ClealWater and as
authorized by and in accordance with the provisions of Florida law.
2.03. Scope of the Project.
"
1. The Project shall only include public parking, private parking, resort
hotel and retail uses and appropriate accessory uses and shall be
developed in substantial conformity, with the preliminary plans of
development which are attached as Exhibit B. WRen all requirod apprGYals
iRGlOOing dosignation of tThe Project Site is as a IICommunity
Redevelopment District,"' pursuant to the Pinellas County Planning
Council's Rules which authorizes an increase in hCJtel unit density
pursuant to the provisions of Beach by Design;. havo been grantod by the
appropfiato' authoritiee pursuant to appllcablo law, tThe intensity of
permitted use on the Project Site shall be:
Public parking -at least 400 spaces
Private parking -at least 350 spaces
Hotel- 250 units including up to 20,000 square feet of Meeting
Space
Retail -not more than 50,000 square feet of floor area
If tho chango dOGcribed in Section 3.01 (2) is not 3ppro'lod purcu::mt to aU
applicable rulee, rogulationc and lawe and a Community Rodevolol*MRt
Distriot hotel density bonus program is not establisRod, the City 3nd'
Develepor 3groe to \t.lork tegether In geed faith to agree en an,
eoonomically viable alternative develop mont, which ehal! includo :1t a
minimum 400 parking spaces to be~availablo to th . ,
tRe-ohange described in Sectien 3.01 (2) is-m>t approved and tho City and
the--ae'lelopor cannet agroo' on aA-GOOA9fAlcally viablo altornative
devolopment. tho City and the Developer agree to negotlato a salo
Flrlt Amended Development Agreement
ADOPTED
Page 7
whereby tho City may buy tho COAtrolled Property at fair market value, to
be ostabllshed by an appraisal process. Tho appraisals shall be
conducted by-two~ (2) appraisers rotained by tho City. Ono of the
appraisers shall bo selected from a list of qualified appraisers Guem~
the City by tho DOYGtopor. In tho o'.'ent that tho two (2) appraisals :ue
within twenty porcent (20%) of each othoFr--tho fair market valuo &h3U-ee
the average of tho two (2) appraisals. In tho evont that tho appraisals differ
by more than twenty percent (20%), the two appraisors shall solect a third
appraiser from tAo City's master list of qualifiod appraisers, including the
Ust-sblbmitted by tho Doveloper, and the thi~1 select among
the t\\'o (2) appraisalG which in tho opifliGn of tho third appraiser most
'aGcurately reprosentG tho f3.ir market value of the propefly.:.
, 2. Nothing shall preclude the Developer from developing or operating all or
portions of the Project elements using any ownership format permitted
under Florida Statutes including individual ownership formats.
3. Up to twenty-five: percent (25%) of the hotel units may be suites with
kitchens, including all typical kitchen equipment and amenities.
, 4. Notwithstanding' any other provision of this Agreement, no occupancy in
excess of thirty (30) days' per stay shall be permitted in any unit which is
developed as a part of the Project.
,5. As a condition of the allocation of bonus hotel units pursuant to the
designation of, Clearwater Beach as a Community Redevelopment District
pursuant to the Pinellas County Planning Council's Rules, the Developer
shall comply with each of the standards established in Beach by Design,
including:
a. The resort hotel which is a part of the Project shall provide a full
range of on and off site, amenities for the guests of the resort,
,including a full service restaurant, room service, valet parking.
exercise facilities, pool, and meeting areas and access to boating,
fishing and golf off- site. Off site amenities may be provided through
a concierge service.
b. The resort hotel which is a part of the Project shall be operated as a
Marriott Resort or other comparable national or international"flag"
or brand or as part of another comparable marketing affiliation or
program which will ensure the repositioning of Clearwater Beach as
a national and international resort destination.
c. 'Prior to the issuance of a certificate of occupancy for the resort
hotel which is a part of the Project, the Developer shall record a
covenant and restriction which is enforceable by the City,
First Amended Development Agreement
ADOPTED
Page 8
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substantially in accordance with Exhibit E, limiting the use and
operation of the resort, which is enforceable by the City, obligating
the Developer to develop, implement and operate, at all times when
the resort hotel is open, a Trip Generation Management Program
which shall Include the provision of non-private automobile access
to and from the resort which shall Include at least an airport shuttle
and resort-provided transportation to off-site amenities and
attractions.
d. Prior to the issuance of a building permit authorizing the
construction of the resort hotel units, the. Developer shall record a
covenant and restriction which is enforceable by the City,
substantially in accordance with Exhibit F, on the use and operation
of the resort, which is enforceable by the City, that obligates the
Developer to close and vacate all persons (except for emergency
personnel required to secure and protect the facilities) from the
resort hotel within twelve (12) hours after the issuance of a
hurricane watch by the National Hurricane Center which includes
Clearwater Beach. '
6. Interim Proiect Prior to the development of the Proiect. the Developer
is authorized to construct an Interim Proiect consistina of a surface parking lot
under the terms and conditions described herein.
2.04. Cooperation of the Parties. The City and the Developer recognize that the
successful development of the Project and each component thereof is dependent
upon the continued cooperation of the City and the Developer, and each agrees
that It shall act in a reasonable manner hereunder, provide the other party with
complete and updated information from time to time, with respect to the
conditions such party is responsible for satisfying hereunder and make its good
faith reasonable efforts to ensure that such cooperation is continuous, the
purposes of this Agreement are carried out to the full extent contemplated hereby
and'the Project is designed, constructed, completed and operated as provided
herein. '
ARTICLE 3. REGULATORY PROCESS.
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, 3.01. Land Development RegulatIons.
1. Land Use Designation. The Project, Site Is designated Tourist
District in the City's land Development Regulations.
2. Amendments to Comprehensive Plan & Land Development
Regulations. The City has ~raes to initiate an amended
amendment to the Comprehensive Plan of the City of Clearwater to
First Amended Development Agreement
ADOPTED
Page 9
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update lfle-..PtaA to recognize the Goals and Objectives set forth in
Beach by Design and has to tako all steps necessary te designateg
Clearwater Beach as a Community Redevelopment District in
accordance with Beach by Design pursuant to Pine lias County
Planning Council Rules; and, in tho 0'.'9nt this designation is
obtained, the City sRall initiate appropriate proceedings to allocateg
an additional one hundred eighty-five (185) hotel units, for a total of
two hundred fifty (250) hotel units to the Project Site in accordance
with applicable law.
3.02 Development Approvals and Permits.
1. ,Applications for Development Approval. The Developer shall prepare and
submit to the appropriate governmental authorities, including the City,
applications for approval of all plans and specifications necessary for the
Project, and shall bear all costs of preparing such applications, applying
for and obtaining such permits, including payment of any and all
applicable application, inspection, regulatory and impact fees or charges,
subject to the provisions of Section 5.05(5). The City shall, to the extent
possible, expedite review of all applications,mGklGiRg foundation permits.
A list of all permits and approvals required to implement the provisions of
this Agreement is attached as Exhibit G. The failure of this Agreement to
address a particular permit, condition. or term of restriction shall not
relieve the Developer of the necessity of complying with the law governing
said permitting requirements, conditions, terms or restrictions.
2. Schedule. A Project Development Schedule is attached to this Agreement
as Exhibit 0 that identifies specific tasks to be completed through the
entire Project, starting with tha-iEsuanco of a foundation pormit and
installation of pilings. Adherence to tho schedule 'Nil! enablo tho Doveloper
to document a continuous construction projoct to the State of Floriam
3. City Cooperation and Assistance. The City shall cooperate with the,
Developer in obtaining all necessary Permits required for the construction,
completion and opening for business of the Project. If requested by the
Developer and authorized by law, the City will join in any application for
any Permit, or, alternatively, recommend to and urge any governmental
authority that such Permit or Permits be issued or approved.
4. City Authoritv Preserved. The City's duties" obligations, or responsibilities
under any section of this Agreement. specifically Including, but not limited
to, this Section 3.02, shall not affect, the City's right, duty. obligation,
authority and power to act in its governmental or regulatory capacity in
accordance with applicable Jaws. ordinances. codes or other building
regulations. Notwithstanding any other provision' of this Agreement, any
required permitting, licensing or other reC'Jlatory approvals by the City
First Amended Development Agreement
ADOPTED
Page 10
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shall be subject to the established' procedures and substantive
requirements of the City with respect to review and permitting of a project
of a similar or comparable nature, size and scope. In no event shall the
City, due to any provision of this Agreement" be obligated to take any
action concerning regulatory approvals except through its established
procedures and in accordance with applicable provisions of law.
5. Impact Fees. The City shall use its best efforts to secure or provide any
lawfully available credits against impact fees applicable to the Project
which are authorized under existing laws and regulations for public
improvements constructed and paid for by the Developer. In the evant that
the City is unable to secura a cre'dit against any impact fees, the City shall
use its best efforts, within the limits of the applicable law, to' allocate
impact fees collected from the Developer to the public improvements
which are described in Exhibit H to this Agreement or other improvements
in the immediate vicinity of the Project Site. 'The Interim Proiect shall not
be subiect to transportation impact fees.
6. The Irterim Proiect. The Interim Proiect development schedule is
attached hereto and made a part hereof as Exhibit D.
3.03. Concurrency.
1.
Concurrency Reauired. The parties hereto recognize and
acknowledge that Florida law (specifically, Part II, Chapter 163.
Florida Statutes, and Rule 9J- 5, Florida Administrative Code,
collectively the "Growth Management ActU) imposes restrictions on
development jf adequate public improvements are not available
concurrently with that development to absorb and handle the
demand on public services caused by development. The City has
created and implemented a system for monitoring the effects of
development on public services within the City. The Developer
recognizes and acknowledges it must satisfy the concurrency
requirements of Florida law and the City's regulations as applied to
this Project.
"
2. Reservation of Capacity. The City hereby agrees and
acknowledges that as of the Effective Date of this Agreement, the
Project satisfies the concurrency requirements of Florida law. The
City agrees to reserve the required capacity to serve the Project for
the Developer and to maintain such capacity !-Inti! March 6. 2006 WF
a porlod of three (3) yaarc from tho Effective Date of this
Agroomont and that such period shall be automatically extended for
an additional three (3) years If the Developer commences,
, construction bv March 6. 2006 within tho initial throo (2) yeaF
FIrst Amended Development Agreement
ADOPTED
Page 11
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period. The City recognizes and acknowledges that the Developer
will rely upon such reservation in proceeding with the Project.
3. ReQuired Public Facilities. In addition to the obligations of the City
and the Developer set out in Article 5 of this Agreement, the Water
Utilities Department of the City will provide potable water service
and sanitary sewer service to the Project.
ARTICLE 4. PLANS AND SPECIFICATIONS.
4.01. Plans and Specifications.
1., Responsibilitv for Preparation of Plans and Specifications. The
Developer
shall be solely responsible for and shall pay the cost of preparing,
submitting and obtaining approval of the Plans and Specifications'
for the Project and Interim Proiect.
2. Use of Qualified Professionals. The Developer shall retain qualified
professionals to prepare the Plans and Specifications 'and shall
'cause such professionals to prepare the Plans and Specifications.
3. 'Approval of Plans and Specifications for the Parkina Spaces Which
Are To Be Available to the Public; In order to ensure that the design
of the parking spaces which are to be available to the public will
achieve the City's purpose in. making parking available on'
Clearwater Beach, the Plans 'and Specifications for the Project shall
be submitted to the City for review and comment prior to the
submission of any application for a building permit, other than a
foundation permit. The City agrees to diligently proceed with and
complete its review of the Plans and Specifications, 'and respond to
the Developer as soon as reasonably possible after receipt thereof
and advise the Developer in writing of the City1s comments and
objections, if any, thereto. The City shall notify the Developer In
writing within thirty (30) days of receipt that the Plans and
Specifications have or have not been approved, and in the case of
disapproval, the specific reason(s) for such disapproval. If the Plans
and Specifications submitted to the City by the Developer
substantially comply with this Agreement and further the purposes
of, the Comprehensive Plan, the City shall approve the Plans and
Specifications as submitted. '
,ARTICLE 5. PROJECT DEVELOPMENT.
First Amended Development Agreement
ADOPTED
Page 12
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, 5.01. Ownership 01 Project Site. The Developer Is the owner of or the contract
, purchaser of certain parcels of land within the Project Site which are more
, particularly described in Exhibit A to this Agreement ("Controlled Propertyll).
5.02. Project Site. The I;3roject Site consists of those properties located in an
area which is bounded by the western right-of-way of Coronado Street, on the
north ,by the southern boundary of a parcel of land generally known as the
Golden Sands Motel property; on the south by the northern boundary of a parcel
of land generally known as the "Legends" property, and on the west by the
centerline of South Gulfview as more particularly described In Exhibit C.
5.03. City's Option to Purchase.
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1. Parkinq in the Proiect. At any time within five (5) years after the
issuance of a certificate of occupancy for the parking spaces within
the Proiect which are to be availaDle to the public, in the event that
the City determines that the parking rates charged by the
Developer for the parking spaces which are available to the public
are unreasonable, which for the purposes of this Paragraph shall
be two and thirty five one hundredths (2.35) times the parking rate
necessary to cover debt service required to publicly construct a
,comparable parking space. the City shall have the option to
purchase the parking spaces which are to be available to the public
from the Developer, in the form of a condominium ownership, at the
fair market value of the spaces at the time the City exercises its
option. The fair market value of the parking spaces shall be
, determined by appraisal of the property pursuant to the appraisal
instructions attached hereto as Exhibit I. The appraisals shall be
conducted by two (2) appraisers retained by the City. One of the
appraisers shall be selected from a list of qualified appraisers
submitted to the City by the Developer. In the event that the two (2)
appraisals are within twenty percent (20%) of each other, the fair
market value shall be the average of the two (2) appraisals. In the
event that the appraisals differ by more than twenty percent (20%),
the two appraisers shall select a third appraiser from the City's
master list of qualified appraisers, Including the list submitted by the
Developer, and the third appraiser shall select among the two (2)
apprai3als which in the opinion of the third appraiser most
, accurately represents the fair market value of the parking spaces.
,2. The Controlled Property. In the event the Developer falls to
commence construction by March 6, 2006. the City agrees to purchase
the Controlled property as described in Exhibit A at fair market value, but
First Amended Development Agreement
ADOPTED
Page 13,
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in no event shall the purchase price exceed $6.000,000. The fair market
value shall be established bv an appraisal process. The appraiser shall
,be directed to establish the value of the property assumino Third Street
and South Gulfview Drive are not vacated and disreaarding the additional
development rlahts (185 hotel units) provided in the Development
Aqreement. The appraisal of the Controlled Property shall reflect the
higher of: (i) the highest and best use of such property at the time of
appraisal, or (ii) the value of the Controlled Property with existinQ buildinQs
and existinq sixtv-five (65) units in place at the time of execution of the
Development Aareement (Le. as existina in 2002, before demolition; but
valued at the time of the appraisal in 2006). The appraisals shall be
conducted bv two (2) appraisers retained bv the Citv. One of the
appraisers shall be selected from a list of qualified appraisers submitted to
the City by the Developer. In the event that the two (2) appraisals are'
~ithin twenty percent (20%) of each other, the fair market value shall be
the averaae of the two (2) appraisals. In the event that the appraisals differ
by more than twenty percent (20%), the two appraisers shall select a third
appraiser from the Cityts master list of Qualified appraisers. includinq the
list submitted by the Developer. and the third appraiser shall select amona
the two (2) appraisals which in the opinion of the third appraiser most
accurately represents the fair market value of the property.
5.04. City's Obligations.
1. Vacation of Riqhts-of-Way. +Ae Developor shall apply for and tThe
City Commission has shall consider the adoption of adopted an
ordinance vacating the right- of-way of 3rd Street between
Coronado Avenue and the centerline of the existing right-of-way of
South Gulfview Drive and the eastern half of the existing right-of-
way of South Gulfview Drive included within the Project Site, as
depicted on Exhibit H. The vacation is conditioned on the
construction of the Proiect The City Commission hereby extends
the time for compliance with the ordinance by 18 months. '
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2. Bea,cb Bv Desion Density pool. The City agrees to consider
extending the Densitv Pool expiration time bv 18 months to
December. 2007.
~2. Road and Sidewalk Improvements. The City shall take all actions
necessary to allow for the re-alignment of South Gulfview Drive
between 151 Street and the Adams Mark Resort and the
implementation of the South Gulfview and Beach
Walk Improvements, as shown on Exhibit H. South Gulfview Drive,
as re-aligned, shall be traffic calmed to control speed.
First Amended Development Agreement
ADOPTED '
Page 14
~3. Parking GaraQe. In the event that the City exercises its option to
purchase public parking spaces as provided in Section 5.03 of this
Agreement, not less than forty percent (40%) of the parking spaces
located on the first two levels of the garage shall' be designated as
public spaces and such spaces to be conveyed s,hall be located in
discrete areas which are reasonably accessible to the point or
points of access to the beach.
9,4. Permits. The City will cooperate and coordinate with the Developer
with regard to all permit applications, including those to state
agencies, and will facilitate or expedite, to the greatest extent
possible, the permit approval process.
6&. Authoritv for Cafe SeatinQ. The City shall consider the adoption of a
regulation authorizing the use of portions of the west thirty-five (35)
feet of the' South Gulfview Drive right-of-way existing on the
Effective Date, of this Agreement for outdoor cafe seating and
,associated activities in accordance with the terms of Exhibit J, '
provided that such activities shall not interfere with the use of the
west half of the thirty-five (35) feet of the existing right-of- way of
South Gulfview Drive for pedestrian and vehicular movement in
accordance with the pro'visions of Beach by Design, inCluding the
intra-beach transit system proposed in Beach by Design.
76. Garaae Access Improvement Approval. The City shall grant the
Developer the authority to construct the Garage Access
Improvements and associated pedestrian facilities extending from
the Project Site across the re-aligned South Gulfview Drive to
public land. as shown on Exhibit H.
87. Concessions. The City shall grant the Developer authority to
operate concessions on land to the west of the existing centerline
of South Gulfview Drive, subject to any existing franchise or
concession rights and compliance with all requirements of the City
Code, and subject to a long term license agreement to be approved
by the City, substantially in the form as Exhibit L. The license
agreement shall be for a term of 50 years, commencing on the date
the facilities are available for use, and be subject to a right of
termination by the City for an uncured breach of a material
obligation by the Developer. Such concessions may include a
facility open to the public which provides towels, lockers, minimal
beach sundries, chairs, and other beach gear required to operate a
first-class beach hotel. Such facilities shall be built into the beach
landing portion of the pedestrian overpass, as more particularly
depicted on Exhibit H.
First Amended Development Agreement
ADOPTED
Page 15
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~8., Removal of Parking. In conjunction with the Project, the City agrees
to the removal of the offwstreet parking spaces which are located on
the beach between the concession building located between 3rd
and 5th Streets and the Pier 60 lot (approximately 31-' spaces).
The new design for the realignment of South Gulfview Drive and
the South Gulfview and Beach Walk Improvements. as described in
Exhibit H; includes two (2) parking areas of twentywfive (25) parking
, spaces each on the east side of the re-aligned road.
109. Approval of Plans and Specifications for the South Gulfview and
Beach Walk Improvements. The City shall Dovoloper is obligated to .
prepare Plans and Specifications for the South Gulfview and Beach
Walk Improvements. At least thirty (aD) days prior to applyiRg-for-a
building permit for tho South Gulfvie...o' and Beach 'Nalk
Improvements, tho Develope~ shall submit a completo draft of Buch
plans tg.....tAe City for roviow and comment. The City shall provide
drafts of such plans to the Developer for review and comment.
promptly rovie'.\' such plans and provido comments and
recommended modificationf: to tho Dovolopor within thirty (30) days
of receipt The City Developer shall consider incorporato the
Developer's Gity!s comments and recommended changes in the
Plans for the SEH:Jt.R Gulfviaw and Beach \'Valk Improvements and
the City shall revis\\' and approve tho plans and spocifications
y.'ithin thirty (30) days after submissiGn of tho Plans and
Spooificationc for the South Gulfviow and Beach '.^.talk
Improvements.
11 +G. Public Financino of Public Improvements. Subject to agreement
and request by the Developer, the City shall provide the Developer
with financing. to the' extent permitted by law without a referendum,
provided that such debt will be serviced only by special revenues
generated by the Project. The maximum amount of the financing
shall depend on the final design of the South Gulfview and Beach
Walk Improvements and the net cost of construction. The cost of
the South Gulfview and Beach Walk Improvements shall be net of
any credits against Impact fees' which are available under existing
law and the Developer's fair share of the South Gulfview and Beach
Walk Improvements. The City agrees to make the following sources
of revenue available for debt service of any public financing for the
South Gulfview and Beach Walk and Garage Access
Improvements:
a. Net operating income from the fifty (50) new parking spaces
created as a part of the South Gulfview and Beach Walk
Improvements; and
First Amended Development Agreement
ADOPTED
Page 16
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b. ,Fifty percent (50%) of the net increase in municipal ad
valorem taxes and utility taxes generated by the Project.
,12-1-1-. Timelv Completion. The City recognizes the public importance of
, the timely completion of the proposed improvements, and time is
deemed to be of the essence. The City considers this Agreement
as overall authority for the Developer to proceed to permit, and
agrees to implement a fast-track review, permitting, and inspection
program for this Project.
1 s.l2. Additional Public Parking. The City agrees that the City will not use
public funds to provide more than three hundred (300) additional
parking spaces (net increase in the number of spaces above the
number of public parking spaces in existence on the effective date
of this Agreement) which are available for use by the public within a
radius of a quarter-mile of the Project Site for a period of five (5)
years after the issuance of a certificate of occupancy for the
Project, unless otherwise agree to by the Parties.
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5.05. Obligatrons of the Developer~
'1 Resort Hotel and Parkina GaraQe Proiect. The Developer shall
build and operate a two hundred and fifty (250) room resort hotel to
be operated as a Marriott resort or other comparable international
hotel/resort management company together with a parking garage
containing at least seven hundred and fifty (750) parking spaces. In
the event that the Deveioper determines to operate the resort hotel
under a different "hoteVresort" name, the Developer shall obtain the
City's approval, which shall not be unreasonably withheld, providing
that the reputation and- qualifications are comparable to the
Marriott organization. The parking spaces shall be no narrower than
nine (9) feet and no shorter than eighteen (18) feet, and no two-way
aisle shall be less than twenty five (25) feet in width.
2 Responsibility for On-Site Costs. The Developer shall be
responsible for all on-site costs relative to the development of the
Project. including the parking spaces which are required to be open
to the public.
3 Parking. The Developer agrees to make at least four hundred (400)
parking spaces within the Project available to the general public
within the parking garage. The Developer may charge the public for
use of the parking spaces which are available to the general public
on terms' and rates which are' market-based and commensurate
with terms and rates which are in effect for comparable beachfront. '
covered parking structures in Florida resort areas.
First Amended Development Agreement
ADOPTED
Page 17
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4 South Gulfview and Beach Walk and Garaoe Access
Improvements. The Developer shall be responsible for the design
and construction of the South Gulfview and Beach Walk and
Garage Access Improvements.
5 Cost of South' Gulfview and Beach Walk and Garaqe Access
Improvements. The Developer shall be responsible for funding the
total cost of the South Gulfview and Beach Walk .and Garage
Access Improvements. subject only to the following:
a. In the event that impact fee credits are available to the
Developer. such credits shall be credited to the Developer'
against the cost, of the South Gulfview and Beach Walk
Improvements.
b. The Developer shall be responsible for a pro rata share of
the cost of the South Gulfview and Beach Walk
Improvements which shall be equal to the net cost of the
South Gulfview and Beach Walk Improvements multiplied by
a fraction in which the front footage of the Project Site is the
numerator and the total frontage along South Gulfview and
Beach Walk Improvements is the denominator.
SPA = (F PAoJF sGaw) x (CSGBW)
SPA = Pro Rata Share,
FpROJ = Frontage of Project Site
FSGBW = Total Frontage along South Gulfview
and Beach Walk Improvements
CSGBW = Net Cost of South Gulfview and Beach
Walk Improvements
c. , In the event that any property which fronts on the South
Gulfview and Beach Walk Improvements is proposed for
redevelopment using the pool of additional resort units
established pursuant to Beach by Design, the developer of
such property shall be required to pay a pro rata share of the
cost of the South Gulfview and Beach Walk Improvements
as a condition of development approval. The pro rata share
shall be equal to the total cost of the Improvements
, multiplied by a fraction In which the front footage of the
Project Site is the numerator and the total frontage along
South Gulfview and Beach Walk Improvements is the
denominator.
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Firat Amended Development Agreement
ADOPTED
Page 18
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'Sp~ = (F PRoJF SGBW) x (CS~BW)
SPA = Pro Rata Share
,FpAOJ = Frontage of Project Site
FSGBW = Total Frontage along South Gulfview
and Beach Walk Improvements
CSGBW = Net Cost of South Gulfview and Beach
Walk Improvements
The pro rata share paid by any such other developer shall be
promptly applied to the outstanding, principal on any
indebtedness incurred to fund the South Gulfview and Beach
Walk Improvements.
d. ,The net operating income from the fifty (50) surface parking
spaces which are constructed as a part of the South
Gulfview and Beach Walk Improvements shall be available,
to repay the Net Cost of the South Gulfview and Beach Walk
Improvements and the Garage Access Improvements, for a
period of time not to exceed twenty-five (25) years.
The City shall make an amount available equal to fifty
percent (50%) of the net increase in municipal ad valorem
and utility taxes above the ad valorem and utility taxes
generated y the improvements existing on the Project Site
011 the Effective Date of this Development Agreement to
repay any private indebtedness incurred to repay the Net
Cost of the South Gulfview and Beach Walk Improvements
and the, Garage Access Improvements, for a period of time
not to exceed twenty.five (25) years.
e.
I,
f., The incremental utility tax, a portion of which is to be made'
available to service the debt incurred to construct South
Gulfview and Beach Walk Improvements and the Garage
Access Improvements, shall be the increase in utility taxes
above the amount of annual utility taxes paid by the owners
of the existing improvements on the Project Site in the
twelve (12) months preceding the Effective Date of this
Agreement, as documented by the Developer. ' In the event
that the Developer fails, for any reason, to document the
annual utility taxes paid by the owners of the existing
improvements on the Project Site in the twelve (12) months
,preceding the Effective Date of this Agreement, the
Incremental utility tax which is to be made available' to
service the debt incurred to construct South Gulfview and
First Amonded Development Agreement
ADOPTED
I", '. .' "
~, . 't." . . . _. l..' .~.,t .
Page 19
Beach Walk Improvements and the' Garage Access
Improvements'shall be the increase in utility taxes above the
amount of' annual utility taxes paid. by the Developer during
the first year of operation of the Project. which amount shall
be provided to the City within thirty (30) days after the end of
the first year of operation.
6. Financino of Improvements
a. In the event that the public financing provided for in
Paragraph 10 of Section 5.04 of this Development
Agreement is, for any reason, unavailable to fund any
portion of or all of the Net Cost of the South Gulfview and
Beach Walk Improvements and the Garage Access
Improvements, the Developer shall provide the financing
required to fund the total cost of the improvements.
b. In the event that public financing is available for all or a
portion of the Net Cost of the South Gulfview and Beach
Walk Improvements and the Garage Access Improvements,
and the Developer provides additional financing pursuant to
this paragraph, the Developer shall be entitled, for a period
of not more than twentyRfive (25) years, to receive an annual
'payment equal to fifty percent, (50%) of the additional
, incremental ad valorem taxes plus the difference between
fifty percent (50%) of the incremental utility tax generated by
the Project and the amount required to service the public
debt.
7. Other Improvements. The City shall have an option to require the'
Developer to include the portions of the Additional South Gulfview
and Beach Walk Improvements which are described in Exhibit H on
a IItum key" basis, provided that the City pays all costs of such
share of the South Gulfview and Beach Walk Improvements,
including reasonable developer's fees. The City's option period
shall be for a term of twelve (12) months from the Effective Date of
this Agreement. If the City declines to exercise its option and its
twelve (12) months option period expires, then, upon written notice
to the City within thirty' (30) days after the expiration of the option,
the Developer may elect to fund and construct these improvements,
and then include the cost of the additional improvements in the
South Gulfvlew and Beach Walk Improvements financing.
8. 'Covenant of Unified Use. The Developer hereby agrees to execute
the covenant of unified use and development for the Controlled
Property providing that the Controlled Property shall be developed
a~ a single project and operated and used as a unified mixed use
First Amended Development Agreement
ADOPTED
Page 20
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project. which Is attached as Exhibit K; provided however, that
nothing shall preclude the Developer from selling all or a portion of
the Controlled Property in a condominium form of ownership.
9. Quality and Value. The Developer shall design and construct the
South Gulfview and Beach Walk Improvements described in Exhibit
H as a high quality product in keeping with Beach by Design and
the Seashell/Marriott design, subject only to a final budget which
the Parties agree is approximately three million five hundred
thousand dollars ($3,500.000.00) for the South Gulfview and Beach
Walk Improvements not including the Additional South Gulfview
Improvements to the south of the beach concession building. as
depicted as Phase B in Exhibit H ("Additional South Gulfview
Improvementsll).
10. Proiect Obliaations. The Developer agrees to carry out the
redevelopment of the Project Site by completing the purchase of all
,of the Controlled Property, preparing project plans and
, speCifications, obtaining approvals by governmental authorities,
necessary for development of the Project, constructing various
private improvements on the Project Site and operating the Project
as a unified and integrated project. The Developer shall take all
actions necessary to' maintain control of the Project Site. until a
certificate of occupancy is issued by the City.
11. Dedication of Riaht-of-Wav. Prior to the issuance of a building
permit, other than a foundation permit, authorizing the construction
of the resort hotel units, the Developer shall dedicate ten (10) feet
along the entire eastern boundary of the Project Site, including any
land previously included within the'right-of-way of Third Street to
the City as additional right-of-way for Cororlado Avenue.
12. Commencement of Construction. The Developer shall commence
construction of the Interim Project within twelve (12) months of the
Effective Date of this Agreement~j The Developer shall commence
construction of the proiect bv March. 2006. vRleee tho City shall
havo failod to gain approval of a Community RodovolepmeRt
t>>&tflGtr-ef-wRlch tho projoct Site ie :1 part, as providod for in
Section 2.01 ef thi!:: .^.groemont ("Commoncement Datoll), or as
69911 theroafter :1C possiblo attar tho authority fer tho Community
Rodevelopment District bocomec offeGtWa and shall thereafter
diligently pursue completion of the Project.
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13. Construction and Performance Completion Bond. Prior to
commencing construction of the South Gulfview and Beach Walk
Improvements and the Garage Access Improvements, and, in the
First Amended Development Agreement
ADOPTED
Page 21
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event that the City exercises its option in regard to the Additional
South Gulfview and Beach Wal\< Improvements, the Additional
South Gulfview and Beach Walk Improvements, the Developer
shall provide the City with a performance bond in a form acceptable
to the City guaranteeing the completion of the South Gulfview and
Beach Walk Improvements and the Additional South Gulfview
Improvements.
14; The Developer shall construct the Interim Proiect and lease the
same to the City per terms of the Interim Proiect Lease. The
Interim Proiect shall be completed by the Developer on or before
twelve (12) months following full'approval of same by the City. The
City shall operate the Interim Proiect and shall receive all profits
and/or losses as relates to such operations. The Interim Proiect
shall terminate ninety (90) days after the Developer shall provide to
City in writing a notice of Interim Proiect termination. Upon receipt
of such notice. the Interim Proiect Lease shall be terminated.
15. Developer shall immediately conclude purchase of all of the
Controlled Property and shall obtain commercial financing at
Developer's expense and shall therewith commence and timely
complete construction of the Interim Proiect. During such process.
Developer shall prepare Interim Proiect plans and specifications
and shall obtain approvals of all governmental authorities as
necessary for development of the Interim Proiect. The Developer
shall take all actions necessary to maintain control of the Proiect
site durino construction of the Interim Proiect until a certificate of
completion shall have been issued bv the City. and the City shall
have taken possession of the Proiect site pursuant to the Interim
Proiect Lease.
ARTICLE 6. PROJECT FINANCING.
6.01. Notice of Project Financing to City. As soon as the Developer shall
have obtained any financing for any portion of the Project, the Developer
shall provide the City with a sworn statement identifying the Project
Lender(s) and documenting the type of financing that the Project'
Lender(s) has issued in favor of the Developer for the Project.
6.02. Copy of Default Notice to City. The Developer covenants and agrees
that any Project Construction Financing documents shall include
provisions which provide that In the event any Project Financing shall
become due and payable by maturity or acceleration. the Project Lender
shall give written notice thereof to the City by certified mail, return receipt
requested. Such notice from the Project Lender to the City shall state the
First Amended Development Agreement
ADOPTED'
Page 22
basis of the default by the Developer and shall include copies of any
pleadings in any proceeding instituted by the Project Lender(s) incident
thereto.
6.03. City Option to Pay Mortgage Debt or Purchase Project Following
Commencement of Construction of Pro~.
Assignment of Mortaaae. Any mortgage instrument pertaining to
any portion of the Project Site in effect prior to issuance of the
Construction Completion Certificate for such portion of the Project
Site shall provide that following a failure of the Developer to repay
any Project Financing which shall become due and payable by
maturity or acceleration, the City is entitled, upon giving reasonable
written 'notice to the Developer, the Project Lender(s) and any other
holder of such a mortgage, to, an assignment of the mortgage
securing the Construction Financing by paying to the Project
Lender ~ri amount of money not to exceed a sum equal to the
amount of money advanced by the Project Lender(s) to the
Developer with respect to the Project Site, together with unpaid
accrued interest on'such amount, prepayment penalties, and all
other accrued charges of the Project Lender(s) (including, without
limitation, reasonable' attorneys1 fees incurred as a result of a
default by the Developer under the Project Construction Financing).
2. Entitlement to Conveyance. If prior to the issuance of a
Construction Completion Certificate, the ownership of any part of
the Project located thereon has vested in a Project Lender(s) or any
other person by foreclosure or any other action in lieu thereof, the
City shall be entitled, at its election exercisable within sixty (60)
days after the Project Lender{s) or other person obtains or receives
title to the Project Site or part of the proje'ct Site by notice to such
Project Lender(s) or other person, to a conveyance of the Project
Site or that part of the Project for which ownership has vested in the
Project Construction Lender or other, person to the City upon
payment to the Project Lender(s) or other person of an amount not
greater than the sum of (i) the larger of the money advanced by the
Project Lender(s) or other person to the Developer with respect to
that Parcel and due and owing at the time of the foreclosure or any
other action in lieu thereof or the amount paid at foreclosure, Jess
all appropriate credits, including those resulting from collection and
application of rentals and other income received during foreclosure
proceedings; (Ii) all reasonable expenses of the Project Lender(s)'
or other person incurred in connection with the foreclosure of the
Parcel or part of the Project; (ill) the expense, if any, incurred by the
Project Lender(s) or other person Ii, and as a direct result of the
subsequent management of the Project; (iv) any prepayment
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First Amended Development Agreement
ADOPTED
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Page 23
penalties and (v) an amount equivalent to the interest that would
have accrued on the aggregate of such amount had all such
amounts become part of the money advanced by the Project
Lender (s) or other person to the Developer with respect to the
Project Site and such money advanced had continued to be due
and owing; and less Income resulting from the management of the
Project subsequent to the termination of foreclosure proceedings or
, the date that the Project Lender(s) or other person obtained title to
the Project Site by deed in lieu of foreclosure, whichever is the
earlier.
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ARTICLE 7. CONSTRUCTION OF SOUTH GULFVIEW AND BEACH WALK
IMPROVEMENTS AND GARAGE ACCESS IMPROVEME~TS.
, 7.01. Site Work. The Developer shall be responsible for all site investigation,
environmental testing, demolition and site clearing In regard to the construction of
the South Gulfview and Beach Walk Improvements, the Additional' South
Gulfview and Beach Walk Improvements in the event that the City exercises its
option pursuant to Paragraph 5.05(7) 5.04(1)of this Agreement and the Garage
Access Improvements.
7.02. Construction.
1. Commencement. The Developer shall construct the South Gulfvlew
and Beach Walk Improvements, the Additional South Gulfview and
Beach Walk Improvements in the event that the City exercises its
option pursuant to Paragraph 5.05(7) 5.04(1) of this Agreement,
and the Garage Access Improvements, substantially in accordance
with the Plans and Specifications therefor. The Developer shall
commence construction bv March 2006 vJithin t'Nelve (12) meAtRs
aftor tho Effoctivo Dato of this .^.groem9frt In accordance with
, Section 5~05(12), unlocE tho City shall havo failed to gain approval
of a Community RodovelopmeAt-Glstriot, of '...'hich tho Projeot Sito ie
a part, as providod fOHA-Soction 3.01 of this !'.grooment
eCommm~comont Datol!), or ac coon thoreaftor ae pocclble aftor "
tho authority for tho Community Redovolopment District booomos
effoctivo and shall theroaftor diligently pursue complotion of tho
projoot.
a. For purposes of this Section 7.02, "commence construction"
means commencement of meaningful physical devel~pment
of that part of the Project as authorized by the Building
Permit therefor which Is continued and diligently prosecuted
toward completion of that part of the Project. '
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First Amonded Development Agreement
ADOPTED
Page 24
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b. All obligations of the Developer (including deadlines in the
Commencement Date) with respect to commencement and
continuation of construction in regard to the Sought Gulfview
and Beach Walk Improvements. the Additional South
Gulfview and Beach Walk Improvements in the event that
the City exercises its option pursuant to Paragraph 5.05(7)
5.04(1) of this Agreement and the Garage Access
Improvements. shall be subject to delays and extensions
from time to time for Unavoidable Delay (see Article 15).
The Developer shall not be deemed to be in default of this
Agreement to the extent construction of the Project, or a part
thereof, is not complete by reason of Unavoidable Delay.
2. Pursuit of Construction. After the Commencement Date, the
Developer shall continue, pursue and prosecute the construction of
the South Gulfview, and Beach Walk Improvements, the Additional
South Gulfview and Beach Walk Improvements. in the event that
the City exercises its option pursuant to Paragraph 5.05(7) ~
, of this Agreement. and the Garage Access Improvements with due
diligence to completion, and shall not at any time ,actually or
effectively have abandoned (or its Contractor having actually or
effectively abandoned) the work. For purposes of this subsection
(b), uabandonedll means to have ceased any construction work
, which effectively advances the construction of the work toward
completion, including removing all or substantially all of the
construction work force from the site of the South Gulfview and
Beach Walk Improvements. the Additional South Gulfview and
Beach Walk Improvements, in the event that the City exercises its
option pursuant to Paragraph 5.05(7) 6.0-1(1) of this Agreement,
and the Garage Access Improvements.
3. Payment of Contractors and Suppliers. The Developer shall
promptly pay, or arrange to be paid, all moneys due and ,legally
owing to all persons or organizations doing any work or furnishing
any materials, fuel, machinery or supplies to the Developer or any
Contractors in connection with construction of any part of the South
Gulfview and Beach Walk Improvements, in the event that the City
exercises its option pursuant to Paragraph, 5.05(7) 6.04(1) of this
Agreement, and the Garage Access Improvements.
, 4. ,Maintenance of Construction Site. During the construction of the
South Gulfview and Beach Walk Improvements, the Additional
South Gulfview and Beach Walk Improvements. in the event that
the City exercises its option pursuant to Paragraph 5.05(7) 6.04 (1)
of this Agreement, and the Garage Access Improvements, the
Developer shall, at its own expense, keep the site of the South
First Amended Development Agreement
ADOPTED
Page 25
Gulfview and Beach Walk Improvements, the Additional South
Gulfview and Beach Walk Improvements, in the event that the City
exercises its option pursuant to Paragraph 5.05(7)' e.04(1) of this
Agreement. and the Garage Access Improvements in good and
clean order and condition, and the Developer shall promptly make
all necessary or appropriate repairs, replacements and, rene'wals
thereof, structural or nonstructural, ordinary or extraordinary,
foreseen or unforeseen. All repairs, replacements and renewals
shall be equal In quality and class to the original work. When
making such repairs,' replacements or renewals, the Developer
shall comply with all laws, ordinances, codes and regulations then
applicable to that part of the South Gulfview and Beach Walk
Improvements. the Additional South Gultview and Beach Walk
Improvements. in the event that the City exercises its option
pursuant to Paragraph 5.05lZl &:Q4f1-) of this Agreement, and the
Garage Access Improvements. The Developer shall have the right,
after written notice to the City, to contest by appropriate' legal
proceedings conducted in good faith, the yalidity or applicability of
any such law. ordinance, code or regulation, and to delay
compliance therewith pending the prosecution of such proceeding,
provided that such contest shall be in accordance with the Right to
Contest provisions of Article 13.
7.03 Construction Completion Certificate.
1. For purposes of this Section 7.03, ucompletion, "complete,'.
"substantially complete" or "substantial completion" means, with
respect to construction of part of the South Gulfview and Beach
Walk Improvements, the Additional South Gulfview and Beach
Walk Improvements, in the event that the City exercises its option
pursuant to Paragraph 5.05(7) 5.04(1) of this Agreement, and the
Garage Access Improvements, shall be the acceptance of the
South Gulfview and Beach Walk Improvements, the Additional
South Gulfview and Beach Walk Improvements, in the event that
the City exercises its option pursuant to Paragraph 5.05(7) 6.04(1)
, of this Agreement, and the Garage Access Improvements by the
City.
2. Upon the substantial completion of the construction of each part of
the South Gulfview and Beach Walk Improvements, the Additional
South Gulfview and Beach Walk Improvements, in the event that
the City exercises its option pursuant to Paragraph 5.05(7) ~
of this Agreement, and the Garage Access Improvements in
accordance with the provisions of the Plans and Specifications, the
Developer shall prepare and execute the Construction Completion
Certificate, which shall then be delivered to the City. Upon receipt
First Amended Development Agreement
ADOPTED
Page 26
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of the certificate, the City shall promptly and diligently proceed to
determine if construction of the Project has been completed
substantially in accordance with the Plans and Specifications and
this Agreement. Upon making such a determination, the City shall
execute the certificate and return it to the Developer. The date of
the Construction Completion Certificate shall be the date when all
parties shall have executed said certificate.
3. The Construction Completion Certificate shall constitute a
conclusive determination by the parties hereto of the satisfaction
and termination of the obligations of the Developer hereunder to
construct the South Gulfview and Beach Walk Improvements, the
Additional South Gulfview and Beach Walk Improvements, in the
event that the City exercises its option pursuant to Paragraph
5.05(7)' 5.04 (1) of this Agreement. and the Garage Access
Improvements described in the certificate; provided, however, that
nothing in this Section shall be a waiver of the rights, duties,
obligations or responsibilities of the City or any other governmental
entity acting' in its regulatory or governmental capacity or an
approval of said construction.
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4. If the City shall refuse or fail to execute the Construction
Completion Certificate after receipt of a request by the Developer to
;, do so. then the City shall, within len (10) days after its receipt of ,
such request, provide the Developer with a written statement
setting forth in reasonable detail the reason(s) why the City has not
executed the Construction Completion Certificate and what must be
done by the Developer to satisfy such objections so that the City
would sign the certificate. Upon the Developer satisfying the City's
objections. then the Developer shall submit a new request to the
City for execution of the Construction Cpmpletion Certificate and
that request s~all be considered and acted upon in accordance with
the procedures in this Section for the original request.
5. If the City refuses to execute the certificate and the Developer does
not agree with the objections set forth' in the City's statement. then
the Developer may invoke the arbitration procedures set forth in
Article 14 hereof for the purpose of determining if the prerequisites
for execution by all parties of the Construction Completion'
Certificate have been met, and If not. what actions must be taken to
, satisfy such prerequisites.
6. The Construction Completion Certificate shall be In a form sufficient
to be recorded in the public records of Plnellas County. Florida.
After execution by the City, it shall be pro~ptly returned to the
, First Amended Development Agreement
ADOPTED
Page 27
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Developer who shall record the certificate in the public records of
Pinellas County, Florida, and pay the cost of such recording. '
7.04 City Not In Privity. The City shall not be deemed to be in privity of contract
with any Contractor or provider of services with respect to the construction of any
part of the Project not constituting all or any part of public improvements.
7.05 Construction Sequencing and Staging Area. The Developer shall
construct the South Gulfview and Beach Walk Improvements, the Additional
South Gulfview and Beach Walk Improvements, in the event that the City
exercises its option pursuant to Paragraph 5.05(7) 5rG4(-4-j of this Agreement, and
the Garage Access Improvements in a manner and fashion which will minimize
the inconvenience of the construction on the property owners of Clearwater
Beach and the residents of the City. Two (2) lanes of two (2) way traffic capacity
shall be maintained between First Street and the southern end of the site of the
South Gulfview and Beach Walk Improvements, the Additional South Gulfview
and Beach Walk Improvements in the event that the City exercises its option
pursuant to Paragraph 5.04(1) of this Agreement and the Garage Access
Improvements during the months of March, April, June, July and August and
whenever 'reasonably practicable during the rest of the year. To the extent
reasonably practicable. the Developer shall make as many of the existing parking
spaces available for public use during construction. The City agrees to allow
Developer to, use a portion of the area of the 'existing surface parking lot located
to the west of the Project Site which is designated by the City for construction
staging and Project office, during construction of the Project, without charge to
the Developer, provided that such staging area and Project office does not
unreasonably affect the maintenance of traffic provided for in this Paragraph.
ARTICLE 8. INDEMNIFICA TON.
,8.01. Indemnification by the Developer.
1.
The Developer agrees to indemnify, defend and hold harmless, the
City, its respective agents, officers, or employees from any and all
liabilities, damages, penalties, judgments, claims, demands, costs,
losses, expenses or attorneysl fees through appellate proceedings.
for personal injury, bodily injury, death or property damage arising
out of, or by reason of any act or omission of the Developer, its
agents, employees or contractors arising out of, in connection with
or by reason of, the performance of any and all services covered by
this, Agreement, or which are alleged to have arisen out of, in
connection with or by reason of, the performance of any and all
services covered by this Agreement. or which are alleged to have
arisen out of, in connection with, or by reason of. the performance
of such services.
First Amended Development Agreement
ADOPTED
Page 28
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2. The Developer shall Indemnify, defend and hold harmless the City,
its officers and employees from any and all liabilities, damages,
costs, penalties, judgments, claims, demands, losses, or expenses
(including, but not limited to, actual attorneys' fees and engineering
fees) arising from or attributable to any breach by the Developer, as
the case may be, of any representations or warranties contained in
Section 9.01, or covenants contained in Section 9.02.
The Developer's indemnity obligations under subsections (1) and
(2) of this Section shall survive the earlier of the Termination Date
or the Expiration Date, but shall apply only to occurrences, acts, or
omissions that arise on or before the earlier of the Termination Date
or the Expiration Date.
4. The Developer's indemnitY hereunder is in addition to and not
limited by any insurance policy and is not and shall not be
interpreted as an insuring agreement between or among the parties
to this Agreement, nor as a waiver of sovereign immUnity for any
party entitled to assert the defense of sovereign immunity.
3.
8.02. In~emnification by the City.
1. To the extent permitted by law, the City agrees to indemnify, defend
and hold harmless, the Developer,. its respective officers, and
employees from any and all liabilities, damages, penalties,
judgments, claims, demands, costs, losses, expenses or attorneys'
fees through appellate proceedings, for personal injury, bodily
injury, death or property damage arising out of, or by reason of, any
act or omission of the City, its respective agents or employees
arising out of, in connection with or by reason of, the performance
of any and all services covered by this Agreement, or which are
alleged to have arisen out of, in connection with or by reason of, the
performance of any and all services covered by this Agreement, or
which are alleged to have arisen out of, in connection with, or by
reason of, the performance of such services.
2.
The City shall indemnify, defend and hold harmless the Developer,
its officers and employees from any and all liabilities, damages,
costs, penalties, judgments, claims, demands"losses, or expenses
(including, but not limited to, actual attorneys I fees and engineering
fees) arising from or attributable to any breach by the City, as the
case may be, of any representations or warranties contained in
Section 1 0.01, or covenants contained in Section 1 0.02.
3. The City1s indemnity obligations under this Section 10.02 shall
, survive the earlier of the Termination Date or the Expiration Date,'
First Amended Development Agreement
ADOPTED '
Page 29
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but shall only apply to occurrences, acts or omissions that arise on
, or before the earlier of the Termination Date or the Expiration Date.
The Cityls indemnity hereunder is not and shall not be interpreted
as an Insuring agreement between or among the parties to this
Agreement, but is in addition to and not limited by any insurance
policy provided that said obligation shall not be greater than that
permitted and shall be limited, by the provisions of Section 768.28,
Florida Statutes, or any successor statute thereto.
8.03. Limitation of Indemnification. Notwithstanding anything to the contrary
contained herein, with respect to the indemnification obligations of the Developer
,(as set forth in Section 8.01) and the City (as set forth in Section 8.02), the
following shall apply:
1. The indemnifying party shall not be responsible' for damages that
could have been, but were not, mitigated by the indemnified party;
2. The indemnifying party shall not be responsible for that portion of
any damages caused by the negligent or willful acts or omissions of
the indemnified party; ahd
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3. 'There shall, be no obligation to indemnify hereunder in the event
that the indemnified party (1) shall have effected a settlement of
any claim without the prior written consent of the indemnifying
party, or (2) shall not have subrogated the indemnifying party to the
indemnified party's rights against any third party by an assignment
to the indemnifying party of any cause or action against such third
party.
ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF
, THE DEVELOPER.
'9.01 ~ ,Representations and Warranties. The Developer represents and
warrants to the City that each of the following statements is currently true and
accurate and agrees the City may rely upon each of the following statements:
1 ; The Developer is a Florida Limited Liability Company duly
organized and validly existing under the laws of the State of Florida,
has all requisite power and authority t6 carry on its business as now
conducted, to own or hold its properties and to enter into and
perform its obligations hereunder and under each document or
Instrument contemplated by this Agreement to which It is or will be
a party I is qualified to do business In the State of Florida, and has
consented to service of process upon a designated agent for
service of process in the State of Florida.
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First Amended Development Agreement
ADOPTED
Page 30
2. This Agreement and, to the extent such documents presently exist
in a form accepted by the City and the Developer, each document
contemplated or required by this Agreement to which the Developer
Is or will be a party have been duly authorized by all necessary
action on the part of, and have been or will be duly executed and
, delivered by, the Developer, and neither the execution and delivery
,thereof, nor compliance with the terms and provisions thereof or
hereof: (i) requires the approval and consent of any other party,
except such as have been duly obtained or as are specifically noted
herein, (ii) ,contravenes any existing law, judgment, governmental
rule, regulation or order applicable to or binding on the Developer,
(iii) contravenes or results in any breach of, default under or, other
than as contemplated by this Agreement, results in the creation of
any lien or encumbranc'e upon any property of the Developer under
any indenture, mortgage, deed of trust, bank loan or credit
. ,a'greement, the Developer's Articles of Incorporation, or, any other
agreement or instrument to, which the Developer is a party or by
which the Developer may be bound.
3. This Agreement and, to the extent such documents presently exist
in a form accepted by the City and the Developer, each document
contemplated or required by this Agreement to which the Developer
is or will be a party constitutes, or when entered into will constitute,
a legal, valid and binding obligation of the Developer enforceable,
against the Developer in accordance with the terms thereof, except
as such enforceability may be limited by applicable bankruptcy,
insolvency or similar laws from time to time in effect which affect
creditors' rights generally and subject to usual equitable principles
in the event that equitable remedies are involved.
4. There are no pending or, to the knowledge of the Developer
threatened actions or proceedings before any cou'rt or
administrative agency against the Developer, or against any
controlling shareholder, officer, employee or agent of the Developer
which question the validity of this Agreement 9r any document
contemplated hereunder, or which are likely in any case, or in the
aggregate, to materially adversely affect the consummation of the
transactions contemplated hereunder or the financial, condition of
the Developer.
5. The Developer has filed or caused to be filed all federal, state, local
and foreign tax returns, If any, which were required to be filed by
the Developer and has paid, or caused to be paid, all taxes shown
, to be due and payable on such returns or on any assessments
levied against the Developer.
First Amended Development Agreement
ADOPTED
Page 31
6. All financial Information and other documentation, including that
pertaining to the Project or the Developer, delivered by the
Developer to the City was, on the date of delivery thereof, true and
correct.
7. The principal place of business and principal executive offices of
the Developer is in Dunedin, Florida. and the Developer will keep
records concerning the Project (such as construction contracts,
financing documents and corporate documents) and all contracts.
licenses and similar rights relating thereto at an office in Pine lias or
Hillsborough Counties.
8. As of the Effective Date, the Developer will have the financial
capability to carry out its obligations and responsibilities in
connection with the development of the Project, as contemplated by
this Agreement.
, 9. The Developer has the experiencet expertise, and capability to
develop, cause the construction, and complete the Project and,
oversee and manage the design, planning, construction, completion
and opening for business of the Project.
9.02. Covenants. The Developer covenants with the City that until the earlier of '
, the Termination Date or the Expiration Date:
1. The Developer shall timely perform or cause to be performed all of
the obligations contained herein which are the responsibility of the
Developer to perform.
2. During each year that this Agreement and the obligations of the
Developer under this Agreement shall be in effect, the Developer
shall cause to be executed and to continue to be in effect those
instruments, documents. certificates, permits, licenses' and
approvals and shall cause to occur those events contemplated by
this 'Agreement that are applicable to, and that are the responsibility
of, the Developer.
3.' The Developer shall assist and cooperate with the City to
accomplish the, development of the Project by the Developer In
accordance with the Plan and Specifications, and this Agreement.
and will not violate any laws, ordinances, rules, regulations, orders,
contracts or agreements that are or will b,e applicable thereto.
4. Subsequent to the Effective Date, the Developer shall maintain Its
financial capability to develop, construct and complete the Project
and shall promptly notify the City of any event, condition,
First Amended Devolopment Agreement
ADOPTED
Page 32
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occurrence, or change in its financial condition which adversely
affects, or with the passage of time is likely to adversely affect, the
Developer's financial capability to successfully and completely
develop, construct and complete the Project as contemplated
hereby. '
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5. The Developer shall promptly cause to be filed when due all
federal, state, local and foreign tax returns required to be filed by it,
and shall promptly pay when due any tax required thereby.
6. Subject to Section 18.01, the Developer shall maintain its
existence, will not dissolve or substantially dissoive all of its assets
and will not consolidate with or merge into another corporation,
limited partnership, or other entity or permit one or more other
corporations' or other entity to consolidate with or merge into it
, without the prior approval of the City unless the Developer retains a
controlling interest in the consolidated or merged corporation, and
will promptly notify the City of any changes to the existence or form
of the corporation or any change in the controlling shareholders,
, officers or directors of the Developer.
7. . Other than sales and assignments contemplated by this
Agreement, the Developer shall not sell" lease, transfer or
otherwise dispose of all or substantially all its assets without
adequate consideration and will otherwise take no action which
shall have the effect, singularly or in the aggregate, of rendering the
Developer unable to continue to obselVe ahd perform the
covenants, agreements, and conditions hereof and, the
performance of all other obligations required by this Agreement.
8. Except for the removal of any structures, plants, items or other
things from the Project Site necessary for construction of the
Project to commence and continue, the Developer shall not permit,
commit, or suffer any waste or impairment of the Project or the
Project Site prior to the Completion Date.
9. Provided all conditions precedent thereto have been satisfied or
waived as provided herein, the Developer shall acquire the
Controlled Property as provided in Article 5 hereof and shall pay the
Purchase Price, as the case may be, when due and payable as
provided therein.
, 10. 'Provided all conditions precedent thereto have been satisfied or
waived as provided herein, the Developer shall design, construct
and complete the Project such that It Is substantially complete as
First Amended Development Agreement
ADOPTED
Page 33
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provided In this Agreement no later than the Project Completion
Date.
ARTICLE 10. '
REPRESENTATIONS, WARRANTIES AND COVENANTS
OFTHE CITY.
10.01. Representations and Warranties. The City represents and warrants to
the Developer that each of the following statements is currently true and accurate
and agrees that the Developer may rely on each of the following statements:
1. The City is a validly existing body corporate and politic of the State
of Florida, has all requisite corporate power and authority to carry
on its business as now conducted, and to perform its obligations
hereunder and under each document or instrument contemplated
by this Agreement to which it is or will be a party.
This Agreement and, to the extent such documents presently exist
ina form accepted by the City and the Developer, each document
contemplated or required by this Agreement to which the City is or
will be a party have been duly authorized by all necessary action on
the part of, and have been or will be duly executed and delivered
by, the City, and neither the execution and delivery thereof, nor
compliance with the terms and provisions thereof or hereof (i)'
requires the approval and consent of any other party, except such
as have been duly obtained or as are specifically noted herein, (ii)
contravenes any existing law, judgment, governmental rule,
regulation or order applicable to or binding on the City, (iii)
contravenes or results in any breach of, or default under or. other
than as contemplated by this Agreement, results in the creation of
any lien or encumbrance upon, any property of the City under any
Indenture, mortgage, deed of trust, bank loan or credit agreement,
applicable ordinances. resolutions or, on the date of this
Agreement, any other agreement or instrument to which the City is
a party, specifically including any covenants of any bonds. notes,'or
other forms of indebtedness of the City outstanding on the Effective
Date. '
2.
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3. ' This Agreement and, to the extent such documents presently exist
in a form accepted by the City and the Developer, each document
contemplated or required by this Agreement to which the City is o'r
will be a party constitute, or when entered into will constitute. legal.
valid and binding obligations of the City enforceable against the
City in accordance with the terms thereof, except as such
enforceability may be limited by public policy or applicable
bankruptcy, insolvency or similar laws from time to time in effect
which affect creditors' rights generally and subject to usual
First Amended Development Agreement
ADOPTED
Page 34
equitable principles In the event that equitable remedies are
Involved.
10.02. Covenants. The City covenants with the Developer that until the earlier of
the Termination Date or the Expiration Date:
1. The City shall timely performt or cause to be performed, all of the :
, obligations contained herein which are the responsibility of the City to
perform.
2. During each year that this Agreement and the obligations of the
City under this Agreement shall be in effect, the City shall cause to
be executed and to continue to be in effect those instruments,
documents, certificates, permits, licenses and approvals, and shall
cause to occur those events contemplated by this Agreement that
are applicable to and are the responsibility of the City.
3. The City shall assist and cooperate with the Developer to
accomplish the development of the Project in accordance with this
Agreement and the Plans and Specifications, will carry out its
duties and responsibilities contemplated by this Agreementt and will
not violate any laws, ordinances, rules, regulations, orders,
contracts, or agreements that are or will be applicable thereto, and,
to the extent permitted by law, the City will not enact or adopt or
urge or encourage the adoption of any ordinances, resolutions,
rules regulations or orders or approve or enter into any contracts or
agreements, including issuing' any bondst notest or other forms of
indebtedness, that will result in any provision of this Agreement to
be in violation thereof.
4. Except for the demolition of existing structures on the Project Site
and the removal of objects from the Project Site as contemplated
by this Agreement, the City shall not permit, commit, or suffer any
waste or impairment to the Project Sitet nor shall the City request or
recommend any rezoning of the Project Site, or any part thereof,
which will prevent or adversely affect the development of the
Project.
5. The City shall maintain its financial capability to carry out its
responsibilities as contemplated by this Agreement and shall notify
the Developer of any event, condition, occurrencet or change In its
financial condition which adversely affects, or with the passage of
time Is likely to adversely affect, the City's financial capability to
carry out its responsibilities contemplated hereby.
ARTICLE 11. CONDITIONS PRECEDENT.
First Amended Development Agreement
ADOPTED'
Page 35
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11.01. The Developer Acquiring Project Site. Unless this Agreement has been
terminated pursuant to Article 12 hereof I the obligation at the Developer to
acquire the Project Site is subject to the fulfillment to the satisfaction of, or waiver
in writing by, the Developer of each of the following conditions precedent:
1. The Developer shall have received evidence satisfactory to the
Developer that the Project Site permits the uses contemplated in
this Agreement.
2. The Plans and Specifications as are required for issuance of the
Building Permit required to commence construction of the Interim
Project shall have been approved by the City in accordance with
applicable ordinances, land use regulations, building codes and
other regulations of the City.
3. The Developer shall have obtained commitments from the Interim
Project Construction lender as provided in Articlo 6 hefGof.
,4. , The City and Developer shall have executed the Interim Proiect
Lease. Tho City shall have closod and vacated any streetc, allays
or othor public rights of way aE: may bo nOCBGE3ry for tho
construction and use of tho Project Sito :lccording to tho Plan and
Specifications, this J\grooment and approved by resolution the
abandonmOllt of all, such rights of 'Nay in favor of tho DO'Jaleper,
pr-e\liasd however that tho obandonm9Rt will not bo offectivo unless
and until tho Construction FinanciRg Commitment is obtained from
tho Developer as reqllired by Article 6 herein.
5. All Permits and the Building Permit necessary for construction of
the Project to commence shall have been issued.
11.02. Construction of Project. Subject to termination of this Agreement
pursuant to Article 12, the obligation of the Developer to commence construction
of the 'Project on the Commencement Date is subject to the fulfillment to the
satisfaction of, or waiver in writing by, the Developer of the following conditions:
1. The Plans and Specifications that are necessary to commence
construction shall have been approved by the City, arid the Initial
BUilding Permit for the commencement of construction of that part
of the Project and all other Permits necessary for construction to
commence have been issued.
2. The vacation of rights-of-way as provided in Section 5.04(1) hereof.
First Amended Development Agreement
ADOPTED
Page 36
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11.03. Responsibilities of the Parties for Conditions Precedent. The parties
hereto shall not, Individually or collectively, knowingly, Intentionally or negligently
prevent any condition precedent from occurring; provided, however, nothing In
this Section is intended or shall be deemed to deny, any party the right to
reasonably, exercise its discretion to the extent permitted by law or this
Agreement.
ARTICLE 12. DEFAULT; TERMINATION.
,12.01. Project Default by the Developer.
1. There shall be an "event of default" by the Developer pertaining to
the entire Project upon the occurrence of anyone or more of the following:
a. The Developer shall fall to perform or comply with any
material provision of this Agreement applicable to it within
the time prescribed therefor, after receipt of a notice from the
City pursuant t6 Paragraph 12.02(2)(a); or
b. The Developer shall make a general assignment for the
benefit of its creditors, or shall admit in writing its inability to
pay its' debts as they become due or shall file a petition in
bankruptcy, or shall be adjudicated a bankrupt or insolvent,
or shall file 'a petition seeking any reorganization"
arrangefDent, composition, ' readjustment, liquidation,
dissolution or similar relief under any present or future
, statute, law or regulation or shall file an answer admitting, or
shall fail reasonably to contest, the material allegations of a
petition filed against it in any such proceeding, or shall seek
or consent to or acquiesce In the appointment of any trustee,
receiver or liquidator of the Developer or any material part of '
such entity's properties; or
c. Within sixty (60) days after the commencement of any
proceeding by or against the Developer seeking any
reorganization, arrangement, composition, readjustment,
liquidation, .dissolution or similar relief under any present or
future statute, law or regulation, such proceeding shall not
have been dismissed or otherwise terminated, or if, within
sixty (60) days after the appointment without the consent or
acquiescence, of the Developer of any trustee, receiver or
liquidator of any of such entities or of any material part of
, any of such entity's properties, such appointment shall not
have been vacated; or
2.
,First Amended Dovelopment Agreement
ADOPTED
Page 37
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a. If an event of default by the Developer described In
subsection (1) above shall occur, the, City shall provide
written' notice thereof to the Developer, and, If such event of
default shall not be cured by the Developer within thirty (30)
days after receipt of the, written notice from the City
specifying in reasonable detail the event of default by the
Developer, or if slJch event of default Is of such nature that it
cannot be completely cured within such time period, then if
the Developer shall not have commenced to cure such
default within such thirty (30) day period and shall, not
diligently ,prosecute such cure to completion within such
reasonable longer period of time as may be necessary
(provided, however, if the Developer is proceeding diligently
and in good faith, the curative period shall be extended for a
period of not exceeding six (6) months without any approval
or consent of the City being required,' but' such approval will
be required if the curative period is to be extended beyond
six (6) months (after the notice of ,default has been given by
the City to the Developer and such extended curative period
may be ended by the City electing to do so upon any Project
lender finding the Developer to be in default of any Project
Financing and the curative period therefor has expired
without such event of default being cured) then, in addition to
any remedy available under Section 12.05, the City may
terminate this Agreement or pursue any and all legal or
equitable remedies to which the City is entitled, provided,
however, if the Developer shall fail to cure such event of
default within said thirty (30) day or longer period or ceases
to proceed diligently to timely cure such event of default,
then the City may proceed to enforce other available
remedies without providing' any additional notice to the
Developer. .
b. Any attempt by the City to pursue any of the above
referenced remedies will not be deemed an exclusive
election of remedy or waiver of the City's right to pursue any
other remedy to which either may be entitled.
c., Any time periods or deadlines provided in this Agreement
shall be tolled or extended by the amount of time to cure any
event of default hereunder if such event affects the
Developer's or Clty's ability to perform by such deadline or
the expiration of such period.
First Amended Development Agreement
ADOPTED
Page 38
3. Subject to the rights of the Project Lender, if the City elects under
Section 6.03 to cure a default under Subsection 12.01 (1) by the
Developer, construction contracts; contract documents, building
permits, development permits, management agreements, and
financial commitments (all only to the extent assignable) with
respect to the Project shall, if such default has not been previously
cured, on the day following receipt by the Developer of notice from
the City 9f its election to cure under $ection 6.03, be deemed then
assigned to the City making said election, without necessity of any
other action being taken or not taken by any party hereto. The
Developer shall transfer and deliver to the City upon making said
election, all assignable Plans and Specifications, working drawings,
construction contracts, contract documents, financial commitments,
management agreements, and all Permits, and, at the direction of
the City, the defaulting the Developer shall vacate the Parcel(s).
4. Notwithstanding any provision of this Section, a default by the
Developer shall not affect the title of any condominium unit or
common area conveyed by the Developer to an unrelated third
party or to a condominium association which is not controlled by the
, Developer.
12.02. Default by the City.
1. Provided the Developer is not then in default under Section 12.01,
there shall be an "event of default" by the City under this
Agreement in the event the City shall fail to perform or comply with
any material provisio'n of this Agreement applicable to it; provided,
however, that suspension of or delay in performance by the City
during any period in which the Developer is in default of this
Agreement as pr(\vided' in Section 12.01 hereof will not constitute
and event of default by the City under this Subsection 12.02.
2.
a.
If an event of default by the City described in 12.02(1) shall
occur, the Developer shall ,provide written notice thereof to
the City, and, after expiration of the curative period
described in paragraph (b) below, may terminate this
Agreement, institute an action to' compel specific
performance of the terms hereof by the City or pursue any
and all legal or equitable remedies to which the Developer is
entitled; provided, however, If the event of default by the City
occurs, any monetary recovery by the Developer in any such
action shall be limited to bona fide third-party out-of-pocket
costs and expenses, inCluding reasonable attorneys' fees,
incurred by the Developer In connection with this Agreement
and the transactions contemplated herebYt unless any such
First Amended Development Agreement
ADOPTED
Page 39 '
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default by the City was willful and committed in bad faith with
reckless disregard for the rights of the Developer.
c. Any attempt by the Developer to pursue any of the remedies
referred to in paragraphs (a) and (b) above will not be
deemed an exclusive election of remedy or waiver of the
Developer's right to pursue any other remedy to which it
might be entitled.
, d. Any time periods or deadlines provided in this Agreement
shall be tolled or extended by the amount of time to cure any
event of default' hereunder if such event affects. the
Developer's or City's ability to perform by such deadline or
the expiration of such period.
, 12.03. 'Obligations, Rights and Remedies Cumulative. Unless specifically
stated herein to the contrary, the specified rights and remedies to which either
the City or the Developer are entitled under this Agreement are not exclusive and
are intended to be in addition to any other remedies or means of redress to which
the City or the Developer may lawfully be entitled and are not specifically
prohibited by this Agreement. The suspension of, or delay in, the performance of
its obligations by the Developer while the City shall at such time be in default of
their obligations hereunder shall not be deemed to be an nevent of default.t1 The
suspension of, qr delay in, the performance of the obligations by the City while
the Developer shall at such time be in default of its obligations hereunder shall
not be deemed to be an "event of defaultU by the City.
12.04. Non-Action on Failure to Observe Provisions of this Agreement. The
failure of the City or the Developer to promptly or continually insist upon strict
performance of any term, covenant, condition or provision of this Agreement, or
any Exhibit hereto, or any other agreement, instrument or document of whatever
form or nature contemplated hereby shall not be deemed a waiver of any right or '
remedy that the City or the Developer may have, and shall not be deemed a
waiver of a subsequent default or nonperformance of such' term, covenant,
condition or provision.
12.05. Termination.
1. , The Developer and the City acknowledge and agree that as of the
Effective Date certain matters mutually agreed by the parties hereto
to be essential to the successful development of the Project have
not been satisfied or are subject to certain' conditions, legal
requirements or approvals beyond the control of any of the parties'
hereto or which cannot be definitely resolved under this Agreement,
First Amended Development Agreement
ADOPTED
Pogo 40
including, but not limited tOI failure of a governmental authority to
grant an approval required for development of the, Project or
insurable title to the Project Site has not been obtained. In
recognition of these events or conditions, the parties hereto
mutually agree that, provided the appropriate or responsible party
therefor diligently and in good faith seel,s to the fullest extent of its
capabilities to cause such event or condition to occur or be
satisfied, the failure of the events or conditions listed in subsection
(2) below to occur or be satisfied shall not constitute an event of
default by any party under this Article 12, but may, upon the
, election of any party hereto, be the basis for a termination of this
Agreement in accordance with this Section.
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2. In addition to ,any other rights of termination provided elsewhere in
this Agreement, this Agreement may be terminated as provided in
subsection (3) of this section by the City or the Developer after the
, occurrence of any of the following events or conditions (except for
subsection (b), in which event only the Developer may terminate
this Agreement pursuant to this subsection (2)): '
a. The appropriate governmental authority (including the City in
exercise of its governmental and regulatory authority and
responsibility), upon petition by the Developer denies or fails
to: issue the necessary order or other aCtion necessary,
vacate right-of-way as' described in Section 5.03, issue the
Permitsl issue the Building Permits, or approve any other
land use necessary to commence construction of the Project
on the Project Site, provided the Developer has proceeded
, diligently, expeditiously and in good faith to obtain such
approval, permits or other necessary actions;
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b. A previously unknown site condition is subsequently
discovered and that condition prevents successful
development of the Project, or part of the Project on the
Project Site, or part of the Project Site (in which case only
the Developer at his option can terminate the Project as not
feasible).
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3. ' Upon the occurrence of an event described in subsection '(2) or in
the event that the Developer or the City, after diligently and in good
faith to the fullest extent Its capabilities, is unable to cause a
condition precedent to its respective obligations to occur or be
satisfied 1 then the Developer or the City may elect to terminate
this Agreement by giving a notice to the other party hereto within
thirty (30) days of the occurrence of such event or' the
determination of inability to causa a condition precedent to occur or
First Amended Development Agreement
ADOPTED
Page 41
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be satisfied, stating its election to terminate this Agreement as a
result thereof, in which case this Agreement shall then terminate.
4. In the event of a termination pursuant to this Section 12.05, neither
the Developer nor the City shall be obligated or ,liable one to the
other in any way, financially or otherwise, for any claim or matter
arising from or as a result of this Agreement or any actions taken by
the Developer and the City, or any of them, hereunder or
contemplated hereby, and each party shall be responsible for its
own costs, however, the provisions of Sections 9.01 and 10.01
shall apply and shall survive termination of this Agreement, the
provisions of this Subsection 12.05(4) to the contrary
notwithstanding.
12.06. Termination Certificate.
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,1. In the event of a termination of this Agreement for any>reason prior
to the Expiration Date, each of the parties hereto do covenant and
agree with each other to promptly execute a certificate prepared by
the party electing to terminate this Agreement, which certificate
shall expressly' state that this Agreement has been terminated In
, accordaflce with its terms, is no longer of any force and effect
. except, for those provisions hereof, which expressly survive
termination, that the rights, duties and obligations of the parties
hereto have been terminated and released (subject to those
surviving provisions hereof) and that the Project Site is no longer
subject to any restrictions, limitations or encumbrances imposed by
this Agreement.
2.
The certificate described in Subsection (1) shall be prepared in a
form suitable for recording and promptly after execution by all of the
parties hereto shall be recorded in the public records of Pine lias
County, Florida.
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, ARTICLE 13. RIGHT TO CONTEST.
, 13.01. Right to Contest. Subject to the conditions set forth in Section 13.02
below, the City or the Developer each may, at its sole discretion and
expense, after prior written notice to the other parties hereto, contest by :
appropriate action or proceeding conducted in good faith and with due
diligence, the amount or validity or application, in whole or in part, of any
lien, any payment of any taxes, assessments, impact fees or other public
, charges of a similar nature that may from, time to time be levied upon or
assessed by any appropriate governmental authority against the
Developer, the Project (or any part thereof), the Project Site, furniture,
fixtures, equipment or other personal property thereon, and the revenues
First Amonded Development Agreomont
ADOPTED
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generated from the use or operation of any or all of the above, any other
payment specifically Identified In this Agreement, or compliance with any
law; rule, regulation, or other such legal requirement.
13.02. Conditions. The right to contest any charge, payment or requirement
pursuant to Section '13.01 is subject to the following: '
1. Such proceeding shall suspend the execution or enforcement of
such charge, payment or requirement;
2. Such proceeding will not create any risk of impairment of the
acquisition or preparation of the Project Site, the construction,
completion, operation or use of the Project, the Project ~ite, or any
part thereof. in any material respect, and neither the Project or
Project Site, nor any part of the Project or the Project Site, would be
subject to any risk of being involuntarily sold, forfeited or lost or the
acquisition of the Project Site or the construction, equipping, or
completion of the Project or any part thereof be delayed or
prohibited;
3. Such proceeding will not subj~ct any other party to criminal liability
or risk of material civil liability for failure to comply therewith, or
involve risk of any material claim against such party; and
4. The party seeking the benefit of this Article shall have furnished to
, the other parties such security. if any, as may be required in such
proceeding or as may be reasonably requested by the others, to
protect the Project and the Project Site, and any part thereof, and
any interest of such parties hereunder.
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ARTICLE 14. ARBITRA liON
, 14.01. Agreement to Arbitrate. Only as specifically provided in this Agreement
and only if any judicial or administrative action or proceeding has not been
commenced with regard to the same matter and, if so, the party hereto
commencing such action has not dismissed it, any disagreement or
dispute between the parties may be arbitrated in the manner set forth in
this Article 14. All parties hereby agree such arbitration, once commenced.
shall be the exclusive procedure for resolving such disagreement or
dispute and agree to be bound by the result of any such arbitration
proceeding unless all parties mutually agree to terminate such proceeding
prior to decision. If any, arbitration proceeding under this part adversely
affects the performance of any party' hereunder, then any time periods
, provided herein for such performance by that party shall be tolled during
the pendency of the arbitration proceeding affecting such performance.
First Amended Development Agreement
ADOPTED
Page 43
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14.02. Appointment 01 Arbitrators.'
1. a.
Unless accelerated arbitration as provided in Section 14.08
hereof is invoked, any party invoking arbitration herewith
shall, within five (5) days after giving notice of impasse in the
dispute resolution process or upon following the expiration of
the time period for such dispute resolution occurrence of the
event permitting arbitration to be invoked, give written notice
to that effect to the other parties, and shall in such notice
appoint a disinterested person who is on the list of qualified
arbitrators maintained by the American Arbitration
Association or a disinterested person not on such list to
whom an objection is not made by any other party hereto
within five (5) days of receipt of the notice of such
appointment as' the arbitrator or, if more than one (1)
arbitrator is to be appointed, as one of the arbitrators.
b. Within ten (10) days after receipt of the notice described In
paragraph (1), the other parties shall by written notice to the
original party acknowledge that arbitration has been invoked,
as permitted by this Agreement, and shall either accept and
approve the appointment of such individual set forth in the
original notice as a sole arbitrator or shall appoint one (1)
disinterested person per party of recognized competence In
such field as an arbitrator.
'2.
a. If two (2) arbitrators are appointed pursuant to subsection (a)
above, the arbitrators thus appointed shall appoint a third
disinterested person who is on the list of qualified arbitrators
maintained by the American Arbitration Association, and
such three, (3) arbitrators shall as promptly as possible
determine such matter.
b. )f the, second arbitrator shall not have been appointed as
provided in subsection (a), the first arbitrator shall, after ten
(10) days noti~e to the parties, proceed to determine such
matter.
c. , If,the two (2) arbitrators appointed by the parties pursuant to
subsection (a) shall be unable to agree within fifteen (15)
days after the appointment of the second arbitrator upon the
appointment of a third arbitrator~ they shall give written
notice of such failure to agree to the parties, and, If the
parties then fail to agree upon the selection of such third
arbitrator within fifteen (15) days thereafter, then within ten
(10) days thereafter each of ,the parties upon written notice
First Amended Development Agreement
ADOPTED
Page 44
to the other parties hereto may request the appointment of a
third arbitrator by the office in or for the State of Florida (or if
more than one office, the office located closest to the City) of
the Amer!can Arbitration Association (or any successor
organization thereto), or, in its absence, refusal, failure or
. inability to act, request such appointment of such arbitrator
, by the United States District Court for the Middle District of
Florida (which request shall be filed in the division of that
court responsible for the geographic area including the City),
or as otherwise provided in Chapter 682, Florida Statutes,
known and referred to as the Florida Arbitration Act, as
amended.
14.03. General Procedures. In any arbitration proceeding under this part, those
parties appointing arbitrators shall each be fully entitled to present evidence and
argument to the sole arbitrator or panel of arbitrators. The arbitrator or panel of
arbitrators shall only interpret and apply the terms of this Agreement and may not
change any' such terms, or deprive any party to this Agreement of any right or
remedy expressed or implied in this Agreement, or award any damages or other
compensation to any party hereto. The arbitration proceedings shall follow the
rules and procedures of the American Arbitration Association (or any successor
organization thereto) unless specifically modified by this Agreement, or as then
agreed to by the parties hereto.
14.04. Majority Rule., In any arbitration proceeding under this part, the
determination of the majority of the panel of arbitrators, or of the sole arbitrator if
only one (1) arbitrator is used, shall be conclusive upon the parties and judgment
upon the same may be entered in any court having jurisd!ction thereof. The
arbitrator or panel of arbitrators shall give written notice to the parties stating his
or their determination within thirty (30) days after the conclusion of the hearing or
final submission of all evidence or argument.
14.05. Replacement of Arbitrator. In the event of the failure, refusal or inability
of any arbitrator to serve as such, promptly upon such determination being made
by the affected arbitrator, the affected arbitrator shall give notice to the other two
(2) arbitrators (if applicable) and to the parties hereto, and then a new arbitrator
shall be promptly appointed as a replacement, which appointment shall be made
by the party or the arbitrators who appointed the affected arbitrator in the same
manner as provided for in the original appointment of the affected arbitrator in
, Section 14.02 hereof.
14.06. Decision of Arbitrators.
1. If any decision reached by arbitration as provided in this part
requires performance by the Developer, the Developer covenants
and agrees to comply with any decision of the arbitrator(s) promptly,
First Amended Development Agreement
ADOPTED
Page 45
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after the date of receipt by the Developer of such decision, and to
continue such performance to completion with due diligence and in
good faith.
2. If any such decision requires performance by the City, the City
covenants and agrees to comply promptly with any decision
reached by arbitrators) promptly after the date of receipt by the City
of such decision, and to continue such performance to completion
,with due diligence and in good faith.
Nothing in this part, nor in any arbitration decision rendered under
this part, shall be construed to require any payment by the City to
the Developer not otherwise, provided for,herein.
3.
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'14.07. 'Expense of Arbitration. The expenses of any arbitration proceeding
pursuant to this part shall be borne equally by the parties to such proceeding,
provided, however, for the purpose of this Section 14.07, "expenses" shall
include the' fees. and expenses of the arbitrators and the American Arbitration
Association with respect 10 such proceeding, but shall not include attorneys' fees
'or expert witness fefi)s, or any costs incurred by attorneys or expert witnesses,
unless (and to the extent) agreed t6 by the parties to such proceeding, which in
the absence of such Agreement shall be the responsibility of the party incurring
such fees or costs. '
14.08. Accelerated Arbitration.
1.
a.
"
If any of the parties to any arbitration proceeding under this
part determines the, matter for arbitration should be decided
on an expedited basis, then after an initial election to invoke
arbitration pursuant to Section 14.02 hereof has been made,
either party to such proceeding may invoke accelerated
arbitration by giving notice thereof to the other parties no
later than three (3) days after arbitration has been initially
invoked and the other parties do not object within three (3)
days thereafter.
b. Accelerated arbitration, for purposes of this Section 14.08,
shall be accomplished by either party notifying the American
Arbitration Association (or any successor organization
thereto) that the parties have agreed to a single arbitrator,
qualified to decide the mattGr for arbitration, to be appointed
by the American Arbitration Association (or any successor
organization thereto) with the consent of the parties to such
proceeding within three (3) days after receipt of the request
and to decide such matter within five (5) days after such
appointment.
First Amended Development Agreement
ADOPTED
Page 46
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c. If an arbitrator Is not so appointed with consent of the parties
to the proceeding within three (3) days after the notlce
referred to In paragraph (2) is received by the American
Arbitration Association, the accelerated proceeding under
, this Section 14.08 shall terminate and 'the procedures
othelYvise set forth In this Article 14 shall apply, unless the,
parties mutually agree to an extension of such time period.
2. The Developer and the City hereby agree to use such accelerated
, procedure only when reasonably necessary, to not contest the
appointment of the arbitrator or his or her decision except as may
be permitted by law, and that all other provisions of this part, except
as are in conflict with this Section 14.08, remain in effect and
applicable to an accelerated arbitration proceeding.
1'4.09. Applicable Law. To the extent not inconsistent with this article, any
arbitration proceeding under this article shall be governed by the
provisions of Chapter 682, Florida Statutes, as amended, known and '
referred to as the Florida Arbitration Code.
14.10. Arbitration Proceedings and Records. Any arbitration hearing under
this article shall be considered a meeting subject to Section 286.011,
Florida Statutes, and shall be open to any member of the public. Unless
otherwise rendered confidential pursuant to or by the operation of any ,
applicable law or order (other than an order by a sole arbitrator or a panel
of arbitrators acting under this part), the record of such proceedings shall
be a public record under Chapter 119, Florida Statutes.
ARTICLE 15. UNAVOIDABLE DELAY.
15.01. Unavoidable Delay.
1. Any delay in performance of or inability to perform any obligation
under this Agreement (other than an obligation to pay money) due
to any event or condition described in paragraph (b) as an event of
"Unavoidable Delay" shall be excused in the manner provided in
this Section 15.01. '
2. &IUnavoidable Delay" means any of the following events or
,conditions or any combination thereof: acts of God, litigation which
has the effect of precluding reasonable satisfaction of the
obligations of this Agreement, acts of the public enemy, riot.
hlsurrection, war, pestilence, archaeological excavations required
by lay, unavailability of materials after timely ordering of same,
First Amended Development Agreement
ADOPTED
Page 47
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epidemics, quarantine restrictions, freight embargoes, fire,
ilghtnlng, hurricanes, earthquakes, tornadoes, floods, extremely
abnormal and excessively inclement weather (as indicated by the
records of the local weather bureau for a five-year period preceding
the Effective Date), strikes or labor disturbances, delays due to
proceedings under Chapters 73 and 74, Florida-Statutes,
restoration in connection with any of the foregoing or any other
cause beyond the reasonable control of the party performing the '
obligation in question, including, without limitation, such causes as
may arise from the act of the other party to this Agreement, or acts
of any governmental authority (except that acts of the City shall not
constitute an Unavoidable Delay with respect to performance by the
City).
3. An application by any party hereto (referred to in this paragraph (0)
and in paragraph (d) as the IIApplicant") for an extension of time
pursuant to this subsection must be in writing, must set forth in
detail the reasons and causes of delaYI and must be filed with the
other party to this Agreement within seven (7) days following the
occurrence of the event or condition causing the Unavoidable Delay
or seven (7) days following the Applicant becoming aware (or with
the ex~rcise of reasonable diligence should have become aware) of
such occurrence.
4. The, Applicant shall be entitled to an extension of time for an
Unavoidable Delay only for the number of days of delay due solely
to the occurrence of the event or condition causing such
Unavoidable Delay and only to the extent that any such occurrence
actually delays that party from proceeding with its rights, duties and
, obligations under this Agreement affected by such occurrence.
ARTICLE 16. RESTRICTIONS ON USE.
16.01. Project. Prior to the earlier of the Termination Date or the Expiration Date,
, no use of the, Project, other than as described in Section 2.03, shall be
permitted, other than the operation of improvements existing on the
Effective Date until those improvements are demolished, unless and until
the Developer or the person, if other than the Developer, intending to so
use the Project or Project Site, shall file with the City a request for a
release from the restriction imposed by this Section. The Governing Body
of the City shall promptly consider such request and either deny the
request, approve the request as flied, or approve the request subject to
such terms, conditions and limitations as the City may reasonably require.
Unless specifically requested and approved, a release of the restriction
impC?sed ,by this Section shall not release the Developer from any
First Amonded Development Agreement
ADOPTED
Page 48
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obligations or restrictions imposed by this Agreement or any agreement,
instrument or document contemplated hereby.
ARTICLE 17. FIRE OR OTHER CASUALTY; CONDEMNATION.
17.01. Loss or Damage to Project.
1. Until the Project Completion Date, and without regard to the extent
or availability of any insurance proc8ods, the Developer covenants
and agrees to diligently commence and complete the reconstruction
or repair of any loss or damage caused by fire or other casualty or
by eminent domain (provided the City is not the condemning
authority) to each and every part of the Project on a Parcel which it
owns to substantially the same size. floor area, cubic content and
gener8;1 appearance, as existed prior to the occurrence of such loss
or damage. promptly after' the City approves the Plans and
Specifications for such reconstruction or repairs.
2. The City shall review the Plans and Specifications for such
reconstruction or repairs as soon as possiole after filing thereof by
the Developer. The City agrees to approve the Plans' and,
Specifications for such reconstruction or repairs if the
reconstruction or repairs contemplated by such Plans and
Specifications will restore the Project, or the damaged portion
thereof, to substantially the same condition as existed prior to the
occurrence of such loss or damage and if such, Plans and
Specifications conform to the applicable laws. ordinances, codes,
and regulations in effect at the time of filing with the City of the
'plans and specifications for such reconstruction or repairs.
17.02. Partial Loss or Damage to Project. Until the Project Completion Date,
any loss or damage by fire or other casually or exercise of eminent domain to the
Project or Project Site. or any portion thereof, which does not render the Project
or Project Site unusable for the use contemplated by Section 2.03 of this
Agreement. shall not operate to terminate this Agreement or to relieve or
, discharge the Developer from the timely performance and fulfillment of the
Developer.s obligations pursuant to this Agreement, subject to an extension of
time for an Unavoidable Delay.
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17.03. Pre:ject Insurance Proceeds.
1.
Whenever the Project. or any part thereof, shall have been
damaged or destroyed, the Developer shall promptly make proof of
loss and shall proceed promptly to collect, or cause to be collected,
all valid claims which may have aris'en against insurers or others
based upon such damage or destruction.
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First Amended Development Agreement
ADOPTED
Page 49
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, 2. Subject to the rights of a Project Lender, the Developer agrees that
all proceeds of property' or casualty insurance received by the
Developer as a result of such loss or damage shall be available and
shall be' used for payment of the costs of the reconstruction or
repair of the Project to the extent necessary to repair or reconstruct
the Project.
17.04. Notice of Loss or Damage to Project. The Developer shall promptly give
the, City written notice of any significant damage or destruction to the Project
stating the date on which such damage or destruction occurred, the expectations
, of the Developer as to the effect of such damage or destruction on the use of the
Project, and the proposed schedule, if any, for repair or reconstruction of the
, Project. '
17.05. Condemnation of Project or Project Site; Application of Proceeds. In
the event that part, but not all, of the Project or Project Site, or both, shall be
taken by the exercise of the power of eminent domain at any time before the
Expiration Date, subject to the rights of a Project Lender, the compensation
awarded to and received by the Developer shall be applied first to the restoration
of the Project, provlded'the Project can be restored and be commercially feasible
for its Intended use as contemplated by Section 2. 03( 1) of this Agreement after
the taking,' and, if not, can be retained by the Developer.
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ARTICLE 18. MISCELLANEOUS
18.01. Assignments.
1. Bv the Developer. ,
a. Prior to the Commencement Date, the Dev~loper may sell,
convey, assign or otherwise dispose of any or all of its right,
title, interest and obligations in and to the Project, or any part ,
thereof, only with the prior written consent of the City, which
consent Is hereby granted for assignment to Bella Vista
, Seashell Resort, L.L.C., provided that such party (hereinafter
referred to as the "assignee"), to the extent of the sale,
conveyance, assignment or other disposition by the
Developer to the assignee, shall be bound by the terms' of
this Agreement the same as the' Developer for such part of
the Project as is subject to such sale, conveyance,
assignment or other disposition.
b. If the assignee of the Developerls right, title, interest and
obligations In and to the Project, or any part thereof assumes
all of the Developer1s obligations hereunder for the Project,
or that part subject to such sale, conveyance, assignment or
First Amended Development Agreement
ADOPTED
, Page 50
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", other disposition. then the D,eveloper shall be released from '
all such obligations hereunder which have been so assumed
by the assignee, and the City agrees to' execute an
instrument evidencing' such release, which shan be in
recordable form. '
, c. An assignment of the Project, or any part thereof, ,by the
Developer to any corporation, limited, partnership, general
partnership, or joint venture, in which the Developer is the or
a general partner or has either the controlling' interest or
through a joint venture or other arrangement shares equal
management rights with a financial' institution and maintains
such controlling interest or equal management rights. shall
not be deemed an assignment or transfer subject to any
, restriction on or approvals of assignments or transfers
imposed by this Section 18.01, provided, however. that
notice of such assignment shall be given by the Developer to
the City, not less than thirty (30) days prior to such
assignment being effective and the assignee shall be bound
by the terms of this Agreement to the same extent as would
,t~e Developer In the absence of such assignment.
No assignee, purchaser, sublessee or acquire of all or any
part of the Developer's rights and obligations with respect to
anyone Parcel shall in any way be obligated or responsible
for any, of the' Developer's obligations with respect to any .
other Parcel by virtue of this Agreement unless and until
such assignee, purchaser, sublessee or acquire has
expressly assumed the Developer's such other obligations.
d.
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2. City's Riaht to Assian Rights. The Developer agrees that the City'
shall have the unqualified right to assign its rights under Section '
,5.04 and 6.03 of this Agreement to any person, subject only to
applicable laws in regard to the disposition of an interest, in real
property.
18.02. Successors and Assigns. The terms herein contained shall bind and
inure to the benefit of the City, and its successors and assigns, and the
Developer and its successors and assigns, except as may otherwise be
specifically provided herein. ,
18.03. Notices.
1. All, notices, demands, requests for approvals or other
, 'communications given by either party to another shall be In writing. '
and shall be sent by registered or certified mail, postage prepaid,
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First Amended Developmont Agreement
ADOPTED
Page 51
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return receipt requested or by courier service, or by hand delivery
to the office for each party indicated below and addressed as
follows:
To the Developer:
To the City:
City of Clearwater
112 S. Osceola Avenue
Clearwater, FL 33756
Clearwater Seashell Resort, LC
748 Broadway, Suite 202
Dunedin, FL 34698
Attn: Richard Gehring
with copies to:
William J. Kimpton, Esquire
28059 U.S. Highway 19 North, #100
Clearwater, FL 33761
with copies to:
Pamela K. Akins, Esquire
Clearwater City Attorney
112 S. Osceola Avenue
Clearwater, FL 33756
2. Notices given by courier service or by hand delivery shall be
effective upon delivery and notices given by mail shall be effective
on the third (3rd) business day after mailing. Refusal by any person
to accept delivery of any notice delivered to the office at the
address indicated above (or as it may be changed) shall be
deemed to have been an effective delivery as provided in this
Section 1,8.03. The addresses to which notices are to be sent may
be changed from time to time by written notice delivered to the
other parties and such notices shall be effective upon receipt. Until
notice of change of address is received as to any particular party
hereto, all other parties may rely upon the last address given.
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18.04. Applicable Law. and Construction. The laws of the State of Florida shall
govern the validity, performance and enforcement of this Agreement. This
Agreement has been negotiated by the City and the Developer and the
Agreement, including, without limitation, the Exhibits, shall not be deemed
to have been prepared by the City or the Developer, but by all equally.
18.05. Venue; Submission to Jurisdiction.
1 . For purposes of any suit action, or other proceeding arising out of,
or relating to this Agreement, the parties hereto do acknowledge,
consent, and agree that venue thereof Is Plnellas County, Florida.
2. Each party to this Agreement hereby submits to the jurisdiction of
the State of Florida, Pine lias County and the courts thereof and to
the jurisdiction of the United States District Court for the Middle
'Firat Amended Development Agreement
ADOPTED
Page 52
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District of Florida, for the purposes of any suit, action, or other
proceeding arising out of or relating to this Agreement and hereby
agrees not to assert by way of a motion as a defense or otherwise
that such action is brought in an inconvenient forum or that the
venue of such action is improper or that the subject matter thereof
may not be enforced in or by such courts.
3. If at any time during the term of this Agreement the Developer is
not a resident of the State of Florida or has no office, employee,
City or general partner thereof available for service of process as a
resident of the State of Florida, or if any permitted assignee thereof
shall be a foreign corporation, partnership or other entity or shall
have no officer, employee, agent, or general partner available for
service of process in the State of Florida, the Developer hereby
designates the Secretary of State, State of Florida, its agent for'the
service of process in any court action between it and the City, or
both, arising out of or relating 'to this Agreement and such service'
shall be made as provided by the laws of the State of Florida for
service upon a non- resident; provided, however, that at the time of
service on the Florida Secretary of State, a copy of such service
shall be delivered to the Developer at the address for notices as
provided in 18.03.
18.06. Estoppel Certificates. The Developer and the City shall at any time and
from time to time, upon not less than ten (10) days prior notice by another
party hereto, execute, acknowledge and deliver to the other parties a
statement in recordable form certifying that this Agreement has not been
modified and is in full ,force and effect (or if there have been modifications
that the said Agreement as modified is in full force and effect and setting
forth a notation of' such modifications), and that to the knowledge of such
party, neither it nor any other party is then in default hereof (or if another
party is then in default hereof, stating the nature and details of such
default), it being intended that any such statement delivered pursuant to
this Section 18.06 may be relied upon by any prospective purchaser,
mortgagee, successor, assignee of any mortgage or assignee of the
respective interest in the Project, if any, of any party made in accordance
with the provisions of this Agreement.
18.07. Complete Agreement; Amendments.
;'
1 . This Agreement, and all the terms and provisions contained herein,
including without limitation the Exhibits hereto, constitute the full
and complete agreement 'between the parties hereto to the date
hereof, and supersedes and controls over any and all prior
agreements', understandings, representations, correspondence and
statements, whether written or oral.
First Amended Development Agreoment
ADOPTED
Page 53
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2. Any provision of this Agreement shall be read and applied In pari
materia with all other provisions hereof.
3. This Agreement cannot be changed or revised except by written
amendment signed by all parties hereto.
18.08. Captions. The article and section headings and captions of this
Agreement and the table of contents preceding this Agreement are for
convenience and reference only and in no way define, limit, describe the
scope or intent of this Agreement or any part thereof, or in any way affect
, this Agreement or construe any article, section, subsection. paragraph or
provision hereof.
18.09. Holidays. It is hereby agreed and declared that whenever a notice or
performance under the terms of this Agreement is to be made or given on
a Saturday or Sunday or on a legal holiday observed in the City, it shall be
postponed to the next following business day.
, 18.10. Exhibits. Each Exhibit referred to and attached to this Agreement is an
essential part of this Agreement. The Exhibits and any amendments or
revisions thereto, even if not physically attached hereto shall be treated as
if they are part of this Agreement.
18.11. No Brokers. The City and the Developer hereby represent,: agree and
acknowledge that no real estate broker or other person is entitled to claim
or to be paid a commission as a result of the execution and delivery of this
Agreement. including any of the Exhibits, or any proposed improvement,
lise, disposition, lease, conveyance or acquisition of any or all of the
Project Site.
18.12. Not an Agent of City. During the term of this Agreement. the Developer
hereunder shall not be an agent of the City with respect to any and all
services to be performed by the Developer (and any of its agents. assigns,
" or successors) with respect to the Project.
18.13. Memorandum of Development Agreement. The City and the Developer
,agree to execute, In recordable form, on the Effective date, the short form
"Memorandum of Agreement for Development and Disposition of
PropertY' and agree, authorize and hereby direct such Memorandum to be
recorded in the public records of Pinellas County, Florida, as soon as
possible after execution thereof. The Developer shall pay tl1e cost of such
recording;
18.14 Public Purpose. The parties acknowledge and agree that this Agreement
satisfies, fulfills and Is pursuant to and for a public purpose and municipal
First Amended Development Agreement
ADOPTED
Page 54
purpose and is in the public interest, and is a proper exercise of the City's
power and authority. '
18.15. No General Obligation. In no event shall any obligation of the City under
this Agreement be or constitute a general obligation or indebtedness of
the City, or a pledge of the ad valorem taxing power of the City within 'the
meaning of the Constitution of the State of Florida or any other applicable
laws, but shall be payable solely from legally available revenues and
funds. Neither the Developer nor any other party under or beneficiary of
this Agreement shall ever have the right to compel the exercise of the ad
valorem taxing power of the City or any other governmental entity or
taxation in any form on any real or personal property to pay the City's
obligations or undertakings hereunder.
18.16. Other Requirements of State Law. Nothing in this Agreement shall be
deemed to relieve either party from full compliance with any provision of
State law which is 'applicable to any of the obligations or under takings
provided for in this Agreement. In the event that this Agreement omits an
obligation to comply with any provision of State law in regard to any of the
obligations or undertakings provided for in this Agreement, it is the
Intention of' the parties that such applicable State law shall be deemed
incorporated into this Agreement and made a part thereof. In the event
that there is any conflict between the provisions of this Agreement and
applicable State law, it is the intention of the parties that the Agreement
shall be construed to incorporate such provisions of State law and that
such provisions. shall control.
18.17. Technical Amendments; Survey Corrections. In the event that due to
minor inaccuracies contained herein or any Exhibit attached hereto or any,
other agreement contemplated hereby, or due to changes resulting from
technical matters arising during the term of this Agreement, the parties
agre~ that amendments to this Agreement required due to such
inaccuracies, unforeseen events or circumstances which do not change
the substance of this Agreement' may be made and incorporated herein.
The City Manager is authorized to approve such technical amendments on
behalf of the City, respectively, and is authorized to execute any required
instruments, to make and incorporate such amendment to this Agreement
or any Exhibit attached hereto or any other agreement contemplated
hereby. '
18.18. Term; Expiration; Certificate.
1. If not earlier terminated as provided in Section 12.05, this
Agreement shall expire and no longer be of any force and effect on March 13.
2011 tho tenth 3nAivElrEiary of tho Effocti'lo D3tO.
First Amended Development Agreement
ADOPTED
Page 65
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2. ' Upon completion of the term of this Agreement, all 'parties hereto
shall execute the Agreement Expiration Certificate. The Agreement
Expiration Certificate shall constitute (and it shall be so provided In
the certificate) a conclusive determination of satisfactory completion-
of all obligations hereunder and the expiration of this Agreement.
3. In the event of any dispute as to whether any party Is required to
execute the Agreement Expiration Certificate, the dispute shall be
resolved by arbitration as provided in Article 14.
4., The Agreement Expiration Certificate shall be in such form as will
. enable it to be recorded in the public records of Plnellas County,
'Florida. Following execution by all of the parties heroto, the
Agreement Expiration Certificate shall promptly be recorded by the
Developer in the public records of Pinellas County, Florida and the
Developer shall pay' the cost of such recording.
18.'19. Approvals Not Unreasonably Withheld. The parties hereto repress'nt'
, that it is their respective intent as of the Effective Date and do coven'ant
and agree in the future that all approvals, consents, and reviews will be
undertaken and completed as expeditiously as possible, In good faith, and
will not be arbitrarily or unreasonably withheld. unless otherwise expressly
authorized by the terms of this Agreement.
, 18.20. Effective Date. The Effective Date shall be the date of the last signature
to this Agreement.
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IN WITNESS WHEREOF, the parties hereto have set their, hands and
their respective seals affixed, as of this _ day of . 2002.
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THE CITY OF CLEARWATER.
FLORIDA
Attest: '
, By:
, By:
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First Amended Development Agreement
ADOPTED
Page 56
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Mayor,
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Approved as to form:
" , Pamela K. Akin
, City Attorney
" ,:--' " STATE OF FLORIDA,
COUNTY OF PINELLAS
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The, foregoing instrument was acknowledged before me this . day of
, 2002 by , " ' ' ",', and', ,", Mayor
: and City Clerk, respectively;, for the City' of Clearwater, Florida, on behalf of the, '
Cit~C .
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Signature of Notary Public
My Commission expires:
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, : ' Firat Amended Dlvllopment Agralment
, ADOPTED '
Page 57
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, STATE OF FLORIDA
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'CLEARWATER SEASHELL RESORT, L.C.
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The foregoing instrument was acknowledged before 'me this, day of,
. 2002 by and . as authorized
Members of Clearwater Seashell Resort, L.C.~ a Florida limited liability company. on
behalf of Clearwater Seashell Resort. L.C..
My Commission Expires:,
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AGENDA
08/22/02
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ITEM #
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Clearwater City Cornnlission
Agenda Cover Mcnlorandum
Worksesslon Item II:
PLD L-
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Final Agenda Item II
Meeting Dote: .J\.:22.02
SUBJECT/RECOMMENDATION:
Land Use Plan Amendment and Rezoning for property at 3021 State Route 590 (Lot 2 South Oaks Fashion
Square in Section 09, Township 29 South, Range 16 East); Owner: Bayridge Apartments, LLC/Advent Realty
Ltd. Partnership; Representative: T. Truett Gardner.
MOTION: APPROVE a Land Use Plan Amendment from Industrial Limited (IL) to Residential High (RH), and
a Zoning Atlas Amendment from Industrial, Research, Technology (IRT) to Medium High Density Residentia:
(MHDR) for property located at 3021 State Route 590 (Lot 2 South Oaks Fashion Square In Section 09,
Township 29 South, Range 16 Eas~); and PASS Ordinances #7001-02 and #7002-02 on first reading.
181 and that the appropriate officials be authorized to execute same. (LUZ 2002-05004L
SUMMARY:
This site is located on the south side of State Route 590, approximately 725 feet west of McMullen
Booth Road. The subject site is approximately 10.05 acres in area and is currently developed with
six (6) three-story structures housing 222 multi-family residential units and one (1) structure utilized
as an office/pool house. The purpose of the land use plan amendment and rezoning is to bring an
existing use into conformity with the Community Development Code. When the property was
developed in 1990, it had a land, use plan designation of Industrial Limited (IL) and was zoned
Industrial Planned Development (IPD), which considered the use to be conforming. The (IPD) zoning
designation was reclassified to the Industrial, Research, Technology (lRT) District when the new
Community Development Code was adopted in 1999. The IRT zoning district does not permit multi-
, family dwellings, therefore, the existing Bayridge Apartments complex is a legal non-conforming use.
The applicant is proposing to amend the Future Land Use Plan designation of this property from the
Industrial Limited (IL) category to the Residential High (RH) category. Additionally, a zoning atlas
amendment is requested to rezone this property from Industrial, Research, Technology (IRT) District
to the Medium High Density Residential (MHDR) District to render this site conforming.
The Planning Department determined that the proposed land use plan amendment and rezoning
applications are consistent with the following standards specified in the Community Development
Code:
. The proposed land use plan amendment and rezoning application are consistent with the
Comprehensive Plan.
. The potential range of uses and the specific proposed use are compatible with the surrounding
Reviewed bY~
legal ~
Budget Nt A
Purchasing NI A
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Costs
Total NtA
Info Srvc Nt A
Risk Mgmt Nt A
Public Works Nt A
DCM/AC~
Other A"achments:
ORDINANCES NO. 7001-02 '"
7002.02
\ STAFF REPORT
Current Nt A
FY
Funding Source:
Cl
OP
Other
Approprlatlon Code:
o Nono
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'. . Sufflcl,ent public facilities are available to serve. the property.
. The a'ppllcations will not have an adverse Impact on the natural environment.
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~Iease refe~ to the attached repo~ for the complete staff analysis.
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i; ,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 Plannl,ng Aut~ority. 'Due to the size of the plan amendment site, review and approval by
;:: Florida Department of Community Affairs Is required. ' ' .
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,> The Community Development Board reviewed these applications at its regularly scheduled meeting
;,'., on July 23, 2002 and unanimously recommended approval. , '. ' ,
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enn Meeting Date: July 23.2002
. Case No.: ' LUZ 2002-05004 .
, Agenda Item: !li
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
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BACKGROUND INFORMATION:
OWNER:
" REPRESENTATIVE:
LOCATION:
REQUEST:
SITE INFORMATION:
PROPERTY SIZE:
Bayridge Apartments, LLC
T. Truett Gardner
101 East Kennedy Boulevard, Suite 3140
Tampa, FL 33602
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3021 State Route. 590
, , Generally located on the south side of State Route 590,
approximately 725 feet west of McMullen Booth Road.
To amend the Comprehensive Plan's Future Land Use Map
from Industrial Limited (IL) to Residential High (RH), and
To'rezone from the Industrial, Research, Technology (IRT)
District to the Medium High Density Residential (MHDR)
District
437,778 square feet or 10,.05 acres,
DIMENSIONS OF SITE: 1280 feet by 350 feet. m.o.1.
PROPERTY USE:
,Current Use:
Proposed Use:
PLAN CATEGORY:
,Current Category:
Proposed Category:
Multi-famBy residential
Multi-family residential
Industrial Limited (IL)
Residential High (RH)
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5 ;\J'IaM1nll OcplU1nv:nl\C 0 IJlLlInd Use ^nv:ndmenl.\l.Ul2Oll~\'iT M'11 Rr:PORTSILlrl2002.0500-l.3021 5R590
COB. July 23. 2002
LUZ 2oo2.0S~
Page 10r8 '
ZONING DISTRICT:
Current District:
Proposed District:
Industrial, Research, Technology (lRT)
Medium High Density Rcsidcntial (MHDR)
EXISTING
SURROUNDING USES:
North: Retail I Single-family residential
South: Warehouse I Open Space
East: Rctail
'Vest: Multi-family residential
ANALYSIS
, Introduction
The 10.05 acre subject site is located in the Industrial, Rescarch, Technology (lRT)
zoning district and is occupied by six (6) three-story structures housing 222 multi-family
residential uniis and one (1) structure utilized as an office/pool house. The Industrial.
Research. Technology (IRT) District does not pemlit multi-family dwellings; therefore.
this property is a non-conforming use. The applicant is proposing to amend the Future
Land Use Plan designation of this property from the Industrial Limited (IL) category to
the Residential High (RR) category and to rezone it from the Industrial, Research,
Technology (IRT) District to the Medium RighDensity Residential (MHDR) District, to
render ,this site conforming. When the property was developed in 1990 it was the
residential portion of the Clearwater, Market Place. a Certified Site Plan for the South
Oaks Fashion Square subdivision, which included residential and retail development.
The site was zoned Industrial Planned Development (IPD) and had a City of Clearwater
Future Land Use Plan designation of Industrial Limited (IL). In 1994, the current owners
purchased the subject and developed it as the Bayridge Apartments. \Vhen the new
Community Development Code was adopted in 1999. this property's zoning designation
was changed to the Industrial. Research, Technology (IRT) District.
In accordance wfth the Countywide Plan Rules, the land use plan amendment is subject to
approvnl by the Pinellas Planning Council and Board of County Commissioners acting as
the Countywide Planning Authority. Due to the size, of the plan amendment. review and,
approval by the Florida Department of Community Affairs is required.
A. '
CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN
[Section 4-602(F)(l)& Section 4.603(F)(l)& (2)]
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The ,amendment promotes consistent development as statcd in the following clnuses from
the Future Land Use Element of the Clearwater Comprehensive Plan:
3.2
Objective ~ Future Land Use in the City of Clearwater shall be guided by the
Comprehensive Land Use PI un Map and implemented through the City's
Community Development Code.
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S:\I'lannlllll OI:partn~Ul\C 0 1I\l..lIld u~ ^nrndn\:nla\l.UZ 20U2\sT^I'lllml'ORTSILlfl20ll2.0'004.J021 SR'I)()
con. July 23. 2002
LUZ 2002.05004
, Puge 2 of 8
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3.2.2 Policy. Residential land uses shall be appropriately located on local and minor
collector streets; if appropriutely buffered; they may be locnted on major collector
and arterial streets. Residential land uses shall be sited on wellRdrained soils, in
proximity to parks, schools, muss transit and other neighborhood-serving lund
uses.
13.1:1 Maintain sufficient residentially zoned acreage, of varying densities and
locutions, to accommodate the existing and future housing needs of the City of
Clearwater.
The amendment promotes consistent development as stated in the following clauses from
the Transportation Element of the Clearwater Comprehensive Plan:
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Obje~tive - The City shall specifically consider the existing and planned Level-of-
Service on the road network affected by a proposed development, when
con~idering an amendment to the land use map, rezoning, subdivision plat, or site
plan approval. .
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The proposed plan amendment is not in conflict with Clearwater Comprehensive Plan
Goals, Objectives or Policies, and is consistent with the Cleurwater Comprehensive Plan.
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B. CONSISTENCY WITH COUNTYWIDE PLAN
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Applicable regulations from the Countywide Plan are us follows:
2.3.~.3.1 .Residential High (RH).
Purpose --It is the purpose of this category to depict those areas of the County that are
now developed, or appropriate to be developed, in a highly intensive residential manner;
and to recognize such arcas as primarily well-suited for residential uses that are consistent
with the urban and intensive qualities, transportation facilities and natural resource
characteristics of such areas.
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Locational Characteristics -- This category is generally appropriate to locations within or
in close proximity to urban activity centers; in arcas where use and development
characteristics are high density residential in nature; and in areas serving as, an urban
center. These areas are typically in close proximity to and may have direct uccess from
the arterial nnd thoroughfare highway network and are served by mass transit in a manner
that provides an alternative to individual automobile use. This designation is generally
not appropriate for coastal high hazard and evacuation level "A" areas.
The proposed use of the property is consistent with the RH category in that the project
will belimiled to residential usej in addition, the sitets adjacency to SR 590 provides
sufficient nccess to major arterial roadwuys in the area for the residents of the complex.
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S:\Plannlnll Del'lIrlln:nl\C 0 0'.1.1100 Ute Anrlidillcnl.\LUZ WO:l\'iTAI'lIIU!l'OIt'fSl1.lrl ZOO:l.O~llIU.30~1 SR'90
con - July 23. 2002
I.UZ 2002-05004
Page 3 or8
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C. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER
OF THE CITY & NEIGHBORHOOD [Section 4-602(F)(2)& 4-603 (F)(3)J
The subject site is approximately 10.05 acres in size and could allo'w 300 multi-family
dwellings units based on a maximum density of 30 dwelling units per tlcre in the
proposed Residential High plan category. Current uses allowed in the Medium High
Density Residential zoning district include schools, attached dwellings, medical.clinics,
community residential homes. nursing homes, places of worship, assisted living facilities,
retail sales, overnight accommodations, and utility infrastructure facilities, congregate
care, parks and recreation facilities, residential infill projects and residential shelters.
State Route 590 Corridor
The SR 590 corridor between McMullen Booth Road and US 19 is characterized
primarily by residential and retail uses except for offices at the intersection of McMullen
Booth Road and SR 590. The Countywide Future Land Use Plan has designated land in
the surrounding area as Residential/Office General. Residential/Office Limited,
Residential Medium, Industrial Limited, Residential Urban and Commercial General. The
" Residential Medium, Residential Urban and Industrial Limited are the predominant land
use plan designations.in this area and they arc evenly split between the north, west and
cast of the subject property.
Immediate Surrounding Area
The Future Land Use Plan (FLUP) for the immediate surrounding area along the east side
of the subject site is Industrial Limited. The Residential Medium plan category extends
to the west of the subject property and the Residential Urban and Residential I Office
Limited plan category is located to the north.
The existing surrounding uses include retail to the cast. multi-family residential to the
west, single-family reside'ntial to the northwest, office to the north and industrial and open
space to the south. The proposed Future Land Use Plan designation and rezoning is in
character with the overall FLUP designation along this block and compatible with
surrounding uses.
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D. SUFFICIENCY OF PUBLIC FACILITIES
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Uoadways ,
As previously stated, the subject site is approximately 10.05 acres in size and could
conceivably allow 300 m'ulti-family dwellings units based on n maximum density of 30
dwelling units per acre in the proposed Residential High Plan category. Current uses
allowed in the Medium High Density Residential zoning district include schools, medical
clinics, community residential homes. nursing homes, places of worship, assisted living
fucilities, retail sales. overnight accommodations, and utility infrastructure facilities,
S;IJlI;umln~ Depllltm:nt\C 0 "\Land Ui~ AnrndmcnlilJ.UZ ~OO2\ST^Ar REI'ORTSlI..lJ'l. :!002.(}~0lJ.l.)021 SR~I)()
CDD w July 23. 2002
l..UZ 2002-05004
Puge 4 of 8
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congregate care, parks and recreation facilities, residential infill projects and residentiul
shelters.
Based on the Countywide Plan standard for calculating typical traffic impacts relative to a
plan amendment, for this 10.05 acre site, u total of 1,703 trips per day could result from
the existing Industrial Limited plan category. The proposed Residential High plan
category could generate a total of 1.839 trips per day for the subject site.
Based on the ITE Trip Generation Manual. the average annual daily trips generated by a
light industrial land use, within the existing IRT zoning, could b,e 88 trips during a
weekday PM Peak Hour of Generator. The proposed Medium High Density Residential
(MHDR) District, with the existing 222 multi-family'units, will continue to generate an
average of 97 trips during the PM Peak Hour of Generator.
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The 2001 Transportation Level of Service manual from the Pinellas County Metropolitan
Planning Organization assigned the McMullen Booth Road segment from State Route
590 to Drew Street a level of service (LOS) F. Considering no new. structures arc
proposed for development on the subject site, no negative impacts are projected to result
from the proposed amendment- on South Myrtle A venue. The level-of-service (LOS) for
McMullen Booth Road will not be'degraded by the proposed land use amendment and
rezoning.
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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 within %
mile of an existing transit route; and headways are less than or equal to one hour.
Pinellas Sun coast Transit Authority (PSTA) bus service is available along McMullen
, Booth Road
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Water ,
The current zoning district could demand approximately 43,777 gallons per day. Under
the proposed zoning district. water demand' could approach approximately 55,500
gallons per day. Due to the fact that this is an existing multi-family residential complex
and the use will not change, the proposed am~ndment will not affect the City's current
LOS for water.
Wastewater
, The current zoning district could demand approximately 35,022 gallons of wastewater per
day. Under' the proposed zoning district, sewer demand could approach approximately
'44,400 gallons per day. Due to the fact that this is an existing multi-family residential
complex and the use will not change. the proposed amendment will not affect the City's
current LOS for wastewater.
S;\I'I..mnlng IkpllrtmenlIC D Dll.:lml u~ Am:ndmcnb\LUZ :WO~I.,)TAI'F KBI'OlnS\I.UZ 2OO~.0.5QO..\.;\D21 SIUI)(J
CDO . July 23. 2002
LUZ 2002-05004 '
Puge 5 of 8
Solid Waste
The current zoning could result in 882 tons of solid waste per year for an industrial site.
Under the proposed zoning district, there 'would be approximately 562 tons of solid waste
gcnernted per year for the multifamily residential. Due to the fact that this is an existing
multi-family residential complex and the use will not change. the proposed amendment
will not affect the City's current LOS for solid waste disposal.
Recreation and Open Space
Due to the fact that this is an existing multi-family residential complex and the use will
not change. the proposed land use amendment and rezoning will not impact the LOS of
recreational acreage or facilities.
E. IMPACT ON NATURAL ENVIRONMENT [Section 4-603(F)(5)]
Due to the fact that this is an existing multi-family residential complex and the use will
not change, the proposed land use amendment and rezoning will not have additional
negative impacts on the natural environment.
F. LOCA TION OF DISTRICT BOUNDARIES [Section 4-602 (F)(6)]
The location of the proposed Residential High boundaries ure logical and an appropriate
classification between multi-family residential uses to the west and single family
residential uses on the north and south. The district boundaries are appropriately drawn
in regard to location and classifications of streels, ownership lines and existing
, improvements.
G. CONSISTENCY OF DEVELOPMENT WITH COl\-tMUNITY
DEVELOPMENT CODE AND CITY REGULATIONS
[Section 2-1201.1. & 4-602(F)(l) and (2)]
The proposed Medium High Density Residential (MHDR) District permits a FAR of 0.60
and the existing Industrial. Residential, Technology District pennits a slightly more
intensive FAR of 0.65. The ISR of the proposed MHDR District is 0.85. which is
identical to the current IRT District. The size of the site is 437,778 square feet, which
exceeds the minimum Jot area requirement of 15.000 square feet required by the MHDR
zoning district. ,Therefore, the parcel meets size requirements of the proposed District
and the existing residential use is permitted in the Medium Density Residential District.
The subject site is part of a Certified Site Plan (CSP),' which created the Industrial
Planned Development (lPD) zoning for the site. Setbacks approved through this CSP for
the pool deck and the western side yard do not comply with current code. requirements.
however are legally permitted through the esp.
Approval of this land use plnn amendment and zoning district designation does not
g~arantee the right to develop on the subject property. Transportation concurrency,
S:\I'lIumlnc Dcp;uun:ntIC 0 8ILaoo U$e Amelllhn:nlsll.lJZ 2OO2\STAFF HEf'ORTSIl.UZ 2OO2.0S0Q4.3021 SRS90
con. July 23. 2002
LUZ 2002.05004
Page 6 of 8
must be met, und the property owner will have to comply with all laws and ordinances in
effect at the time development pcrmits ure requcsted.
':
The existin'g and proposed' use of this property is consistent \vith the Medium High
Density Residential District regulations.
Existing vs. Proposed Regulations - Maximum Development Potential
..
(:', '
Existing IRT Zoning
Proposed MHDR Zoning
Floor Area Ratio
-1f.A.R.)
0.65.
0.60
Impervious Sunace .
Ratio (LS.R.)
0.85
0.85
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H. CODE ENFORCEMENT ANALYSIS:
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Within the past 7 years the property has had four (4) code violations for signs, balloons
and banners. On each occasion the property owner or manager took immediate action to
comply with city requirements.
:, .
SUMMARY AND RECOMMENDATIONS:
i,' I'
An amendment to the Future Land Use Plan from Industrial I:-imited (ll..) to Residential
High (RH) and a rezoning from the Industrial, Research, Technology (IRT) District to the
Medium High Density Residential (MHDR) District for the subject property i~ necessary
to bring this existing non-confonning residential use into confomlity with the ,C,ommunity
Development Code. The neighborhood is surrounded by retail uses to the east, single-
family residential and, office uses to, the north, multi-family uses to the west and open
space and utility, uses to the south. The existing residential use blends into the
surrounding neighborhood and serves as a transition between com'mercial uses to the east.
The proposed Residential High Future Land Use classification and Medium High Density
'Residential 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 the
development regulations of the City.
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S:IJ'Lmnlnll Depanlllt:nl'oC 0 nlLAnd Ule Anlt:ndm:nl1\LUZ ~OO2\STAFF Rl!roltlSI1.UZ 2OO2.0SQO.l.3021 SRS90
COB. July 23. 2002
LUZ 2002-05004
Page 7 or8
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The Plnnn'ing'Department recommends AI)PROV AI.. of the following actions on this
nppHcution: ' .
1. Amend the Future Lund Use Plan designation of 3021 State Route 590 ,
(Lot 2. 'South Oaks Fashion Square) from Industrial Limited (lL) to
Residential High (RH); and
2.
Amend the zoning district designation of 3021 State Route 590 (Lot 2,
South Ouks' Fashion Square) from Industrial, Research, Technology (IRT)
to Medium High Density Residential (MHDR). '
\,
Submitted by: Marc A. Mariano, Planner
"
-",
, ,'Attachments
, AppHcation'
, ' .' Aerial, P~otograph of Site and Vicin,ity
Location Map .
, Zoning Map
" Larid Use Plan Map
'Existing Surrounding Uses
Site Photographs ,)
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S:IJ'larinlnl Der-vtmenlIC D U\l..und Ute A~ndmcn,,\LUZ 2002151 AFP RHl'OR TS\LUZ 2OO2,0500J.3021 S R590
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, COB'. July 23, 2002
LUZ 2002-05004
Page 8 of 8
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ZONING MAP
OWNER: Bayrldge Apartm ants LLC I CASE: LUZ 2002~O5004
-- - ---l~ROPERTY -
SITE: 3021 S.R. 590 SIZE (ACRES): 10.05
.-....-----
ZONING lAND USE ~IN' 09- 29-'0- 8'3' 3 - 000- 0 o. 0
FROM: IRT (Il) IndustrlBI llmltod
MHOR (RH) Roaldontlol High ATLAS 274A
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_[PROPERTY slz-e (ACRES): 10.05
LAND USE I~PlN: OQa29a16-84343-000-0020-
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(RH) Rooldontlal HIgh '-ATLAS --274 A
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LAND USE PLAN MAP
OWNERS: Bayrldge Apartments LLC
SITE:
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EXISTING
t LLC .
Aporlmen s ----~~~PERTY
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SURROUNDING
USES
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ORDI~ANC ~=-~t9~29.Q1:02
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN, OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE SOUTHEAST CORNER OF S.R. 590 AND
LANDMARK DRIVE, CONSISTING OF LOT 2, SOUTH OAKS
FASHION SQUARE, WHOSE POST OFFICE ADDRESS IS 3021
S.R. 590, FROM INDUSTRIAL LIMITED (IL) TO RESIDENTIAL
HIGH (RH); PROVIDING AN EFFECTIVE DATE.
, I
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
C~earwater is amended by designating the land use category for the hereinafter described
property as follows:
Pro~
Lot,2, South Oaks Fashion Square, according
To plat thereof recorded In Plat Book 101,
Pages 57 and 58, Public Records of Pinellas
County, Florida (LUZ 2002~05004)
Land Use Cate~orv
From: Industrial Limited (IL)
To: Residential High (RH)
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan. '
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida. as appropriate, of compliance with the
applicable requirements of the' Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to 9163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
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PASSED' ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor~Commlssioner
Attest:
Leslie K. DougallMSide
. Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7001-02
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Legal Description '
, LUZ 200~-05004
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,'. Lot 2, South Oaks Fashion Square; according to plat thereof recorded hi Plat Book ,101,
, Pages ,57 and 58, Pubiic Re'cords of Pinellas County, Florida, together with the interest
,:,of the, Owner in and to those certain eas'ements as set forth in that certain Agreement'
, ,; by ~nd between Booth Marketplace,,Jnc.. a Florida corp6ration,and fV1cMullen-Booth,
Ltd.~' a',Florida limited partnership, dated November, 22. 1988, recorded November 28,
1988, in Official 'Records Book 6884, Page 602, and amended by Amendment to ' ,
Agreement dated February 9, ,1989, recorded March 2. 1989, in Official Records Book'
, 694'7, Page 916. all in the Public Records of Pinellas County, Florida. '
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LAND USE PLAN MAP
OWNERS: Bayrldga Ap artm ants LLC CASE: LUZ 2002-06004
SITE: 3021 S.R. 590 rOPERTY SIZE (ACRES): 10.05
-
ZONINQ LAND USE PIN: 00- 29.16. 8434 3- 000.0020
FROM: IRT (ll) lnduetrro.t llmlhd
TO: MHDA (AH) Rooldonllll.1 High ATLAS 274A
PAGE: ,
Ordinance No. 7001-02
_.": \.
ORDINANCE NO. 70.92-02
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY lOCATED ON THE SOUTHEAST
CORNER OF S.R. 590 AND LANDMARK DRIVE, CONSISTING'
, OF LOT 2, SOUTH OAKS FASHIQ\J SQUARE, WHOSE POST
OFFICE ADDRESS IS 3021 S.R. 590, FROM INDUSTRIAL,
RESEARCH, TECHNOLOGY (IRD TO MEDIUM HIGH DENSITY
RESIDENTIAL (MHDR); PROVIDING AN EFFECTIVE DATE.
. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinana9 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
, Lot 2, South Oaks Fashion Square, according
To plat therE;!of recorded in Plat Book 101,
Pages 57 and 58, Public Records of Pinellas
County, Florida (LUZ 2002M05004)
ZoninQ District
From: Industrial, Research,'
Technology (IRT)
To: Medium High Density
Residential (MHDR)
S~.9tion 2. The City Engineer is directed to revise the zoning atlas of the City in
, accordance with the foregoing amendmert.
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Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use <;iesignation set forth in Ordinance 7001-02 by the Pinellas County Board
of County Commissioners, and subject to a determination by the Sete of Florida, as appropriate,
,of compliance with'the applicable requirements of the Local Government Comprehensive Planning
and land Development Regulation Act, pursuant to ~163.3189, Florida Statutes
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
i'
Brian J. Aungst
MayorMCommissloner
, "
Approved as to form:
Attest:
;. . l
Cynthia E. Goudeau
City Clerk
Ordinance No. 7002.02
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Legal'Descriptlon '
, 'L'uZ 2002-05004
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Lot 2),South Oaks Fashion Square, according to plat thereof recorded in Plat Book,1 01,
Pages 57 and 58, Public Records' of Plnellas,County, ,Florida, together with the Interest
"of the Owner in and to those certain easements as set forth in that certain Agreement
by and between Sooth Marketplace, Inc., a Florida corporation and McMutlen~Booth,
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1988, hi 9fficial Records Book 6884. Page 6021' and 'ame'hded by Amendment to ,'.
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. 6947"page 916, all in the P~blic Rec~rds o'f Plnellas County, Florida.
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HUMANE
SOCIETY
OF' NORTH
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ZONING MAP
OWNER: Bayrfdge Apar tments LLC I CASE: LUZ 2002-05004
-~----_..
- SIZE (ACRES): 10.05
SITE: 3021 S.R. 590 PROPERTY
ZONING LAND USE -l~~-..':"- 2'-1~~ 43.. :-...- 002.
FROM: un (IL) Induslrllll Llmltod .-
TO: ~mDn CAH) ROllldonl/al HIgh ATLAS ""'74 A
PAGE: 4;
Ordinunce No. 7002-02
.
Clearwater City
Commission
Agenda Cover
Memorandum
Worksesslon Item #:
{)U) ~
\ \
Final Agenda Itern #
Meeting Dote: 8.22.02
SUBJECT/RECOMMENDATION:
Rezoning of property at 1214 Franklin Circle (Lot 5. Block J. Hibiscus Garden In Section 15. Township 29
South. Range 15 East); Owner: Alpina Investment. Inc.; Representatlve: Marcel Ruetsche.
Motion: APPROVE a Zoning Atlas Amendment from Office (0) District to Medium Density Residential (MDR)
District for property located at 1214 Franklin Circle (Lot 5. Block J, Hibiscus Garden In Section 15. Township
29 South, Range 15 East) and PASS Ordinance 7006-02 on first reading.
[8J
and that Ihe appropriate officials be authorized 10 executa same.
(REZ 2002-05002)
SUMMARY:
The subject property is located 750 feet south of Cleveland Street and 300 feet east of Missouri
Avenue. This site is approximately 0.176 acres in area and is currently developed with an unfinished
single-family structure. The purpose of the zoning change Is to bring an existing use into conformity
with the Community Development Code. When initial development began on the property in 1998. it
was zoned Office Limited (OL) and the development was conforming. The OL zoning designation
was reclassified to the Office (0) District when the new Community Development Code was adopted
in 1999. The Office zoning district does not permit single-family dwellings outside of a mixed-use
district, therefore, the existing facility is a legal non-conforming use.
Currently, the subject site has a Future Land Use Plan designation of Residential/Office General.
The proposed Medium Density Residential (MDR) zoning district is consistent with this plan category.
This district permits 15 dwelling units per acre and the site density is compliant.
The Planning Department determined that the proposed rezoning is consistent with the following
standards specified in the Community Development Cede:
II The proposed rezoning application is consistent with the Comprehensive Plan.
. The proposed rezoning provides consistency between the City's zoning map and Future Land
Use Map.
. There will be no adverse impacts on public facilities and their level of service.
. The district boundaries are appropriately drawn with regard to locations and classificatlons of
streets. ownership lines, existing improvements and the natural environment.
. The potential range of uses and the specific proposed use are compatible with the surrounding
area.
Reviewed ~bY:
Legal
Budget
Info Srvc Nt A
Costs
Total NtA
Purchaslg N/A
RlskMgmt NI A
Public Works Nt A ,
DCM/ACM~
Other <.--r;;;
Funding Sourco:
Plann'"
Attachments
ORDINANCE NO. 7006.02
STAFF REPORT
Current FY N/A
CI
OP
Other
Submitted by: "":.) VI I J J.
Cl Mana er ~ ~
Prfnled on recycled paper
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The Community 'Development Board reviewed this proposed rezoning af its regularly scheduled
, meeting of March 19" 2002 and 'unanimously recomm~nded appre:val. ,
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eDD Meeting Date: July 23. 2002
Case No.: ' REZ 2002-05002
, Agenda Item No.: B2
" GENERAL INFORMATION
OWNER:
REPRESENTATIVE:
LOCA TION:
REQUEST:
, 'SITE INFORMATION
PROPERTY SIZE:
CITY OF CLEAR\V A TER
PLANNING DEPARTMENT
STAFF REPORT
, Alpina Investment, Inc.
Marcel Ruetsche
1214 Franklin Circle
,
I
, i
, Generally located 750 feet south of Cleveland Street and 300 feet east of ' I
Missouri Avenue.
To rezone from the Office (0) District to the Medium Density
Residential (MDR) District.
7.666 'square feet or 0.176 acres
PROPERTY DIMENSION: 65 feet wide by 118 feet depth m.o.!.
PROPERTY USE:
Current Use:
Proposed Use:
:'
PLAN CATEGORY:
Current Category:
Proposed Category:
,'ZONING DISTRICT: '
Current District:
Proposed District:
EXISTING, '
SURROUNDING USES:
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Unfinished Structure
Single-family residential
Residential I Office General
Residential! Office General
Office (0)
Medium Density Residential (MDR)
North: '
South:
East:
West:
Retail
Social! Community Center
Multi-family Residential & Single-family Residentiul
Child Care and Retail
S;\I'l.1nnlnc Dep:lllmenllC D 81Zoninc AlI~1 ^meoomcnl.llZ. 2002\Slarr RCpoIU\lWZ z002.0,OO2.1214 frJnkUn Cln:lc
COB - July 23.2002
REZ 2002-05002
Page 1 of 5
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ANALYSIS:
The subject site is located approximately 750 feet south of Cleveland Street and 300 feet cast of
Missouri Avenue in the. Office (0) District and is occupied by an unfinished. two story. single-family
structure, In 1998, a previous owner initiated the construction of the structure 011 a vacant lot, but
, abandoned the project prior to completion. When initial work begun on the property it was zoned
Office Limited (OL) under the City's previous zoning code and the proposed structure was
conforming, When the new Community Development Code was adopted in 1999. the property's
zoning designation was changed to the Office (0) District. The Office (0) District docs not permit
single-family dwellings outside of a mixed-use district; therefore, this property is now a legal, non-
conforming use. In order to bring this existing use into conformity with the Community Development
Code, the current owner. and applicant, is requesting to. rezone this property from the Office (0)
District to the Medium Density Residential (MDR) District so construction of the existing structure as
a single-family residential home may be completed. Currently, the subject has a Future Land Use Plan
designation of Residential/Oftice General. The proposed 'MDR zoning is consistent with this plan
category. This zoning district permits 15 dwelling units per acre and the site is developed at 2.6 units
per acre. The proposed rezoning would render this site conforming.
A. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4~602.F.l]
The applicable Goals. Objectives and Policies from the Clearwater Comprehensive Plan in Sllpport of
the proposed rezoning arc found in the Land Use and I-lousing Elements of the City Comprehensive
Plan as indicated below: '
.' 2.1 Objecti ve - The redevelopment of blighted, substandard, inefficient and/or
obsolete areas shall be a high priority and promoted through the implementation
of redevelopment and special area plans the construction of catalytic private
projects. city investment, and continued emphasis on property maintenance standards.
2.4 Objective - Compact urban development within the urban service area shall be
promoted through application of the Clearwater Community Development Code.
2.4.1 Objective - The development or redevelopment of small parcels [less than one (1) acre]
which are currently receiving an adequate Level of Service shall be specifically
encouraged by administration of land development and concurrency
management regulatory systems as a method of promoting urban infill.
3.2.1 Objective - Residential land uses shall be appropriately located on local and minor
collector streets; if appropriately buffered; they may be located on major collector and
arterial streets. Residential land uses shall be sited on well-drained soils, in
proximity to parks. schools, mass transit and other neighborhood-serving land uses.
13.1.1 Policy - Maintain sufficient residentially zoned acreage, of varying densities and
locations. to accommodate the existing and future housing needs of the City of
Clearwater.
, '
The Clearwater Comprehensive Plan and the Countywide Plan designates the site as Residential/Office
General. The intent of this designation is to depict those areas of the County that arc now developed or
S:\J'lunnlnt: Dcpartm.:nt\C 0 IJ\Zonlns Atla5 Anl(!ndIllCnlslZ. UlO2\Starr Reports\JWZ 2002-05002.1214 FranUln Clrclc
COB - July 23. 2002
REZ 2002.05002
Page 2 of' 5
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appropriate to be developed, in an office and/or medium density residenlialuse; nnd to recognize such
areas as primarily well-suited for mixed use of an office/residential character consistent with the
surrounding uses, transportation facilities and natural resource characteristics of such areas.
The primary uses in this plan category are residential and office uses while the secondary uses include
residential equivalent, institutional, transportation/uti Iity, public educational faci lity, personal
service/office support, ancillary non-residential and recreation/open space.
The applicant does not propose to change the Residential/Office General plan category. The proposed
MDR zoning district is consistent with the Residential/Office General Land Use Plan category. which
pennits a maximum density of 15 dwelling units per acre. It is also consistent in terms of the uses it
pennits. which include: community residential homes (up to 6 residents), detached dwellings, attached
dwellings,' community residential homes (up to. 14 residents), schools and utility/infrastntcture
facilities.
In summary, the proposed rezoning is consistent with the City's Comprehensive Plan both in the future
land use map and the goals and policies of the plan.
B. COMPA TIBILITY WITH SURROUNDING PROPERTY
[Section 4-602.F.2 and 4-602.F.4]
The subject site is bordered to the south and east by Medium Density Residential (MDR). The
property to the north is zoned Office (0), and the two properties to the west are zoned Commercial (C).
The proposed MDR zoning district penn its residential and residential equivalent uses that are
compatible with the surrounding zoning classifications, as well as the existing use.
Overwhelmingly, this Franklin Circle section of Clearwater is charucterized by multi-family and
single-family homes, small-scale office buildings, retail and commercial uses.. Office and retail uses
primarily characterize S. Missouri A venue to the west and Gulf-to-Bay Boulevard to the North.
Single-family and multi-family homes are located immediately to the east and south of the subject
property~ as well as office units. ,
C. CHARACTER OF THE CITY AND NEIGHBORHOOD [Section 4-602.F.3]
A mix of uses characterizes this neighborhood. Surrounding uses include multi-family residential,
single-family residential, a community center, a child daycare center and commercial and retail
properties. The proposed rezoning will be compatible with the surrounding uses and will not adversely
or unreasonably affect the use of other property within the vicinity.
D. CONSISTENCY WITH THE COMMUNITY DEVELOPMENT CODE AND CITY
REGULA TIONS
Single-family dwellings are permitted within the Medium Density Residential District provided all
dimensional requirements ure met. The Community Development Code pennits either attached or
detached dwellings in the MDR zoning district. A minimum lot urea of 5,000 square feet and n lot
width of 50 feet is required. The subject property has a lot area of 0.176 acres or 7.666 square feet and
, S:\J'Jannlnll Dcparllllenl\C D IllZolllnw Allal Arncndmr.:nlllZ. :!OO:!\Slarr RepMl\REZ :!OO:!.O,OO2.1214 FrunUln elICIt CDB - July 23. 2002
REZ 2002-05002
Page 3 of5
...
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a lot width of 65 feet which exceeds the minimum lot area and lot width requirements for the MDR
zoning district. Moreover, a review of the survey indicates that the site und building meet the
dimensional requirements of the MDR zoning district.
E. SUFFICIENCY OF PUBLIC FACILITIES [Section 4~602.F.5]
The subject site is approximately 0.176 acres and would allow for 2.6 dwelling units based on a
maximum density of 15 dwelling units pcr acre in the current Residential/Office General Plan
category. The existing site is presently developed with one (1) single-family structure, which is less
than what is permitted under the current land use plan category. Residential equivalent uses cannot
exceed un equivalent of 2.0 to 3.0 beds per pennitted dwelling unit at 15 dwelling units per acre. No
use in this proposed zoning district is pennitted to exceed a floor area ratio (FAR) of .50 or an
impervious surface ratio (ISR) of .75.
Roadways
The current level of service (LOS) for S. Missouri A venue, between Cleveland Street and Court Street
is LOS uD.tt Since no additional development is planned for this property and no change is proposed
in the underlying land use designation, the pl'Oposed rezoning will not degmde the City's current LOS.
Mass Transit
, .
The Citywide LOS for mass transit will not be affected by the rezoning~ The total miles of fixed route
service will not change. The subject site is located within v.. mile of an existing transit route; and
headways arc less than or equal to one hour. Pinellas Suncoast Transit Authority (PST A) bus service
is available along S. Missouri Avenue and Cleveland Street.
Water'
The City of Clearwater has been providing water service to the existing property since 1998 and will
continue to do so. The proposed rezoning will not affect the Cityls current LOS for water since there is
excess capacity.
\Vastewater
The proposed rezoniug will not add any additional gallons of wastewater to the existing demand. The
proposed rezoning will not affect the City's current LOS for wastewater since there is excess capacity.
Solid Waste
Under the proposed zoning district, there would be no additional solid waste generated per year on this
existing use. The proposed amendment will not affect the City's current LOS for solid waste disposal
since there is excess capacity.
Recreation and Open Space
There would be no increase to the existing permitted density; therefore, the proposed rezoning will not
impact the LOS of recreational acreage or facilities.
S:\I'lannlnc lkl'oIrlmellllC 0 IIIZ11nlnc ALIas ^mcndrnenl'lZ. 2()(J~\Slarr H~l'lllU\RHZ 2002.05002.1214 franklin Circle
COB - July 23, 2002
REZ 2002-05002
Page 4 of5
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F~ LOCATION OF DISTRICT BOUNDARIES [Section 4~602.F.6]
The location of the proposed Medium Densily Residential (MDR) District is consistent with the
underlying Future Land Use Plan designation of Residential/Office General (R/OG). The boundaries
are logical and the proposed district is compatible wilh the surrounding uses in' the area. The district
boundaries are appropriately drawn in regard to locations und classifications of streets, ownership lines
.and existing improvements. '
G. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement vioh:ltions or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS
, .,
The proposed Medium Density Residential (MDR) District is consistent with the City Comprehensive
Plan, is compatible with the surrounding area, does not conflict wilh the needs and character of the
neighborhood and ,City; docs not require nor affect the provision of the public services; and the
boundaries are appropriately drawn. '
, The'Planning' Department recommends APPROVAL of the following action on this application:
, '
~i .
Amend the zoning district designation of the subject property located at 1214 Franklin'
Circle from Office (0) to Medium Density Residential (MDR).
: '
Marc A. Mariano
Planner
, , ,
Attachments
Application
Aerial Photograph of Site and Vicinity,Map
LOcation Map
Zoning Map
Existing Surrounding Uses Map
Site Photographs Map
;,
S:\J'Jannlnl Dcparlmcnl\C D UlZonlna ^,llIS ^ nlCmllllCnulZ . W02\SllI rr ReJlllfls\REZ ;!OO2-U'OO2,J 214 Jtrnnklln Cln:le
COB - July 23, 2002
REZ 2002.05002
Page 5 of 5
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ZONING MAP
OWNER: Alplna Investment, Inc. J CASE: REi 2002-05002
----'-------.--1-'-------- .,-----------
SITE: 1214 Frank 110 Circle PROPERTY SIZE (ACRES): 0.176
----....... -
ZONING LAND USE PIN: 15.29-15-38574- 010- 0060
FROM: 0 R BlIldentlal 10fflco Goneral
___4________
TO: MDR AelldenU.1 IOfflco Generlll ATLAS 2879
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EXISTING SURROUNDING USES
OWNERS: Alplna Investment, Inc.
CASE: REZ 2002w05002
.__ -lPR~~-=R:Y ~~~E (ACRES): 0.176 ._
LAHD USE PINt 16-29.115-30574-010-00150
Rnldentlal JOWo. Genoral
ROIldonUa' JOUlo e Goneral
SITE: 1214 Franklin Circle
'ROM:
TO:
ZONING
o
MDR
ATLAS
PAGE:
267B
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Alpinl! Investment; Inc.
1214 Franklin Cirde
REZ 2002-05002
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PUBLIC wom<s ADMINISTRA'I'ION
ENGINEERING.
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ORDINANCE NO." 7006-02
AN' ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
AMENDING'THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED 750 FEET SOUTH OF
CLEVELAND STREET AND 300 FEET EAST OF MISSOURI
AVENUE. CONSISTING OF LOT 5. BLOCK J, HIBISCUS
GARDEN, WHOSE POST OFFICE ADDRESS IS 1214 FRANKLIN
CIRCLE," FROM OFFICE (0) TO MEDIUM DENSITY
,RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to ,be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now,' therefore,
, '
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER; FLORIDA:
, Section 1. , The following described property in Clearwater, Florica, is hereby rezoned, arid
the zoning atlas of the City is amended as follows:
, Property
, , Lot 5, Block J, Hibiscus Gardens, according to the
, Plat thereof recorded in Plat Book 14 Pages 55.;
59 inclusive, Public Records of Pinellas
(REZ 2002~05002)
Zonina District
From: Office (0)
To: Medium Density Residential
(MDR)
"
, ,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. '
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
I,
Brian J.Aungst
Mayor-Commissioner
Approved as to form:
Attest:
t
Leslie K. Dougall-SI
Assistant City Attorney
Cynthia E. Goudeau
, City Clerk
Ordinance No, 7006-02
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ZONING MAP
OWNER: Alplna Investment, Inc. J CASE: REZ 2002-05002
- ] PROPERTY
SITE: 1214 Franklin Circle SIZE (ACRES): 0.176
--
ZONING LAND USE PIN: 15. 29-15M 3 8514- 010- 0060
FROM: 0 ResIdential IOfflce Gonoral
..........-....-------.............------..--.------------
TO: MDR Residential fOfllco General ATLAS 2878
l PAGE:
Ordinance No. 7006-02
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'AGENDA
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08/22/02
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ORDINANCE NO. 6980-02
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY OF
CLEARWATER BY REZONING AND APPLYING THE ISLAND
ESTATES NEIGHBORHOOD CONSERVATION OVERLAY
DISTRICT AS AN OVERLAY DISTRICT IN ADDITION TO THE
EXISTING LOW MEDIUM DENSITY RESIDENTIAL, MEDIUM
DENSITY, RESIDENTIAL, MEDIUM _ HIGH DENSITY
RESIDENTIAL, HIGH DENSITY RESIDENTIAL, INSTITUTIONAL
. AND COMMERCIAL ZONING DISTRICTS FOR CERTAIN REAL
PROPERTY LOCATED WITHIN THE BOUNDARIES OF. ALL THE
LAND' IN CLEARWATER HARBOR, KNOWN AS ISLAND
ESTATES LYING NORTHERLY OF THE NORTHERLY RIGHT OF
WAY LINE OF MEMORIAL CAUSEWAY, LESS AND EXCEPT
THE FOLLOWING DESCRIBED TRACTS: (1) ALL OF BLOCK C,
AND LOTS 1-3, 71 9-13, BLOCK 0, AND THE WESTERLY 61
'FEET OF THE VACATED RIG.HT-OF-WAY OF DORY PAS,SAGE,
UNIT 5 ISLAND ESTATES OF CLEARWATER AS RECORDED IN
PLAT BOOK 51, PAGE ,34.. OF THE PUBLIC RECORDS OF
PINElLAS' COUNTY, FLORIDA; (2) BEGIN AT THE' MOST
EASTERLY CORNER OF LOT 13, BLOCK D OF UNIT 5 ISLAND
ESTATES OF CLEARWATER; AS RECORDED IN PLAT BOOK
~1, PAGE 34, OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA; THENCE N49023'41t1W, 100.00 FEET;
THENCE N04023'41'W, 71.42 FEET, TO A POINT ON A CURVE
,TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE,
HAVING A RADIUS OF 70.00 FEET, A CHORD BEARING OF
N7504T40"E, A CHORD LENGTH OF 23.86 FEET, 23.98 FEET;
THENCE S49023'41 liE, 136.75 FEET; T~ENCE S08012'32"E,
81.05 FEET; THENCE S40036'19''W, 16.63 FEET; THENCE
N49023'41"W, 61.00 FEET TO THE POINT OF BEGINNING; (3)
ISLAND YACHT CLUB CONDOMINIUM, AS RECORDED IN
'CONDOMINIUM PLAT BOOK 39, PAGE 74, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA; (4) THE LAND
BOUNDED ON THE NORTH BY DORY PASSAG'E, ON THE
SOUTH BY WINDWARD PASSAGE, ON THE WEST BY
LARBOARD WAY AND ON THE EAST BY ISLAND WAY;
PROVIDING AN EFFECTIVE DATE.
I~
Second Reading
WHEREAS the Island Estates neighborhood has developed the Island Estates'
Neighborhood Plan pursuant to Section 4-608 of the Clearwater Community I?evelcipment
Code; and' '
,I
, ,
Ord.' 6980.02
I"
I
WHEREAS, the City of Clearwater has approved the Island Estates Neighborhood
Plan In Resolution 02-23; and, ,
WHEREAS, the Island Estates Neighborhood Conservation Overlay District will
operate, in conjunction with and in addition to the underlying Low Medium Density
Residential, Medium Density Residential, Medium High Density Residential, High Density
Residential. Institutional and Commercial zoning districts by providing specific regulations
unique to Island Estates;
WHEREAS, the Community Development Board, pursuant to its responsibilities as
" the Local Planning Agency. has reviewed this amendment, conducted a public hearing to
consider all public testimony and has determined t~at this amendment is consistent with
the City,of Clearwater's Comprehensive Plan; and.
WHEREAS. the City Commission has fully considered the recommendation of the
Community Development Board and testimony at its public hearing; now therefore,
i
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER" FLORIDA:
Section 1. The fallowing described property in Clearwater, Florida, is hereby
rezoned, and the zoning atlas of the City is amended as follows:
Property
See attached Exhibit A
(Z 02-03':'02)
Zoninq District
From: Low Medium Density Residential (LMDR),
Medium Density Residential (MDR),
Medium High Density Residential (MHDR),
High Density Residential (HDR),
Institutional (I), and
Commercial (C)
Zoninq Map
See attached Exhibit 8
To: Low Medium Density Residential/Island Estates,
Neighborhood Conservation Overlay District
(LMDR/IENCOD),
Medium Density Residential/Island Estates ,
Neighborhood Conservation Overlay District
(M DR/I ENCOD),
Medium High Density Residential/Island Estates
Neighborhood Conservation Overlay District
, (MHDRIIENCOD), '
High Density Residential/Island Estates
Neighborhood Conservation Overlay District
(H DRII ENCO D) I
Institutional/Island Estates Neighborhood '
Conservation Overlay District (I/IENCOD), and
2
Ord. 6980-02
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Conservation' ,Overlay District (C/IENCOD)
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'Section 2. The 'City Manager or designee is directed'to revise the zoning atlas of
the City' in accordance with the foregoing amendment: '
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Section 3. ' This ordinance shall take effect on September @, 200:2'.
"
, 'PASSED' ON FIRST READING'
" PASSED ON SECOND AND FINAL
READING AND ADOPTED
August 8~ 2002
"
Brian J. Aungst
, Mayor-Commissioner
I '
"
Approved as to form:
Attest:
, Leslie K: Dougall-Si e
, ,Ass"isb;uit City Attorney
, Cynthia E. Goudeau
City Clerk,
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Ord. 6980-02
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'Tract A I, Coachman Ridge Subdivision, according to lhe map or plat thereof as recorded
in Pint Book 83, pages 62 through 64, of the Public Records of Pinellas County, Florida,
LESS und EXCEPT the following described ~ract: ^ parl of the Lot ] 45A as shown on
, the Plat of Coachman Ridge, Tmct ^ I as recorded in Plat Book 83, pages 62, 63 and 64
of th~ Public Records of Pinel1as County, Florida, being more particularly described as
follows: Begin nt the most northwesterly corner of Lot' ]45A as shown on said Plat of
Coachmnn'Ridge, Trnct A I and go S 8] 032' 09" E, 50.22 feet, along the North boundary
. . . .
of said' Plat and Lot 14~A; thence S 560.57' 09" E, 56.00 feet, along said ,North.
bo~ndary; thence S 080 56' 51" E, 60.55 feet, along the easterly' boundary of said Lot,
145A; thence S 880 54' 58" W, 111.49 feet,lo a point on the westerly boundary of said
, ,
~ot 145A; thence N 030 07' 13" E, 100.00 feet, along said westerly boundary to the
P.O.B.; And that part of said Lot 145A described as follows: Conltnenceat the most
northwesterly corner of said Lot ]45A and go S 030 07' 13" W, 100.00 feet, along the
westerly boundary of said Lot 145A to the P,O.B.; thence N 880 54' 58" E, 1.00 feet;
thence S 030 07' ]3" W, 77J5 feet, to a point on the southwesterly bo'undary of said Lot
145A; thence N 220 38' 29" \V, 2.30 fcctt along said southwesterly boundary to a point
on the westerly boundary of said LO,t ]45A; thence N 030 07' 13" E, 75.00 feet, along
'said westerly boundary to the P.O,S.; AND Tract A II, Coachman Ridge Subdivision,
according to the map or plat thereof-as recorde~ in Plat Book 85t pages 57 and 58 of the
Public Records of Pinellas County, Florida;' AND 'Tract A III, Coachman Ridge
Subdivision,'according to the map or plat 'thereof as recorded in Plat Book 88, page 73 of
the Public Records ofPincllas County, Florida. '
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Exhibit U A"
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Ordinance No. '6980-02
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EXISTING ZONING MAP
OWNER: Island Estates Residents CASE: Z 02~O3-02
SITE: , Island Estates NeOD I PROPERTY SIZE (ACRES): 210 m.o.1.
ZONING l.AND USE PIN: N/A
FROM: LMDR,MDR,MHDR,HOR,C, 1 No Change
TO: ' ' LMDR/IENCOo,MDRIIENCOO.C/IENCOD No Change. ATl.AS 249B,268A,2588.26TB, &
MHO R IIENeo D J HD R/IEN C 00 ,lit ENC 00 PAGE: 26BA,276B,211 A
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PROPOSED ZONING MAP
OWNER: Island Estates Residents CASE: Z 02-03-02
- r PRO~ERTY
SITE: Island Estates NCOD SIZE (ACRES): 210 m.o.1.
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ZONING LAND USE PIN: N/A
FROM: LMDR,MDR,MHDRtHDR,C, I No Chango ----
TO: LMD R'lENCOD,MDR/IENCOD, C/IENC 00 No Chlln\lo ATLAS 24DB,268A,2S8e,267B &.
MHDRIIENCODtHDR/lENC OO,I/IENC OD PAGE: 26BA,276B,277 ^
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Second Reading
ORDINANCE NO. 6981-02
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE;
AMENDING ARTICLE 2. ZONING DISTRICTS, BY CREATING
,SECTION 2~1602, ISLAND ESTATES NEIGHBORHOOD
CONSERVATION OVERLAY DISTRICT, WHICH ESTABLISHES
ADDITIONAL DEVELOPMENT STANDARDS TO BE APPLIED
ONLY IN ,THE ISLAND ESTATES NEIGHBORHOOD
CONSERVATION OVERLAY DISTRICT; PROVIDING AN
EFFECTIVE DATE
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WHEREAS. the Island Estates neighborhood has developed the Island Estates
Neighborhood Plan pursuant to Community Development Code Section, 4-608, which
supports' additional code requirements to implement the Plan; and
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WHEREAS. the City of Clearwater has approved the Island Estates Neighborhood
,Plan hi Resolution No. 02-23; and
WHEREAS, the City of Clearwater has determined that additional standards shall
, ~e applied to the Island Estates neighborhood to implement such plan; and
WHEREAS, the residents of Island Estates voted on certain additional standards
that shall be applied to the Island Estates neighborhood to implement such plan; and
WHEREAS, the Island Estates neighborhood via the Island Estates Civic
Association has committed to be a partner with the City in implementing the provisions 0'1
this overlay district by committing to educating, neighborhood property owners of the
, overlay district requirements and providing the initial means of enforcement of any violation
of the requirements of the overlay district pursuant to Community Development Code
Section 4-608(E); and
WHEREAS, the Community Development Board. pursuant to its responsibilities as
the Local Planning Agency, has reviewed this amendment, conducted a public hearing to
consider all public testimony and has determined that this amendment is consistent with
the City of Clearwater's Comprehensive Plan; and
WHEREAS, the City Commission has fully considered the recommendation of the
Community Development Board and testimony submitted at its public hearing; now,
therefore,
BE' IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER. FLORIDA:
Ordinance No, 6961.02
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Section 'J. Article 21, Zoning Districts, Division 16, Section 2-1602 Island
Estates Neighborhood Conservation Overlay District is 11ereby created containing the
following provisions.
2-1602 Island Estates Nei~hborhood Conservation Overlay District.
A. Intent and Purpose. The Island Estates NeiQhborhood Plan was developed in
response to neiqhborhood needs and approved by the City Commission on AUQust
8, 2002 to provide quidance and policy direction for all public and private actions
within and in the vicinitY--2LJhe Island Estates neiqhborhood. The intent and
purpose of the Island Estates Neiqhborhood Conservation Overlay District
(fENCOD) is to provide overlay requirements to ensure that infill and redevelopment
activities are consistent with the protection of the existinq established character
within the district and to protect the health, safety and qeneral welfare of the district.
Development and redevelopment shall be reviewed for consistency with the Island
Estates Neiqhborhood Plan. Any development requestinq. flexibility from the
minimum development standards of the IENCOD shall be consistent with the Island
Estates Neiqhborhood Plan.
B. Jurisdictional Boundaries. The Island Estates Neiqhborhood Conservation Overlay
District (fENCOD) shall be consistent with the boundaries of all the land in'
Clearwater Harbor, known as Island Estates Iyin!:) northerly of the northerly riqht of
way line of Memorial Causeway, less and except the followinq described tracts: (1)
All of Block C. and Lots 1-3, 7, 9':13, Block 0, and the westerly 61 feet of the
vacated riqht-of-way of Dory Passaqe, Unit 5 Island Estates of ClealWater as
recorded in Plat Book 51, Paqe 34, of the Public Records of Pinellas County,
Florida'; (2) Beqin at the most easterly corner of Lot 13, Block D of Unit 5 Island
Estates of Clearwater: as recorded in Plat Book 51, Pa!:)e 34, of the Public Records
of Pinellas County, Florida: thence N49D23'41"W, 100.00 feet: thence N04D23'41"W,
71.42 feet. to a point on a curve to the left; thence alan!:) the arc of said curve,
havinq a radius of 70.00 feet, a chord bearing of N75047'40"E, a chord lenqth of
23.86 feet. 23.98 feet: thence S49D23t41 liE, 136.75 feet: thence S08D12132"E. 81.05
feet: thence S40D36'191lW, 16.63 feet: thence N49D23'41"W, 61.00 feet to the Point
of Beainninq: (3) Island Yacht Club Condominium. as recorded in Condominium Plat
Baal< 39. Page 74, of the Public Records of Pinel1as County, Florida: (4) the land
bounded on the north by Dory Passage, on the south by Windward Passage, on the
west by Larboard Way and on the east by- Island Way.
C. Relationship to Underlving Districts and Other Provisions of the Community
Development Code. The desianation of the Island Estates Neighborhood
Conservation Overlay District on the zoninq atlas provides requirements in addition
to those contained in the Low Medium Density Residential. Medium Densitv
Residential, Medium High Densitv Residential, High Density Residential, Institutional
and Commercial Districts. The Rrovisions contained herein shalluQovern in this
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Ordinance No. 6081.02
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overlav district onlv. Issues not specifically addressed in this overlay district shall be
Qoverned bV the remalninq provisions of this Communltv Development Code.
, D. Minimum standard development for areas zoned ,LMDR/IENCOD. The following
~ are Level One permitted uses in the LMDR/IENCOD District subiect to the
minimum standards set out in this Section, and other applicable provisions of Article
3.
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Table 2-1601 (D). IILMDR/IENCOD" Minimum Develop-ment
Min. Lot Min. Lot Max. , Min. Off-
Use Area Width Min. Setbacks (ft.) Heiqht Street
~f1J. ([1J (ft 1-(11 Parkinq
Front Side Rear (2J.
. Accessory
pools and
screen
~nclosures ~ 10
Community
Residential
Homes (up tq 7.500 50' 25 7,5 .1Q 30 2/unit
6 residents)
Detached
DwellinQs 7,500 5Q .?5 7.5 15 30 2/unit
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(1) In special flood hazard areas deslanated by the National Flood Insurance Proqram, maximum heiQht
is measured above base flood elevatlon,
(2) Anv pool exceedln!:! 1 foot in helqht above qrade shall complv with the required rear setback for the
principal structure, Waterfront detached dwellinas in the LMDR/IENCOD District shQuld be 25 feet
except as provided In Article 3. DivIsion 8, Section 3-805 and Division 9, Section 3-904 and except
where adJacent structures on either side of the Rarcel proposed for development are setback 20 feet'
and then the rear setback shall be 20 feet. The Buildinq Code may require the rear setback to be at
least 18 feet from a seawall.
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Ordinance No. 6961-02 "
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E. Flexible standard 'development for areas zoned LMDR/IENCOD. The followinQ
LeVel One uses are permitted in the LMDR/IENCOD District subiect to the standards
and criteria set out in this Section and other aQQlicable requlations in Article 3.
Table 2-1601(E). "LMDRIlENCOD" Flexible Standard Dovelopment
Min. Lot Min. Lot Max, Min. Off~
Use Area Width Min, Setbacks (ft.) Heiqht Street
[gUjJ (flJ (ft) (1) Parking
Front ~ide ' Rear (2)
Detached 7,500 50 15-2q , 7.5 5 - 15 30 2/unit
DwellinQs
Residential Infill nla nla 15~25 3-7.5 5 - 1.2 30 2/unit
Proiect (3)
Utilitvl
Infrastructure nla nla 25 10 ~ nm nla
Facilities (4)
(1) In special flood hazard areas desiqnated by the National Flood Insurance Proqram. maximum helqht
is'measured above base flood elevation,
(2) Any pool exceed!n!:! 1 foot In hel!:!ht above grade shall comp-IY wJth the required rear setback for the
principal structure. Waterfront detached dwellinqs in LMDR/IENCOD District should be 25 feet except
as provided In Article 3. DIvision 8. Section 3-805 and Division 9. Section 3.904 and except where
adiacent structures on either side of the parcel proposed for development are setback 20 feet and
then the rear setback shall be 20 feet. The Bulldinq Code may require the rear setback to be at least
, 18 feet from a seawall.
(3) The development standards for residential Infill proiects are quldelines and may be varied based on
'the crlleria speclned In Section 2-1602.E.2. ,
(4) Utility/Infrastructure uses shall not exceed three acres, Any such use, alone or when added to
contiQuous Ilke uses which exceed three acres shall require a land use...Qlan map amendment to
transportation/utility which shall Include such uses and all contiQuous like uses,
Flexibilitv criteria:
1. Detached Dwellin~
a. The development or, redevelopment of the parcel ,proposed for
development is consistent with the Island Estates NeiQhborhood Plan.
, b. Front setback:
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Ordinance No. 6981-02
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i. A determination of the. front setback shall consider the extent to
which existino structures in the neiohborhood' have been
constructed to a reoular or unif?rm setback from the rioht-of-wav.~
ii. The reduction in front setback will not adversely affect adiacent
property values: '
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iiL The' reduction in front setback is consistent with neiohborhood
character:
iv. The reduction in front setback results in an efficient hOllse layout.
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C. Rear setback:
i. ,The reduction in rear setback will allow for the preservation of
existino veoetation which could not otherwise be preserved: or
ii. The reduction in rear setback will allow the development or
redevelopment of a substandard lot which -would otherwise not be
feasible: or
m. The reduction in rear setback results in an efficient house layout;
and
iv. The structures located within the rear setback otherwise required in
the LMDRIJENCOD District are buffered with landscape material or
fences to protect the privacy and value of adiacent properties.
2. Residential intil/.
a. The development or redevelopment of the parcel proposed for
development is consistent with the Island Estates NelQhborhood Plan;
b. Sinole-familv'detached dwellinos and community residential homes with,
six (6) or fewer residents are the. onlv permitted uses eliQible for
residential infill proiect application:
c. The development or 'redevelQRment of the parcel proposed for
development is otherwise impractical without deviations from the intensity
and other development standards:
d. Jhedevelopment of a parcel proposed for development as a residential
'infill proiect will not materially. reduce the fair market value of abuttino
properties:
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Ordinance No. 6981-02
e. The uses within the residential infill proiect are compatible with adiacent
land uses:
,f. The development of the parcel proposed for development as a residential
jnfill proiect will uPQrade the immediate vicinity of the parcel proposed for
development:
g. 'The desian of the proposed residential infill proiect creates a form and'
function which enhances the community character of the immediate
vicinity of the parcel proposed for development and the City of Clearwater
as a whole: and '
h. Flexibility in reQard to lot width, required setbacks, heiqht. off-street
parkinQ, access or other development standards is' iustified by the benefits
to community character and the immediate vicinity of the parcel proposed
, for development and the' City of Clearwater as a whole.
3. Utilitv/infrastructure facilities.
,a,' The development' or redevelopment of the parcel proposed' for
development is consistent with the Island Estates NeiQhborhood Plan:
b. The sitina and screenina of the proposed utility/infrastructure facilhy
protects the established character of the Island Estates neiQhborhood:
c. No above around structures are located adiacent to a street rjQht~of~way:
and
d. 'Any above around structure other than permitted telecommunications
towers and utility distribution lines located on or alonQ a rear lot line shall
be screened from view by a landscaped opaque wall or fence which is at
least two-thirds the heiQht of the above around structure and shall be
landscaped with trees and hedges which five years after installation will
substantially obscure the fence or wall and the above around structure,
F. Flexible development for areas zoned LMDRIIENCOD. The' fol1owinQ Level Two
uses 81'e permitted in the LMDRIIENCOD District subiect to the standards and
criteria set out in this Section and other applicable regulations in Article 3.
Table 2M1601 (E), "LMDR/I ENCOD" Flexible Devehmment
Min.l:..Q1 Min. Lot Max, Mill. Off-,
Use Area Width Min. Setbacks (ft,) Hfliqhf Street
~q. f/,l ([JJ m~L (1) Parkjng
Front I Side I Rear (2)
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Ordinance No. 6981-02
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Detached 4,500 ~ 25 . 50 15..=-25 3 -7,5 5 - 15 30 2/unl~
DwellinQs 7,500
Residential Infill n/a n/a 10.25 0-7,5 0-15 3Q 1/unit
Proiect (3)
(1) In special flood hazard areas designated by the National Flood Insurance Proqram, maximum height
is measured above base flood elevation.
(2) Any pool exceeding 1 foot in height above grade shall comply with the reqUired rear setback for the
principal structure. Waterfront detached dwellinas In LMDR/IENCOD District should be 25 feet except
as provided in Article 3. Division 8. Section 3-805 and Division 9, Section 3-904 and exceQt where
adiacent structures on either side of the parcel Qroposed for development are setback 20 feet ant:!
then the rear setback shall be 20 feet. The BUilding Code may require the rear setback to be at least
18 feet from a seawall, ,
(3) The development standards for residential infill proiects are guidelines and may be varied based on
, the criteria specified in Section 2-1602.F.2.
Flexibilitv criteria:
1. Detached Dwellinas.
a. The development or redevelopment of the parcel proposed for
development is consistent with the Island Estates Neiqhborhood Plan:
b. Minimum lot size per dwel1inQ of less than 7.500 square feet is an existinQ
lot or a lot size of less than 7,500 square feet is necessary to the
development or redevelopment of a vacant lot which would otherwise not
be economically feasible:
c. The volume to lot size ratio of the structures to be developed on the lot is
not more than ten percent qreater than the averaqe volume to lot size
ratio of all existinq structures located on the same local street and within
a 700 feet radius of the lot:
d. Front setback:
i. The existinq structures alonQ the same side of the road have been
constructed with irreQular setbacks and the proposed reduction in
. front setback will not be out of character with the nejQhborhood~ .
ii. The extent to which existinQ structures in the neighborhood have
been constructed to a reQular or uniform setbacl< from the riQht-of-
way;
iii. The reduction in front setback will not adverselv affect adiacent
Qroperty value~
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Ordinance No, 6981-02
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e. Rear setback:
i. The reduction in rear setback will allow for the preservation of
existinQ veQetation which could not otherwise be preserved;
, ii. The reductio'n in rear setback wlll allow the development or
redevelopment of a substandard structure which would otherwise
not be feasible; or ,
iii. The reduction in rear setback will result in an efficient house layout.
f. Side setback: The reduction in side setback will allow for the preservation
of existinq veqetation that could not otherwise be preserved.
2. ResidentiallnfiJl. '
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a. The development or redevelopment' of the parcel proposed for
development is consistent with the Island Estates Neiqhborhood Plan:,
'b. Sinqle-family detached dwellinqs and community residential homes with
six (6) or fewer residents are the only permitted uses eliqible for
residential infill proiect applicatiem.;,
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c. The development or redevelopment of th1L-P.arcel proposed for
development is otherwise impractical without deviations from the intensity
and other development standard~
d. The development of a parcel proposed for development as a residential
infill proiect will not materially reduce the fair market value of abuttinq
properties;
e. The uses within the residential infill proiect are compatible with adiacent
land uses;
f. The development of the parcel proposed for development as a residential
infill proiect will upqrade the immediate vicinity of the parcel proposed for
development:
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g. The desiqn of the proposed residential infill proiect creates a form and
function which enhances the community character of the immediate
vicinity of the parcel proposed for development and the City of Clearwater
as a whole: and
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Ordinance No. 6981-02
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h. Flexibility in regard to lot width, reguired setbacks, heiaht, off-street
Qarkinq, access or other qevelopment standards is iustified by. the benefits
to community character and the immediate vicinity of the parcel proposed
for development and the City of ClealWater as a whole.
G. Additional development standards for sinGle~family areas zoned LMDR/IENCOD
1. Parking on Landscaped Areas. The parkinq of any type of vehicle, trailer, boat,
personal watercraft, recreational vehicle, or any other similar vehicle shall be
: prohibited on qrass or any other landscaped area;
2. Fences.
a. Fences shall 'not exceed '6 feet in heioht between any portion of the
principal structure and any side lot line:
b. All fences between the rear buildinq setback line and the seawall shall be'
non-opaque (see-throuqh);
3. Landscaping Requirements. Use of oravel. stones, cinders and other similar
material in any yard shall be prohibited unless included as an inteoral. but minor,
element at a landscapinq plan: and
4. Outdoor StoraGe. The storaoe of commercial fishinq and crabbinq equipment
shall be prohibited outdoors on any residential property.
H. Additional development standards for multi-family areas zoned MDR/IENCOD,
, MHDR/IENCOD, HDR/IENCOD and C/IENCOD.
1. . Parking.
a. The parkino of any type of vehicle, trailer, boat, personal watercraft.
recreational vehicle, or any other similar vehicle shall be prohibited on
orass or any other landscaped area.
b. All boats, personal watercraft, recreation vehicles. trailers, commercial
vehicles, race cars. dune buqqies, farm equipment, 00 karts, ATV's or
other similar vehicles shall be prohibited to be parked between any portion
ot the principal structure and any right-at-way line. The temporary parkinq
of such vehicles within the front setback shall be permitted for no more
than four (4) consecutive days no more than twice a month. Commercial
vehicles may be parked between any portion of the principal structure and
any riaht-ot-way line in multi~family areas if onsile to actively conduct
business on the premises. ParkinG of personal automobiles and
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Ordinance No. 6981-02
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, motorcycles shall be permitted between any 'portion of the principal
,structure and any right-of-way line.
2. Fences.
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a. Fences shall not exceed 6 feet in heiaht between any portion of the
principal structure and any side lot line.
b. All fences between the rear buildinq setback line and the seawall shall be
non-opaque (see-throuQ!1l
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a. ,Use of aravel. stones. cinders and other similar material in any yard shall
be prohibited unless included as an inteqral. but minor. element of a
landscapino plan.
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b. Twenty-five percent (25%) of the area between any portion' of the principal
structure and any riqht-of-wav line shall be landscaped.
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'4. " Outdoor Storaae., The storaoe of commercial fishinq and crabbinq equipment,
shall be prohibited outdoors on a'nv residential property.
I., ,Additional development standards for areas zoned lilENCOD,
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'1. Landscapina Requirements. Use of qravel, stones. cinders and other similar
material in any yard shall be prohibited unless included as an inteqral. but minor,
element of a landscapinq plan.
Sectio'n 2. This ordinance shall take effect on September 9. 2002.
PASSED ON FIRST READING
August 8, 2002
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Ordinance No. 6981!02
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PASSED ON SECOND AND FINAL'
READING AND ADOPTED
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Leslie K.' Dougall-Sid 5
,~ssistant ,?,ity Attorney
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Brian J: Aungst
Mayor-Commissioner
Attest: '
Cynthia E. Goudeau
City Clerk' '
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Ordlnarlce No. 6981.02,
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Second Reading
ORDINANCE NO. 6999~02
AN'ORDINANCE OF THE CllY OF CLEARWATER.
FLORIDA,' RELATING TO FORTUNE TELLING.
PHRENOLOGY, . PALMISTRY, ASTROLOGY.
CLAIRVOYANCE, DIVINE HEALING, AND MENTAL
HEALING; REPEALING SECTION 21.04, CODE OF
ORDINANCES; PROVIDING AN EFFECTIVE, DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CllY OF CLEARWATER. FLORIDA
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Section 1. ' Section 21.04) Code of Ordinance) which reads as follows,
'. " is hereby repealed:
Section 21.04. Fortuhetelling, etc.
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It shall be unlawful for any person to engage in the business of. fortuneteller,' '
;' ' phrenologist, palmist, astrologer) character reader, clairvoyant, divine healer or
,mental healer for hire in the city. '
Section 2. ~his ordinance shall take effect immediately upon adoption.
, PASSED ON FIRST READING
August 8. 2002
PASSED ON SECOND ,AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Ratvf~. ))~JV./i;
Robert J. urette '
Assi~tant City Attorney
, Attest:
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Cynthia E. Goudeau
City Clerk
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Ordinance No.,6999-02
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Second Reading
ORDINANCE NO. 7007-0~
'AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
AMENDING CHAPTER 33, SECTION' 33.067, CODE OF
ORDINANCES, RELATING TO WATERWAYS AND VESSELS,
TO CREATE A NEW SUBSECTION (11) TO ADD A NEW
DEFINED AREA FOR SPEED RESTRICTIONS OF VESSELS AT
ISLAND ESTATES - WINDWARD ISLAND; PROVIDING AN,
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER. FLORIDA:
Section 1. Sectiol1 33.067, code of Ordinances. is amended by creating a new
subsection '(11) to read:
Sec. 33.067. 'Same-Areas defined.
(11) Slow down - minimum wake zone; Windward Island. All waters in
the following described area are designated as a slow speed ~ minimum wake zone:
B~gin at a point approximately on Palm Island SE. located at 27 degrees 59 minutes 07
seconds north, 82 degrees 48 minutes 46 seconds west. then in a southerly direction
1,600 ,yards. more or less, to Private Aids number "5" - 27 degrees 58 minutes 22
, seconds north, 82 degrees 48' minutes 35 seconds west, then in a we,sterly direction to
Windward Island and northerly in direction along the shoreline to Palm Island SE, then
approximately 75 yards east from the shoreline to the point of beginning.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
August 8, 2002
PASSED ON SECOND AND FINAL
READING AND ADOPTED
, "
: "
Brian J. Aungst
Mayor-Commissioner
, ,
Attest:
Cynthia E. Goudeau
City Clerk
.: . I
Ordinance No. 7007.02
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Second Reading
ORDINANCE NO. 7016~02
AN ORDINANCE AMENDING ORDINANCE NO. 6675~01 OF
THE CITY OF CLEARWATER, FLORIDA, ENTITLED: "AN
ORDINANCE PROVIDING FOR,CITY OF CLEARWATER,
. FLORIDA, REVENUE BONDS (SPRING TRAINING
FACILITY), SERIES 2001" TO BE ISSUED IN ONE OR MORE
SERIES; PROVIDING FOR THE PAYMENT OF THE BONDS
SOLELY FROM' THE INTERLOCAL AGREEMENT
PAYMENTS TO, BE MADE BY PINELLAS COUNTY,
FLORIDA AND REVENUES TO BE RECEIVED BYTHE CITY
FROM THE STATE OF FLORIDA PURSUANT TO SECTION
288.1162, FLORIDA STATUTES; PROVIDING FOR THE
RIGHTS OF THE HOLDERS OF SUCH BONDS; MAKING
CERTAIN OTHER ,COVENANTS AND AGREEMENTS IN
CONNECTION THEREWITH; PROVIDING CERTAIN OTHER
MA TIERS IN CONNECTION THEREWITH; AND PROVIDING
AN EFFECTIVE DATE/' IN ORDER TO PROVIDE FOR THE
USE OF CERTAIN REVENUES OF THE CITY TO PAY A
PORTION OF THE BOND DEBT SERVICE REQUIREMENTS
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
,SECTION 1. AUTHORITY FOR THIS ORDINANCE. This Ordinance is enacted
pursuant to Chapter 166, Part II, Florida Statutes, the Charter of the City of Clearwater and
other applicable provisions of law.
SECTION 2. AMENDING ORDINANCE 6675~01. The following sections of
Ordinance 6675~01 are hereby amended to read as follows:
A. Section 2 is hereby amended by amending the following definitions to read as
'follows: '
"Pledged Revenuesll shall mean collectively, (i) the County Payments,
(II) the State Payments, (Iii) any City revenues added as an additional
paymentsource for all or any portion of the annual debt service on the Bonds
or to support any Insurance agreement to the extent required by the provider
of any municipal bond Insurance for the Bonds as set forth in a supplemental
resolution adopted. by the City prior to the Issuance of the Bonds. and (iv)
Ordinance 7016-02
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any investment income realized on any funds held under this Ordinance,
except the Rebate Fund.'
B. Section 3(0) is hereby amended to read as follows:
D. No funds (including but not limited to ad valorem tax revenues of
the City) or property of the City (other than as set forth in a subsequent
resolution adopted by the City prior to the issuance of the Bonds) will be
pledged to the repayme~t of the Bonds, and no property of the City will be
pledged to secure the Bonds, and the Bonds will be secured solely by, and
repayable solely from the Pledged Revenues.
C. Section 15 is hereby amended to read as follows:
SECTION 15. PLEDGED REVENUES. Until payment has been pro-
vided for as herein permitted, the payment of the principal of and interest on
the Bonds shall be secured forthwith equally and ratably by an irrevocable
lien on the Pledged Revenues prior and superior to all other liens or
encumbrances on such Pledged Revenues and the Issuer does hereby
irrevocably pledge such Pledged Revenues to the payment of the principal of
and interest on the Bonds, the reserves therefor, and for all other required
payments; The Pledged Revenues shall immediately be subject to the lien of
this pledge without any physical delivery thereof or further act, and the lien of
this pledge shall be valid and binding as against all parties having claims of
any kind in tort, contract or otherwise against the Issuer. All funds and
accounts created pursuant hereto shall be held by the Financial Services
, Administrator (or such other officer of the Issuer as shall be approved by the
City Commission) as trust funds for payment of the Bonds. In order to obtain
municipal bond insurance for the Bonds, the City, by subsequent resolution
adopted prior to the issuance of the Bonds, may pledge revenues of the City
as specified in such subsequent resolution, to provide for or to further secure
the payment of all or any portion of the annual debt service on the Bonds.
D. Section 16 is hereby amended to read as follows:
, SECTION 16. CREATION OF'FUNDS AND ACCOUNTS. There is
hereby created the following funds and accounts:
a. Revenue Fund, and within the Revenue Fund, the County
Payments Account, the State Payments Account, to the extent any City
revenues are pledged by subsequent resolution, the City Payments Account'
and the Investment Account;
b. Construction Fund, and within the Construction Fund, a Project
Account and a Cost of Issuance Account;
Ordinance 7016-02
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c. Debt Service Fund, and within the Debt' Service Fund. an Interest
Account, ,a Principal Account, Bond Amortization Account and a Reserve
~ccount: and,
d. Rebate Fund.
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, The designation and establishment of the various funds and accounts
,in and by this Ordinance shall not be construed to require the establishment
of any completely independent, self-balancing funds as such term is
commonly defined' and used in governmental accounting, bu~ rather is
intended solely to constitute an earmarking 9f certain revenues and assets
for certain purposes and to establish certain priorities for application of such
revenues and assets. as. herein provided.
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E.' Section'17(A) is hereby amended to read as fo"o~s:
A. REVENUE FUND. The County Payments, the State Payments
and any City revenues shall upon receipt thereof be deposited in the County,
, Payment Acco'unt, the State, Payment Account, or the' City Payments
Account, respectively, in the Revenue Fund. Such Revenue Fund shall
constitute a trust, fund for the purposes herein provided and shall be kept
separate and distinct from all other funds of the Issuer and used only for the
, purposes and i,n the manner herein provided.
, , SECTION 3. PUBLIC NOTICE. Notice of the proposed enactment of this
Ordinance has been properly advertised in a newspaper of general circulation in
accordance with Chapter 166.041, Florida Statutes.
Ordinance 7016.02
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SECTION. 4. EFFECTIVE DATE~ The provisions of this Ordinance shall take
effect upon its enactment, as required by law. ,
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PASSED ON FIRST READING
,PASSED ON SECOND AND FINAL'
READING AND ADOPTED.
AUgllRt R
,2002
, ,2002
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Brian J. Aungst ,
',' Mayor-Commiss!oner
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. l1rias I~form:
Pamela K.. Akin
City Attorney , ,
Cynthia E., Goudeau
~Ity CI~rk .. '
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'OrdInance' 7016-02
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Second Reading
ORDINANCE NO. 7017-02
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE NEIGHBORHOOD AND AFFORDABLE
HOUSING ADVISORY BOARD OF THE CITY OF CLEARWATER;
AMENDING SECTION 2.226 TO REDUCE THE NUMBER OF
MEMBERS TO SEVEN AND CONSOLIDATING MEMBER
REPRESENTATION; AMENDING SECTION 2.227 PROVIDING FOR
THE NUMBER OF MEMBERS NECESSARY FOR A QUORUM; AND
AMENDING SECTION 2.228 PROVIDING CLARIFICATION ON
HOUSING AND COMMUNITY DEVELOPMENT GRANT FUNDS THE
CITY RECEIVES; PROVIDING AN EFFECTIVE DATE.
WHEREASt the proposed amendments are necessary to more effectively and
efficiently carry out the duties and powers of the Neighborhood and Affordable Housing
Advisory Board; and,
WHEREAS; the original code required a nine (9) member board to 'carry out the
duties of the board; and, '
, ,
, WHEREAS, the proposed amendments reduce the number of board members to
seven (7) Clearwater residents representing various backgrounds relating to housing and
community, development and provides for the number of members necessary for a quorum;
now, thereforet
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARVVATER,
FLORIDA:
Section 1. Sections 2.226 through 2.228, Code of Ordinances, are amended to read
as follows: ' '
Sec. 2.226. Creationj membership.
(1) There is hereby created and established the Neighborhood and Affordable
Housing Advisory Board of the City of Clearwater.
(2) The board shall consist of seven RiAe members who are residents of the city.
Members shall be appointed by the city commission. The board shall Include the following:
1. One citizen who is actively engaged in the residential building industry and/or
, , those areas of labor engaged in residential buildinQ indus!tY.
2. One citizen who is actively engaged in the banking or mortgage industry.
3. GRe.Gitizen-who-i~.epresentative.of-those-areas-o~iaboF-engaged-in-home
, ,buUdintp
Ordinance 7017-02
, ~4,. One citizen who,is designated as an advocate for low income persons.
15. One citizen who is a pro~jder of affordable housing and/of a real estate
I~fofesslonal.
~ GAEH;itizefl--Whe.is-a-real-estat8;)f{)fessional..
,g7. One citizen who Is a resident of the one of the City's Neighborhood
Revitalization StrateQV Areas NOfth-Greenwood-Afea.
Q8. One citizen who is a resident of the City SoutA-GfeeAwoad-AFea.
IS. One citizen who is a resident of East Clearwater.
For the purposes of this subsection, the boundaries of the-NoFtA-Greeflwead-Area,-Sol:JtR
, Gr:eoowooG-Af8a.;-aRQ East Clearwater shall be as defined by resolution of the city
commission.
(3) Of the initial appointments, three members shall be appointed for a term of
four years; two tHree members shall be appointed for a term of three years; two tHree
members shall be appointed for a term of two years. Thereafter, appointments shall be for a
, term of. four years. A member, including a member initially appointed for term of less than
four years, may be reappointed for not more than one additional term. If a vacancy occurs,
a new appointment shall be made by the city commission for the unexpired term. Members
shall serve without pay.
Sec. 2.227. Officers; conduct of meetings; staff liaison.
(1) The board shall elect from its membership a chairperson, a vice-chairperson,
and such other officers as the board may find necessary. Each officer of the board shall
serve for a term of one year. The chairperson shall not serve consecutive terms as
chairperson.
, ;
'(2) The board shall adopt rules of procedure to govern the conduct of its
, business. The board shall hold at least one regular meeting eve'ry three months and may
hold regular meetings more frequently as the board may agree~ but not more than one
regular meeting shall be held per month. Special meetings may be called as is necessary by
the chairpersont or by any three members, upon not less than 24 hours written notice. A
quorum shall consist of the majority of the members currently servinQ five-memneF&. In the
presence of a quorumt board business shall be conducted by a majority vote of the'
members present and voting. The board and Its members shall comply with the public
records and public meeting laws' and other applicable laws of the State of Florida.
2,
OrdInance 7017-02
(3) The city manager shall designate a city employee to serve as staff liaison for
the board and to assist the board In the performance of its duties, including the appointment
of a recording secretary to meet the'adminlstrative needs of the board. Any requestby the
board for information. reports, or other signIficant work efforts that will reasonably be
expected to exceed eight hours of staff time shall require the advance approval of the city
commission.
Sec. 2.228. Powers and duties.
.'
The board shall have the following powers an~ duties:
(1) Review the programs of the city which are directed to improving the physical
, , environment and lifestyle of low to moderate income people assisted by the various federal
and state housing and community development GQmmuRity DevelepmeRt-BleGk-GFaflt
, programs the city receives, by:
(a) Assessing neighborhood needs;
(b) , Formulating neighborhood goals and objectives;
(c) Establishing priorities for projects within neighborhoods;
(d) Monitoring programs; and
(e) ,Evaluating programs.
(2) The monitoring and evaluation of programs shall. as a minimum, include the
, 'following act~vities:
(a) Attending and participating in public hearings regarding the programs;
(b) Reviewing condition data;
(c) Reporting citizen reactions to projects and programs;
(d) Reviewing reports regarding projects and program activities;
(e) Reviewing goals and objectives and recommending priorities for the order in
which activities are to be undertaken; and
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(1) Reviewing applications for the funding of selected programs.
(3) Make recommendations to the city manager and city commission regarding
such programs. . '
3
Ordinance 7017-02
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(4) Carry out the duties of an advisory committee when and to the extent that an
advisory committee may be required for the various state and federal housing and '
community development Gommunity-Qevelopment-BloGk-Grant programs !he,city receive~.
(5) Those powers and duties of the Affordable Housing Advisory Committee as
stated in Section 1 of Ordinance 5410~93, adopted July 1, 1993.
Sec. 2.229. Removal.
(1) The city commission shall have the authority to remove any member of the
board for misconduct or neglect of duty.
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(2) ,The city manager shall have the authority to remove any member of the
board for excessive absence as defined in section 2.066. '
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, Section 2. The Neighborhood Advisory Committee and the Affordable Housing
Advisory Committee are hereby dissolved upon the ,effective date of this ordinance, with the
',thanks and gratitude of the City Commission for the contributions made by the members of
the Committees, past and present, to the administration of the City. The past and present'
'members of the Committee:; who continue to be residents of the City shall be deemed
eligible for appointment to the Board created by this ordinance, and prior service on the
Committee shall not disqualify a member from reappointment to a second term on the
Board. ,
"
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
August 8, 2002
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
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,(' ..{~~ . .~.~. .~~~-_...,-- _..~,-'".,--,--
, John Carassas
Assistant City Attorney
,Cynthia E. Goudeau
City Clerk
4
Ordinance 7017 -02
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'AGENDA
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08/22/02
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Clearwater City Commission
Agenda Cover Memorandum
Work sessIon Itom It: r'Y) R I
Final Agenda Item /I ~ q
Meotlng Dato: nR/??Jn?
,SUBJECT/RECOMMENDATION: Award a contract tor "Improvements to Clearwater Airparl<,
Runway and Taxiway 16/34" (OI-0050-AP) to Kloote Contracting, Inc., of Palm Harbor,
Florida' for the sum of$401,408.29 which is the lowest responsible bid received in accordance
, with the plans and specifications,
IE and that the appropriate officials be authorized to execute same.
SUMMARY
. On March 22, 2001 the City Commission approved Resolution 01-08 authorizing a Joint
Participation Agreement (JP A) between the City of Clearwater and the State of Florida
Department of Transportation for design and consttuction of a 200 lineal toot
runway/taxiway, the associated extension of the airport lighting system and the
resurfacing and remarking of all airport pavement surfaces. This project was advertised
for bids and a pre-bid conference was held on June 28, 2002. Sealed bids were opened
July 19, 2002.
'. '
. Funds, for this project are avaihlble in Capital Improvement project 315~94772. , The
Florida Department of Transportation will fund 770/0 of the total cost of this project with
the City funding the remaining 23%.
CI! The construction of the 200' overrun on South end of the lUnWay 16/34 will provide
additional runway distance allowing the pilots to gain altitude quicker thereby lessening
" the "aircraft noise impact" to the residential areas at the North end of the runway. This
project is part of the Commission approved, Clealwaler Airpark, Ai/port Master Plan.
. This project' will start as soon as possible after award and execution of the contract, and
is scheduled to be completed within 150 calendar days.
Reviewed b~: .
Legal Info Svc
Budget . ~ Public Works
PurChasing ~ DCMlACM
Risk Mgmt Other
Originating Dept.:
Marine & Aviation B
User Dept.:
Marine & Avl
Coats
Total
401,408.29
Current
FY
Funding Soureo:
CI x
Attachments
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Submitted by: ""i2' ^I ~ '
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Printed on recycled paper
X None
A ro rlatlon Codo: 315.94n2
Rov. 2198
Clearwater AIrpark Agenda
.
Clearwater City Commission
Agenda Cover Memorandum
Workscssion Item #: ~
Final Agenda Item # :2.0
Meeting Date: 8/22/02
,SUBJECT/RECOMMENDA TION:
Approve a lease agreement between RSGN, Inc., a Florida Corporation, as Lessor, and the City of
Clearwater, as the Lessee, for the premises located at 1217 AN. Ft. Harrison Ave., Clearwater, FL for a ,
period of three years commencing on October 1, 2002 and terminating on September 3D, 2005, at an
annual rental of $8,400.00,
1&1 , and that the appropriate officials be authorized to execute same.
SUMMARY:
. The Clearwater Police Department's goal of providing community based police services often require the'
establishment of police substations in various neighborhoods. A substation has been maintained in the Old
Clearwater Bay area since 1994. '
. The Clearwater Police Department wishes to renew a lease with RSGN, Inc. for office space at 'a highly
visible location for the administration and operation of police related activities. The terms of the lease
, " provide for an increase of $95 monthly over the current lease with a new monthly lease rate of $700.
Otherwis'e the terms of the renewal are consistent with the current lease, and the renewal lease is for a
three-year period. '
. Utility expenses are the responsibility of the police department and are estimated at $1,700 annually.
"
Reviewed by:
Legal U<.11b
Budget, I
Purchasing MA
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Submitted by: "D ~ 'A .I J - .
City Manager. t)(1..4 ~
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Originating .!'~p;: .
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reparcd by: Sherry Hunt
User Dc*",", ,;
Polic~:.f/~'
Costs
Tolal 58,400
Info Srvc
N/A
Public Works
DCMlACM
Other
urrent FY $8,400
Funding Source:
Cl
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Other
Attachments
X None
A ro rl"tlon Cod~: 010.01132.5"4200-521.000
Rev. 07102
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.J~ '. 20
COMMERCIAL LEASE
This lease Is made between RSGN, INC. (1217 N. Fort Hamson Ave., Bldg. D., Clearwater, FL 33755),
/Jerefn called Lessor, and THE C/7Y OF CLEARWATER (P.O. Box 4748, Clearwater, FL 33756), herein
called Lessee. Lessee hereby offers to lease from Lessor the premlsos situated In the City of Clearwater,
County of Pinel/as, State of Florida, described as 1217 N. Fort Hamson Avenue, # A, upon the following
TERMS and CONDITIONS.
1. Terms and Rent. Lessor demises the above premises for a term of THREE years, commencing
October 1, 2002 and tennlnatlng on September 3D, 2005 or sooner as provided herein at the annual
rental of Eight Thousand, Four Hundred Dollars ($8,400.00), payable in equal installments of Seven
Hundred Dollars ($700.00) In advance on the first day of each month for that month's rental, during the
tenn of this lease. All rental payments shall be made to Lessor, at the address specified herein.
2. Use. Lessee shall use and occupy the premises as a pollcelfire substation. The premises shall be
used for no other purpose. Lessor represents that the premises may lawfully be used for such
purpose. Lessor and Lessee shall have joint use of the lockable utllity room, which Is used for storage.
3. Care and maintenance of Premises. Lessee acknowledges that the premises are In good oreler and
repair, unless otherwise Indicated herein. Lessor shall be responsible for all repairs, Including but not
limited to the roof, exterior walls, and structural foundations. Lessee shall change the air conditioner
filters every thirty (30) days. Lessor shall supply the necessary filters. Lessee shall supply A.S.C.
rated fire extinguishers and have same inspected annually. Lessee will strip and wax the floors at
least once per year, begfnnlng In October 2002.
4. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the premises
without prior written consent of the Lessor, which shall not be unreasonably withheld. Any such
assignment or subletting without consent shall be void; and, at the Lessor's option, Lessor may
terminate this lease.
5. Utifities. All applications and connections for necessary utility servIces on the premIses shall be made
In the name of Lessee only. Lessor shall be responsible for the cost of water, sewer, and garbage
services. Lessee shall be liable for the cost of electricity and telephone services.
6. Entry and Inspection. Lessee shall permit Lessor or Lessor's agents to enter upon the premises at
reasonable times and upon reasonable notice, for the purpose of Inspecting the same, and will pennlt
Lessor at any time within sixty (60) days prior to the expiration of this lease, to place upon the
premises any usual "To le" or "For Lease" signs, and pennlt persons desiring to lease the same to
Inspect the premises thereafter.
7. Possession. If Lessor Is unable to deliver possession of the premises at the commencement hereof,
Lessor shall not be liable for any damage caused thereby nor shall this lease be void or voidable, but
Lessee shall not be liable for any rent until possession Is delivered, Lessee may terminate this lease If
possession is not delivered with TEN days of the commencement of the term hereof.
8. Eminent Domain. If the premises or any part thereof of any estate therein, or any other part of the
building materially affecting Lessee's use of the premises, shall be taken by eminent domain, this lease
shall terminate on the date when tItle vests pursuant of such taking. The rent, and any additional rent,
shall be apportioned as of the termination date, and any rent paid for any period beyond that date shall
be repaid to Lessee. lessee shall not be entitled to any part of the award for such taking or any
payment In lieu thereof, but Lessee may file a claim for any taking of fixtures and Improvements owned
by Lessee and for moving expenses.
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9. Destruction of Premises. In the event of a partial destructIon of the premises during the term hereof1
from any cause. Lessor shall forthwith repaIr the same, provided that such repaIrs can be made within
sixty (60) days under existing govemmentallaws and regulations, but such partial destruction shall not
terminate this lease, except that Lessee shall be entitled to a proportionate reduction of rent while such
repairs are being made, based upon the extent to which the making of such repairs shall Interfere with
the business of Lessee on the premises. If such repairs cannot be made within said sixty (60) days,
Lessor, at his option, may make the same within a reasonable time, this lease continuing In effect with
the rent proportionately abated as aforesaid, and In the event that Lessor shall not elect to make such
repairs which cannot be made within sixty (60) days, this lease may be terminated at the option of
either party. In the event that the building In which the premises may be situated Is destroyed to an
extent of not less than one-third of the replacement costs thereof, Lessor may elect to terminate this
lease whether the premises be Injured or not. A total destruction of the building In which the premises
may be situated shall terminate this lease.
10. Lessor's Remedies on Default. If Lessee defaults in the payment of rent, or any additional rent, or
defaults In the performance of Any of the other covenants or conditions hereof, Lessor may give
Lessee notice of such default; and If Lessee does not cure any such default within FIFTEEN days after
tho giving of such notice (or If such other default Is of such nature that it cannot be completely cured
within such period and If Lessee does not commence such curing within THIRTY days and thereafter
proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate
this lease on not less than THIRTY days notice to Lessee. On the date specified In such notice, the
term of this lease shall terminate, and Lessee shall then quit and surrender the premises to Lessor. If
this lease shall have been 50 termInated by Lessor, Lessor may at any time thereafter resume
possession of the premises by any lawful means and remove Lessee or other occupants and their
effects. '
11. Security Deposit Lessee shall deposit with Lessor on the signing of this lease the sum of Five ,
Hundred and Fifty Dollars ($550.00) as security for the performance of Lessee's obligations under this
lease, Including without limitation the surrender of possession of the premises to Lessor as herein
provided. If Lessor applies any part of the deposit to cure any default of Lessee, Lessee shall on
demand deposit with Lessor the amount so applied 50 that Lessor shall have the full deposit on hand
at all times during the term of this lease. Lessor acknowledges receipt of this amount paid by Check
# 206368 on November 7. 1996.
12. Taxes, Common Area Maintenance, and Insurance. Lessor shall be responsible for all taxes,
common area maintenance, and insurance for the premises. Lessee shall be responsible for providing
Insurance to cover Lessee's contents.
13. Attorney's Fees. In case suit should be brought for recovery of the premises, or for any sum due
hereunder, or because of any breach of any of the provisions herein, the prevailing party shall be
entitled to recover attorney's fees and costs.
14. Waiver. Failure of Lessor to enforce any term hereof shall be deemed to be a waiver.
15. Notices. Any notice which either party mayor Is requIred to give, shall be given by mailing the same,
postage prepaid, to Lessee at the premises. or Lessor at the address speclfled above, or at. such other
places as may be designated by the parties from time to time.
16. Heirs, Assigns, Successors. This lease Is binding upon and Inures to the benefit of the heirs assigns
and successors In Interest to the parties.
17. Option to Ronew. Provided that Lessee Is not in default In the performance of this lease, Lessee shall
have the option to renew the lease for an additional term, to be negotiated, commencing at the
expiration of the Inttlallease term. All of the terms and conditions of the lease shall apply during the
renewal teon except that the monthly rent shall be negotiated. The option shall be exercised by written
notice given to Lessor not less than THIRTY days priorto the expiration of the Inttlallease term,
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18.' Sul:>ordlnatlon. This lease Is and shall be subordinated to all existing and, future liens and
encumbrances against the property.
19. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be
modified only by a writing signed ~y both parties.
Signed this
day of
,2002.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Brian J. Aungst, Mayor-Commissioner
By:
, William B. Home lit City Manager
Approved as to form:
Attest:
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Cynthia L. Goudeau
City Clerk
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" Robert Veurlnk, Secretary
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Final Agenda Ilem # .
PD2
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
Meellng Dale:
8/22/02
SUBJECT/RECOMMENDATION:
Approve acceptance of FY 2002 Local Law Enforcement Block Grant (LLEBG) funding for two years
in the amount of $203,782 from the U.S. Department of Justice/Bureau of Justice Assistance,
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
. The Clearwater Police Department has been awarded federal funding from the Department of
Justice/Bureau of Justice Assistance in the amount of $203,782 in Local Law Enforcement Block
Grant funds.
. The Department will use this grant to pay the costs for the Cellular Digital Packet Data (CDPD) for
one year. One of the key pieces of Clearwater's COPS MORE '98 grantl which provided $1.4
million in computer equipment, was the CDPD. This service provides mobile cellular '
comm~nications in the patrol cars. We have utilized LLEBG funding to continue the service for
the past two years and will do so again with this year1s LLEBG award.
.. All costs will be charged to Special Project No.'181-99324. The required match of $22,642 will be
, transferred to this account from the Special Law Enforcement Trust Fund.
Reviewed by:
Legal nJOl Info SIVC
Budget #' Public Works
Purchasing ilia DCMlACM
Risk Mgmt nla Other
l'i" OrlginaUn~ .A .. /J
nJit Police #.f · (:;1-#/
Prepared by: I.lnet Skinner
User Dept.
Costs
Tolal $22,642
Pollee
l Attachments
Funding Source:
Currenl 22,642 Cl
FY
OP
Other
22 642
Submitted by: "'D. 1 , J A _
Cit Mana er ~ ~
Printed on recycled paper
X None
A ro rlatlon Corle: 181.99324
Rev. 7/02
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Final Agenda Item #
PD-~
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Clearwater CIty Commission
Agenda Cover Memorandum
Work session Item #:
Meeting Date: 8 /2 2 /0 2
, SUt;lJECT/RECOMMENDATION:
Approve the transfer of $261936.46 received from Clearwater Housing Authority for payment in lieu of
taxes to the Clearwater Homeless Intervention Project, Inc. (CHIP),
1m and that the appropriate officials be authorized to execute same.
SUMMARY:
. On June 20, 2002, Clearwater Housing Authority (CHA) paid $26,936.46 Payment in Lieu of
Taxes (PILOT) to the City of Clearwater. In a letter to City Manager William Horne on July 15,
2002, CHA requested that these funds be donated by the City to offset operational costs for CHIP.
. It is the City Comrnission's discretion as to how these funds are used, whether to support the
General Fundi. or ,for' any other purpose. ,Past practice' since' 1997 reflects that the City
Commission' has authorized these funds to be appropriated to the CHIP program.
. In order to allow. ..cHIP to have access to these necessary funds as soon as possible for
operational expenses,.:it is requested that the funds be transferred immediately from the General
Fund, Clearwater:.t.Iousing, Authority Revenue Code 010-349101 to Special Program No. 181-
99938. Homeless Shelter.
,j, '
Reviewed by:
Legal n/a' Info Srvc
Budget ~d Public Works
Purchasing nJa DCMlACM
Risk Mgmt n/a Olher
Costs
Tolal $26,936.46
Curren I FY
Funding Source:
$26,936.46 CI
OP
Other PilOT
Submitted by: "It'" J J _ _
City Manager r.;;M,lA ~
PrInted on recycled ~per
l!I None
A ro r1allon Code: 181-99938
Rev. 219B
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~eCE/VED
JUL , 9 tUUZ
CITY 'MANAGER'S OF
FICE
July 15. 2002 ,
William Horne
City Manager '
Clearwater City Hall, 3rd Floor
112 S. Osceola Avenue
Clearwater. FL 33756
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Dear Mr. Horne:
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Clearwater Housing' Authoritis Payment In Lieu Of Taxes (PILOT),
,in the amount of $26.936.46. was made to'the City on June 20,
2002: We respectfully, request that the PILoT monies be applied to
the Clearwater Homeless Intervention Project as has been done for
the pastseveral years.
We continue to be a partner with CHIP by provld,ing in-kind
maintenance services and serving on their Board. Thank you for
,your support. We look forward to another progressive year within
our community.
~
. Robert Aude
Chairman
RAlcem
cc: Jacqueline Rivera
Janet Skinner
City Commissioners,
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Final Agenda 1Iem #
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Clearwater City Commission
Agenda Cover Memorandum
Workscsslon Itcm 1#:
Meeting Dille: R I? ? IO?
,
SUBJECT/RECOMMENDA TION:
Approve a lease agreement between the CLEARWATER HOUSING AUTHORITY, knowi, as the Lessor
and the CITY OF CLEARWATER as Lessee, for the premises located at 2931 Sandlewood Drive,
Clearwater, Florida, for a term of one (1) year commencing August 1, 2002 and terminating on July 31,
2003
I!I and that the appropriate officials be authorized to execute same.
SUMMARY:
. 'The Clearwater Police Department's goal of providing community based police services often requires the
establishment of police substations in various neighborhoods. A substation has been maintained in
'Jasmine Courts since April 1987.
.' In conjunction with an agreement with the Clearwater Housing Authority, the Clearwater Police
Department will renew a lease for a unit within the Jasmine Courts co'mmunity for office space,
administration and operational purposes related to police activities. The terms of the renewal are
consistent with the current lease. The Cleaf'\IVater Housing Authority prefers to renew the lease on an
,annual basis~
. The monthly rental sum is zero (~O-) per month. Utility expenses are estimated at $60 per month, however,
, the Clearwater Housing Authority has been paying the utilities.
.' A copy of the Agreement is available for review in the City Clerk's Department.
Legal
Budget
Purchasing ~
Risk Mgmt N/A
-
tt
N/A
OriglnatlnS09/pt: . /J
pollce.P'4<<~': -I:
Pre ared b : Sher Hunt
User Dept.
pollce~ ~'/
Attachments
Costs
Reviewed by:
In(o Srvc
Public Works
DCMlAC
Other,
'Tolal .().
Current FY .().
Funding Source:
Cl
OP
Other
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,Submitted by: ':I? U JlA, _
City Manager ~ ,~
Printed on recycled paper
X None
A ro rlation Code:
Rev. 2198
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JASMINE COURTS
NON-DWELLING LEASE AGREEMENT
This lease between Clearwater Housing Authority, organized and existing under the lows
ofthe State of Florida as "Lessor,H and the City of Clennvater as "Lessee.1t
WITNESSETH:
'I. '
WHEREAS, Lessor has agreed to lease one (1) rental unit in the Lessor's Jasmine Courts
community (FLA 75-1B) for office, administration and operational purposes necessary' for the
providing services as related to "USE" below #2, in and to the residents of the Jasmine Courts
community~
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'NOW THEREFORE, in consideration of the foregoing statcd promises nnd conditions,
the parties agree to the following:
1. PREMISES
Lessor does hereby ~ease to Lessee certain premises designated as 2931 Sandlcwood Drive,
Clearwater, Florida 33759. The leased property is located in the Jasmine Courts community.
,2. USE,
. It is, understood and agreed between the parties hereto and Lessee covenants thut the leased
premisesdunng continuance of this Lease shall be used only for the proper administration und
operation of providing serVices to the residents of Pincllas County, Florida, nnd for' no other
purpose or' purposes, without the written consent of the Lessor, which may be granted or
withheld in Lessor's sole discretion. Specifically, the Lessee's intended \lse of this unit is for the
Clearwater Police activities.
3. TERM
Except as otherwise expressly stated in this Lease, the tcnn of this Lense :lhnlI begin on
Au'gust 1. 2002 and end on Julv 31. 2003. This is none (1) year lease with provision for future
renewals as agreed upon by Lessor and Lessee. However, upon 0 thirty (30) day written notice
from either party, one to the othert the lease may be terminated. Should such termination take
,place, Lessee agrees to vacate the unit on or before the effective dotc of' tcrmination of the
existing lease.' ,
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4. SECURITY DEPOSIT
Lessor will not be collecting a' security deposit. Lesscu lIIHhm.;tunds that if therc arc damages
beyond normal wear and tear, Lessee is Iinble tor payment of same in full, including labor and
materials required to bring units back to nlove-in condition.
5. RENT
Lessee convenants that it will, without deduction; dCll1nnd, or setoff pny to Lessor for the use of
this rental the sum of zcro dollars ($0.00) per month.
6. LESSEE PAYMENT OF CERTA]N UTILITY COSTS
Les~or shall pay for water, sewer, electric llnd gus utility cxpe'nses: ]n no event shall Lessor be
liable for the quality, quantity, failure or intemlption of such service to the leased premises.
7. INTERIOR ALTERATIONS
It is agreed that Lessce shall not mnke nny stnlctural nltcrutions or permanent improvements to
the premises without the prior written conscnt of'Lessor. It is specifically understood and agreed
that Lessor has no obligation und has made no promiscs to niter, remodel, Qr improve the unit
except as specifically herein set forth. All alterations, improvements" including without
limitation, which may be made or instnllcd by either of the pnrtieshereto upon the unit;' shall
become ,property of the Lessor at the time of lease termination. Lessee shall, upon the
termination of the lcase, term surrendcr the lensed premises to Lessor in the same condition as
when received, ordinary wear nnd tenr excluded. Prior written approval by Lessor is required if
interior painting is requested by Lessee. Lessee shull have the option of painting the unit: (1) at
their own expense nnd subject to inspection by Lessor, or (2) by contracting with Lessor to do it
at actual cost including both materials and lahor.
8. MAINTENANCE AND REPAIRS
By entry' thereunder Lessct: accepts the lensed premises as being in good, sanitary, orderly
condition and repair. Lessor agrees to maintain Dnd repair the electrical, plumbing and air
conditioning und keep the building in u snfe and usnble condition. Replacement of light bulbs is
the responsibility of Lessee. Lessor shull also he responsible for maintaining and repairing the
structural portions of the premises including foundation, exterior and demising walls and roof
and common ureDS. Lessee hereby exprcssly grants Lessor easement for ingress and egress over,
under und through the premises for the purpose of making repairs and for exercising any rights or
obligations of Lessor under ,lhis Leuse. Lessor shaH hove the right to maintain and operate all
said areas and to police sumc. Lown mowing shull be provided by Lessor. Should said rental
units be damaged through Lcsscu's ubuse, Lessee shall reimburse Lessor for the actual cost of
such repuir including lubor und materials.
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9. ASSIGNMENT AND SUBLE'rnNO
Lessee may not assign or sublet this Lcnsc In whole or In pnrl, without priur written consent of
the Lessor. The units nre lensed exclusively tu Lc~scc. '
10. RULES OF OCCUPANCY
See the attached Exhibit uAn for dctollcd listing unhe Rulcs ofOccupnncy.
11. INDEMNIFICATION OF LESSOR
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Lessee agrees to indemnify) savc. nnd hold the Lessor' hnrmlc9s fro'm any nnd nil claims) suits)
judgements, an~ liability for death, persanol h,!ury, bodily injury, or property damage arising out
of Lessee's use of the premises by Lessec) its employees) contractors, subcontractors, business
invitees) or assigns, including legal fces, cOllrt costs, or other legol expenses, provided however '
that the Lessee, shall not be legally lIohlc for (Iny negligence of the Lessor, its employees,
se'rvants, contractor:;, subcontractors, nssigns or the negligence of any other party, and provided
further, that the liability of the Lessee shall not, In uny event, exceed the statutory limits set forth '
in Section 768.28. Florida Stntutes) nor shnllthc IInbllity of the City extend to any claim of the
Lessor which is covered by Lessor's hisurance covernge, except to the extent of the deductibles
or other losses suffered.
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13.
INSURANCE
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Lessee is a self-insured Floridn MunlclplIl Corporntion. Lessee will seU:'insure its personal
property stored in the lensed premises ns well us self.insure) with excess insurance coverage as
deemed approprillte by Lessee, unythlrd pUl'ty liability of Lcssc'e arising out of this lense. ,
14., ENTRY BY LESSOR
Lessor sholl at uny and nil rensonublc tlli1e huvc thc right to enter lensed premises to inspect the
same without notice.
15. PARKING
'"
All parking shull be on n first come, first served basis) unless otherwise authorized by Lessor.
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16. MAILING ADDRESS OF LESSEE
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, All notices' for Lessee sholl be forwnrded to the followi~g nddress unless Lessor is otherwise
noli flcd: , ' ,
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Sgt. Sheila Waters ,
Clearwater Policy Department
645 Pierce Street,
Cleanvater~ FL 33756
Phone: (727) 562~4255, extension 5066
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~ WITNESS WHEREOF, Lessor and Lessee have executed this' Lease effective as of
the dates first above written, each representing to the other that, they have full 'authority to
execute same in the capacity iridicated. '
, , '
. Signed this
day of
, 2002.
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, Countersigned:
CITY OF CLEARWATER, FLORIDA
By: '
William B. Home ,II, City Manager
, ,Brian J~Aungst"Mayor-Commissioner
: Approved as to form:
Attest:
, J By:
ette; Assistant City Attorney Cynthia E. Goudeau, City Clerk
,'In the presence of:
CLEARWATER HOUSfNG AUTHORITY,
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, By:
Jacqueline Rivera~ Executive Director '
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Clearwater City Commission
Agenda Cover Memorandum
Work sosslon Itom #: r LV -~
Final Agonda Itom II ~ L{
Mooting Dato:
08.22.02
SUBJECT/RECOMMENDATION: Approve a contract with Central Florida Used Auto Parts, Inc., a
Florida corporation, to purchase a portion of Section 3, Township 29 South, Range 15 East, as more
particularly described in said contract; for $750,000 plus $60,000 to reimburse Seller for pr~-contract
environmental site assessment expenses, up to $4,800 to fund 50% share of 2002 ad valorem taxes,
plus estimated boundary survey and closing expenses of $3,750 for total estimated'acquisition and
transaction costs of $818,550,
ffil and Ihat the appropriate officials be authorized to execute same.
SUMMARY:
. The United States Army Corps of Engineers (USACOE) completed the Stevenson Creek Estuary
Preliminary Restoration Plan ("Plan") in October 2000.
. The Plan will require dredging from 80,000 to 130,000 cubic yards of Stevenson Creek sediment
between the Douglas Avenue Bridge and Clearwater Harbor.
. The Plan, if approved for implementation by the USACOE headquarters in Washington, D. C. I could
require up to 10 acres of land in close proximity to the creek for project staging and dewatering of
dredge material. Sediment disposal options have not yet been determined.
. On April 11, 2002 the City acquired approximately 4 vacant upland acres and about 3.5 acres of tidal
marsh adjacent to the subject property for $350,000. '
· The City contemplates utilizing a portion of the 4.2-acre subject property with the earlier purchase for
Plan project staging and dewatering purposes. Following Plan completion, the combined site will be
analyzed for use as either a park or recreational facility, or for stormwater retention and treatment.
. It is also projected. that about 1.25 acres of the subject purchase will be utilized for constructlon of the
City's new Northwest FIre Station Number 51.
. James M. Millspaugh, MAl, appraised and valued the subject property at $475,000 on May 31, 2000.
K. Mitchell Caldwell, MAl, appraised and valued the property at $600,000 on January 25, 2002.
. The Seller contracted with Tampa Bay Engineering (TBE) for preliminary site assessment and testing
prior to contract. Although the assessment has not been completed, preliminary results Indicate some
known contamination remains on the property in the form of excavated and unexcavated petroleum
contaminated soil. TBE estimates completion uf tho:: limited site assessment and remediation costs
may run $75,000 - $135,000.
. Staff had budgeted $950,000 for purchase and clean up of this property.
. The Seller makes no warranty whatsoever as to any facts that may materially affect the value of the
property. The contract stipulates the property is purchased "as Is" with no recourse to the Seller.
Revlewod by: ,r;
Legal ~
Budget ~
Purchasing \:::Nj('
Risk Mgmt NA
,'. Originating Capt: .'1'.... Costs:
Info Srvc NA Englnoorlng (E. Barrott) Total
Public w~rkS '\1' User Cept.
DCM/AC Current FY
Other Attachments: Locator Mop.
$818,550
Funding Source:
$ -0. CI S818 550
OP
ONono
s: pwa on pwa1JEnglnIWord/AgendalCent FI Used Auto Parts Agn. 082202
Olller
Appropriation Coda: 377-96129-560100.539.000
Rev. 2/98
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Page' 2 - Central Florida Used
Auto Parts Agenda Cover Memo',
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'. The property is required to, b'e fully vacated and left in "broom' cleanll cOllditlon prior to closing
, ~hich s~ould occur ~etween 30 and 90 days following contract approval.
. Post ,closing application will be made to the State Department of Environmental Protection to
fund ?O% of the purchase, excluding the portion to be utilized for ~ire Station Number 51.
, '
· Resolution 01-21 was passed on November 15, 2001; establishIng the City's intent to reimburse certaIn
, Stormwater Utility project costs incurred with future tax-exempt financing. The projects Identified with
, 2002 revenue bonds as a funding source were included in the project list associated with Resolution 01-
21. ' , ,
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" ',., Suffici~nt budget for 02 Stormwater Revenue Bond proceeds is available in project, 377-96129
)!,,' , ,'(Stevenson Creek Estuary Restoration) to fund this,purchase and its associated acquisition expens~s.
. A copy of the purchase contract is available for review in the CltyGlerk Department.
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CITY PURCHASE
APRIL 2002
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CENTRAL FLORIDA USED AUTO PARTS
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CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: CENTRAL FLORIDA USED AUTO PARTS, INC., a Florida Corporation (herein "Sellertl), of
1700 North Betty Lane, Clearwater, Florida, Phone: (727) 443-3132, and the CITY OF CLEARWATER,
FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer' or "Citytl) of P. O. Box 4748,
ClearWater, Florida 33758-4748, ATTENTION: William B. Horne II, City Manager, (collectively"Parties")
hereby agree that the Seller shall sell and Buyer shall buy the following real property (UReal Property")
arid personal property (tlPersonalty") (collectively "Property") upon the following terms and conditions.
1. PROPERTY LEGAL DESCRIPTlON
A portion of the SW1/4 of the SE1/4 of Section 3, Township 29 South, Range 15 East, Pinellas
County, Florida, identified as Pine lias County Parcel # 03-29-15-00000-430-0500, being more
specifically describe~ as follows:
Begin at the SW corner of the SE1/4 of the SE1/4, run thence west 68.91 feet to the west line of
Betty Lane for the POINT OF BEGINNING; thence run west 694.24 feet; north 513.94 feet; S530E,
838.0 feet; S470E, 28.62 feet.to the POINT OF BEGINNING; containing 4.2 acres, more or less.
PERSONALTY:
NONE
2. EULL PURCHASE PRICE FOR REAL PROPEIUY;....................................... $. 750,OOil.OO.
FUNDING TOWARD ENVIRONMENTAL E){PENDITURES~............................$ 60,OOO,OQ
TOTAL ACQUISITION AMOUNT:........................$ 810,00000
3. MANNER OF PAYMENT: City of Clearwater check in U.S. funds
at time of closing ................................ ......................$ 810,OOO,OQ
4. F!URCHASE PRICE
The Full Purchase Price as shown herein has been reached through negotiations with the Seller by City
staff. The City procured the following two appraisals preliminary to negotiations: 1) James M.
, Millspaugh, MAl, valued the subject real property at $475,000 on May 31, 2000, and 2) K. Mitchell
Caldwell, MAl, valued the subject real property at $600,000 on January 25,2002. '
5. TIME FOR ACCEPTANCE; APPROVALS
Following execution of this contract by Seller, the price, terms and conditions as contained herein shall
. remain unchanged and be held unconditionally open for a period of 45 days following delivery in -:ioJ .
duplicate original to City Manager of the City of Clearwater for acceptance and approval, iiGURtaJ:..offcr; ~.
or rejection by action of the Clearwater City Commission ("Commission II). If this agreement is accepted
and approved by the Commission, it will be executed by duly authorized City officials and delivered to
Buyer within 10 days thereafter. If this contract is rejected by the Commission upon initial presentation
to the Commission, this contract shall be null and void in all respects and Buyer shall be so informed in
writing within 5 days of such action.
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6. TITLE
Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory
Warranty, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall
be free of liens, easements and encumbrances of record or known to Seller, but subject to property
taxes for the year of closing; covenants, restrictions and public utility easements of record; and no
others provided there exists at closing no violation of the foregoing and none of them prevents Buyer's
intended use of the Property. Seller warrants and represents that there is ingress and egress to the
Real Property sufficient for the intended use as described herein.
7. TITLE EVIDENCE'
Seller shall, at Seller expense and within 15 days prior to closing date deiiver to Buyer a title insurance
commitment Issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or
qualifications set forth in this Contract, and those which shall be discharged by Seller at or before
closing. Seller shall convey a marl<etable title subject only to liens, encumbrances, exceptions or
qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title
, Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from
receiving evidence of title to examine it. 'If title is found defective, Buyer shall, within 3 days thereafter,.
notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have
120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the
option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is
found unmarketable, make diligent effort to correct defect(s) in tiUe within the time provided therefor,
including the bringing of necessary suits.
8. SU R\fEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of tiUe and to examine same, may
have Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida
land surveyor. If survey shows any encroachment on Real Property, or that improvements located on
Real Property encroach on setbacl< lines, easements, lands of others, or violate any restrictions,
contract covenants or applicable governmental regulation, the same shall constitute a title defect. The
sUlvey shall be performed to minimum technical standards of the Florida Administrative Code and may
include a description of the property under the Florida 'Coordinate System as defined In Chapter 117,
Florida Statutes.
9. CLOSING PLACE AND DATE
Seller shall designate closing agent and this transaction shall be closed in the offices of the designated
closing agent In Plnellas County, Florida, at Seller optiont anytime after 30 days and before 90 days
following the effective date, unless extended by other provisions of this contract. If either party Is
unable to comply with any provision of this contract within the time allowed, and be prepared to close as,
set forth above, after making all reasonable and diligent efforts to comply, then upon giving written
notice to the other party, time of closing may be extended up to 60 days without effect upon any other
term, covenant or condition contained In thIs contract.
Page 2 of 6
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10. CLOSING QOCUMENTS
Seller shall furnish closing statements for the respective parties, deedt bill of sale (if applicable),
mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective
instruments. If Seller is a corporation, Seller shall deliver a resolution of its Board of Directors
authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the
resolution and setting forth facts showing the conveyance conforms with the requirements of local I aw.
11. CLOSING E~PENSES
Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Florida
Statutes, shall be paid by the Seller. Seller shall also pay the costs of recording any corrective
instruments. .Recordation of the deed shall be paid by Buyer.
12. PRORATIOt,lS; CReDITS
Buyer and Seller covenant and agree that ad valorem taxes owed for the year 2002 through the day
prior to closing shall be collected and paid at closing in the following manner: 50% to be paid by Buyer,
50% to be paid by Seller. Closing agent shall pay such ad valorem taxes, together with any other
unpaid taxes that may create a lien against the subject property, and deliver same to the Pinellas
County Tax Collector with notification to thereafter exempt the Property from taxation as provided in
Chapter 196.012(6), Florida Statutes. If the amount of taxes and assessments for the current year
cannot be ascertained, rates for the previous year shall be used with due allowance being made for
improvements and exemptions. Any deposits held by Seller in trust for third parties in occupan'cy of the
Property, shall be credited to Buyer at time of closing. Assessments for any improvements that are
substantially complete at time of closing shall be paid in full by Seller.
13. pCCUPANCY
Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed
herein. If Property is Intended to be rented or occupied beyond closing, the fact and terms thereof shall
be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 14. Seller agrees to
deliver occupancy of the Property at time of closing unless otherwise stated herein. If occupancy is to
be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be '
responsible and liable for maintenance from that date, and shall be deemed to have accepted Property
'In its existing conditions as of the time of taking occupancy unless otherwise stated herein or in
separ~te writing.
14. eROPERTY CONDITION
,Seller shall deliver the, Property to Buyer at time of closing with all improvements thereupon In, their
present Has is" condition, broom clean and totally vacated of all tenants, business equipment, inventory,
other business assets, garbage and debris, ordinary wear and tear excepted. Seller shall maintain any .
existing landscaping and grounds in a comparable condition. Seller makes no warranties other than is
disclosed herein in Paragraph 18 ("SELLER W ARRANTI ES") and marketability of title.
Page 3 of 6
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15. VYALKwTHROUGH INSPECTIOf\l
At a time mutually agreeable between the partIes. but not later than the day prior to closing, Buyer may
conduct a final "walk-through" inspection of the Property to determine compliance with any Seller
obligations under Paragraphs 8 and 14. No new issues may be raised as a result of the walk-through.
16. PROCEEDS OF SALE; CLOSING PROCEDUJ3E
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by
Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5
days from and after closing. during which time evidence of title shall be continued at Buyer's expense to
show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable
from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the
Buyer. Buyer shall. within the 5-day period. notify the Seller in writing of the defect and Seller shall have
30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the
defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within
5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return
Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails
to make timely demand for refund, Buyer shall take title "as Is'\ waiving all rights against Seller as to
any intervening defect except as may be available to Buyer by virtue of warranties contained in the
deed. The escrow and closing procedure required by this provision may be waived if title agent insures
adverse matters pursuant to Section 627.7841. F.S. (1987), as amended.
17. DEFAULT
If this transaction is not closed due to any default or failure on the part of the Seller. other than to make
the title marketable arier diligent effort. Buyer may seek specific performance or unilaterally cancel this
agreement upon giving written notice to Seller. If this transaction is not closed due to any default or
failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage
fee regarding this transaction, the defaulting party shall be liable for such fee.
18. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect the value of the
Property, or which would be detrimental to the Property, or which would effect Buyer's desire to
purchase ~~ property exc~p~ as follows: (Specify known defects. If nane are known, write "NONE")
~ ~, '
~~~~~~~~~t~f~F~TY IS RFI~~$Fn 'AS IS" WITH NQ BECQURSE
Buyer shall have 15 days to investigate said matters as disclosed by the Seller, and shall notify Seller in
writing whether Buyer will close on this contract notwithstanding said matters. or whether Buyer shall
aled to cancel this contract. If Buyer fails to so notify Seller within said time period. Buyer shall be'
deemed to have waived any objection to the disclosed matters and shall have the obligation to close on
the contract. '
Page 4 of 6
"
19. RADQN~AS NOTIFICAILClli.
In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as amended, Buyer Is
hereby informed as follows:
RADON GAS: Radon is a naturally occurring radioactive gas'that, When it
has accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of radon
that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit.
, 20. CONTRACT NOT RECDRDABLE~ PERSONS BOUNQ
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind
and inure to the benefit of the parties and their successors in interest. Whenever the context permits,
singular shall include plural and one gender shall include all.
21. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the
United States Mail, properly'stamped and addressed to the respective party to be notified, including the,
parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who
will in any way act at the behest of the parties to satisfy all terms and conditions of this contract.
22. ASSIGNABILITY; PERSONS BOUND
This contract is not assignable. The terms "Buye"", I1Selle"", and "Broker" (if any) may be singular or
plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives.
successors and assigns (if assignment is permitted).
23. ATTORNEY FEES~ COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attomey's fees and costs.
24. :TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.'
25. BROKER REPRESENTATION
The parties covenant with each other that neither is represented by a Licensed Real Estate Broker at
time of contract. ,Each party Is representing itself and acting In its own behalf in entering into this
, contract. If eithe~ party employs a. Licensed Real Estate Broker following the Effective Date to
represent that party In connection with the transactfons contemplated hereby, the employing party shail
be responsible for any Broker fee or expense due to said Broker.
Page 5 of 6
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25. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of
any other provision. 'In the event that any provis10n of this contract is held to be invalid, the parties
agree that the remaining provisions shall be deemed to be in full force and effect as if they had been
executed by both parties subsequent to the expungement of the invalid provision.
26. ~OVERNING LAW
, It is agreed by and between the parties hereto that this contract shall be governed by, construed t and
enforced in accordance with the laws of the State of Florida.
27. COUNTERPARTS; FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be deemed an original
and all of which together shall constitute one instrument. A facsimile copy of this contract, including any
addendum, attachments and any written modifications hereof, and any initials or signature thereon shall
be deemed an original.
28. ENTIRE AGREEMENT
, Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the
parties, 'shall supersede any and all prior and contemporaneous written and oral promises,
representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and
writings sha!1 be merged herein. Any changes to be made in this agreement shall only be valid when
expressed in writing, acknowledged by the parties and incorporated herein or attached hereto.
APPROVED & EFFECTIVE this day of ' , 2002.
CITY OF CLEARWATER, FLORIDA
Countersigned:
Brian J. Aungst
Mayor-Commissioner
By:
William B. Horne II
City Manager
Appro~d,.m:! tq,.for~:
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John Carassas
Assisfant City Attorney
Attest:
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Cynthia E. Goudeau
City Clerk
Attest:
CENTRAL FLORIDA USED AUTO PARTS, INC.
Page 6 of 6
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Clearwater Ci ly
Comn1ission
Agenda Cover
Memorandum
SUBJECT/RECOMMENDATION: Approve a contract with Wallace Wade and Earnestlne U, Wade to
purchase a portion of their fea estate and certain temporary and perpetual easement rights In PINE
BROOK UNIT NO.2, Block E. Lot 4. for $10.100 plus estimated survey costs, title Insurance fees and closIng
costs of $1500, for a total acquisItion amount not to exceed $11.600.
(8
Work session Item #:
PwtL
~5
Final Agenda Item #
Meeting Dote:
06.22.02
, lEI and that the approprIate officIals be authorized to execute some,
SUMMARY:
. A small sedIment sump on the Clearwater Country Club Golf Course on the south sIde of Palmetto Street
presently collects Stevenson Creek drainage sedIment on Its journey to Clearwater Harbor. The small sump
rapIdly fills with sediment. requIring closing a portion of the golf course for mechanical removal several
times each year. On at least one occasion the sediment overflowed the low weir and mIgrated
downstream. further degrading brackish waters of Stevenson Creek,
. . The City's Stevenson Creek Watershed Management Plan ("Plan") recommends the City undertake
Project 2A - Palmetto Street Sediment Sump In order to expand the sedimentation basin north of Palmetto.
, provide Improved equipment access and staging areas, and reduce maintenance frequency. The Plan
ranks thIs project as a 10 on a 0 - 10 grading scale.
o The proposed project requires acquisition of all of Lot 1. Block E. PINE BROOK UNIT NO.2, and portions of the
fee estates, temporary construction easements and perpetual maintenance easements across creek.slde
portions of the subject Lot 4 and abuttIng Lot 5 In the same block.
. Contracts to purchase Lot 1 and the required Interests In Lot 5 have been signed by the sellers and will be
brought forward as separate Items for Commission action.
. The total purchase price to be paid under the subject contract for interests to be acquired In Lot 4 reflect
valuations of the various acquIsition Interests as determined by appraIsal performed April 24, 2002 by
Kenneth Frost, MAl, plus $1.300 as added consIderation for the Sellers entering Into the subject contract.
. The fee simple portion the City will acquire contains approximately 3,105 square feet valued at $5.900. The
1.850 square foot perpetual easement Is valued at $1.900. and the 1,SOO square foot temporary
constructIon e05ement Is valued at $1.000.
. Resolution 01-21 was passed on November 15. 2001; establishIng the City's Intent to reimburse certaIn
Stormwater Utility project costs Incurred wIth future tax-exempt financing. The projects Identified with 2002 ; I
revenue' bonds as a funding source were Included In the project list associated with Resolution 01-21.
. Sufficient budget for 02 Stormwater Revenue Bond proceeds Is available In project 377-96144 (stevenson
Creek Implementation Projects) to fund thIs purchase and its associated acquIsition expenses In
FY2001/2'002.
'. A copy of the Purchase Contract Is available for review In the City Clerk Department
Revlewod by: f;' ,~ Originating Dopt: "7'\"(~ Costs:
Legal 't/ Info SIVC , Public Works (E. Barrott Total $11,600
NA
Budget PUbIiCW~ UsorDopt. Funding Sourco:
PurchasIng DCM/AC , Current FY $11.600 Cl X
Risk Mgmt NA . Other Attachmonts OP
Area Locator Map Other
,
I~ ProJoct/Parcel Locator Map
Submlttod by: ~~
City Manager Aooroorlatlon Codo: 377.96144.560100.539.000
o Printed on rec clod a er 5: pwa on pwa1/engln/word/agenda/palmolto sump-wadI:! agn 06D2.doc Rev. 2198
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08/13/2002 14:00 '7275G247S5'
Et~G
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EX'HIBI'T " A"
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CITY or CLEARWATER I FLORIDA
PUBLIC WORKS ADMINISTRATION'
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LEGAL DRAWlN
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~ BROOK UNIT NO.2, BJk. E, Lot 4
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, CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: Wallace Wade, a married man, joined by Ernestine U. Wade, his wife, (herein "Seller"), of
' 1007 North Betty Lane, Clearwater, Florida 33755-3303 Phone: (727) 447-7197, and the CITY OF
CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or "City") of
P. O. Box 4748, Clearwater, Florida 337584748, ATTENTION: William B. Horne, II, City Manager.
(collectively "Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real
property f'Resl Property") and personal property ("Personalty") (collectively "Propertytt) upon the
following terms and conditions. '
1. PROPERTY DESCRIPTIQt:l
LEGAL DESCRIPTIONS: (See EXHIBIT !lA", Pages 1 & 2, attached and a part hereof)
(A) - Fee Simple Parcel: 3,105 sq~ ft., more or less, including all improvements, landscaping
and trees thereon and therein, in "as is" condition.
(B) ~ PerpettJal Easement Parcel: 1,850 sq. ft:, more or less.
(C) -Temporary Easement Parcel: 1,500 sq. ft., more or less
PERSONALTY:
NONE
2. FULL PURCHASE PRICI;:
(A) $5,900
(B) $1,900
(e) $1,000
$ 8,aoO.00
$ 1 ,300.00
$ 10,100.00
CONS'IDERATION FOR ENTERING INTO CONTRACT:
TOTAL PURCHASE PRICE:
3. ,MANNER OF PAYMENt: City of Clearwater check in U.S. funds
at time of closing ......................................... $ 10,100.00
4. PURCHASE PRICE OETE;RMINATtON
The ,Full Purchase Price as shown herein has been reached through negotiations with the Seller by City
staff. The Purchase Price as to Parcels (A), (8) & (C) is based upon appraisal performed April 24, 2002
by Kenneth Frost, MAl, SRA, CRE. Frost Appraisal/Market Consultants, Inc.
5. TIME FOR ACCEPTANCE; APPROVALS
Following execution of this contract by Seller. the price. terms and conditions as contained herein shall
remain unchanged and be held unconditionally open for a period of 60 days following delivery in
duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer,
or rejection by action of the Clearwater City Commission (ItCommissionlt). If this agreement Is accepted
and approved by the Commission, it will be executed by duly authorized City officials and delivered to
Buyer within 10 days thereafter. If a counter~offer is approved by the Commissionj it shall be delivered
to Seller in writing within 10 days of such action by the City Commission, and Seller shall have 10 days
thereafter to deliver to Buyer written notice of acceptance or rejection of such counter-offer. If written
I":": ',,"
notice of acceptance is not timely delivered, or if the counter-offer is rejected by Seller, this contract
shall thereafter be null and void in all respects. If this contract is rejected by the Commission upon initial
presentation to the Commission, this contract shall be null and void in all respects and Buyer shall be
so informed in writing within 5 days of such action.
6. III.LE
Seller warrants legal capacity to and shall convey marketable title to Parcel (A) - Fee Simple Parcel by
Statutory Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer, and
partial r(3lease provisions of Paragraph 8. At closing Seller shall also convey by sufficient recordable
instrument a perpetual easement for ingress/egress and maintenance purposes over and across Parcel
(8) - Easement Parcel subject to acceptable encumbrances as provided hereafter. Otherwise title shall
be free of liens, easements and encumbrances of record or known to Seller, but subject to property
taxes for the year of closing; covenants. restrictions and public utility easements of record; and no
others provided there exists at closing no violation of the foregoing and none of them prevents Buyer's
'Intended use of the Property. Seller warrants and represents that there is ingress and egress to the
Real Property sufficient for the intended use as described herein.
7. TITLE EVIDENCE
Prior to closing,the City, at City option and expense, may obtain a title insurance commitment issued by
, a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in
this Contract, and those which shall be discharged by Seller at or before closing, Seller shall convey a
marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this
Contract. Marketable title shall be determined according to applicable Title Standards adopted by The
Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to
examine it. If title is found defective. Buyer shall, within 3 days thereafter, notify Seller in writing
specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of
notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting
the title as it then is or withdrawing from this Contract. Seller will. if title is found unmarketable, make
diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of
necessary suits.
8. LIEN RELEASES & SUBORDINATION OF INTERESTS
First Mortgage lien (BSI Financial Services, Inc. Loan No. 0018 037681 14) having an approximate
balance of $6,800 as of October 1, 2002 shall be paid in full from purchase proceeds at time of Closing.
This sale is further subject to the City of Clearwater, mortgage under that certain mortgage recorded in
O. R. 7902. Page 2179. Public Records of Pinellas County, Florida, executing in recordable form a
partial release as to Parcel "A", and subordinating its interests as to Parcels "B" and "C" as may be
required for title insurance purposes.
9. .5.llB~
Buyer, at Buye'-'s expense. within time allowed to deliver evidence of title and to examine same, shall
have the respective Real Property interests to be acquired hereby surveyed and certified to the Buyer,
Seller, primary lender of record and closing agent by a registered Florida land surveyor. If survey
shows any encroachment on Real Property, or that improvements located on Real Property encroach
on setback lines, easementst lands of others. or violate any restrictions. contract covenants or .
Page 2 of 6
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applicable governmental regulation, the same shall constitute a title defect. The survey shall be
performed to minimum technical standards of the Florida Administrative Code and may include a
description of the property under the Florida Coordinate System as defined in Chapter 117, Florida
Statutes. '
10. CLOSING PLACE AND DAT~
Buyer shall designate closing agent and this transaction shall be clos~d in the offices of the designated
, closing agent in Pinellas County, Florida, within 90 days of the effective datel unless extended by other
provisions of t~is contract. If either party is unable to comply with any provision of this contract within
the time allowed, and be prepared to close as set forth above, after making all 'reasonable and diligent
efforts to comply, then upon giving written notice to the other party, time of closing may be extended up
to 60 days without effect upon any other term, covenant or condition contained in this contract.
11. CI aSING ,DOCUMENTS
Buyer shall furnish closing statements for the respective parties, deed, mechanic's lien affidavit,
mortgage estoppels letters, temporary and perpetual easement documentation and corrective
instruments.
12. CLOSING EXPENSES
Documentary stamps on the deedl unless this transaction is exempt under Chapter 201.24, Florida
Statutes, shall be paid by the City. Seller shall pay the costs of recording any corrective instruments.
Recordation of the deed, grant of easement and partial releases of liens shall be paid by Buyer.
13. eRORATIONS
There shall be no proration, collection or credit given Buyer, for taxes, assessments, rent (if any) or
other revenue of the Property through the day before closing. It is not anticipated that the real property
interests being acquired by Buyer will result in any significant revision of the assessed valuation of the
SUbject property by the Pinellas County Property Appraiser.
14. OCCUPANCY
Seller warrants that there are no parties in or entitled to occupancy other than the Seller, or as
otherwise disclosed herein
15. ~OPERTV CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present lias isi, condition, ordinary wear
and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller '
'makes no warranties other than is disclosed herein in Paragraph 18 rSELLER W ARRANTIES") and
, marketability of title.
Page 3 of 6
16. PROGEEDS OF SALE; CLOSING PROCEDURE
The deed, releases of lien, easement instruments and any other recordable documentation required to
perfect title shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by
Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5
days from and after closing, during which time evidence of title shall be continued at Buyers expense to
, show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable
from the date of the last title evidence. If Sellers title is rendered unmarketable through no fault of the
Buyer, Buyer shall, within the 5Mday period, notify Ule Seller in writing of the defect and Seller shall have
30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the
defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within
5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return
Personalty and vacate Real Property and reconvey it to Seller. by special warranty deed. If Buyer fails
to make timely demand for refund, Buyer shall take title lias is'" waiving all rights against Seller as to
any intervening defect except as may be available to Buyer by virtue of warranties contained in the
deed. The escrow and closing procedure required by this provision may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S. (1987), as amended.
17. DEFAULI
If this transaction is not closed due to any default or failure on the part of the Seller, other than to make
the title marketable after diligent effort, 'Buyer may seek specific performance or unilaterally cancel this
agreement upon giving written notice to Seller. If this transaction is not closed due to any default or
failure on the part of the Buyer. Seller may seek specific perfo~mance.
18. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect the value of the
Property, or which would be detrimental to the Property, or which would effect Buyers desire to
purchase the property except as follows: (Specify known defects. If none are known, write ((NONE")
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Buyer shall have 45 days to investigate said matters as disclosed by the Seller, and shall notify Seller in
writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall
elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be '
deemed to have waived any objection to the disclosed matters and shall have the obligation to close on
the contract.
19. RADON GAS NOTIFICATION
In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as amended, Buyer is
hereby Informed as follows:
, Page 4 of 6
RADON GAS: Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health
risks to persons who are exposed to it over time. Levels of radon that
, exceed federal and state guidelines have been found in buildings in Florida.
Additional Information regarding radon and radon testing may be obtained
from your county public health unit.
20. CONTRACT NOT R,ECORDABLE; PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind
and inure to the benefit of the parties and their successors in interest. Whenever the context permits,
, singular shall include plural and one gender shall include,al!.
21. NOTICF.,
, All notices provided for herein shall be deemed to have been duly given if and when deposited in the
'United States Mail, properly stamped and addressed to the respective party to be notified, including the
parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who
will in any way act at the behest of the parties to satisfy all terms and conditions of this contract.
22. ASSIGNABILITY; PERSONS BOUND
This contract is not assignable. The terms "Buye~'. "Selle~', and "Broke~' (if any) may be singular or
plural. This Contract is binding upon Buyer. Seller, and, as respectively applicable, their heirs,
successors and personal representatives.
'i
23. ATTORNEY FEES; COSTS
In any litigation arising out ofthis contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
24. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions 'of contract in conflict with them.
25. EFFECT OF PARTIAL INVALIDITY
The Invalidity of any provision of this contract will not and shall not be deemed to effect the validity of
any other provision. In the event that any provision of this contract is held to be invalidt the parties
, agree t,hat the remaining provisions shall be deemed to be in full force and effect as if they had been
~xecuted by both parties subsequent to the expungement of the invalid provision.
26. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and
'enforced in accordance with the laws of the State of Florida.
Page 5 of 6
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27. COUNTERPARTS; FACSIMILE COPY
This contract may be executed in two or more counterparts. each of which shall be deemed an original
and all of which together shall constitute one instrument. A facsimile copy of this contract. including any
add,endum. attachments and any written modifications hereof. and any initials or signature thereon shall '
be d~ert:led an original. '
28. EXHIBITS ATTACHED
Exhibit A - Preliminary sketch depicting proposed Parcel (A) ~ Fee Parcel. Parcel (B) - Perpetual
Easement. and Parcel (C) - Temporary Easement. Actual parcel descriptions and dimensions shall be
provided by certified sUlvey as provided in Paragraph 9 hereof.
29. ENTIRE AGREEMENT '
., , ' Upon execution by Seller and Buyer. this contract shall constitute the entire agreement between the
parties. shall supersede any and all prior and contemporaneous written and oral promises.
1. ,', representations or conditions in respect thereto. All prior negotiations, agreements. memoranda and
; writings shall be merged herein. Any chang~s to be made in this agreement shall only be valid when
expressed in writing. acknowledged by the parties and incorporated herein or attached hereto.
,;
, ,
Approved and accepted'this
day of
.2002.
CITY OF CLEARWATER, FLORIDA
Countersigned:
By:
Brian J. Aungst
Mayor-Commissioner
William B. Horne II
City Manager
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'. Approved as to form:
Attest:
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John, Carassas
As'sistant City Attorney
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Cynthia E. Goudeau
, City Clerk
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, C rl},lle, ,~ l ~' -UttdL
, Ernestine U Wade
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Wallace Wade
Ebarrelt on pwalClty Buys/Stevenson Sump (Wade) 0502,doc
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EXHIBIT "A"
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, , Legal Descriptions - Partial Acquisition
JParcels At B & C - PINE BROOK UNIT NO. 2~ Block E~ Lot 4~ .
.e,lat Book 231. Paae 71. Public Records of Pinellas County. Florida},
':. .. ' " Parcel A: (F,ee Simple Acquisition - 3,105 sq. ft., mol)
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PINE BROOK UNIT NO.2, Block E, Lot 4 LESS the west 225 feet. '
Parcel B: (Perpetual Easement -1,850 sq. ft., ~)ol)
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The east 25 feet of the west 225 feet of PllNE BROOK UNIT NO.2,
Block E, Lot 4
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,', Parcel C: (Temporary Easement -1,500 sq. ft., mol)
The east 20 feet of the west 200 feet of PINE BROOK UNIT NO.2,
, Block E, Lot 4,
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CITY or CLEARWATER. f'LORIOA
PUBLIC WORKS ADMINISfRATION
ENGINEERING
LEGAL DRAWING
LOl 4 BLOCK "E"
PINE8ROOK UNIT 2
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Clearwater City
Commission
Agenda Cover
MemorandulTI
SUBJECT/RECOMMENDATION: Approve a contract with Annie Bfrt to purchase a portion of her fee
estate and certain temporary and perpetual easement rights In PINE BROOK UNIT NO. 21 Block EI Lot 51
for S 1 0, 100 plus estimated survey costs, title Insurance fees and closing costs of $1500, for a total
acquisItion amount not to exceed $11,600. '
.
Work sessIon Item II: Y uJ 5
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Final Agenda Item II
Meeting Dote:
08-22-02
1&1 and that the appropriate officials be authorized to execute some.
SUMMARY:
. A small sediment sump on the Clearwater Country Club Golf Course on the south sIde of Palmetto Street
presently collects Stevenson Creek drainage sediment on Its Journey to Clearwater Harbor. The small sump
rapidly fills with sediment, requirIng closing a portion of the golf course for mechanical removal several
tImes eoch year. On at least one occasion the sediment overflowed the low weIr and mIgrated
downstream. further degrading brackish woters of Stevenson Creek.
. ' The City's Stevenson Creek Watershed Management Plan r PlanW) recommends the City undertake
Project 2A - Palmetto Street Sediment Sump In order to expand the sedimentation basin north of Palmetto.
provIde Improved equIpment access and staging areas. and reduce maintenance frequency, The Plan
ranks this project as a lOon a 0 - 10 grading scale.
. The proposed project requires acquisition of 011 of Lot 1, Block E. PINE BROOK UNIT NO.2. and portions of the
fee estates. temporary constructIon easements and perpetual maintenance easements across creek-side
portions of the subject Lot 5 and abutting on the south. lot 4 In the same block.
. Contracts to purchase lot 1 and the required Interests In lot 4 have been sIgned by the sellers and will be
brought forward as separate Items for CommIssIon action.
. The total purchase prIce to be paId under the subject contract for Interests to be acquired In Lot 5 reflect
'actual valuations of the various acquisItion Interests as determined by appraisal performed'Aprll 24. 2002
by Kenneth Frost, MAl.
o The fee sImple portion the City will acquire contains approximately 3,640 square feet valued at $7,200. The
1.875 square foot perpetual easement Is valued at $1.900, and the 2.250 square foot temporary
construction easement Is valued at $1,000,
. Resolution 01-21 was passed on November 15. 2001; establishIng the City's Intent to reimburse certain
Stormwater Utility project costs Incurred with future tax-exempt financing. The projects Identified with 2002
revenue bonds as a funding source were Included In the project list associated with Resolution 01-21,
. Sufficient budget for 02 Storm water Revenue Bond proceeds Is available In project 377.96144 (Stevenson
Cree~ lmplementatlorf Projects) to fund this purchase and its associated acquisition expenses In
FY2001/2002.
. A copy of the Purchase Contract Is available for revIew In the City Clerk Department
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Rovlewed by:
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Budget ~
PurChasing 'liA--
Risk Mgmt NA
Info Srvc
Public Works -
OCM/ACM
Other
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NA Public Works (E. Barroh)
Usar Copt.
Costs:
Total
$11,600
Current FY
$11,600
Funding Sourco:
CI X
OP
Other
NA Attachmonts
Araa Locator Map
;.
~ ProJoct/Parcol Locator Map
Submitted by: "D!.' J J ' _
City Manugor '~~
A ro rlatlon Codo: 377.96144.560100.539.000
Printed on recycled paper S:pwa on pwa1/englnlword/agenda/pall11olto sump-blrt ago 0602.doc Rov.219B
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BS/13/2002 14:00' 7275624755
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CITY OF' CLEARWATER, FLORIDA
PUBLIC WORKS ADM'~~ISTRATION
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ENGtNEERINq
l(GAL ORAWIN
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t.I3/o.RIlCll PINE BROOK UNIT 2
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CLEARW" TER COMPRE:/-IEtlSj\/E
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CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: Annie W. Birt, an unmarried woman, (herein lISeller'I), of 1009 North Betty Lane, ClealWater,
Florida 33755-3303 Phone: (727) 446-0602, and the CITY OF CLEARWATER, FLORIDA; a Municipal
Corporation of the ~tate of Florida (herein "Buyerll or "Cityll) of P. O. Box 4748; ClealWater, Florida
337584748, ATTENTION: William B. Horne, II, City Managerl (collectively "Parties") hereby agree that
, . the Seller shall sell and Buyer shall buy the following real property CHeal Property") and personal
property ("Personalty") (collectively "Property") upon the following terms and conditions.
1, PROPERTY DESCRIPTION
LEGAL DESCRIPTIONS: (See Exhibit HAItJ Pages 1 & 2 attached hereto)
(A) - Fee Simple Parcel: 3,640 sq, ft., more or less, including all improvements, landscaping
and trees thereon and therein, in "as is" condition,
(B) - Perpetual Easement Parcel: 1,8'75 sq. ft., more or less.
(e) -Temporary Easement Parcel: 2,250 sq. ft" more or less
PERSONAL TV:
NONE
2, FULL PURCHASE PRICE:
(A) $7,200
(B) $1,900
(e) $1,000
TOTAL:
$
10,100.00
3, MANNER OF PAYMENT: City of Clearwater check in U.S. funds
at time of closing ....,.., t......",..... ...".....",... ..., $
10,100.00
4, PURCHASE PRICE DETERMINATION
The Full Purchase Price as shown herein has been reached through negotiations with'the Seller by City
staff. The Purchase Price is based upon appraisal performed April 24, 2002 by K.enneth Frost, MAi,
SRA, CRE, Frost Appraisal/Market Consultants, tnc.
5. TiME FOR ACCEPTANCE; APPROVALS
Following execution of this contract by Seller, the price, terms and conditions as contained herein shall
remain unchanged and be held unconditionally open fo'r a period of 60 days following delivery in
duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer,
or rejection by action of the Clearwater City Commission ("Commission"). If this agreement is accepted
and approved by the Commission, it will be executed by duly authorized City officials and delivered to
Buyer within 10 days thereafter. If a counter-offer is approved by the CommissIon, it shall be delivered
to Seller in writing within 10 days of such action by the City Commission, and Seller shall have 10 days
thereafter to deliver to Buyer written notice of acceptance or rejection of such counter-offer. If written
. notice of acceptance is not timely delivered, or if the counter-offer Is rejected by Seller, this contract
shall thereafter be null and void in all respects. If this contract is rejected by the Commission upon initial
presentation, to the Commission. this contract shall be null and void In all respects and Buyer shall be
so ~nformed in writing within 5 days of such action.
!
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6. TITLE
Seller warrants legal capacity to and shall convey marketable title to Parcel (A) - Fee Simple Parcel by
Statutory Warranty Deedl sUbject only to matters contained in Paragraph 7 acceptable to Buyer, anti
partial release provisions of Paragraph 8. At closing Seller shall also convey by sufficient recordable
instrument a perpetual easement for ingress/egress and maintenance purposes over and across Parcel
(8) - Easement Parcel subject to acceptable encumbrances as provided hereafter. Otherwise title shall
be free of Iiensl easements and encumbrances of record or known to Seller, but subject to property
taxes for the year of closing; covenants, restrictions and public utility easements of record; and no
others provided there exists at closing no violation of the foregoing and none of them prevents Buyers
intended use of the Property. Seller warrants and represents that there is ingress and egress to the
Real Property sufficient for the intended use as described herein.
7, TITLE EVIDENCE
Prior to closing the City, at City option and expense, may obtain a title insurance commitment issued by
a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in
this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a
marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this
Contract. Marketable title shall be determined according to applicable Title Standards adopted by The
Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to
examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing
specifying'defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of
notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting
the title as it then is or withdrawing from this Contract.' Seller will, jf title is found unmarketable, make
diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of
necessary suits.
8, PARTIAL RELEASE - PARCEL (A): SU80RDINATJON - PARCEL (8)
Pursuant to requirements of Paragraph 6 with respect to Parcel (A) - Fee Simple Parcel, purchase sl1all
. be subject to lenders of record release of the subject parcel from the lien of mortgage by providing a
Partial Release of Lien or similar instrument in recordable form at time of closing. Purchase is
additionally subject to lenders of record subordinating their respective lien of mortgage to the Buyer's
perpetual easement interest to be acquired in Parcel (B). Buyer shall provide lenders with a copy of the
appraisal report specified in Paragraph 4, and a boundary survey obtained pursuant to Paragraph 9.
Seller shall not be obligated to pay lenders more than the total appraised valuation for Parcel (A) to
obtain the partial releases required hereby. It is anticipated all other proceeds of purchase; i.e.,
. payment for parcels Band C, shall be paid to Seller without deduction. Buyer shall not be obligated to
pay any lender of record more than $200 for administrative costs associated with the requirements of
this paragraph.
9, SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of tiUe and to examine same, shall
have the respective Real Property interests to be acquired hereby surveyed and certified to the Buyer,
Seller, primary lender of record and closing agent by a registered Florida land surveyor. If survey
. shows any encroachment on Real Property, or that improvements located on Real Property encroach
Page 2 of 6
on setback lines, easements I lands of othersl or violate any restrictions, contract covenants or
applicable governmental regulation, the same shall constitute a title defect. The survey shall be
performed to minimum technical standards of the Florida Administrative Code and may include a
description of the property under the Florida Coordinate System as defined in Chapter 117, Florida
Statutes.
10. CLOSING PLACE AND DATE
Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated
. closing agent in Pinellas CountYI Florida, within 90 days of the effective date, unless extended by other
. provisions of this contract. If either party is unable to comply with any provision of this contract within
the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent
efforts to comply, then upon giving written notice to the other party, time of closing may be extended up
to 60 days without effect upon any other term, covenant or condition contained in this contract.
11, Cl aSING DOCUMENTS
Buyer shall furnish closing statements for the respective parties, deed, mechanic's lien affidavit,
mortgage estoppels letters, temporary and perpetual easement documentation and corrective
instruments.
12. CLOSING EXPENSES
Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Florida
Statutes, shall be paid by the City. Seller shall pay the costs of recording any corrective instruments.
Recordation of the deed, grant of easement and partial releases of liens shall be paid by Buyer.
13. pRORATIONS
There shall be no proration, collection or credit given Buyerl for taxes, assessments, rent (if any) or
other revenue of the Property through the day before closing. It is not anticipated that the real property
interests being acquired by Buyer will result in any significant revision of the assessed valuation of the
subject property by the Pinellas County Property Appraiser.
14. OCCUPANCY
Seller warrants that there are no parties in or entitled to occupancy other than the Seller, or as
otherwise disclosed herein
'15. EJ~OPERTY CONDITlQH
Seller shall deliver the Property to Buyer at time of closing in its present lias isH condition, ordinary wear
and tear excepted, and'shall maintain the landscaping and grounds in a comparable condition. Seller
makes no warranties other than is disclosed herein in Paragraph 18 ("SELLER W ARRANTI ESII) and
marketability of title~
Page 3 of 6
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16, PROCEEDS OF SAl E; CLOSING PROCEDURE
The deed, releases of Hen, easement instruments and any other recordable documentation required to
perfect title shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by
Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5
days from and after closing I during which time evidence of title shall be continued at Buyer's expense to
show title in Buyer. without any encumbrances or change which would render Seller's title unmarketable
from the date of the last title evidence. If Seller's title is rendered unmarketable th'"ough no fault of the
Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defe~t Clnd Seller shall have
30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the
defectl all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within
5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall relurn
Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails
to make timely demand for refund, Buyer shall take title tlas is''. waiving all rights against Seller as to
any intelVening defect except as may be available to' Buyer by virtue of warranties contained in the
deed. The escrow and closing procedure required by this provision may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S. (1987), as amended.
17. DEFAULT
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If this transaction is not closed due to any default or failure on the part of the Seller, other than to make
the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this
agreement upon giving written notice to Seller. If this transaction is not closed due to any default or
failure on the part of the Buyerl Seller may seek specific performance.
18. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect the value of the
Property, or which would be detrimental to the Property, or which would effect Buyer's desire to
purchase the property except as follows: (Specify known defects. If none are known, write "NONEIt)
Buyer shall have 45 days to investigate said 'matters as disclosed by the Seller, and shall notify Seller in
, ' writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall
elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be
deemed to have waived ai1Y objection to the disclosed matters and shall have the obligation to close on
the contract.
19. RADON GAS NOTIFICAT'QN
In accordance with provisions of Section 404.056(8), Florida Statutes (1989)1 as amended. Buyer is
hereby informed as follows:
Page 4 of 6
I
,
.
RADON GAS: Radon is a naturally occurring radioactive gas that, when it
has accumulated In a building in sufficient quantities, may present health
, risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained
from your county public health unit.
20, CONTRACT NOT RECORDABLE; PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind
and inure to the benefit of the parties and their successors in interest. Whenever the context permits,
singular shall include plural and one gender shall include all.
21, NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the
United States Mail, properly stamped and addressed to the respective party to be notified, including the
parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who
. will in any way act at the behest of the parties to satisfy all terms and conditions of this contract.
22. ASSIGN~BILlTY; PERSONS BOUND
This contract is not assignable. The terms "Buyer", ltSellerlf, and "Broker'1 (if any) may be singular or
plural. This Contract is binding upon Buyer, Seller, and, as respectively applicable, their heirs,
successors and personal representatives.
23. ATTORNEY FEeS; COSTS
In ~ny litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
24, TYPEWRITTEN OR HANDWRITTEN PROVISIONS
,
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
25. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of
any other provision. In the event that any provision of this contract is held to be invalid, the parties
agree that the remaining prOVisions shall be deemed to be in full force and effect as jf they had been
executed by both parties subsequent to the expungement of the invalid provision.
26. GOVERNING LAW
It Is agreed by and between the parties hereto that this contract shall be governed by, construed, and
enforced in accordance with the laws of the State of Florida.
Page 5 of 6
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27, COUNTERPARTS; FACSIMILE COpy
This contract may be executed In two or more counterpartst each of which shall be deemed an original
and all of which together shall constitute one instrument. A facsimile copy of this contract. including any
addendum; attachments and any written modifications hereof, and any initials or signature thereon shall
be deemed an original.
28, EXHIBITS ATTACHED
Exhibit A - Preliminary sketch depicting proposed Pan?el (A) - Fee Parcel, Parcel (8) - Perpetual
Easement, and Parcel (C) - Temporary Easement. Actual parcel descriptions and dimensions shall be
provided by certified survey as provided in Paragraph 9 hereof.
29. ENTIRE AGREEMENT
Upon execution by"Seller and Buyer; this contract shall constitute the 'entire agreement between the
parties, shall supersede any and all prior and contemporaneous written and oral promises,
representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and
writings shall be merged herein. Any changes to be made in this agreement shall only be valid when
expressed in writing; acknowledged by the parties and incorporated herein or attached hereto.
Approved and accepted this
day of
,2002.
CITY OF CLEARWATER, FLORIDA
Countersigned:
By:
Brian J. Aungst
Mayor-Commissioner
William B. Horne II
City Manager
, Appr~d_as to_fg.rlIt_..
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Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk' ,
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Annie W. Sirt
Ebarrett on pwa/Clty Buys/Slevonson Sump (Blrt) 0502.doc
Page 6 of 6
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EXHIBIT" A" ,
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(Page 1 of 2)
LEGAL DESCRIPTIONS ~ PARTIAL ACQUISITION, '
'.. ,lParcels At B.& C - PINE BROOK UNIT NO. 2,Block'E, Lot 5,
" Plat Book,23, Paae 71. Public Records of Pinellas County, Florida}
Parcel A~ (Fee Sl~ple Acquisition - 3,640 sq, ft,,'mol)
PINE BROOK UNIT NO.2, Block E, Lot 5 LESS the west 225 feet
Parcel B: (Perpetual Easement -1,875 sq, ft, mol)
, The east 25 fee of the west 225 feet of PINE BROOK UNIT NO, 2,
Block E, Lot 5
Parcel C:' (Temporary. Easement - 1,950 sq. ft" mol)
The east 30 feet.of the west 200 feet of PINE BROOKUNIT NO. .2,
Block E, Lot 5
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EXHIBIT "A"
(Page 2 of 2)
" 50'
Scale 1 =
This is not a survey
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PALMETTO STREET
II
CITY Of CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
lEGAL DRAWING
LOT 5- BLOCK HE"
PINEBROOK UNIT 2
u..u 1LCr- r~-IIIHCii
Q~/22/2002 PLAT BOOK 2:l PAGE: 7\ IO~2~S-'~
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Clearwater City
Commission
Agenda Cover
Memorandum
SUBJECT/RECOMMENDATION: Approve a contract with Robert E. and Sara J. King to purchase PINE
BROOK UNIT NO. 2t Block E, Lot 1, for $100,000 plus estImated sUlVsy costs, tItle Insurance fees and
closing costs of $1800, for a total acquisition amount not to exceed $101.800,
.
Work session Item #: -P uJ ~
dl'(
Final Agenda Item #
Meeting Dote:
08-22-02
. IE and that the appropriate officials be authorIzed to execute same.
SUMMARY:
. A small sediment sump on the Clearwater Country Club Golf Course on the south side of Palmetto Street
presently collects Stevenson Creek drainage sediment on Its Journey to Clearwater Harbor. The small sump
rapidly fllls with sediment, requiring closing a portion of the golf course for mechanIcal removal several
times each year. On at least one occasion the sediment overflowed the low weir and migrated
downstream, further degrading brac,kish waters of Stevenson Creek.
. The City's Stevenson Creek Watershed Management Plan (" Plan") recommends the City undertake
Project 2A - Palmetto Street Sediment Sump In order to expand the sedimentatIon basin north of Palmetto,
provIde Improved equIpment access and staging areas, and reduce maintenance frequency. The plan
ranks this project as a 10 on a 0 - 10 grading scale.
. The proposed project requIres acquisitIon of the entire subject Lot 1, Block E. PINE BROOK UNIT NO.2, and
portions of the fee estates, temporary construction easements and perpetual maIntenance easements
across creek-side portions of Lots 4 and 5 In the same block. Contracts to purchase the requIred interests In
Lot s 4 and 5 will be brought forward as separate Items for CommIssion aeilon.
. The subject property was appraIsed by state certified appraiser Michael McKinley, SRA. on January 11,
2002 at $76,000. The additional $24,000 Is provided as additional premium to defray the hIgher cost of .
suitable replacement housing and relocation expenses.
. ,The contract provides that the sellers may, at their option. retaIn rent-free occupancy following closIng for
up to 4 months. $5,000 of the purchase price will be held In escrow until the property Is vacated.
. Resolution 01-21 was passed on November 15, 2001: establishing the City's Intent to reimburse certaIn
Stormwater Utility project costs Incurred wIth future tax-exempt financing. The projects Identified with 2002
revenue bonds as a funding source were Included In the project list associated with Resolution 01-21.
. Sufficient budget for '02 Storl11water Revenue Bond proceeds,ls available In project 377-96144 (Stevenson
Creek ImplementatIon Projects) to fund this purchase and Its associated acquisition expenses In
FY/2001/2002.
. A copy of the Purchase Contract Is available for revIew In the CIty Clerk Department.
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Reviewed by: .
Legal ~/""-.,,
Budget ~~
Purchasing .NA
Risk Mgmt NA
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Originating Copt: '7'1\. )
Public Works (E. Barro t)
Usor Copt.
Costs:
Total
$101,800
Info Srvc NA
Public work4;
OCM/ACM
Other A
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Current FY
$101,800
Funding Source:
CI X
OP
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Attachments
Locator Map
Submitted by: 1'2 ~ J J
City Manager r::MUJ ~ A ro rlallon Code: 377.96144,560100-539-000
Prlnt.d on rtcyclDd paper S:pwa on pwa1/ongln/word/agenda/plllmetto sump-King agn 0602.doc Rev. 2/98
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08/13/2002 14:00
72 751:,24 755
DIG
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LOCATOR MAP
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CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: Robert E. & Sara J. King, husband and wife, (herein "Seller"), of 1312 Palmetto St.1
Clearwater. Fl., Phone: (727) 447-8426, and the CITY OF CLEARWATER, FLORIDA, a Municipal
Corporation of the State of Florida (herein "Buyer' or "CityU) of P. O. Box 4748, Clearwater, Florida
33758-4748, ATTENTION: VVilliam B. Horne, II, City Manager, (collectively "Parties") hereby agree that
the Seller shall, sell and Buyer shall buy the following real property ("Real PropertyU) and personal
property rPersonalty") (collectively lIProperty") upon the following terms and conditions.
1, LEGAL DESCRIPTION: PINE BROOK UNIT 2, Block "Elf, Lot 1, as recorded in Plat Book 23,
Page 71, Public Records of Pinellas County, Florida,
PERSONAL TV: None included in purchase price. Seller may remove any fixtures attached to
and a part of the improvements so long as base structure remains weatherproof and secure,
...
, .
2, FllLL PURCHASE PRICE .................................................................................. ...$ 100,000.00
3. Real Property' It. .... .... ......., II- ,. .." ,.. Ii ,. ,..........., ,_.. ,.. ,.. II .....,.., ..................... t..., ...;. ,.$ 76,000.00
b, Replacement housing premium and relocation expenses...............,.....$ 24,000.00
3, MANNER OF PAYMENT: City of Clearwater check in U.S. funds
at time of closing .............. ........ ............. ....... . ..... ....... .. . ,.. *$ 100rOOO.00
*If Seller is to remain in occupancy following closing $5,000.00 of purchase proceeds shall be held in
escrow by closing agent under provisions of Paragraph 13 (Occupancy).
4, PURCHASE PRICE DETERMINATION
The Full Purchase Price as shown herein has been reached through negotiations with the Seller by City
staff. Michael R. McKinleYl' SRA, appraIsed the real property on January 11, 2002. The appraisers
, value conclusion as of the appraisal date was $76,500. '
5. TIME FOR ACCEPTANCE; APPROVALS
Following execution of this contract by Seller, the price, terms and conditions as contained herein shall
remain unchanged and be held unconditionally open for a period of 60 days following delivery in
. duplicate original to. City Manager of the City of Clearwater for acceptance and approval, counter-offer,
or rejection by action of the Clearwater City Commission ("Commission"). If this agreement is accepted
, and approved by the Commission, it will be executed by duly authorized City officials and delivered to
Buyer within 10 days thereafter. If a counter-offer is approved by the Commission, Jt shall be delivered
to Seller in writing within 10 days of such action by the City Commission, and Seller shall have 10 days
thereafter to deliver to Buyer written notice of acceptance or rejection of such counter-offer. If written
notice of acceptance is not timely delivered, or if the counter-offer is rejected by Seller, this contract
shall thereafter be null and void in all respects, If this contract is rejected by the Commission upon initial
presentation to the Commission, this contract shall be null and void in all respects and Buyer shall be
so informed in writing within 5 days of such action,
__~ .411
6. TITLE
Seller warrants legal capacIty to and shall convey marketable title to the Property by Statutory
Warranty, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title, shall
be free of liens. easements and encumbrances of record or known to Seller, but subject to property
taxes for the year of closing; covenants. restrictions and public utIlity easements of record; and no
others provided there exists at closing no violation of the foregoing and none of them prevents Buyer's
intended use of the Property. Seller .warrants and represents that there is ingress and egress to the
Real Property sufficient for the intended use as described herein.
7. TJTLE EVIDENCE
Buyer may. at Buyer expense obtain a title insurance commitment issued by a Florida licensed tiUe
insurer not later than 10 days prior to closing agreeing to liens. encumbrances, exceptions or
qualifications set forth in this Contract, and those which shall be discharged by Seller at or before
closing. Seller shall convey a marketable tiUe subject only to liens, encumbrances, exceptions or
qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title
,Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from
receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter,
notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have
120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the
option of either accepting the title as it then is or withdrawing from this Contract., Seller will, if tiUe is
found unmarketablel make diligent effort to correct defect(s) in title within the time provided therefor,
including the bringing of necessary suits.
8, SURVEY
Buyer, at Buyer's expensel within time allowed to deliver evidence of title and to examine same, may
have Real Property sUlveyed and certified to the Buyer, Seller and closing agent by a registered Florida
land surveyor. If survey shows any encroachment on Real Property, or that improvements located on
Real Property encroach on setback lines, easements, lands of others, or violate any restrictions,
contract covenants or applicable governmental regulation, the same shall constitute a title defect. The
survey shall be performed to minimum technical standards of the Florida Administrative Code and may
include a description of the property under the Florida Coordinate System as defined in Chapter 117,
Florida Statutes.
9. CLOSING PI ACE AND DATE
Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated
closing agent in Pinellas County, Florida, within 60 days of the effective date, unless extended by other
provisions of this contract. If either party is unable to comply with any provision of this contract within
the time allowedl and be prepared to close as set forth above. after making all reasonable and diligent
efforts to comply, then upon giving written notlce to the other party, time of closing may be extended up
to 69 days without effect upon any other term. covenant or condition contained in this contract.
Page 2 of 6
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10. CLOSING DOCIJMENTS
Seller shall furnish closing statements for the respective parties, deed, bill of sale (if applicable),
mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective
instruments. If Seller is a corporation, Seller shall deliver a resolution of its Board of Directors
authorizing the sale and delivery of the deed' and certification by the corporate Secretary certifying the
resolution and setting forth facts showing the conveyance conforms with the requirements of local law.
11, CLOSING EXPENSgs
The Buyer, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall pay
documentary stamps on the deed. Seller shall pay the costs of recording any corrective instruments.
Recordation of the deed shall be paid by Buyer.
12, PRORATIONS; CRgDITS
Taxesl assessments, rent (if any) and other revenue of the Property shall be prorated through the day
before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to
closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the
Property from taxation as provided in Chapter 196.012(6), Florida Statutes. If the amount of taxes and
assessments for the current year cannot be ascertainedl rates for the previous year shall be used with
due allowance being made for improvements and exemptions. Any deposits held by Seller in trust for
third parties in occupancy of the Property shall be credited to Buyer at time of closing. Assessments for
any improvements that are substantially complete at time of closing shall be paid in full by Seller.
13, OCCUPANCY
Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed
herein. Sellerl at Seller option, may remain in occupancy rent-free up to one hundred twenty (120)
days following closing, in which event closing agent shall escrow Five Thousand and--No/100's---
Dollars ($5,000.00) until property has been vacated by Seller and Buyer confirms property has been
vacated, all utility services have been terminated and charges for such services paid in full, whereupon
Buyer shall authorize release of escrow to Seller. In consideration of remaining in occupancy Seller
agrees to hold Buyer harmless from any injury or damage to person or property, other than as may be
caused by willful negligence of Buyer, its employees, agents or contractors. Seller shall obtain and
maintain liability insurance with Buyer as named insured to indemnify Buyer in the event of any injury to
Seller or any other person invited upon the property by Seller. Seller further agrees to maintain
property in an orderly manner during post-closing occupancy, including but not limited to mechanical
components of the residence, together with continued and regular maintenance of lawn and
landscaping, normal wear and tear excepted.
14. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present lias is" condition, including and
recognizing the non-functioning swimming pool, ordInary wear and tear excepted, and shall maintain
the landscaping and grounds in a comparable condition. Seller makes no warranties other than is
disclosed herein in Paragraph 17 ("SELLER W ARRANTI ESlI) and marketability of tit/e.
Page 3 of 6
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15, EROCEEOS OF SALE; CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by
. Selle~s attorney or by such other mutually acceptable escrow agent for a period of not longer thAn 5
days from and after closing, during which time evidence of title shall be continued at Buye~s expense to
show title in Buyerl without any encumbrances or change which would render Seller's title unmarketable
from the date of the last title evidence. If Selle~s title is rendered unmarketable through no fault of the
Buyer; Buyer shall, within the 5.day period, notify the Seller In writing of the defect and Seller shall have
30 days from the date of receipt of sucll notification to cure the defect. If Seller fails to timely cure the
defectl all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and wthin
5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return
Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails
to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to
any intervening defect except as may be available to Buyer' by virtue of warranties contained in the
deed. The escrow and closing procedure required by this provision may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S. (1987), as amended.
16. DEFAULT
If this transaction is not closed due to a'ny default or failure on the part of the Seller, other than to make'
the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this
agreement upon giving written notice to Seller. If this transaction is not closed due to any default or
failure on the part of the Buyer. Seller may seek specific performance. If a Broker is owed a brokerage
fee regarding this transaction, the defaulting party shall be liable for such fee.
17, SELLER WARRANTIE~
, Seller warrants that there are no facts known to Seller that would materially effect the value of the
Property, or which would be detrimental to the Property, or which would effect Buye~s desire to
purchase the property except as follows: (Specify known defects. If none are known, write UNONE")
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Buyer shall have fifteen (15) days to investigate matters as disclosed herein by the Seller, and shall
, notify $eller in writing whether Buyer will close on this contract notwithstanding said mattersl or whether
Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer'
shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to
close on the contract. ' '
Page 4 of 6
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, 18, FlADD'" GAS NOTIFICATION
In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as amended, Buyer is
hereby informed as follows:
RADON GAS: Radon is a naturally occurring radioactive gas thatl when it
has accumulated in a building' in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of radon
that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit.
19, CONTRACT NOT RECORDABI E; PERSONS BOUNQ
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind
and inure to the benefit of the parties and their successors in interest. Whenever the context permits,
singular shall include plural and one gender shall inClude all.
20, NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the
United States Mail, properly stamped and addressed to the respective party to be notified, including the
parties to this contact, the parties attorneys. escrow agent, inspectors, contractors and all others who
, will in any way act at the behest of the parties to satisfy all terms and conditions of this contract.
21. ASSIGNABILITY; PERSONS BOUNQ
This contract is not assignable. The terms "Buyer'\ "Seller", and ItBroker" (if any) may be singular or
plural. This Contract is binding upon Buyer, Sellerl and, their heirs, personal representativesl
successors and assigns (if assignment is permitted).
22. A TIORNEY FEES; COSTS
In any litigation arising out of this contract. the prevailing party shall be entitled to recover reasonable
,attorney's fees and costs.
23, TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
24, EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of
any other provision. In the event that any provision of this contract Is held to be invalid, the' parties
agree that the remaining provisions shall be deemed to be in full force and effect as if they had been
executed by both parties subsequent to the expungement of the invalid provision.
Page 5 of 6
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, 25. GOVI;RNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and
enforced in accordance with the laws of the State of Florida.
26, COUNTERPARTS; FACSIMIL.E COpy
This contract may be executed in two or more counterpartsl each of which shall be deemed an original
and all of which together shall constitute one instrument. A facsimile copy of this contract, including any
addendum, attachments and any written modifications hereof, and any initials or signature thereon shall
be deemed an original. '
27, ENTIRE AGREEMENI
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the
parties, shall, 5upE;!rsede any and all prior and contemporaneous written and' oral promises,
representations or conditions in respect thereto. All prior negotiations I agreements, memoranda and
writings shall be merged herein. Any changes to be made in this agreement shall only be valid when
expressed in writing, acknowledged by the parties and incorporated herein or attached hereto.
, .
, I
,
. APPROVED AND ACCEPTED this
day of
,2002:
Countersigned: .
CITY OF CLEARWATER, FLORIDA
'.
:.1
.. Brian J. Aungst, Mayor-Commissioner
ApprDved,J3s to form:
(~_, C)~-==='.~ ...p. _ _,,_,'n,.n ,
\ 'John:'Cf:i'~a~~~-~, 'Assistant City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
_._...____.__________._________________~_M_W_M____.~M
, Ebarrellonpwa 1/c1tybuyslSlevenson Sump Conlt(Klng}0602.doc
Page 6 or6
Filial AgclIda Itcm #
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Clcnrwntcr City Commission
Agenda Cover Memorandum
Work session Item #:
OM/22102
Mecting Datc:
SUBJECT/RECOM M ENDA TION: Approve a work ordel' to Parsons Engineering Science, Inc., all Engineer
of Record, to provide engineering design and permitting services lor the Palmetto Street Scdimcnt Sump for the
sum of$7],044,
lEI and that the appropriate otlicials be authorized to execute same,
. A small sediment sump adjacent to the Clearwater Country Club Golf Course on the south side of
Palmetto Street presently collects Stevenson Creck drainage scdiment on its journcy to Clearwater,
Harbor. The small sump rapidly fills with sediment, requiring closing a portion of the golf course for
mechanical removal several times each year. On at least one occasion the sediment overflowed the low
weir and migrated downstream, further degrading brackish waters of Stevenson Creek.
. The City's Stevenson Creek Watershed Management Plan recommends the City undertake Project 2A -
Palmetto Street Sediment Sump in order to expand the sedimentation basin north of Palmetto, provide
improved equipment access and staging areas, and reduce maintenance frequency. The plan ranks this
proje~t as a lOon a 0 - 10 grading scale.
. T~e project will reduce sediment and pollutant loading to the Stevenson Creek Estuary resulting in water
quality and wildlife habitat improvements.
. . On August 2, 2001 (#24) the Commission approved a cooperative funding agreement with the Florida
Department of Environmental Protection (FDEP) to share the cost of implementing Stevenson Creek
Water Quality Improvement Projects. The agreement specified matched funding of $1, 500,000 from the
FDEP and $1,500,000 of City funding.
. For the FDEP one-half or $35,522,00 of this work order there is sutlicient budget in the Capital
Improvement Program project 315~96144, Stevenson Creek Implementation Projects.
. Resolution 0 1 ~21 was passed on November IS, 200 I; establishing the City's intent to reimburse certnin project
costs incurred with future tax-exempt financing, The projects identified with 200:! revenue bonds as a funding
source were included in the project list associated with Resolution 01-21.
. ,For the City's one-half there is suflicient budget for '02 Stormwnter Bond Revenue proceeds in 377-
96144, Stevenson Creek Implementation Projects for this work order.
. A copy of the work order is available in the City Clerk oflice for review.
Reviewed b .
Legal
Budget
Purchasing
Risk Mgmt NA
Info Srvc
~~ Originating Dept: 'J\."" Costs:
Publ[c Works (E. Shoberg) Total
User Dept.
$71,044.00
Current FY
Funding Source:
Cl
OP
Other
Other
Attachments
Submitted by:
City Manager 13i1l ~
lEI None
Appropriation Code:
315.96144-561200-539-000
- 6
$351522.00
1 Printed on recycled paper
[Palmetto Sediment Sump Agenda.doc)]
Rev. 2/98
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PUBLIC 'YORKS AI>MINISTRA TION
\\'ORK ORDER INITIATION FORM
.1
Date: July 18, 2002,
Project Number:
City Project Number: PS-072402
1. PROJECr TITLE: Palmetto Street Sediment Sump
2, . SCOPE OF SERVICES:
See Attachment A .
, '
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3., PROJECT GOALS:. ,
The Palmetto Street'Sediment Sump is one of the capital improvement projects recommended in
the Stevenson Creek Watershed Management Plan. The sump will provide a settling area within
Stevenson Creek for the collection of suspended particles, thus complementing the Stevenson
Creek Estuary Restoration Project by removing the sediment from the Greek prior to discharge.'
, into the estuary.
4. BUDGET:,
The budget for this project is Seventy One Thousand Forty Four Dollars ($71,044) (See
Attachment B). .
Expense Code:
5. SCHEDULE:
Construction plans are to be delivered within 180 days of issuance of Notice to Proceed (refer to
Attachment A).
6,
STAFF ASSIGNMENT:
John E. Loper, P.E. .
Kathy Kuhlman
Bryan Lardizabal
Engineer of Record - Project Manager
Environmental Scientist
Senior, Designer
1.
,
7. CORRESPONDENCE/REPORTING PROCEDURES:
All Parsons correspondence will be directed to John E. Loper, P.E.
All City of Clearwater correspondence will be directed to Mr. Elliot Shoberg, P.E.
I,
8. . INVOICE FUNDING PROCEDURES:
Invoices will be submitted monthly, and will be based on a percen~1ge of the total BASIC FEE
corresponding to, the percentage of the total SCOPE OF SERVICES completed. Invoices will be
transmitted to Marty Pages, 100 S. Myrtle Ave., #220, Clearwater, FLI 33756-5520. or P.O. Box
4748, Clearwater, FL, 33758~4748.
City invoicing code # 315-96129-561200-539-000 $35,522.00
375-96129-561200-539-000 $35,522.00
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SPECIAL CONSIDERATIONS:
(Not appli~ble)
PROJECT COMPLETION REPORT:. , ,
All deliverables and final documents shall. be submitted per the 'Scope of Services described in
Attachment A. .
"~~
Dikran K~laydjian
Manager, Water Resources
, Parsons
PREPARED BY:
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Michael D. Quillen, City Engineer
, City of Clearwater
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ATTACHMENT A
SCOPE OF SER VICES
For
CITY OF CLEAR WATER
Palmeito Street Sediment Sump'
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, This Scope of Services is attached to the August, 1998 Agreement for Professional Services.
between Parsons Engineering Science, lnc" hereinafter referred to as the ENGINEER, and the
City of CleaJVlater, hereinafter referred to as the CITY, and made part of the agreement
thereof.
I.
INTRODUCTION
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, , The Stevenson Creck Watershed Management Plan (WMP). was developed in accordance with
a cooperative agreement between the CITY and the Southwest Florida Wat~r. Management
District. (DISTRICT). ;The WMP includes recommendations and prioritizations for capital
improvement projects to 'address flooding. water quality. natural resources, and erosion
problems within the watershed. The planning phase of the WMP was completed in August of
2001. The WMP is now in the implementation phase.
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,Project 2A of the WMP is the Palmello Street Sediment Slimp. This project consists of an
" excavated sump within Stevenson Creek, north of Palmetto Street. The sump is to be
, approximately 350 feet long and 80 feet wide. It will include approximately 375 linear feet of
seawall. and a concrete control weir that will also serve as a barrier to sediment transport (See
Figure 1). The project will provide a collection point for the cost effective removal of sediment
from Stevenson Creek prior to its discharge into the estuary.
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The CITY has requested ENGINEER's assistance with the final design and pcnnitting of the
. Palmetto Streel Sediment Sump. The basic Scope of Services and Schedule for the design,
pennitting, ,and limited construction phase services are inCluded in this' document. The
accompanying project budget is presented in Attachmenl B.
"
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Palmetto Strc'e/ St'climt'JIt Slimp
Scope of Servic('.\"
II. SCOPE OF SEI~VICES
. The scope of services to be provided ~y the ENGINEER is described below:
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1.0 Proj~ct Management, Meetings, and Coordination
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1.2 Progress Rel)otis
The ENGINEER shall submit to the CITY, each month, a Progress Report reflectirig
the PROJECT status, in tenns orthe total work effort estimated to be required for the
completion of the Scope of Services, as of the last day of the preceding month. The
report shall show all work items, the perccntage complete of each item, the percentage .
of total work effort represented by each item, and the percentage of total work effort
completed. Based on a project schedule of 180 calendar days,' it is anticipated that a
total of six (6) progress reports will be required,
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1.4 Project Team Meetings
'The ENGINEER will attcnd bi-monthly progrcss meetings (3 - total) for the duration
of the project design and penniuing, which is anticipated to be 6 months. A 'project
team to 'include ENGINEER's staff, CITY's staff, and District Stafl' will attend the
project team mcetings.
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, At the progress meetings the ENGINEER ,will discuss the details of the design, present
the progress made during the work period and solicit and record input from all
, applicable depm1ments and stakeholders, 'As appropriate and agreed upon, the,
received input wilt be iilcorporated into the dcsign documents.
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The ENGINEER will attend one additional design coordination meeting, which may be
held in the field at the project site. Ifnecessary. the ENGINEER will also prepare for
and conduct one meeting with the appropriate public and/or private utilities during the
design developmcnt phase of the project.
The following meetings are anticipated for this project: .
a. Progress Meetings (3)
b. Design Coordination/field Meetings ( I)
c. Utility Coordination Meetings (l)
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The ENGINEER shall keep accurate minutes of nil meetings and distribute copies to all
participants. within seven (7) calendar days aftcr the mc'etings. The ENGINEER 'shall
coordinate with the CITY and prepare the necessary agenda for each meeting to be
held. Agenda shall bc submitted to the CITY at Icast tcn (10), days prior to any
scheduled mceting. All display material shall be developed and prepared by the
ENGINEER,
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Palmetto S/rec!/ SClt/im"1ll Sump
Scope of Service's '
2.0, Site eha ractcriza tion '
2.1 SubconsuHnl1t Cool'llinntion
The ENGINEER shall develop a detailed scope for the land survey and the
geotechnical services described under subtasks 2.2, and 2,3. The ENGINEER shall
also solicit proposals from qualified local finlls and recommend to the City the finn that
. will be conducting the proposed services.
For budgeting purposes, estimates of the subconsultant fees have be~n included in
Attachment B. Upon approval of subconsultant's scope of services and professional
fees by the CITY project manager, the ENGINEER will administer the subconsultants'
contracts, coordinate all sub-consulting efforts, and review the subconsultants' work
.' within the capacity of ENGINEER's expertise.
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2.2 Land Survey
The CITY will perfonn the land survey,for the project. The land survey will include
the major. elements required to complete the final design of the project. ,Specific
, requirements s!lall inClude, but are not limited to, the following:
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a. Horizontal references and temporary bcnchmarks at intcrvals along the project,'
b. Property comers physical1y locatedl
c. Existing right of way and easement I!nes,
d. Existing topography including ground elevations spaced on a 3D-foot grid
pattern within the project limits, and within 30 feet beyond the project limits.
The survey will include gradc break lines, or feature lines, as nec,essary to
define abrupt changes in ground slope. The break lines will include, but wiII
not be limited to, the continuolls horizontal and vertical delincations of top of
bank (TOB) and toe of slope (TOS) of Stevens~n Creek within the project
limits and within 30 feet upstream and downstream of the project limits.
e. Location and description of natural and manmade features within the project
limits, and within 30 feet bcyond the project limits. Located features should'
include all visible improvements including but not limited to: manholes, lift
stations, water meters, water valves, hydrants, air release valve manholes,
telephone pedestals, power poles and guys, overhead utilities, edges of
pavement, foundation ShIbs, driveway widths and materials, signs, underground
. utility markers, sidewalks, vaHey gutters,. curbs, catch basins and wings, curb
inlets, CUlVCI1s, and hell(~wal1s, fences, ornamental vegetation, and trees (4" dbh
and larger).
. f. Sanitary and storm sewer information shall include inverts, pipe sizes and
types. For s8nitnry and storm systems, data shall bc provided for the next
structure upstream and downstream outside the project limits.
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Palmetto Stre(!' S('dil1u'lIf Sump
Scope of ~ervic(l.\'
g. Location of verified wetland boundaries, as flagged by the ENGINEER. The
wetland limits shall he verified by City Staff and the SWrWMD as part of
Tasks 4.1 and 4.2, prior to surveying the wetland boundaries.
h. Wetland seasonal high and normal pool elevations. as. staked by the
ENGINEER,
Point data shall be provided in a reduced ASCIJ~free format comma or space delimited;
including point number, northing. casting, elevation, and description. Northing and
easting will be based, on state plane coordinates. Pipe inverts shall be collected by
standard ground survcy mcthods. All survcys shall be performed under the direction
and control ora Florida Registered Professional Land Surveyor.
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2.3 Geotechnical Services
ENGINEER will obtain the services of a subconsultant to perform preliminary
geotechnical investigations. This will consist of one soil boring and standard
penetrometer test (SPT) to a depth of 30 feet in the location of the proposed seawall.
and two hand auger borings at additional locations. Soil samples will be obtained at
two locations within Stevenson Creek to determine physical and chemical properties of
the material to be excavated. The laboratory tests to be performed on the samples
include the following:
· Visual Classifkation
· Natural Moisture Content
· Organic Content
· Sieve Analysis with Hydrometer
. RCRA 8 Metals, TCLP RCRA 8 Metals. and
. EPA Method 8310 (Polyaromatic Hydrocarbons)
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A signed and scaled narrative report summarizing the investigation procedures and
results of the analyses, together with an assessment of design constraints due to soil .
conditions will be prepared by the Geotechnical Sub consultant.
3,0
Fimll Construction Plnns and Specifications
The ENGINEER shall prepare the final design documents, to include i1nal construction
plans. quantity estimates, 'cost estimates. technical specii1cations, and pemlit
applications adequate to meet the review requirements of local, state and federal
environmental regulntOlY agcncics,
The following plan infornmtion shall be developed and included in the linal design
documents, nil constlUction plans and specifications shall be prepared per City
standards: .
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,Palmetto Street Sediment Sump
Scope of Services
a. COVCI' Shcet (I sheer)
b., Legend and Abbreviations (1 sheet)
c. General Construction Notes (I sheet)
d. Site Plan and Grading Plan (I Sheet)
e. Cross Sections (I sheet)
f. Erosion Control and Tree Protcction Dctails (I sheet) "
g, Utility Rclocation! Adjustment Dctails (if required) (1 sheet)
h. Paving, Grading and Drainage Details (2 sheets) ,
Total number of Sheets: :l: CJ sheets
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, 3.1 30 % Construction Plans Submittal
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a. Requirements for the 30 % submittal shall include the follO\ving:
. b. Cover Sheet
c. Legcnd and Abbreviations per City standards.
d., Subdivision, block. and lot number, parcellD number, and plat book and page, for
adjacent parcels,
e. Street names and addresses of buildings
f. Existing water mains, water appurtenances, sanitary sewcr manholcs, gravity lines,
. lift stations and fcirce mains,
g. Plan shects indicating existing improvements and topography as shown on the land
sUNey, existing right-of-way and easements, and proposed improvements.
h. Engineer's preliminary opinion of probable construction cost, based on the 30 %
submittal.
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ENGINEER will submit copies of the plans, at the 30% Design Submittal, to
applicable private utility companies and each City of Clearwater Utility Department for
verification of their underground h1cilities, EN<:;iJNEER shall add the size, location,
depth,' and type of material of the private and public underground h1cilities to the
'grading plan. If necessary. a utility design conference shall be conducted to cnsure that
consideration is given to the impact orthe project upon existing utilities. .
Dclivcl'nblcs:
a. Eight (8) sets of blue-line prints
b, Preliminary Design Report (8 copies)
c. Engineer's preliminary opinion of construction cost.
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3,2 60'Vo Construction 1)I"ns Suhmittal
In addition to the items in the 30% submittal, requirements for the 60% submittal shall
include the following:
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a. General Construction Notcs related to best management practices, utilities. and
other conditions relevant to the project.
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Scope of Services
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b. Typical pavement sections indicating typical cross sectional slopes, pavemcnt
requircments, right-of:'way lincs, and landscflped arens.
c. Grading Plan Sheet
d. Erosion control and tree protection details, including best management practices
applied to the project development.
e. Existing private utilities, as available. such as gas, electrical. telephonc, tiber optic,
and cable TV.
f. Cross Section Sheet
g. Utility relocation/adjustment details indicatiilg utility conflicts, relocation design,
proposed utility structures. and conflict manholes, design details, ,and specific
profiles, if required.
h. Stomlwater managemcnt detail shcets, including details regarding best
management practices, erosion control mcasureSI drainage structure designs, and
related notes. Standard and non-standard structures shall be identified and detailed.
ENGINEER's preliminary opinion of probable constl11ction cost based on the 60%
. design submittal.
ENGINEER will 'review CITY's standard technical specifications and modify or
supplement as necessary for the project.
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Delivcrablcs:
a. Five (5) sets of blue-line prin,ts
b. Preliminary technical specifications '
c. Preliminary opinion of construction cost
. d.Copy of DISTRICT ERP penllit application package. .
3.3 900/u Construction Plans Submittnl
The 90% construction plans shall include all design items required for the specifications
and construction of the project. It shall also address all comments received for the 60%
Plan Review phase. The 90% plans will also be accompanied by the special provisions
and the technical specifications required for the project.
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Dclivcrablcs:
a. Five (5) sets of blue-line prints
b. Two (2) c~pies of the preliminmy opinion of construction cost. item descriptions,
technical specifications. and contractor's proposal Conn.
c. One (I) draft copy of Technical Special Provisions. '
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3,4 Irinal (lOO'XI) Construction Documents ,
The 100% submittal shall address the CITY's tinal review comments.
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Work prepared and/or submitted shall be reviewed and checked by a' civil engineer
registered in the state of Florida as the ENGINEER of Record, The ENGINEER of
Record shall sign, senl and date the design calculations, technical specifications and
contract drawings as required by Florida law.
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Palme/lo Street Sedilllent Slimp
Scope of Services
Dclivcl'l1bles:
a. Final design drawings and technical provisions and specifications in reproducible
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b. Five (5) sets of signed and scaled bluclinc plans.
c. . Final plans on CD-ROM (AutoCAD vcrsion 2000 or later),
Plans will be produced on reproducible vellum and provided electronically on
AutoCAD version 2000 according to the following fonnat. utilizing CITY CADD '
graphical standards,
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The survey plan shall be produced on stable-based mylar. material. 24"x36tl or
reproducible vellum at a scale of 1"=20' unless approved otherwise. The
ENGINEER shall deliver a 3.5-incll magnetic media computer disk or CD-ROM
, containing all project data in Land Development Desktop (LDD) R 1 or R2. format
complete with all drawing files and associated project data files.
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, An ,AutoCAD Re~ease Fourteen (14) drawing. Acad2000 drawing file shall be
submitted. NOTE: Pinellas County CAD standards will be used' by the ENGINEER
and shall include all necessary infonnation to aid in manipulating the drawing including
either PCP. eTa or pen schedule for plotting. The drawing file shall include only
authorized fonts. shapes. line types or other attributes contained in the standard
,AutoDesk. Inc. release. All block references and references contained within the
, drawing file shall be included on the magnetic media disk, Also, a PCP, eTa file or a
pen schedule for plotting of drawings shall be included on the disk.
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3.5
Prepnrc Bid Documents'
Using Standard CITY requirements, the ENGINEER will prepare contract documents
for bidding, including proposal fonn. specific provisionsl technical specificationsl and
bid line item descriptions. The ENGINEER shall submit one copy of the Bid
Documents with the 90% constl1lction plans to the CITY for their review and
comments. Bid documents will not include the front-end legal doclIlllcnts for the
execution of the constl1lction work. The CITY will be in-charge of' assembling the
document providing the front-end legal forms and advertising the project.
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4.0 . Permitting Services
4.1 Permit Application Meetings .
, The ENGINEER will schedule and attend a pre-application meeting with DISTRICT
to thmiliarize them with the project and to identify any pemliuing issucs of potential
concern. The ENGINEER shall notify the CITY prior to meeting with pennitting
agencies to allow the CITY to send a representative to attend the meeting.
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PalmellO Sfrem Seclill1l'fIf Slimp
Scope of Se,,,ices
4,2 ERP Application
Upon completion of the 60% design phase, the ENGINEER shall prepare and submit a
completed application for a Joint ,Environmental Resource Permit (ERP)I
Authorization to Use State Owned Sovereign Sllbmerge~ Lands I Federal Dredge and
Fill Pennit. Ifncccssary, the ENGINEER shall respond to requests by the DISTRICT,
FDEP and/or the USACE for additional infonnation. A separate coordination meeting.
shall be scheduled with the jurisdictional agcncics to discuss any commcnts, if required.
It is anticipated that SWFWMD will not require payment of ERP review fees for this
cooperatively fi1l1ded project.
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4,3 PCDEM \Vater nnd Navigation Contl'ol Authority
The ENGINEER'shatt prepare and submit a Dredge and Fill Permit Application to the
Pinellas County Department of Environmcntal Management (PCDEM) Water and
Navigation Gontrol Authority. Ifnccessary. the ENGINEER shall respond to rcquests
by the PCDEM for additional information, The ENGINEER 'shall attend a separate,
coordination meeting to discuss any comments, if required. The ENGINEER will pay
the $200 public hearing fee associated with this application.
6.0 Construction Phase Services
6,1 Prepare Addenda
The ENGINEER shall receive the bidder's written questions regarding interpretation
and clarification of Contract Doculnentsl and respond in compliance with CITY policy
and procedures through written addenda addressed to all bidders.
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6,2 ' Prc--constl'uction Meeting
The ENGINEER will conduct a pre-constl1Jction conference with contractor, CITY
representatives. and other appropriate parties. The ENGINEER will' prepare the
agenda 5 days before the meeting, and provide all participants with the meeting minutes
7 days after the meeting.
6,3 General Consulting (Contractor's RI"Ps)
The ENGINEER shall issue necessary interpretations and clarifications in the fonn ofa
Request for Infommtion or RFI. of the Contruct Documents in accordance with the
Contract Documents. [frcquired. the ENGINEER shall fumish additional instructions.
by means of ORA WINGS or in writing, as required for the proper execution of the
WORK.
6.4 Shop Drawing Review
The ENGINEER shall review nil suhmittnls within the times specified in the Contract
Documcnts for compliance with 'the applicable requirements or the Contract
Documents. ENGINEER's review and npproval or other action shall not exteild to
means, Il1cthodsl techniques, sequences, or procedures of construction. or to safety
precautions and programs in~idcnt thereto. The ENGINEER shall review and approve
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Palmetto Street Set/imc'11l Slimp
Scope of Service.\'
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or take other appropriate action with rCsl;cct to Shop Drawings and samplcs~ the
results of tests and inspections an,d other data that the Contrnctor is required to submit.
The ENGINEER shall determine and advise the CITY on the acceptability or substitute
, materials and equipment proposed by Contractor; receive and review for compliance
with the requirements of the Contract Documents, the maintenance and operating
instructions or manuals; schedules. guarantees, bonds and certificates of inspection that,
are assembled by Contractor(s) in accordance with the Contract Documents. The
ENGINEER's approval of Contractor submittals is a representation to the CITY of the
ENGINEER's belief that. said submittals conform to applicable requirements of the
Contract Documents, unless specific written exception is taken by the ENGINEER.
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The ENGINEER shall not: '
a. . Authorize any 'deviation from the Contract Documents or substitution of
materials or equipment, unless authorized by the CITY.
b. Undertake' any of the. responsibilities of the Contractor, subcontractors, or
Contractor's superintendent. ,
c. Advise on, issue directions relative to or assume control over' any aspect of the
'means. methods, techniques, s~.quences or procedures of construction:
ENGINEER shall report observations of means and methods of construction to
the CITY as appropriate, , ,
'd. . Advise on', issue direction regarding 01' ass.ume control over'safety precautions
and programs in connection with the work. ENGINEER shall. however,
immediately, report to the Contractor and the CITY any safety concerns or
violations which he observes.
e. Accept shop drawing or sample submittals from anyone other than the
Contractor.
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6,5
Site Visits
The ENGINEERts representative will visit the site when requested by the ~ITY to
determine if work is ,proceeding in accordance with the Contract Docllmcnts. This
scope includes four (4) site visits not exceeding (-1) four hours per visit.
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6,6
Final CCl1ilic;ltion
Upon notification ITom the CITY. the ENGINEER shall conduct a final ins'pcction with
the CITY representative in order to detennine that the project is completed in
accordance with the Contract Documenls. and' to evaluate any isslIcs related to the
punch list. ENGINEER will submit the record drawings to the pClll1itting agencies. A
certified As-Built shall be submitted to .the ENGINEER by the CITY. The
ENGINEER shall also verifY if all items on final list have been completed or corrected
and detennine if those items arc in accordance with the Contract Docllmcnts, and make
reconlmcndatiolls to the CITY concerning acceptance,
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Po/meno SIreN Sedime11l Slimp
Scope of Sav;cc",\'
III. SCHEDULE
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SelVices described herein will cOlllmcnce upon rcceipt by the ENGINEER of this cxecuted
Agreement and written notice-to-proceed, The services will be completed nnd delivered
according to the following schedule unless it is modified by mutual agreemcnt:
Site Characterization 30 calendar days
30% construction plans 45 calendar days
60% construction plans and penllit applications 95 calendar days
90% construction plans 145 cnlendar days
Final construction documents 180 calendar days
Bidding Phase 60 days from Final Plans
Construction Phase ' 240 days from Final Plans
, . Projected Project Completion Date
October 2003
ENGINEER will observe the time limita:tions as set forth herein; however, should there be
. delays in receiving infonnation from others and in obtaining subsequcnt allthorizatio~
approvals and review comments from CITY and other governmcntal agencies, thc schedule
will be updated and adjusted as mutually agreed upon by ENGINEER and CITY, The'
ENGINEER shall not be responsible for delays that occur through no fault of ENGINEER.'
The schedule is based on the CITY providing a preliminary design survcy with the notice-to-
proceed, and complete written review cOlllments to the ENGINEER wilhin 20 calendar days'
of each submittal.
IV. CITY RESPONSIBILITIES
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The CITY will:
a. Provide' copies of all plats, aerial photographs, record drawings, and other available
infonnation and data pertinent to thc project design within the CITY's files.
b. Provide a complete site sUlvey'in accordance with the scope prepared by the ENGINEER.
The CITY will provide reduced survey base maps in electronic fi1nnat. All sUlveys shall be
prepared under the supervision ora prolessional surveyor licensed in the Stale off-Iarida,
,Provide copies of allY CITY standard drawing~ applicable to the project. ,
Provide sample copies of CITY's standard contract documents and specifications.
Acquire right-of-way and easements, including constnlction eascments, as required.
Assemble the final Project Specifications Manual with its legal frqnt-cnd documents,
produce and sell contract documcnts to interested bidders. The City will also
reproduce and distribute addendum to bidders.
Obtain pennission from property owners or the Ullthorized representatives Ihl' survey, soil
tests and other engincering tasks to be conducted on private property,
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Palmetto Sfl'ec'( Sl'c1illll'lI/ SIIIIII'
Scope of Servic('s
h. Upon completion of the project. provide record drawings of the project signed and scaled
, by a professional surveyor licensed in the State of Florida.
.V. BUDGET (ENGINEER'S COI\'lPENSATION)
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The 'ENGINEER shall submit, with each monthly progress report. an invoice for the work
completed. The invoiced fee earned will be cxpr~ssed as a'perccntage of the total BASIC
FEE, and shall correspond to the perce~tagc of the total SCOPE OF SERVICES work effort
completed as reflected by the progress repOlt. Fees for outside professional services shall be
, invoiced to the CITY at ENGINEER's actual cost. The CITY shall make monthly payments
, in tenns' of the invoice presented. Invoices not properly prepared (mathematical errors, billing
not reflecting actual work done, no signature, etc,) shall be returned to the ENGINEER for
correction. The BASIC. FEE for this .project. including outside professional services, other
direct costs, and task allowances, shall not exceed seventy one thousand fOlty four dollars
($71,044). The Task and Subtask breakdown of the BASIC FEE is presented in Attachment
B, Project Budget.'
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Task Allowances
In the event that additional professional services not anticipated or included in the above tasks
~ecome necessary for the satisfactOlY completion of the project, ENGINEER may provide the
CITY with a.scope of work and fee estimate for these additional services. ENGINEER will '
provide the additional services for the additional fee mutually agreed upon by ENGINEER and
CITY, and upon written authorization from the CITY. Ifupon prior written approval by the
CITY, ENGINEER's actual cost incurred for outside profession,al services should exceed the
budged, anlOunts listed in Attachment B. ENGINEER shall be entitled to additional fees equal
to the difference between the actual incurred cost and the budgeted amount. The total fee for
all authorizations under this task is included in the total BASIC FEE and shall not exceed ten
percent (10%) of the Project Budget.
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ATTACHlVlENT B
. PROJECT BUDGET
For
CITY OF CLEAR WATER
Palmetto Street Sediment Slimp Proiect
I,
Outside
Professionnl
Task Description Services Lahor Tot;,1
1.0 Project Management, Meetings,
and Coordination
1.1 Pro~ress Reports $977
1.2 Proiect Team Meetings and Coordination $4,268 $5,245
2,0 Site Characterization
2.1 ' Subconsultant and Land Survey Coordination $1,495
2.2 Surveying Services (provided bv CITY) $0
2.3 Geotechnical ,Services $3,500 $4,995
, Final Construction Plans and
3,0 Specifications
3.1 30% Submittal $8,282
3.2 60% Submittal $8,356
3.3 90% Submittal $8,235
3.4 Final (100%) Constmction Documents $3, t 02
3.5 Prepare Bid Documents $3,463 $31,447
4,0 Permittine ~ervices
4.1 Permit Application Meetings $764
4.2 ERP Application $7,142
PCDEM Watcr& Navigation Control
4.3 Authority $2,427 $10,333
5,0 Construction Phnse Servic('s
5.1 Prepare Addenda $2,155
, 5.2 Pre~Constntction Meeting $873
5.3 General Consulting (Contractors RFI)s) $2,492
5.4 Shop Drawing Review $1,240
5.5 Site Visits $2,291
5.6 Final Certification $1,439 $10,490
Subtotal, Labor and Subcontractors $62,5 t t
Other Direct Costs (prints, copies, postage, permit fees, ctc) $2)075
Task Allowances (10%) $6,459
Grand Total $71,044
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Clearwater City Commission
Agenda Cover Memorandum
Work session Item #: ~
Final Agenda Item # 2~
Meellng Date: 08/22/02
SUBJECT/RECOMMENDATION: Approve n work order for engineering design orthe North Greenwood
'Traffic Calming Design and Construction Administrntion Scn>ices (02-0055-EN) to Wade Trim ofTnmpa,
Florida in the amount of $184,721.96,
lEI and that the appropriate officials be authorized to execute same.
S,UMMARY:
· This contract is for engineering design and construction administration services for traffic Calming in the North
Greenwood neighborhood.
· This traffic calming project is in response to long-standing resident requests for a solution to speeding vehicles
in this residential neighborhood.
· The North Greenwood neighborhood is ranked # 1 for traffic calming by number of crashes.
· The Traffic Calming Plan was developed by neighborhood residents at a City-sponsored charrette workshop,
then field-verified by engineers.. '
· The Traffic Calming Plan was approved by petition signatures of 65% of the property owners of North
Greenwood neighborhood.
. The engineering design will be based on the neighborhood Traffic Calming Plan developed and approved by
consensus of the residents.
· ,Capital Improvement Progranl' project 315-92259 Traffic Calming Program has sufficient budget and revenue
to fund this work order.
. Work will commence upon award and execution of the Work Order; the design work wiII be completed in 300
days; and the construction administration services administration will be completed at the end of construction
in approximately 300 additional days.
. A copy of the contract documents is available in the City Clerk's ofticc for review.
Reviewed by:
Legal ~
Budget ~
Purchasing #l-
Risk Mgmt NJA
Originating Dept: (
Public Works .".,C
Administration K.Sldes
Public Work~ User Dept.
DCM/ACM ( .;cL -
Other, Attachments
N/A
Costs:
Total ,
$184,721.96
Info Srvc
Current FY
Funding Source:
CI X
OP
Other
Submitted by: ~'I j
City Manager CCAI
Prlntod on recycled paper
IEJ None
Appropriation Code:
315.92259.561200.541.000
N Greenwood Traffic Calming Design WO. Agenda Item,doc
Rev. 2198
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Building rolationSl1iP~ i1 (OI~~On of excellence
June 20, 2002
Mr. Michael D. Quillen, PE
City Engineer
City of ,Clearwater
100 South Myrtle Avenue
Clearwater, FL :33756
Re: North Greenwood Neighborhood Traffic Calming Design and Construction AdmInistration
Services
Work Order Initiation Form
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" Dear Mr. Quillen:
Enclosed for your review are two (2) executed Work Order Initiation Forms for the design of tI~e North
Greenwood Neighborhood Traffic Calming Plan located In the City of Clearwater. The Work Order
Initiation Fo'rm has been prepared based on conceptual designs developed during the year 2000 Traffic
Calming Charrettes that the City sponsored. At these Charrettes, our Project Manager, Mr. Gregory Trim',
PE, participated in the resldentsl development of the conceptual design for this neighborhood. .
As you also are aware, Wade-Trim Is currently involved with the North Greenwood Corridor Enhancement
, Design and Construction Project, Northwest Recreation and Aquatic Center Project, and the North
Greenwood Neighborhood Topographical Survey Collectic:l Project, which we feel offers an opportunity
to capitalize on the local relationships and experiences developt'd during this enhancement project.
Significant experience gained from these projects allows Wade-Trim to perform this project especially
expeditiously and cost-effectively. A Scope of Work, Schedule, and Fee Estimate is provided in the
enclosure. .
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Thank you for the opportunity to assist the City on this assIgnment. Should you have any questions
concerning the enclosed materials, please do not hesitate to contact the undersIgned or Mr. Greg TrIm at
813.882.8366.
Sinceroly,
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\\TAMPA\proJects\AM 1 OQO\Glrlm\FInaI\GrecnwoodTCrovlsedOG0702. doc
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Enclosures
Engineering · Landscapa.ArchllDCIUra · Planning · Sciences · SUlveyrng
FL LC Rag, No. CQ00121
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,Ken Sides. PEl CIty of Clearwater
Greg Trim, PE, Wade-Trim
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4919 Memorlnl'Hlghway · Sullo 200 · Tampa, FL 33634 · 813.8B2,8360 · B88,499.9624 · FAX: 813.884.5990 · www.wadelrlm.com
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, CITY OF CLEARWATER
,PUBLIC WORKS DEPARTMENT
WORK ORDER INITIATION FORM
Date: June 20, 2002
Project No: CLW2050.02M
City Project No:
1 ~ PROJECT 'rlTlE
North Greenwood Neighborhood Traffic Calming Design and Construction
Administration Services. ' '
2, SCOPE OF WORK
, Please refer to Attachment 'W' Scope of Work.
3, PROJECT GOALS
The North Greenwood Neighborhood Traffic Calming project is designed to enhance,
: safe traffic movement and traffic calming. whlle Improving the overall aesthetic
environment of the North Greenwood Neighborhood consistent with the goals of the City
and neighborhood residents.
4, '. BUDGET
Method B - Lump Sum basis fee of $184,721.96 has been established for the
preparation of construction plans, permits, and construction administration services.
5, SCHEDULE
Please refer to Attachment 118", Schedule.
WADEwTRIM STAFF ASSIGNMENTS
David B. Gildersleeve, Executive Vice President, Principal-in-Charge
, Gregory S. Trim, PEl Project Manager
CORRESPONDENCE/REPORTING PROCEDURES
Correspondence, phased plan submittals, progress reports and invoices shall be
submitted to Mr. Ken Sides"PE, PTOE, Public Works Department, with copies to Mr.
Michael D. Quillen, PEl City Engineer of the Engineering Department. Invoices shall be
submitted to Ms. Marty Pages. '
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, ,8, INVOICING/FUNDING PROCEDURES
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The budget for this assIgnment is a lump sum fee of $1841721.96. Invoicing Method B)
Lump Sum shall be used., '
City Invoicing Code:
9,
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ENGINEERING CERTIFICATION
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Wade-Trim hereby certlfJes 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. Wade-Trfm understands that it Is our
responsibility as the project's Professional Engineer to perform quality assurance review
, and these submitted plans are to the best of our knowledge free from errors and/or ' : "
, omissions. Further) we accept that the City's Final Inspection for a Certificate of
Occupancy does not relieve us of our own quality assurance review.
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This certification shall apply equally to any further revision andlor suhmittal of plans,
computations, or other project documents, which we may subsequ(3ntly tender.
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PREPARED BY
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ENGINEER:
D. Quillen, PE
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ATTACHMENT "A",
SCOPE OF WORK
NORTH GREENWOOD NEIGHBORHOOD
, ' TRAFFIC CALMING DESIGN AND
CONSTRUCTION ADMINISTRATION SERVICES
Prepared for: '
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, Clearwat~r, FL 33756,'
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, Prepared by: .
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Suite 200 '
Tampa, FL 33634
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June 20, 2002
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. ~ope of Work
,1.0 General ProJect Description:
A. In accordance with the conceptual traffic calming plan developed by the
neighborhood residents at the year 2000 Charrettes, sponsored by the City,
WadewTrim will prepare construction plans. specificationst and cost
estimates, obtain construction permits, and perform bidding and negotiation
services for the construction of traffic calming improvements located within
the North Greenwood Neighborhood. Construction plans for modern
roundabouts. speed tablest raised median narrowingst and raised'
intersectiqns will be based 011 30% conceptual design of these traffic calming
features prepared by Alternate Street Designs, who will also serve as a
subconsultant to WadewTrim on this assignment.
B. The traffic calming design plan set .(to be submitted at 30%t 60%, 90%. and
100% intervals) will be prepared at a scale of 1" = 20t and will include at a
minimum the following general plan sheets:
1. Cover Sheet
2. General Construction and MOT Notes & Legend
3. Survey Control Plans (3 Sheets)
4. Standard Paving Details (2 Sheets)
5. Standard Drainage Details (1 Sheet)
6. ' Landscape Details (2 Sheets)
7. Irrigation Details (1 Sheet)
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Additional plan sheets that will be developed are outlined In the following slte-
specific traffic calming locatlon descriptions:
C. During the design process 60% construction plans will be routed to the
following Agenc1es, Utility Companiest and City of Clearwater Depa'rtments
for review and existing utility locations:
1. Southwest Florida Water Management District (SWFWMD)
2. Verizon Media Ventures
3. Verizon Telephone Operations
4. Florida Power Corporation
. 5. Time Warner Cable
6. Clearwater Publfc Services
7. Clearwater Environmental & Stormwater Management
8. Clearwater Road and Drainage
9. Clearwater Parks & Recreation
10. Clearwater Planning & Development
11. Clearwater Gas
12. Clearwater Public Utilities Water & Wastewater
13. Clearwater Fire Department
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Wade- Trim will prepare a document that will track the revIew process from
submittal to responses and approvals that are applicable to the project.
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Falrmont Street Medians
Traffic calming raised medians will be designed along Fairmont Street between
Fulton Avenue and Harbor Drive approxImately 1 ,100 feet in length. These
medians will consist of straight curb with smaller type trees and ground cover
plantings. The width of the medians wIll vary between 4.5' to 3.5' from face of
curbs, while maintaining a minimum 11-foot wide travel lane to accommodate
Pinellas Suncoast Transit Authority (PST A) vehicles. The existing roadway curb
and gutter will remain in place to preserve the existing drainage profile. The
design plans will Identify in plan view the locations of each median along the
roadway. Vehicle turning movements will be analyzed at each intersection for
Clearwater large fire trucks and WB-50 moving trucks. No drainage analysis will
be conducted since the existing roadway impervious area will be reduced. No
demolition plans will need to be prepared; a maximum of two (2) typical roadway
median sections will illustrate the removal limits of the existing pavement and
roadway base & subbase. Proposed median construction pay items will be
inCluded on the typical sections. No utility adjustment plans are anticipated. The
following specific plan sheets are anticipated for this traffic calming area:
1. Typical Roadway Sections (1 Sheet)
2. Roadway Improvements and Geometric Plan (1 Sheet - Double
Pass) ,
3. Median Landscape Plans (1 Sheet - Double Pass)
4. Median Irrigation Plans (1 Sheet - Double Pass)
5. Signing & Pavement Markings (1 Sheet - Double Pass)
Fairmont' Street & Harbor Drive Intersection '
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Traffic calming mountable intersection medians or traffic separators and outer
return radius reconfigurations will be designed at Fairmont Street and Harbor
Drive Intersection with approximately 200-foot approach medians extending
along Fairmont Street East and Harbor Drive North & South. These intersection
approach medians along Fairmont Street will consist of straight curb with limited
landscape plantings. The width of the medians will vary between 4.5' to 3.5' from
face of curbsj while maintaining a minimum 11-foot wide travel lane to
accommodate PSTA transit vehicles.
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.The medians along Harbor Drive will consist of mountable curbs with interior
concrete pavers or mountable traffic separators. The outer right turn radii along
Harbor Drive onto Fairmont Street will most likely require reconfiguration to
accommodate the mountable median geometries. Existing curb and gutter along
these turning radii will be Impactedl including any drainage inlets that may be
located in the gutter line. The remaining intersection curb and gutter will not be
modified in order to preserve the existing drainage patterns. The design plans
will Identify In plan view the locations of each median along the roadway. Vehicle
turning movements will be analyzed at the intersection for Clearwater large fire
trucks and WB-50 moving trucks. No drainage analysis of the existing storm
sewer system will be conducted since the Intersection impervious area will only
be Increased slightly with negligible changes to the existing drainage area Inlet
boundaries.
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One demolition plan will need to be prepared for the intersection; a maximum of
, two (2) typical roadway median sections will illustrate the median construction
pay items. One grading, drainage, and geometric plan will need to be prepared
for the intersection. No utility adjustment plans are anticipated. The following
speciflc plan sheets are anticipated for this traffic calming area:
1. Typical Roadway Sections (1 Sheet)
2. Intersection Demolition Plan (1 Sheet)
3. Intersection Grading, Drainage Plan & Profile, and Geome,tric Plan
(2 Sheets)
4. Median Landscape Plan, Fairmont Street East (1 Sheet)
5. Median Irrigation Plans, Fairmont Street East (1 Sheet)
6. Intersection Signing & Pavement Markings(1 Sheet)
. Fairmont Street & Fulton Avenue Modern Roundabout
A traffic calming modern roundabout intersection with approach medians will be
designed at Fairmont Street and Fulton Avenue Intersection with approximately
1 OO-foot approach medians extending along Fairmont Street West and Fulton
Avenue North. and 200-foot approach median extending along Fulton Avenue
South. The 1 OO-foot approach medians will be mountable curb with interior
concrete pavers or mountable concrete traffic separators. The 200-foot
approach will consist of straight curb with limited landscape plantings that will be
consistent with the improvements proposed south at Marshall Street and Fulton
Avenue intersection. The roundabout central Island landscape plantings will be
less limited but maintainable by the Parks & Recreation Department.
The existing intersection configuration will be impacted greatly with the proposed
roundabout design, which will result into replacing the entire intersection
pavement and drainage gutter. Vehicle turning movements will be analyzed at
the Intersection for ClealWater large fire trucks and WB-50 moving trucks. No
drainage analysis of the existing system will be conducted since the Intersection
impervious area will only be increased or decreased slightly with negligible
changes to the existing drainage area Inlet bqundaries. One demolition plan wi II
need to be prepared for the intersection; a maximum of three (3) typical roadway
sections will illustrate the roundabout and splitter median island construction pay
items. One grading and drainage plan, and one geometric plan will need to be
prepared for the intersection. One utility adjustment plan & profile is anticipated
due to potential storm drainage improvements required for the roundabout
configuration. The following specific plan sheets are anticipated for this traffic
calming area:
1. Typical Roadway Sections (1 Sheet)
2. ' Intersection Demolition Plan (1 Sheet)
3. Intersection Grading and Drainage Plan & Profile (1 Sheet)
4. Intersection Geometric Plan (1 Sheet)
5. Utility Adjustment Plan & Profile (1 Sheet)
6. Intersection Landscape Plan (1 Sheet)
7. Intersection Irrigation Plan (1 Sheet)
8. Intersection SIgning & Pavement Markings (1 Sheet)
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In addition to designing traffic calming treatments at this intersection, the
neighborhood has requested a video taping of this intersection be conducted
earlier during the survey design phase. The hours of taping would be between
7:30 am - 9:30 am. The video tape will be supplied to the City for reproduction
and distribution.
Marshall Street & Fulton Avenue Intersection and Fulton Avenue Median
Traffic calming Intersection with approach medians and directional island will be
designed at Marshall Street and Fulton Avenue Intersection. The approach
medians along Fulton Avenue will consist of straight curb with limited landscape
plantlngs that will be consistent with the improvements proposed north at
Fairmont Street and Fulton Avenue intersection. The directional Island along
Marshall Street w!ll need to be evaluated during the design phase to determine
whether landscape plantings could be utilized in this area. The directional island
at Marshall Street will be configured to create a "TII intersection; the current
configuration is a UY" intersection.
The existing intersection configuration could be impacted significantly along
Marshall Street with a lesser degree along Fulton Avenue. Vehicle turning
movements will be analyzed at the intersection for Clealwater large fire trucks
and WBM50 moving trucks. No drainage analysis of the existing system will be
conducted since the intersection impervious area will only be Increased or
decreased slightly with negligible changes to the existing drainage area inlet
boundaries. One demolition plan will need to be prepared for the intersection; a
maximum of two (2) typical roadway sections will illustrate the directional island
and median island construction pay Items. One grading and drainage plan, and
one geometric plan will need to be prepared for the intersection. No utility
adjustment plan Is anticipated due to minimum storm drainage improvements
required for the 'T' intersection configuration. The following specific plan sheets
are anticipated for this traffic calming area:
1. Typical Roadway Sections (1 Sheet)
2. Intersection Demolition Plan (1 Sheet)
3. Intersection Grading and Drainage Plan & Profile (1 Sheet)
4. Intersection Geometric Plan (1 Sheet)
5. Intersection Landscape Plan (1 Sheet) I
6. Intersection Irrigation Plan (1 Sheet) ,
7. Intersection Signing & Pavement Markings (1 Sheet)
Tanqerine/EnQman/La Salle Streets Speed Tables
Traffic calming flat top speed tables will be designed along Tangerinel Engman,
and La Salle Streets approximately mid-block betwee'n Greenwood Avenue and
Martin Luther King Avenue. One (1) planimetric sheet will illustrate the location
and geometric configuration for all threeMspeed tables. Two (2) details will be
prepared to illustrate the profile and cross sectional area of the speed table. No
demolition plan will be required; pavement removal limits will be shown on the
two (2) details provided. The existing drainage patterns will not be impacted
since all the Improvements will be Inside the existing gutter limits. A 2-foot
median may be possible at the speed table depending on the existing roadway
width. The speed table median would not be landscaped at this time; a
mountable median would be proposed,
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No drainage' analysis would be conducted since the roadway Impervious area
would not be increased. The following specific plan sheets are anticipated for this
traffic calming area:
1 + Roadway Improvements Plan (1 Sheet)
'2. Speed Table Details (Paving Detail Sheet)
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Enqman Street an'd Bettv Lane Intersection (SiQht Distance Improvement)
Traffic calming raised medians at Engman Street West (60-foot length) and Betty
Lane intersection and south of Engman Street along Betty Lane (200-foot
length). The 60 and 200-foot medians will consist of straight curb with limited
landscape plantings. Intersection sight distance improvements at Engman and
Betty Lane would consist of raising Engman Street approach and possibly
. . removing a ::oection of the bridge barrier wall along the west side of Betty Lane
crossing the Stevenson Creek. Removing a section of the barrier wall and
construction a 6-inch straight face curb will require further investigation. Minor
drainage improvements would be required when raising the Engman Street
approach to Betty Lane. One (1) roadway improvement plan and profile sheet
would be required for the median layout and potential sight distance work. '
Landscaping for the Betty Lane 200-foot median will be prepared. The 60-foot
median at Engman Street would be mountable curb with concrete pavers or
traffic separator. No drainage analysis would be conducted since the roadway
impervious area would most likely decrease. The Following specific plan sheets
are anticipated for this traffic calming area:
1. Typical Roadway Median Sections (1 Sheet)
2. Demolition Plan (1 Sheet)
3. Roadway Plan & Profile (1 Sheet)
4. Drainage and Geometric Plan (1 Sheet)
5. Miscellaneous Bridge Structural Details (1 Sheet)
6. Median Landscape Plan (1 Sheet)
7. Median Irrigation Plan (1 Sheet)
West Avenue Bulbouts
Traffic calming bulbouts two (2) will be designed along West Avenue
approximately mid-block between Palmetto Street and Palm Bluff Street. The
bulbouts will be located along the west side of the street. One roadway
improvement plan will be prepared to illustrate location, geometries, and gradIng.
No drainage plans or system analysis Is anticipated since the roadway ,
impervious area will decrease and the bulbouts will not impact the existing
roadway gutter drainage. No landscaping is anticipated in the bulbout areas.
The Following specific plan sheets are anticipated for this traffic calming area:
1. Roadway Improvement Plan with Typical Bulbout Section
(1 Sheet)
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Palmetto Street Medians
Traffic calming raised medians will be designed along Palmetto Street between
Greenwood Avenue and Belly Lane approximately 2,700 feet in length.
These medians will consist of straight curb with smaller type trees and ground
cover plantings. The width of the medians will vary between 4.5' to 3.5' from face
of curbsl while maintaining a minimum 11-foot wide travel lane to accommodate
PST A transit vehicles. The existing roadway curb and gutter will remain in place
to preserve the existing drainage profile. The design plans will identify in plan
view the locations of each median along the roadway. Vehicle turning
movements will be analyzed at each intersection for Clearwater large fire trucks
and WB.50 moving trucks. No drainage analysis will be conducted since the
existing roadway impervious area will be reduced. No demolition plans will need
to be prepared; a maximum of two (2) typical roadway median sections will
Illustrate the removal limits of the existing pavement and, roadway base.
Proposed median construction pay Items will be Included on the typical sections.
No utility adjustment plans are anticipated. The following specific plan sheets are
'anticipated for this trafflc calming area: '
1. Typical Roadway Sections (1 Sheet)
2. Roadway Improvements and Geometric Plan
(3 Sheets - Double pass)
3. Median Landscape Plans (3 Sheets - Double Pass)
4. Median Irrigation Plans (3 Sheets - Double Pass)
5. Signing & Pavement Markings (3 sheets - Double Pass)
Pinellas Trail CrossinCl at Blanche B. Little John and Mvrtle Avenue Intersection
Pedestrian safety devices will be laid out for the Pinellas trail crossing at Myrtle
Avenue which will consist of trail crossing markings and possibly advance yellow
beacon signals along Myrtle Avenue. No specific traffic analysis will be
conducted to determine any warrants for Installing advance beacon signals.
Industry standards (MUTCD & AASHTO Bicycle Facilities Development Guide)
will be referenced in order to design proper pavement markings and advance
warning signs. Only pavement markings, advance signing and yellow beacon
Ught pole locations will be identified on one (1) plan sheet. The City will be
responsible for installing flashing beacon light devices if warranted. No geometric
changes to the trail crossing are anticipated. The following specific plan sheets
are anticipated for this traffic calming/pedestrian safety area:
1. Signing and Pavement Marking Intersection' Plan (1 Sheet)
Seminole Street and Mvrtle Avenue Intersection
Pedestrian safety devices will be laid out for the Intersection that will consist of
crosswalk markings and pedestrian signals with push buttons. No traffic signal
timing analysIs will be conducted at this Intersection with respect to the
'pedestrian signal Installation and any other studies required to warrant these
signals will need to be conducted by The City. Only pavement markings and
pedestrian pole locations will be identified on one (1) plan sheet. '
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The City will be responsible to install the pedestrian signal devices if warranted.
No geometric changes to the intersection are anticipated. The following specific
plan sheets are anticipated for this traffic calming/pedestrian safety area:
1. Signing and Pavement Marking Intersection Plan (1 Sheet)
Palmetto Street and Mvrtle Avenue' Intersection
Pedestrian safety devices will be laid out for the intersection that will consist of
, crosswalk markings. pedestrian signals with push buttons, and sidewalk ramps,
No traffic signal timing analysis will be conducted at this intersection with respect
to the pedestrian signal installation and any other studies required to warrant
these signals will need to be conducted by the City.
Only pavement markings, pedestrian pole locations, and proposed sidewalk '
ramps will be Identified on one (1) plan sheet. The City will be responsible to
install the pedestrian signal devices, if warranted. No geometric changes to the
intersection are anticipated. ThG following specific plan sheets are antipipated for
. this traffic calming/pedestrian safety area:
1. Signing and Pavement Marking Intersection Plan (1 Sheet)
, Seminole Street and Pennsvlvanla Avenue Intersection
Traffic calming raised Intersection will be designed for the Seminole and
Pennsylvania Intersection. The intersection improvements will be designed
within the existing gutter limits. No drainage improvements are anticipated.
Roadway improvements and grading will be provided in plan view on one (1)
sheet. No signing and pavement marking plans are anticipated; existing
intersection signing will be utilized. The following speclflc plan sheets are
anticipated for this traffic calming area:
1. Intersection Improvements and Grading Plan (1 Sheet)
Pennsvlvania Avenue and Plaza. Hart. and Jones Street Intersections
Traffic calming intersection radii return reduction wlll be designed at
Pennsylvania intersection with Plaza, Hart and Jones Streets. Reduction in curb
return radii will impact gutter drainage flow and drainage structures. Vehicle
turning movements will be analyzed at each intersection for Clearwater large fire
trucks and WB-50 moving trucks. One (1) demolition plan, grading and drainage
planl intersection improvement and geometric plan will be prepared. No signing
and pavement marking plan is anticipated. ExIsting Intersection signs will be
relocated to the appropriate locations. No drainage analysis is anticipated since
the roadway impervious area will be decreased, The following specific plan
sheets are anticipated for this traffic calming area:
1. Intersection Demolition Plan (1 Sheet)
2. Intersection Improvement and Drainage Plan & Profile (1 Sheat)
3. Intersection Grading and Geometric Plan (1 Sheet)
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Bettv Lane and CSX Railroad CrossinQ Improvements
Roadway safety improvements wfll be designed along Betty Lane at the CSX
Railroad crossing. These Improvements will address the sight distance problem
at the railroad crossing, which will likely consist of lengthening the vertical curve
and analyzing the grading Impacts adjacent to the vertical profile adjustment.
Coordination with CSX railroad will be required to obtain permits, which will
involve Wade~Trim In preparing a construction permit appllcatlon. Any
Improvements to the railroad grade crossing will be the responsibility of CSX.
The following specific plan sheets are anticipated for this traffic calming area:
1. Roadway Demolition Plan (1 Sheet)
2. Roadway Typical Sections (1 Sheet)
'3, Roadway Plan & Profile (1 Sheet)
4. Roadway Signing & Pavement Marking Plan (1 Sheet)
Drainage Permits. '
Note: .Because there will most likely be a reduction In the area of pavement, it is
anticipated that a simple Notice General Permit AppHcatlon will be acceptable to
the permit approval entitles. Ho'wever, should other permits be required outside .
of this relatively simple process, such permitting services will need to be
negotiated.
Holt Avenue (one-wav traffic pattern) and Intersections with Russell. EnQman. and
Palmetto Streets '
Independent from the conceptual plan developed at the traffic calming charrette
the staff, PTA, and SAC of Curtis Fundamental School have identified several
safety concerns and possible solutions to improve the current situation, they are
as follows as outHned in an earller letter dated January 12, 2001 from the
Plnellas County Campus Police Department:
1. 24 hour one~way in front of the school.
2. Install a traffic table with a short median at the Intersection of
Engman and Holt. .
3. ,Install a median through the curve at the intersection of Russell
and Holt.
4. . Install a second traffic table near the kindergarten pick-up circle on
Holt.
5. Add a median on Holt near Its intersection with Palmetto.
6. Add street parking.
In response to the school letter request described above, traffic calming raised
crosswalks/speed tables or raised Intersection at Engman Street; raised median
at Russell Street and Holt Avenue curve; raised median or bulbouts at Holt
Avenue and Palmetto Street Intersection; and Holt Avenue one-way traffic
pattern from Engman Street south to Palmetto Street will be designed along Holt
'Avenue from Russell Street to Palmetto Street.
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Two (2) Holt Avenue roadway improvement plan sheets will be prepared to
identify raised crosswalks/speed tables or raised intersectfon at Engman Street!
mauntable median curve at Russell Street, and raised median or bulbouts at
Palmetta Street intersection. All.lmprovemeilts will be within the existfng gutter
limits, so'no drainage plans will be required. No drainage analysis would be '
conducted since the roadway impervious area wauld mast likely decrease.
Intersection grading plan may be required at Engman Street shauld the
intersectfon be raised. Signing and pavement marking plans wauld be required
ta indicate the one-way traffic flow pattern and street parking alang Holt Street
fram Engman Street south ta Palmetto Street. No landscaping is praposed at
this time for the area. The following specific plan sheets are anticipated for this
. traffic calming area:
1. Raadway Improvement Plans (2 Sheets)
2. Intersection Grading Plan (1 Sheet)
3. Signing and Pavement Marking Plans (2 Sheets - Dauble Pass)
2.0 Design SUrvey
A. The topographical survey will be performed under a separate' contract by
John R. Beach & Associates, Inc.; a Plnellas County based Surveying
Company, who will serve as a subconsultant ta Wade-Trim on that
assignment.
B. The Consultant will prepare planimetric base maps and an overall
neighborhood aerial map for the praject area consistent with the conceptua,l
traffic calming treatment.llmlts prepared for the neighborhood. There will be
appraximately 23 topographical base map sheets far traffic calming prepared
at a scale .of 1 tf = 20' and carresponding horizontal and vertical control map
indicating coordinates of traverse points, design baseline control, ties and
benchmarks. The aerial base map will be assembled using the aerial
phatography provided by the City .overlaid with survey data obtained in the
fteld.
~.o' GeotechnicallnvestiQations
I
i ' A. The City will provide the geotechnical investigatians and laboratory testing
required to evaluate the subsurface conditians for the design of the pavement
section and drainage according to FDOT standards.
4,0 Dralnaqe Permits
A. The Consultant anticipates and will prepare a Standard General Application
for this project. No other state .or federal permIts are anticipated for the
, construction of the trafflc calming features.
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5.0 Specifications and Contract Documents (Bid Packaae)
A. The Consultant will prepare special provisions as required by the design
that will Include specifications covering any special construction methods
that may be required. The City will furnish the front end contract
documents consisting of City Index, Section II - Instructions to Bidders,
Section III - General Conditions and Supplemental Conditions. and
Section V - Contract Forms. The Consultant will also furnIsh the Bid
Proposal forms, complete the Scope of Work section for the
Advertisement of Bids & Notice to Contractors, and Section IV -
Technical Specifications Scope of Work including Articles of Technical
Specifications check list and Measurement and Payment section to be
Included in the Contract Documents. The City will be responsible for
providing copies of the plans. specifications and other Bid Documents as
wall as scheduling activities and advertising costs associated with the
bids. The Consultant wilt assist the City in the review of bids received and
s~lection of a contractor for the project.
6.0 Construction Administration (Limited Services)
A. The Consultant will participate in Pre. Bid and Pre.Construction
conferences.
B., The Consultant will prepare any addenda required.
C. The Consultant will review and approve all construction shop drawings
supplied by the Contractor for substantial conformance with the design
concept of the project given in the technical specifications.
D. The Consultant will coordinate necessary Interpretations. clarifications,
and modifications of the contract documents to The City and Contractor.
1. Interpretations of the construction plans will consist of discussing
the Intent of the project desIgn in the event of changes proposed by
the City or Contractor. The effort involved for construction plan
interpretations is estimated at 1.Ml days of aggregate time In
response to questions presented.
2. Construction plan clarifications will be provided throughout the entire
construction process. Questions that are related to the design plans
will be responded to in a timely manor to avoid any delays with
construction activities. The effort involved for construction plari
clarifications is estimated at two (2) days of aggregate time in
response to Items presented.
3. Modifications to the constructlon plans may Involve minor
, adjustments to proposed utilities due to conflicts with exIsting
utilities. Modifications to the plans exceedIng over two (2) days of
aggregate Design and CADD work are not Included in thIs estimate
and will need to be discussed and/or negotiated prior to proceeding
beyond the time allocated.
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E. The Consultant wlll participate in weekly project status meetings during
the start up phase for construction operations involving underground
utilities. roadway paving, and landscaping. It is estimated that a total of
nine (9) meetings, three (3) for each phase, will be attended and meeting
minutes prepared by the Consultant. The City Project Manager wHl
coordinate meeting attendance with the Consultant.
The Consultants attendance at the progress meetings will consist of the
Project Manager, Mr. Gregory S. Trim, PE, and when necessary (three
(3) meetings estimated) the Project Landscape Architect, Ms. Sharon
Eichler, ASLA.
F. Construction certification is not included in this scope of work. It will be
clearly indicated in the contract documents that the Contractor will be
responsible in preparing the final aSMbullt drawings, signed and sealed by
a Professional Engineer. The City will be responsible in supervising and
reviewing the construction material testing procedures and results.
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7.0 Citvof Clearwater Responsibilities
A. The City of Clearwater shail be responsible for the following materials and
services in support of this Work Order:
, 1. Location of City's subsurface utilities that are not located
on the topographical survey and not provided in The City
Atlas.
2. Confirm and update existing drainage information provided,
on the topographical survey including the size, location
and direction of flow of each drain that services the '
affected project.
3. Old construction plans depicting pavement depths and
types, ,curb and gutter, details, or other information
identifying existing conditions.
4. Expedient technical City staff reviews at 30%, 60%, 90%,
and 100% with a maximum of 15 worldng days following
each phased submittal.
5. Scheduling of any public meetings deemed necessary to
facilitate the project. ,
6. Scheduling and conducting the required preMbid and pre-
construction meetings.
7. Permit fees.
8. ,Mass production of bid set documents.
9. , Geotechnical investigations and laboratory testfng.
10. Fire Truck dimensions/parameters
11. Coordination on COQsultant attendance at weekly project
, status meetings during the constructfon phase.
12. Survey elevations and locations of existing utility conflicts
that would require modifications to the design plans by the
Consultant.
13. Coordinating any special meetings requtred to discuss the
design intentIons of the construction plans.
14. Perform daily construction observations and construction
administration actIvities.
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E. The Consultant will participate in weekfy project status meetings during
the start up'phase for construction operations Involving underground,
utilities, roadway paving, and landscaping. It is estimated that a total of
nine (9) meetings, three (3) for each phase, will be attended and meeting
minutes prepared by the Consultant. The City Project Manager will
coordinate meeting attendanc6 with the Consultant.
The Consultants attendance at the progress meetings will consist of the
Project Manager, Mr. Gregory S. Trim, PE, and when necessary (three
(3) meetings estimated) the Project Landscape Architect, Ms. Sharon
Eichler, ASLA. '
I F. Construction certification Is not included In this scope of work. It will be
clearly indicated in the contract documents that the Contractor will be
. responsible In preparing the final as-built drawings, signed and sealed by
a Professional Engineer. The City will be responsible in supervising and
reviewing the construction material testing procedures and results.
7.0 ,Citv of Clearwater Responsibilities,
A. ' The City of Clearwater shall be responsible for the following materials and
services in support of this Work Order:
1. Location of City's subsurface utilities that are not located
on the topographical survey and not provided in The City
Atlas.
2. ' Confirm and update existing drainage Information provided
on the topographical survey'including the size, location
and direction of flow of each drain that services the
affected project.
Old construction plans depicting pavement depths and
types, curb and gutter, details, or other information
identifying existing conditions.
Expedient technical City staff reviews at 30%,60%,90%,
, and 100% with a maximum of 15 working days following
each phased submittal.
Scheduling of any public meetings deemed necessary to
facilitate the project.
Scheduling and conducting the required pre-bid and pre-
construction meetings.
Permit fees.
Mass production of bid set documents.
Geotechnical Investigations and laboratory testing.
Fire Truck dimensions/parameters
Coordination on Consultant attendance at weekly project
status meetings during the construction phase.
SurVey elevations and locations of existing utility conflicts
, that would require modlflcatlons to the design plans by the
Consultant.
Coordinating any special meetings requIred to discuss the
design intentions of the construction plans.
Perform dally construction observations and construction
administration actIvities.
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11.
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14.
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8.0' Meetlnas
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9.0 Ootions
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A. The Consultant proposes seven (7) meetings with representatives of the
City and Contractor and possibly eleven (11) meetings with City
representatives, neighborhood residents, and school officials as follows:
1. Initial on-site meeting to review site conditions and to define
the project limits and extent of work and any changes that
, may be necessary to utilities, sidewalks, driveways,
drainage facilities, etc.
'. 2. One (1) meeting at 30 % stage to discuss preliminary
geometric design and maintenance of traffic.
3.
Three (3) staff meetings at the 60%, 90%, and 100% to
check the final plan details.
Three (3) public meetings at 30%, 90%, and 100% with the
neighborhood traffic calming technical team.
5. Three (3) meetings with Curtis Fundamental School
representatives.
4.
6. Attend, Pre~Bid and Pre~Construction meetings.
7. Three (3) optional public meetings.
b. Any additional meetings shall be provided by the
Consultant on a time and materials basis.
8.
Two (2) meetings with Pinellas County School Board
Design/Construction staff. '
A. Subsurface utility engineering investigation as needed that does not
exceed $2,500 of effort. Investigations exceeding the above amount will
, need to be negotiated on a time and material basis.
10.0 Proiect Oeliverables
, .
A. Based on the Conceptual Traffic Calming Design provided by Alternate
Street Deslgnj PA, Wade~Trim will develop and provide a full set of
construction plans, Auto Cad construction plan files, pertinent sections of
the plan specifications (hard copies and electronic Microsoft word & excel
files), and horizontal & vertical control required for construction stakeout.
The reproducible construction plan bidding set will be prepared on velum
media. '
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11.0 Breakdown of Project Costs'
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A. Develop Constructfon' Plans
B. Alternate Street Design. P.A.
C. Irrigation Concepts
D. . S'ubsurface Utility Investigatlon
E. Construction Administration Services
Total Costs,.
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'ENDOF SCOPE OF WORK
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P;\AM.1 OOO'Iatrim\FInaI\Greon~Crevlsedo60702.dOC
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$141.413.40
$ 13,000.00
. $ 7.500.00
$ 2,500.00
$ 20.308.56
$18~'Z21.96
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ATTACHMENT UB"
EXPEDITED SCHEDULE
NORTH GREENWOOD TRAFFIC CALMING DESIGN AND
CONSTRUCTION ADMINISTRATION SERVICES
CITY OF CLEARWATER
, Authori~ation to Proceed
, Receive Topographical ~urvey
30% Geometric Design Package.' '
.' .
, Submittal of 60% Plans
, ,City Staff Review of 60% Plans
Submittal of 90% Plans & Specifications
Submittal of Standard General Drainage Permit
City Staff Reyiew of 90% Plans & Specifications
Submittal of 100% Plans, Specifications & Bid Documents
City Staff Review and Approval of 100% Plans,
, Specifications & Bid Documents
Advertisements for Construction Bids
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Contractor Select~on by City Commission
Authorization to Commence Construction
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Substantial Completion of Construction
. Final Completion of Construction
Project Closeout
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, P;\AAA 1 OOO\Gtrlm\Flna1\GroonwaodTClovlsedOO0702.doc
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Traffic Calming Program
Status & Recommendations
August 19th, 2002
Philosophy
'. Emergency Responders
'. Build Community
. Add Value to Neighborhoods
. Noise
.. Comprehensive Solutions
'. Cost-Effective
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Why traffic calming?
. By Popular Demand
. Quality of Life
. Pedestrian Safety
. Children, Elders, Pets at Risk
. Noise
~olicy
1. Bottom-Up Approach
2. Identify "Top 8" for Crashes
3, Rank by # of Crashes
4, 650/0 Property Owner
Signatures
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Steps To Traffic Calming
o Preliminary
. Identified as Top 8 and Rankinq
· Charrette and 65% consensiJs
f) Topa Survey
t) Engineering Design
e Construction
2
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Status of program
0 e C) 0 Year
Grandview Terrace ../ ../ ../ 2003
North Greenwood ..I ../ 2004
Skvcrest ../ ../ 2005
Wood Vallev ../ ../ 2006
Mornlngside ../ ../ 2007
Greenlea/Olten ../ ../ 2008
Hillcrest ../ ../ 2008
; ,
,Traffic Operations
. Longview
.. Druid Hills
. De,l Ora
. Brookhlll
. Mandalay
. Hallmark
. Lakeview
. Skycrest Terrace
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Options
. Divert Funds
, · Delays Current Projects
. Accelerate Funding
. Pennies
· Road Millage
· Bond Gas Tax
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Results: Consensus
. Grandview Terrace
Near 1000/0 Consensus
. 7 of 9 Neighborhoods
650/0 Properly Owner Consensus
Options
. Cut Back or Remove
· Discards 650/0 Consensus
. Assessments
· Fairness Issues
~ Consensus Issues
· Administrative Complexity
Options
Current 'Future
Cut back
Assessments +/- +
Divert +
Accelerate + +
3
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. Award Bid to Construct
Gri:mdview Terrace,
. Authorize Design, Work Order,
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Clearwater City Commission
Agenda Cover Memorandum
Work sessIon Item #: 2uJ I \
Final Agenda Item # 30
Meeting Dale: 08/22/02
SUBJECT/RECOMMENDATION: Award n contract for the Grundvicw Tcrrucc Truffle Cnlming und
Stormwnter Improvements (99-0023"EN) to l\'ITM Contractors, IIlC, ofSt, Petersburg, Florida in the
amount of $618,566.75, which is the lowest responsible bid received in accordance with plans and spccinc~itions,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
o This contract is for construction of traffic calming und stormwatcr improvements in the Grandview Terrace
neighborhood.
.' This traffic calming project is in response to long-standing resident requests for a solution to speeding vehicles
in this residential neighborhood.
. The Traffic Calming Plan was developed by neighborhood residents at n City-sponsored charrette workshop,
then field-verified by engineers.
. The Traffic Calming Plan was approved by petition signatures of nearly 100% of the property owners of
Grandview Terrace neighborhood. The detailed engineering design was reviewed and approved at the 30%,
60% and 90% st.ages by a representative committee of neighborhood residents.
. The project includes a 1 "lane modern roundabout at Palmetto Street and Casler A venue to provide safe
crossing for students in front of Kennedy Middle School. The school attended the charrelte workshop and is
agreeable to the roundabout, which incorporates the school colors into the design.
u The subject bid was approximately $200,000 lower than the Engineers Estimate.
. Resolution 01-21 was passed on November 15, 2001; establishing the City's intent to reimburse certain
Stonnwater Utility project costs incurred with future tax-exempt financing. The projects identified with 2002
revenue bonds as a funding source were included in the project list associated with Resolution 01w21.
. Sufficient budget for 02 Stormwater Revenue Bond proceeds is available in project 377-96124 (Storm Pipe
System Improvements) to fund the $63,598.18 stormwater improvement segment of this contract.
. Capital Improvement Program project 315-92259 (Traffic Calming Program) has sufficient budget and
revenue to fund the traffic calming segment of this contract.
. Work will commence upon bid award and execution of the contract and will be completed before Kennedy
Middle School resumes for the 2003-2004 session. All work on Palmetto will tuke place during the summer.
. A copy of the contract documents is available in the City Clerk's office for review.
Revlewod by: Originating Cept: 7t^-cI Coats:
Legal tM- Info Srvc N/A Public Works Total ' $618,566.75
Admlnlstratlon (K.Sldes
Budget ~ Public Work 4 User Cept. Funding Source:
Purchasing DCM/ACM Current FY CI X
Risk Mgmt N/A Other Attachments OP
Other
Submitted by: l!l None Appropriation Code:
City Manager'B&-U ~-6_ .~ 377 .96124.563700.539.000 $ 63,598.1 B
--~ 315-92259.563700.541.000 554,968.57
-0 PrInted on recycled paper Grandvlew Torrace Trafflc Calming bid award. Agonda ltem.docRov. 2/98
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~: BID DOCUMENTS AND TECIINICAL SPECIFICATIONS'
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GRAND'lIEW TERRACE TRAFFIC CALMING AND
. ,
STORNnNATERIMPROVEMENTS
, "
:Cityof Clearwater Project No. 99~0023-EN '
prepared fo~:
, !
THE'CITY OF CLEARWATER
PUBLIC WORKS ADMINISTRATION
,ENGINEERING DEPARTlVlENT
I,
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, prepared b~;
W ADE- TRIM, INC,
4919 MEl\tIORIAL HIGHWAY
SUITE 200
TAMPA, FLORIDA 33634 .
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AnVElfI'lSEi\lENT OF BIDS ...'\.: NOTICE TO CONTRACTORS
GRANI>VIE\\' TERRACE TRAFFIC CALi\IING...~ STORi\I\\'ATER 1i\IPROVEi\IENTS
, CONTRACT #99-0023-EN
CLEAR\VATER. FLORIDA
Copies of the Contmct Documents and Plans for this project arc uvailabk 1"01' inspection anu/or
purchase by prospcctive bidders at the Municipal Services Bldg., Public Works Auministratioll Officc,
211(1 Floor. 100 So. Myrtle A \'c., Clearwater, Floriua, betwecn the hours of 8:30 a.m. and 4:30 p.m.
Monday thm Friday, ON TUESDAY, MAY 7, 2002, until no latcl' than close or business three days
preceding the bid opening. A charge ot'SIOO.OO, none ot'which will be ret'unded, will bc Illude for each
set. '
The work for which proposals are invited consists of INTERSECTION IMPROVEMENTS AND
TRAFFIC CALMING FEATURES AT BAKER AVE, RICHARDS AVE, CASLER AVE.
RIDGE\VOOD AND PALMETTO STREETS. NE\V INTERSECTION SYSTE!\1
CONSISTING OF T\\'O (2) TRAFFIC ROUNDABOUTS; THREE (3) TRAFFIC !\IINI-
ROUNDABOUTS; FOUR (4) SPEED TABLES; SEVERAL MEDIAN ISLANDS; REMOVAL
OF EXISTING PAVEMENT AREAS, CURBING AND SOME STOR!\-I SE\VEH, \VITHIN TilE
PROPOSED INTERSECTION LIMITS, CONSTRUCTION OF NE\V STORM SE\VER
\V~THIN THE INTERSECTION IMPROVEMENTS, REPLACEI'\'lENT AND UPSIZING
EXISTING STOlll\'1 SE\VER \VITHIN THE DRE\V STREET RO\V, CONCRETE CURB AND
GUTTER, SIDE\V ALKS AND RAMPS, PAVEMENT SECTION, BRICK PAVERS,
INTERSECTION LIGHTING, PERMANENT SIGNING, PA VEMENT MARKINGS,
IRRIGATION SYSTEM AND LANDSCAPING; TOGETHER \VITlI NECESSARY
APPURTENANCES,
A Mandatory Pre-Bid Conference has been scheduled for all prospective bidders to be held on
Mondav~ Mav 20.2002 at 10 a.m. at the Municipal Services Building, 100 S. Myrtle Ave, I~l floor,
Human Resources Training Room #130, Clearwatcr, Florida. Represcntatives of the Owner and
Engincer will be prescnt to discuss the project,
Scaled proposals will be received by the Purchasing Manager, at the Purchasing Office, located at the
Municipal Services Bldg.. 100 So. Myttle Ave.. 3rd Floor, Clearwater. Florida 33756-5520, lIntil 1:30
P.M. on \VEDNESDA Y, JUNE 5, 2002, and publicly opened and read at that hOllr and place for
GRANDVIE\V TERRACE TRAFFIC CALMING AND STORM\VATER IMPROVEMENTS
(99-0023-EN).
A complete bidders package containing plans, specifications, bond fOnllS, contract fonn, affidavits and
proposal fOnll is available only to City pre-quali lied contractors in at Icast three (3) of the following
construction categories ASPHALTIC CONCRETE RESURFACING~ CONCRETE
FLATWORK~ ROAD\VAY & PARKING LOT CONSTRUCTION AND/OR SANITARY &
STORM SE\VERS a minimum pre-qualification amount of$750.000.
Contractors, suppliers, or others who are not pre-qualified but who may be interested as a possible
'subcontractor, supplier. etc., may purchase a "Subcontractor" pnckage consisting of plans.
specificationsl and pay items worksheet.
A 10% bid bond is required for all City of Clearwater projects.
The right is reserved by the City Manager of the City of Clcarwaterl Florida to reject any or all bids.
The City of Clearwater, Florida
Willimn B. Horne, 11, City Manager
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Grnndvicw Tcrrncc ~rrnffic Cnhllill~ nnd Storrnwntcr Impro\'cntcnts (99~0023";EN)
Section 0 1 00 I
, Indc:t of Plnns
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))nrt 1 General
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The Plans bearing the ge'ncral title of Grandvicw Terrace Traffic Calming and Stonnwatcr lmprovcments'clated
February 15t 2002t' are included wi~h and form 'il: part of the COil tract Doc'\Iments for this Project.'" ,
, '
SITE DEVELOPMENT PLAN SET
,',
DESCRIPTION
Cover
General Notes &'Legend, , ' ,
Typical Sections'
Demolition Plans
Roadway and Drainage Plans
, , '
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Horizontal Alignmertts
Roadwa~ Geoinctri~s'and Grading Plan'
, '
, Maintenance of Traffic / Construction Sequence
Signing and Pavement Marking Plan'
Standard Details
. Landscape Plans
Landscape Details
Lighting Details '
"
End of Section '
". l
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MA Y 2002
FLA
01001-1
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INI>EX
SECflON
I ADVERTISEMENT FOR BIDS ,,~
NOTICE TO CONTRACTORS
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" " n INSTRUCflON TO BIDDERS.
.' ,
COPIES OF BIDDING DOCUMENTS
QUALtFICA nON OF BIDDERS
EXAMINATION OF CONTRACT
DOCUMENTS AND SITE
,INTERPRETATIONS AND ADDENDA
BID SECURITY OR BID BOND
CONTRACT TIME
LIQUIDATED DAMAGES
SUBSTITIITE MA TERlAL & EQUIPMENT
SUBCONTRACTORS
BIDIPROPOSAL FORM
SUBMISSION OF BIDS
MODWICA TION AND \vm-IDRA W AL OF BIDS
REJECTION OF BIDS
" DISQUALIFICA nON OF BIDDER
" OPENING OF BIDS
,LICENSES. PERMITS. ROYAL 1Y FEES AND TAXES
IDENTICAL TIE BIDSNENDOR "
DRUG FREE WORKPLACE
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ARTICLE, . PAGE
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2 1 .
3 2&3
4 3
5 3 &4'
6 4
7 4
8 4
9 4&5
10 5,
.' II .6
12 6
13 6
, 14 7
'15 7 "
16 ',',7
17 7&8,
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I N 0 E X
SEcnON
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, If INSTRUCTIONS TO BIDDERS CONTINUED~
AWARD OF CONTRACT
BID PROTEST'
TRENCH SAFETY ACT
m'
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GENERAL CONDmONS
'. DEFINITIONS
PRELllvllNARY MA TIERS
DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE
. ,
COPIES OF DOCUMENTS '
COMMENCEMENT OF CONTRACT llME:'
NOJ1CETO PROCEED: STARllNGTHE PROJECT
BEFORE STARTING CONSTRUCTION
PRECONSTRUCTJON CONFERENCE
CONTRACT DOCUMENTS, INTENT
INTENT
,
REPORTING & RESOLVING DISCREPANCIES
AVAILABILITY, OF LANDS: SUBSURFACE '
AND PHYSICAL CONDITIONS: REFERENCE POlNTS
, ,A V AlLABILIlY OF LANDS
INVESTIGATIONS AND REPORTS
, PHYSICAL CONDmONS: UNDERGROUND FACILITIES
ARTICLE
18
19
20, , '
I'
2'
2.1
2.2
, 2.3
2.4
2.5
3,
,3.1 '
3,2
4
4,1
4.2
4.3
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PAGE,
8&9
9& 10
"10
IlHRU 4
4&5
",5&6
'6 TIiRU, 8
, 12100
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SECf10N ' "
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'm GENERAL CONDmONS CONTINUED:
REFERENCE POINTS' ,
BONDS AND INSURANCE
, ' PERFORMANCE AND PAYMENT.
BOND/CONTRACT BOND
INSURANCE'
e 'Worlanen's Compl?lSation Insurance
. Public Liability & Property DaI1kl8c
Lo~gshore & Harbor Worker's Compensation
. '
WAIVER OF RIGHTS
CONTRACTORS RESPONSIBILmES ~ '
SUPERVISION AND SUPERINTENDENCE
- 'LABOR. MATERIALS AND EQUIPMENT
SUBSTITUTES AND "OR EQUALu ITEMS
RESPONSIBILITY FOR SUBCONTRACTORS.
SUPPLIERS AND OTHERS
USE OF PREMISES
, ,
, LICENSE AND PATENT FEES. ROYALTIES AND TAXES
LAWS AND REGULATIONS
PERMITS
SAFElY AND PROTECTION
EMERGENCIES
, SHOP ORA WINGS AND SAMPLES .
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5. J
5.2
5.3 11
6, 1211iRU 18
'6.1
6.2
6.3' ,
,6.4 '
6.5
6,6
~.7
6.8
I 6.9
,
6.10
,6.n"
12100
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,INDEX
SECfION
m GENERAL CONDmONS CONTINUED:
,AS-BUILT DRAWINGS
CAD, STANDARDS,
DELIVERABLES "
'.: CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE
CONTINUING THE WORK '
'INDEMNIFICA nON.
OTHER WORK
RELATED WORK AT SITE
COORDINA nON
OWNERS RESPONSIBILITY
. ENGINEER'S STATIlS DURING CONSTRUCTION
, OWNERS REPRESENTATIVE
'CLARIFICATIONS AND INTERPRETATIONS,
REJECTING OF DEFEC11VE W'ORK
SHOP DRAWINGS, CHANGE ORDERS. AND PAYMENTS
DECISIONS ON DlSPlITES
LIMITATIONS ON ENGINEER'S RESPONSIBILITIES
CHANGES IN THE WORK
, ,CHANGES IN THE CONTRACT PRICE
CHANGES IN THE CONTRACT PRICE
D
. ' ,
~l'~~Jill~~'n;I'~lIiI"""""''''''''~''''''''' F'_or "
. ,... ... t' ~ ~.I., !........'l, ..... ~'l- ...... ~...". ".,...... ...... '.'
A RTlCLE
6.11
6.12
6.13
6.14
7 ':
7.1
7.2
. ' 8 "
9
9.1
9.2
9.3'
9.4
9~5
9.6
10
11
, 11.1
~ ;., ,'; '. ~ }~'
PAGE
18 & 19
19 TI-lRU 22
23
, '
. '23 & 24
24
24 & 25
25 & 26
. 26
26 THRU 28
28 & 29
29 & 30
12100
i, .' \ . .. -. . ....!.. .
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INDEX
SEcnON '
m
GENERAL CONDITIONS CONTrNUED:
ALLOWANCES AND FlNAL CONTRACT
PRlCE ADJUSTMb""NT
I! C
, UNIT PRICE WORK
CHANGES IN TI-lECONTRACT TIME
, TESTS AND INSPECTIONS, CORRECTION.
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
TESTS AND INSPECTION
UNCOVERING THE WORK
ENGINEER MAY STOP TI-IE WORK
CORRECTION OR REMOVAL OF DEFECTIVE WORK
WARRANTY/CORRECTION PERIOD
, ACCEPTANCE OF DEFECTIVE WORK
" OWNER MAY CORRECT DEFECTIVE WORK
PAYMENTS TO CONTRACTOR AND COMPLE'nON
APPLICATION FOR PROGRESS PAYMENT
COJ'ffRACTOR'S W ARRANlY OFTITLE
, '
REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS
, PARTIAL tmLlZATION "
FINAL INSPECTION
. '
FINAL APPLlCATION FOR PAYMENT
E
, '.
,
_.__._._u....
"
,>
ARTICLE
PAGE
,
J 1..2
11.3
12 31
, 13 ,32 THRU 35
"
13.1
13.2
13.3
13.4
13.5
13.6
13,7
14 351HRU 38
14.1
14.2
14,3
14,4
14.5
14.6
12100
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INDEX'
, SECTION
ill ' GENERAL CONDmONS CONTINUED:
FINAL PAYMENT AND ACCEPTANCE
. '
, WAlVE~ OF CLAIMS
SUSPENSION OF WORK AND TERMINATION
, OWNER MAY SUSPEND THE WORK
OWNER MAY TERMINATE
, , '
CONTRACTOR lvIA Y STOP WORK OR TERMINATE.
DISPUTE RESOLUTION
'.
lvDSCELLANEOUS "
SUBMl1T~ AND'DOCUMENT FORMS
GIVING NOTICE
, 'NOTICE OF CLAIM'
, .
PROFESSIONAL FEES & COURT COSTS INCLUDED, '
ASSIGNMENT OF CONTRACT
RENEWAL OPTION
, '
: ,
I.
:1.
, ;
I '
F
,',
, '
, ,
, , ARTICLE
14.7
14,8
15 '. '
15.1
15.2
15,3 .
16
17
17,1
17,2
17.3
17.4
17.5 '
17,6
, '
;.
PAGE
38.TIiRU 40
41
..
41
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INDEX
SECI10N '
IV ' TECHNICAL SPECIFICATioNS
, SCOPE OF lliE WORK
LINE & GRADE
DEFINITION OF TERMS'
ORDER & LOCA nON OF TI-IE WORK
EXCA V A TION fOR UNDERGROUND \yORK'
"CONCRETE
. .,' .
EXCAVATION & FOIUvIS FOR CONCRETE ,WORK
REINFORCEMENT FOR CONCRETE
OBSlRUCnONS
, RESTORATION OR REPLACEMENT OF CURBS.
" DRIVEWAYS. SIDEWALKS. AND PAVEMENTS
WORK IN EASEMENTS & PARKWAYS
DEWATERING
SANITARY ~ MANHOLES
BACKFILL
, STREET CROSSING
RAISING OR LOWERING OF SANn~ARY SEWERS.
, STORM DRAINAGE STRUCTURES
UNSUITABLE MATERIAL REMOVAL
UNDERDRAINS
STORM SEWERS
,\
G
, ,
, ARTICLE
PAGE
2
3
4
,5 '
'6
7.
. ~,
9
10
u,
. 12
13
14
15
, 16
17,
15
18
16
19
,
17&18
09/00 '
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, I
INDEX
SECTION ARTICLE IlAGE
IV, TEC,HNICAL SPECI.FICA TIONS (Cont~nued:)
. SANITARY SEWERS & FORCE MAINS 20 ,18 THRU 22
, DRAINAGE ' ,il 22
ROADW A Y BASE & SUBGRADE 22 23 THRU 2S
ASPHALTIC CONCRETE MATERIALS 23: 26 THRU 30
ASPHALTIC MA TERlAL (ADJUSTMENT. BID PRICE) 24. 31 I
I
I
GENERAL PLANTING SPECIFICATIONS 2S .
. LANDSCAPE 32 THRU 49 I
IRRJGA TION 50 THRU 60.' I
HOPE DEFOR.,\1EDIREFORMED PIPE LINING 26 61 THRU 64
PLANT MlX DRIVEWAYS '27 ' 6S
REPORTING OF TONNAGE OF RECYCLED MATERIALS' 28 66
CONCRETE CURBS 29 67
, "
CONCRETE SIDEWALKS & DRIVEWAYS 30 , 67
SODDING 31 '68
SEEDING 32 68
STORM MANHOLES, INLETS. CATCH BASINS. OR 33 69 & 70
OTHER STORM STRUCTURES
MATERIAL USED 34 71
"
CONFLICT BETWEEN PLANS & SPECIFICATIONS 35' '71
. ,
STREET SIGNS 36 71.'
VIDEO TAPING OF CONSTRUCTiON WORK SITE' 37 72 THRU 74
H
09/01
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.1 N D EX
SECTION
IV . TECHNICAL SPECIFICATIONS (Continued):
EROSION & SILTATION CONTROL
tJflLIn' TIE-IN LOCATION MARKING
AWARD OF CONTRACT. WORK SCHEDULE & GUARANTEE
WATER SPECIFICATIONS
GAS SPECIFICATIONS
TENNIS COURT
CLA Y TENNIS COURTS
. WORK ZONE TRAFFIC CONTROL.
, CURED~JN-PLACE PIPE LINING
POLYETHYLENE SLIPLINING
POLYVINYL C'HLORIDE RlBBED PIPE
. "
GUNITE ,SPEClFICA TIONS
SANITARY AND STORM MANHOLE' LINER RESTORATION
PROJECT INFORMATION SIGNS
IN-LINE SKATING SURFACING SYSTEM
RESIDENT NOTIFICATION OF START
OF CONSTRUCTION
GAB IONS AND MATTRESSES
LAWN MAINTENANCE SPECIFICATIONS
MILLING
CLEARING & GRUBBING
RIPRAP
, ,
ARTICLE
I)AGE
38 75 TlIRU 79
39, SO
40 81
AI 82 THRU 93
42 N/A
43 94 THRU 96 .
43a 97 THRU 103
44 104 THRU 106
, 45 107 THRU 109
46 IIOTHRUI15
47 116
48 ,117 THRU 124
49 125 THRU 135
50 136 & 137
51 138 TH,RU, 140
52 141 & 142
i
,
I,
'I
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53, 143 THRU 148'
54 149 THRU 152 .
55 153 THRU 155
S6 156
57 . 157
08/01
.
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INDEX
. 1
PAGE
SECIlON
V, CONTRACf FORMS
, ,
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"
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1&2
,CONTRACT BOND
CONTRACT
31l-1RU 5
6
, CONTRACTORtS AFFIDAVIT FOR FINAL PAYMENT
, "
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7
. I < , ~
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8
: '.'. AFFIDAVIT
, , .
,,'4, '
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,: ,NON-<:;OLLUSION AFFlDA VlT
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lOTHRU12
,
, PROPOSAL
, ' A,pDENDUM ACKNOWLEDGMENT SHEET
, 13'
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'~ }>RIC;E PROPOSAL SHEET(S)
14
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Grandvicw Terrace Trame Cull11ing nnd Stormwater Improvements (99-0023-EN)
SECTION II
INSTRIJe'T10NS TO B1DnEltS
1. COPIES OF BIDDING DOCUMENTS
1.1' Complete sets of the Bidding Documents arc available for the sum stated in the
Advertisement for Bid from' the Office of the Purc1uising Manager. This amount represents
reproduction costs and is non.refUlldable. A complete bidders package containing plans,
specifications, bond fonns, contract fOnTI, affidavits and bid/proposal fonn is available only
to pre.qualified bidders. Contractors, suppliers, or others who' arc not pre-qualified but who
may be a possible subcontractor, supplier, or other interested person. may purchase a
"Subcontractor" package consisting of plans, speCifications, and list orpay items.
1.2 Complete sets of Bidding Documents must be used in preparing bids. Neither the City
nor the Engineer shall be liable for errors or misinterprctations resulting from the use of
inconlplete sets of Bidding Documents, by Bidders, sub-bidde'rs or others.
1.3 The City, in making copies of Bidding Documents available on the above tenTIS, docs
so only for the purpose of obtaining Bids on the Work and does not confer a license or grant
any other pemlission to use the documents for any other purpose.
2, QUALIFICATION OF BIDDERS
Each prospective Bidder m'ust prewqualify to demonstrate, to the complete satisfaction of the
City of Clearwater, that the Bidder has the necessary facilities, equipment, ability, Iimmcial
resources and' experience to perfoml the \",ork in a satisfactory manner before obtaining
drawings, specifications and contract documents.' An application package for prc-
qualification may be obtained by contacting the City of Clearwater, 'Engineering
Department, Engineering Services Division at P.O. Box 4748, Clearwater, Florida 33758-
4748 (mailing address); 100 South Myrtle Avenue, Clearwater, Florida 33756-5520 (street
address only) or by phone at (727) 562-4750. All qualification datu must be completed and
delivered to the Director of Engineering at the above address not later than fourtecn (14)
days prior to the time set for the receipt of bids. Bidders currently pre-qualified by the City
, do not have to make reapplication.
'.
section II
1
Gralll.l\'icw Terrace Trame Calming und Slormwulcr Improvcments (99.0023-EN)
l\f'
, SECTION 11- INSTRUCTIONS TO BIDDERS CONTINUED:
'....
3, EXAt\IINATION OF CONTRACT DOCUi\IENTS AND SITE
,.,.
. 3. I It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the
Contract Documents thoroughly; (b) visit the site to become familiar \"ith local conditions
that may in any manner affect cost, progress, perfonnance or furnishing of the work; (c)
consider and abide hy all applicable federal, state and local laws, ordinances, rules and
regulations; and (d) study and carefully correlate Bidder's observations with the Contract
Documents, and notify Engineer of all connicts, errors or discrepancies in the Contract
Documents.
3.2 In reference to the Technical Specifications and/or the Scope of the Work for
ide~tification of those reports of explorations and tests of subsurface con~itions at the site
. which have been utilized by the Engineer in the preparation of the Contract Documents,
bidder may rely upon the accuracy of the technical data contained in such reports but not
upon non-technical data, interpretations or opinions containcd thcrein or for the
, completeness thereof for the purposes of bidding or construction. In reference to those
drawings rclatingto physical conditions of existing surface and subsurface conditions
(except Underground FaCilities) which are at or contiguous to the site and \~hich have been
utilizcd by the Engineer in preparation of the Contract Documents, bidder may rely upan the
accuracy of the technical data contained in such drawings but not 'upon the completeness
thereof for the purposes of bidding or construction.
3.3 Infonnation and data reflected in the' Contract Documents with respect to. Underh7fOund
Facilities at or contiguous to the site arc based upan, infonnation and data furnished to the
City and Engineer by owners of such Underground Facilities or others, and the City docs
'not assume responsibility for the accuracy or campleteness thereof unless expressly
provided ~n the Contract Documents.
3.4 Provisians conccrning responsibilities for the adequacy of datu furnished to. prospcctive
Bidders on subsurface conditions, Underground Facilities, other physical conditions,
passible conditions, and possible changes in the Contract Documents due to di ffering
, canditions appcar in the Gcneral Conditians. '
., ,
3.5 Beforc submitting a Bid, each Bidder shall, at Bidder's awn expcnsc, make or obtain
an'y additional examinations, investigations, explorations, tests and studies and obtain any
additional infonnation and data which pertain to the physical conditions (surface,
subsurface and Underground Facilities) at or contiguous to. thc site or otherwise which may
affect cost, progress, perfornmnce ar furnishing the work in accordance with the timc, price
and other tenns and conditions of the Contract Documcnts,
3.6 On request in advance, City will provide each Bidder access to the site to conduct sllch '
explorations and tests at Bidder's own expense as each Bidder decms necessary for
'submission of a Bid. Biddcr shall fill all holes and clean up and restore the sitc to. its fanner
. condition upon completion, of such explorations and tests.
.........
section It
2
I
"...,
111;'1,1 \). " .,..'. ":..:~.........\ ~"""T~-t ..
. ,...~ I
....,
~
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,
, ,
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-1
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Grandvicw Terrace Tramc Calming t1nd Slormwntcr Iml)J'Ovcmcl1ts (99-0023-EN)
. SECTION II - INSTRUCTIONS TO IUUDERS CONTINUED: '
, 5.
3.7 Thc lands upon which the Work is to be perfomlcd, rights-of-way and easemcnts lor
nccess thereto and othcr lands designated for use by the Contractor in perfomling the Work
arc identified in the Contract Documents. All additional lands and access thereto required
for temporary construction fitcilities or storage of materials and equipment arc to he
provided by the Contractor. Easements for penn anent structures or pemlUllcnt changcs in
existing structures arc to be obtained and paid for by the City unless otherwise provided in
the Contract Documents. '
3.8 The submission of a Bid will constitute an uncquivocal representation by the Biddcr
that the Bidder has complied with evcry requiremcnt of these Instructions to Bidders and
,that, without exception, the Bid is premised upon, perfomling and furnishing the Work
rcquired by the Contract Documents by such means, methods, techniques" sequences or
procedures of constru~tion as may be indicated in or required by the Contract Documents,
and that the Contract Documents arc sufficient ill scope and detail to indicate and convey
understanding of all ternlS and conditions ofperfonnance and furnishing of the work.
4.
INTERPRETATIONS AND ADDENDA
4.1 All questions as to the meaning or intent of the Contract Documents arc to be directed
to the Engineer. Interpretations or clarifications considered necessary by the Engineer in
response to such questions will be issued by Addenda, either by mail or facsimile
transmission, to all parties recorded by the Purchasing Manager as having received the
Bidding Documents. Questions received less t1mll.'ten (10) days prior to the date for
opening of Bids may not be answered. Only infommtion provided by fornml writtcn '
Addenda wi11 be binding. Oral and other interpretations of clarifications will be without
legal effect.
4.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by
the City or Engineer. .
BID SECURITY OR BID BOND
5.1' Each Bid must be accompanied by Bid Security made payable to the City ofClcarwatcr
in an amount equal to tcn perccnt (l0%) of the Bidders's maximum Bid price and in the
fonn of a certified or cashiers check or a Bid Bond (on fonn attached) issued by aSUI'cty
meeting the requi,rements of the General Conditions. A cash bid bond will not be acceptcd. ,
Section II
3
Grumlvicw TcrrDcc Trnnic Calming ~lI1d Stormwulcr Improvements (9l).0023-EN)
SECTION II-INSTRUCTIONS TO BlDDEltS CONTINUEIl:
~.-
5.2 The Bid Security of the Successfui Bidder will be retained until such Bidder has
r.xecuted the Agreement and fumishcd the rcquired Payment and Perfomlance bonds,
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whereupon the Bid Security will he rctumcd. If the Successful Bidder fails to execute and
deliver the Ab'feCmcnt and fumish the rcquired Bonds within ten (10) days aftcr the award
of contract by the City Commission, the City may annul the bid and the Bid Sccurity of the
Bidder will be forfeited. The Bid Security of any Biddcr whom the City believes to have a
reasonable chance of receiving the award may be retained py the City until the successful
execution of the agreement with the successful Bidder or for a period up to ninety (90) days
following bid opening. Scem;ty of other Bidders will be returned approximately fourtecn
(14) days after the Bid opening.
,5.3 'The Bid Bond shall be issued in the favor of the City of Clcarwater by a surely
company qualified to do business in, and having a registered agent in the State of Florida.
"
6, CONTRACT TIME
6.1 The number of consecutive calendar days within which the work is to be completed is
, set forth in the Tcchnical Specifications.
7. LIQUIDATED DAMAGES
7.1 Provisions for Iiquidatcd damages are set forth in the Contract Agreement.
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SUBSTITUTE MATERIAL AND EQUIPMENT
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8.1 The contract,ir awarded, will be on the basis or material and equipment desl.:ribed in
the Drawings or specified in the Speci lications without consideration of possible substitute
or tlor equal" iterils. Whenever it is indicated in the Drawings or specified in the
Specifications that a substitute or Itor equallt item may be fumished or used, application for
its acceptance will not be considered by the Engineer until after the effective datc of the
Contract Agreement. The procedurc for submittal of imy such application is described in
the General Conditions and as supplemented in the Technical Specifications.
9,
SUBCONTRACTORS
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9.1 If requested by the City or Engineer,' the Successful Bidder, and any other Bidder so
requested, shall, within sevcn (7) days after the datc of the request, submit to the Enginecr
an experiencc statemcnt with pertinent infonnation as to similar projects and other evidence
, of qual~fication for cach Subcontractor, supplier, person and organizatioli to be used by the
Contractor in the completion of the, Work. ,The amount of subcontract work slmll not
exceed fifty percent '(SOOAI)of the ,Work except as Inay be specifically approved by'the
Engineer. If the Engineer, after due investigation, has reasonable objection to uny proposed
Subcontractor, supplier, othcr person or organization, he may, before recommendillg award
of the Contract
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Section II
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. Gnmdvicw Terrace Trame Calming an~1 St~nn\\'utcr Improvcmcnts (~9~0023~EN)
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SECTION II -INSTRUCTIONS TO BIDDERS CONTINUED:
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Agrcerncnt to the City Commission. request the Successful Bidder to submit an acceptable
substitute without an increase in Contract Price or Contract Time. Ifthc Successful Bidder
, declines to make ~Uly such substitution, the City may award the contract to the next lowcst
and most responsive Bidder that proposes to use acceptable Subcontractors, Suppliers, and
other persons and organizations. Declining to make requested substitutions will not
constitute grounds for sacrificing thc Bid security to the City of any Bidder. Any
Subcontractor, supplier, other person or organization listed by the Contractor and to whom
the Engineer docs not make written objection prior to the recommendation,of award to the
City Commission will be deem cd acceptablc to the City subject to revocation of stich
accept~ncc after the Effective Date of the Contract Agrecmcnt as provided in the General
Conditions.
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9.2 No Contractor shalt be required to employ any Subcontractor, supplier, persoll or ,
organization against whom he has reasonable objection. '
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10, BID/PROPOSAL FORM
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. 10.1 The Bid/Proposal Form is included with the .Contract Documents and shall b~
'completed in ink or by typewriter. All blanks on the Bid/Proposal Forms must be
completed. The Bidder must state in the Bid/Proposal Form in words and numerals \vithout
delineation's, alterations or erasures I the price for which he will perfonn the work ris
required by the Contract Documents. Bidders are required to bid on all items in the
BidIProposal' fonn. The lump sum for each section or item shall be for furnishing all
equipment, nUlterials, and labor for completing the section or item as per the plans and
contract specifications. Should it be found that quantities or amounts sho\vn on the plans or
in the proposal, for any part of the work, are exceeded or should they be found to be less
after the actual construction of the work, the amount bid for each section or item will be
increased or decreased in direct proportion to the unit prices bid for the listed individual
items.
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10.2 Bids by corporations shal1 be executed in the corporate name by the president or a
vice-president (or other corporate officer accompanied by evidence of authority to. sign) and
the corporate seal shall be affixed. The corporate address and state of incorporation shall be
sho\vn below the Signature. If requested, the person signing a Bid for a corporation or
partnership shall'produce evidence satisfactory to the City of the person's authority to bind
, the corporation or partnership.
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10.3 Bids by partnerships shall be exccuted in the partnership name and signed by a general
partner, whose titl~ shall appea,r undcI' the signatur~ and the' 0 fficial address of the
partnership shall bc shown below the signature.
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10.4 All mmles shall be typed or printed below the signature.
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Section 11
5
Gln~d\'iew Terrace Traffic ('ulming and Stormwatcl' Improvements (99.0023~EN)
SECTION II - INSTRUCTIONS TO HII)DERS CONTINUED:
11. SUBMISSION OF BIDS
11.1 Scaled Bids shall be submitted at or before the time and at the place indicated in the
Advertisement for Bids and shall be submitted in the b~d envelope provided with the bid
documents, ] f forwarded by mai I, the Bid shall be enclosed in another envelope 'with the
notation "Bid Enclosedtt on the face thereof and mldresscd to the City of Clearwater,
attention Purchasing Manager. Bids will be received at the office indicated in the
Advertisement until the time and dale specified. Telegraphic or facsimile bids received by'
, the Purchasing Manager will not be accepted. '
12,' 'MODIFICATION AND \VITlIDRA\VAL OF BIDS
1'-
12.1 Bids may be Inodi fi~d or withdrawn by an appropriate document duly executed (in the
manner that a. Bid must be executed) and delivered as described in the Advertisement of
Bids. A request for withdrawal or a modification shall be in writing and signed by a person' ,
duly authonzed to do so. Withdrawal of a Bid will not prejudice the rights of a Bidder to' '
submil a new Bid prior to the Bid Date and Time. After expiration of the period for
receiving Bids, no Bid may be withdrawn' or modified.
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12.2 After a bid is received by the City, the bidder may request to modify the bid for
typographical or scrivener's errors only. The bidder must state in writing to the City that a
typobJ'fuphical or scrivener's elTor has been made by the bidder, the nature of the error, the
'requested correction of the error, and what the adjusted bid amount will be if the correction
is accepted by the City. The City reserves the right at its sole 'discretion to accept, reject, or
modify uny bid.
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13. REJECTION OF BIDS
13.1 To the extent pcnnitted by applicable State and Federal laws and regulations, the City
reserves the right to reject any and alt Bids, and to' waive any and alt infonnalities. Grounds
for the rejection of a bid include but arc not limited to a material omission, unauthorized
alteration of form, unauthorized alternate bids, incomplete or unbalanced unit prices, or
'irregularities of any kind. Also, the City reserves the right to reject any Bid if the City
believes that it would not be in the best interest of the public to make an award to that
Bidder, whether because the Bid is not responsive 'or the Bidder is unqualified or of
doubtful financial ability or fails to meet any other pertinent standard or criteria establishGd
by the City. The City reserves the right to decide which bid is deemed to be the lowest and.
'best in the interest of the public. ' , , ,
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Grand\'ie\~' Terrace Tmt'lic Calming athl Slormwatcr Improvements (l)l)-0023-EN)
SECTION II - INSTRUCTIONS TO GIDDEnS CONTINUED:
14, ,DISQUALIFICATION OF IUDDER
14.1 Any or all bids will be rejected if there is any reason for belicving that collusion ex ists
among the bidders. the participants in such collusion will not be considered in future
proposals for the same work. Each bidder shull execute the Non-Collusion Affidavit
contained in the Contract Documents.
15, OPENING OF BIDS
15.1 Bids will be opened and read publicly ut -the location and time stated 111 the
Advertisement for Bids. Bidders arc in\'ited to be present ut the opening of bids.
16, 'LICENSES, PERMITS, ROYALTY FEES AND TAXES
16.1 Thc Contractor shall secure nil licenses and pemlits (and shall puy all pen11it fees)
except as specifically stated otherwise in the Technical Specifications, The Contractor shall
comply with all Federal and State Laws. Counly and Municipal Ordinances and regulations
which in any manner effect the prosecution of the work. City of Clear wale I" building pemlit
fees and impact fees will be waived except, as specifically stated otherwise in the Technical
Specifications.
16.2 The, Contractor shall assumc all liability for the payment of royalty fees due to the use
of any construction or operation process which is protected by patent rights except as
spec}fically stated otherwise in the Technical Spccifications. The amount of royalty fcc, if
any, shall be stated by the Contractor.
16.3 The Contractor shall pay all applicable sules. consumcr, use and other taxes rcquired
by Inw. The Contractor is responsible for reviewing the pertinent State Stututes involving
the sales tax and sales tax excmptions and complying wilh all requirements.
, 17,
IDENTICAL TIE BIDS/VENDOR DRUG FRI~E \VORKPLACE
,17.1 In accordancc with the requircmcnts of Section 287.087 Florida Statutes regarding a
Vcndor Drug Free Workplace, in thc event of identical tic bids, preference shall be given to
bidders with drug-free workplace programs. Whenevcr two or more bids which are equal
with respect to price. quulity, and service are received by the City for the procurement of
. commodities or contractuuf services, a bid receivcd fronl a business that certifies that it has
implemcntcd a drug-free workplace program shall be given preference in the award process.
Established procedures for processing tie bids will be followed, if nonc or all of thc' tied
bidders have a drug-free workplace program. In order to have a drug-free workplace
progrum, a contractor shall supply the City with a certificate containing the following six
statcments and the accompanying certification statement: .
Sect ion II . ,
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Grandvicw Tcrrtlcc Trarnc ('~11111Il1g and Storm water Impro\'cl1ll:nl!; (91).002J-EN)
SECTION II - INSTRUCTIONS TO BIDDERS CONTINUED:
(I) Publish a statement noti fying employees that the unlawrulmunuHlcture, tJistribution, dispcnsing,
possession, or use of a controlled substance is prohibited in the workplace ano specifying the
actions that will be takcn against employees ror violations of such prohibition.
(2) InrOml employees as to the d.mgers or dmg abuse in lhe workplace, the busine~s's policy of
maintaining n dmg-free workplace, any available dmg counseling, rchabilitation. and cmployee
assistance programs, and the penalties that may be imposed upon employees for dmg abuse
violations.
(3), Give each employee engaged in providing the commodities or contructual scrvices thut arc
undcr bid a copy of the statemcnt specified in subsection (l): .,
(4) In the statement specified in subsection (I), notify the employees that, as a condition of working
on the commodities or contractual services that arc under bid, the employee will abide by the tenns
of the statement and' will notify the, employcr of any conviction of, or plea of guilty or nolo
contendcre tOI any violation of chapter 893. or of any controlled substancc law, of the Unitcd Statcs,
or of any state. for a violation occurring in the workplace no latcr than five (5) days aftcr sllch
conviction.
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(5) Impose a sanction on, or requirc the satisfactory participation in a drug abuse assistancc or
rchabilitation program irsuch is available in thc cmployec's community, by any employee who is so
convicted;
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(6) Makc u good f~ith cffort to continue to maintain a drug-free workplacc through impleil1cntation
of this section.
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. I ccrtify that this Iiml docs/docs not (select only onc) Itllly comply with the abovc requircments.
18. A \V ARD OF CONTRACT
18.1 Discrcpancies betwecn words and figurcs will bc resolved ill favor of words. Discrepancics in
the multiplication of 'units of work und unit prices wilt be resolvcd in Hlvor of the unit prices.
Discrepancies betwccll the indicatcd sum of ~my column of ligurcs and the correct sum thereof will
be resolved in favor of the correct sum.
18.2 In evaluating the Bids. the City will consider the quali lications of the Bidders, whethcr or not
the Bids comply with the prcscribed requircments, unit prices, and other data as may be requcsted
in the Bid/Proposal form. The City may consider the qualifications alld expcricnce of
Subcontractors, suppliers and othcr persons und organizations proposed by thc Contractor for the
'Work. The City may conduct such investigations as the City dcems neccssary to assist in the
cvaluation of any Bid ami to establish the responsibility, qualifications and financial ability of
Bidders. proposed Subcolllrnctors, Suppli~rs and other persons. and organizations to perf0n11 and
furnish the Work in acc'ordancc with the Contract Documcnts to the City's satisfaction within thc
prcscribed time.
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Sect ion It
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Grandvicw Terrace Trame Culming and Slnrrnwalcr Improvemenls (99-()02J-EN)
SECTION II - INSTRUCTIONS TO BIDDERS CONTINUED:
18.3' If the Contract is to be awarded, it will be awarded to the lowest responsible. C
responsive Bidder whose evaluation by the City indicates to the City that the award \vill be ,
. in the best interest oCthe City.
,18.4 Award of contract will be made for that combination of base hid and alternate, bid
items in the best interest of the City, however, unless othcr-vise specified all work awarded
will be awarded to only o'nc Contractor.
19,
BID PROTEST
19.1 'RIGHT TO PROTEST: Any actual bidder who is aggrieved in connection with the
solicitation or award of a contract may seek resolution of his/her complaints initially \vith
, .
the Purchasing Manager, and if not satisfied, with the City Manager, in accordance with
protest procedures set 'forth in this section.
19.2 PROTEST PROCEDURE:
A.
A protest with respect to the specifications of an inv'i\ation for bid or request for
proposal shall be submitted in writing a minimum of five (5) work days prior to the
opening of the bid or due date of the request for proposal. Opening'dates for bids or
due dates' for requests for proposal' will be printed on the, bid/request document
itself.
B;
Protests in respect to award of contract shall be submitted in writing a maximum of
five (5) work days after notice of intent to award is posted, or is mailed to each
bidder, which ever is earlier. Notice of int.ent to a\'iard will be forwarded to bidders
upon telephonic or written request. Protests of recommended award should cite
specific portions of the City of Clearwater Code of Ordinances that have allegedly
been violated. '
c.
Exceptions to 'the five (5) day requirements noted in both A and B above may be
granted if the aggrieved person could havc not bcen reasonably expected to hilVe
knowledge ofthc facts giving rise to such protest prior to the bid 9pcning, posting of
intent to award. or due date for requests for proposals. Request for exceptions
should be made in writing. stating reasons for thc'cxccplion.
D.
The Purchasing Manager shall respond to the formal written protest within five
. business days of receipt. The' Purchasing Manager's response will be Itllly
coordinated with the appropriate' Dcpartment. Director tlIH.I the Assistant City
Manager.
E.
If the prolestor is not satisfied with the response from the Purchasing Manager,
he/she l1luy thcn submit in writing within live busincss' duys of receipl of tlml
response his/her reason' for dissatisfaction, along with copics of his/her original
fomlul protest lettcr and the response from the Purchasing MUlIagcr, to the City
Manager.
Sect ion II
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Grandview Terrace Traffic Calming and Stormwnlcr Improvements (99-002J-EN)
SECTION II - INSTRUCTIONS TO BIDDERS CONTINUED:
'F. The City Manager as Purchasing Agent for the City has the final authority in the
matter,ofprotcsts. The City Manager will rcspond to the protcstor within ten work
. days of receipt ofthe appeal.' .
19,3
STAY OF' PROCURErVlENT DURING PROTEST: In the c\'ent of a timely
protestt the Purchasing Manager shall not proceed with the solicitation or award of' .
contract until all administrative rcmedies have been exhausted or until the city
Manager makes' written detenninatiorithat' the award of contract without delay is
necessary to protect the best interest of the City. ' "
20,' TRENCH SAFETY ACT
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. Sect i,on II
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20,1 The Bidder shall comply with the provisions of the Flonda Trench Safety' Act
(Sections 553.60-553.64, Florida Statutes) and the provisions of the .Occupational
Safety and Health Administration's (OSHA) excavation safety standards, 29 C.F.R.s '
1926.650 Subparagraph P t or current rcvisions of these laws. .
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Grandvicw Tcrrace Traffic Calming and Stonnwater Improvemenls (99-0023-EN)
SECTION III
GENERA I, CONIlITIONS
1. DEFINITIONS:
Addenda Written or graphic instruments issued prior to the opening of Bids which clarify,
correct or chan~e thcBidding Requiremcnts or the contract documents.
Agreemellt The writtcn 'Contract between OWNER and 'CONTRACTOR covering the Work
to be perfoml~d; oth~r Contract Documents are attached to the Agreement and made a part
thereof as provided therein.
Applicati011 for Paymellt The foml accepted by ENGINEER which is to be used by
CONTRACTOR in requesting progress or final paYments and which is to be accompanied by
such supporting'documentation as is required by the Contract Documents.
Approve The word approve is defined to mean satisfhctory review of the material, equipment
or methods for general compliance with the design concepts and with the information given
in the Contract Documents. rt docs not imply a responsibility on the part of the Engine~r to
verify in every detail confonnance with the Drawings and Specifications.
Bid The offer or proposal of the bidder submitted on the prescribed fonn setting forth the
prices for the \vork to be perfomled.
BiddillC Documellts The advertisement or invitation to Bid, instructions to bidders, the Bid
fo~, and the proposed Contact Documents (including all Addenda issued prior to receipt of
Bids). I, ,
Bonds Perfonnance and payment bonds an'd other instruments of security.
Change Order A written order to Contractor signed by Owner and Contractor authorizing an
.' addition~ deletion or rcvision in the Work, or an adjustment in the Contract Price or the
Contract Time issued on or after the effective date of the Agrecment.
, City The City of CleUlwater, Florida.
Contract Docume"ts The Agreeme'nt, Addenda (which pertain to the Contract Documents),
Contractor's Bid (including documClllation accompanying thc, bid and any post-Bid
documentation submitted prior to the execution of the Agrecment) \....hcl1 attached as un
exhibit to the Agrcemcnt,the Bonds, Instructions to Bidders, these General Conditions, any
~upplementary Conditions, the Specifications and the Drawings, any other cxhibits identified
in' the' Agrcement, together with. all Modifications issued aftcr lhe execution ,of thc
Agreemcnt.
Section III
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Grandview Tcr,race Traffic Calming and Storl11Waler Improvements (99~0023-EN)
1. DEFINITIONS CONTINUED:
Colltract Price The Contract price constitutes the total compensation (subject to authorized
adjustments) payable by Owner to Contractor for perfonning the Work.
COlllract Time The number of days or the datc stal.ed in thc Agreement for the completion or
the Work.
COil tractor The Pcrson with whom the Owner has entered into the Agreement.
Da)' A calendar day of twenty-four hours measured from midnight to the next midnight.
Defectil'e An adjective which when modifying the word Work refers to \Vork that is
unsatisfactory, faulty or deficient, or does not conform to the Contract Documents or docs not
meet the requirements of any inspection I reference standard, test or approval rcfcrred to in the
Contract Documents, or has been damaged prior to Engineers recommcndation of final
payment.
Drawings The drawings, which wiII be identified in Technical Specifications or the
Agreement, which show the charactcr and scope of the Work to be perfomlcd and which
have been prepared or approved by Engineer' and arc referred to in the contract documents.
,Shop drawings are not Drawings as so defined.
Engitleer The duly appointed representative of the City Manager of the City of Clearwater.
For the purposes ofthis contract, the City Engineer or his duly appointed representative.
Ellgilleer's COllsultant A Person having a contract with Engineer to fumish services as
Engineer's independent professional associate or consultant with respecl to the Project and
who is identified as such in lhe Supplementary Conditions.
Furllis/t The words "furnish", tlfurnish and install'\ "instal)!" and tlprovidc" or words of
similar meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish
'and install complete in placc'and ready for service".
" ,
. Inspection The tcrm "inspectiontl and the act of inspecting, means examination or
construction to ensure thal it confonns to the design concept expressed in the Drawings and
Specifications. These terms shall not be construed to mean supervision, superintending or
overseclng.
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Laws alld Regulat;olls Any and all applicable laws~ niles, regulations, ordinances, codes and,
orders of any kind' o~ governmental bodies, agencies, authorities and courts having
jurisdiction.
. Liens Liens, charges, security interests or encumbrances upon rcal property or personal
property.
Section I II
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Grnndvicw Tcrrnc,e Traffic Calming and Stomnvntcr Improvcments (99M0023-EN)
1. DEFINITIONS CONTINlJED:
il1ilestone A principal event spccified in the contract Documents relating to an intCn11Cdiate
,'completion datc or time prior to thc final completion date.
Notice to Proceed A written notice given by the Owner to the Contractor fixing the datc on
which the Contract Time will commcnce to run and on which Contractor shall start to
perfonn his obligations under the Contract Documents.
Owner The City of ~leanvater, Florida
Persoll A natural person or a corporation, partnership, timl, organization, or other arti ficil;11
entity. .
Project The total' construction of which the Work to be provided undcr the Contract
Documents may be the whole or a part as' indicated elsewherc in thc Contract Documcnts.
Partial Utilization Use by Owner of a substantially completed part of the Work for the
purpose for which is intended (or a relatcd purpose) prior to Final Completion of all the
Work. '
, Shop Drawing All drawings, diagrams, illustrations, schedules and other data which are
specifically prepared by or for Contractor to illustrate somc portion of thc Work and all
, illustrations, brochures, standard schedulcs, pCrf0n11anCe charts, instructions, diagrams and
other information prepared by a supplier and submi~ted by Contractor lo illustrate material or
equipment for some portion of the Work.
Specificatiolls Those 'portions of thp. Contract Documcnts consisting of written technical
descriptions of materials, equipment, construction systcms, standards and workmanship as
applied to the Work and certain administrative details applicable thereto. '
Subcomrac1or A person having a direcl contract with Contractor or with any other
Subcontractor for the perfomlance ofa part oCthe Work at the site.
Subs1amial Completion The Work (or a specificd part thereof) which has progrcssed to the
point where, in the opinion of Engineer, as evidenced by Engineer's definitivc ccrtificate oC
Substantial Completion, it is sufficiently complete, in accordance with the Contract
documents I so that the Work (or specified part) can be utilizcd for the purposes for which it is
intended; or if no such certificate is issucd, whcn the Work is' complete and ready for final
payment as evidenced by the Engineer's recommendation of final payment. The tenns
lIsubstantially complete" and "substantially completed" as applied to ul1 or part of the Work
refer to Substantial Completion thercof.
Supplementary Conditiolls The part of the Contract which amends or supplements thcse
General Conditions.
se'ct ion II i
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Grandvicw Terracc Tramc Calming and Stonll\\'atcr ImprO\;cnlcnts (99-0023-EN)
1. DEFINITIONS CONTINUED:
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Supplier A manufncturerl l:'1bricator, supplier, distributor, mutclialman or vendor having a
direct contract with Contractor or with any Subcontractor to fumish materials or equipment to
be incorporated in thc Work by the Contractor. '
Surety Any person, fiml or corporation' which is bound with Contractor and which engages
to be responsible for Contractor and his acceptable perfomlance of the Work by a Bid,
Performance or Payment Bond.
<>~.
Ulldergroulld Facilities All pipelines, conduits, ducts, cables, wires man,holes, vaults, tanks,
, tunnels or other such Cacilities or attachmcnts, and any encasements containing such facilities
which ha~e been installed undeq,.Tfound to furnish any of the following services or materials:
electricity, gases, steam, liquid petroleum products, telephone or other communications, cable
television, sewage and drainage removal or, treatment, traffic or other control systems or
\vater.
V"it Price 'York Work to be paid for on the basis of unit prices.
l.
"'ork The entire completed construction or the various separatc1y identifiable parts thereof
required to be furnished' under the Contract Documents. Work includes and is the result of
pcrfonning or furnishing labor and incorporating materials and equipment into the
construction, and perfonning or furnishing services and furnishing documents, all as required
, by the Contract Documents.
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'York Clta;,ge Directb'e A written directive to Contractor, issued on or after the Effective
Date of the Agreement and signed by the Engineer, ordering an addition, deletIon, or revision
in the Work, or responding to differing or unforcseen physical conditions under which the
, Work is to be perforn1ed or emergencies. Work Change Directive will not changc the
Contract' Price or Contract Timc, but is evidence that the parties expect that the change
directed or documented by a Work Change Directive will be incorporated in a subsequently
issued Change Order following negotiations by the parties as to its effect, if anYI on the
Contract Price or Contract Times.
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2,
PRELIMINARY MATTERS
2,1 DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE When
Contractor delivers the executed Agreements to Owner, Contractor shalt also deliver to
Owner such Bonds and Certificates of Insurance as Contractor may he required to furnish by
this contract.
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2.2 COPIES OF DOCUMENTS Engineer' shall furnish to Contmctor, fOllr copics of
Contract Documents for execution. Additional copics wiII be furnished, lIpon request, at the
cost of reproduction.
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Section III
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Gmlldvicw Terrace Tmftic C(llming und Storn1\\'ater Improvemcnts (99-0023-EN)
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PRELIMINARY MATTERS continued:
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2,3 COMMENCEMENT OF CONTRACT TIME/NOTICE TO PROCEED;
STARTING THE PROJECT The Contract Timc will commcnce on the day indicated in
, thc Notic'e to Proceed. Contractor shall start to pcrfoml thc work on thc datc the Contract
Time commenccs to nin. No work shall be donc at the site prior to the date which the
Contact Time commences to nlll.
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2,4, BEFORE STARTING CONSTRUCTION Before undertaking cacl~ part of the Work,
Contractor shall carefully study a~ld compare the Contract Documcnts and check and veri fy
pertincnt figures' shown thereon and all applicable ficld measurements. Contractor shall
promptly report in writing to Engineer any' connict, error or discrepancy which Contractor
may discover; and shall obtaiI'! a written interprctation or clarification from Engincer before
proceeding with any work effected thcreby; however, Contractor shall not be liable to Owncr
for failure to report any connict, error or discrepancy in the Drawings or Speci !ications,
unless Contractor had actual knowledge thereof or should reasonably have known thereof.
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No verbal abJfeement or conversation \vith any officer, agent or employee of Owner or
Engineer, either before or after the execution of this Contract, shall affect or modify any of
the tenns or obligations herein contained. Contractor shall not commence any work at any
time without approved insurance required by these General Conditions. Failure to obtain this
insurance will be the sole responsibility of the Contractor.
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2,5 PRECONSTRUCTION CONFERENCE Within twenty days of Award of Contract
and before the start of the Work, the Enginecr may schedule a confercnce to be attended by
Contractor, Engineer and others as appropriate to establish a wor~ing understanding among
the parties as to the Work and to discuss the schcdule of thc Work and general Contract
proccdurcs.
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CONTRACT DOCUMENTS, INTENT
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3,1 INTENT The Contract Documents comprise the cntire Agrecment between the
Owner and the Contractor conceming the \Vork. They may be altered only by written
agreement. The Contract Documents are complementary; What is called for by one is .1S
binding as if called for by all. It is thc intent of the Contract Documcnts to describe a
functionally complete project (or part thcreof) to be constructed in accordance with the
Contract Oocuments. Any Work, materials or equipmcnt which may reasonably be
inferred from the Contract Documents or from prevailing custom or from trade usage as
being required to produce the intended result will be furnished and perfonned, whethcr or
not specifically called for. When words or phrases which have a well-known technical or
constnlction industry or trade meaning arc used to describe Work, materials or equipmcnt,
such words or phrases shall be interpreted in accordance with that meaning. Clari !ications
and intcrpreiations of the Contract Documents shall be issued by the Engineer. Rcfere'nce
to standards, specifications, manuals or codes of any technical society, organization or
association, or to the code, Laws or Regulation of any govenullclltal authority, whethcr
such reference be specific or by implication. shall mean .
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Section III
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, Gramlview Tcrrace Trame Calming and StonnWBlcr Improvements (99.0023-EN)
J, ,CONTRACT DOCUl\IENTS, INTENT continued:
the latest standard spccification, manual 01' code~ or Lu'ws 01' Regulations in cffect at the
time of opening of Bids except as may bc othcrwisc specifically stated in the Contract
Documents:' Howcverl no provision of any referenced standard specification. manual or
code (whether or not specially incorporated by reference in the responsibilities of Owncr
or Contractor as set forth in the Contract Documcnts) shall change the duties and
responsibilitics of Owner~ Contractor, or Enginccr~ or any of their agents or employees
from thosc set forth in the Contract Documents. Clarifications and interpretations of the
Contract shall be issued by Enginecr.Each and every provision of law and clause required
by law to be inserted in these Contract documents shall be dcemed to be inscrted herein, and
they shull be read and enforced as through it were included herein, and if through mistake or
otherwise, any such provision ,is not inserted, or if not, correctly inserted, then upon the
application of either party, the Contract Documents shall forthwith be physically amcnded to
make such insertion. '
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The various Contract Documents shall be given precedence, in case of conflict, clTor or
discrcpancy~ as lollows in ascending, or descending order: Modifications~ Contract
Agreement~ Addenda, Supplemcntary Conditions, General Conditions, Drawings, Technical
Spccifications. In a series of Modifications or Addenda the latest will govern.
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3.2 REPORTING AND RESOLVING DISCREPANCIES If, during the perfom1ancc of
the Work, Contractor discovcrs any conflict, error, ambiguity or discrepancy within the
Contract Documents or bctwcen the Contract Documents and any provision of any such Law
or Regulation applicable to the perfornmncc of the Work, or of any such standard,
specification, manual or code or of any instruction of any Supplier, Contractor shall report it
to thc' Engineer in writing at once, and Contractor shall not proceed with the Work affected
thereby (except in an emergency) until an amendment or supplement to Contract Documents
has been issued by one of the methods provided in these General Specifications. provided
however, that Contractor shall not be liable to Owner or Engineer for failure to report any
such conflict, ClTor, ambiguity or discrepancy llnless Contractor knew or reasonably should
have known thereof.
4, AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
. REFERENCE POINTS
4,1 AVAILABILITY OF LANDS Owncr shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be Perfonned, rights-of-way, casements for
access thercto, and such other lands which arc designated for the use of contractor. Owner
shall identify any encumbrances or restrictions not of general application but specifically
relatcd to lIse of lands so furnished with which contractor will have to comply in perfonning
the ,Work. Easements for pem1anent structures 'or pcnnanent changes in existing facilities
witt bc' obtained and paid for by Owner, unlcss otherwise provided in the Contract
Documents.
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Section III
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Grundvicw Tcrmcc Traffic Calming and Slonnwater Improvements (99-0023-EN)
AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONIlITIONS;
REFERENCE POINTS continued:
4,2 INVESTIGATIONS AND REPORTS Reference is made to the Supplcmentary
Conditions and Technical Specifications for identification of those reports of investigations
and tests of subsurface and latent physical conditions at the site or otherwisc affecting cost~
, progress or perfomlance of the Work which have been rclied upon by Engineer in
preparation of the, Drawings and Specifications, Such reports arc not guaranteed as to
accuracy or completene'ss and arc 'not part of the Contract Documcnts. Contractor shall
promptly notify Engineer in \vriting of any subsurface or latcnt physical conditions at thc
site~ or in an existing structure~ difTcring matcrially from those indicated or rcferred to in the
'Contract Documents. Engineer will prOlllptly review those conditions and advise if further
investigation or 'tests are necessary. Owner or Engincer shaH obtain the necessary additional
investigations and tests and fumish copics to the Engineer and Contractor. If Engincer finds
that the results of such investigations or tests indicatc that there are subsurface or latent
physical conditions which di ffer materially from those indicated in the contract Documents,
and which could not rcrlsonably have been anticipated by c.ontractor~ a work change or
'Change Order will he issued incorporating the necessary revisions.
4,3 PHYSICAL CONDITIONS, UNDERGROUND FACILITIES The infOrmation
and data shown or indicated in the Contract Documents 'with respect to existing
Underb1J'Ound Fucilities at or contiguous to the site is based on infornlution and data
furnished to Owner or Engineer by the owners of stich Underground'Facilities or by others.
Unless otherwisc expressly provided in the Contract Documcnts, Owner and Engineer shall
not he responsible for the accuracy or completencss 0 f any such infomlution 01' data; and the
cost of all the following will be included in the Contract Price and contractor shall have full
rcsponsibility for: (i) reviewing and checking all such infonnation and data, (ii) localing all
Underground Facilities shown or indicated in the Contract Documents~ (iii) coordination of
the Work with the owncrs of such Underground Facilities during construction, and (iv) the
safety and protection of all such Underground Facilities and rcpairing any damage thereto
resulting from the Work, The Contractor is required to call the LOCAL PUBLIC
UTILITY NOTIFICATION CENTER prior to any excavation per State regulations and
to notify any utility owners who are not a member of the LOCAL PUBLIC UTILITY
NOTIFICATION CENTER prior to any excavation. The LOCAL PUBLIC UTILITY
NOTIFICATION CENTER is an agency for the protection and location of utilities prior
to any excavation and contact number is available in local telephone directory.
Section III
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Granuview Tcrrace Traflic Calming ilnd SlormwHtcr Improvcmrnts (1)l)..0023~EN)
4.4 REFERENCE POINTS Engineer shall providc engineering surveys to establish
reference points for constnlction which in Engineer's juugcment arc necessary to enable
Contractor to proceet! with the Work. Contractor shall be responsible for laying Ollt the
Work, shall protect anu preserve the establishcd reference points and shall make no changes
orrclocations without ,the prior written approval of Owner. Contractor shall report to
Engineer whenever any reference point is losl or dcstroyed or requires relocation because of
necessary changes in grades or locations. and shall be responsible for the accurate
rcplacem~nt or relocation of such refcrence points by professionally qualified personnel.
The Contractor is referred to the Technical Specifications for more specific info01mtion
regarding the provision of construction surveys. Excessive stake replacement causcd by
negligence of Contractor's forces. an~r initial line and grade have been set, as detenninett'by
, the Engineer, will be chargedto the Contractor at the rate 01'$75.00 per hour. Time shall be
computed for actual time on the project. AI1 time shall be computed in one hour increments
with a rriinimum charge of one hour. '
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5.
BONDS AND INSURANCE
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5,1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND Contractor shall
, furnish a Perfonnance Bond and Payment Bond, each in an amount at least. equal to the
Contract Price as, security for the faithful perfonmmce and payment of. all Contractorts
obligations under the Contract Documents. Thcsc.Bonds shall remain in effect at least one'
year after the date when final payment becomes duc, unless n longcr period of time is
prcscribed by laws ancI regulations or by the Contract Documents. ContraCtor shall also
furnish .such other Bonds as arc required by the Supplementary Conditions. All Bonds shall
be in the foml prescribed by the Contract Documents and shall be executed by such sureties
as are named, in the current list of "Companies Holding Certificates of Authority as
Acceptable Sureties 011 Fcderal Bonds and as Acceptable Reinsuring Companiestl as
published in Circular 570 (amended) by the Audit Stan~ Bureau of Government Financial
Operations, U.S. Treasury Department. All bonds signed by an agent must be accompanied
by a certified copy of such agents authority to act. AI1 bonds shall be deemed to contain all
of the Conditions of Section 255.05, Florida Statutes, evcn if such language is not directly
contained within the bond and the Surety shall be licensed and qualified to do business in
tbe State of Florida. The Owner reserves the right to reject any surety. If the Surety on any
Bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to
do business is tenninated in any state wherc any part ofthe Project is located or it ceases to
, meet the requirements or these Contract Documents, the Contractorshal1 within five days
after notice thereof substitute another Bond and surety, both of which must be acceptable to
the Owner.
Sect ion I II
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Gmndvicw Terrace Trame Calming and Slor11lwatcr Improvcments (',)l)-0023-EN)
5, INSURANCE continued:
5.2 INSURANCE Contractor shall purchase and maintain such liability und other insuJ'ance
as is appropriate for the Work,bcing perfonlled and furnished and as will provide protection
from claims set forth below which may arise Ollt of or resull from Contractor's pcrfomltlllCC
. and furnishing of the Work and Contractor's other obligations under the Contract Documents,
whether it is to be perfomlcd or furnished by Contractor. and Subcontractor or Supplier. or by
anyone directly or indirectly cmployed by any of them to pcrfonll or fumish any oCthe Work,
or by anyone for whose acts any of thcm may be liable for the following: (i) Claims undcr
worker's compcnsation, disability benefits and other similar employee benefit acts; (ii)
Claims for, damages because of bodily injury, .occupational sickness or disease. or death of
Contractor's employees; (Hi) Claims for damages because of bodily injury, sickness or
disease, or death of any person othcr than Contractor's employces; (iv) Claims for damagcs
insured by customary pcrsonal injury liability coverage which are sustained by any person as
a result of an offense directly or indirectly related to the employment of such person by
Contractor, or by any other person for any other reason; (v) Claims for damages, other than to
the Work itself, because of' injury to or destruction of tangible property wherever located,
including loss of use resulting lherefrom; and (vi) Claims for damages b~cilUse of bodily
injury or death of any person or property damage arising out of the ownership, maintenance
or use of any motor vehicle. The Contractor shall deliver to Owner, with copies to each
additional insured identified in the Supplementary Conditions, certificates of insul'aHce (and
other evidence of insurance requested by Owner or any other additional insured) which
Co'ntractor is required to purchase and maintain in accordance with this paragraph. The
policies of insurance so required by this paragraph to be purchased and maintained shall: (i)
include as additional insured (subject to any customary exclusion in respect of professional
liability) City of Clearwater and any other persons or entities identified in the Supplementary
Conditions, all of whom shall be listed as additional insured, and include coverage lor the
respective officers and employees of all such additional insures; (ii) include completed
operation~ insurance; (iii) include contractual liability insurance covering Contractor's
indemnity obligations in Article for Contractor's Responsibilities; (iv) contain a provision or
endorsement that the coverage afforded will not be canceled, materially changed or renewal
,refused until at least thirty days prior written notice has bcen given to the Owner, and
Contractor and to each other additional insured identified in the Supplemental Conditions to
whom a cel1ificate of in sura nee has been issued (and the certificates of insurance fumished by
the Contractor as described in this paragraph); (v) remain in effect at lcast until final
payment and at all times thereafier when Contractor may be correcting, removing or replllcing
defective Work in accordance with Article for Correction of Defective Work; vi) with respect
to completed opcmtions insurancc, llnrl any insurance coverage wriucn on a claims-made
basis, shall remain in effect for at Jellst two years anel' final paymcnt. Contractor shall furnish
Owner and each other ndditional insured identified in thcSupplementary Conditio'ns to whom
a certificate of insurance has been issued evidence satisfactory to Owncr und uny such
additional insurcd, of continuution of such insurance at final payment and onc year thereancr
and (vii) Name and telephone' number of the authorized insurance agent for lhe Insurer.
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The limits of liability lor the insurance required shull provide covemgc for not less than the
following amounts or greater whcre required by laws and regulations:
Sl!ction III
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Grandview Terrace Traffic Calming and Stormwatcr Improvements (99.0023~EN)
\VORKER'S COMPENSATION INSURANCE
Contract Award
Amount Under.
. , S I ,000,000.
Contract Award
Amount Sl ,000,000.
and Over
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(1) Workers' Compensation
(2) Employer's Liability ,
Statutory
$500,000. .
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PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE
Statutory
S I ,000,000.
Comprehensive, General Liability including Premise/Operations; Explosion, Collapse and t~
Underground ,Properly Damage; Products/Completed Operations, Broad Form Contractual,
Independent Contrac~ors; Broad FOlm Property Damage; and Personal Injury liabilities:
(1). Bodily Injury:
Contract A ward
Amount Under
$1,000,000.,
, " $500,000. '
Each Occurrence,
SI,OOO,OOO.
Annual Aggregate
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(2) Properly, Damage:
$,500,000. "
Each' Occurrcncc
, $1,000.000. .
Annual Aggregate
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exclusion deleted.
$1,000,000 ,
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S 1,000,000.
Annual Aggregate
Comprehensive Automobile Liability including all
and' ~thers), hired and non-owned vehicles:
Contract Award
Amount Under
SI,OOO,OOO.
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Amount S 1.000,000.
and Over
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$1.000,000.
Each Occurrence
$1,000.000.
Annual Aggregate
$1,000,000.
Each Occurrence
$1,000,000. ,
Annual Aggregate,
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Annual Aggregate
owned ' (private
Contract Award'
Amount $ 1,000,000.
and Over
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(1) Bodily Injury
$500,000.
Each Person
5500,000.
Each Accident
(2) Properly Damage
S500,~00.
Enc h' OCCll rrencc
Section III
10
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$1,000,000.
Each Person
$1,000,000.
Each Accident
S 1 ,000,000.
Each Occurrence
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Grandview Terrace Traffic Culming and St0I111water Improvcmcnts (lJ9.0023.EN)
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Receipt and acceptance by the Owner of the Contractor's CCt1iJicatc of Insuruncc, or other similur
doc'ument does not constitute acceptance or upproval of amounts or types of coverages which may
be less than required by these Contract Documents. Owner shall not bc responsible for purchasing
and maintaining any property insurance to protect thc interests of Contractor, Subcontractors or
others in the Work. The Owner may at its option require a copy of thc Contractor's Jnsuruncc
Policy(s). , All, insurance policies required within this Contract Document shall provide full
. coverage from the first dollar of exposure unless otherwise stipulated. No dcductibles will be
accepted without prior approval from the Owner.
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I.ongshore and Harbor \Vorker's Compensation Act: Section 32 of the Act, 33 U.S.C. 932,
requires an employer, with employees in maritime employment, to secure the payment ofbcnefits
under the Act either by insuring with an insurance ,carrier authorizcd by the U.S. Departmcnt of
Labor, or to be authorized by the U.S. Department of Labor as a self-insurer. .
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For General f:ontrat!tors: Section 4(a) of the Act provides that evcry employer shull be liable
for and shall secure the payment to his employees 0 f the compensation payable under Sections 7,
8, and 9 of the Act. In the ease of an employer who is a subcontractor, only if such subcontructor
fails to secure the paymcnt of compcnsation shall the contractor be liable for and be rcquired to
secure the payment of compensation.
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5, 3 WAIVER OF. RIGHTS Owner and Contractor intend th~ll all policies purchased in
accordance with Article on Insurance will protect Owner, Contractor, Subcontractors, Engineer,
Enginee.rls Consultants and alt other persons or entities identified in the Supplemcntary Conditions
to be listed as insured or additional insured in such policies and will ,provide primary covemge for
all losses and damages caused by the perils covered thereby. All such policies shall contain
" provisiOl~s to the effect that in the event of payment of any loss or damage the insurers wi II have 110
rights of, recovelY against any of the insured or additional insured thereunder, Owner ~\Ild
Contractor waive all rights against each other and their respective officers, directors, employees and
agents for all losses and damages caused by, arising out of or resulting from any of the perils
covered by such policies and any other property insurance applicablc to the work: and, in addition,
waive atl such rights against Sub-contractors, Engineer, Engineer's Consultants and all other
persons or entities identified in the Supplemcntary Conditions to be listed as insured or additional
insured under such policies for losses and damages so caused. None of the above waivers shall
extend to the rights that any party making such waiver may have to the proceeds of insurance
otherwise payable under any policy so issued. In addition, Owner waives all rights against
Contractor, Subcontractors, Engineer, Engineer's Consultant and the officers, directors, employees
and agents of any of them for: (i) loss due to business interruption, loss of lISC or other
consequential Joss extending beyond direct physical loss or damage to Owner's property or the
Work caused by, arising out of or resulting from fire or other peril, whether or not insured by
Owner and; (2) loss or damage to the completed Project or part thereof caused by, arising out of or
resulting- from fire or other insured peril covered by any property insurance maintained on the
completed Project or part thercofby Owner during partialutitization, aftcr substantial completion or
aftcr final payment. '
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Grandvicw Terrace Tramc Calming and Stonllwutcr Improvements (99-0023-EN)
6. CONTRACTORS RESPO.NSIBILITIES
6,1 SUPERVISION AND SUPERINTENDENCE Contmctor shall superviscl inspect,
and direct the Work competently and enicicntly, devoting slIch attention therelo and applying
such skills and expertise as may be necessary to perfoml the Work in accordance with the
Contract Documents. Contractor shall' be solely responsible for the means, methods.
, techniques. sequences and procedures of construction, but Contractor shall not be responsible'
for the negligcnce of others in the design o~ specification of a specific means, method,
technique, sequcncc or, procedurc of construction which is shown or indicated in and
expressly required by the Contract Documcnts.
Contractor shall he responsible to see that the completed work complies accuratcly with the
Contract Documents. Contractor shall keep on the work at all times during its progress a
competent residen.t superintendent, who shall not be replaccd without notice to Owner and
Engineer except under extraordinary circumstances. The superintendent will be Contractor1s
representative at the site and shall have authority to act on behalf of Contractor. All
communications to the superintendent shall be as binding as if given to Contractor.
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Contractor shall employ only competent persons to do the work and whenever Engineer shaH
notifY Contractor) in writing, that any person on the work appears to be incompetent.
unfaithful) disorderly, or otherwise unsatisfactory, such' person shall be removed from the
project and shall not again be employed.on it except with the wriUen consent of Engineer.
Contractor shall reimburse the Owner for additional engineering and inspection costs
. incurred as a result of overtime work in, excess of the regular working hours or on the
Owner's nomlally approved holidays. At Owner's option, overtime costs may either be
deducted from the Contractorts monthly payment request or deducted from the Contractor's
retention prior ,to release of final payment or the Engincer may elect to receive a monthly
check from the Contractor in the amount of the overtime costs; Minimum number of
chargcable hours for inspection costs on weekends or holidays shall be four hours. The cost
of overtime inspection per hour shall be $40.00 per hour.
, Contract'or shall provide and maintain in a neat and sanitary condition, sllch sanitary
accommodations for the use of Contractor's cmployees as may be nccessary to comply with
the requirements of Laws and Regulations and the Engineer.
6,2 LABOR, MATERIALS AND EQUIPMENT COl1lrnctor shall provide competcnt.
suitably qualified personnel to' survey, layout nnd constnlct the work as required by the
Contract Documents. Contractor shall at all times maintain good discipline and order at the
site. Except as otherwise required for the safely or protection of persons or the work or
property at thc site or adjacent thercto, and except as othenvisc indicated in the Contruct
Documents, all work at the site shall be perfomlcd during regular working hours and
Contractor wilt not permit overtime work or the perfonnance of work on Saturday, Sunday,'
or any legal holiday without Owner's conscnt given (lllcr prior nOlice to Engincer.
Section III
12
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Gl'undview Terrace Traffic Calming t1l1d Ston11\vatcr Improvements (99-0023-EN)
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6.2 LABOR, MATERIALS AND EQUIPMENT continued:
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Unless otherwise specified in the General Requirements, Contractor shall furnish and assume
full responsibility for all materials, equipment, labor, transportation, constmction equipment
and machinery, tools, appliances, fucl, power, light, heat, telephone, water, sanitary f.'lcilities,
temporary facilitics, and all other facilities and incidcntals necessary for the furnishing,
performance, testing, start-up and completion of the Work.
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All materials and equipment installed in the Work shall be of good quality and new, except as
otherwise provided in the Contract Documents., If required by Engineer, .contractors, shall
, furnish satisfactory evidence (including reports ~f required tcsts) as to the quality of materials
and equipment. The Contractor shall provide suitable and secure storage for all materials to
be used in the Work so that their quality shall not be impaired or injured. Materials that arc
, .' improperly stored may bc rejected by the Engineer without testing.
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All materials and equipment shall be applied, installed, connected, erectcd, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturer, fabricatorl
supplier, or distributor, except as otherwise provided in the Contract Documcl1ts~
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6,3 SUBSTITUTES AND "OR EQUAL" ITEMS Whenever an item .of material or
equipment is speci tied or described in the Contract Documents by using the namc of a
proprietary item or the name of a particular Supplier, the specification or description is
intcnded to establish the typc, function and quality required. Unless the specification or
description contains or is, followed by words reading that no like, equivalent or "or equal"
item or no substitution is pennitted, other items of material or equipment or material or
equipment of other Suppliers may be acccpted by Engineer. If in Engincer's sole discretion '
an item of material or equipment proposed by Contractor is functionally equal to that
named and sufficiently similar so that no change in related Work will be required, it may
be considered by Engineer for approval. If in the Engineer's sole discretion an item of
material or ,equipment proposed by Contractor docs not quali fy as an "or equal" item, it
may be considered as a proposed substitute itcm; Contractor shall submit slimdent
infonnation as requircd by the Engineer to allow the Engincer to detemline that the item of
material or equipmcnt proposcd is essentially equivalent to that named and is un
acceptable substitute therefor. Request for review of proposed substitute and tlor equal" ,
, will be not be accepted by Engineer frolll anyone other th~n Contractor.
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Request for substitute and "or equal" items by Contractor must be submitted in writing to
Engineer and will contain all information as Engineer deems neccssary to make a
detemlination. All data provided by Contractor in support of any proposed substitute or
"or equal" item will be at Contractorts expense. Engineer will bc allowed a reasonable
time to evaluate each proposal or submittal made pCI' this paragraph. Engineer will be sole'
judge of acceptability.
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Section III
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Grandview Terrace Traffic Cull1ling und Stormwater Improvements (99~0023-EN)
6.4 RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND OTHERS -
Contractor shall hc fully responsible to Owner und Engineer for all acts and omissions of the
Subcontractors, Suppliers and othcr persons perfonlling or fumishing any orthe work under a direct
or indirect contract with Contractor just as Contractor is responsible for Contrnctor's own acts and
omissions. Nothing in the Contract Documcnts shall create for the benefit of any such
Subcontractor, Supplier or other person any contractual relationship between Owner or Engineer
and any Subcontractor, Supplier or other person. nor shall it create any obligation on the part of
Owner or Engineer to payor to scc to the paymcnt of any moneys due any such Subcontractor,
Supplier or other pcrson. Contractor shall be solcly responsible for scheduling and coordinating the
work of Subcontractors, Suppliers and other persons perfoming or furnishing any of thc work
under a direct or indirect contract with Contractor. Contractor shall require all Subcontractors,
Suppliers and such other persons perfomling or furnishing any of the work to communicate with
the Engineer through Contractor.
The divisions and sections of the Specifications and the identifications of any Drawings shall not
control Contractor in dividing the work among Subcontractors or Suppliers or delineating the work
to be performed by any specific trade.
All work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which speci ficalJy
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit of Owner and Engineer.
Contractor shall not payor employ any Subcontractor, Supplier or other person or organization
whether initially or as a substitute, against whom Owner or Engineer may have' reasonable
objection. Contractor shall not be required to employ any Subcontractor, Supplier or other person
or organization to furnish or perfoml any of the work against whom Contractor has reasonable
objection.
'Owner or Engineer will not undertake to settle any differences bctween Contractor and his
Subcontractors or bctween Subcontractors.
6 ,5 USE OF, PREMISES - Contractor shall confine construction equipment, the storage of
materials and equipment and the operations of works to the site and land areas identified in and
pemlitted by the Contract Documents on other land areas pennitted by Laws and Regulations. right-
of-way, pemlits and casements, and shall not unreasonably encumber the premises with
construction equipment or other materials or equipment. Contractor shall assume full responsibility
for any damage to any such land or area, 'or to the owner or occupant thereof or of any adjacent hmd
or. areas, resulting from the perfomlUnce of the Work. Should any claim be made by any such
owner or occupant because of the perfonnance of the Work, Contractor shall promptly settle with
such other party by negotiation or otherwise resolve the claim by' arbitration or other dispute
resolution proceed in or at law. Contractor shall, to the fullest extcnt pennitted by Laws ami
Regulations, inden.mify and hold harnlless Owner, Engineer, Engineer's Consultant and their
officials, directors, employees and agcnts from and against all claimsl costs, losses and damages
arising out of or resulting Crom any claim or action, leg~11 or equitable. brought by any sllch owncr
or occupant against Owner, Engineer or any other party indcmni lied hcreunder to the extent caused
by or based upon Contractor's performance oCthe Work.
Section III
14
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Grundvicw Tcrrace Trunic Calming OInd Ston1l\\'ater Improvement's (lJ9.0023-EN)
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6.5 USE OF PREMISES CONTINUED:
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During the progrcss of the Work. Contractor shall keep the prcmises free from accumulations
of waste materials, rubbish and other debris resulting from the Work. At thc completion of
the Work or at intervals established by the Erigineer, Contractor shatt remove att waste
materials, rubbish and debris from and about the premises as well as all tools, appliailces,
construction equipment and machinery and surplus materials. Contractor shall restore to
original condition all property not designated for alteration by the Conlruct Documents.
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6.6 LICENSE AND PATENT FEES, ROYALTIES AND TAXES - Contractor shall
pay all license fees and royalties and assume all costs incident to the use in the perfonnancc
of the work or the incorporation in the Work of any invention, design, process, product or
device which is the subject of patent rights or copyrights hcld by others. If a particular
invention, design', process, product or device is specified 'in the Contract Documents for use
in the perfonnance 0 f the work and if to the actual knowledge of Owner or Engineer its use
is subject to patent rights or copyrights calling fo,' the payment of any license fee or royalty to,
others, the existence of such rights shall be disclosed by Owner in the Contract Documents.
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'To t~e fullest e~tent peimitted by Laws and Regulations, Contractor shall indemni fy and
hold hannless Owner, Engineer, Engineer's Consultants and the officers, directors.
employees, agents and other consultants of each and any of them froth and against all claims,
costs, losses and damages arising out of or resulting from any infringement 0 f patent rights' or
copyrights incident to the use in the performance of the Work or resulting from the
incorPoration in the Work of any invention, design, process, product or device not specified
in the Contract Documentsl and shall defend all such claims in connection with any alleged
infringement' of such rights.
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Contractor shall pay all sales, consumer, use .md other taxes required to be paid by Contractor
in accordance with the Laws and Regulations of thc State of Florida and other governmental
agencies which are applicable during the perfommnce of the work.
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6.7 LAWS AND REGULATIONS - Contractor shall give all notices and comply with all
Laws and Regulations applicable to furnishing and performance of the Work. Exccpt where
otherwise expressly required by applicable Laws and Regulations, neithcr Owner nor
Engineer shall be responsible for monitoring Contractorts compliance with nny Laws or '
'Regulations. If Contractor perfom1s any work knowing or having reason to know that it is
contrary to Laws or Regulations, Contractor shall bear all claims, costs I losses and damages
caused by or arising out of such work: however, it shall not be Contractor's, primary
responsibility to make certain that. the Specifications and Drawings arc in accordance with
Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations to
Owner to report and resolvc discrcpancies as described above.
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Section III
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Grandvicw Terrace Traffic Calming and Stonnwaler Improvcments (lJ9-0023-EN)
6.8 PERMITS - Unless otherwise provided in the Supplemental)' Conditions, Contractor shall
obtain and pay for all constmctiol1 pennits and licenses. Owncr shall assist Contractor, when
, nccessary, in obtaining such permits and licenses. Contractor shall pay all govcnlmcntal charges
and inspection fees necessary for the prosecution of the Work, which arc applicable althe time of
opening of Bids. Contractor shull pay all charges of utility owners for connections to the work, and
Owner shall pay all chargcs of such utility owners for capital costs related thereto such as p1<111t
investmcnt fees.
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Unless othenvise stated in the Contract Documents, City of Clearwater Building Permit nnd
I mpact Fees will be waived.
6.9 SAFETY AND PROTECTION - Contractor, shall be responsible for initiating,
maintaining and supervising all safety precautions and programs in connection with the Work.
Contractor shall take all necessary precautions for the safety of, and shall provide the necessal)'
,protection to prevent damage, injury or loss to: (i) all persons on the work site or who may be
affected by the work, (ii) all the Work and materials and equipment to be incorporated therein,
\vhether in stomge on or off the site;, and (iii) other property at the site or adjacent thereto,
incl~ding trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground
Facilities not designated for removal, relocation or replacement in the course of construction. In
the event of temporary suspension of the work, or during inclement, weather, 01' whenever
, Engineer may direct; Contractor shall, and shaH cause Subcontractors, to protect carefully the
Work and materials against damage or injury from the weather. If, in the opinion of Engineer,
any portion of Work or materials shall have been damaged 01' injured by reason of failure on the
part of the Contractor or any Subcontractors to so protect the Work, such Work and materials
shall be removed and replaced at the expense of Contractor. The Contractor shall initiate and
maintain an accident prevention program which shall include, but shall not be limited to the
establishment and supervision of programs for the education and training of employecs in the
recognitkm, avoidance and prevention of unsafe conditions and acts. Contractor shall provide
first aid services and medical care to his enlployees. The Contractor shaH develop and maintain
an effective fire protection and prevention program and good housekeeping practices at the sile
of contract performance throughout all phases of construction, repair, alteration or demolition.
Contractor shall require appropriate personal protective equipment in all operations where there
is exposure to hazardous conditions. The Engineer may order that the work stop i r a condition of
immediate danger to Ownerts employees, equipment or if property damage cxists. This provision
shall not shin responsibility or risk of loss for injuries,of damagesustaineu from the Contractor
to the Owner, and the Contractor shall remain solely responsible for compliance with all safety
requirements and for the safety of all persons and property at the site of Contract performance.
The Contractor shaH instruct his employees required to handle or llse toxic materials or other
harmful substances regarding their safe handling and use. The Contraclor shall take the
necessary precautions lo protect pedestrians and motorists from harm, and'to prevent disruptions
of such traffic due to construction activity.
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Section I II
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Grandvicw Tcrracc Traffic Calming and Stonllwatcr Improvements (9<J-0023-EN)
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6.9 SAFETY AND ItROTECTION CONTINUED:
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Contraclor shall comply with all applicable Laws and Rcgulations of nny puhlic body having
jurisdiction for safcty of pcrsons or property and to protcct them from danltlge, injury or loss; and
shall erect and maintain all neccssal)' safcguards for sllch safety und pn.ltcction. Contractor shall
notify owners of adjucent property and of Undcrground Fucilities and 'utility owners when
prosecution of the work may affect thcm, and shall coop crate with thcm in the protcction, removal,
relocation and rcplacement of their property. All damage, injury or loss to any property causcd,
directly or indirectly, in whole or part, by Contractor, any Subcontractor, Supplier or any other
person or organization dircctly or indirectly employed by any of them to perfonn or fumish any of
thc work or anyone for whose acts any of thcm may be liable, shall be remedicd by Contractor.
Contractor's duties and responsibilities for safcty and for protection of the Work shall continue until
such time as all thc Work is complcted and Engineer has issued a noticc to Owner and Contractor
that the Work is acceptable. '
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6.10 EMERGENCIES - In emcrgcncies affecting the safety or protection of persons or the Work
or property at the site or adjacent thereto, Contractor, with or without special instruction or
authorization from Owner or Engineer, is obligated to act to prevent damage, injury or loss.
Contractor shall give Engineer prompt written notice if Contractor believes that any significant
changes in the Work or variations from the Contract Documents have been caused thereby. If
Engineer determines that a change in the Contract Documents is required because of the action
taken by Contractor in responsc to such an emcrgency, a Work Change Directivc or Change Order
will be issued to document the consequences of such action.
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6.11 SHOP ORA WINGS AND SAMPLES Contractor shall submit Shop Drawings to
Enginecr lor review and approval as called for in the Technical Specifications or rcquircd by the
Engineer. The data shown on the Shop Drawings will be complete with respcct to quantitics,
dimensions, specified performance and design critcria, materials 'and similm' data to show
Engineer the matcrials and equipment Contractor proposcs to provide and to enable Enginecr to
review the information. Contractor shall also submit Samples to Enginecr for review and
approval. Before submitting each Shop Drawing or Sample, Contractor shall have detennincd
and vcrified: (i) all field measurcmcnts, quantities, dimensions, specified pcrfomlunce critcria,
installation requirements, materials, cutalog numbers and similar infomlUtion with rcspect
thereto, (ii) all materials with rcspect to intended usc, 'fabrication, shipping, handling, storagc,
assembly and installation pcrtaining to the pcrfomlance of the Work, and (iii) all infomlation
relative to Contractor's sole responsibilities in respect to means, methods, techniqucs, sequenccs
and procedures of construction and safcty precautions and programs incident thereto. Contractor
shall also have revicwed and coordinated cach Shop Drawing or Samplc with other Shop
Drawings and Samples with the rcquirements of the Work and the Contract Documcnts. Each
submittal will bcar a stamp or specific written indication that Contractor has satisfied
Contractor's obligations under the Contracl Documcnts with respect to Contractor's revicw and
approval of that submittal. At the time of submission, Contractor shall give Enginccr specific
, written notice of such variations, if any, that the Shop Drawing or Sample submitted may have
from the requircments of thc Contract Documents, such notice to be in a written communication
separate from the submittal; and, in addition, shall causc a specific nOlation to bc madc on each
Shop Drawing and Sample submitted to Enginccr tor review und approval of each such variation.
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Section III
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Grandview Terracc Traffic Calming and Stoflll\valcr Improvcments (99-0023.EN)
6.11 SHOP DRA \VINGS AND SAi\JPLES CONTINUED:
Engineer's rcvicw and approval of Shop Drawings and Samples will be only to delcmlinc if the
itcms covcrcd by the submittals will, afier'installation or incorporation in the Work, contoml to the
infonnation given in the Contract Documcnts and be compatible with the design concept of the
completcd Project as a functioning whole as indicated the Contract Documents. Engineer's re\'iew
and approval will not extcnd to means, methods, techniques, sequences or procedures of
construction' (except whcre a particular means method, technique, scquence or procedurc of
construction is specifically and exprcssly .ca11ed for by the Contract Documents) or to safety
precautions or programs incidcnt thereto. The revie\'~' and approval of a separate item as sllch will
not indicate approval of the assembly in which the itcm functions. Contractor shall make
corrcctions requircd by Engineer, and shall return the required numbcr of correctcd copies of Shop
Drawings and submit as requircd ncw Samples for review and 'approval. Contractor shall direct
specific attention in writing to revisions other than the corrections called for by Enginecr' on ~..
prcvious submittals.
Engincer's review and approval of Shop Drawings or Samples shall not rclievc Contractor from
. responsibility for any variation from the rcquircments of the Contract Documents unless Contractor
has in writing callcd Engineer's attention to each such variation at the time of submission and
Engineer has given written approval of each such variation by specific writtcn notation thercof
incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by
the Engineer relieve the Contractor from responsibility for complying with the rcquircments of
paragraph above discussing field measurements by the Contractor.
AS-BUILT DRA \VINGS:
The Contractor shall keep and maintain one set of blueprints, As-Built Drawings, in good ordcr and
legible condition to be continuously marked-up at the job site. The Contractor shall mark and
annotate neatly and clearly all projcct conditions, locations, configurations and any other changcs or
deviations which may vary from the details represented on the original Contract Pluns, including
revisions made nccessary by Addenda, Shop Drawings, and Changc Orders during the construction
process. The Contractor shall record the horizontal and vertical locutions, in the plan and profile, of
all buried utilities that differ from thc locations indicated or which were not indicated 011 the
Contract Plans and buried (or concealed), construction and utility features which arc revealed
during the construction pe'riod. '
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The As-Built Drawings shall be available for inspection by the Engineer at all limes during the
progress of the Project.
The As-Built Drawings shall be reviewed by the City Inspector for accuracy and compliance with
the requirements of "As-Built Drawings" prior to submittal of the monthly pay requests. The pay
requests shaH be rejected if the marked-up blueline prints do not confonn to the nAs-Buill
Drawings" requirements. As-Built Drawings shaH be submitted to the City Inspector for approval
, ,
upon completion of the project and prior to acceptance of final pay request
Prior to the placing new. potable watcr mains in service, the Contractor shall provide the Engineer
inte~section drawings, as spcci Ii cd for thc watcr l11uins.
Section III
18
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The City's acceptance of thc "As-Built Drawings" docs not relieve thc Contractor of the sole
responsibility for the accuracy and complcteness of the As-Built Drawings.
I. General: The Contractor shall prcpare an as-built survey of all work signcd and sealcd by a
Florida Registered Land Surveyor; an aulocud file (per City CAD Standards as follows) will be ,
provided for this purpose.
2. Snnitmy nno Storm Sew~r Pipine Syr;;tcmr;;: The as-built drawings shall confom1 as folIo\vs:
. (a) 'Manholes and inlets shall be dimcnsioned from the face of curb or roadway centerline,
and stationed along the baseline. 'New service connections and replaced scrvice
connections shall bc dimcnsioned to. the nearest downstream manhole. All manhole and
, catch basin invert and rim elevations, manhole and catch basin dimensions, pipc ,sizes,
and pipe material shall also be notcd on the plan view and also on the profile.
(b) Pipe materials and areas ,!fspecial construction shall be noted.
3. Electrical a~d Control Wiring: Thc as~buiIt drawing shal! confonn as follows:
(a) , The aswbuilt drawings shall include all changes to the original Contract Plans. The as-built
drawings shall also include the size, color, and number of wires and conduit. For projects
whcre this infonnalion is too voluminous to be contained on the blueline. prints, the
Contractor shall prepare supplemental drawings, on same size shcets as thc blueline prints,
showing the additional conduit runs, I-line diagrams, laddcr diagrams, and other
information. The wiring schematic diagrams shall show tem1ination location and wiring
identification at each point on the ladder diagram. '
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4. Olher: The as-built drawings shall reflect any differences from the original Contract Plans, in
the same level of detail and units of dimensions as the Plans.
,CAD STANOAROS
Layer Nami"g
J>refiYl's~
OJ w prefix denotes digitized or scanned entities
EP - prefix denotes existing points - field collected
EX - prefix denotes existing entities w line worl, and sY,rnbols
PR - prefix denotes proposed entities -' line work and symbols ,
FU - prefix denotes future entities (proposed but not part of this contract) -.line work and
svrnbols
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TX- suffix denotcs tcxt - use for all text, no mattcr the prefix
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Section III
19
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Grnndview T, errace.Tra(fic Calming an~ Stonnwatcr Improvel'nents (99~0023-EN)'
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T ,n)'er Nnmine nefinitinn~:
GAS ~'gas I!ne~ and appurtenances
ELEC - power lines and appurtenances .
PHONE,- telephonc Iincs and appurtenances
CABLE - cable t.v. lines and appurtenances
~OC - curbs, .
WALK - sidewalk
WATER - water lines and appurtenances, sprinklers
STORM ,- storm lines and appurtenances
, TREES - trees, bushest planters
, SANITARY- sanitary lines and appurtcnances
. FENCE - all fences
, ,
, SLOG - buildingst sheds, finished floor elevation
DRIVE ~ driveways
EOP - edge of pavement without curbs
, TRAFFIC - signal poles, control boxes
'TOPBANK-top of bank '
, TOES LOPE - toc of slope
TOP~ERM - top of berm
,TOEBERM - toe of berm
SEAWALL - seawall' .
CONCSLAB - concrete slabs
WALL - walls, except seawall
SHORE - shoreline, water elevation
CL - centerline of road '
CLD - centerline of ditch
CLS - centerline of swale
CORNER - property comers, monumentation
BENCH - bcnchma~k, temporary benchmarks
Other layers' may be created as required, using above fomlUt.
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AI).~aye'rs will use standard Autocad linctypes, bylayer.
All layers will use standard Autocad colors, bylayer.
All text will use stmldard Autocad fonts.
Text style for EX layers w.iIl usc thc simplcx font, obliquing angle of 00, and a text height of .008
times thy plot scale.
Text stylc for PR and FU layers wiII use the simplex font, ob1it]uing anglc of 22.50 I and a text
hcight of .010 times the plot seale. ' . '
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" Section III
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The survey plan shall be produced on stnhlc.bnsed mylnr material, 24" x 36", at a scalc of
lit = 20' unless approved othen\'ise. Upon request, the consultant shall delivcr onc (I) original
(5) prints,
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Additionally, the Consultant shall deliver a 3.5 inch magnetic media computer disk or CD Rom
, containing all project data itl Sofidesk @ Vcrsion 7.6 or 8.0, fOnllat complctc with all drawing
liIes and associatcd projcct data files or if Sofidesk @ is notavailablc, in a standard ASCII file.
The filc shaIl be a comma or space delimitcd liIe containing code, point number, northing,
easting, elevatioil and description for each data point. Example below (Space Delimited ASCII
Filc): '
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POINT #
284
NORTHING
1361003.838
EASTING'
264286.635
ELEV
25.00
DESC
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OR COMMA DELIMITED ASCII FILE:
284,361003.838,264286.635,25.00, BCV (PNEZD)
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A, note shall foIIO\v the code whenever additional clari fication is required to describe the data
point. All AraoCad Release, Thirteen (J 3) or Fourteen (14) drawing or Acad2000 file shall be
submitted. The drawing file shall include only authorized fonts. shapes. line types or other,
attributes contained in the standard AtltoDej'k, Inc. release. All block references ami xl'efel'e/lces
contained within the drawing file shall he included 011 the maglletic media disk. Also. include
cither a pcp plot file or a pen schedule for plotting of drawings. Please address any qllestions
regarding format to Mr. Tom I\:lahony, at (727)562-4762 or cmail address tmahony@clearwatcr-
fl.com
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6.12 CONTRACTOR'S GENERAL \VARRANTY AND GUARANTEE Contractor warrants
and guarantces to OWller, Engincer and Engineer's Consultants that all Work will be in accordance
with the Contract Documents and will not be defective. Contractor's warranty and guaranlee
hereunder in~ll1clcs dcfcets or damage caused by abuse, vandalism, modification or operation by
, persons other than Contractor, Subcontractors or Supplicrs. Until the acceptance of the Work by
the qwner, thc Work shall be under the charge and carc of the Contracto,r, and he shalltakc' evcry
nccessary precaution against injury or damage to any part thereof by action ofthc clements, or from
any other cause whatsoever, arising from the exccution or non-exccution of the Work. The
Contractor shall rebuild. rcpair and make good, at his own cxpense, all injuries or damages to any
pOl1ion of thc Work occasi9ncd by any cause before its completion and final acceptance by the
9wner. In addition, "the Contractor sh~lll remedy any defects in the work at his own expense and
pay for any damage to other work rcsuItinglherefrom which uppcar within a pcriod of one ycar '
from the date of final acceptancc",
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Grandvicw Terrace Trarfic Calming and Storll1\\'aler Improvements (lJ9-0,023-EN)
Contractor's warranty and guarantce hercunder excludes impropcr maintenancc and operation by
O\VIlCrIS employces and nonnal wear and tear lInd(~r norl11nl lIsnge for Bny portion of the Work
which has been partially acccpted by the O\vncr for operation prior to final acceptance by the
Owner. Contractor's obligation to perfonn and complete thc Work in accordance with the Contract
Documcnts shaIl be absolute. None of the foIlowing will constitute an acceptance of Work that is
not in accordance with the Contmct Documcnts or a rclcase of Contmctor's obligation to pcrfonn
the Work in accordance with the' Contract Documcnts: (i) observations by Engineer, (ii)
rccommendation of uny progress or final payment by Enginecr, (iii) the issuance of a ccrtificate of
Substantial Complction or any paymcnt by Owncr to contractor under the Contract Documents, (iv)
use or occupancy of the Work or any part thcrcof by OWtlcr, (v) any acceptancc by Owncr or any
failure to do so, (vi) any review and approval of a Shop Drawing or Sample submittal or the
issuancc ora notice of Acceptance by the Engineer.
6.13 CONTINUING THE 'YORK - Contractor shall carry on the work and adhere to the
progress schedulc during all disputcs or disagrccmcnts with Owner. No work shall be dcluyed or
postponcd pending resolution 0 f any disputes or disagreements, cxccpt as Owner or Contractor may
otherwise agrce in writing.
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6.14 INDEMNIFICATION - Contractor shall indcmnify and hold harnlless Owner, Engineer,
Engineer's Consultants and the officers, directors, employecs, agents and other consultants of each
and any of~hem from and against all claims, costs, losses and damagcs (including but not limitcd to
all fees and charges of enginecrs, architccts, attorneys and other professionals and all court or
arbitration or othcr disputc resolution costs) causcd by, arising out of or resulting from the
performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to
bodily injury, sickncss, disease or death, or to injury to or destmction of tangible property (othcr
than the work itsclf), including the loss of use resulting therefrom, and (ii) is caused in whole or in
part by any negligent act or omission of Contractor, an)' Subcontractor, any Supplier. any person
directly or indirectly cmployed by any of them to perfonn or furnish any of the Work, or anyone for
whose acts any of them may be liable, regardless ofwhcthcr or not caused in part by any negligcncc
or omission of a person or cntity indemnified hereunder or whcthcr liability is imposed upon such
indemnificd party by Laws and Regulations regardless of the negligcnce ofuny such person.
. ,
If, through acts of neglect on the part of Contractor, any other Contractor or any Subcontractor shall
suffer loss or danluge on the work, Contractor shal1 settle with such othcr Contractor or
Subcontractor by agrcemcnt or arbitration if such other Contractor or Subcontractor will so settle.
If such othcr Contractor or Subcontractor, shall assert any claim ,against Owncr on such account of,
any danlage allcged to ha\;c been sustained, Owner shall noti fy Contractor, who shall indcmni fy
and save harmlcss Owner against any such claim. In any and all claims against Owner or Enginccr
or any of thcir rcspective consultants, agcnts, officers, dircctors, or cmployecs by any employee (or
the survivor or personal rcprcscntative of such employce) of Contractor, any Subcontractor, any
Supplier. any pcrson directly or indirectly employed by any of them to pcrfoml or furnish any of the
work, or anyone for whose acts any ofthcm may be liablc, thc indemnification obligation undcr this
paragraph shaH not be limited in any way by uny limitation on the amount or type of damages,
'compensation or bcnefits payablc by or for Contractor or any such Sub-contractor, Supplicr or othcr
person or organization under workcrs! compcnsation ncts, disability bcncfit acts or other employee
benefit acts. T~le indcmni ficutioll obligations 0 r Contractor under this paragmpl~ shall not ex lcnd to
Seclilltllll 24 Revised 05/01
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Grandvicw Tcrrace Traffic Calming and Stol'll1wntcr Improvements (1)1).0023-EN)
thc liability of Engincer and Enginecr'!; Consultants, ofliccl's, directors, employees. or agcnts caused
by the profcssionalncgligcl1cc. errors or omissions of any of theln.
7. OTHER'VORK
7.1 RELATED 'VORK AT SITE. Owncr may perfoml other work related to the Projcct at the
sitc by' Owner's own forces, or Ict other dircct contracts therefor which shall contain Gencral
Conditions similar to these, or have other work perlbmlcd by utility owners. If the fact that such
other work is to be pcrfomlcd was not noted in the Contract Documcnts, then: (i) written noticc
thereof will be givcn to Contractor prior to starting any such othcr work, and (ii) Contractor may
make a claim thcrcfor if Contractor believes that such pcrfommncc will involve additional cxpcnse
to Contractor or requires additional time and thc parties arc unable to agree us to thc amount or
extent thercof.
Contractor shall afford cach other contractor who is a party to such a direct contract and cach utility
owner (and Owner, if Owncr is pcrfonning the additionul work with Owner's cmployees) proper
and safe access to thc site and a reasonable oPPoltunity for the introduction and storage ofmutcrials
and equipment and thc execution of such other work and shall properly connect and coordinate the
work with theirs. Unless othcrwise provided in the Contract Documents, Contractor shall do all
cutting, fitting and patching of thc work that may be rcquired to make its several parts come
together properly and integratc with such othcr work. Contractor shall not endanger any work of
others by cutting, excavating, or otherwise altering their work and will only cut or alter thcir work
with the writtcn conscnt of Enginecr and the others whose work will be affected. The duties and
responsibilities of Contractor under this paragraph arc for the' benefit of such utility owners and
other contractors to the extcnt that thcre are comparable provisio'ns for the bcnefit of Contractor in
said direct contracts between Owncr and such utility owncrs and othcr contractors. Should thc
Contractor cause damage to any other contractor on the Project, thc contractor agrces, upon duc
notice, to settle with such contractor by agrcemcnt or arbitration, if he will so settle. If such other
contractor sues thc Owner on account of any damage allcged to have been so sustained, thc Owncr
shall notify the Contractor, who shall defcnd such procecdings at his own expensc, and if any
judgment against the Owner ariscs thcrefrom the Contractor shall payor salisfy the judgcment and
pay all costs incurred by the Owncr.
If thc propcr execution or results of any part of Contractor's work dcpends upon work perfomled by
othcrs undcr this Article. Contrnetor shall inspect such othcr work and promptly rcport to Enginccr
in writing any delays, defects or deficicncies in sllch other work that render it unavai lable or
unsuitable for the proper execution and results of Contractor's work. Contractorts failurc to so
report will constitute an acccptance of such othcr work as lit and proper for intcgration with
~ontractor's work except for latcnt or nonapparcnt dcfccts and deficicncies in such other work.
7.2 COORDINATION - If Owner contracts with others for thc perfonnancc ofothcr work on the
Project at the sitc, thc following will be set forth in thc Scope of Work: (i) the pcrson who will have
authority and rcsponsibility for coordination of thc activities among the various prime contractors
will be identilicd; (ii) thc specific matters to be covered by such authority and responsibility will be
itemized; and (jji) the extent of stich Huthol'ity und responsibilities will be provided. Unlcss
othcrwise provided in the Supplemental)' Conditions, Owncr shall havc solc authority and
responsibility in respect of stich coordination.
ScclionllJ 25 HcviscdllSlO1
. ..~ .
....
Grnndvicw Terrace Trhffic Culming and Stonllwutcr lmprovcments (!)l)-0023~EN)
""
8. O\"NERS RESPONSIBILITY - Except as otherwise provided in these Gcncral Conditions,
Owncr shall issuc all communications to Contractor through Engineer.
, '.
O\~'ncr shall fut11ish the data rcquircd of Owner under the Contract Documents promptly and shall
make payments to Contractor promptly whcn thcy arc duc as provided in thcse General Conditions.
Owner is obligated to cxecutc Change Orders as indicatcd in the Article on Changcs In Thc \Vork.
Owncr's rcsponsibility in respect of certain inspections, tests, and approvals is set forth in the
Articlc on Tests and Inspections.
In conncction with Owncr's right to stop work or suspend work, see the Article on Engineer may
Stop the Work. The Article on Suspcnsion of Work and Tennination dcals with Owner's right to
tCnl1inate services of Contractor under ccrtain circumstances. "
I,~ oN<
The Owner shaH not supervise, dircct or have control or authority over, nor be rcsponsible for,
Contractor's means, methods, techniques, sequences or procedurcs of construction or the safety
precautions and programs incident thercto, 'or for any failure of Contractor to comply with Laws
and Regulations applicable to the furnishing <<;)r perfommnce of the ,Work. Owner will not be
responsible for Contractor's failure to perfonn or furnish the Work in accordance with thc Contract
Documents.
9. ENGINEER'S STATUS DURING CONSTRUCTION
9.1 O'VNERS REPRESENTATIVE - Enginecr will be Owner's represcntative during the
construction period. The duties and the responsibilities and the limitations of authority of Engineer
as Owner's representative during construction arc set forth in the Contract Documents and shall not
be extcnded without written consent of Owncr and Engineer.
,c.
9.2' CLARIFICATIONS AND INTERPRETATIONS - Engincer will issue with reasonable
promptness such written clarifications or interpretations of the rcquirements of the Contract
, Documents (in the form of Drawings or otherwise) as Engineer may detemline necessm)', which
shaH be consistent with the intcnt. of und reasonably inferable from Contract Documents. Such
wtitten clarifications and interprctations will be binding on Owncr and Contractor. If Contmctor
believes that a written clarification or interpretation justi f1es an udjustment in the Contract Pricc or
the Contract Time and the partics are unablc to agree to the amount or extcnt thcreof. if any,
Contractor may make a written claim thercfor as provided in the Articles for Change of Work and
Change of Contract Time.
,"
9.3 REJECTING OF DEFECTIVE '''ORK '7 Engincer will huvc authority to disupprove or
reject Work which Engincer bclieves to bc defcctive, or that Enginccr believes will not produce a
completed Project that con'ronns to the Contract Documents or tlmt will prejudicc the intcgrity of
the dcsign concept of the completed Project as u functioning wholc as indicatcd by the Contmct
Documents. Enginecr will also have authority to require spccial inspcction or testing of thc Work
whether 01' not the Work is fabricated, instulled or completed.
Section III
26
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9.4 SHOP DRA \VINGS. CHANGE ORDERS, AND PA ,"i\IENTS - In cOlll1cctioll with
Engineer's authority as to Shop Drawings and Samples, see articlcs on Shop Druwings and
Samples. In connection with Engincerts authority as to Change Ordcrs, see the articles on Changcs
'of Work, Contract Price and Contract Time. In conllcction with Enginecr's authority as 'to
Applications for Payment, see thc articles on Payments to Contractor und Complelion.
9.5 DECISIONS ON DISPUTES - Engineer will bc the initial intcrpreler of the requirements of
the Contract Documents and judge of the acceptability of the work thereunder. Claims, disputes
and other matters rclating to the acceptability of the work or thc intcrpretation of the rcquiremcnts
. of thc Contract Documents pcrtaining to the perfonnancc and furnishing of the work and Claims
under the Articles for Changcs of Work, Changcs of Contract Time and Changes of Contract Price
\vill be referred initially to Engincer in writing with a requcst for a formal decision in accordance
,~vith this paragraph. Written notice of each such claim, dispute or othcr mutter will be delivercd by
the claimant to Engincer and the other party to thc Agreemcnt promptly (but in no event later than
thirty days) after thc start of thc occurrcnce or event giving rise thcreto, and writtcn supporting data
will be submitted to Engineer and the othcr party within sixty days aflcr the start of such occurrcnce
or evcnt unless Engineer allows an additional pcriod of timc for the submission of additional or
more accurate data in suppot1 of such 'claim, dispute or other mattcr. The opposing party shall
submit any response to Engineer and thc claimant within thirty days after receipt of the daimant's
last submittal (unless Engineer allows additional time). Enginccr will render a fornml decision in
writing within thirty days after rcceipt of the opposing party's submittal, if any. in accordance with
this paragraph.. Engineer's writtcn decision on such claim, dispute or other matter will be final and
binding upon Owner and Contractor unlcss (0 an appeal from Engineer's decision is taken within
thirty days of the Engineers decision, or the appeal time which may he stutcd in a Dispute
Resolution Agreement betwecn the Owncr and Contractor for thc settlement of disputes or (ii) ifno
such Dispute Resolution Agrcement has been entered into, a writtcn notice of intcntion to' appcal
from Engineer's writtcn decision is delivcrcd by Owncr or Contractor to the other and to Engincer
within thirty days after the date of such decision and a fonnal procecding is institutcd by thc
appealing party in a forum of competcnt jurisdiction to cxcrcise such rights or rcmedies as the
appealing party may have with respcct to such claim, dispute or other matter in accordance with
applicable Laws and Regulations within sixty days of the datc of such decision, unlcss otherwise
agreed in writing by Owner and Contractor.
When functioning as interpreter and judge, Engincer will not show partiality to Owner or
Contractor and will not be liable in conncction with any il1terprclatiol1 or decision rendercd in good
faith in such capacity. Thc rendering of a dccision by Enginecr with respect to any such claim.
disputc or othcr matter will bc a condition precedcnt to any exercise by Owner or Contractor or
such rights or remcdics as eithcr may othcrwise have undcr the Contract Documents or by Laws Of
Regulations in respect of any such claim, disputc.or other mattcr pursuunt the Articlc on Dispute
Resolution.
Sectiun III
27,
J{c\'iscLlIl51O 1
,..-
Grandview Terrace Traffic Calming and Slormwatcr Improvcments (99-0023-EN)
,..
9.6 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES - Neithcr Enginecr's aUlhority
or responsibility under this paragraph or under any othcr provision or the Contract Docllmcnts nor
any dccision made by Enginccr in good faith cither to cxercise or not exercise slIch authorily or
rcsponsibility or the undcrtaking, exercise or perfomlUtlce of any authority or responsibility by
Engineer shall create, impose or give rise lo any duty ow cd by Engincer to Conlraetor, any
Subcontractor, any Supplicr, any other pcrsoil or organization or to any surety for or employee or
agent of allY of them.
1.....-
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Engineer will not supervise, direct, control or have authority over or be rcsponsiblc for Contplctorts
means, methods, techniques, sequences or procedures of construction. or the safety prccautions and
programs incident thereto. or for any failure of Contractor to comply with Laws and Regulations
applicable to the f\lmishing or perfomlUnce of thc work. Engineer will not be responsibll? for
Contractors failurc to perform or furnish the work in accordance with the Contract Documents.
, .~,
, Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor,
any Supplier, ,or of any other person or organization pcrforming or furnishing any of thc work.
'.~ :,..0-
Engineer's review of the final Application for Payment and accompanying documcntation and all ,
, maintenance and operating instructions, schedules, guarantccs, bonds and certificates of inspection,
tests arid approvals and other documentation rcquired to be dc1ive'rcd by the Contractor will only be
to determine gcnerally that their content complies with the rcquiremcnts of thc Contract Documcnts
and, in the case of certificates of inspcctions, tests and approvals that thc rcsults ccrtified indicatc
compliaIlCe with the Contract Documents.
. ,
The limitations upon authority and responsibility set forth in this paragraph shall also apply to
Engincer's Consultants and assistants.
] o. CHANGES IN THE WORK - Without invalidating the Agreement and without noticc to any
surety, Owner may, at any time or from lime to time, order additions, dclctions or revisions in the
Work. Such additions, dclctions or revisions will be authorizcd by a Written Amendment, a
Change Order, or a Work Changc Directive. Upon reccipt of any such document, Contractor shall
promptly procced with the Work involvcd which will be perfomlcd undcr the applicablc conditions
of thc Contract Documents (except as may othcrwise be spccifically provided).
~ .'~
" .
If Owncr and Contractor are unable to agree as to the extent, i r any, of an adjustment in the Contract
Price or an adjustment of thc Contract Time that should be allowed us a rcsult of a' Work Changc
Directive, a claim may be made thcrefor as provided in these Gencral Conditions.
Contractor shall not be entitlcd to an increase in the Contract Price or un extension of the Contract
Time with respect to any Work pcrfomlcd that is not rcquired by the Contract Documents as
amcnded, modified and supplemented as provided in these Gencral Conditions exccpt in the casc of
an emergency as provided or in the easc of uncovering work as providcd in article for Uncovcring
Wo~. "
Section III
28
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10. CHANGES IN THE 'VORK CONTINUED:
Owner and Contractor shall executc appropriate Changc Orders or Writtcn Amendments
recommended by Engineer covering:
changes in the work which arc (i) ordercd by Owner (ii) required bccause of acceptance of
defective work under the article for Acceptance of Dcfeetivc Work or correcting defective
Work ullder the article for Owner May Correct Defective Work or (iii) ,agreed to by the,
parties;
changes in the Contract Price or Contract Time which arc agrced to by the parties; and
changes in the Contract Pricc or Contract Time which embody the substancc of any written
dccision rcndered by Enginccr pursuant to the article for Decisions on Disputes;
provided that, in lieu of executing any such Change Order, an appcal may be taken from any
such decision in accordance with the provisions of the Contract Documents and applicablc
Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and
adhere to the progress schedule as provided in the article for Continuing the Work.
If notice of any change affecting the general scope of the work or the provh;ions of the Contract
Documents (including, but not limited to, Contract Price or Contract Time) is required by the
provisions of any Bond to be given to a surety, the giving of any such notice will be Contractor's
responsibility, and the amount of each applicable Bond will bc adjustcd accordingly.
11. CHANGES IN THE CONTRACT PRICE
11. ,1' CHANGES IN THE CONTRACT PRICE The Contract Price constitutes the total
compensation (subject to authorizcd adjustmcnts) payable to Contractor for pcrfon11ing the Work.
All duties, responsibilities and obligations, assigned to or undertakcn by Contractor shall be at
Contractor's expense without change in tllc Contract Pricc. The Contract Pricc may only be adjustcd
by a Change Order or by a Written Amendment. Any claim for an adjustmcnt in the Contract Pricc
shall be based on a written notice of claim stating the gencral nature of the claim, to be deli vcrcd by
the party making the claim to the other party and to Engineer promptly (but in no event latcr than
thirty days) after the start ofthc occurrence or event giving rise to the claim. Notice of the amount of
the claim with supporting data shall be delivered within sixty days ancr the start or such occurrcnce
or event (unless Engineer allows additional time for claimant to submit additional or more accurate
data in support of the claim) and shall bc accompanied by claimant's written statemcnt that the
claimed adjustment covers UU kilOwn amounts to which the claimant is entitled as a rcsult of said
occurrence or event. No claim for an adjustment in the Contract Price will be valid if not submittcd
in accordance with this paragraph. The value of any Work covered by a Change Order or of any
claim for un 'adjustment in thc Contract Price will be dctermined as follows: (i) where the Work
involved is covered by unit prices contained in the Contract Documents, by application of such unit
prices to the quantities of the items involved (ii)
Section III
29
Revised OSlO 1
Grandvicw Tcrracc Traffic Calming Hlld SlOnllWatcr Improvemcnls (99-0023-EN)
11.1 CHANGES IN TilE CONTRACT PRICE CONTINUED:
whcre the Work involvcd is not covcrcd by unit prices contained in the Contract Docun1cnts, by a
mutuallyagrecd lump sum (which may includc an allowancc for ovcrhead und profit),' (iii) where the
Work is not covered by unit prices contail1cd in the Contract Documcnts and agrcement is rcached to
cstablish unit prices for the Work.
...
11.2 ALLO\V ANCES AND FINAL CONTRACT PRICE ADJUSTMENT It is understood that
Contractor has included in the Contract Price all allowanccs so named in thc Contract Documents
and shall cause the Work so covercd to be furnished and perf o 1111 cd for such' sums as may be
acceptablc to Owner and Engineer. Contractor agrecs that: (i) the allowances include the cost to
Contractor (less any applicable tradc discounts) of materials and equipment required by the
allowances to be delivered at the Site, and all applicable taxes; and (ii) Contractor's costs for
unloading and handling on the site, labor, installation costs, overhead, profit and other expcnscs
contemplated for the allowances have been includcd in the Contract Price und not in the allowances
and no demand for,additional paymcnt on account of any oftlle forcgoing will bc valid.
jo.,..
Prior to final paYment, an appropriatc Change Order will be issued as rccommendcd by Enginecr to
reflect actual amounts due Co~tractor on account of Work covercd by allowanccs and all the Work
actually perfonncd by the Contractor, and the Contract Price shall bc correspondingly adjustcd.
11.3 UNIT PRI'CE WORK Wherc thc Contract Documcnts provide that all or part of the Work
is to be Unit Price Work, initially the Contract Price will be dccmed to include for all Unit Price
Work an amount equal to the sum of the established unit price for each separately identified itcm of
unit price work times the estimated quantity of each item as indicated in thc Agreement. The
estiinatcd quantities of items of Unit Price Work arc not guarantccd and are solely for the purpose of
" comparison of Bids and dctennining an initial Contract Price. Dctcnninutions 'of the uctuul quantities
and classifications of Unit Price Work perfonned by Contractor will bc made by Engineer. Each unit
price will be deemed to include an amount considcred by Contractor to bc adequate .to cover
, Contractor's overhead and profit for each scparately identified itcm. Owncr or Contractor may make
a claim for an adjustment in the Contract Price if: (i) the quantity of any item of Unit Price Work
perfonned by Contractor differs materially and significantly from thc estimated quantity of such itcm
indicated in the Contract Documents; and (ii) thcre is no corresponding adjustment with respect to
any other item of \Vork; and (iii) if Contractor believes that Contractor is entitled to an incrcasc in
Contract Price as a result of having incun'cd additional expense or Owncr bclievcs that Owner is
entitlcd to a dccrcase in Contract Price and the parties are unable to agrce as to the amount of any
such increase or decrcase. On unit price contracts, the Owner cndeavors to provide adequate unit
quantities to satisfactorily complete the constmction of the project. II is expected that in the normal
course of project constmction and completion that not all unit quantities will be used in their cntirely
and that a finalizing changc order which adjusts contract unit quantities to those unit quantities
actually uscd in the construction of the project will result in a net dccrcase from the origil1ul Cor:ttruct
Price. Such reasonable deduction of final Contract Price should be anticipated by the Contractor in
his original bid.
I.. I
ScCllon III
30
Rcvised 05/0 I
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12. CHANGES IN THE CONTRACT TIME
'The Contract Timc, (or Milestones) may only be changed by a Change Ordcr, or a Written
Amendment. Any claim for an adjustment of the Contract Time (or Milestones) shall be based on
written noticc delivercd by thc party making the claim to the othcr party and to Enginecr promptly
(but in no event later than thirty days) after the occurrence of the ,event giving risc to the claim and
stating the general nature of the claim. Notice of the cxtent of the claim with supporting data shall be
delivered within sixty days after such occurre'nce (unless Engineer allows an additional period or
time to asce11ain more accurate data in support of thc claim) and shall be accompanied by thc
,claimant's written statement. that the adjustment claimed is the entirc adjustment to which the
claimant has reason to believe it is entitled as a result of the occurrencc of said event. All claims lor
adjustmcnt in the Contnict Time (or Milestones) shall be detcnn'ined by Engineer. No claim for un
adjustment in the Contract Time (or Milestones) wiII be valid ifnot submitted in accordance with the
requirements of this' paragraph. '
All time limits stated in the Contract Documcnts urc ofthc essence of the Agreement.
Whcre Contractor is prevented from completing any part of the work within the Contmct Time (or
Milestones) due to delay beyond thc control of Contractor, the Contract Time (or Milcstones) may bc
extended in an amount equal to thc timc lost due to such delay if a claim is made therefor as providcd
in the article for Changes in the '
, Work. Delays beyond the control of Contractor shall include, but not be limited to, acts by Own cr.
acts of utility owners or other contractors performing' othcr work as contemplated by the article for
Other Work, fires, floods, epidemics, abnonnal weathcr conditions or acts of God. Delays
attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays
within the control of Contractor.
Where Contractor is prevented from completing any part of the Work within the Contract Times (or
Milestones) due to dclay beyond the control of both Owncr and Contractor, un extemiion of the
Contract Time (or Milestones) in an amount equal, to the time lost due to such delay shal1 be
Contractor's sole and exclusive remedy for such delay. In no event shall Owner be liable to
Contractor, any Subcontractor, any Supplicr, any other person, or to any surcty lor or employee or
agent of any of them, for damages arising out of or resulting from (i) dclays caused by or within the
control of Contractor, or (ii) delays beyond the control of both partics including but not limited to
fires, floods, epidemics, abnormal weather conditions, acts of God or acts by utility owners or othcr
contractors perfonning other work as contemplatcd by paragraph for Othcr Work.
Scction III
31
Rcvised 05/ll1
Grandview Terrace Trame Cnlming alllt'Stom1\vater Improvemcnts (99M0023-EN)
13. TESTS AND INSPECTIONS, CORRECTION,'REMOVAL OH ACCEPTANCE OF
DEFECTIVE 'YORK -
13.1 TESTS AND INSPECTION - Contractor shall givc Enginccr timcly notice ofrcadiness of the
Work for ,all rcquircd inspections, tests or approvals, and shall coop crate with inspection and testing
personnel to facilitate requircd inspections or tests.
"
Owner shall employ and pay for the scrviccs of un indepcndcnt testil1g laboratory to perfoml all
inspections, tests, or approvals required by thc Contract Docllments or perfonn thesc tcsting services
with the Owner's, and/or Engincer's staff except for inspections, tests or approvals as othcrwise
provided in the Contract Documents. The costs for thcse inspcctions, tests or approvals shall bc
borne by,the Owner except as otherwise provided in the Contract Documents.
If Laws or Regulations of any pubiic body having jurisdiction requirc any Work (or part thcreof)
specific,ally to be inspected, tested or approved by an employee or other representative of sllch public
body, including al,l City Building Departments and City Utility Departments, Contractor shall assume
full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in '
connection therew'ith, and furnish Engincer the rcquired ccrtificates of inspcction or, approval.
Unless otherwise stated in the Contract Documents, City permit and impact fees wilI be waivcd.
. Contractor shall also be responsiblc for arranging and obtaining and shall pay all costs in conncction
with any inspections, 'tests or approvals required for Owner's and Engineer's acceptance of materials,
or equipment to be incorporated in the Work, or of materials, mix dcsigns, or equipment submitted
for approval prior to Contractor's purchase thcreof for incorporation of the Work.
If.nny Work (or the work of others) that is to bc inspcctcd tested or approved is covcrcd by
Contractor without written concurrcnce of Engineer, it must, if rcquested by Engincer, bc uncovcrcd
for observation. Uncovering Work as provided in this paragraph shull be at Contract's expcnse unlcss
COJ.1tractor has givcn Engineer timely notice of Contractor's intention to cover the same and Engineer
, has not acted with rcasonable promptness in rcsponsc to such notice.
13.2 UNCOVERING THE 'VORK - If any Work is covercd contrary to the written request of
Engineer, it must, if requestcd by Engineer, bc uncovcred for Engincer's observation and replaccd at
Contractor's expense.
"
Section 111
32
Revised IlSIU I
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13.2 UNCOVERING TilE '''ORK COi'iT1NUED:
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If Engineer considers it necessary or advisable that covered Work be observed by Engineer or
inspected or tcsted by others, Contractor, at Engineer's requcst, shall uncover, expose or otherwise
make available for observation, inspection or testing as Enginecr may require, that portion of the
Work in question, fumishing all necessary labor, matcrial and cquipment. If it is found that such
Work is defectivc, Contractor shall pay all claims, costs, losses and damages causcd by, arising out of
or resulting from such uncovering, exposure, observation, inspection und testing and of satisfactol)'
rcplacement or rcconstruction (including but not limitcd to all costs of rcpair or rcplacement of work
of othcrs); and Owncr shall be entitlcd to an appropriate decrcase in the Contract Price for the costs
of the investigation, and, ifthc parties arc unable to agrcc as to the amount thereof, may make a claim
therefor as provided in the article for Change in Contract Price. II: howcver, sllch Work is not found
to be defcctive, Contractor shall be allowed an incrcase in the Contract Price or an cxtel1sion of the
Contract Time (or Milestones), or both, dircctly attributablc to, such uncovering, exposurc,
observation, inspection, testing, replacement and rcconstruction; and, if the parties arc unable to'
agree as to the amount or extent thereof, Contractor may make a claim thcrefor as provided the article
for Change in ContraCt Pricc and Change of Contract Time.
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13.3 ENGINEER MAY STOP THE 'YORK * If the Work is defective, or Contractor fails to
supply sufficient skilled workers or suitable materials or cquipment, or fails to furnish or perfonn thc
Work in such a way that the complcted Work will confonn to the Contract Documcnts, Engineer
may order Contractor to stop the \Vork, or any portion thereof, until the cause for such order has becn
eliminated; however, this right of Engineer to stop the Work shall not give rise to any duty on the
part of Engineer or Owner to exercise this'right for the benefit of Contractor or any surety or other
puny. If the Engineer stops Work under this paragraph, Contractor shall be cntitlcd to no extension
of Contract Time or increase in Contract Price.
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13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK - If required by Engineer,
Contractor shall promptly, as directed, cithcr correct all defcctive Work, whcther or not fabricated,
installed or completed, or, if thc Work has bcen rejectcd by Enginccr, remove it from the site und
replace it with Work that is not defective. Contractor shall pay al1 claims, costs, losses and damagcs
caused by or resulting from such correction or removal (including but not Iimitcd to all costs ofrepuir
or replacement of work of others).
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13.5. W ARRANTY/CORRECTION PERIOD - rf within one year af1er the datc of Substanlial
Completion or such longer period of time as may bc prescribed by Laws or Regulations or by the
temlS of any applicable special guarantee required by the Contract Documents or by uny speci fic
provision of the Contract Documents, any'Work is found to bc defectivc, Contractor shall promptly,
without cost to Owner and in accordancc with Owner's written instructions; (i) corrcct such defcctivc
'Nork, or, if it has been rejected by Owner, remove it from the site and replace it with ,Work that is
not defective and (ii) satisfactorily correct or removc and replace any damage to othcr Work or the
work orothers resulting therefrom. If Contractor does not promptly comply with the temlS of such
instructions, or in an emcrgencywhcre delay would cause serious risk of loss or damage, Owner may
huve the defectivc Work correctcd or the rejcctcd. Work rcmovcd and replaced, and al1 claims, costs,
losscs and damages caused by or resulting from sllch rcmoval and rcplaccment (including but not
limitcd to all costs of repair or replacement of work of others) wiII be paid by Contmctor.
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33
Re\'iseu OS/1l1
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, Grandvicw Terrnce Traffic Culming tllld Stoll11wmcr Improvemenls (9~}-0023-EN)
J3.5 \VARRANTY/CORItECTION PERIOD CONTINUED:
I.~. ..
[n special circumstanccs whcre a particular itcm of equipmcnt is placcd in continuous service before
Final Completion of all the Work, the correction period for that item may start to run from an carlicr
date if specifically and expressly so provided in the Specifications or by Written Amendment.
,..
Where defective Work (and damage to othcr Work rcsulting therefrom) has been corrccted, removed
or rcplaced under this paragraph the corrcction period hcrcunder with respect to such Work will bc
extendcd for an additional period of one ycar aftcr such correction or rcmoval and replacement has
been satisfactorily completed.
't.,'"
, ,
13.6 ACCEPTANCE OF DEFECTIVE 'YORK - If, instead of requiring correction' or rcmoval
and replacelTlent of dcfective Work"Owncr prefers to accept it" Owner may do so.
~;......
Contractor shall pay all claims, costs, losscs and damages attributable to Owner's cvaluation of and
determination to. accept such defective Work (such costs to be approved by Englnccr as to'
reasonableness). If any such acceptance occurs prior to Engincer's recommcndation of final paymcnt,
a Change Order will be issued incorporating the neccssary revisions in the Contract Documents with
respect to thc Work; and Owner shall be entitled to' an appropriate decrease in the Contract Price,
and, ~fthe parties are unable to agree as to the amount thcreof, Owner may make a claim thcrcfor as
'provided in article for Change of Contract Pricc. If the acceptance occurs after the EngiIlcerts
recommendation for final payment an appropriate amount will be paid by Contractor to Owncr. .
u''"
......
13.7 OWNER MAY CORRECT DEFECTIVE 'VORK. If Contractor fails within a reasonable
time after written notice from Engineer to eorrect defective Work or to remove and replace rcjeeted
Work as, required by Engineer in accordancc with the article for Correction and Rcmoval of
Defectivc Work or if Contractor fails to pcrfonn the Work in accordance with the Contract
Documents" or if Contractor fails to comply with any other provision of the Contract Documents,
O\\mcr may, afler seven days' written notice to Contractor, corrcct and remcdy any such deficiency.
In exercising the rights and remedies under this paragraph Owner shaIl procccd expeditiously. In
connection with such corrective and remedial actiol1, Owner may exclude Contractor from alI or purt
of the site, take possession of all or part of the Work, and sLlspend Contractor's services rclatcd
thereto, take possession of Contractor's tools, appliances, constnlction cquipment and machinery at'
the site, and ,incorporate in the Work all matcrials and cquipment storcd ut the site or for which
Owner has paid Contractor but which are stored clsewhcre. Contractor shall allow Owncr, Owncr's
representativcs, agcnts and cmployees, Owner's other contractors, and Enginccr and Engineer's
Consullants acccss to the sitc to enable Owncr to excrcise the rights and .remcdies undcr this
paragraph. AIl claims, costs, losscs and damages incurred or sustaincd by Owncr in exercising such
rights and remedies will be charged against Contractor and a Changc Order wi 11 be, issucd
inco'rporating the necessary rcvisions in thc Contruct Documents with respect to the W ol'k~ and
Owner shall be entitlcd to an appropriate decrcase in thc
~.., ~
Scclion III
34
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13.7 O\VNER l\IA Y CORRECT DEFECTIVE \VORK CONTINUED:
Contract Price, and, if the partics arc unable to agrec as to the amount thereof, OWller Illay make a
claim therefor as provided in thc articlc for Change of Contract Pricc. Such claims, costs, losses and
damages \viIl include but not be limited to all costs of repair or replaccment of work of othcrs
destroyed or damaged by correction, removal or replacement of Contractor's defective Work.
Contractor shall not be allowed an extension of the Contract Time (or Milestones) bccause of any
delay in the performance of the Work attributable to. the exercise by Owner of Owner's rights and
rcmedies hereunder.
]4. PAYMENTS TO CONTRACTOR AND COMPLETION
Pro~ess payments on account of Unit Price Work wiIl be based on (hc number of units completed.
14.1 APPLICATION FOR PROGRESS PAYMENT ,- Contractor shall submit (not more often
than once a month) to Enginecr for review an Applica~ion for Payment filled out and signed by
Contnictor covering the Work completed as of the 25th of each month and accompanied by such
supporting documentation as is required by the Engineer and the Contract Documents. Unless
otherwise stated in the Contract Documents, payment will not bc made for materials and equipmcnt
not incorporated in the \Vork. Payment will only be made for that portion of the Work which is fully
installed including all'materials, labor and cquipmcnt. A rctainage of not less than five (5%) of the
amount of each Application for Payment for the total of all Work complcted to date will be held until
final completion and acceptance of the Work covcred in the Contract Documents. No prOhlfCSS
payment shall bc construed to be acceptance oCany portion ofthc Work undcrcontrac1.
In addition to all other payment provisions sct out in this cont~act, the Engineer may require the
Contractor to produce for the Owncr, within fillcen days of the approval of any progress payment,
evidence and/or payment affidavit that all subcontractors and suppliers have been paid any sum or
sums then due. A failure on the part of thc contractor to provide the report as required hcrein shall
result in further progress or partial payments being withheld until the report is provided.
14.2 CONTRACTOR'S \V ARRANTY OF TITLE Contractor warrants al1d guarantees tbat '
title to all Work, materials and equipmcnt covered by any Application for Payment, whether
incorporated in the Project or not, will pass to Owner no latcr than the time'ofpayment, fi-ec: and clcar
of liens. No materials or supplies for the Work shall be purchased by Contractor or Subcontractor
subject to any chattel mortgage or undcr a conditional sale contact or other agreemcnt by which an
interest is retaincd by the seller. Contractor warrants that he has good title to all matcrials and
supplies used by him in the Work, free (i"om all liens, claims or encumbrances. Contructor shall
indcmni'fy and save Owner hannlcss from all claims growing out of the lawful demands of
Subcontractors, laborers, workmcn, mechanics, materialmen, and furnisher's of maehincry and parts
thercof, equipment, powcr tools, and all supplies incurrcd in the furtherance or the pcrfomlUncc of
this Contract. Contractor shall at Owner's rcquest, furnish satisfactory evidcnce that all obligations of
the nature hereinabove designated have becn paid. discharged, or waived. If Contmctor, fails to do
so, thcn Owner may, after having scrvcd written notice on said Contractor either pay unpaid bills,' of
which Owner has written notice, or
SCCljon III
35
Rcviscd 0510 [
Grandvicw Tcrrace Trame Calming ami Storl1l\\'atcr Improvements (99-0023-EN)
14.2 CONTRACTOR'S \VARRANTY OF TITLE CONTINUED:
~.. ..
withhold from the Contractor's unpuid compensation a sum of money deemed reasonably s~fficient ,
to pay any and all such Imvful claims until satisfactory evidence is furnished that all liabilities have
been' fully discharged, \",hereupon paymcnt to Contractor shall be resumcd in accordance with the
tenns of this Contract, but in no event shall the provisions of this sentence bc construed to impose
any obligations upon Owncr to the Contractor 01' the Surety. In paying any unpaid bills of the
Contractor, Owner shall be decmed the agent of Contractor and any payment so made by Owner shall
be considered as payment made undcr thc Contmct by Owner to Contractor, and Owncr shall not be
liable to Contractor for any such paymcnt madc in good faith.
,l: ~~.
I, ,
14.3 REVIE\V OF APPLICATIONS FOR PROGRESS PAYMENTS Engineer will within
twenty days after receipt of cach Application for paymcnt, cither indicate a rccommendation or
payment and present Application to Owner, or return the Application to Contractor indicating
'Enginecr's reasons for refusing to recommend payment. In the latter case, Contractor may makc the
necessary corrections and resubmit the Application. Engineer may rcfuse to recommend thc whole
or any part' of any payment to the' Owner. Engineer may also refusc to recommend any such
payment, or, because of subsequently discovered evidence or the results ofsubsequcnt inspections or
test, nullify any such payment previously recommended, to such extent as may be necessary in
. Engineer's opinion to protect Owner from loss because: (i) the Work is defective, or completed Work
has been damaged requiring ,correction or replacement, eii) the Contract Price has been reduced by
amendment or Change Order, (Hi) Owner has been required to correct defective Work or complete
\Vork, or (iv) Engincer has actual knowledge of the occurrcncc of uny of the cvents enumerated in
the article on Suspension of Work and Tcm1ination.
~ :.
I ..
Owner may refuse to make payment of the full amount recommended by the Engineer because: (i)
claims have been made against Owner on account of Contractorts pcrfonnancc or rumishing of the
Work, (ii) Liens have been filed in connection with the Work; exccpt where Contractor has delivercd
a specific Bond satisfactory to Owner to secure the satisfuction and discharge of such Liens, (iii)
there are other items entitling Owner to a set-off against the amount recommcnded, or (iv) Owncr has
actual knowledge of any of thc events described in this paragraph. The Owner shall give Contractor
immediate notice of refusal to pay with a copy to the Engincer, stating the rcasons for such actions,
and the Owner shall promptly pay Contractor thc amount so withheld, or any adjustment thereto
agreed to by Owner and Contractor~ when Contractor COlTects to Owner's satisfaction the rcasons for
such action.
,..'
14.4 PARTIAL UTILIZATION - Use by Owner at Owner1s option of any substantiatly completed
part of the Work which (i) has specifically been idcntified in the Contmct Documents, or (ii) Owner,
Engineer and Contractor agrce constitutes a separately functioning and usablc part of the Work that
can be used by Owner' for its intendcd purpose without signiticant interference with Contractorts
perfom1ance of the remainder of the Work, may be accomplished prior to Final Completion orall thc
Work, subject to the following:
Scclioll III
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Revised 05101
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14.4 ,PARTIAL UTILIZATION CONTINUED:
Owncr ut any time may rcquest Contractor in writing to pcmlit OWl1cr to use any stich purt of the
Work which Owncr bclievcs to be reudy for its intended use and substuntially complete. If
Contractor agrccs that stich part of the Work is substantially complctc, Contractor will certify to
Owner and Engineer that such part of thc Work is substantially complete and request Enginccr to
issue a certificatc of Substantial Completion for thut part of the Work. Contractor at any time may
notifY Owner and Engineer in writing that Contractor considers any such part of the Work ready for
its intcndcd usc and substantially complete and rcquest Enginecr to issue a certificate of Substantial
Completion fo'r that part of the Work. Within a reasonable time after either such request, Owncr,
Contractor, and Engineer shall make an inspection of that part of the 'Work to detcmlinc its status of
complction. If Enginecr does not consider that part of the Work to be substantially complete,
Engineer will notify Owner and Contractor in writing giving the rcasons thcrefor. ' If Enginecr
considers that part of the Work to be substantially completc, the provisions of thc articles for
Substantial Completion and Partial Utilization will apply with respcct to celtification of Substantial
Completion of that part of the Work and the division of responsibility in respect thereof and acccss
thercto.
14.5 FINAL INSPECTION - Upon written notice from Contractor that thc entire Work or an
agreed portion thereof is completc, Engineer will make a final inspection with Owner and Contractor
and will no'tify Contractor in writing of all particulars in which this inspcction reveals that the Work
is incomplete or defectivc. Contractor shall immediately take such measures as are necessary to
complete such Work or rcmedy such deficiencies.
14.6 FINAL APPLICATION FOR PAYMENT Aftcr Contractor has completed all such
corrections to the satisfaction of Engineer and has delivered in accordancc with thc Contract
Documents all maintenance and operating instructions, schedules, guarantees, Bonds, ccrtificates or
other evidence of insurance required by the paragraph for Bonds and Insurancc. certilicatcs of
inspection, marked-up record documents as may be required in the Contract Documents and othcr
documents, Contractor may make application for final paymcnt following the procedurc for progrcss
payments. The linal Application for Payment shall be accompanied (except as previously delivered)
by: (I) all documentation called for in the Contract Documcnts, including but not Iimitcd to the
evidcnce of insurancc requircd ,by paragraph for Bonds und Insurance, (ii) conscnt of thc surcty, if
any or if necessary, to final payment, and (iii) complete and legally effective releases 01' waivers
(satisfactory to Owner) of all Liens arising out of or filed in connection with thc Work. In lieu of
such rei cases or waivers of Liens and as approved by Owner, Contraetor may furnish receipts or
releases in full and an affidavit of Contractor that: (i) the rclcases and receipts include all labor,
services, material and equipment for which a Lien could be filcd, and (ii) all payrolls, material and
equipment bills and other indebtedness connected with the Work for which Owncr or Owner's
property might in any way be responsible have been paid or othcrwise satisfied. If any Suhcontractor
or Supplier fails to furnish such a releasc or rcceipt in full, Contrador may furnish a Bond or othcr
collateral satisfactory to Owner to indemnify Owncr against any Lien.
Prior to application for final payment, Contractor shall clean and remove from the premises all
surplus and discarded materials, rubbish, and tcmporal)' structures, and shall restorc in an acceptable
manncr all property, both public and private, which has becn damaged during the prosecution or the
Work, and shall Icavc the Work in u ncat and prcsentable condition.
Section /II
37
Revised 05/0 I
yramlvicw Tcrracc Truflic Cnlming and Stormwalcr Improvemcnts (lJ9-0023-EN)
'" ~....
14.7 FINAL PA Vl\lENT AND ACCEPTANCE - If through' no fnull of Conlructor, fmal
complction of the, Work is significantly dclaycd nnd if Engincer so con finns, Owner shall, upon
receipt .of Contmctor's finul ApplicHtion for payment and rccomll1cndation of Engineer, and without
tCInlinating the Agreement, make payment of the balance due for that p0l1ion of the Work fully
complcted and accepted. Iftlle remaining balance to be held by Owner for Work not fully completed
or corrcctcd is less than the retainage stipulated in the Agrcement, and if Bonds have bcen furnishcd
as rcquircd in paragraph for Bonds and Insurance, the written conscnt of the surety to the payment of
, the balance due for that portion of the ,Work fully completed and accepted shall be submitted by
Contractor to Engineer with the Application for such payment. Such payment shall be made under
,the terms and conditions governing final paymcnt, exccpt that such payment shall not constitute a .
waiver of claims. .
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[f on, the basis of Engincer's observation of the Work during construction and final inspection, and
Engineer's revicw of the final Application fo~ Payment and accompanying documcntation, all as
required by the Contract Documents, Enginecr is satisfied that thc Work has been completed and
Contractor's othcr obligations undcr the Contract Documents, have been fulfilled, Engincer will
indicate in writing his recommendation of paymcnt and prcsent the Application to Owner for
payment. Thercupon Engineer will give written notice to Owncr and Contractor that the Work is
acceptable subjcct to the provisions of this article. Otherwise, Engineer will rcturn the Application to
Contractor, indicating in writing the rcasons for rcfusing to recommend final payment, in which case
Contractor shall make the necessary corrections and resubmit the Applieation. If the Application and
accompanying documentation are appropriatc -as to fonn and substancc, Owner shall, within sixty-
five days ~fter receipt thercofpay contractor the amount recommended by Engineer.
I- ..
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. ,
14.8 WAIVER OF CLAIMS - The making, and acceptance of final payment will constitute:
a waiver of alt claims by Owner against Contractor, except claims arising fronnmsettled Liens, from
defective Work appearing al1er final inspection, from failure to comply with the Contract Documents
or thc temlS of any special guarantees specified therein, or from Contractorts continuing obligations
under thc Contract Documcnts~ and a waiver of all claims by Contractor against Owner other ~han
those prcviously ma~e in writing and still unsettled.
, .
15. SUSPENSION OF \VORK AND TERMINATION
15.1 OWNER MAY SUSPEND THE \VORK - At any time and without cause, Engineer may
suspend the Work or any portion thercof for a period of not morc than ninety days by notice in
writing to Contractor which will fix thc dutc on which Work will be resumed. Contractor shall
rcsumc the Work oil the date so fixed. Contractor shall he allowed an adjustment in thc Contract
Price or an cxtension of the Contract Times, or both, directly attributable to any such suspension if
Contractor makcs un approved claim thcrefor as provided in the articles for Change of Contract Price
and Change of Contract Time.
'.
Seel ~on III
38
Rcviscd 05(QI
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15. SUSPENSION OF \VORK AND TERi\IINATION CONTINUED:
15 . 2 OWNER MAY TERMINATE ~ Upon the occurrcncc of anyone or more of the following
cvents; if Contractor persistcntly fllils to pcrfonn the work in accordancc with thc Contract
Documents (including, but not limitcd to, failure to supply sufficicnt skillcd workcrs or suitable
materials or cquipment or failure to udhcre to the progress schedule as adjusted from time to time);
ifCo~tractor disrcgards Laws and Regulations of any public body having jurisdiction; ,
if Contractor disregards the authority of El1ginccr;
if Contractor, otherwise violates in any substantial way any provisions, of the Contract
Documents; or if the Work to bc done undcr this Contract is abandoned, or iftltis Contract
or any part thereof is sublet, without the previous written consent of O\yner" or if the
Contract or any claim thercunder is assigncd by Contractor otherwise than as. herein
spccified, or at any time Engincer certifies in writing to Owner that the rate of' progress of
, the"Work or any part thercof is unsatisfactory or that the work or any part thcreof is
uml.ccessarily or unreasonably delaycd.
Owner may, after giving Contractor (and the surcty, if any), seven days' writtcn notice and, to thc
extent permitted by Laws and Regulations, terminate the s,erviccs of Contractor, exclude Contractor
from the site and take possession of the Work and of all Contractor's tools, applianccs, construction
cquipment and machincry at the site and usc the same to the, full extent they could be used by
Contractor (without liability to Contractor for trespass or conversion), incorporate in the \Vork all
materials and equipment stored at the sitc or for which Owner has paid Contractor but which arc
stored elscwherc, and finish the Work as Owncr may deem expedient. In such case Contractor shall
not be entitled to receive any further payment until the Work is finished. If the unpaid balance or
the Contract Price exceeds all claims, costs, losses and damages sustaincd by O\\;ncr arising out of
or resulting from complcting the Work such excess wiII be paid to Contractor.
If such. claims, costs, losses and damages exceed such unpaid balance, Contractor shaH pay the
, difference to Owncr. Such claims, costs, losses and damages incurred by Owner will be revic\ved
by Engineer as to thcir reasonabl~ness and when so approved by Engineer incorporated in a Change
Order, provided that when,exercising any lights or remedies under this paragraph Owner shall not
be requircd to obtain the lowesl price for the Work pCrf0n11cd.
Where Contractor's services havc been so tcmlinated by Owner, the tcnnination will not affect any
rights orrcmcdics of Owner against Contractor thcn existing or which may thercafter accrue. Any
rctention or payment of moneys due Contractor by Owncr willnol release Contractor from liability.
Scclionlll
39 Rc\'iscd 05/01
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Grandvicw Tcrracc Traffic Calming and Slorl11walcr Improvcments (9t)~0023.Ej\J)
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15. SUSPENSION OF 'VORl( AND TERMINATION:
,,~,
15.2 OWNER MAY TERMINATE CONTINUED:
Upon seven days' written notice to Contractor and Engineer, Owncr may, without calise and
without prejudice to i.UlY othcr right or remedy of Owncr, elect to terminatc thc Agrecment. In such
case, Contractor shall be paid (without duplication ofany items): .
~...
t.'.....
for completed and acceptable Work executcd in accordancc with the COIltract Documcnts
prior to the effcctivc date of temlination, including fair and rcasonable slims lor ovcrhead
and profit on such Work;
....4
\ .
for expenses sustaincd prior to the effective date of tenllination in pcrfomling scrvic;.:es and
furnishing labor, materials or' equipment as rcquired by the Contract Documents in
conncction with uncompletcd Work, plus fair and rcasonable slims for overhead and profit
on such expenscs;
,.","'10
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for all claims, costs, losses and damages incurrcd in scttlcmcnt of tcrnlinatcd contracts with
Subcontractors; Suppliers and .othcrs; and for rcasonable expcnses dircctly atlributablc to
termination. '
t....'"
Contractor shall not be paid on account of loss of anticipatcd profits or revenue or other economic
loss arising out of or resulting from such termination. .
15.3 CONTRACTOR MAY STOP \VORK OR TERMINATE - If, through, no act or fault of
Contractor, the Work is suspended for a period of more than nincty days by Owncr or undcr an
order of court or othcr public authority, or Enginecr fails to act on any Application for Paymcnt
within sixty days after it is submitted or Owner fails for sixty days to pay Contractor any sum
finally determincd to be due, then Contractor may, upon sevcn days' written notice to Owner and
Engineer, and provided Owner or Engineer do not rcmedy such sllspcnsion or failure within that
time, terminatc the Agrcement lInd rccovcr from Owner payment on thc samc temlS as provided in
the article for Owncr May TCnllinatc. However, if the Work is suspendcd under an order of court
through no fault of the Owner, thc Contractor shall not be cntitled to payment. exccpt as the Court
may direct. In licu of temlinating the Agrcement and without prcjudice to any other right or
remedy, if Engineer has failed to act on an Application for Payment within thirty days aftcr it is
submittcd; or Owncr has failed for thirty days to pay Contractor any sum finally dctcnnincd to be
due, Contractor may lipon seven day's writtcn noticc to Owncr and Engincer stop the Work until
payment of all such amounts due Contractor. The provisions of this article arc not intended to
prelude Contraetor from ma~ing claim undcr paragraphs lor Changc of Contract Pricc or Change of
Contract Time or otherwisc for cxpenses or damage dircctly uttributablc to Contractor's stopping.
Work as pcmlittcd by this articlc.
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Section III
40
Revised OSlO 1
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16. DISPUTE RESOLUTION
If and to the cxtcnt thut Owner and Contractor have agreed on thc mcthod and procedurc for
resolving disputes between them that may arise under this Agreemcnt, such dispute resolution
method and procedurc will procced. If no such agreement on thc mcthod and procedure for
resolving such disputes has bcen reachcd, subject to the provisions of the article for Decisions on '
Disputes, Owner and Contractor may exercise such rights or rcmedies as eithcr Illay othcrwise havc
undcr the Contract Documcnts or by Laws or Regulations in rcspect of any disputc providcd,
however, that not thing hcrein shall rcquire a dispute to bc submittcd to binding arbitration.
17., MISCELLANEOUS
17.1 SUBMITTAL AND DOCU~lENT FORMS The fonn of all submittals, notices, changc
orders and othcr documents permitted or required to be used or transmittcd undcr the Contract
Docunlents shall be dctemtincd by thc Engineer subject to the approval of the Owner.
17.2 GIVING NOTICE - Whencvcr any provision of the Contract Documents rcquires thc giving
of written notice, noticc will be deemed to have becn validly given if delivered in person to the
individual or to a member of the finn 01' to an officcr of the corporation for whom it is intendcd, or
if delivered or scnt by registered or certified mail, postage prcpaid, to the last business addrcss
known to the giver ofthc notice.
17.3 NOTICE OF CLAIM - Should Owner or Contractor suffer injury or damage to person or
property because of any error, omission or any act of the othcr party or of any of the other partys
officers, employecs or agents or others for whose acts the other pany is lcgally liable, claim wi II be
made in writing to thc othcr party within a rcasonable time of thc first observance of such injury or
damage. The provisions of this paragraph shaIl not be construcd as a substitute for or a waivcr of
the provisions of any applicablc statute of limitations or rcposc.
17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED - Whencver rcfercnce is
made to "claims, costs, losses and damagcs," the phrase shall include in each case. but not. be
limited to, all fccs and charges of cnginecrs, architects, attorncys and other professionals and all
court or othcr dispu~e rcsolution costs.
17.5' ASSIGNMENT OF CONTRACT - The Contractor shaIlnot assign this contract or any part
thereof or any rights thcreunder without the approval of the Owner, nor without the consent of
surcty unless the surcty has waived its rights to notice of assignmcnt.
1"'.6 RENE\V AI.. OPTION - Annual Contracts issued through Public Works Administration may
be rcnewed for up to two (2) ycars, upon mutual conscnt of both the 'City and thc
Contractor/Vendor. .AlI ternts, conditions und unit priccs shall rcmain constant unlcss otherwise
specified in thc contract spccifications or in thc Invitation to bid. Renewals shall be madc at the
solc discretion of the City, and must be ugrecd to in writing by both parties. All rencwals tire
contingent 'upon the avuilubility of funds, and the satisfactory performance of the Contractor us
detcnnined by Publie Works Administration.
Section HI
, 41
Revised 0510]
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Granuview Terruce Trunk Calming and Slonnwalcr Impnwcl11ents (99-0023-EN)
Soctlon 01005
Scope of Work
1.
SCOPE OF 'YORK: GRANDVIE\V TERRACE TRAFFIC CALi\HNG AND
STORM\VATER IMPROVEMENTS (99.0023-It:N)
The work contemplated under this contract is the intersection improvements llnd traffic
calming features at Baker Avenue, Richards Avenue, Casler A venuc, Ridgewood Street,
& Palmetto Street. A ncw intcrsection system shall bc constructed consisting of two
large traffic roundabouts, three mini traffic roundabotits, four speed tables, and several
median islands as per the construction plans. All existing pavcment arcas, curbing, and .'
, ,some stoml sewer within the proposed intersection limits wi1l be removed. Proposed
work shall include construction of new stonn sewer within the intersection
improvements, replaccment and upsizing existing stoml sewer with the Drcw Street right-
of-way, concrcte curb and guttcr, sidewalks and ramps, pavement section, brick pavers.
intersection lighting, pennanent signing, pavcmcnt markings, irrigation system, and'
landscaping. All \vork to be perfonncd 10 City and Florida Dcpartment of Transportation
standards as shown on the attached plans and specifications prepared by the City of '
Clearwater Engineering Departmcnt.
A. BUILDING PERMITS - The Contractor shalL<;lbtain a City ofClcarwatcr Clcaring
and ,Grubbing pemlit prior to construction commencemcnt. Applications for the
pemlit shall bc coordinated by the Contractor and submittcd as soon as possible after
the award of contract so that the permit may be obtained as soon as possible.
Necessary drawings wiII be provided (or the Contractor's use.
,B. CLEARING & GRUBBING - Clearing and Grubbing shall include, but is not
limited to, cutting, chipping, removing and disposing of small trees Icss than 6-inch
diameter, stumps, brush hedges, roots, corduroy, logs, matted roots, other vegetation
and debris, the stripping and rcmoving of cxisting.ground covcr und organic material
for all construction, also the protcction of plant life, existing structures und
improvements not designated for removal, also the relocation of mail boxes and
'cxisting guardrail, also thc backfill, backlilling ofholcs.. Excess fill dirt shall be
storcd off sitc for future use by the City. Off site location for excess fill disposal will
be detemlined at the prc-construction confcrence.
C. PAVEMENT - Base and asphalt areas which are inacccssiblc to a rollcr (curbs,
manholcs, ete.) shall be compactcd by powcr driven tamps. All pavcment asphalt
shall be constructed in onc layer. Thc finished surface shall be uni fonn texture and
compacted; Asphalt to bc PC-] .
D. TRAFFIC AND ACCESS CONTROL - The Contractor must provide traffic .
control in an acccptable manner for pedestrian truffic to move uround the work areas.
The Contractor is to take any unct evcry neccssary effort to protect the safety of the '
work, workmen and general public from haml. Thc Contractor shall submit a traffic
c'ontrol plan to the City for upproval prior to construction COlllmCJ1CCmcnt. A
suggested construction sequcnce is provided in the plan sct. The contractor shall be
A:\01Q05 Scopo of Work.doc
01005-1
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Grandview Terrace Traffic Culming and SlonllWatcr Improvcmcnts (9()~0023-EN)
,.....
rcquired to provide trafrie control ill accorduncc \I,'ith r.D.O.T. Roadway and Trame
Dcsign Standards, January 2000 or latcst c(jition. and F.D.O.T. Standard
Specifications for Roads and Bridges. January 2000 or latest edition. Traffic Control
'procedures shall also be in compliance with the Manual on Unifonn Traffic Control
Devices (MUTeD) 200 I or lutcst edition.
.....
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CERTIFIED WORK ZONE TRAFFIC CONTROL SUPERVISOR. - T!lC City
rcquires that thc Supervisor or Foreman controlling thc work for the Contractor on the
Project ha've a CUlTcnt International Municipal Signal Association,' Work Zone Traffic
Control Safety Certification or Worksite Traffic Supervisor Ccrtification from the
American Traffic Safcty Association with additional current Certification from the
Florida Department of Transportation. The Certificd supervisor will be on thc Project
sitc at all times while work is being conducted. '
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E. STORAGE AREAS - Storage/Staging ofmatcrial is not pemlitled on site.
.. . ~...
F. CONTACT PERSON - For any needed inConnation contact'thc City Projcct
Manager, Mr. Ken Sides 727-562-4792.
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G. SCHEDULE OF \VORK, NOTICE TO PROCEED AND CONTRACT TIME-
Notice to proceed will be given to start work on the Grandview Terrace Traffic
Calming project upon execution of contract. One Hlllldrcd and fi fiy days (150) will
be allowed for construction. .
H. RECORD DRA \VINGS - The Contractor shall provide a set of marked "record"
construction drawings and an electronic as-built survey of all work prior to final
payment.
. "
I. EROSION CONTROL - The Contractor ~vill be requircd to place sediment traps,
such as hay bales'around all storm inlets within the scope oflhe projcct and to
maintain them until thc project is completed. The Contractor is to perform all
construction activity so as to prevent soil erosion into adjacent roadways or drainage
features in accordance with City standards. "
\,....
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J. SOUTHWEST FLORIDA \V A TER MANAGEMENT DISTRICT PERMITS-
This project is being cvaluatcd by SWFWMD. Thcir response is pcnding. Copics of
the permit will be supplied to the Contractor at the pre-construction conference.
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K. FLORIDA DEPARTMENT OF TRANSPORTATION PERMIT - The stonll
. sewer work within the Drew Street Right-of-Way requires a Drainage Connection und
Statc Highway Access Connection Permit. Copics of the F.D.a.T. pennits will be
supplied to the contractor ut the pre-construction conference.
L. TREE REMOV At AND BARRICADES - Trees shall not be rcmovcd unless
, specifically taggcd for removul by the Enginecr. Trce bUlTicudc construction,and'
muintenance will be the responsibility oCtile Contructor. City Purks Division will
A:\01005 Scopo of Work.doc
01005-2
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Grtmdvicw Terrace Trnnic Culming and Slormwatcr Improvements (99-0023-EN)
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root prune existing trees to, rcmain in place either in advance of construction or in
coordination with the Contractor's work schedule.
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M. VIDEO TAPE":' Video taping of the construction urca willmude by the City crews
prior to start of construction. '
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N. WORK ITEM PAYMENT - Work for which a speci lic pay item is not provided
should be includcd in the most appropriate pay item g~ven.
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O. OVERTIME INSPECTION - Note that the Engineering Division does not have
sufficient funding t~ allow for normal overtime inspection. If rcquired, the
Contractor will be charged $40.00 per hour for construction inspection. Contractor is
encouraged to do anything, which requires immcdiate inspcction during nonnal ' '
working hours. Contractor may work OIl itcms; which do not rcquire immediate be
inspection at his discretion.
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P. UNDERGROUND UTILITIES,- All underground utilities shall be located by the
Contractor prior to construction. Relocation and rl1staIIa~ion of new utilities, if
necessary, will be by others. '
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Q. PALMETTO ROUNDABOUT - The construction of the roundabout intersection at
PalmettoStreet,and Casler Avenue shall occur durin'g the school summer break
period between June 5, 2092 through August 7, 2002. ' The Contractor's project
construction schedule will need to indicate that a11 construction operations within the
" limits ofthis intersection will be completed prior to school commencing for the Fall
, ,Session.
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Grandview TcrrJcc Traffic Calming undStonmvntcr Improvements (99-0023-EN)
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PROJECT: Grandview Terrace Traffic Calming (GT-OI0600) ,
SECTION IV - 1. SCOPE OF \VORK (continued)
, The following Articles of tbe Technical Specifications will apply to this contract if
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, I' -) marked "X" as shown below:
'.., ARTICLE DESCRIPTION
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ART. R
1. X
2. X
3. X
4. X
5. X,
6. X
7. X
8. 'X
9. X
10. X
11. X
12. ' X
, 13.
14. X
15. X
16. X
17. ,X
18. X
19; X
20.'
21. X
22. X
23. X
24.
,25. X
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28. X
29. X
30. X
31. X
32.
33. X
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A:\01005 Scope 01 Work.doc
Scope of Work
, Construction Staking - a. Line & Grade & As-Bunts by Contractor
b. Line, Grade & As-Builts by City
Definition of Terms
Order and Location of Work .
Excavation of Underground Work
Concrete .
Excavation and Forms for Concrete Works
, Reinforcement for Concrete
, Obstructions
Restoration or ~eplacement of Curbs, Driveways, Sidewalks, and Pavement
\Vork in Easements & Parkways
Dewatering ,
Sanitary - Manholes
Backfill
Street Crossing
, Raising or Lowering of Sanitary Sewers, Storm Drainage Structures
Unsuitable Material Removal
Underdrains
Storm Sewers
Sanitary Sewers & Force Mains
Drainage
Roadway Base & Sub grade
Asphaltic Concrete Materials
Asphaltic Material (Adjust Bid Price)
General Planting Specifications a. LANDSCAPING X
b. LIGHTING X
c. IRRIGATION X
d. PUMP & WELL
HDPE Deformed/Reformed Pipe Lining
Plant Mix Driveways .
Reporting ~fTonnage of Recycled Materials
Concrete Curbs
Concrete sidewalks
Sodding
Seeding
Storm Manholes, Inlets, Catch Basins, or other Stonn Stmctures
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34. X,
35. X
36. X
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39. X
'40. ,X
41.
42.
43.
43a.
'44: X
X
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46.
47. '.
48.
49.
50.
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52.
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Material Used
Conflict Between Plans and Specifications
, Street Signs ,
AudioNideo Taping of Construction Work Areas
a. Not Required X
b. Contractor
Erosion and Siltation Control
Utility Tie-In Location Marking
Award of Contract, Work Schedule and quarantee
Water Specifications
,Gas Specifications '
Tennis Courts
Clay'Tennis Courts
Work Zone Traffic Control
" Certified Work Zone Supervisor
, ,: Cured-In-Place Pipe Lining
, Polyethylene Sliplining
Polyvinyl Chloride Ribbed Pipe
Gunite Specifications, '
Sanitary and Storm Matlhole Liner Restoration
, Project IrifomlBtion Sign
In Line Skate Surfacing System
Residents Notification
u. City
b. Contractor
X',
Gabions and Mattresses
Lawn Maintenance Specifications
Milling Operations '
Clearing & Grubbing
RipRap
TIME: 150 DAYS
01005.5
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Line and grade shall be performed by the Contractor.
Bench marks to ,be used shall be those as shown on the
plans. Control points, (for alignment only} shall be
established by the Engineer. 'Contractor shall submit
cut sheets for all underground work 24 hours in advance
of commencement of the work for checking., Checking of,
cut-sheets does not: relieve the Contractor of' 'any
responsibilities for any errors or conflicts whatsoever.
cut ~heets shall be submitted in' triplicate.
Line and grade shall ,be performed by the City. At the
completion of all ,work, the contractor shall be,
responslble,to have furnished to the project inspector a
replacement of the wooden lath and stakes used in the
copstruction of this project. Excessive stake
replacement caused by negligence of Contractorts forces,
'after initial line and, grade' have been set, as
I .determined by the City, Engineer, will be charged to the
Contractor ~t the rate of $75.00 per hour. Time shall
be 'computed, for actual time on" the proj ect . All 'time
shall be. computed in one hour increments. Minimum
charge i5'$75.00.'
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3. DEFINITION ,OF TERMS:
For the purpose of these Technical Specifications the following
definition of terms shall apply: :
Of...
INSPECTOR: .
City of Clearwater,' Pinellas County, FL.
The City Engineer' of the City of Clearwater,
Pinellas County, Florida, or his authorized
representative.
The person, firm or corporation with whom this
contract' or agreement has been made by the City
of 'Clearwater or its duly authorized
representative.
An authorized representative of the city
Engineer of Clearwater, assigned to make
official inspections of the material furnished
and the work performed by the Contractor.
The Standard Specifications for Road' and Bridge
Construction dated 1994 (English Edition) as
issued by the Florida Department of
Transportation, or most recent English edition.
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,CITY:
ENGINEER:
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CONTRACTOR:
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F.D.O.T~
SPECIFICATIONS:
A.A.S.H.T.O. ,
Hot Bituminous, Mixtures, 'Plant Methods, ,
Equipment, Construction Methods by pinellas
County Public Works Department, June, 1997.
American Association of State Highway
and Transportation Officials.
p,
, PINELlAS COUNTY
SPECIFICATIONS:
A.W'.S. :
American Welding'Society
.'
A.B.A.:
American Society for Testing Materials
American Standards Association
A.S.T.M. :
A.W~W.A.
O.S.H.A.
American National Standards Institute
American Water 'Works Association
.....
A~N.S.I.
"
Occupational Safety & Health
Administration
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3. Definition of terms continued:
REPRESENTATIVE OF CONTRACTOR: The Contractor shall assign a
.responsible person or persons, one of whom shall be at the
construction' site at all times that work is progressing. The
names and positions of these persons shall be submitted to the
City Engineer at the time of the pre-construction conference.
This person or persons, shall not be changed without written
approval of City Engineer.
, EST~TED QUANTITIES: The Contractor's attention is called to
the' fact that the estimate o~ qUantities as shown on the
'Proposal Sheet is approximate and. is given. only as a basis of
calculation upon which the award of the contract is to be made.
The City does not assume any responsibility that the final
quantities' will remain in strict accordance with estimated
quantities nor shall the contractor plead misunderstandings or
deception because of such estimate of quantities or of the
character or location of the work or of other conditions, or
situations pertaining thereto.
'ORDER AND LOCATION OF THE WORK: The City reserved the right to
accept and use any portion of the work whenever it is considered
to the public interest to do so. The Engineer shall have the
power to direct on what line or street the Contractor shall work
and order thereof.
S. EXCAVATION FOR UNDERGROUND WORK: The contractor is responsible
to take all necessary steps to conduct all excavation in a
manner which provides for the successful completion of the
proposed work while at all' times maintaining the safety of the
workmen, the general public and both public and private
property. The contractor's methods of work will be consistent
with the standard practices and requirements of all appropriate
Safety Regulatory Agencies, particularly the Occupational Safety
and Health Administration (OSHA) requirements for excavation.
Unless otherwise specifically stated in these plans and
specifications, the methods of safety control and compliance
with 'regulatory agency safety requirements are the full and
complete responsibil~ty of the contractor.
For the purposes of the Contractor's safety planning in the
bidding process, the contractor is to consider all excavation to
be done in the performance of this contract to be in soil
classified as OSHA "Type cn. The Contractor's attention is
called to specific requirements of OSHA for excavation shoring,
employee entry, location of excavated material adjacent to
excavation, the removal of water from the excavation, surface
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5. Excavation for underground work continued:
encumbrances and in particular the. requirement of a "Competent
Person" to control safety operations. The Contractor will
identify his Competent Person to City staff at the start of
construction.
City staff are required from time to time to perform inspections,
tests, survey location work, or other similar activity in an
excavation prepared by the contractor. City ,staff in conformance
with the OSHA Excavation Safety Requirements are to only enter an
excavation in compliance with these OSHA standards. The City's
staff reserve the option to refuse entry into the Contractor's
excavation if, in the opinion of ,the City's staff, the entry into
the Contractor's excavation is' unsafe or does not conform OSHA
requirements. If, this circt.U11stance occurs, the contractor must
either provide the necessary safety requirements or provide
alternate means for the accomplishment of the City's work at the
Contractor's expense.
The restoration quantities, if any, contained in the bid proposal
for this contract to not contain sufficient quanti ties to allow
the contractor to perform excavation work using strictly. the
"open cut" method whereby no shoring systems are used and trench
side slopes are cut to conform to OSHA safety requirements
wi thout a shoring system. In addition to safety reasons, the
Contractor is required to use excavation and trench shoring
methods in compliance with all safety requirements which allow
the Contractor to control the amount of restoration work
necessary to complete the project.
Not more than one hundred (100) feet of trench shall be opened at
one time in advance of the completed work unless written
per.mission is received from the Engineer for the distance
specified. For pipe installation projects, the trench shall be
six (6) inches wider on each side than the greatest external
horizontal width of the pipe or conduit, including hubs, intended
to be laid in them. The bottom of the trench under each pipe
joint shall be slightly hollowed, to allow the body of the pipe
to rest throughout its length. In case a trench is excavated at
any place, excepting at joints, below the grade of its bottom as
given, or directed by the Engineer, the filling and compaction to
grade shall be done in such manner as the Engineer shall direct,
without compensation.
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6 . CONCRE TE :
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The minimum strength of concrete used shall be 3000p.s.i. at 28
days, unless otherwise noted on the plans. The' cement shall
compare to the A.A.S.H.T.O. Specifications for Portland Cement
, (A.A. S. H. T. O. MaS and shall be Type I). The aggregate shall
compare to the A. s. T .M. Specifications for aggregate (ASTM
Specifications for Concrete Aggregates Designation C-33). If
ready-mixed concrete is used, it shall be mixed and delivered in
accordance to A.S.T.H. Designation C-94) .
The concrete shall be thoroughly tamped or vibrated in the forms
during pouring, dusting shall not be permitted. Provisions for
curing concrete shall ,he such that the concrete shall be kept in
a moist condition for at least five (5) days after placement.
All concrete work shall be protected from damage by the elements
or other causes uritil acceptance of the work~
The' slump for all concrete shall be between 3" to 5" and slump
tests will be made as required by, the Engineer or his
representative.
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All c~ncrete shall be tested in the following manner. A set of
'three cylinders shall be made for each 50 cubic'yards of concrete
or part thereof, incorporated into the job or for each day's
pour. To determine strength, each set of cylinders shall have
, compressive breaks performed at 7 and 28 days with one option and
expense may have the concrete. re-tested by coring or other
approyed means. If the concrete then does not meet the required
strength, ,the Engineer, at his option can have the concrete
removed and replaced or left in as part of the work, or deny any
compensation to the Contractor.
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Concrete test cylinders will be made on the proj ect site and
subsequently used to perform tests of compressive strength by the
Engineer or his authorized representative.
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Excavating for concrete work shall be made to the required depth
of the subgrade or base upon which the concrete is to be placed.
The base or subqrade shall be thoroughly compacted to a point 6"
outside said concrete work before the forms are placed. Concrete
shall be poured "in the dry".
FORMS: Forms for concrete work shall be either wood or metal
(except curbs, metal only, unless by written permission from
Engineer). They shall be free from warps or bends, shall have a
depth equal to the dimensions required for the, depth of the
concrete deposited against them and shall be of sufficient
'strength when staked to resist the pres~ure of, concrete without
moving or springing.
When required, reinforcement, shall be placed in the concrete
work. 'Bar reinforcement shall be deformed: ASTMA-A 615, steel
shall be billet Intermediate or Hard Grade: Rail Steel
A.A.S.H.T.O. M42. Twisted Bars shall not be ,used, Fabric
Reinforcement shall conform to the requirements of AASHTO M55
(ASTM' A18Si . Welded deformed steel wire 'fabric for Concrete
reinforcement shall meet the requirements of AASHTO M 221 (ASTM
A497) . Epoxy coated reinforcing Steel Bars shall meet ASTM
, 77S/A77 M-86 requirements.
BASIS OF PAYMENT:
7. EXCAVATION AND FORMS FOR CONCRETE WORK:
8. REINFORCEMENT:
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Reinforcement shall not be paid for separately. The cost of such
work shall be included in the contract unit price for the item of
work specified.
Any pipes, conduits, wires, mains,' footings, driveways, or other
structures encountered shall be carefully protected from injury
or displacement. Any damage thereto. shall be fully, promptly,
and properly repaired by the Contractor to the satisfaction of
the Engineer" and the, owner thereof. Should it become necessary
to ,change the position of water or gas or other pipes, sewer
drains, or poles, the Engineer shall be at once notified of the
locality and circwnstances, and no claims for damages 'arising
from the delay in adjusting the pipe, sewer drains or poles shall
,be made. Failure of the plans to show the location, nature or
extent of any existing structures or obstructions shall not be
9. OBSTRUCTIONS:
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9. OBSTRUCTIONS CONTINUED:
the basis of a claim for extra work. Any survey monument or bench
mark which must be disturbed shall be carefully referenced before
removal, and unless otherwise provided for, shall be replaced
upon completion of the work by a registered land surveyor. Any
concrete removed due to construction requirements shall be
removed to the nearest expansion joint or by saw cut. Contractor
shall consult Inspector for the approved means.
10. RESTORATION OR RtP~EMENT OF DRIVEWAYS, CURBS, SIDEWALKS AND
STREET PAVEMENT:
Driveways, sidewalks, and curbs destroyed or damaged during
construction shall be replaced and shall be the same type of
material as destroyed or damaged, or to exi5ting City Standards,
whichever provides the stronger repair. All street pavement
destroyed or damaged, shall be replaced with the same type of
material as was destroyed or damaged, to existing City Standards.
If existing base is marl, etc., then base shall be replaced with
lime-rock or shell. All replaced base shall be a minimum a"
compacted thickness or same thickness as base destroyed, if over
a" and compacted to 98~ of maximum density per AASHTO T-180.
Unless called for in the proposal as separate bid items, cost of
the above work including labor, materials and equipment required
shall be included in the bid price per lineal foot of main or
square yard of base.
The bid price for street pavement, restoration or replacement
when called for in the proposals, shall include all materials,
labor and equipment required to complete the work, and shall be
paid for on a square yard basis. When replacement is over a
trench for utilities, the area of replacement shall be limited to
twice the depth of the cut plus twice the inside diameter of the
pipe. Allover this will be at the Contractor's expense.
The' bid price for restoration or placement of driveways, curbs
and sidewalks, when called for in the proposals, shall include
all materials, labor and equipment required to complete the work
and shall be paid for on the basis of the following units:
Driveways, plant mix - per square yard: concrete - per square
foot; curbs - per lineal foot; sidewalk 4" or 6n thick - per
square foot. Concrete walks at drives shall be a minimum of 6"
thick,and reinforced with 6/6 X 10/10 WWM (See Section 8).
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11. WORK IN EASEMENTS OR PARKWAYS:
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Restoration is an'important phase of construction, particularly
to~residents affected by the construction progress.
The Contractor will be expected' to complete restoration
, Activities within a reasonable time following primary
construction activity. Failure by the Contractor to accomplish
restoration within a reasonable time shall be justification'for a.
temporary stop on primary construction acti vi ty or a' delay in
,approval of partial payment requests;
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Reasonable care shall be taken for
Contractor shall replace all shrubbery
during ,construction. No separate payment
work~ '
existing shrubbery.
removed or disturbed
shall be made fer this
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The "contractor shall make provision and be 'responsible for the
supply of all water I if needed, on any and. all phases of the
contract work. The contractor shall not obtain water from local'
residents or businesses exceot as the' contractor' shall obtain
writtenper.mission. .
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Reuse water is available for the Contractor's use without charge
~rom the City's wastewater ireatment plants, provided the water
is used" on City of Clearwater contractual work. Details, for
Contractor to obtain and, reuse water from, the treatment plants
,will be cO,ordinated at the pre-construction conference. The
Contractor's use of reuse water. must conform to all regulatory
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12. DEWATERlt:lG:
,Unless "specifically authorized by. the Engineer, all pipe, except
subdrains, shall be l~l.id II in the 'dry". The' contractor shall
de~ater trench exc~vation as required foi the proper execution of
the work, using one or more of the following approved m~thods:
well p'oint system, trenched gravity underdrain system, or' sumps
with pumps.
Well point systems must be efficient enough to lower ,the' water
level in advance of the excavation and mai,ntain it continuously
in order that' the trench bottom and sides shall remain firm and
reasonably dry. The well points shall be designed especially for
this type 'of service, and the pumping unit used shall be capable
of'maintaininq a high vacuum, and at the same time, of, handling
large volumes of air as well as of water. .
The Contractor shall be respo1'lsible for disposing of all water
, resulting from trench, dewatering operations, and shall dispose of
the water without d~age or undue inconvenience to the work, the
surrounding area, or the general public. 'He shall not dam,
diver,t, or cause water to flow in excess in existing' gutters,
pavements or other structures: and to do this he may be required
to, conduct the water to, a sui table place of discharge may be
determined py the Engineer.
The cost of dewatering shall be 'included in ,'the unit price bid
per lineal foot of pipe, or, in the case of other underground
structures, in the cost of such structures. '
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13. SANITARY MANHOLES:
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A. BlJIL T -UP TYPE: Manholes shall be constructed of brick with cast iron frames and covers as
shown on the 'drawings. Invert channels shall be conSlrlJcted smooth and semicircular in shape
conforming to insid~ of adjacent sewer section. Changes in direction of flow shall be made in a
. smooth curve of as large a radius as possible. Changes in size and grade of channels shall be made
gradually and evenly.' lnvert channels shall be formed by one of the following methods: fonn
directly into concrete manhole base, build-up with brick and mortar, lay half tile in concrete, or lay
full section of sewer pipe through manhole and break out. top halfofpipe.
. . The n:tanhole floor outside of chan~els shall be made smooth and sloped toward channels.
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Free drop in manholes from inlet pipe invert to top of nOOl' outside the channels shall not exceed
twenty-four inches.
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Standard Drop Manholes shall be constl1Jcted wherever free drop exceeds twenty-four inches.'
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Manhole steps shall not be provided Joints shall be completely filled and the mortar shall be
. smoothed from inside of manholes.
The,entire exterior of brick manholes shall be plastered with one-half inch of mortar.
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Brick used may be solid only. Brick shall be laid radially with every sixth course being a stretcher
course,
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B. PRECAST TYPE:
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Precast Sanitary Manholes shall contbnn to this speciticntion unless otherwise approved by the
City Engineer.
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AASHTO M:-8S Type II cement shall be used throughout with ,a minimum wall thickness of 5
inches. The precast sections shall contonll to ASTM C-478 latest revision. Section joints shall be
a tongue ,and groove with Itram-necku gaskel or "0" ring lO provide a water tight joint. Minimum
concrete strel1gth shall be 4000 psi at 28 days.
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'13. SANITARY MANHOLES
B. PRECAST TYPE (continued):
Three sets of shop drawings and location inventory shnll be submitted to the City Engineer for
approval. Approval of, shop drawings does not relieve contractor of responsibility for
. compliance to these specifications unless letter from contractor' requesting specific variance is
approved by the City Engineer.
Location inventory submitted ~vi[h shop dra'wing shall detail parts of manhole per manhole as
numbered on the construction plans. All manhole parts shall he numbered or lettered before
bdng sent to' the job', site to pennit proper construction placement. A pl~n or list of the
~umbering system shall be present on the job site when manhole components are delivered.
Precast manhole dimensions, drop entry, grout flow of channel. etc., shall be as shown on Cily of
Clearwater. Engineering Detail #302 Sheet 20f3. I,"
Manhole sections shall be rejected if abused during shipping or placement and if pipe openings
are not properly aligned. The "break-inn to pre~ast manholes for pipe entry will not be aJlowed. ....,
The manhole base shall be set on ,a pad of A-I or A~2 Classificati9n, soil approximately five (5)
inches thick to secure proper seating and bearing. '
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Between the top of the manhole cone and the manhole cover frame. four layers of manhole brick
are to be placed and coated as specified in manhole coatings. The intent in the placement' of
brick is to accommodate future grade changes without disturbil1g the manhole.
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c. " DROP MANHOLES:
, Standard drop inlets to manholes shall be constructed of commercial pipe. fittings and specials as
detailed on the drawings.
D. ' , FRAMES AND COVERS:
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Manhole frames and covers shall be set in a full bed of mOl;ar with the top of the cover flush
with or higher than finished grade as directed. Refer to Detail' 301.
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E. MANHOLE COATINGS: '
The exterior and interior of all bllilt.up manhal~$ shall be coated with two coats, of bitulllastic
'black solution 300 M as manulhctured by Koppers Company. Inc. or approved equal. Interior of
built.up manholes which I~ave sewers ~nteril1g with a tree drop or which receive discharge from
, a force main shall have the inside plastered with V2 inch of groUI and coal cd as precast manholes
below.
The exterior and interior of all precast manholes shall be coat cd with at least 15 mils dry thickness
of PRO CO EP-214. 351 Epoxi-Mastic as manufactured by Protective Coatings Inc.
F. CONNECTIONS TO MANHOLES:
Connections to existil1g sanitary manholes llsing approved rye ,sewer main shall be made with a,
manhol~ adapter coupling by Flo Control. 1.11C.. or approved watcr sfop coupling. ' ,
,14. BACKFILL:
Material for backfill shall be carefully selected ITom the excavated material ,or from other sources
as may be required by the Engineer. Such material shall be granular, free from organic matter or
debris, contain no rocks or other hard fragments greatcr than 3" in the largest dimcnsio,n and all
fill shall be similar material.
Backfill placed around pipes 'shall be carelully placed around the sides and top of pipe by hand
shovels' and thoroughly compacted to 12" above the pipe by tamping or other suitable means.
Backfill under all types of paving shall be compacted in layers not to exceed J 2" in thickness
'unless- alternate method is approved by lhe Engineer. Backfill shall be a minimum of 98%
compaction as detcnnined by the modified Proctor Density Tcst to the bottom of pavement.
Backfil1 outside of pavement areas shall be compacted the fi.lll depth to the ground surface to a
mirumum of95% compaction of AASHTO T -189 Standard Density Test.
The cost of backfill shall be included in the unit price bid per lineal foot of the pipe. or. in the
case of other underground structures. in the cost of such stl1lctl~re.
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15. STREET CI~OSSINGS. ETC.:
At such crossings, and other' points as may be dircctcd by the Engineer, the trenches shall be
bridged in an open and secure manner. so as to prevent any serious intemlption of travel upon
the roadway or sidewalk. and also to atlb,rd necessary access to public or private premises. The
material used, and the mode of constnlcting said bridges, and the approaches. thereto. must be
satisfactory to the Engineer,
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'The cost orall such \vork Olllst be included in the cost of the trench excavation.
16. RAISING OR LO\VERING OF SANITARY SE\VER, STORM DRAINAGE
STRUCTURES: '
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Sanitary Sewer or Storm Drainage Stnlctures shall be' raised or lowered a,s indicated on the plans
or as indicated by the Engineer. "
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BASIS OF PAYMENT: Payment. unless covered by a bid item. shall be included in the cost of
the work.
17.
UNSUITABLE MATERIAL REMOVAL:
All unsuitable material. such as muck. clay. rock. etc., shall ,be excavated and removed from the
site. All material removed is property of the Contractor who shall dispose of said material otf-
, si~e at his expense. The limits of work shall either be shown 011 the plans or determined by the
Engineer or the Construction Division Representative in the field.
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BASIS OF MEASUREMENT: The basis of measurement shaIl be the amount orcubic yards
of unsuitable muterial excavated and replaced with suitable material'as determined by either cross
sections of the excavation. tnlck measure. or lump sum as specified in the Scope of the Work
and Contract Proposal.
, BASIS OF PAYMENT: The unit price for the removal of unsuitable material shalUnclude: all
materials, equipment. tools. labor, disposal. hauling. excavating, dredging. placing, compaction.
dressing surface and incidentals necessary to complete the work. If no pay item is, given, the'
removal of unsuitable material'shall be included in the most appmpriate bid item.
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18. UNDERDRAINS:
, The Contracto'r shall construct sub.surfacc drainage pipe as directed in' the Contract Scope of
Work and detail drawings contained in the Project construction plans. ln general, UTldcrdrain
pipe shall be embedded in a bed of #6 FOOT crushed aggregate, located ~ehind the back of
curb and aggregate surface covered with a non-degradable fibrous type filter material. A #57
aggregate may be used in lieu of#6 jfit is washed and screened to remove fines., The aggregate
'may be stone, slag or crushed gravel. Unless otherwise noted on the plans, underdrain pipe
shall be 8" diameter, polyvinyl chloride pipe, in conformance with ASTM F-758 "Standard
Specification For Smooth Wall pye Underdrain Systems for Highways". latest revision,
, minimum stiffness of 46 in conformance with ASTM ,D2412, perforation~ in conformance with
AASHTO M-189 described in FDOT Section 948-4.5 or latest revision and iricontormance
with ASTM D3034 - SDR 35.
Alternate acceptable underdrain pipe material is Contech A-2000 which. i!; a rigid PYC pipe
exceeds ASTM Specifications 01784, minimum cell classification of 124548 or 12454C,
manufactured per ASTM F949.93a, minimum pipe stiffness of 50 psi, with no evidence of
splitting, cracking or breaking when pipe is tested in accordance with ASTM D24l2 at 60%
flatting and with double gasketed joints.' " ,
Underdrain pipe placed beneath existing driveways and roadways shall be non-perforated pipe
with compacted backfill. All poly- chloride pipe which has become deteriorated due to
exposure to ,ultra violet radiation shall be rejected. Where ductile ,iron pipe is specified, pipe
material shall be the same as specified for potable water pipe in these technical specifications.
All underdrain aggregate shall be fully encased in a polyester filter fabric usock" (Mirafi 140-N
, or approved equal) per the construction detail drawings.,
BASIS OF MEASUREMENT: Measurement shall be the number of lineal feet of 811 Sub-drain
in place and accepted.
BASIS OF PAYMENT: Payment shall be the unit price per lineal foot for sub-drain as measured
above, which shall be full compensation for all work described in this section of the specifications
and'shall inClude all materials, equipment. and labor necessary to complete the work.
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19.
STORM SE\VERS:
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All stonn drain pipe installed within the City of Clearwater shall be reinforced concrete
unless otherwise specified or approved by the City Engineer. Said pipe shall comply
with Section 941 of the currcnt FOOT SpeciHcatiol1s.
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All elliptical reinforced COl1crete pipe joints shall be wrapped with Mirafi 140N filter
fabric or equivalent (as approved by the City Engillt:er). All round reinforced concrete
pipe joints under pavement. driveways and sidewalks shall be wrapped with Mirafi
140N filter fabric or equivalent (as approved by the City Engineer. The fabric must be'
a minimum of 30" in width and be centered on the pipe joint. The cost for al1 pipe joint
wrapsshalJ be included in the'unit price for the pipe.
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, All pipe. just before being lowered into a trench. is to be inspected and cleaned. If any
difficulty is found' in the fitting the' pieces together. this fitting is to be done on the
. surface of the street before laying the pipe. and the tops plaillly marked in the order in
which they are to be laid. No pipe is to be trimmed or chipped to fit. Each piece of
pipe is to be solidly and evenly bedded. and not simply wcdged up, Before finishing
each joint. some suitable device is to be used to find that the inverts c,oil1cide and pipe is
clear throughout.
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AS-BUILT INFORMATION: Tht: Contraclor' shall submit to the Engineer the
'stations and left or right offsets of all manholes, inlet stnlctures and tenninals ends of
subdrains. as measured from the nearest dO\vl1strcam manhole along the centerline of
the sewer alol1g with the elevations of the ilOrth edge of manhole cover, inverts of all
pipe in stnlctures. and the flow line of inlets. (GtllIer)
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TESTING: The Contractor shall take all precautions to secure a perfectly watertight
, sewer under all conditions. The watel1ightness uf a sewer which has a crown'lying
below groundwater level may be tested by measuring the infiltration. The,
watertightness of sewers having crowns lying above groundwater level may be tested
by filling the pipe with water so as to produce a hydrostatic head of two teet or more
above the crown of the sewer at the upper end of the test section of the water table
outside of the sewcr, whichever is higher. and then measuring the exfiltration. In no
case shall the infiltration or exfiltration exceed 150 gallon per inch of diameter per mile
per day. The Contractor shall furnish all labor. materials and equipmcnt to test the
amount of infiltratiol1 or exfiltration under the Enginecr's direction. Where the
infiltration or exfiltration is excessive the Contractor at his own expense shall take the
necessary steps to remedy Stich conditions by uncovering the sewer. rcmaking thc
, joints ,or. by replacing the entire length of sewer as required by the Engineer. No trench
, made joints may be backfilled tlllIil aileI' they hnvc been tested and found to be
acceptable, Care shall be tnken to avoid notation.
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19. STORM SE\VERS:
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TESTING (Continued):
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, The ,above tests shall bc perfomled at the discretion of the Engincer on any or all
sections of the 'line. " "
BASIS OF PAYMENT: ' Payment shall be the unit, price per Iincal foot for storm
sewcr pipe in place and accepted. measured along the centerline of the stoml sewc'r
pipe to the inside face of exterior .walls of storm manholes or drainage structures and to
, the outside face of endwalls. Said unit price includes ail work required to install the
'pipe (i.e. a1l ,naterials, ~quipment: filter fabric wrap. labor and incidentals, etc.).
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'20. SANITARY SE\VERS AND FORCE MAINS:
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A. Materials:
Gravity Sewer Pipe shall be Polyvinyl Chloride or Ductile Iron,
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Polyvinyl chloride pipe and fittings shall confonn with ASTM specification D~3034 for
S,D.R. 35. ,The pipe shall be plainly marked with the above ASTM'designation. The
,bell end of joints and fittings shall have a mhber sealing ring to provide a tight flexible .
, seal in confonnance with ASTM D.. 3212-76. The laying lenb'th of pipe joints shall be
a maximum of 12.5 feet.
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'. Unless otherwise noted in these specifications or constntction plar~s, Ductile Iron pipe
and fittings for gravity sewer shall confonn to Section 41 of ,these Technical
Specifications for DIP water main except pipe' shall be interior "polylinedtl in
accordance with manufacturer's recommendations. Where sanitary sewer main is to be
placed hetween building lots in a sideline easement, the sewer main shall, insofar as
possible, be constructed without manholes or lateral connections within, the side
easement. The pipe material in the side easement between streets shall be C-900, SDR
18 polyvinyl chloride water main pipe as d~scribed in Technical Section 41.
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FORCE MAIN: POLYVINYL CIILorUDE 'Ol~ DUCTILE IRON
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Unless otherwise noted ill the speciti~atiol1s or 'collslI1lction plans, both polyvinyl
chloride and ductile iron tbrce main 'pipe and fillings shall confornl to Section 41 of '
these Technical Specifications tor water 11lain pipe except that DIP shall be "polylined"
in accordance with manuf.1ctllrcs recommendations,
All polyvinyl chloride pipe which has becolne'deteriorated due to expo'sure to ultra
violet radiation shall be rejected.' '
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B.
INSTALLATION
GRA VITI' SE\VER PIPE:
Installation of gravity sewer pipe shall be ill confonllance with recol11mended practices
contained in ASTM D-2321 Rnd'Unibell UNI-B-S; .
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The bottom trench width ill an lInsllpponed trench shall be limited to the minimum
. practicable width allowing working space to place and cOlilpact the haunching material.
The use oftrcl1ch boxes and movable sheeting shall be performed in such a manner that'
removal,' backfill and compaction will not disturb compacted hallnching material or
pipe alignment.
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Dewatering.of the trench bot.tom shall be accomplished using adequate means to al10w
preparation of bedding, placement of the haunching material and pipe in the trench
without standing water. Dewatering shall continue until sufiiciellt backfill is placed
above the pipe to prevent notation or misnlignment.
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Where pipe bedding is insutlkicnt to ndequately suppon pipe, the contractor will be
required to remove unsuitable malerial nnd bed pipe in Class I material (112" Dia.
, aggregate) to provide linn s.uppon of pille,
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- INSTALLATION GHA vrn' SE\VER PI PE continued:
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" Connections to manholes \vith sanitary pipe shall use 'a joint i fcet in length and' shall
use an approved water stop arou'nd pipe joint entry.
'The laterals shown on the plans do nOI necessarily renect exact locations, The
, cont~actor is required to locate all c:-:istinglatcrals for reconnection and to coordinate
with the constructio~ inspector the location of ~lIl1ew laterals, .
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. FORCE MAIN PIPE:
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installation, of force mail1 pipe shall be in confommnce with Section 4 I of these
Technical Specifications for watcr main pipe:
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, C. .AS-BUlL T DRA \VINGS: ,
. 'The contractor shall submit ,to the Engineer '8 marked set of liAs-Built" construction
'drawings describing both the stations and lell or right offset of all lateral teiminalends
" . i "as measured fTOm the nearest downstream manhole along the center line of the sewer
main. The ,as~built, drawings, will also describe elevations of the north cdge of the'
manhole cover rings and inverts of all main pipes in manholes. '
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TESTING
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TESTING OF GRA VlTY SE\VERS:
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The Contractor shall take all precautions to secure a perfectly water-tight sewer under
all conditions. ,The water tightness of a 'sewer which has a crown lying below
groundwater level may ,be tested by measuring infiltration. The water tightness of
sew,ers having crowns lying above groundwater level may be tested by filling the pipe
c with water so as to produce a hydrostatic head of two feet or more above the crown of
the sewer at the upper end of-the test section or the water table outside of the sewer,
whichever is higher" and then measuring the exfiltra~ tion., In no case, shall' the
infiltration or exfiltration exceed 50 gallon per inch of diameter per mile per'day. The
Contractor shall filmish all labor. materials, and equipment' to test the amount of ,
, infiltration.or exfiltration under the EngineelJs direction, Where the infiltration or
, exfihrmion is excessive. the Contractor at his own expense shall take the necessary
,steps to' remedy such conditions by uncovcling the sewer, remaking the joints or by
" replacing the' entire length of sewer as regliired by the Engineer~ No such rcpaircd
joints may, be backfilled until, after they have been tested and found to be acceptable.
Care shall be taken to avo'id flolation,
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The above tests shall be pertonned at' the discretion of the Engineer on any or all
sections of the lil1e. "
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TESTING OF FORCE 1\:IAINS:
, Force mains shall be tested under l\ hydrostatic pressure of 150 P.S:l. for one hour, as
described in Section 41.04 of these Technical Specifications for the testing of water
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E. BASIS O~ PAYMENT
GRA VITI' SE'VER PIPE:
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,Payment for in place sanitary sewer gravity mai'n pipe, shall be ,the unit price per ,lineal
foot per, appropriate' range of d~pth of cut as contained in the' contract proposal.
Measurement for payment shall be along the ccnterline of the sewer main from center to,'
, center of manholes. '
Payment for, laterals shall be thclll1it price per lineal foot of pipe as measured from the,
centerline of the sew~r main pipe to the tenninal end of the lateral pipe.
, . Paymen,i for sewer pipe shall include all labor. equipment, and materials necessary to
'complete the installation. This shall include clearing arid grubbing, excavation, shoring
',' and dewatering. backfill and grading. ' " ' " .
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. BASIS OF PAYMENT:
, FORCE MAIN PIPE:
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Payment and measu~ement afforce main P!PC shall be the same, as desc~bed' in ?e'ction,
41 of these Technical Speciticatiolls for' water main pipe.
21. DRAINAGE:
. The Contractor shall provide proper outlet f~r all water courses and drains interrUpted,
'during the progress of the work and replace them in as good condition as he found them.
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22. ROAD\V...\ V BASE AND SUnGRADE:
A. This specification describes the constJUction of roadwny base and ,subgrndc. The Contractor
shall refer to' Section lV. Article 1 "Scope of Work" of the City's Contract Specifications for
additional roadway base anel subgrndc items.
Roadway Base shall be 611 compacted minimum thicbess unless otherwise noted on the 'plans.
The subgrade shaH be 6" compacted minimum thickness with a minimum Limerock Bearing ratio
(LBR) of 40 unless otherwise' noted on the plans. The Contractor shall obtain from an
independent testing laboratory a Proctor and an LBR for each type material. In addition, in
. certain instances, the Cit)ls Materials Tester may also detennine Florida Bearing Value (FBY)
equivalencies for subgrade material. The City will take the required densities. Where unsuitable
material is found within the limits of the base,' Section IV. Article ) 7 (Unsuitable MateriaJ
Removal) of the City1s Contract Specifications wiII apply.
The following base materials are acceptable:
1. SHELL 'BASE: Shell base shall be constnlcted in accordance'with Sections 260 and 913 of
FDOT's Standard Specifications (latest edition) and shall have a minimum compacted thickness
as shown on the plans~ The shell base shall b~ FDOT approved. The cost ofthe prime coat shaH
be included in the bid item price for base.
2. LIl\1EROCK BASE: Limerock base shall be in accordance with Sections 230 and 911 of
FOOT's Standard Specifications (Iarest edition), and shall have a minimum compacted thickness
as shown on the plans. The Iimerock shall be from a FOOT approved certified pit. The cost of
the prime coat shall be included in the bid item price for base.
3. CRUSHED CONCRETE BASE:
Crushed concrete base shall be constmcted in accordance with ,Sections 204 and 901 of'
FDOT's Standard Specifications (latest edition), and shall have a minimum compacted
thickness as shown on the plans, The crushed concrete material shall be FDOT approved.
'The Contractor shall proyide certified laboratory tests on gradation to confirm that the
crushed concrete base material conforms to the above specifications. , The LBR shall be a
minimum of 185. LBR and gradation tests shall be provided to the City by the Contractor
once a week' for continuous operations. or every 1000 tons of material. unless requested
,more frequently by the City. Engineer or designee. The cost of the prime coat shall be
included in the bid item price for base.
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4.. son, CEMENT BASE:
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Unless otherwise noted, soil cement base shall bc constructed in accordance with Section 270 of
FOOT's Standard Specifications (latest edition), and shall have a mininlun1 compacted thickness
as shown on the plans.
The soil cement base design shall be by a ccrtifled lot under the direction of a Registered Florida
Professional Engineer; and must be approved by the City Engineer. Said design shall provide for
a minimum of300 P.S.I. in seven days. Plunt mixed soil cement shall be certified by a registered ....
laboratory approved by the City Engineer. ,
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T~e only approved method for spreading the cement is the use of a spreadcr box. The use of a
spreader bar for spreading cement will not be allowed. The applying of the cement shall not be
allowed when the wind velocity is sufficient 'to jeopardize material interests (i.e. vehicles, etc.)
from airborne cement part!cJes. The density testing frequency shall be at the discretion. of the
, Registered Florida Professional Engineer responsible for the soil cement design.
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ASPHALT BASE:
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The use of full depth asphalt base is acceptable. The extent shall be as directed by the Engineer
or Project Inspector. The cost for preparation, placement and compaction shall be included in
the per ton unit cost for asphalt unless otherwise noted in the project scope and plans.
, 6.
BASIS OF MEASUREMENT FOR BASE AND REWORKED BASE:
Measurement shall be, the n~mber of square yards of aforementioned items in place and
accepted, unless asphalt is used and is paid for as part of the per ton unit cost for asphalt. The
maximum allowable deficiency shall be V2". Areas deficient in, thickness, if so approved in
writing by the City Engineer. may be left in place. No payment, however, wi11 be made for such
areas left in place.
7. BASIS OF PAYMENT FOR BASE AND RE\VORKED BASE:
Payment shall be the unit price per square yard for the aforementioned items as measured above,
which price shall be full compensation for all work described in these sections of the
specifications and shan include all materials including Prime (See Section 23-E) Base, Sub grade
Construction. and Stabilizer, all testing (except density) equipmen,t. tools, labor, and incidentals
necessary to complete the wo'rk. Payment for asphalt base shall be included in the per ton unit
cost for asphalt unless otherwise noted in the project scope and plans. '
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BASIS OF PA YMENT FOR SOIL CEMENT BASE ACCEPTEIlAND IN PLACE:
I. Portland Cement, Per Ton,
, '2. Approved Admixture (Soil Limerock, etc.) PCI' Ton
3. Mixing & Compaction pe~ square yard
B.
SUBGRADE:
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AU subgrade shall. be stabilized and' constructed in accordance with Secctions 160 and 914' of
FDOT's St~ndard Specifications (latest edition). If Iimerock is used, ft shall' also meet the
requirements of Section 9 I I of FOOT's Standard Specifications (latest, edition)., Where
unsuitable material is found withi!'J the limits of the 'subgrade, Section IV, ~lcle 17 (Unsuitable
Material Removal) of the City's Contract Specifications will, apply, ,The. Contractor is
responsible for clearing, grading, filling, and removing any trees or vegetation' in the roadbed
below the subgrade to prepare it per the plans. The cost of this work shall be included in the unit
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price for base or subgrade.
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BASIS OF MEASUREMENT: The basis of measurement sllal.! be the number of sqwu'e yards
..0fsHibilized subgrade in place and accepted as called for on the,plans.
BASIS OF PAYMENT: The unit price for subgra~e shall include: roadbed preparation,
placement, spreading, compaction, finishing, testing, stabilizing. mixing, materials, hauling, labor,
equipment and all incidentals necessary to complete the work. If no pay item is given, subgradc
shall be included in the bid item for base.
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23. ASPHALTIC CONCRETE 1\'11\ TERIALS
This specification is for the preparntion and application of all asphaltic concrete materials on
roadway surfaces.
A.
ASPHALTIC CONCRETE:'
1. Aggregate- All aggregates shall conform to DOT Division IIl- 90 1,902 and 917,
2. Bituminous Materials - All bituminous materials shall conform to DOT Division III -
916, and Pinellas County mix design as described in Sub-Section 23-C below.
B.
HOT BITUMINOUS MIXTURES - PLANT METHODS & EQUIPMENT:
" The fabrication, mixing, storing, transportation, etc., of all asphaltic concrete and bituminous
materials shall conform with DOT Division II - 320.
,
'c~ . ASPHALTIC CONCRETE MIX DESIGNS AND TYPES:
The City of Clearwater will use three types of asphaltic concrete mix designs which are described
i~ the most current edition of the Pinellas County Specificati~ns for Hot Bituminous Mixtures as
, PC-l, PC-2 and PC-3,
The, particular application of asphaltic concrete type will be specified elsewhere in the contract
specifications or construction drawings.
D. : ,CONSTRUcnON EQUIPMENT AND APPLICATION PROCEDURES:
The roadway preparation, tack coat materials, all handling and application of asphaltic concrete
materials shall' conform with DOT Division II, 300, 320, 330. 331. 332 and 33} except as
otherwise stated as follows:
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'VORl( ADJACENT TO DRIDGE ENDS: On res1II1hcing projects where the roudway
joins an existing bridge and where necessary to insure thai a, bump will not be created by the
overlay, before any surfacing is placed adjaccnt to the bridge, a sufficient portion of the existing
pavement shall be removed, in order that a smooth transition bctwecn'the new surfacing and the
bridge end may be effected.
THICKNESS OF LAYERS: Where an asphaltic concrete course is constructed to a
thickness greater than two- inches, it shall be constructed in approximately equal layers and no
layer shall be more than two inches in thickness when compacted, Each layer shall be, thoroughly
compacted and shall confonn to ~he requirements of these specificutions before an additional
layer is placed. '
3. Leveling Course and Spot Patching Leveling Course shall be applied to scctions of the road as
directed by the Engineer or Project Inspector The cost shall be included in the per ton unit' cost
for asphalt, unJess otherwise noted in the project scope and plans.
. Before any Leveling Course is spread, all depressions in the ex.isting surface more than one inch
,deep shaH be filled with spot patching or leveling with leveling course mixture, which shall be
thoroughly compacted~ Previous to the application of leveling course or spot patching, all loose
material, din caked clay and foreign muterial which might prevent proper bond, shall be removed
from the site and disposed of for the full width and length of the application. The cost of
patching shall be included in the per ton unit cost for asphalt.
4. ' TEXTURE OF FINISHED SURFACE: The finished surface shall be ofunifom1 texture and
compaction. The'surface shall have no pulled, tom or loosened portions, and shall be frec of
sand streaks, sand spots or ripples, (These rcquiremems shall also apply to any areas where it is
necessary to apply hand work). Any areas in which the surface does not meet the above
requirements tor texture. sand streaks. ripples, pulled or loosened p'onions, or for uniformity of
compaction~ or does not' meet the straight edging requirements, shall be corrected at the
Contractor's expense. Such corrections may be made either by replacing the surface course (to
full depth) or by overlaying with the type of asphaltic concrete mixture being placed. Within the
'longitudinal limits where such defective areas occur, such corrections shalt be made for the tun
width of the roadway and lor longitudinal distances in both directions beyond such defective
areas for at least SO feet.
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E. CRACKS ANI> 1)OTHOLE'PREPARATI0i'i:
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Cracks' in road\vay pavement shall be repaIred prior to the application of asphaltic concrcte by
, the following steps: '
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a. All debris to be removed from cracks by cOI~lpresscd air or other suitable method.
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b. Apply a multiple layered application of bituminous binder and tine aggregate. as appropriate
to the depth of the crack until the void of the crack is completely filled to the level of the
surrounding roadway surface.
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c.' If application of asphaltic concrete is not to begin immediately after crack repair. cracks are
to be sanded to prevent vehicular tracking.
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a. AU debris is to be removed from potholes by hand, sweeping, l'lr other suitable method.
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b.' A tack coat is to be applied to the inte~or surface of the pothole.
c. The pothole is to be completely filled with asphaltic concrete, and thoroughly compacted.
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d. Payment for pothole preparation shall be included in the unit price for asphaltic concrete.
F.
ADJUSTMENT OF MANHOLES: The necessary adjustments of sanitary sewer and stonn
drain manholes and appurtenances shall be accomplished by the contractor. The contractor shall
be paid on a per unit basis for each item.
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The use of manhole adjustment risers is acceptable under the following conditions:
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The riser shall meet or exceed all FDOT material. weld. and construction requirements.
The riser shall consist of un A-36 hot rolled steel meeting or exceeding the minimum
require'!lents of A.S.T.M. A-J6. The riser shall be a single piece with a stainless steel
adjustment stud and shall have a rust resistant finish. The use of cast iron, plasti~, or
fiberglass risers is not pennitted. In addition, the installation of each' riser shall be pef
manufacturers specifications, Each manhole shall be individually measured, and each
riser shall be physically marked to ensure that the proper riser is lIsed. Also, the ring
section shall be cleaned, and a bead of chemically resistant epoxy applied to the original
casting, prior to installation of the riser. It is the Contractors responsibility to ensure that
the manholes are measured, the risers are physically marked. the ring sections arc ,
thoroughly. cleaned, 'al1d that the epoxy is properly applied prior to installation of each
riser.
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If risers are not used. the adjustment of manholes shall be accomplished by the removal of
pavement around manhole. grade adjustment of ring n!ld cover, und acceptable rcplacemelltnnd
,compaction of roadway materials prior tll a'pplication of roadway surlhcing. The nlll depth
backfill with asphaltic COl1crcte is ucceptablc. The backfill with portland cement concrete is not
acceptable. Adjustment of valve boxes will be accomplished by the contractor and included in
the unit price of asphnltic concrete. '
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All marJlole and valve adjustments shall be accomplished prior to the application of final
asphaltic concrete surface. The paving operation shall occur within seven (7) calendar days from
the completion of'the adjustment.
G. ADDmONAL ASPHALT REQUIREMENTS:
a. All impacted radius returns within project limits shall be paved unless otherwise directed by
the Engineer or Project Inspector, with payment to be included in the per ton bid item for
asphalt.
b. ,All pavement markings impacted by placement' of asphalt shall be replaced prior to the road
being open to traffic unless otherv..ise noted in the contract scope and plans.
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c, All project related ,debris shall be hauled off the job site by the Contractor in a timely manner
and at their own expense in confonnance with all regulatory requirements,
d. The Contractor shall pay partic~lar attention to sweeping when paving, The Broom Tractor
way of sweeping will not be pennitted in this contract. The construction areas before paving
shall be swept with a Municipal type sweeper either of the vacuum or the mechanical type.
, that picks up and hauls off, dust and dirt. The sweeper must be equipped with its own water
supply for pre-wetting to minimize dust. Moreover. the Contractor shall sweep debris off of
sidewalks, driveways and curbs in addition to the roadways before leaving a job site.
"
e. The application of tack and prime coats shall be per Section 300 of FDOT's Standard
Specifications (latest edition). The cost (including heating, hauling and applying) shall be
included in the per ton bid item for asphalt. unless otherwise noted in the project scope and
plans.
f. Leveling course and spot patching shall be applied to sections of the road as noted on the
, plans, or as directed by the Engineer, per Section 330 of FOOTs Standard Specitications
(latest edition). The cost shall be included in the per ton unit cost for asphalt, unless
otherwise no~ed in the project scope and plans.
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BASIS OF MEASUREMEN1': Basis or hlCaSlll'Clllcnt \vill be the number of tons of asphaltic
concrete completed. in phice and accepted. Tnick scalc weights 'will be required for all asphaltic
concrete lIsed.'
BASIS, OF PAYMENT: Payment shall be made at the contract unit 'price for asphaltic
concrete surface as specified and measured above, ,This price shall inClude all materials,.'
preparation, hauling, placement. tack coat, prime coat. leveling, spot patchjng~ ~lIing of cracks, '
pothoie, repair. sweeping, debris rem'oval, labor, equipment. tools. and incidentals necessary 'to
complete the asphalt 'work in accord.ance with the plans and speCifications.
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ARTICLE 24 ~ ADJUSTMENT TO UNIT BID PRICE FOR ASPHALTIC
,\ MA TERIA L,
When this Article applies to the contract, the unit bid, price for asphalt will be adjusted in '
accordance with the fol1owing provi~jons:
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Price adjustment for asphalt shall only be made when the current FOOT Asphalt Price
Index varies mo're than ,I 0% from the bid price at the time of the bid opening.
The Bj~uminous Material, Payment Adjustment Index published monthly by the FOOT
shall be used for the adjustment of unit prices. The report is available on FOOT's
internet site., The address is: http://www.doLstate.f1.us.ltis under the section "Doing
Business with FOOT' ill the "Contracts Administration" section under' "Asphalt'
Index",
The FOOT Payment Adjustment Index in effect at the time of the bid opening will be
us~d for initial detennination ll!" asphaltic material price.
The FDOT Payment Adjustment I ndex hi eRect at the time of placement of the asphalt
will be used for payment calculation. '
5.'
The monthly billing period for contract payment will be the same as the monthly period
for the FOOT Payment Adjustment Index.
No, adjustment in bid prices will be 'made for either tack coat or prime coat.
7.
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No price adjustment reflecting any further increases in the cost of asphalt will be made
for any month afl~r the expirntion of the allowable contract lime.
8.
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The City reserves the right to make adjuslments for decreases in,the cost of asphalt.
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ARTICLE 25 - GENERAL PLANTING SPECIFICATIONS (LANDSCAPE)
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1. GENERAL
1.01 RELATED DOCUMENTS
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A. The Contract Documents shall include the Plans. Details. Specifications. Bid Proposal, Contract
Agreement, including Installation Schedule, all Addenda, and Contractual and Special Conditions
when required.
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1.02 REQ~IREMENTS OF REGULATORY AGENCIES
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A., ,Comply with F~deral, State, Local, and other duly constituted authorities and regulatol)'
. agencies, without additional cost to the Owner in matters pCI1aining to codes, safety, and
environmental matters. .
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B. Any pennits for the installation or construction of any of the work il1c1uded under the contract,
which are required by any of the legally constituted authorities having jurisdiction, shall be
arranged for by the Contractor ami paid for directly by' the COl1tractor, unless otherwise agre~d
upon in writing.
1 .3 SCOPE OF WORK
A. All provisions of Contract, including General and Special provisions and Plans, apply to the work
specified in this Section. The Scop~ of Work includes everything for and incidental to executing
and completing all landscape work shown on the Plans, Schedules. Notes and as specified herein.,
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B . Furnish and provide all labor. plants and materials tools and equipment necessary to prepar~ the
soil for plantings, to install and care tor all plant materials (including finish grading if necessary);
to remove ancVor transplant existing plant5 if indicated; to tumish, plant. fertilize, guy and brace.
water, mulch and prune all new plant materials; and to execute all other Work as described herein
or indicate on the Plans.
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c . Work under this Section shall include labor and materials for final grading and raking to prepare
the site for sodding, sprigging, or seeding, so finished lawn or playing field will appear even and
unifonn, will drain adequately, and will comply with the intent ot'the landscape drawings.
D. Initial maintenance oflandscape materials as specified in this document.
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1.4 QUALITY ASSURANCE
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A. Landscape work shall be contracted to a single linn' specializing in landscape work. who shall in
turn subcontract no more than 40% of the work specified. All subcontractors under the control
of the Contractor involved in the completion of the landscape work. shall be made known to the
Owner and the Landscape Architect prior to their commencement of work on the project.
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B. AIl work of this Section shall COil form to the highest standard of landscape practices.
c.
The Plant Material Schedule included with these Plans is provided only for the Contractor's
. convenience; it 'shall not be cOl1stnJed as lO conflict or predominate over the Plans. If
conflict between the Plans and Specifications exists. the Plan shall prcdominate and be
considered the controlling document. "
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D.
During this work. t.he Contractor shall be responsible for maintaining safety among persons
in his employ in accordance with the standards sct by The Occupational Safety and Health
Act of 1970 (and all subsequent amendments). Owner and Landscape Architect shall be
held h'armless from any accident. injury or any other incident resulting from compliance or
non-compliance with these standards.
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E.
The Contractor shall cooperate with and coordinate with all other trades whose work is built
into or affects the work in this Section.
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F . AIl appropriate utility companies and agencies shall be contacted 72 hours pnor to
excavation. Call "One Call" at I .800-432~4770.
G. The Contractor shall carefully examine the site and all eXlstmg conditions affecting the
work. such as: soil. obstructions. existing trees.' utilities. etc. Report any conditions in
conflict with the work to the Landscape Architect.
1 . 5 SUBMITTALS
A.
The Contractor is required to submit prior to the expiration of the required maintenance
period. two copies of typewritten instructions, recommending procedures to be established
by the Owner for maintenance of landscape work for a period of one year.
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B.
Furnish unit prices for all plant materials and inert materials. including labor for all specified,
work. .
1.6 ALTERNATES, ADDITIONS, DELETIONS, SUBSTITUTIONS
A. If therc are additions/alternates included in these Plans and Specifications. the Contractor
must propose prices to accomplish the work stated as additions/alternates at the time of
bidding.
B. The Owner. through his Project Representative. reserves the right to add or deduct any of
thc work statcd herein without rendering thc Contract void.
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. C. The Contractor must have writtcl1 npproval by the Project Rcpresentative for any
substitutions not previously agreed to in the purchase agrcement: installation without
approval is entirely at the Contrnctor's risk,
D. All material acquired through additions or substitutions shall he subjcclto all conditions and
warranties stated herein.
1. 7 ABBREVIA TIONS(DEFINITIONS
A. a.A. or HT.: The over-all height of the plant measurcd from the ground to the natural.
untied stat.e of tile rnajority oCthe foliage, not including extreme leaves. brunches or fronds,
B. C.T.: Clear trunk is measured from the ground to the bOllom of the first leaf or frond stem
'with no foliage from ground to specified height. For example, on Canal)' Island Date Palms
or similar. the clear tnmk measurement includes the "nut"' at the base of the fronds.
C. C.\\'.: Clear wood is measured from the ground to the bottom of the base of the lowest leaf
s,heath or boot, trimmed in a natural manner, For example. on Canary Island Date Palms or
similar. the clear wood measurement docs not include the "nut ': at the base of the fronds.
D. ' SPR,: Spread. branches measured in natural untied position to the average crown diameter,
'not including extreme leaves. branches or fronds.
E" ST.TR.: Straight tnmk.
F. MIN.: Minimum.
G. GAL.: Gallon container sil.e. i.e.. I gallon. 3 gallon, 7 gajlon. ctc.
H. D.C.: On center. distance between plant centers,
. I. DIA.: Diameter,
J. L YS.: L'caves.
K. D.S.H.: Diameter or caliper of main mink of tree as measured at breast height at 4-1/2 feet
above grade.
L. C.~L;: Calipcr, the outside diameter of lip to i\ IouI' inch tree is measured six il1ches above
g~ade, larger trees are 1l1easlIred at 12 inch~s above grade, '
M. 8&8: Balled and bllrlapped in accordance with horticultural standards of the American
Association of Nurserymen.
N', PPP: Plants per pot.
o. FG: F:icld grown.
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STD.: Standard. single. straight tnll1k,
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Owner; To be known liS that entity which holds title or contralto the prcmises on which the
work is performed,
R. Owner's Representative: Owner:!' on-sitc representative shall be responsible for approval of
quantity and quality of materials spccitied and execution of installation,
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S . Contractor: Shall refer to that person or enl.erprise commonly known as the Landscape
Contractor.
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T. Landscape, Arcl1itect: This person or lirm is the responsible representative of the .Owner
who produces the landscape Plans and Specitications,
1.8 PRODUCT DELIVERY, STORAGE', AND HANDLING
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A.
Plant Materials. , .
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3.
Provide container grown or, if appropriate. freshly dug trees and .shrubs. Do not
prune prior to delivcl)'. Do not bend or bind 'trees or shntbs in such a manner as to '
damage bark. break branches or destroy natural shape. Provide protective covering
during delivery. If plant delivery is made in open vehicles., the entire load shall be
suitably covered.
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AIl plants are to be handled at all times so that roots or root baIls are adequately
protected from sun. cold. or drying winds. No root balls for trees and container
plants that have been, c'racked or broken shall be planted except upon special
approval. Plants shall not be pulled by the tops or stems. not handled in a rough or
carcless manner at any lime, '
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B~lIed and burlapped plants shall be moved with tirm. natural. balls of soil. not less
than I foot diameter of ball to every I inch caliper of tnmk; root ball depth shall not
,be less than 2/3 of root ball diamcter. B & B plants which cannot be planted upon
delivery shall have their root balls covered with moist soil or mulch.
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4 . ' " Trees shall be dug with adequate balls. burlapped. and wire bound if needed. Root
,pruning to be done a minimum of 4 weeks before removal from the field and planti~g
at the site. Root balls may not be encased in "grow bags" or other synthetic
material, except plastic shrink wrap for transport only.
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Section IV
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5.
Remov~ all, [ronds form sabal palms prior to planting. but leave a minimum of ) 2
inches of new frond growth above the bud. Do not damage bud, On all other palms.
only a minimum of palm fronds shall be removed from 'crown to facilitate moving
and handling. Clear tnmk shall be delermined afler minimum fronds have been
removed. Boots shall be removed from trunk unless otherwise specified. Palms
shall be plantcd within 24 hours of delivery. '
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Deliver'trees and shnlbs after preparations for planting have been completed and,
plant imm~diately. If planting is delayed more than 6 hours aftcr dclivel)'. set trccs
and shrubs in shade. protect from weather and mechanical damage. and cover to
keep the roots moist.
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Label at least one tree and one shrub of each variety with a securely attached
waterproof tag bearing legible designation of botanical and common name.
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8. Sod: Time delivery so that sod will be placed within twenty-four (24) hours after
stripping. Protect sod against dl)'ing and breaking by covering palettes of sod or
placing in a shaded area.
1 . 9 JOBCONDITIONS
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A.
Acceptance of Job Conditions.
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1 . The Contractor shall examine the sub-grade. verity elevations, observe the
conditions under which work is: to be performed and notifY the Landscape Architect
or Project Representative in writing of unsatistactory conditions prior to beginning
work. Do not proceed with the work until unsatisG1ctorY conditions have been
corrected in a manner acceptable to the Landscape Architect. Start of work shall
indicate acceptance of conditions and tlJII responsibility for the completed work.
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2 . Proceed with and complete the landscape work as rapidly as portions of the site
become available. working within the seasonal limitations for each kind of landscape
'work and following the approved schedule. If seasonal limitations apply, notify the
Landscape Architect for adjustments to the Schedule.
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3.
Determine locations of all underground utilities and review for conflicts with
planting procedures.
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4 .
When adverse conditions to plant growth arc encountered. such as rubble tiJl.
drainage conditions or obstruction. the Contractor shall notifY the Landscape
Architect in writing prio'r to planting.
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Plant trees and shrubs after tinal grades are established and prior to the planting of
lawns, 0 protecting lawn trees and promptly repairing damages from planting
operations.
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B. ' Scheduling of Work
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1 . The work shall be carried out to completion with the utmost spee~. Immediately
upon award of contract. the Contractor shall prepare a constnlction schedule and
furnish n copy to the Owner's Representative and/or the Landscape Architect ,for
approval. The Contractor shall carry out the work in accordance with the approved
. schedule.
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Section IV ,If,
2 .
If the Contractor incurs untorcsccl1 CO~HS. such as overtime hours. holidays. etc. in
order to complete the work within the time statcd in the Contract. and/or to maintain
the progress schedule. all said costs shall be bo'rneby the Contractor at no additional
cost to the Owner.
3. The Owner's'Reprcsentative's may request in writing work stoppage. Upon written
request from the Owner's Representative. the Landscape Contractor shall suspend
delivery of material and stop all work for such a period as deemed necessary by the
, Owner. .the Owner's Represcl1tative. or the General Contractor with respect to any
additional costs which may result from work stoppage.,
C.' . Utilities
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The Contractor shall perform work in a manner whi'ch will avoid conflicts with
utilities. Hand excavate. as required., to minimize possibility of damage to
underground utilities. Maintain grade stakes set by others until removal is mutually
agreed upon by all parties concerned.,
2 .0 PRODUCTS
2 . 1 MA TERlALS
A. Plant Materials: Nomenclature
1. ' Plant species, sizes. etc. shall be per Plans and Specifications. on Plant Material
. Scheduled. Nomenclature is per Manual of Cultivated Plant. Standard Encyclopedia
of Horticulture. L.H. Bailey. or Standardized Plant Names Dictiona~. American
Joint Committee on H0I1icultural Nomenclature (latest, editions), or conforms with
names accepted in the nursery trade.
B. Plant Materials: Quality Assurance '
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Section IV
Provide healthy. vigorous stock grown under climatic conditions similar to
conditions in the locality of the project. Plants shall have a habit of growth that is
normal for the species and be sound. healthy. vigorous and free from insect pests or
their eggs. plant diseases, defects and injuries. Plants shall be well branched and
'densely foliated when in leaf and shall have healthy, well-developed root systems.
2 .
Trees shall be heavily bral1ched or, in the case of palms. be heavily leafed. Some
plant materials may be collected stock with the approval of the Landscape Architect.
Provided tree species that have a single main trunk(ccntralleader), unless otherwise
'stated. Trees that have the main tnll1k forming a "V" shape or parallel b~anching are
, not acceptable. ' ,
3.
Plant materials shall be specified and shall-be Florida # 1 or better as to shape and
quality for the species as outlined in Grades and Standards tor Nursery Plants Part I
and II. Florida Department of Agriculture and Consumer Services (latest edition),
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4 ." The Owner or Landscape Architect reserves the right to inspect plant materials
either at the place of growth or at the project site prior to plantil1g for compliance
, with requirements for name variety. size quality. or dcsignatcd arca.
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5. Landscape materials shall be shipped with certificates of il1spection as requircd by
governmental authorities. The Contractor shall comply with all governing
, regulations that are applicable to landscape materials.
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6.. Do not make substitutions. If specified landscape material is not available, submit
'. Landscape Architect proof of,it being non-available. I n such event. if the Landscape
Architect desigl1ates an available source, such shall be acquired from designated
'source. When authorized. a written change order for substitute material will be
made by adjustment to Contract amount.
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7 . Height and/or width of trees shall be measured from ground up; width measurement
shall, be normal cr:own spread of b~anches with plants in the 110rmal position. This
measurement shall not include immediate terminal growth. All measurements shall be
taken after pruning for specified sizes. All trees and shmbs shall conform to
measurements specitied in the plant material schedule. except, that plant material
larger than specified may be used with the ,approval of the Owner or Landscape
Architect; with no increase to the Contract price. Plant materials shall not be pnmed
prior to delivery.
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8 . Plant Material shall be symmetrical. typical for variety and species, Plants used
where symmetry is required shall be matched as nearly as possible.
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,9. Balled and burlapped plants shall have firm. natural balls of earth of sufficient
diameter and depth to encompass the feeding root system necessary for full
development of the plant and to conform with the standards of the American
,Association of Nurserymen. Root balls and tree trunks shall not be damaged by
improper binding and B & B procedures.
10. Container-grown plants may be substituted tor balled and burlapped plants or vice-
versa provided the quality is equal or better than specified and the Landscape
Architect approves the substitution.
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11 . Container grown stock shall have been grown in containers for at least four months.
but not over two years, If requested, sal1iples must be shown to prove no root
bound condition exists.
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c. Grasses: Sod or Seed
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Sc)d or seed (as/if specified) shall be a species as stated un the Plan. Solid sod shall
be of even thickness and with a good root structure. 95% free or noxiolls week.
freshly mowed before cutting, and in healthy condition when laid, It must not be
stackc,d more than 24 hours bcl'orc'laying <lnd it must be grown in s?il compatible to
3M
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that in which it \vill be installed, . Sod lllust bl.' kept moist pnor to, and nf1cr
installation.
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Seed shall be delivered to the site in unopened bags with certilication tags in place.
Purity. germination and weed content shall be as certification requirements.
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D. Mulch:
1 .
Mulch shall be' 100% Grade "B" shredded cypress bark mulch. thoroughly mixed
with a pre~emergence weed killer according to the label directions as specified on the
plan'.
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Install mulch to an even depth of 3" before compaction.
E. Fertilizer:,
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1 . Granular fertilizer shall be uniform in composition~' free flowing and suitable for
application with approved equipment; received at the site in full. lab'eled. unopened
bags bearing the name, trade name or trademark and warranty of the producer: fully
conforming to State of Florida fertilizer laws.
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2. All fertilizer shall bear the manufacturer's statement of analysis and shall contain the
" appropriate minimum amoLlnts of elements for the type of use specified herein,
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Agriform 20-10-5 fertilizer tablets or approved equal. shall be placed in planting pit
for all plant materials at time of installation and prior to completion of pit backfilling.
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4 . Ground cover and annual areas shall receive fertilization with Osmocote Time
Release Fertilizer according to product instructions and rate.
5.
For sod and seeded areas. fertilize with a complete granular fertilizer on Bahia and
St. Augustine grass at the rate of one (I) pound of nitrogen per one thousand
(1,000) square feet. Fertilizer shall be commercial grade. mixed granules, with 30% -
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50% of the nitrogen being in slow or controlled releuse form. The ratio of nitrogen
to potash will be I: I or 2: I for complete fertilizer formulations. Phosphorus shall be
no more than 1/4 the nitrogen, level. They shall also contain. magnesium and
~icronutrients (i.e. manganese, iron. zinc. copper. etc.).
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. F. Stakes and Guys:
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1:', For trees. approved plastic or rubber guys shall be used between the stakes and the
'tree trunk. Galvanized steel guy wire shall not be used~ '
2. Stakes shall be cut from 2" x 4" pressure treated (p.t.) stock for trees over 2"
caliper. Stakes shall be 2" x 2" pressure treated (p.1.) stock tor trees 2" caliper and
under. A minimum of2 stakes per tree or an optional 3 stakes per tree shall be used.
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3. For single trunk palms. stakes shall be cut from 2" x 4" pressure trcaled (p:t.) stock.
with a minimum of 3 stakes per palm. Batten consisting of 5 layers of burlap and 5 -
2" x 4" by 16" wood connected with two. 3;4" steel bands shall be used around the
palm trunk.
4 . Other. tree staking systems may be acceptable if approved.
G. Planting Soil:
'I . Unless stated on the plans or in the specifications. install plant material in tilled' and
loosened native soil backfill. It is the responsibility of the Landscape Contra~tor to
test. prior to planting and at no additional cost to the Contract, any soils which may'
be unsuitable for the vigorous growth of plants. Unsuitable conditions shall be
reported to'the Landscape Architect, immediately in writing.
2 . When required. planting soil media shall be provided by the Contractor and shall
consist of 1/3 peat and 2/3 sandy loam. with no ,lumps over I".
3 . Backfill and clean till din provided by the Contractor shall be in a loose. friable soil.
, There must be slight acid reaction to the soil (about 6.0 - 6.5 pH) with no excess of
calcium or carbonate. and it shall be tree from excess weeds. clay lumps. stones.
stumps~ roots and toxic substances or any other materials that might be harmful to,
plant growth or a hindrance to grading. planting. and maintenance procedures and
operations. No heavily organic soil. such as muck or peat shall be used as fill dirt.
4,. Bed preparation for annual beds under I gallon container size shall consist of 3" of
Florida peat or other approved organic soil amendment spread over full length and
'width of planting area. Rot?til organic layer 6 inches to 8 inches into native soil.
H. Soil Amendments:
1 . Terra-Sorb AG or approved equal. soil Hmel1dment shall be mixed with native or
. planting soil' for all trees. shrubs. ground cover. and. annuals accordil1g to
manufacturer's recommended application' rates and methods. if specified' on the'
Plans'.
I. Tree Protection:
1. Wood fencing shall be 2" x 4" pressure treated (p.t.)' stock with flagging on
horizontal members. Space vertical members 6 teet to 8 feet on center. The
barricade shall be placed so as to protect the critical protection zone area, which is
the area surroun'ding a tree ,within a circle described by a radius of one foot for each
inch of the tree's diameter at breast height DBH at 4 - lj~ feet above grade.
J. Root ~arrier System:
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1.
Root barrier fabric shall be installcd when specitied in the plans arid/or specifications
for protection of adjacent paved slIrtaces according to specific product name or
equaL Install as directed by the l11anllHlctllrer.
K. Packaged Materials:
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L '. Pesticides:
1.
Deliver packaged materials in containers showing weight. analysis and name of
manufacturer, Protect materials from deterioration during delivel)' and while stored
at the site.
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Pesticides shall be only approved. safe brands applied according to manufacture(s
directions. '
,3.0 EXECUTION
3. 1 PREP ARA TION
A. Obstructions Below Ground: '
, 1.
It shall be the responsibility of the Contractor to locate and ma~k . all underground
utilities, irrigation lines and wiring prior to commencement of the work.
2 . If underground construction, utilities or other obstructions are encountered in
" excavation of planting areas or pits. the Landscape Architect shall be' immediately
notified to select a relocated position for any materials necessary.
B. Grading and Preparation for Plant Materials I
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Section IV '
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All proposed landscape,areas containing existing turf grass or weeds'shall be treated'
with Monsanto's "Round-Up" pcr manufacturer's specifications. All proposed
landscape areas adjacent to water bodies shall be treated with "Rodeo" per the
manufacture(s'specifications.
2.
New plant materials will not be installed until a 98% weedlturf eradication has been
achieved. More than one application may be required to produce an acceptable
planting bed. .
3.
. Pfe~emergent herbicides are not a substitute for spray treatment of "Round~Up" or
,"Rodeo", and may be used only with the written approval of the Landscapc
Architect. '
4 .
Should, any ,plant material in the same, or adjacent beds be damaged by these
. chemicals, the same size: quantity and quality of plants shall be immediately replaced
by the Contractor at no cost to the Owner. .
Any necessary corrections or, repairs to the finish grades shall bc accomplished by
the Contractor. All planting areas shall be carefully graded and raked to smooth.
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evcl1 tinish grade: free from 'depressions. iumps, 'stones, sticks 'or other debris and
such that they will conform ~o the required tinish grades and provide uniform and
satis~1ctory surface drainage without puddling.
6.
The Contractor shall remove debris (sticks. stones. rubbish) over I ~ Ii:! inches in any
dimension form individual tree, 5hmb and hedge pits and dispose of the excavated
material olTthe site.
C '. Preparation for An'nual Bed Planting:
1 . Prepare native su~grade by rototilling or loosening by hand methods. Spread 3
inches of Florida peat (1/3), sandy loam (1/3). or other approved organic soil
amendment over the full length and width of planting area for annuals. Rototill
.organic layer 6 inches to 8 inches into the native soil. ' Grade the planting bed by
ucrowning' to insure that surface drainage. percolation. 'and aeration occur at rapid
rates. Add Osmocote time release fertilizer according to product instmctions and
rate.
D. Preparation for Seeding and Sod Areas:
1 . All proposed sod areas containing existing turf grass or weeds shall be treated with
. Monsanto's "Round-Up" per manufacturer's specifications. All proposed sod areas
adjacent to wateT bodies shall be treated with "Rodeo" 'per the Manufacturer's
Specifications.
2.
Limit preparation to areas which will be planted promptly after preparation. Loosen
sub~grade of sc;:ed and sod areas to a minimulll depth of 4 inches.
3 . ' Immediately prior to any turf work. the Contractor shall finish grade the soil to a
'smooth. eve'n surface assuring positive drainage away from buildings and the
subsequent turf flush to the tops of adjacent curbs and sidewalks. The surface shall
be sloped to existing yard drains.
4. A complete,fcrtilizer shall be applied to St. Augustine or Bahia grass at a rate of one
(I) pound "of nitrogen per 1000 square feet. Fertilizer shall be commercial grade.
mixed granules. with 30% - 505 of the l1itrogen being in slow or controlled release
form. Thoroughly work tCl1ilizer into the top 4 inches of soil.
5. Moisten prepared seed and sod arcas before planting if soil is dry. Water thoroughly
, and allow surface moisture to dry before planting lawns. Do not create a muddy soil
condition.
3. 2 INSTALLATION:
, A. Berm Construction (if specified).
SL:ctioll IV
42
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1 . Install berms at location and design shown 011 Plans and at the height and slope
indicated. Height stated is tor Iinishcd berm with soil at l1atural compaction.
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2 .
Exact location and configurmion of berms may require moditicution to allow proper
drainage; such changes will be coordinated with the Landscape Architect.
....
3 .
If shown on the Plan. constmct berms using clean sandy loam till dirt which is well.
drained. free of rocks. roots. or other'debris. with a soil pH of an acid Nature (about
6.0 . 6.5). No heavily organic soil. such as muck or peat shall be used in berm
constmction.
'.~ .......
....
B . Layout of Plant Materials:
. 1 . ' Unless otherwi~e stipulated. plant materials shall be approximately located per the
plans by scale measurements using established building. columns. curbs. screen walls. '
etc. as the measuring reference point. Slight shifting may be required to clear wires.
. prevent blockage of signage. etc.
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, 2., Shrubs and ground covers shall be located and spaced as noted on the plant material,
schedule (if provided). otherwise plants will be placed in the planting beds' at the
normally accepted spacing for each species.
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3. Leave an 18 inch (450 millimcters) border of mulched space between outer leaves of
insta!led plant material and the bed line. curb. or building foundation wall for all
plant sizes. '
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Any necessary "minor" adjustments in the layout of planting shall be made by the
Contractor with the approval of the Landscape Architect in order to conform as
nearly as possible to the intent of the plans.
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c. Planting Procedures:
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1.
. '
All shrubs. trees and ground covers or vines shall be planted in pit~ having vertical
sides and being circular in outline. Planting pit shall be 3 to 5 times the width of the'
root ball.
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2.' Plants shall be set straight or plumb. in the locations shown, at such level that a.fter
settlement normal or natural relationship of the top of the root ball with the ground
surface will be established. With regards to proper nursery practices~ plants under,
'certain conditions (i.e. low and wet areas) will benetit from being planted "high"
'with the root ball about I inch higher than the surrounding grade.
.......
3.
All plant matcrials shall be fertilized with Agriform 20-10;.5 planting tablets, or
approved eql~al. at time of installation and prior to completion of pit backfilling.
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Agritbrrn planting tablets sh<:tll be placed uniformly around the root mass at a depth
that is between the middle and the bottom of the root mass.
a. Application rate:
) gallon
3 gallon
5 gallon
7 gallon
Trees
1 - 21 gram tablet
2 - 21 gram tablet
, 3 - 21 gram tablet
4 - 21 gram tablet
3 tablets each ~..
(12 millimeters) caliper
7- 21 gram tablets
Palms
Native soil shall be used in back-filling plant pits or as. specified. The Contractor
shall be responsible for providing additional soil for building tree saucers.
'When balled and burlapped plants are set, undisturbed native soil shall be left under
the base, of the root ball to prevent voids. Backfill tilled and loosened native soil
around the sides of the root ball. Remove the top 4 inches (100 millimeters) of
, burlap wire, and all tie-down material from the root ball. Do not remove these
,materials from the bottom of the root ball. Thoroughly water-in before bringing the
back-fill up to t,he proper grade Roots of bare plants shall be properly spread out,
and planting soil carefully worked in amol1g them.' Failure to comply is cause for
rejection.
Containerized plants shall be installed with undisturbed native soil left under the base,
of the rool ball to prevent voids. Planting pit shall be 3 t'o 5 times the widt~ of the
root ball. Backfill tilled and loosened l1ative soil around the sides of the root ball.
Thoroughly water-in before bringing the backfill up to the proper grade.
7 .
Plant spacing slu.ll be "on center" and varies with the different plant species. Space
each variety of plant, equally in the planting areas. Shrubs and ground covers
adjacent to straight or curved edges shall be triangular -,spaced in rows parallel to
those edges. Plant a minimum of 18 inches from the back of the curb to the outside
. edge of the plant.
,All azaleas shall be placed into a preparcd bed of amended soil containing 50%
weed-tree Florida peat or approved equivalent. Root balls shan be scarified
vertically at 120 degree angles in il triangular pattern.
9. Saba! palms may be plantcd deeper than normal if conditions warrant and if
approved.
1 . During periods of drought. sod shall he' watered slltlicicntly at its origin to moisten
the soil adequately to the depth to which it is to be cut.
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5.
6.
7.
E.
Seeding:
1 .
An application of 6-6-6. 40% organic. slo\\' or controlled rclcase fertilizer shall be
m~de to all lawn arcas just prior to thc l~yil1g or the sod at a rate of one (1) pound of
nitrogen per f ,000 square feet. The ground shall be wet down betore the sod is laid
in place.
3. Solid sod shall be laid lightly wilh, closely ablllling staggered joints with an even
surface edge and sod edge. in a neat and clean manner to the edge of all the paving
, and 5hmb areas. Cut down soil level to I inch to 1-1/2 inches below top of walks
prior to laying sod.
4.
Within 2 hour~ after installing sod and prior to rolling. irrigate the sod. SuffiCient
water shall be applied to wet the sod thoroughly and to wet the sod to a depth of 2
inches (50 millimeters). Watering shall be done in a manner that will avoid erosion
du'e to the application of excessive quantities. and the watering equipment shall be a
. typ~ that will prevent damage to the finished sod surface. Watering shall be repeated
as necessary to keep sod moist until rooted to subgrade.
The sod shall be pressed firmly into contact with the sod bed using a turf roller or
other approved equipment so as to elin1inate air pockets. pr~vide a true and even
surface and insure knitting without any displacement 'of the sod or deformation of
the surfaces of sodded areas. After the sodding operation has been completed. the
edges of the area shalf be smooth and shall conform to the grades indicated.
If, in the opinion of tile Landscape Architect, top dressing is necessary after rolling.
clean silica sand shall be used to fill voids. Evenly apply sand over the entire surface
to be leveled. filling-in dips and voids and thoroughly washing into the sod areas.
On slopes steeper than 2: J and as required. Ihe sod shall be fastened in place with
suitable wooden pins or by other approved method.
Seed shall be installed per the specifications of the State of Florida Department of
Transportation. See plan for type of seed.
F. Tree Guying, Bracing and Staking:
1 .
Tree guying, staking and bracing shall be the responsibility of the Contractor per
sound nursery practices. and shall be done per details shown on the Plans. For trees,
a minimum of 2 stakes per tree o'r an optional 3 stakes per tree at 120 degree spacing
shall be used. Stakes shall be driven in at an angle, then tightened to vertical
supported by approved plastic or rubber guys. Trees shalt be staked with a minimum
of 4 feet height of stake above grade and a minimum of 30 inches of stake below
grade.
2. For single trunk palms. a minimum of 3 stakes per palm at 120 degree spacing shall
be used. Toenail the stakes to hatten consisting of 5 layers of burlap and 5- 2 inch x
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4 inch x I t5 inch wood connccted witl1two ~'4 inch stcel bands. Palms shall be staked
with a minimum of 5 fcet of stake above grade,
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3., Contractor shall removc all tree guying, staking., and bracing from trees six (6)
months after the datc of fil1al acccptancc of the landscape work.
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potentially hazardous areas.
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G. Mulching;
1 . All planting beds shall be weed-free prior to mulching.
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mulch.
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'3. All plant beds and tree. rings shall be mulched evenly with a 3 inch layer (before
compaction) of 100%. Grade B recycled cypress bark mulch. or other mulch as
specified on the Plans or General Notes.
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4 . Mulch shall not be placed against the trunks of plant materials or foundations of
'buildings. Maintain a minimum 3 inch clearance for trees and shrub trunks and a
minimum 6 inch clearance for the walls of buildings.
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5. For beds' of. annual flowers, a 12 inch wide x 3 inch deep band of mulch shall be
installed in front of the first row of annuals. Maintain a minimum 6 inches of non-
mulched clearance from the outside edge of annuals.
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, Pruning:
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1 . Pnming shall be done by an experienced cCI1itied Arborist to maintain the natural
shape and form of the plant.
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2 . Upon acceptance by, the Owner. prune any broken branches, remove crossed
branches. and branches hanging below the clear trunk of the tree.
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Clean.up
1 . During ,landscape work. store materials and equipment where directed by the O\'.mer.
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The Contractor shall promptly remove any materials and equipmcl1t used on the job,
keeping the area neat at all times! Upon completion of all planting. dispose of all
excess soil and debris leaving pavements and work arcas in safe and orderly
condition.
3 .
The clean-up, of thc site shall includc the rcmoval and proper disposal of the tree
guying, staking, and bracing materials as described in specificatiol1s,
Section IV
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J. Protection':
1.
2.
3.
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The Contractor shall provide safcguards for thl~ prolectioll of workmen and others
on, about, or' adjaccnt to thc work. as required under the paramctcrs of the
Occupational Safety and Health Administration (O.S.H,A.) standards.
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The Contractor shall protect the Owner's and adjacent property from damage.
the Contractor sl1(ll1 protect the landscape work and matcrials from damage due to
landscape operatioils. Maintai'n protection during installation and maintenance
periods.
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4 . The Contractor shall provide protection (tree barricades) for all existing trees and
palms as specified.
,K.' Repair of Damages:
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1.
2.
The Contractor shall repair all damage caused by his operations to other materials,
property, or tr~des to a level, eq~al 'in quality to the existing condition prior to
damage.
~ ' "
The Contractor shall be held responsible for all damage done by his work or
employees to other materials or trades' work. Patching and replacement of damaged
work may be done by others, at the Owner's direction. but the c'ost of same shall be
paid by the Contractor who is responsible for the damage.
~ .
3.3 MAINTENANCE:
"
A. The Contractor shall maintain all plant materials in a tirst das!' condition from the beginning
'oflandscape construction until Final Acceptance,
B. Operations:,
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1 .
Maintenance shall include. but not be limited to, watering of turf and planting beds,
mowing, fertilizing; cultivation, weeding, pruning, disease and pest control.
replacement of dead materials. straightening, turf or planter scttlement corrections.
replacement of rejected materials. staking and guying repair and tightening, wash-out
repairs and regrading. and any other procedures consistent with the' good
horticultural practi<;:e necessal)' to insure normal, vigorous and healthy growth of all
work under the Contract. Mowing shall be consistent with the recommended height
per the University of Florida Cooperative Extension Service.
I.,
2 . Within the' warranty period. . the Contractor shall notify the Owner of any
, maintenance practices being followed or omitted which would be detrimental to the
healthy, vigorous growth of the landscape.
3 . ,The. Contractor shall be responsible for the tinal watering of not less than one inch of
water for all planted materials before leaving the site,
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3.4 INSPECTION, REJECTION, AND ACCEPTANCE
Inspection
1'. . Upon completion of the installation, the Contractor will notifY the Owner or the
Owner's Representative that the job is ready for inspection. Within 15 days of
notifications, the installation will be inspected by the Landscape Architect. A written
and/or graphic inspection report will be sent to the Owner and/or Landscape
, Contractor.
Rejection and Replacement
1 '. The Landscape Architect shall be final judge as to the suitability and acceptability of
any part of the work. plilnt material will be rejected if it does not meet the
requireme,nts set fO,rth in Plans and Specifications.
2 .
,Replace any rejected' materials immediately or within 15 days and notifY the
Landscape Architect that the correctiol1 has been made.
C. Acc~ptance:
1 .
After replacement of rejecte.d plant material (if any) have been made, and completion
of all ,other correction items. the Owner or Project Representative will accept the
project in writing.
2 . Upon final Acceptance. the Owner assumcs' responsi~llity for maintenance within
. the terms of the Contract. Acceptance will in no way invalidate the Contractor's
warranty period,
3. Thc Contractor's warranty period will begin after linal acceptance of the project by
the Owner.
A.
If evidence exists of any 'lien or claim ansmg out of or in connection with default in
performance of this Contract. the Owner shall have the right to retain any payment sutlicient'
, to discharge such claim ul1d all costs in conncction with discharging such claim. '
B.
Where the Specifications call for any, stipulated item or an "npproved equivalent", or in
words to that eflect, the Contractor shall indicate the price of thc type and species specified
in the proposal, giving the price to be added or deducted from his Contrnct price. The final
selection rests with the Owner or his representative, '
c. Where plants installed do not meet specifications. the Owner reservcs the right to request
, ,plant replacement or an appropriate deduction from the Contract amount to compensate for
the value not received frOln the 1Il1der.specitied plant materials, No additional compensation
will be made to the C,ontractOf lor plants installed tlmt exceed specifications.
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3.. 6 WARRANTY
A.' The Contractor shnlI warranty rill palms and trees rurnishe~ under this. contract for a period
, of one ( I ) year and all shnlbs tor n pcriod of six' (6) months, Matcrial which is either dead
or in poor. health during this period or at completion will be replaced at no charge to the
Owner:, ',Should any of the' plant muterials show 50% or more defoliation .during the
. ws'rranty period; due to' the Contr~ctor's use, of poor quality or improper materials or
workmanship, the Contractor upon' notice. shall: replace, without, delay same with no
" additional' cost to the Owner. Should any plant require replacing, ,the new plant shaH be
given the equal 'amount ofv.'arranty. '
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ARTICLE 25. GENERAL PLANTING SPECIFICATIONS - IIUUGA TION SYSTEM
DESCRIPTION
The work specified in this Section consists of tllf~ installation of an automatic underground irrigation
system as shown or noted in the plans, Provide all labor. materials. equipment. services and facilities
required to perform all work in connection with the underground sprinkler irrigation system.
complete, as indicated on the drawings and/or specified. Work noted as "NIC". "existing", Of "by
others" is tiot included in this pay item.
" The irrigation phlns are schematic in nature. Valves and pipes shall be located in the turf/landscape
areas except at road/paving crossings.' All piping under paving shall be sleeved. Changes in the
irrigation system layout sha!1 be modified with the approval of the Engincer.
QUALITY ASSURANCE
The' irrigation work shall be installed by qualified personnclor a CJualified irrigation subcontracting
company that has experience in irrigation systcms of similar size. scope. mainline. system pressure.
controls. etc.
All applicable Ai'JSl, ASTM. FED. SPEC. Standards and Specifications. and all applicable building
codes and other public agencies having jurisdiction upon the work shall apply.
Workmanship'
All work shall be installed in a neat. orderly and responsible manner with the recognized standards,
of workmanship. The Engil1eer reserves the right to reject material or work which does not conform
to the contract documents. Rejected work shall be removed or corrected at the earliest possible time
at the contractor's expense.
Operation and Maintenance Manuals
The contractor shall prepare and deliver to the Enginecr within tell (10) calcndar days prior to
completion of constnlction a minimum or three (3) hard cover hinders with threc rings containing
the following information: '
I. , Index sheet stating thc contractor's address and busincss lelcphone number. 24 hour
emergency phone number. person to contact. list of equipmcnt with nnl1le(s) and
addressees} of local manufacturer's representative(s) and local supplier where
~eplacement equipment can be purchased. '
2. Catalog and pan sheet all every l1luterinl ancl equipment installed undcr ihis contract.
, 3. Complete opcrating and maintenance instructions on all major equipment.
Si:clionlV 511
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4.
Providc the Enginecr and rhe City of Clearwater maintcnance stan' with written and
"hands on" instnlctions for major' equirment and, sho\v evidence in writing to 'the
Engineer at the conclusion of thc project that this service has been rendered.
A." Four hour instnlction (minimum) for the prip Emitter equipment operation and
maintenance.
B. Two hour instnlction (minimum) for automatic control valve operation and
maintenance,
PROJECi CONDITIONS
A; The Irrigation Contractor shall coordinate the work with all other trades, all
underground improvements. the location and planting of trees, and all other
planting. Verify planting requiring excavation 24 in. diameter and larger with the
Engineer prior to installation of main lines.
I'
B. Provide temporary irrigation at all times to maintain plant materials.
C. The Irrigation ,Contractor is responsible to maintain the work area and equipment
until' final acceptance by the Engineer. Repairs and replacement of equipment
broken. stolen, o'r missing as well as regular maintenance operations shall be the
obligation of the contractor.
'"
. D. The Irrigation Contractor shall submit a traffic control plan (per FOOT
specifications) to the Engineer prior to initiating constnlction on the site. The
Contractor shall be responsible for the maintenance of trame signs. barriers. and
any additional equipment to comply with the FOOT standards and to ensure the
safety of its employees and the public, I
WARRANT\'
The Manufacturer(s) shall warrant the irrigation system components to give satisfactory service for
one (I) year period from the date of acceptance by the Engil1eer and the City of Clearwater. Should
any problems develop within the warranty period due to inferior Of faulty materials, they shull be
corrected at no' expense to the City ofClea..water or FOOT.
PRODUCTS
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A. All materials throughout the system shall be new and in perfect condition. No
deviations from the specifications shall be allowed except as noted.
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PIPING
A.
Th,e'irrigation system pipe shall be as stated herein and shall be furnished. installed
and tested in ~ccordance with these specifications.
B:
All pipe is herein specified to be Polyvinyl Chloride (PVC) Pipe. 1120. Schedule 40.
conforming to ASTM D2665 and D 1785.
c.
All nipples. pipe connections, bushings. swing joints. connecting equipment to the
mainline is required to be threaded Polyvinyl Chloride (Pve) Pipe. Schedule 80.
. ,
, PIPE FITTINGS,
AU pipe fittings for Schedule 40 pve pi pe shall be as 'follows:
Fittings shall conform to the requircments of ASTM D2466. Standard Specification for
Polyvinyl Chloride (PYC) Plastic Pipe Fiitings. Schedule 80: All fittings shall bear the
manufacturer's name or trademark. material designation. size. applicable IPS schedule
and NSF seal of approval. The connection of mainline pipe to the automatic control valve
shall be assembl~d with threaded Schedule 8~ fittings and threaded Schedule 80 nipples.
PVC PiPE CEMENT AND PRIM ER
A. Provide solvent cement and primer for pye solvent. weld pipe and fittings as
recommel1dcd by the manufacturer. Pipe joints for solvent weld pille to be belled
, end.
B. Purple primer shall be applied aftcr thc pipe and fittings has been cut and cleaned.
The Primer shall be of cnntrasting color and be easily recognizable against Pye
pipe.
THREADED CONNECTIONS
.' "
A. Threaded PYC connections shall be made using Tellolrtape or Tetlon pipe sealant.
GATE VALVES
SccliolllV
A. Manual gate valves 2 in.' and smaller: Provide thc following. unless' otherwise noted
on Drawings:
1'. ,200-250 psi Ball Val\:e
2. rvc body - with Tenon Ball Seals
3. Threaded-Dual end Union Connectors
4. Non~Shock Safe- T -Shear Stem
Safe~ T ~Shear True Union Ball Yalve as manufactured. by Spears
Manufacturing Company. Sylmcr. California. or approved equal'.
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B.
Gate valves 2-1/2" in~ and lar~er: Provide the fl1l1o\yin~. unless otherwise noted on
. ~
Drawil1gs:
I. A WW A-C-509
2., 200 lb. O. W.G.
3. Cast Iron body - ASTM A 1 ~6 Class B
4. Deep socket joints '
5. Rising stem
, 6. Bolted bonnet
7. Double disc
8.. Equipped with 211 square operating key with tee handle
, ,
C. Provide two (2) operming keys for gate valve 3" and larger. The "street key"
shall be 51 long with a 2" square operating nut.
SLEEVES
A. 'Sleeves: (Existing by City of Clearwater)
. ' 'REMOTECONTROLVALVES
) ,
A The remote control valve shall be a solenoid actuated; balance-pressure across-the
diaphragm type capable of having a flow rate of 25-30 gallons ,per minute (GPM)
with a pressure loss not to exceed 6.1 'pounds per square inch (PSI). The ,valve
pressure rating shall not be less than 150 PSI. ' ,
, The valve, body and bonnent shall be constnlcted of high inipact weather resistant
plastic. stainless stcel and other chemicaIlUV resistant materials. The valve's one-
piece diaphragm shall be of durable santoprene material with a clog resistant
metering orifice.
The valve body shall have a \'" inch (FNPT) inlet and outlet or a one inch slip' by
slip inlet and outlct for solvent weld pipe conncctions.
The valve construction slu:,1I be as such to provide for all internal parts to be
removable from thc top of the valve without disturbing the val ve inst~llation.
The valve shall be as manufactured by Rain Bird Sprinkler Mfg. Corp;.
.,' 9lendora. California. or approved equal.
B. Identify all control valves using metall.D. tags numbered to match
drawings.
?,
VALVE BOXES
A. For remote control 'drip valve assembly and UNIK controHimcr use a Brooks #36
concrete value box with #36- T cast iron traflic bearing cover. or appro~ed equal. '
Section IV
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For flush valve assembly use an Amctck # 181014 (10") circulur valve box
with # 181015 cover comparablc to Brooks, or approved equal.
c.
For air relief assembly use an Ametek # 18200 1.(611) economy turl'box
with # 182002 cover comparable to Brooks, or approved equal.
DRIP IRRIGATION
AI. Construction - Techline shall consist of nominal sized ol1e-half inch (1/2") low-density linear
polyethylene tubing with internal pressure compensating, continuously self-cleaning, integral
drippers at a specified spacing, (12", IS", or 24", centers). The tubing shall be brown in
'color and conform to an outside diameter (0.0.) of 0.67 inches and an inside diameter
(1.0.) of 0.57 inches.' Individual pressure compensating drippers shall be welded to the
inside wall of the tubing as an integral part of the tubing assembly. These drippers shall be
constructed of plastic with a hard plastic diaphragm retainer and a self.flushing/c1eaning
elastomer diaphragm extending the full length of the dripper,
A2.' "Operation . The drippers shall have the ability to independently regulate discharge rates,
with an inlet pressure of seven to seventy(7-70) pounds per square inch (PSI), at a constant
flow and with a manufacturer's coefficient of variability (Cv) of 0,03, Recommended
, operating pressure shall be between 15-45 PSI. The dripper discharge rate shall be 0.4, 0.6,
or 0.9 gallons per hour (GPH) utilizing a combinatinn turbulent tlovdreduced pressure
compensation cell mechanism and a diaphragm to maintain uniform discharge rates. The
drippers shall continuously clean themselves while in operation. The dripperline shall be
available in 12", IS" and 24" spacing between drippers unless otherwise specified. TechIine
pipe depth shall be under mulch unless otherwise specified on Plans, Maximum system
pressure shall be 45 PSc. Filtration shall be 120 mesh or tiner. Bending radius shall be 7".
For on-surface or under mulch installations, 6" metal wire staples (TLS6) shall be installed
3' -5' on center, and two staples installed at every change of direction.
B.
Line Flushing Valves: The sub-surface system shall utilize Automatic Line Flush Valves at
the end of each independent zone area. This valve shall be capable 'of flushing one gallon at
the beginning of each irrigat ion cycle. The valves shall match the dri pI ine manufacturer al1d
connect directly to the dripline.
c.
Air/Vacuum Relief Valve: Each independent irrigation zone shall utilize an Air/Vacuum
Relief Valve at its high point(s). The air and vacuum relicf valve shall seal eflcctively from 2
to 110 psi.
0:
Pressure Regulators: The pressure regulator shall be designed to handle steady inlet
pressures over 150 pounds per square inch (psi) and maintain a constant outlet pressures of
25 psi. Regulating accuracy shall be within =/-6%. The pressure regulator shall be
manufactured from ,high-impact engineering grade thermoplastics. Regulation shall be
accomplish'ed by a fixed stainless steel compression spring which shall be enclosed in a
chamber separate from the water passage.
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E,
Filters: The filter shall be a multiple disc type filter with notation il1dicating the minimum
partial size to travel throllgh or Ihe mesh, size of the c1emcl1t being used. The discs shall be
constructed of chemical resistnnl thermoplastic for corrosion rcsistancc.
F.
Fittings: All connections shnll be made with barb or compression type titting connections.
Fittings and dripline shall be as manuf:lcturcd by the manufacturer of the dripline to ensure
the integrity of the subsurface irrigation system ' ,
AUTOMATIC CONTROL TIMER
A.
The irrigation controller (control module) shall be programmable by a separate transmitter
device only. The program shall be communicated to the Control Module from the Field
Transmitter via an infrared connection.' The controller shall be of a module type which may
be installed in a valve box underground. The controller shall function normally if submerged
in water and the communication from the transmitter shall function if.submerged in water.
The control module shall be housed, in an ASS plastic cabinet and shall be potted to insure
waterproof operation. The control' module shall have two mounting slots for .screws
;allowing the module to be securely mounted inside a valve box,
The controller shall operate on Ol1e nine volt alkaline battery for one full year regardless of
,the number of stations utilized. The controller shall operate I, 2, or 4 stations either
sequentially or independently.
The controIler,shaIl have three independent programs with eight start times each, station run
'. time capability from one minute to twelve hours in one minute increments, and a seven day
calendar. The controller shall turn on stations'via latching solenoids installed on the valves.
Manual operations shall be initiated by attaching the Field Transmitter to the Control
Module and programming a manual stal1. The controller shall be capable of manual single
station or manual program operation.
, The controller shall be as manuf:'lctured by, Rain Bird' Sprinkler Mfg. Corp.. Glendora,
. California USA.
FIELD TRANSMITTER
A. The irrigation controller shall be programmable' by a separate transmitter device (Field
Transmitter) only. The Field Transmitter shall communicate to the Control Module via an
. infrared 'connection. The Field Transmitter shall be water resistant and housed in ASS
plastic and have a removable, reversible protective sheath., The Field Transmitter shall
operat~ on one 9V alkaline battery.
The Field Transmitter shall have a large LCD screen and a seven~key programming pad. A
beep sound shall confirm every key stroke. The screen shall automatically turn off after one '
minute when 'not in use. '
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The Field Transmitter shall be capable, or programming an unlimited number of UNIK
Control Modules.
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The Ficld Transmitter shall be as manufactured by Rain Bird Sprinkler ~fg, Corp.,
Glendora, California USA.
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LATCHING SOLENOID
A. The,Latching Solenoid shall be supplied with an installed, filtered adapter allowing
installation of the solenoid onto any Rain Bird DV, PGA, PES, PES-B, GB, of EFB series
'valve.' '
The Latching Solenoid shall be as manufactured by Rain Bird Sprinkler Mfg. Corp.,
Glendora, California USA.
- ...,.
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EXECUTION
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GENERAL INSTALLATION REQUHtE!\'1ENTS
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A.' Before work is commenced, hold a conference with the 'Engineer to discuss
general details of the work. .
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B. VerifY dimensions and grades at job site before work is commenced.
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C. During the progress of the work. a competent superintendent and any assistants necessary
shall be on site, all satisfactory to the' Engineer. This superintendel1t shall not be changed.
except with the consent of the Engineer. The superintendent shall 'represent the Contractor
in his absence and all directions givel1 to the superintendent shall be as binding as if given to
the Contractor.
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D. Obtain and pay for all irrigation and plumbing permits and all inspections required by outside
, authorities.
E.
All work indicated or notes on the Drawings shall be provided whether or not specifically
mentioned in these Technical Special Provisions.
71
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F.
If there are ambiguities betweel1 the Drawings and Specifications, and specific interpretation
or clarification is not issued prior to bidding, the interpretation or clarification will be made ,
only by the Engineer. and the Contractor shall comply with the decisions, In event the
installation contradicts the directions given. the installation shall be 'corrected by the.
Contractor at no additional cost.
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O. Layout of spril1kler lines shown on the Drawing is diagrammatic: only. Location of sprinkler
equipment is contingent upon and subject to integration with all other underground utilities.
Contractor shall employ all data contained in the contract Documents and shall veritY this
information at the construction site to confirm the manner by which it relates to the
installation.
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H.
Do' ndt proceed with the il1stallation of the sprinkler system when it is apparent that
obstructions or grade ditlcrcnccs exist or if contlicts in construction details. legcnd. or
specilic notes arc disclwcrcd. All sllch obslnlCriol1s. conflicts. or discrepancies shall be
brought to the attention of the Engineer, '
,I.
The disturbance of cxisting paving Will not be permitted. Install all required sleeving prior to
roadway base.
EXCA V A TING AND BACKFILLING
A. ,Trenching - Gener~l:
1.
Dig sides of trenches straight. Provide conti,nuolls support for pipe on bottom of
trenches. Lay pipe to uniform grade. Trenching excavation shall follow layout indicated
on Drawings.
2.
Maintain 6 in. Horizontal alid Illinimul11 clearance between sprinkler lines and between
all tines of other trades.
a. Do not install sprinkler Jines directly above another line of any kind.
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3.
Maintain 6 in. vertical minimum between sprinkler lines which cross at angles of 45
,degrees,to 90 degrees. '
'.1'.
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4.
Exercise care when excavating. trenching and working near existing utilities.
B. Backfilling:
1.
All pressure supply lines (mainlil1c) shall have 1811 of till placed over the pipe.
")
-.
Initial backfill on all lines shall be of a fine granular material with no foreign matter
larger than Ij~ in,
3.
Compact backfill according to Section 125 of FDOT Specification Book, 1996 Edition.
4.
Do ndt. under any circumstances. use equipment or vehicle wheds for compacting soil.
'5.,
Restore grades and repair damages where settling occurs.
6. Compact each layer of fill with approved equipment to achieve a maximl'm density per
AASHTO T180 - latcst edition. Under landscaped area. compaction shall not excecd
95% of maximum density.
7. ' Compaction shall be obtained by the use of mechanical tampers or approved hand
, tampers. When hand tampers are used. the materials' shall be deposited in layers not
more than six (6") inches thi~k. The hand tampers shall be suitable for this purpose and
sh,ull have a face area of not more than 100 square inches. Special precautions shall be
taken to prevent damage to the irrigation system piping and adjacent utilities.
See I illllIV :'7
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C. Routing of piping:
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Routing of ,pressure and non-pressurc piping lincs arc indicated diagrammatically on
Drawings.
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, Coordinate specimen trees and shrubs with routing of lines.
a. Planting locations shall,take precedence over sprinkler and piping locations.
b. Report to Owner any major deviation from routing il1dicated.
3.
Conform to Drawings layout without offsettil1g the various assemblies from the pressure
supply line.
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4.
Layout drip tube and make any minor adjustments required due to differences between
site and Drawings. Any such deviations in layout shall be within the intent of the
original Drawings. and without additional cost.
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5.
. Layout all systems using an approved staking method. al1d maintain the staking of
approved layout.
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INSTALLATION
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A. Water supply: Connections to the water sources shall be at the approximate locations
indicated on the Drawings. Make minor changes caused by actual site conditions without
additional cost to the Owner.
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B.'
Assemblies:
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1. Routing or pressure supply lilles as indicated all Drawings is diagrammatic only. Install
lines and required assemblies in accordance with details all Drawil1gs.
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2. Do not install multiple assemblies on plastic lilies. Provide each assembly with its OW~l
outlet. When used. the pressure relief valve shall be the last assembly.
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3. Install all assemblies in accord with the respective detail Drawings and these Technical
Special Provisions.
4., Plastic pipe and threaded fittings 'shall be assembled using Teflon tape. applied to the.
male thread,S only.
c.
Sleeves: (Existing by City of Clearwater)
,
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I. The contractor shall verify the location of all existi'ng sleeves as sh~wn on the roadway.
. utility and/or irrigation plans and notitY tile Engineer of ilny discrepancies.
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Plastic pipe:
!. Install plastic pipe in accord with manlllactllrcr's recoJllll1cndat!ons.
2. Prepare all \velded joints \\lith manulacturer's cleaner prior to applying solvent.
a. . Allow welded joints as least 15 minutes setup/curing time before moving or
handling.
, b.
3. Curing:
Partially center load pipe' in tr~nchcs to prevent arching and shifting when
water pressure is on.
c.
Do not permit water in pipe until a peri'od of at least four hours has elapsed
for solvent weld' setting and curing. unless recommerided otherwise by
solvent manuf.,cturer.
a:
When the temperature is above 80 degrees F., allow soluble weld joints at
least 24 hours curing time befor~ water is introduced under pressure.
4 Flushing the system:
a.
After all sprinkler pipe lines and risers are in place and connected, open the
captrol valves and flush out the system with a full head of water.
5. Installing piping under existing pavement:
, a.
E. Controllers:
Piping under existing pavement may be installed by jacking & boring.
b.
Secure perniission from the Engineer before cuttil1g or breaking any existing
pavement: All repairs and replacements shall be approved by Engineer and
shall be accomplished at no additional cost.
1. Install all automatic controllers as sho\vn in the plans.
Section IV .
a. The location of all, controllers shall be. approved by the Engineers
representative prior to installation.
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Remote Control Valves:
1. Install at suOicien't depth to provide Il;ot 'more than ~ in.. 'nor less than 4 in. cover 'crom'
the'top 'of the valve to finish grade'. '
I
2. Install valves in a plumb position with 24 in.' mil1imum maintenance clearance from
other equipment, 3 feet minimum from edges of sidewalks, buildings, and walls, and no
closer than 7 feet from the back of curb or edge of pavement along roadways.
. ,
3. Contractor, shall adjust the valve to provide the proper flow rate or operating pressure
.: for each' sprinkler zone.
I
Gate valves:
I. Install where indicated and with sufiicient clearance from other materials for proper
maintenance.' .
2':" \ Check and tighten valve b'onnet packing belare back till.
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ARTICLE 27 ~ PLANT MIX URIVE\VA YS:
1:
New driveways ,'or existing black top driveways that, must be broken back in widening the
pavement (remove only enough to allow adequate grade for access to the street) shall be
, constructed or replaced in accordance with the specitlcations for paving the street with the
exception 'that the base shall be six (6) inches. Use' Section '23-G Asphaltic Co'ncrele as
specified for the street paving, ' '
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When, finished surface of existing drive is gravel. replace- ment shall be of like material.
Payment 'shall be the same as Plant Mix Driveways. .'
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, BASIS OF MEASUREMENT: Measurement shall be the number of square yard of Plant
Mix Driveways in place and accepted. '
BASIS OF PAYMENT: Payment shall be the unit price per square yard for Plant Mix
Driveways as measured above.. which price shall be filII compensation for all work described
in this section of the specifications and shall include allmaterinls. equipment, tools, labor and
incidentals necessary to complete the work, '
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ARTICLE 28 - REPORTING OF,TONNAGE OF RECYCLED MATERIALS
. '
The State 'of Florida has imposed strict requirements on Solid Wastes Handlers to decrease the
generation of solid waste products and in particular to increase the amount of recycle products, In this
regard, the City is required to determine the monthly total tonnage of all construction debris which is
recycled in this contract. A recycled material is any material reused in any manner' which diverts its
Rltemative disposal to a publicly assessable landfill or by incineration. lfa material, such 'as clean earth,
is, not nonnaIly disposed to a landfill or incineration. then it is 110t to be considered a recyclable
material. The Contractor is required to in~lude in each, request' for payment the total tonnage of
materials which were recycled by the contractor during the contract period for which the paymen't
, , ' request is made. Any cost to the cO'1tractor for the development and submittal o'fthis infonnation is to
be included in t~e contract items provided in the original contract' proposal. ' '
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ARTICLE 29 w CONCRETE CURBS:
Concrete 'Curbs shall be constructed to the line. grade Hnd dimensions as shown on the plans:
Expansion joints shall be placed at intervals not to exceed 100 feet. scored joints shall be placed
at intervals not to exceed 10 feet. See applicable Sections 6, 7, and 8.
'.'"71
'....1
BASIS'OF MEASUREMENT: The basis of measurement shall be lineal feet of curb in place
and accepted.
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BASIS OF PAYMENT: Payment shall be the unit price per lineal foot of curb. which price
shall be . fun compensation for all work described in this and other applicable parts of the
specifications and shall include all materials. equipment. tools. labor and incidel1tals necessary
to complete the work.
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ARTICLE 30 w CONCRETE SIDE\VALh':S AND DRIVE\VA YS:
..
Concrete sidewalks sliall be cOllstnlcted, to the line. grade and dimensions 'as shown on the
plans or herein specified. Concrete sidewalks shall have a minimum thickness of four .inches
except at driveway crossings. ClC. At these joints the minimulll thickness shall be six inches
. with 6/6 X 10/10 welded wire Illesh reinforcement. Expansion joints shall be placed at
intervals of not more than 100 hundred. (100) feet. Scoring marks shall be made every five (5)
feet. See concrete applicable Section Numbers 6. 7. & 8, Concrete shall be poured only nn
compacted subgrade.
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CONCRETE DRIVE\V A YS: Concrete driveways. new construction or replacement. shall
be a minimum of six (6) inches in thickness with 6/6 X 10/10 welded wire mesh reinforcement
and a minimum horizontal distance between expansion joints of no less than four (4) feet
measured in any direction. Concretc shall be poured only' on compacted subgrade., See
applicable Section numbers above.
BASIS OF MEASUREMENT: The basis ofmcasuremcnt shall be the number of square fcet
of 411 concrete sidewalk, 6" concrete sidcwnlk. and 6" concrete driveways in place and
accepted. '
BASIS OF I)A YMENT: Payment shall be thc unit price per square loot lor each itclll as
measured above, \vhich price shall be ttlll compensalion tor nil work described in this section
and other applicable pans of the specifications unci shall include alll1latcrials. equipment. tools,
labor and incidentals necessary 10 complew the work
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ARTICLE 31 - SODDING:
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When sod is called, for in the plans and specifications, the contractor'shall place sod at the
direction of the Engineer in conton11ance'with D.O.T. Specifications Sections 575, 981.2 and
982 or latest revisions. Area for sod application shall be loosened to a suitable depth and
finished to a grade compatible with existing grass and structures. Fertilizer shall be applied
prior to placement of sod at a rate of 600 pounds per acre. Commercial sod matching existing
sed in the area of application shall be placed and watered to insure growth and a healthy, stand
of grass. Any question of the type of existing sod shall be detennined by the Engineer. Sod
. shall be placed with edges in close contact and shall be compacted to uniform finished grade
with a sod roller immediately after placemeiu. Any pieces of sod which, after placing, show an
appearance of extreme dryness shall be removed and replaced. Contractor shall continue to
wat~r sod <?,nce a week for a period of at least one month or until tennination of the contra~t.
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When this work is given as a bid item such item shall cover all labor, equipment and materials,
(including water) requir~d for this work arid shall be paid for on the basis of each square foot in
place and accepted. lfcalled for on the plans but not as a bid,item. then the cost orsuch work
as stated above shall be included in the cost of the other work.
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ARTICLE 32 - SEEDING:
When called for. seeding shall be placed as called for on the, plans in the lollowing manner. The
area to be seeded shall be brought to the required line and grade, fertilized and seeded in basic
conformance with O.O.T. Specifications. Sectiol1 570~4. with the exceptiol1s that Argentine
Bahia Seed shall be used instead of Pensacola Bahia. and no ,sprigging will be required.
However, as stated in D.O.T. Specifications, Section 570~4.S. the addition of 20 lb. Rye Seed
(to total 60 lb. of seed per acre) will be required during the stated periods. . It is also required
. that'the Contractor maintain said seed until growth is assured.
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When this work is given as a bid item such hem shall cover all labor, material. equipment
(including water), required for this work, and shall be paid for on the basis of each square yard
in place and accepted. If called for on the pi ails. but not' shown as a bid item, then the cost of
sllch work as stated above shall be included in the cost of other work
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ARTICLE 33 - STORM MANHOLES, INLETS, CA Tell BASINS OR OTIIER ,STORM
STRUCTURES:
For details on specific design ofa type ofstoml structure refer to Part B - Index Numbers 200 to 235.
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When required, .inlets, catch basins or other structures shall be constructed according to the plans and
applicable parts of the specifications, Section Numbers 7, ,8, & 9, and as approved by the Engineer.
Said structures shall be protected and saved fro'm damage by the elements or other causes until
acceptance of the work.
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A.
BUILT-UP TYPE STRUCTURES: Manholes shall be constructed of brick with cast iron
frames and covers as shown on the Index Numbers 201 and 202. Invert channels shall be
constructed smooth and semi-circular in shape conforming to inside of adjacent sewer section.
Changes in direction of flow shall be made in a smooth curve of as large a radius as possible.
Changes in size and grade of channels shall be made gradually and evenly. Invert channels shall
be built up with brick and mortar on top of concrete base. '
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The storm structure floor outside of channels shall be made smooth and sloped toward
channels.
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Manhole steps shall not be provided. Joints shall be completely filled and the mortar shall be
smoothed from inside ofthe manholes.
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The entire exterior of brick manholes shall be plastered with one-half inch of mortar.
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, Brick shall be'laid radially with every sixth course being a stretcher course,
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In, cases where a stonn pipe extends inside a stnlcture, the excess pipe will be cut off with a
concrete saw and shall not be removed with a sledge hammer.
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PRECAST TYPE: The manhole base shall be set on a pad of dry native sand approximately
five inches thick to secure proper seating and bearing.
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ARTICLE 33 ~ STORM MANHOLES. INLETS. CATCH BASINS on OTHER STORM
STRUCTURES continued:
Precast Manholes and Junction Boxes: The Contractor may substitute precast manholes and
junction boxes in lieu of cast~in~place units unless otherwise shown on the plans. Precast Inlets
wilJ not be acceptable.' When precast units are substituted. the constmction of such units must
be in accordance with ASTM C-478, or the standard specifications at the manufacturers
option.
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outside, the distance between precast openings for pipe or precast opening and top edge, of
precaSt structure be no less than wall thickness.' A minimum of four courses of brick win be
provided under manhole ring so' that future adjustment' of manhole lid can be, accommodated.
, Manhole steps shall not be provided. Manhole using O~ring between precast sections wiII not
be acceptable for storm structures.
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" ,BASIS OF PAYMENT: Payment for Junction Boxes. Manholes or other structures, shall be
, " on a unit basis. '
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ARTICLE 34 - MATERIAL USED:
All material incofporated into ihe, final work shall be new material unless othelwis~ approved
by the Engineer. Ifrequested by the Engineer. the Contractor shall furnish purchase rcceipts,of
all materials. ' ': 0
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ARTICLE 35. CONFLICT BET\VEEN PLANS AND SPECIFICATIONS:
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'whenever a conflict appears between the plans and specifications. the more stringent,
'requirement. shall apply. If a conflict is of such a nature as, to require a decision. then a written
request for clarification must be made prior 10 starting that phase of cOl1struction.
',ARTICLE 36 - STREET SIGNS:
Removal or relocation of signs by the Contractor is specifically PROHIBITED on this project.
All regular street signs will be removed or'installed by the City's Traffic Engineering DiVision.
The Contractor,is directed to notify the Tramc Engineering Division at least 24 hours in'
, " advance of proposed sign removal.
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ARTICLE 38 - EROSION AND SILTATION CO~TI{OL
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1. STABILIZATION OF DENUDED AREAS: No disturbed arca may be denuded for morc
than thirty (30) calendar day's unless otherwise authorized by the City Engineer. During
construction, denuded areas shall be covered by mulches such as straw. hay. filter fabric. secd
and mulch. sod, or 'some other pennanent vegetation, Within sixty (60) calendar days after
, final grade is established on any portion of a project site. that portion of the site shall be
'provided with established pemmnent soil stabilizatiol1 measures per the original site plan,
, whether by impervious surface or landscaping.
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2. PROTECTION AND STABILIZATION OF SOIL STOCKPILES: Fill material
stockpiles shall be protected at all times by on-site drainage controls which prevent erosion of
the stockpiled material. Control of dust from such stockpiles may be required, depending upon
their location and the expected len&,rth of time the stockpiles will be present. In no case shall all
uristabiIized stockpile remain atter thirty (30) calcl1dar days.
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3. PROTECTION OF EXISTING STORl\I SE\VER SYSTEMS: During construction, all
stonn sewer inlets in the vicinity of the project shall be protected' by sediment traps such as
secured hay bales, sod, stone, etc., which shall be maimained and modified as required by
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construction progress, and which must be approved by the City Engineer before installation.
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4. SEDlM.ENT TRAPPING MEASURES: Sediment basins and traps, perimeter bemls, filter
fences, bemls, sediment barriers, vegetative butters and other measures intended to trap
sediment and/or prevent the transport of sediment onto adjacent properties, or il1to existing
water bodies; must be installed, constructed; or. in the case of vegetative butlers. protected
from disturbance, as a first step in the land alteratiol1 process. Such systems shall be fully
operative and inspected by the City before any.other disturbance of the site begins. Earthen
structures including but not limited to benns, earth filters, dams or dikes shall be stabilized and
protected from drainage damage or erosion within one week ot'installation.
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S. SEDIMENTATION BASINS: Areas of 3 acres or more shall be required to have
temporary sedimentation basins as a positivc remedy against downstream siltation and will be
shown and detailed 011 cOl1struction plans. During development, pemlUnent detcntion areas
, may be used in place orsill basins, providcd thcy arc maintain'cd to the slltisfaction of the City.
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ARTICLE 38 ~ EROSION A('lD 811...1'A TION CONTROL CONTINUED:
The Contractor will be required to prohibit dischargc of silt through the outfall structure during
construction of any detention urea and will he required to clean out the detention arca bcfore
installing any permanent subdruin pipe. In addition. pcnnanent detention arcas must be totally
cleaned out and operating properly at final inspection and at the end of the one year warranty,
period. When temporal)' sedimentation basins are used. they shall be capable at all times of
contain-ing at least one (1) cubic foot of scdimcnl for each one hundred (100) square feet of
area tributary to the basin. Such capacity shall be maintained throughout the project by regular
removal of sediment fi'om the basin,
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WORKING IN OR CROSSING \V A TER\V A YS OR \V A TERBODIES: Land alteration
and construction shall be minimized in both pennanent and intennittent waterways and the
immediately adjacent bufler of 25 feet from top of bank of the waterways and, the buffer area,
, whenever possible, and barriers shall be used to prevent access. 'Where in-channel wo~k cannot
be' avoided. precautions. must be taken to stabilize the work area during land alteration.
developm~nt and/or construction to minimize erosion. If the channel and buffer area are
disturoed during land aiteration.they must be stabilized within three (3) calendar days after the
inychannel work is completed.
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Silt curtains or other filter/siltation reduction devices must be installed on the downstream side
of the in~channel alteration activity to eliminate impacts due to increased turbidity. \Vherever
,\ stream .crossings are' required, properly sized tempora'ry culverts ~hall be. provided by the
contractor and removed when construction is completed. The area of the crossing shall be
restored to a condition as nearly as possible equal to that which existed prior to any
constnlction activity.
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7.
SWALES, DITCHES AND CHANNELS: All swales. ditches and channels leading from
the site shall be sodded within three (3) days of excavation. All other interior swales, etc.,
including detention areas will be sodded prior to issuance ofa Certificate of Occupancy.
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UNDERGROUND UTILITY CONSTRUCTION: The construction of underground utility
lines and other structures shall be done i~ accordance with the following standards:
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a.' No more than 400 lineal feet of trench shall be
open at anyone time;
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ARTICLE 38 - EROSION AND SILTATION CONTROL CONTINUED:
b. Wherever consistent with safety and space consideration. excavated material shall be cast' to ,
the uphill side of trenches. . Trench material shall not be cast into or onto the stope of any
, stream, channel. road ditch or waterway.
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9.' MAINTENANCE: All erosion and siltation control devices shall 'be checked regularly, '
especially after each rainfall and wi11 be cleaned out and/or repaired as required.
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:.10. COMPLIANCE: FaHure to comply with the aforementioned requirements may result'in a
fine and/or more stringen~ enforcement procedures such' as (but not limited to) ,issuance of a
"~top Work Orderu. . ,
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, City of Clealwater Standard Detail Drawings No. 601-607 are exalnples of accepted methoids
that may be used, or requIred to control 'erosion and siltation,
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Cit\' of Clcat"w:1tl'r - Erosion Contro'
This notice is to inform the prime contractor that the City of Clearwater holds them responsible
for soil erosion control on their site.
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The City of Clearwater Public Works Depar1meilt has the responsibility to minimize the amount of
soil erosion into the Cityts street.s. storm sewers and waterway's.
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The con~truction of a new residence or commercial site and major remodeling of an existing 'site
creates a potential for soil erosion. These instances are usually the result of contractors and
. subcontractors accessing the property with equipment or construction materials. Then rain
s~orrns redistribute the eroded soil into the adjacent streets. storm systems and waterways.
.When erosion takes phlce. a Planning & Development Services Inspector or a Public Works
Inspector will place a correction. notice at the site. The procedure will be as follows:
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. I ~l occurrence
.. 2"11 occurrence R
. 3nl occurrence -
. 4lh occurrence _
Warning
. $30 reinspection fee
$70 reinspection fee
Stop work order
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Dependent' on. the severity of the erosion. the City's Public Works
Administration Department may elect to rectify the erosion problem and
charge the contractor accordingly.
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The attached drawings and details are recommendations for the contractor to use as means to
support the site from eroding. The contractor may elect to shovel and sweep the street daily o~
on an as needed basis. However. erosion must be held in check.
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If the contractor would like to meet with a Public Works inspector on any particular site, please
contact Bob Sebek at 462R6126 Of Rick Albee with Planning & Development Services at 562-
4741.
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Erosion Control Required - City of Clearwater's Code of Ordinances Section 50.43 requires
erosion control on all land development projects.
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Erosion control must be in place and maintained throughout the job. Failure to do so may resuit .
in additional costs and time delays to the permit holder.
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Contact Public Works Administration with specific questions (1t 562-4750.
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ARTICLE 39 - UTILITY TIE-IN LOCATION l\'lAHKING:
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The tie~in locations for utility laterals of water. sanitary sewer. and gas shall be plainly marked on the
back of the curb. Marking placed on the curb shall be perpendicular with respect to the curb of the
tie~in location on the utility. lateral. Marks shall not be placed on .the curb where laterals cross
diagonally under the curb. The tie.in location shall be the end of the utility' lateral prior to service
connection.
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. Markings shall be unifonn in size and shape and colors in confonllance with thc'code adopted by the
American Public Works Association as follows: .
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SA FETY -RED
- Electric power, distribution & transmission
- Municipal Electric Systems
. - Gas Distribution and Transmission
Oil Distribution and Transmission
Dangerous Materials. Produce Lines. Steam Lines
HIGH V1SmILITY
" SAFETYVELLOW
~AFETY ALERT
. ORANGE
- Telephone and Telegraph Systems
Police and Fire Communications
Cable Television .
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SAFRIT PRECA UTION
BLUE,
- Water Systems Sluny Pipe Lines
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SAFETY GREEN
- Sewer Systems
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Marks placed on curbs shall be rectangular in shape and placed with the long dimension perpendicular .
to the flow line of the curb. Marks placed on valley gutter 'and modified curb shall be 611 x 3" and .
placed at the back of the curb. Marks placed on State Road and vertical clirb shall be 4" X 211 and be
placed on the curb tace.
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Section IV
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ARTICLE 40. - A'VARD OF CONTRACT, 'YORK SCHEDULE AND GUARANTEE:
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It will be required that the work will commence not latcr than five (5) calendar days
. aner the Engineer gives written noticc to proceed, which notice shall be given as
outlined in Article 14 - General Condit.ions.
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It is further required that all work within this contract be completed within
conSecutive calendar days. Contract, date to connnencc af issuance of notice to
proceed. If the Contractor fails to complete the work within the stipulated time, the
City will retain the amount stated in the Contract, per calendaf day, for each day that
, the' contract remains incomplete. The work shall be. discontinued. on Saturdays, .
Sundays, . and approved Holidays. If it becomes necessary for the' Contractor to
perform' work on Saturdays, Sundays, and approved City :of Clearwater Employee .
Holidays, that in the opinion of the Assistant Public Services Director, will require the
presen~e of Inspectors, the Contractor shall pay the City of Cleanvater, Flori~ ,the
amount of Three Hundred Twenty Dollars ($320.00) per eight-hour day for each
Inspector given 'such assignment.
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The Contracto,r shall remedy any defects in lhe work at his own expense\ and pay for
any damage to other work resulting therefrom which appear within a period of one
year from the date offinal acceptance. . .
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, ARTICLE 44. \VORK ZONE TRAFFIC CONTROL
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CONTRACTOR RESPONSIBILITY FOR WORK ZONE TRAFFIC CONTROL - The Contractor
shall be responsible to furnish, operate. maintain and remove all work zone traffic control associated
with the Project. including detours, advance warnings. channelization, hazard warnings and any other
necessary features, both at the immediate work site and as may be necessary at outlying points, '
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WORK ZONE TRAFFIC CONTROL PLAN - The Contractor shall prepare a detailed traffic control
plan designed to accomplish the level of performance outlined in the Scope of the Work and/or as may
be required by construction pemlits issued by Pinellas. County and/or the Florida Department of
Transportation for the Project. incorporating the methods and criteria' contained in Part VI. Standards
and Guides for Traffic Controls for Street and Highway Construction, Maintenance. Utility and .
Incident Management Operations in the Manual on Unifonn Traffic Control Devices published by the
, U.S. . Department of -Transportation and adopted as amended by the ,Florida Department of
Transportation, or most recent addition,
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ROAD\V A \' CLOSURE GUIDELINES
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Roadway types: Major Arterials. Minor Arterials. Local Collectors.. and Local
,'Following are typical requirements to be accomplished prior to c1osur~. . The number of
. . requirements increase with traffic 'volume and the impol1ance of access. Road' closures affecting
business or sole access routes will increase in process requirements as appropriate;
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All Roadwnvs.
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Obtain permits for Pinc\las County and Florida Department of Transportation roadways.
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Traflic control devises conform to national.and state standards.
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Public Notification: ,
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Standard property owner notification prior to staTt of construction for properties
directly affected by the canst ruction process,
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ARTICLE 44. \VORK ZONE TRAl'FIC CONTROL CONTINUED:
Maior Arterinls. Minor Arterials. toe,,1 Collectors
Consult with City Trame staff for prcliminal)' traffic control options: .
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Develop Formal Trame Control Plan for Permit Submittal to Regulatory Agency as necessary.
Public Notification:
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.2. Message Board Display, Minimum of 7 day notice period 'prior to road closure and
maybe. longer for larger highway. The message board is to be provided by the
Contractor. .
Maior Arterials. Minor Arterials
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Public Notification:
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3, C- View Release
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MaioI' Arterials
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Public Notification: '
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4. News Release .'
5. The Message Board may need to be displayed for a period longer than 7 days.
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'APPROVAL OF WORK. ZONE TRAFFIC CONTROL PLAN - The Contractor is. invited and
encouraged to confer in advance of bidding. and is required. as a specification of the work, to confer in
advance of beginning any work on the Project. with the 'ORice of the Traffic Engineer, Municipal
Services Building. 100 South Myrtle Avenue. telephone 562-4772. for the purpose of approval of the
Contractor's proposed detailed traffi~ control plan. '
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INSPECTION OF WORK ZONE TRAFFIC CONTROL OPERATION - The Office of the Traffic'
Engineer may inspect and monitor the traffic control plan and traffic control devices of the Contractor,
The ~ity's Construction Inspector assigned to the project, may make kilown requirements for any
alterations or adjustments to the traffic'control devices. The Contractor shall take direction from the
Project Engineer or Project Inspector.
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ARTICLE 44. 'YORK ZONE TRAFFIC CONTr~OL CONTINUED:
PA ThIENT FOR WORK ZONE TRAFFIC CONTROL ~ Payment for Work Zone Traffic Control is
a non-specific pay item to be included in the construction costs associated with other specific pay ite~s
unless specifically stated otherwise in the Scope of Work in these Technical Specifications and a bid
item(s) is included for Work Zone Traffic Control in the Proposal Fonn.
CERTIFICATION OF-WORK ZONE TRAFFIC CONTROL SUPERVlSOR- The City may require
that the Supervisor or Foreman controlling the work for the Contractor on the Project hav'e a current
International Municipal Signal, Association, Work Zone Tratlic Control Safety Certification or
Worksite Traffic Supervisor Certification from the American Tratlic Safety Association with additional
. current Certification from the Florida Department ~f Transportation. This' requirement for
,Certification will be noted in the Scope. of Work and/or sections of these Technical Specifications.
When the certified supervisor is required for the Project. the supervisor will be on the Project site at all
times.\vhil.e work is bein!? conducted.
The Worksite Traffic Supervisor shall be available on a 24-hour per day basis and shall review the
, project on a day to day basis as well as being involved in all changes to tratlic control.. The Worksite
Traffic Supervisor shall have access to all equipment and materials needed to maintain traffic control
and handle traffic' related situations. The Worksite Tra'ffic Supervisor shall ensure that routine
de~ciencies are corrected within a 24-hollr period.
The Worksite Traffic Supervisor shall be available on the site within 45 minutes alter notification of an
emergency situation, prepared to positively respond to repair the work zone tramc control or to
provide alternate traffic arrangements. '
Failure of the Worksite Trafl:k Supervisor to comply with the provisions of this Subartic1e may be
grounds for decertification or removal from the project or both. Failure to maintain a designated
Worksite Traffic Supervisor or failure to comply with these provisions will result in temporary.
suspension of an activities except trafHc and erosion control and such other activities deemed to be
necessary for project maintenance and safety.
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REVISED 02/98
END OF SECTION
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ARTICLE' 55 - MILLING OPERATIONS
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1. EQUIPMENT, CONSTRUCTION & MILLED SURFACE
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The milling operation shall be performed in accordance with Scction 327 of FOOT's Standard
Specifications (latest edition), except as notcd in this Article.
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ADDITIONAL MILLING REQUIREMENTS
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If the milling machine is equipped with preheating devic~s. the contractor is
responsible to secure any necessary permits, and for complying will all local, state
and federal environmental regulations governing operation of this .type of
, equipment.
All milled surfaces must be repaved within seven day~ from the time it was milled,
Prior to paving, all milled .areas shall be swept with a Municipal type sweeper
either of the vacuum or 'the mcchanical type, that picks up 'and hauis off, dust and
dirt (the Broom tractor way of sweeping is not permitted). The sweeper must be
equipped with its own water supply for pre-wetting to minimize dust. Moreover,
the Contractor shall sweep debris ofT of sidewalks, driveways and curbs in addition
to the roadway before leaving the job site.
In cases :wh~re concrete valley swales are present, the adjoining pavement shall be
milled to allow for the new asphalt grade to be flush with the contract surface.
The Contractor shall be responsible for removing any asphalt that remains in the
curb line and;/or median curbs after the milling operation of a street is complete~
The cost of this removal shall be included in the bid item for milling.
F.
All radius returns on streets to be milled shall also be milled unless otherwise
directed by the Engineer. with payment to be included in the bid item for milling.
Any leveling or base replacement required after milling shall be applied to sections
of the road as notcd on the plans, or directed by the Engineer. per Scction 330 of
FDOT1s Standard Specifications (latest edition). The cost shall be included in the.
per ton unit cost for asphalt. unless othcrwise noted in th,e project scope and plans.
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3.
SALVAGEABLE MATERIALS
All surplus e:<isting materials rcsulting from milling opcrations shall reritain the property of the
City. The transporting and stockpiling of salvagcable matcrials shall be performcd by thc
Contractor,. The Contractor shall contact' the Public Services Division at (727) 562-4950 to
schedule delivery of material.
4. DISPOSABLE MATERIALS
All surplus materials not claimed by the' City shall becomc the property of the' Contractor. The'
Contractor shall dispose. of the material in a. timely manncr and in accordance with all rcgulatory
requirements in areas provided by the Contractor at no additional expense to the City.
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5.' ADJUSTMENT AND LOCATION OF UNDERGROUND UTILITIES
All utilities and related structures requiring adjustment shall be located an'd adjusted by their
owners at the owner's expense, The Contractor shall arrange his schedule to allow utility owners
the time required for such adjustments (minimum 48 hours notice per State Statute). All utility
adjustments shall be completed prior to the commencement of milling and resurfacing operations.
6. ADJUSTMENT OF UTILITY MANHOLES
The necessary adjustments of sanitary sewer and storl11water utility manholes and ~ppurtenances
shall be accomplished by the Contractor in accordance with Section IV. Article 23(F) of the
. City's Tectmical Specifications,
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7. TYPES OF MILLING
There are two types of milling used by the City:
1. WEDGE - This will consist of milling a six foot wide strip along the curb line of
the pavement adjacent to the curb so the new asphalt will align with the original
curb height and pavement cross se'ction. .
2. Full Width - This will consist of milling the entire roadway (i.e. curb line/edge of
pavement to curb line/edgc of pavcment). All existing horizontal and vertical
geometry shall remain u'nlcss otherwise indicated or approved by the Engineer.
154
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8. MILLING OF INTERSECTIONS
. Intersections. as well as. other areas (including radius returns)' arc to be milled and repavcd to
restore and/or improve the original drainage characteristics. Said \vork- should extend
approximately 50 to 100 feet in both directions from the lo~ point of the' existing sVlale.
9. :BASIS OF MEASUREMENT
The quantity to be paid for will be the area milled. in square yards. completed and accepted.
10. BASIS OF PAYMENT
The' unit price for milling shall include: all materials. preparation. hauling. transporting. and
stockpiling of salvageable materials, dispos~l of all surpius material.. .any required milling of radius'
returns an~ intersections. removal of asphalt from curbs. sweeping. labor. equipment. 'and all
, incidental.s necessary to complete th~ milling in accordance with the plans and specifications:
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ARTICLE 56. CLEARING AND.GRUUBING
The work included, in this specification includes the removal' and disposal of all structures,'
appurtenances, asphalt. concrete. curbs. walls. trees, roots, vegetation, boulde'rst conduits, poles.
posts" pipes, inlets,' brush. stumps, debris and other obstructions resting on or protruding through
the ground surface necessary to prepare the area for construction, .
Clearing and grubbing shall be performed in accordance with Section 110 of FDOT's Standard
Speci~cations (latest editio~). Unless otherwise specified in the contract. documents.'. the
Contractor shall take ownership of all removed material and dispose of them off-site in
. accordance with all Lo'cal, State and Federal Requirements.
BASIS OF MEASUREMENT:
The basis of measurement shall be either a lu~p' sum quantity or the number of acres cleared and
grubbed as spe~ified on the phlns or directed by the Engineer.
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, BASIS OF PAYMENT:
The pay item for clea~jng and grubbing s~all' include: . all remov~1 'and 'disposal of materials and
,structures as well as all materials, hauling, equipment, tools, labor, leveling of ter:rain, landscape
trimmi~g and all incidentals ~ecessary to complete the work. .
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G~llndvicw Tcrrace Traffic Calming and Stormwalcr Improvcmcnts (91)-0023. EN)
.' Section 0 I 025
. Measllrcmcnt and Payment
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Part 1 General
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1.01 Scope of Payment
Payment to the CONTRACTOR will be made for <letual quantitics anu work complc.'h:d lll1d
accepted, in aecordanc~ with the Contract.
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The CONTRACTOR shall accept in compensation providcd hcrein 1\111 pll)'IIlCllt Ihl'
furnishing all materials. labor, tools. equipment, and incidentals nccessary tn complete all
work included in the Contract; also for all loss or da!nag~ nrising from thc nature of thi: work.
or from action of the clements or from any unforeseen di nicultics which ma)' he encountered
during the execution of the work except as pro\;idcd hcrein, ,OWNER will mllk~ no
allowances for liems not included in the proposal. '
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The payment of any progress payment shall not relicve the CONTRACTOR or hi:; uhligntl"ll
to repair any defectivc work or of his responsibility for all damage duc to such dcfeets.
This section governs all measurement and payment 1'01' the 'lroject cxcepttliosc items of wurk
that are eontaincd in the City Standard Tcchnical Specifications.
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1.02 Procedurc for Mcasurement
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A. For'lump sum itcms, payment shall be based 011 the lump sum 11rkcs sct fOl'th in thl.:
Bid Proposal and based on the amount. of complcted work us determined hy the
. accepted Schedule of Values.
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B. For field mcasured unit~price items; payment shall hl' basl't! nn the, uctunlunlnullt of'
work accepted and the nctual amount of Ilmleriuls i'n place, (l'i will he llctel'1ll1netl hy.
the final measurcmen'ts. .
I. All units of measurement shall he stllndard United SHltes eonvcntion as it
applies to the specitic items of work hy trmlition ulld as interpreted by the
CITY.
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. 1.03 Estimated Quantities
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All estimated field measure quantities stipululetl in the. Bid Form nr' othcr C\mtrucl
Documents are approximate and arc to be used only (II) us a hasis for cslimatil'\g the probable
cost of the WORK and (b) for purpose or comparing the hhb suhmitted rur the WORK. The
actual amounts of 'YORK done under lielt.! mcasured !.l1lit pric.... it...ms mllY dirfer frum the
estimated quantities. The basis of payment Ihr WORK will he the llctUlll amount or WORK
done and field measured unless it exceeds the estlmllted quulltllies ill which euse u chungI,.'
order must be approved prior to payment for qUlIntitics e,xcecdinJ.\ the cstimated tiuantit>,:
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PA YMENT FOR INCREASED OR DECREASED OUAl'J'ITIlI;.S
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A,Whcn alterations in the quantities of work not requiring supplcmenlal llg'rcclllclIl,;. as
herein provided for. arc ordered and performed and allerution Joc:; 11011'xcccd 151);, or
the quantity statcd in the Bid Schedule, Ihe Contractor shall accept (luymcnt in 1'1111 lit
the Contract price for the actual quanlities of work uone. No allnwnlU'c wi II hl' Illude
for anticipated profits. '
. When alterations in quanti tics excccd 150..11 of the quantities stilted ill thc hid SChL'dule,
\I,ni" prices may be renegotiated if changes 3fe WlllTllllled llnd juslilieu, !llL'tensed or
decreascd work involving supplemenlal agreemenls will be paid I'or lIS stipulUh:d itl
such agreements. '
Incidental Work
All work shown on t~c'plans and rcferencedin thespecificlllinns liS being (llltl urlhe conlrncl '
for which no separalc pay ilem is provided is considered incidcntallo the cnntrncl. Incidental
items arc to be incorporated into the pay ile'ms provided, . Claims for scpnrlltc. paymenl or
incidental itcms will not be considered. .
1.05
Final Payment
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The O~NER shall make final payment upon !inul acceplance or the work u~ set rorth ill Ihe
General Conditions.
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1,06 Des~ription of Pay Items
The following describes the measuremcnt of und payment f'or .Ihe work hi hI: dUllc undcr the
respective items listed in the Bid Proposal.
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Hems not. covered in this section arc described 111 the City's Slllntlllnl Tcchnicnl
~peci lications,
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Each field measure unil or lump sum itcm SUited in the Bitl Propusnl shull Cllll~;lilllle full
compensation for each item of work completcd.
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ITEM 1 - Mobilizntion/Dcll1ohlllz~ltlol1
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The Lump sum Bid Price for l11obilization/dcl11obilizntion shull includc the ohtaining or all
permits. insurance,' and bonds; moving onlo Ihe sile 01'1111 plnnlnlld cilll111lllcnt; furnishll1g 11l1t1
erecting 'plants, temporary buildings, lemporary, nccess rnut!s. Ilnd temov,lI uf ulllcmpomry
, facilities constructed; and providing field oflicc lmiters nnll slIllitnry llml putahle Willer
racilities as required for the propcr pcrformnllcc alld' cumpletiun ur the \\'llrk. Puymcn! It)!'
mobilization/demobilization will he mnde Oil nil incrclllcntul hnsis in nccnnlllncc Wilh the
fol~owing:
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Percent of Originill
, Contract Amount
Earned
5
10
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50
AlIowabt'e Percent
of the Lump Sum
Price l'or the Item
25
50 .
75
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This itcm covers all mobiJizntion/dcm~bilization necessary for completion of this project
related to roadway and drainagc improvements.
ITEM 2 - Traffic Control
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The .Iump sum Bid Price for traffic control shall include preparation of a Maintenance of
Traffic plan consistent with the CONTRACTOR'S schedulc and any changes thereto during
the performance of the WORK, obtaining pennits, and coordination through the 'Project.
, Representative with the Road and Street Department/Traffic Control Section. It shall includc
the construction and maintenance of any necessary detour facilities; the providing of
necessary facilities for access to residences, businesses, etc., along the project; the fumishingt
installing and maintaining of traffic control and safety devices during construction, including
the phlccment and removal of temporary pavemcnt markings, and signs; the control of dust,
temporary whec~ chair ramps, and any other special requircments for safe and expeditious
movemcnt of traffic as may be called for on the plans. Thc term Traffic Control shall include
all of such facilities, devices and operations as are rcquired for the safety and convenience of
the public as well as for minimizing public nuisance. This item co vcrs all traffic control
nccessarY for completion of this project related to the transmission main and distribution
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systems, roadway construction, and streetscape improvements. Paymcnt for Traffic Control
will be made on an incremental basis in accordanc~ with the following:
Allowable Pcrccnt of
Percent of Original' . the Lump Sum Price
Contract Amount Earned. for thc Item
10
20
30
40
SO
60
70
80
.90,
100
10
20
30.
40
SO
60
70
80
90
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11'E1\I1 3 - Clca~ing & Grubbing, Erosion Control. and Contractor Staking
The lump sum to bc paid for undcr this item, shall bc payment in full for clearing and'
grubbing, erosion control, and contractor staking and shall includc, but is not limited to,
cutting, chippingt removing and disposing of small trces less than 6-inch diameter, Slumps,
brush, hedges, ro()t~, corduroy, logs, matted roots, other vegelation and dcbris, also lhe
, protection of phmt life, existing structurc and improvcments not designated for removal, also
01025-3
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. Grnnclview Terrace Traml.: Calming and Slonnwnter Impro\'ements (99-0023-EN)
the relocation of mail boxcs and removal of bus stop. wood posts. und cable, also the bucklill.
,backfi lIing of holes. 'and for all items necessary 'to complete thc job, whcrc speci fieally
mentioned or implied, furnished and installed erosion control measures where shown on the
plans or where directed by the Project Representati\'e shall include artificial covl...'ings.
mowing, sandbagging, slope drains, sediment basins.,c1eanouts. buled hay and slm\\', nonting
silt barrier, staked silt barrier, Slaked silt fence, and seeding. the lump sum price includes
furnishing and installing muteriult routine maintenance, mowing. and removal of temporary
erosion control features upon completion of construction. Payment for c1enring and grubbing.
erosion control, arid eontmctor stnking will be made on an incremental basis in accordance
'with the, folJowing:
, Allowable Percent of
Percent of Original
Contmct Amount Earned
the Lump S!lm Price
for the Hem
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10
20
30
40
50
60
70
80
90
100
10
20
30
40
50
60
70
80
90
100
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. ITEM 4 - Tree removal
Tree removal wiH be paid for at the Contract Unit Price per each basis. The 'price paid'shall be
payment in full for'tree removal 6-inches in diameter (BI-I) and ovcr and.shall include, but is
not limited to. cutting, chipping, removing and disposing of all trees, stumps, brush, hcdges, "
foots, corduroy, logs, matted roots. other vegetation and debris, also the protection of plant
life, existing structure and improvements not dcsignated- for rcmovalt also the backfill.
backfilling of holes, and for all items necessary to complete the job, where specilically
mentioned orimpiied.
Measurement for trcc removal will be per each, detcrmined by field measurement.
ITEM 5 - Curb and Gutter Removal
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Concrete curb and gutter removal will bc paid for at the Contract Unit Price Per lincar foot
unit basis. Price paid shall be payment in full all labor, material and equipment rcquired for
. removal of existing' curb and gutter, und shall include. but is not limitcd to saw cutting,
excavation und disposal of all existing material including, but not limited tOt concrete curb,
concrete footers, concrete slabs, also furnishing, placing, and compacting backtill. protcction
of existing irnpro~ernents, barricading, arid all other items necessary to. complete the job,
whether specifically mentioncd or implied.
Mcasurc'l1lcnts for payment will be in lincar,'feet dctermin'ed by licld measuremcnts..
01025.4
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Grnndview Terrace Tranie Calming and Slormwuter Improvemcnts (99-0023-EN)
ITE;\I 6 - Concrete Sidewalk Removul
Concrete sidewalk removal \vil! be paid for al lhe Conlract Unit Price per Square Yard unil
basis. . Price paid shall be payment in full all labor, malcrial and cquipmenl required for
rcmoval of existing curb nnd gutler. and shall include. but is not limited to saw cutling, '
excavation and disposal of all cxisting material including, but not limiled 10, concrele
sidewalk. concrcte footcrs, cuncrete slabs, also furnishing, placing, and compacting backlill.
prolcction of existing improvements, barricading, and all olher items necessary 10 complele
the job, whelher specifically mentioncd or implied.
Measurements for payment \vill be in square yards delermined by field measuremenls.
ITEM 7- Remo\'c ConcrcCc Driveway
Concrete driveway removal and replacement will be paid for at the Contract Unil Price pCI'
square feet unit basis. Price paid shall be' payment in full all labor, material and equipmcllt
required for removal of existing pavcment, and shall include, but is not limited to saw cutling,
excavation and disposal of all existing material including, but not limited to concrele
approaches and concrcte drivcs, also for barricading, and for all items necessary to complete
the job, whether specifically mentioned or implied. . '
Measuremcnt for concretc rcmoval will be in squarc fect, determined by field measurement
along the centerline: not to exceed the width shown on the drawings. .
ITEM 8 - Remove Asphalt Driveway
Asphalt driveway removal. and replacemenl will be paid for at the Contract Unit Price per
square yard unil basis. Price paid shall be payment in full' all labor, material and equipment
requircd for removal of existing pavement, and shall include, but is not limil~d to saw cutting, .
excavation and disposal of all cxisting material including, but not limited to, all asphalt
pavement, deep strength asphalt, asphalt approaches and asphalt drives, protection of existing
improvements, barricading, and all other items nccessary to complete the job, whether
specifically mentioned or implied.
Measurcmcnt for asphalt drivcway removal will be in squarc Y:lTds, detcrmined by field
measurcment along the ccnterline, not 10 exceed thc width shown on the drawings.
ITEM 9 - Strllctu're Removal and Backfill
Removing structures, of the type spccilied, will be paid for at the Conlraet Unit Price per each
unit basis. Price paid shall be payment in full for alllhe Work n.:quired und shall include, but
is not limited tat breaking down of the Slructures, removing and disposing of all unsuitable
material, concrete fiBing or backfilIi ngt sand backfilling, rebuilding and reconnecting live
sewers or watcr mains, providing and maintaining a salisfactory sewcr byPuss service,'
bulkheading of abamlo'1ed pipes and structures grouting abundoned pipes, temporary water
scrvices, maintuining drainage, and all itcms necessary to complete the job, whether
specitically mcnlioned or implied,
Measurement for removul of slructures will he on a per each, determined by lield
measurement.
01025-5
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Grandvic\\' Terrace Traffie Calming unu Stormwntcr Improvcments (99-0023-EN)
ITEM 10- 1)lpc F.xcn \'atlnn Itcl11o\';t1 and Backf1l1
Removing pipes, of the type specified, will be paid for at the Contract Unit Pricc pcr linear
foot unit basis, Price paid shall he payment in full for ullthe Work required and shall include,
. but is not'limited to, removing and uisposing of all unsuitable material. concrete filling or
backfilling, sand backfilling, rebuilding and rcconnecting live sewers or \Vater mains,
providing nnd maintaining' n sntisfuctory sewer bypass service, bulkheuding of abandoned
pipe's und structures grouting abandoned pipes, temporary water services, maintaining
drainage, and all items necessary to complete the job, ,~:hcthcr specifically mentioned or
implied.
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Measurement for rcmovul of pipe will bc in linear feet, determined by field measurement.
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ITEM t t :... Gnardrnilltcnuwnl
Removal of beam guardrail will be paid for at the Contract Unit Price per linear foot unit
basis. Price paid shall be payment in full for alllabort material, arid equipmcnt necessary for
the removal of beam guardrail as shown on the Plans or as detcrmined by the ENGINEER,
and shall include, but is not limited to, the removal of all attached parts and connections,
removal and disposal of unsuitable materials, furnishing, placing and compacting backfill.
protection of existing improvements, barricading, and for all.items necessary to complcte thc
jobt wheth~r specifically mcntioned or implied.
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Measurement for removal of beam guardrnil will be in linear fect, determined by field
measurement.
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ITEM 12 - Pavement Removal
Pavement removal will be paid for at the Contract Unit Price pcr square yard unit basis. Price
paid shall bc payment in full all labor, material and equipment' required for removal of
existing pavement, llnd shall include, but is not limited to saw cutting, excavation and
disposal of all cxisting matcrial including, but not limited to. all asphalt pa\'e:nent, dcep
strcngth asphalt, asphalt approaches and asphult drives, also furnishing, placing, and
c~mpacting backfill, protection of existing improvements, barricadingt and all other items
necessary to complete the job, whcther spccifically mentioned or implied.
Mellsuremcnt for pavement removal will be in squarc 'yards dctcrmined by tidd.
mcasurements
ITEM 13 - Sign Rcmovnl
. Sign removal will be paid for at thc Contract Unit Price pcr each basis. Thc price paid shall
be paymcnt'in full lor sign rcmoval and shall include, but is not limited to, disposal or sign,
'post, and attachmcnt parts, also thc protection of plant !ifc, existing' structurc. and
improvcments not dcsignuted for remo\'ul, also the backfill, backfilling of holcs, and for all
items necessary to completc the job, where specifically mentioned or implied.
Measurement for sign removal will be per each, determined by neld measurement.
01025-6
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, GrandvicwTcrrac~ Traffic Calming and Slorm\\'a!cr Impro\'ements (l)l).0023-EN)
ITEM J" - Sl~n Hclocntiim
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Sign relocation will be paid for at the Contract Unit Price per each basis. The price paid shall
be payment in full for sign removal. relocation and shall include. but is not limited to labor~.
matcrialt too 1st equipment. services, staking, protection of the workt c1e~m up, and warranty of
the Work, also the backtill, backfilling of holes, and for all itcms necessary to completc the
job, where specifically mentioned or implied.
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Measuremcnt tor sign relocation will be per each, dctennilled by field measurement.
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ITEM 15 - Excuvutlont Roadway.
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Roadway cxcavutipn will be paid for at thc' Contract Unit Price pcr cubic yard basis, Price
. , paid shall be payment in full for all labort material. And equipmcnt necessary for roadway
excavution to the lincs and grades as shown on the planst and shall include, but is not limited
to all excavation and disposal of all unsuitable material including but not limited to stumps,
trees, rocks, eartht large stones, culverts, abandoncd utilities, sewers or structures, tilling
holes and voids with compacted granular backfill,' the excavation and disposal of other items
'exposed in excavating to the subgrade, line grading and compacting subgradct sawcutting~
and for all items necessary to ~omplcte the job, whcrc not specilically mentioned or implied,
also tilmishing, placing, and compacting backfill, protection of existing improvements,
barricading, and all other itcms necessary to complete the job, whether specifically mentioned
or implied.
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Measuremcnt for roadway excavation, will be per cubic yard. The quantity of pavement
excavation was 'calculatcd from existing and proposed grades. The quantity paid wiJI bc plan'
quantity unless there is a field change which affects plan quantity. No ficld mcasurement tor
payment of roadway excavation will be donc at the time of construction.
ITEM 16 - Fill, Roadway
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Fill for roadway construction will be paid for at the Contract Unit Price per cubic yard unit
basis. Price paid shall be payment in fu11 for all labor, matcrial, and equipment required to
construct roadway. fill and shall' include but is not limited to providing, placing, and
compacting the till material requircd for the construction of the roadway, stripping and
stockpiling topsoil, all nccessary subgrade preparation, and all other itcms necessary to
complete the jobt whether specilically mentioned or implied.
Mcasurement for roadway till will be pcr cubic yard. Thc quantity of roadway fill was
calculated from existing and proposed grades. The quantity paid will be plan quantity unless
thcre is a field change which affects plan quantity. No field mcasurement lor paymcnt of
roadway fi11 will be done at the time of construction.
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ITEM 17 - Type hB" StllbiHzacinn (SUnBASE)
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Sec City Article 22.
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01025-7
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Granu\'ic\I,' Terrace TmrOc Calming und Stormwatcr Illlprm'cllll'nts (~I).O()2J~EN)
ITE1\1 S t H & t <<) ~ Crushetl Concrete IhlSC Cnll rsc
See City Article 22.
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ITE1\I 20 ~ Concrctc Pn,'cmcnt
Concrete pavcment of the type nnd thickness specified will be paid for at the Contract Unil
Price. pcr square fcet basis. Pricc paid shall be payment in full for all labor, matcrial,
cquipment necessary for the concrete. pavement and shall include, but is not limited 10, all
cxcavation, construction, protection of cxisting improvements, fumishing, placing and
compacting backfill and subbasc, also compacting and fine grading subgrade, nlso for
furnishing and installing of hook bnr nssemblies. tic bar assemblies, dowd bar assemblies,
contraction joint basket asscmblies, expansion joint basket assemblies. Polyethylene planks.
polystyrene or 'other fillers, hot po'ured elastic joint compound, mcsh reinforcement, bar mat
reinforcement, also forming, placing, jointing, finishing, tcxturing and curing thc concrete
slab, also providing protection against rain or cold weather. also for barricading, restoration.
and for all items necessary to complete the job, whether speci Iically ~cntioned or impl icd.
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Measur'cment for concrete pav~mcnt will. be in squarc feet. dctcrmined by field measurcment
of concrcte in place.
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ITEM 21 - Asphalt Concrcte Matcrials
Sec City Articlc 23.
ITEMS 22 & 23 - Asphalt Patch
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This b'id item describes measuremcnt and 'payment for pavement restoration associated with
the'installation of storm sewcr. The quantity to bc paid for under this item is the urea in
squarc yards' of asphalt concrete paving or Portland cement concrete paving acceptably
furnished and installed where shown on the drawings or \vherc dirccted by the Project'
Represcntativc.
Longitudinal measurement will be horizontally nhove the ccnterlinc of thc pipe from edge to
edge of existing paving. Lateral mcasurcmcnt will be horizontnlly from the centerline of the
pipe to edge of existing paving on both sides, or to the paving payment limits shown on ,Ihe
drawing details, whichevcr is less, as dctermined by the Project Representative .
Payment will be according to the area in square yards of pavement replaced and the type of
paving material as set forth on the Proposal. The unit bid price includes furnishing und
installing asphalt concrete, base material, sub.base matcrial, compaction, miscellaneous
equipmcnt and materials, testing and incidental work items.
No paymcnt will be made for the installation of asphalt paving where existing asphalt is
disturbed by the Contractor away from the alignment of thc new pipeline,
Ncw asphalt paving shall be installed where existing asphalt is disturbed by the operations of
the Contractor, Installation of asphalt paving away from the alignment of the pipe shall be
considered a subsidiary obligation or Ihe Contractor, and ull costs associated therewith shall
be included in the unit prices for the linear feet of stonn sewer instulleu.
01025.8 '
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Grundvicw Tcrruce Trame Calming Cllld Storlmvatcr Improwllll:llts (')()-0023-EN)
ITEM 24 - Concrete Urick PI!\'CIIlCl1t
Concrete brick pavcmcnt of thc type spceilicu on the Plans will be paid for at the Contract
Unit Pricc pcr squarc feel. Price paid shull be payment in full for placing, saw 'culling, and
vibrating thc brick; furnishing and placing thc sand/mortar (Ievc\ing course), also for
protection of existing improvements, also for barricading and for all items necessllry to
complete thc job, where not specifically mcntioned or implied.
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Measuremcnt for concrete brick pavemcnt will be in squarc fect, dctcrmined by field
mca~urcment along thc ccntcrline, not to exceed the width shown on the drawings.
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ITEM 25 - Concrete Driveway
See City Article 30.
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ITEM 26 - Asphalt Driveway
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See City Article 27.
ITEM 27 and 28 - Concrcte Sidewalk/Handicap Rumps '
See City Article 30,
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ITEM 29 through 32 and 34 - Concretc Curb, Concrete Curb & Gutter, Concrete
Channel Gutter, and Concrete Header
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See City AI1icle 29.
. ITEM 33 - Steel Pla'te
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Stcel Platc of the size and thickness spccili~d will be paid for at thc Contract Unit Price pCI'
each basis. Price paid shall be payment in full for nil work nnd shall includc, but not limited
to, all labor, matcrial, and equipment rcqllired to install thc steel, and shaH include, but is not
li~ited tOt protection of existing impro\'emcnts, furnishing, placing, and installing of epoxy
anchor bolts, and for all items necessary to complete the job, whether specific<ll1y mentioned
or implied.
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ITEM 3S - Cuncrete Traffic Separatur
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Concretc traffic separator of the type. widlh, and thickness specified will be paid for al the
Contract Unit Price per square feet unit basis. Price paid shull be payment in full l'or all work
and shuH include, but is nol limited to, all Tnatcrials, excavation, construction, protection of
existing improvements, l)roviding and installing hook bolts, also forming, plucing, jointing,
. finishing, texturing and curing the concrete, also providing protection aguinst rain and cold
weather, also backfilling, barricading, und for all items nccessary to complete thc job, ,vhere
not specifically mcnlioned or implied.
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Measurement l'or concrete traffic separator will bc in squure feet, delermined by lield
measurement of the concrete 111 place.
01025-9
Grandview Terrace Traffic Calming ano Stonm\'aler Il11pro\'cmcnls(~I)-()02J:EN)
ITEMS 36 - Undcrdrnln
See City Articlc 18.
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ITEM 37 through 40 -Storm Scwcr
See City Article 19.
ITEM 41. through 47 - Storm Sewcr Structures
See C;ity Article 33.'
ITEM 48 -:- Adjust Structure
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Structure adjustment will be at the Contrac't Unit Price pCI' each unit basis. Price paid shall be
payment in full for alllabor,.mnterinl, and equipment required to either raise the frame and
cover on an othcr wise sound structure not more than 12 inches or lowcr thcm not marc than 6
inchcs, and shall include, but is not limitcd to, all excavation, construction, bricks, blocks~
, precast adjustment rings, masonry plaster coat, suitable backfill, installation of frame and
~ovcr, clcanout of structure, and all itcms necessary to complctc the job, whether speci fically
mentioned or implied.
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Measurement for structure adjustment will be on an each ll~it basis for each 'structurc
adjusted.
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ITEM 49 - Reconstruct Structure
i.
Reconstruct manhole will be paid for at the Contract Unit Price per each basis. PriCc paid
. shall be payment in full for all labor, material, and equipmcnt required to either raise the
frame and cover in excess of 12 inches, lower thcm in excess of six (6) inches, rebuild
portions ,of the cxisting structure which need to be rcconstructed due to deterioration or to
reconfigure conic section to avoid proposed curb line; and shull include, but is not limited to,
all excavation, construction, bricks, blocks, precast cant; scction, riser sections, adjustment
rings, joints, masonry plastcr coat, stcps, sand backfill, installation of framc and cover.
cleanout of structure, and all items nccessary to completc thc job, whether spcci Iically
mentioned or implied.
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Measurcmcnt for reconstruction of manholes witl be pcr each based on plan details. ^
manholc which has been paid for as reconstruct manhole will not be paid for as adjust
structure.
ITEM 50 - Manhole Core
Manhole Core will be paid for at the contract unit price on a per each basis. Price paId shall be
payment In full for the connection and shall Include, but is not limited all material, coring
existing structure, moriar connection, backfill compaction, and all Items necessary to complete
the Job whether specifically mentioned or Implied.
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. Measurement for manhole core will be measured as units installed.
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Gnmdvie\V ,Terracc Traffic ('aiming and StOTmwatcr Ill1provcmcnt~ (91J-0023-EN}
ITEM 51 - I'lowl1hlc 1'111
Flownblc !ill of the type specificd, will be paid for at the contract unit priec on a cubic yard
basis, Price paid shall he payment in full for all the Work required and shall include, hut is
not limited to, bulkhcading of abandoned pipes and structures grouting abandoned pipes, and
all items ~ecessary to complete the job, whether specifically mentioned or implied,
ITEM 52, .53, and 54 - Pavement Markings
Pavement markings of the type, width and color spccified on the Plnns, will be paid lor at thc
Contract Unit Price per linear foot unit basis, Price paid shall be paymcnl in ful1 for ulllabor,
material, and equipment necessary for pavement markings, actually placed, and shall include, .
but is not limited to, all preparation of surface, layout, removing any old markings, applying
proposed pavement markings, glass beads, providing temporary barricading, cleanup, and all
items necessary to complete the job, whcther specifically mentioned or implied.
. Measurcment for pa\'cment markings will be in linear fect, determined by field measurement
of the actual lines placed,
ITEM 55 - Signs
Work under this item shall be paid for on a Contract Unit Price per cach basis, Work may
include 'but is not limited to labor, matc"rial, tools, cquipment, sign posts, connections,
. delivery, servicest staking, protection of the work, clean up, and warranty of the Work as
provided in individual specification section and on the plans, Price paid shall be payment in
full for all work under this item
Measurement for signs will be per each dctennined by field measurement.
ITEM 56 - Utilit)' Allowance
Utility allowance will bc designated for rcpair of water, scwer, force main and storm drain
conflicts found during construction and dcsignated by the CONSTRUCTION ll'/ANAGER as
being cligible for reimbursement. The contract utility allowance is set at an aggregate umount
of $30,000, Each designated repair shall be negotiated following the change order proccdun,'s
found in the General Conditions of the contract and a field directive shall be issued by the
CONSTRUCTION MANAGER prior to inclusion in a pay request. In the c\'cnt the repairs
exceeds the aggregate limit of $30,000, a Change Order musl be approved by the OWNER'
increasing the allowance limit.
ITEM 57 - St Augustine Sod
See City Article 31.
ITEM 58 through 63 - Trees and Landscaping
Trees and landscaping of the type and size specified on the Plans, will be paid for ill the
Contract Unit Price pcr each basis. Price paid shall be payment in full I'i.>r providing nl1lubnr,
, material, equipment. tools, and supervision -necessary for the selection, tnmsporling,
protection" hole e~ca\'ation, tree pruning, trce planting. topsoil, backfilling, Illulching,
watering guying und bracing, tree dressing, warranty, tree establishment llnd rcstorutiun pcr
01025-11
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Grancl\'icw Terrace TrafticCnlnling and Stonnwut~r Improvements (99-002J-EN)
plans and specifications, nnd nIl items ncccssllry to complete the job where not specifically
mentioned or implied.
Measurement for trees and landscaping will be 011 a per each basis, determined hy field
measurement.
ITEM 64 -Mulch
Mulch will be paid for at the Contract Unit Prieto: pl~r cubic yard basis. Price paid shall be
payment in full for all labor, material. And equipment necessary for providing and placement
of mulch to the lines and grades as shown on the plans, and shall include, but not limited to
filling holes and voids with compacted granular backfill, the excavation and disposal of other
items, fine grading and for all hems necessary to completc the job, where not specifically
mentioned or implied. also furnishing, placing, and compacting backfill, protection or
cxisting improvements, barricading, and all other items necessary to complete the job,
whether spccifically mcntioned or implied.
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Measurcment for lnulch will be per cubic yard. The quantity paid will be plan quantity unless
there is a field change which affects plan quantity.
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ITEM 65 and 66 - Site Furnishings ( Low Voltage Lighting & Meter Drop for Lighting)
Low voltage lighting and meter drop of the type and size shown on the plans will be paid for.
at the Contract Unit Price per each unit basis. Price paid shall be payment in full for all work
and shall include, but not limited to, all labor, material, and equipment required to install the
fixtures, lamps, wiring, transformer, electrical meter, ground rods, testing, excavation and
backfilling, and all items necessary to complete the job, \vhether specifically mentioned or
implicd.
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. Measurcment for low voltage lighting and meter drop will be on a per each, determined by
field measurement.
ITEM 67 w' Irrigation System
Work under this item shall be paid for on a per square foot basis arthe Contract Unil Pricc pcr
square foot. Price paid shall be payment in full for all work under this item to design and install
a fully automatic irrigation system with 100% coverage. Work may include but is not limited to
, desib'll layout, labor, material, tools, equipment, delivery, services, staking, protection of the
work, dewatering, backfilling, bedding, compaction, excavation, coordination, scheduling,
testing clean up, and warranty of the Work as provided in individual specification section and on
the plans.
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iTEM 68~ Irrigation and Electrical Sleeves
Conduit sleeves of the type and size specified will be paid for at the Contract Unit Price per
linear foot U11it basis. Price paid shall be payment in full for all work and shall include, but is
not limited to, all materials, excavation, construction, protection of existing improvements,
conduit, couplings, filtingt joint material, also backfilling, barricuding, and lor all items
necessary to complete the job, where not specifically mentioned or implied.
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Measurement for conduit sleeves will be in linear reet, determined by field measurement,
01025-12
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Grandview Terrace TmlTie Calming and Stnrm\\'utcr Improvements (91J-0023.EN)
along the horizont:ll !lnth from cnd to end of conduit 5h:c\'es..
ITEM (.9 - Wnter Meter A~semhly
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The \Vater metcr asscmbly will be at the Contract Unit Price per each unit basis, Price paid
shall be payment in full for all luhor, Illuterinl, and equipment required to installation and
shall include. but is not limited to, all cxcavutiont construction. meter box, lid, service
saddles, valves, hackflow prevcntcrs, bricks, blocks, stand, suitahle backfill, concrete base
slab, painting, .testing, and all itcms nccessary to completc the job, whether specifically
mcntioned or implied. .
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Mcnsurement for water meter asscmbly will be on u p~r each, detemlined by tield
measurement.
ITEM 70 - 'Vater
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Watering shall be paid at the Contract Unit Price per 1000 gallons. Price paid shall be payment
in full for all work undcr this Hem. Work may inClude but is not limitcd to labor, material, tools,
~quipmcnt, delivery, for furnishing water for sod and landscaping throughout thc establishment
period.
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Mcnsuremcnt for watering will be on a per 1000 gallons, detemlincd by field measurcment.
ITEM 71 and ,72 - Site Furnishings (Bench, Liter)
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Site Furnishings shull be paid for at the Contract Unit Price Each, Price paid shall be payment
in full for all labor, material, and equipment necessary for sHe furnishings installed as shown.
on the drawings and shall includc, but not be limited to, samples for Owner approval,
procurement of and delivery of matcrial to the job site, protection of stored material, layout,
preparation of subbase, concrete stab , finishing, jointing, installation and unc!lOring of
furnishings, tcmporary barricades for maintenance of pedestrian and vehicular tramc,
. cleanup, testing, inspection, matcrial rcquircd for owner's manual, and warranty as wcll as all
itcms necessary to complele the job, whether spccifically mcntioned or implied.
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ITEM 73 - Mill and Resurface (S.R. 80)
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Milling and resurfacing of the existing pavcment sholl bc payment in full lor all material,
labor and equipment requircd for thc milling und resurfacing operations and shall ineludc the
milling and disposal of the cxisting asphalt overlay, placement of asphalt ovcrlay, the milling
of existing concrete pavement and curb, disposal of all unsuitablc mutcrialt protcction or
existing roadway structures, also for barricading and for all itcms necessary to complete the
job, whcre not specifically mentioned or implied.
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. Measuremcnt for milling and rcsurfadng of existing roadway will bc In squ;:trc yards.
determined by field measurement..
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Section 02580
Pavement Markings
Part 1 General
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1.01 D~scrii>lion
A. Scope
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This Section includes pavement markings complctc, with materials; layout of markings and preparation
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B.
Related .\~o'rk Spccificd Elsewhere
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1.02
Quality Assurance
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A.
Reference Standards
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Unless otherwise specified, the Work for this Section shall conronl1 to the applicablc portions of the '
following Standard Specifications:
'ASTM. Ame~ican Society ofTcsting a~d Materials
AASHTO- American Association of Statc Highways and Transportation 'Officials
FOOT ~ Florida Department of Transportation
B.
Requircmcnts of Regulatory Agencies
Wherc applicable pavcment markings shall conform to the current requircme'nts of the }v1anual of
. Uniform Traffic C.ontrol Dcvices (14.15.010, F.A.C.).
1.03 Submittals
A. Manufacturers Literaturc
Submit manufacturers litcraturc of all paints to bc used in thc Work. Manufacturers litcraturc shall
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'show paint: type, texturc, colort t~mpcrnture Ii~itations, recommcnded usc, sprcnd~ng rate, .drying
time, and clcimup. " " '. .' , .' ., ' . .
02580-1
Gnindvicw Terrace Tramc Calming and ~1{)rI11WaICr Impro\'cmcnls (99.0023~EN)
1.04
Yrodud Deliver)', StorDJtc, Dnd l'IDndling
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Deliver ~Il materials to the Project site in origiiml, unopened walcrproof containers. Packaging
containers shalI bear manufacturing labels intact and legible. The label shall contain the following
intonnation: name and address of mnnufacturcnmd contractor, shipping point, tradc mark or tmde
name, kind of paint, fonnula, amount in'U.S. gallons, datc of manufacture and lot numbcr, type of
paint 'and AASHTO Specification Number. .
A,
Storage .
Storc all material's in waterproof containers, undcr protective covering, off the ground and away from'
extreme heat o~ cold,ufltil ready for use. .
B. . 'Handling
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Handling of materials shall be in accordance with thc manufaCtur'crs recommcnd~tions.
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1.05 Job Conditions
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Environmcntal.Requkements
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Temperature
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Materials shaH not be applied when the a~bi'cnt outside air temperature is below 40
degrecs F,
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Humidity
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Material shall not be applied when the ambient olltside relative humidity is above 801YrI.
Part 2 Products
2.01 . Mntcrinls \v~
Traffic Marking Paint ! ...,
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1. Regular Dry Paint
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Regular. drying pavement marki~g paiot in white and yellow eolo'rs shalt" conform to'
AASl-ITO' M248, Typc N, traffic paint and shall meet the current 1'001' specilied
, requirements of FOOT Speci fications Section 971 for rcgular drying traffic paint. .
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2. fast" Dry Paint.
02580-2 .
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Orandvicw tcrrace Trame Calming and Stormwater ImprcJ\'cmcnts (99-0023-EN)
Fast drying pavement marking paint in whiteund yellow colors shall conform to AASHTO
M248, Type r, trJmC, paint and shall mcet the current requircments of FOOT Specifications
Section 971 for fast drying trufJic paint.
B.
Thermop.1astic Paving Markings
, I,' Hot Applied Thermoplastic Pavement Markings
Hot applied thermoplastic pavement markings in white and yellow colors shall conform to
AASHTO M249, white and yellow thermoplastic striping materials (solid form) and shall
meet the current rcquircments of rDOT Specifications .Section 711 for hot applied
thermoplastic' paving marking.
2 .
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Preformed Themloplastic Pavement Markings
. Prcformed thcrmoplastic pavement markers in white and ycllow colors shall conform to the
.. current requirements of rOOT Specifications Scction' 711 for cold applied prdonned
thermoplastic pavement markings.
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Glass Sphercs
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Glass Spheres for Use in Pavement Markings
Glass beads for reOectorizing white and yellow paint markings of pavcment by thc drop-in
. mcthod on, fresh paint stripcs shall conform to the current requiremcnts of FOOT
. Spccification Section 971 for glass beads for usc in pavcment mark,ings.
Part 3 Execution
, 3.01 Contractors Verification
A. Existing Conditions
Prior to the plaCing of any paint, examinc thc limits of the ncw Work and asccrtain that the existing
surfaces arc adequate to rcceivc the malerialto be installed. .
3,02 Preparation
A. , Preparation 'of S~rfacc
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Surfaces to be painted must bc thoroughly dry and frcc from dirt, loosc paint', oil, grease, wax ami
othcr contuminants. .
Thc costs incurred fur removing and disposing ofunsuitnble matcrials in preparation ofthc surfaces to
rcccive the ncw Work, shall be incid~ntal to the price paid for the pavement markings.
02580-3
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'Orandview Terrace Tmffic Calming and Stormwatcr Il1lpro\'cll1~nts (99.0023-EN)
3,03 Performance'
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1. The pavement marking opcration shall be limited to the type of Work and the limits as
specified on the Plans, Ifadditionnl arca is rcquired by the CONTRACTOR. lor storage of
equipment or supplies~ thc CONTRACTOR shall furnish the OWNER'S
REPRESENTATIVE with written permission obtained from thc property owncr of the
storage area~ permitting thc storagc. .
,2. Unless o'thcr\vise specitied on the Plans or'dirccted by the OWNER'S REPRESENT A TIVE~ '
the CONTRACTOR shall conduct his operations and use of his equipment in such a manner,.
that traffic will be maintained throughouUhe Projcct. .
For Work within public rights-oC-way and other arcas as dctermined by ~he OWNER'S
REPRESENT A TIVE~ the provisions for maintaining traffic shall be as spcci tied in the State
of Florida, Manual of Traffic Control and Safe Practices for Street and Highway Construction~
Maintenance and U~ility Operations, and Mimual of Uniform Traffic Control Devices. .
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All costs, incurred in maintaining traffic shall be at the CONTRACTORS expense.
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3.
The CONTRACTORS equipment shall have sufficient paint capacity to enable sustained
pavement marking operations and shall be equipped so as to nssurc uniform application ofthe
paint and thermoplastic pavement markings.
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, When speciftcd~ the equipment shall have mechanical bead dispensers or pressurized bead
dispensers. In general~ the equipment shall be that neccssary to accomplish the marking
operations in a safc, cfficient, and workmanlike manner.
Unless othcl"\viscspecified, approved portable cquipmcnt"and use of hand methods will be , "
allowed.
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Unless olhcl"\vise specified, pavement markings shall be paint applied on bituminous or
Portland cement concrete surfaces. The color of the paint, and the width or lype ofmarkings
shall be as specified on thc Pla~s or as directed by the OWNER'S REPRESENT ^ TIVE.,
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The markings shall be applied so that they adhere adequately to the surfuce.
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, Layout for Markings
All layout work nccessary for the locution and placing of markings," as sped tied on the Plans or as -
directed by the OWNER'S REPRESEN1:^ TIVE~ shall be the responsibility of the CONTRACTOR.
and shall be at his expense. . . . '. " . .
C. Tolcranees
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GruiuJvicw Terrace Trame Calming' 1ll"1d Stormwatcr Improvements (99-0023-EN)
. Nc\v niarkings and/or retraced markings shall be placed, with reasonablc tolerance; in their propcr
locations. Incorrect or misplaced markings shall be obliterated and remarked in ~lccordance with the
OWNER'S REPRESENTATIVES instructions. .
'Costs incurred to obliterate and remark incorrect or misplaced markings will be at. the
CONTRACTORS expense. .
D: .
Protec~ion of Markings
The protection of the wet paint and thermoplastic pavemcnt Il;arkings shall be the resp~nsibilhy oftl1c
.' , CONTRACTOR, and all costs incurred to provide the protection will be at his cxpense.
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Weather and Time Limitations
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Markings shaH'not be placed whcn 'rain is thrcatcning or when the surface to.bc paintcdis \Vct. .
No markings shall be applied when the air temperature is less than 40 dcgrces F. as detennined by the'
. OWNER'S REPRESENTATIVE. '. '
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End of Section
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02580-5
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BOi\' I> l" l! i\I B E R:
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CONTI~ACT BONn'
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STATI~ OF FLORII)A
COUNTY OF
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KNO\V ALL MEN BY THESE- PRESENTS: That wc
principal and
whose homc "ddrcss is
, as
(Surcty)
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a copy of which said contract is incorporated hcrcin by rcference and is madc a part hcrcofus if fully
copicd herein.
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NO\V THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if thc
Principal shall in all respects comply with the tcmlS and conditions of said contract, including the
onc-year guarantee of material and labor, and his obligations thereunder, including the contract
documents (which include the Advertisemcnt for Bids, Foon of Proposal, Form of Contract, Fonn
of Surety Bond, Instructions to Bidders, General Conditions and Tcchnical Specifications) and thc
Plans and SpcciJiclltions thercin referred to and made a part thcreof, and such alterations as may be
made in said Plans and Specifications as therein provided for, and shall indcmnify and save
harmless thc said Owner aguinst and from all costs, cxpcnses, damages, injury or conduct, want of
carc or skill, negligcnce or default, including patcllt infringemcnts on the part of the said Principal
agcnts or cmployces, in the cxccution or pcrfonnancc of said contract, including errors in the plans
furnished by thc Principal. und further, if sllch "Contractor" or "Contractors" shall promplly make
payments to all pcrsons supplying him, them or it, lubort material, and supplies used directly or
indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of
the work provided for in said Contract, this obligation shall be void, otherwise, the Principal und
Surety jointly and severally agree to puy to the OWllcr any differcnce between the sum to which the
said Principal would be cntitled on the complclion of the Contract, and that which the Owner may
bc obliged to.pay for the completion ofsuid work by contract or otherwise, & any damages, direcl or
indirect, or conscquentiul, which said Owner may sllstuin on account of such work, or 011 'uccollnt or
the fuilure of the said Contructor to propcrly und in aU things, keep und execute nil thc provisions or
s;.tid contract.
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CONTR,\CT BOND
(2)
And the. said Principal nnd Surely hcreby further hind thcmselves, their. successors, cxecutors,
administrators, and assigns, jointly amI sevcrally, that thcy will amply und fully protect the said
Owner againslt and will pay any and all umounts, damagcs, costs and judgmcnts which may bc
rccovercd against or which the Owner may be called upon lo pay to any pcrsoll or corporation by
reason of any damages. arising from the pcrfonnance of said work, or of the rcpair or maintenance
the'~cof, or the manncr o(doing the same or thc neglcct of the said Principal or his agcnts or servants
,or the improper. perfornlUnce of the said work by the Principal or his agcnts: or servants, or thc
infringemeilts of uny patcnt rights by reason of thc use of .my llH1tcrial furnished or work done; as
aforesaid, or otherwise.
And the said Principal and Surcty hereby further bind themselves, their succcssors, hcirs, 'cxecutors,
administrators, and assigns, jointly and scvcrally, to repay the owner any sum which the Owner may
bc compellcd to pay because of uny lien for labor matcrial furnishcd for the work, embraced by said .
Contract.
And thc said Surety, for the value rcceived, hereby stipulates nnd ugrccs that no change, cxtcnsion of
time, alteration or addition to thc ternlS of the contract or to the work to be 'performed thereunder or
the 'speci fications accompanying the samc shall in any way affect its obligations on this bond, and it
does hereby \vaivc notice of any such cl1allgct extcnsion of time, ulteration or addition' to the ternlS
of the contract or to the work or to the speci fications.
, IN TESTIMONY \VlIEREOF, witness the hands and seals oCthe part~es hercto this__
day.of . " 2002.
CONTRACTOR
By:
ATTEST:
SURETY
\VITNESS:
By:
ATTORNEY-IN-FACT
COUNTERSIGNED:
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CO~TnACT
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This CONTRACT mad~ and cntered into this ____ day or _____, 2004 by and bctween
thc Cit)! of Clearwater, Florida, a municipal corporation, herdnan~r designated as the t1Citytt, and
____. . of the City of ______ County of
and Slate of Florida, hcrcinal1er designated as the "Contractorlt.
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\VITNESSETII:
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That the parties to this contract each in considcration of the 11l1dcl1akings, promises and agreemcnts
011 thc part ofthc othcr hcrein contained, do hcrcby undcl"taket promise a'ld agree as fol\ows:
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The Contractor, and his or its successors, assigns, cxecutors or wJministrators, in considcration of
thc slims of moncy as hercin ullcr set forth to be paid by thc City and ~o the Contractor, shull and
will at their own cost and expensc pcrfonn all labor, fUrllish all materials, tools and equipmcnt lor
thc following:
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In acc,ordance with such proposal and tcchnical supplemental specifications and sllch other special
provisions and drawings, if any, which will bc submiued by the City, togcther with any
advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto
attached, and any drawings if any, which may be hcrein refcrrcd to, arc hcreby madc a pUl1 of this
contract, and all of said work to bc perfomlcd and completcd by the contractor and its succcsso~s
and assigns shall be fully completed in a good, and workmanlikc manncr to the satisfaction of the
City,
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If the Contractor should fail to comply with any of the temlSt conditions, provisions or stipulations
as containcd herein within the time specified for completion of the work to be perfomlcd by the
Contractor, then the City, may at its option, avail itself of any or all remedics provided on its behull'
and shall have the right to proceed to complete such work us Contractor is obligatcd to perfoml in
accordance with the provisions as contained herein.
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THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE .DEFENSE OF ANY LEGAL ACTION 'VUIClI MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF TilE CONTRACTOR'S
ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTIIERMORE, IN
CONSIDERATION OF TilE TERMS, STIPULATIONS AND CONDITIONS AS
CONTAINED HEREIN, AGREES TO HOLD TilE CITY FREE AND HARMLESS FROM
ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JlIDGMENTS OR
DECREES RESULTING FROM ANY CLAIMS MAI>E UNDER TillS CONTRACT
AGAINST TUE CITY OR TilE CONTRACTOR OR TilE CONTRACTOR'S
SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM
'ACTIVITIES BY TUE AFOREMENTIONED CONTRACTOR, SUII-CONTRACTOR,
AGENT SERVANTS OR f;:MPLOYEES.
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CONTI~ACT
(2)
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In addition to the forcgoing provisions, the COnlnlctor agrees to conl'l1l"1l1 to the following
rcquirements:
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In connection with the pcrfonmmcc of work undcr this contract, the, Contractor agrccs not to .
,discriminate' against any employee or applicant for employmcnt bccuuse of racc, sex, rcligion, color, or
national origin. Thc aforcsaid provision shall includc, but not be limitcd to, thc following:
employment, upgrading, demotion, or transfer; recruitment or rccruitment advcl1ising; . lay-off or .
tcnninution; ratcs. of payor other lomls of compensation; ami selcction for training, including
'apprenticcship. The Contractor agrces to post hcrcallcr in conspicuous placcs, availablc for employees
'or applicants for employmcnt, noticcs to be provided by the contracting ofJiccr setting forth the
provisions of thc non-discrimination clausc.
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The Contractor furthcr agrces to insert the foregoing provisions in all contracts hcrcunder, including
contracts or agreements with labor unions' and/or worker's rcpresentatives, exccpt sub-co,ntractors for
standard commcrcial supplics or raw materials. I
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, It is mutually agrced between the parties hcrcto that time is of the esscnce of this contract, and in the
event that the work to be performed by the Contractor is not coinplctcd within the time stipulatcd
herein, it is then .f~rthcr agrccd that the City may deduct from such sums or compensation as may be
due to the Contractor the sum of $1,000,00 per dav for cach day that the work to be pcrfonned by the
C~:)l1tractor'remains incomplete bcyond the timc limit spccificd hcrcint which sum of Sl.000.00 per
dav shall only and solely represent damages which the City has sustained by rcason of the failurc of
the Contractor to complete the work within the time stipulated, it being further agrced that this sum is
not to be construed as a penalty but is only to bc construcd as liquidated damagcs for failurc of the
Contractor to complcte and pcrfoml all work within the time pcriod as specified in this contmct.
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It is further mutually agrced betwecn the City and thc Contractor that if: any timc ancr the exccution or
this contract and the surety bond which is attachcd hcrcto for the faithful perfonnancc ofthc tem1S and
. conditions as containcd hcrcin by the Contractor, that thc City shall ut uny timc decm the surety or
surcties upon such perfonmmce bond to be unsatisfactory or i r, for .my reason, the said bond ccascs to
be adequate in amount 'to cover the perfommnce of the work the Contractor shall, at his or its 0\~t1
expense, within ten (10) days allcr receipt of wIittcn notice from the City lo do so, lllmish an
additional bond or bonds in such term and amounts and with such surety or sureties as shall be
satisfactory to the City. If such an cvent occurs, no further payment shall be made to the Contractor
under the tenus and provisions of this contract until sllch new or udditional security bond guarantceing
lhe faithful pcrfommnce of tile work Ulidcr the tcrms hcreof shall be completed Hllll fumishcd to the
City in a foml satisfactory to it.
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CONTRACT
(3)
.IN \VITNESS \VHEREOF, the pm1ies to the agreement havc hcrcunto set their haruls und seals'lUld
have executed this Agrecmcntt in duplicatci the day 'and year first above written.
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CITY OF .CLEAR\V A TER
IN PINELLAS COUNTY, FLORIDA
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By:
William, B. Homc, II
City Manager
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Countersigned: .
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Brian J. Aungst;
'.Mayor-Commissioner' .
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(Contractor must indicate whether
. Corporation; Partnership, Company
or Individual.)
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name, his own name, and his title; :
where the person is signing for a .
Corporation, he must, by Affidavit,' .
show I~is authority to bind thc
Corporation).
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, Attcst:
Cynthia E. Goudeau,
City,Clcrk
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Approyed as to foml and
legal suf1iciel1cy:
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. John C. Carassas
Assistant City Attomcy
(~ontructor)
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CONTRACTOR'S AFFIDAVIT FOn. FINAL 1);\Yl\lENT
(COH,PORA TION FORM)
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STATE OF FLOIUDA
COUNTY OF
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On this day, personally appeured beforc mc, the undcrsigncd authority, duly autholizcd to
administer oaths and take acknowlcdgmcnts, , who uncr being duly S,~VOn1,
deposes and says:
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of
place of business locatcd at
"Contractor").
(TITLE)
, a Florida Corponltion, with its principal
(hcrein, th~
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That he is the
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Owner,
That the Contractor \vas the general contractor under u contract executed on the day
, 2002t with the CITY OF CLEAR'VATER, FLORIDA. a municipal corporation, us
and that thc Contractor was to pcrfonn the' constrllction of:
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That said work has now bccn completed alld the Contractor 11a5 paid and dischargcd all sub.,
~ontractors, laborcrs and materialmen in connection with said work and thcre arc no liens outstanding
of any nature nor any debts or obligations that might becomc a licn or encumbrancc in conncction with
said work against ihe describcd property.
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That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes,
and upon consideration of the pa~nent of (Final Full Amount ofColltrtlct) in
full satisfaction and discharge of said contract.
That the Owncr is hcreby relcased from any claim which might arise Ollt 0 r said Contract.
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Thc word "liens" as uscd in this affidavit shall mean any and all arising under the opemlion of
the Florida Mechanic's Lien Law as sel forth in Chapter 71,3, Florida Statutcs.
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Sworn und subscribed to before me
AFFIANT
This
day 0 r
t 2002 .
BY:
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NOTARY PUBLIC
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My Commission Expires:
I)RESIDENT
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PROPOSAL HOND
(Notlo be tilled out ifu cCl1ilicd check is submitted)
KNO\VN ALL !\IEN,. BY THESE PRESENTS: Thatwc,' the undersigned,
as Principal, und
us Surcty. arc held and linnly bound unto the City of Clearwater,
Florida, in the sum of' ' Dollars ($ )
(being a minimum of 10% ot'Contructor's total bid amount) for thc paymcnt of which. wcll and truly to
be made, we hereby jointly a11d scverally bind ollrselves, Ollr heirs, executors, udministrators,
succcssors and assigns.
. . ' , ' all as stipulatcd in said Proposal, by doing all work incidcntalthcreto, in accordance with the plans and
. speciticatio'ns provided hercfor, all within Pinellas ,County, is accepted and thc,conlract awardcd to the
above named bidder, and the said biddcr shall within ten days aftcr noticc of said award enter into a
contract, in wriling, aild furnish thc requircd PcrfomHlI1ce Bond with surety or sureties to be approved
. by the City Manager,this obligation shall b~ void, otherwisc thc samc shall be in full force and virtuc
by law and the full amount of this Proposal Bond will.be puid to the City as stipulated or, liquidatcd
damages. " .
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Signed this
, 2002,
day of
(Principal must indicate whcthcr
corporation, partnership, company
or individual)
Principal
The person signing shall. in his own .
handwriting, sign the Principal's
name, his own name and his title;
the person signing for ~ corporation
must, by aftidavilt show his authority
to bhld the COIl:lOnllion.
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Title
Surely
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AFFIDA VIT
(To be filled in and executed if the bidder .is a corporal~on)
STATE OF FLORIDA
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COUNTY OF
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being duly, swom, deposes and says that he/she. is
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. Secretary of
. a corporation organized, und cxisting U11der and by virtuc'of the laws of the State of Florida, and' having
. its principal office at:
Street & Number
City
County
. State
, ~ Affiant further says that. he 'is familiar with the rccords, minute books and .by~la\Vs' of
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Affiant further says that .
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(Officer's Namc)
of the corporation, is duly autho'rized to sih1J1 the Proposal for
for said corporation by virtue of .
(state whether a provision of by laws or a Resolution of the Board of Directors.
, date of adoption).
Jfby Resolution givc
Affiant
Sworn to beforc me this
day of
. 2002.
NotUlY Public
,T)1Jc/print/stump name of Notary
Titlc or rank, amI Serial-No,. if any
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NON-COLLUSION t\FFIDA VIT
STATE OF FLORIDA ,)
. COUNTY OF
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being, first duly sworn,' deposes ,and says that he
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the p~rty making the forego~ng Proposal or Bid; lhat such Bid is genuine and not collusixc or sham:
that said bidder is not financially interested in or othcrwise affiliilled in a busincss way wilh any othcr
bidder on the same contract; that said'bidder has not colluded, cOl1spircdt connived, or agrced, dircctfy
," 01' indirectly, with any bidders or person, to 'put in a sham bid or lhat such other person shall refrain
. from bidding, and has not- iri any manncr, directly or ir.ldirectly, sought by agreemcnt or collusion, or
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communic'ation or confcrence, with any pcrsont to fix the bid price or affiant or any other bidder, or to
fix any overhead, profit or cost clemeilt of said bid price, or that of any other bidder, o~ to securc any
advantage against the City, of Clcarwater, Florida, or any person or persons interesled in the proposed
contract; and that all 'statements contained in said proposal or bid are true; and further, that such bidder
has not directly or indirectly submitted this bid, or the contents thereof, or divulged infomlation or datu
relative t~e~eto to any association or to any member or agcnt thereof.
Affiant'
Sworn' to' and subscribcd bcforc me this
2002, ..
. . day of
Notal)' Public
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PROPOSAl,
(I)
TO TlI E" CITY OF CLEAR\\'ATER, FLORIDA~ for
and doing such other work incidental thereto, all in accordance with thc contract documentst markcd
. ,Every bidder must take notice of the fact that even.th'Oligh his proposal be accepted and the documents
signed by the bidder to' whom an award is made and by those officials authcHlzed to do so on behalf of
the'City of Clearwater, Florida, that no such award or signing ~hall be considcrcd a binding contract
without a certificate from the Finance Dircctor that funds are available to cQ\icr the cost ofthc work to
, be done, or without the approval of the City Attorney as to the foml and Icgality ofthc contract am) all
. the pertinent documents relating thercto having bcel~ approved by said City Attorney; and such biddcr
is hereby charged with this notice.
The signer of the Proposal, as bidder, also declares that the only person, persons, company or paltics
interested in this Proposf\l, arc namcd in this Proposal, that he has carefully cxamincd the
. Advcrtisemcnt. Instructions to Bidders, Contract Spccifications, Plans, Supplcmcntal Speci Iications.
General Conditions, Special Provisions, and Contract Bond, that he or his rcprcsentutivc has made
such investigation as is nccessary to determine the character and cxtent of the work and he proposcs
, and agrees that if the Proposal be accepted. he will contract with the City ofClcarwatcr. Florida, in the
fonn 'of contract; hcreto anncxed, to providc the necessary labor, niatcrials, machinery, equipment,
'tool~ or apparatust do all the work required to completc thc contract within the time 111cntione,d' in lhe
General Conditions and according to thc requircmcnis of the City of Clcarwater, Florida, as hcrcin and
hereinafter ~ct fortht and furnish t~lC rcquired surcty bonds for the foll~wing prices to wit
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PROPOSAl,
(2)
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If thc forcgoing Proposal shall be acceptcd by the City of Clcarwater~ Floridu, and thc undersigned
shall fail to cxecute n satisfactory contract as statcd in the Advertisemcnt hcrcin attachcd, then the City
may. 'at its. option detcllllinc that the undersigncd has abandoned the contract, and thercupon this
Proposal shall bc'null und void,und thc certified check or bond accompanying this Proposalt shall bc
forfeitcd to bccomc the propcrty of the City of Clearwater, Florida, 1.U1(~ the full amount of said check
shall be retained by thc City, or if the Proposal Bond bc given, thc full amollnt of sllch bond shall bc
paid to thc City as stipulated or liquidated damages; othcrwise, the bond or ccrti tied check
uccompanying this Proposal, or the amount of said check, shall be rctul11cd to thc undersigned as
speci fied herein,
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Attachcd hercto is a bond or certificd check on
for the sum of
, (being a minimum of 10% of Contractor's total bid amount).
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The full namcs and rcsidcnccs of all pcrsons and parties intercstcd, in thc forcgoing bid arc us follows: .
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,(If corporation, give the names and addresscs of the President Ul1d Secrctary. If firm or partncrshipt' the
names 'and addresscs of the members or partners, Thc Biddcr shall list not on.ly his namc but ulso thc
. name. of any pcrson with whon~ biddcr has' any typc of agrcemcnt whereby such person's
. improvemcnts. enrichment, employmcnt or possiblc bcncfit, whcthcr sub-contractor, 'materialman,
agent, supplier, or employcr is contingent upon thc award oftllc contract to the biddcr).
NAMES:
ADDRESSES:
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Signature of Biddcr:
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(The biddcr must indicate whether Corporaliont Partnership, Company or Individual).
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Thc pcrso~' signi'ng shall, in his own hand~vriting, sign the Principal's 1;~lme, his O\VI~ namc and his title.
Whcrc thc person signing' for a corporation is othcr than the President or Vice-President,'hc must, by
a'mduvit, show his authority~to bind the corporation. '. .' , "
By:
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:Susiness Address of Bidder:
City and State:
Zip Code
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Dated at
, this
day of
,A.D:, 2002
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. PROJECT:
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, ADDENDUI\'1 SHEET
Acknowlcdgmclit is hcrcby m~dc or1he following addcnda received sincc issuance orr.tans and
'. "Specifications, '.
. Addendum No. Dule:
.. ' Addendum No,. Datc:
,
. AddendlUll No. -- Dale:
'Addendum No~ Date:,
. Addendum No. ' Date:.
\
Addclidul11 No. ,
Date:
,', Addendum No, DalC:
Addendum No. ' Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:.
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(Name of Bidder)
(Signature ofOfJicer)
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(Dalc)
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BID SCHEDULE. UNIT PRICES
PROJECT: GRANDVIEW TERRACE TRAFFIC CALMiNG AND STORMWATER IMPROVEMENTS
PROJECT DESCRIPTION: . 99.0023-EN '
tslC
Item Item Description Unit Est. Qtv. Unit Price Total
1 MOBILIZA TION/DEMOBILlZA TION
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LS
2 TRAFFIC CONTROL LS
--.---..---.... .-".'-".--'----- ... ....... .~..
CLEARING & GRUBBING, EROSION
3 CONTROL AND CONTRACTOR STAKING LS
1
1
4 TREE REMOVAL
EA
10
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5 CURB AND GUTTER REMOVAL
.. LF ,. 1 !.?9?, ....
6 CONCRETE SIDEWALK REMOVAL
SY
449
7 CONCRETE DRIVEWAY REMOVAL
.,....._.. ~..~.., ___.........._...._.... ..0"_."__" ,'T '"
.SF
2,902 .,
8 ASPHALT DRIVEWAY REMOVAL
SY
.. .. "' .u__". .. . L' po" . '0
87
9 DRAINAGE STRUCTURE REMOVAL
EA 10
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10 STORM SEWER REMOVAL
LF 652
11 GUARDRAIL REMOVAL
LF 27 ,
.. . . ...
SY 6,342
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EA 14
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12 PAVEMENT REMOVAL
13 SIGN REMOVAL
14 SIGN RELOCATION
EA 16
15 EXCAVATION-ROADWAY
CY __1 ,~88
CY 383
... ,. I ....h
SY 4,304
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SY 4,046
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16 FILL-ROADWAY
17 12" TYPE B STABILIZATION
18 8" CRUSHED CONCRETE BASE
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19 3" ADD'L CRUSHED CONCRETE BASE
SY
185
206" CONCRETE PAVEMENT
SF
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2" ASPHALT PAVEMENT PATCH
22 (TYPE PC.1)
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SY
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24 CONCRETE BRICK PAVERS
-.... .-_.._~_. .-.. ,". .'?' .... .... - .-...... . ,
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25 CONCRETE DRIVEWAY.
SF
26 ASPHALT DRIVEWAY
............... ~ ........... ...._~. ~. ..... -. ._~......_. .~--.>
SY
27 CONCRETE SIDEWALK
SF
,28 CONCRETE SIDEWALK RAMP ,SF
29 TYPE 1 CURB AND GUTTER
LF
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LF
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LF
.32 CHANNEL GUTTER
.. ___... ...d. '" 'c' ,d... _ 'n.... 'P._ . . .
LF
33 STEEL PLATE
EA
34 12" PAVING HEADER
LF
35 CONCRETE TRAFFIC SEPARATOR
SF
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37 15" RCP
LF
38' 18" RCP
LF
39 24" RCP
LF
40 30" RCP
, LF
41 FOOT INLET TYPE P-4
EA
42 FOOT INLET TYPE P.5
EA
3
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5,243
90
204
7,921
2,~~3. .'
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1,242
3,054
520
1r29~,
55
2
'508
1,83~. : .
200
740
191
166
353
4
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44 FDOT INLET TYPE P-B EA
45 FOOT INLET TYPE P-9 EA
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46 FOOT INLET TYPE P-1 0 EA
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49 RECONSTRUCT MANHOLE'
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50 CORE MANHOLE EA . .
51 FLOWABLE FILL
52 PAVEMENT MARKINGS - 6"
53 PAVEMENT MARKINGS - 12"
54 PAVEMENT MARKINGS - 18~'
55 SIGNAGE
56 UTILITY ALLOWANCE
57 SOD
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58 QUERCUS VIRGINIANA "LIVE OAK" '
LAGERSTROEMIA INDICA "TUSCARORA"
59 CRAPE MYRTLE
60 SABAL PALMETTO "CABBAGE PALM"
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THE BIDDER'S TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP SUM
PRICES AND THE ESTIMATED QUANTITIES REQUIRED. THIS FIGURE IS FOR INFORMATION
ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL MAKt:: THE TABULATION FROM THE
UNIT PRICES AND LUMP SUM PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE
BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE SHALL
GOVERN. .
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Addendum No.1
Grandview Terrace Traffic Calming and Stormwater Improvements
Date:
Subject
May 31 t 2002
Addendum No.1 to Plans for
Grandview Terrace Traffic Calming and Stormwater Improvement
To:
Prospective Bidders and Others Concerned
Information pray ided at the Pre-Bid Conte ranee
1. The co nceptua! project desig n was generated by the neighborhood residents at a
. Traffic Calming Design Charrette, The purpose of the project is to reduce
speeding in th en eighborhood and provide safe crossing for students atJF
Kennedy Middle School. Ab out 95% ofth e neighborhood property owners
signed astatementsupporting the conceptual design.
2, The two modern roundabouts are similar to th e Acacia Roundabout on North
Clearwater Beach at Mandalay Av. & Acacia St., except somewhat smaller. .
3. Schedule - The medians an d roundabout work on Palmetto Sf is to be p erfonned.
while school Is out for the su mmer at JF Kennedy Middle Sch 001, In order to
minimize th a im pact on par ents dropping 0 ff a nd picking up stu dents.
4. Field cha ngas:
a. The sidewalk on the eastslde ofRichardsAv at Palmetto Stw III be moved
west closer to th e curb.
b. The medians on RichardsAv westof the roundabout at Richards & Ba<er
will be r e-config u red to accommodate new driveways on a pr operty on the
southwest side 0 f Richards.
c. Thestormwaterpipe onthesouthsideofDrewSt maybe relocated tothe
north sid e of Drew.
5. Contractors are reminded to take note of the Maintenance of Traffic and erosion
requirements, which ar e imp ortant for the protection ofworker and public sa fdy
and the env ironment.
6, Road closures are allowed. To mporary pavementcan be used to keep road
'closures to a minimum for the convenience of the traveling public.
7. The Florida DOT Drew StreetproJectmaybe postponed.
8. The City Inspectors will be ch ecklng lov erifylhe Contractor's trenching and
shoring work.
page1 of4
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Addendum No.1, Grand viewT err"\lce T raHic Cal ming and Storm water IIll provelllonls
The PIa ns for the subj ect project shall be supplemented and/or amended as follows:
Contract Plans
9. 5-5 rim el evation is 7 1.44.
10.Sheet 17. note indica ting that the sanitary sewer main is to be replaced at the
storm crossing. . This references the storm runs between 5- 6 to S- 7 and 8-7 t.:)
S-7A. Thisworkshallbep aid for under Pay Item 74, SANITARYSEWERPIPE '
REPLACEMENT, 40 LF, .
11. Sheet 18and Sheet 19 note reads" ADJUST WATER VALVES (2)". Th[swork
shall be paid underPay Item 75, ADJUST WATER VAL VE.
12: Sheet 17 calls for anew 5- 8, a P- 6 inlet. This shall b e pai d under Pay Item 7.3.
FDOT I N LET TYPE P- 6.
13:Sheet2, Demolition Note #7. Include the following: .. Traffic signs are to be
removed by the City's Traffic Operations 5 ection, n at the C ontractor."
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14. Replace PC-1 and PC-3 asphalt mixdesigns with FDOT type 5-1 and 5-111.
15. Modif[ed Typical Section for Concrete Traffic Separator on sheets 3 and 4 to Cl
. Type I Traffic 5e parator- Optio nil, F DOT Index 302. This revision does not
. require total pavement removal to construct th e sep arator, only milling pavement
a minimum of ~-inch thickness is required. The pavement milling work shall be
. considered inclu ded In the cost to construct the traffic separator.
16. Modified Apron Detail on sh eets 3 and 4 to proportionately show the 8- inch
crushed concrete roadway base cour se correctly in r elation to th e 1 8-inch
straight curb dimension.
'1
17. Reduced the Pavement Removal quantities on sheets 7.8,13, and 14to
. account for the modification to the Concrete Traffic Separator Typical Section.
Increased the Pavement Removal quantity on shee t 1 5 to account for the st arm
sewer realignment along 0 rew Street. The quantity 0 f Pavement Removal fol'
the contract pay item was reduced from 6,342 to 6,062 square yards.
18. 5heet52, Landscaping. There is no separate bid ite m forthe small quantityc f
blue concrete. Cost of blue coloring shall b e i neluded in t he cost of constructing
the straight curb,
19.5heet2, General Notes, Jete lean Existing 5tormwaterSystem. Besides
cleaning outwhat th e Contractor contributes to the system, if a nything, the
Contractor will be required, Ifd etermlned by the field engineer, toj et clean thEl
Pnge~. of4
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Addendum No, 1. Grand vlewT orracu T raffle Cal mlng and Storm wator Irn provol11enls
existing 30" storm water pipe on Drew St for 310' to the east and the existing :24"
(20" PE liner) storm water pipe on Casler for 780' to th e north.
20. Sheet 15, revIsed storm sewerallgnment location to the north side of Drew Street
and updated quantitiesaccordinglyon th e sheet and the con tract bid schedul'3
proposal sheet. Se e enclosed revised plan and profile sh eet.
21.8heet 17, revised storm sewer inverts and location of drainage structure 8.9.
See enclosed revised plan sheet. '
22.Sheet48, revised PC-III asphalt mixdesig n to FOOT Type 8-111 for the Asp halt
Driveway Replacement 0 etail.
23.Sheet49, revised PC-III asphalt mixdesig n to Type S-1I1 for the DOT Standard
Street Replacement Detail.
24. Sheet 55. revised pia nt spacing requirement for the Liriope Glgantea U Evergreen
'. Giant" form 18"to 24" o.c.and the Raphiolepis Indica "Dwarflndian Hawthorr"
" from 30" to 36" o.C. The contract quantilywas reduced from 135 to 95 each fl)r
the "Indian Hawthorn".
Specifications,
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25. Schedule: The Contractormay delay startot construction in order to save COHts
by mobiliz ing only once an d co nstructlng the medians and roundabout Pal metto
Av work during theJF KennedySchoolsummerholidayof2003: TheJF
Kennedy Scho 01 dates for th e 2003 su mm er holiday ar e:
May20,20 03 -Lastdayof school
August 6. 2003 - Approximate starto f nex t school year
Please s tate when co nstruction w ill start. In the event th e Contractor propOSES to
delay the start 0 f co nstructiorl, t he Contractor will not be permitted to re-negoiiate
a change in a ny pay item unit cost, with the exception ofasphaltic concrelepnr
Article 24 - Adjustment to U nit Bid Price for Asphaltic Material for the City of .
Clearwater Contract Specifications and Standards..
26.Article44 - The Variable Message Boards (VMB's) are to be provided by the
Contractor as stated, notby the City.
27. Article 37 - See attached Article 37, A project video is required a nd is to be
performed by the Contractor, notthe City. Pa yment for this work shall be
included in t he contract items prOVided in th e proposal. There is n 0 separate pay
item for this work.
28. Irrigation .Components ~hall consist of the following (added to sheet 53):
PAge ~ of 4
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Addendum No.1, Grand view Torrace Tralfie Cal mlng and Slorm waler 1m provemonls
· Rainbird xcz-075 co ntrol zone kit Inst ailed in Brooks # 36 s cries co ncreto valvn
box w IBrooks #36- T ca st iron lid,
· Rainbird #33DRC (3/4") quick coupler to be in stalled In sa me valve box wlcortrol
zone asse mbly.
· Rainbird ES P-6LX+ Automatic Controller insta lied wlGlen-Hilton Mini..Clik rain
shut-off dev ice.
, . SCH 80 P VC later al pipe.
· Netafim inline emitter d rip tube installe d In all bed areas to be ins tailed 1 2" ap art
and 21' ~ 3" below finished grade/mulch.
. Backflow preventer.
· Portable water meter (5/8") meter capable of 13-14 GPM @ 50 psI (minimum).
. 6" Hunter pop-ups installed on 18" flex pipe; for turfareas.
. 12 gauge wire from clock tov alves.
. 1" Richdell co ntrol valves.
23: All planting soil sh all be sandy/loam free of rocks, roots,limerock and other
, debris. .
Bid Schodule UnitPri CBS,
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The following chang es have bee n made to the UnIt Pr Ice Bid Sch edule:
20. Bid Item 21,2" asphalt pavement{TypePC-1) change pay item unit to tons,
estimated quantityto 536to'~s, and Type PC-1 to 5-1.
21. Bid Item 22,2" asphallpavement patch (Type PC-1) change pay item unitto tanH,
estimated quantity to 11 tons, and Type PC-1 to S-1.
22. Bid Item 23;4" asphalt pavement patch (Type PC-1) change pay item unitto tanH,
estimated quantity to 90 to ns, and Type PC-1 to S- 1.
23. Bid Item 26. Asp halt'drivewaychang e pay item unit to torisand estimated quant ty
to 5 tons,
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24. Bid Item 73,revised bid item to MILLANDRESURFACE(SR590) 1-1/2".
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25. Pay Items 7 4~ 76, see above.
26. Bid I t6 m 76, new pay item" RECONSTRUc:r DRAINAGE IN LEr, pay Item unit
Each, and quantity 1. .
27. See attached revised BID SC HEDULE - UNIT PR ICES for revisions above and
minor adjustments to bid item quantities.
Page~. of 4
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Bid Schedule - Unit Prices
Project: Grandview Terrace Traffic Calming and Stormwater Improvement
Project Descrlption: 99.0023-EN. Contractor.
Bid
Item Est.
No. Itom Description Unit Quantity Unit Price ($) Total ($)
_}2 _ TRASH RECEPTACLE EA _~~__~~~m..._~_._~_...
_______~__________...._+_ft_......+_..........+_~. ___ 4_ _._._ ___.____.
73 MILLANDJ!,ESURFAC!=JSR 590) 1-1.~~" ., Sy 489
---~..__._- .--"""-------.--. -- ----.--.--
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74 sANITARY SEWER PIPE REPLACEMENT LF ~~~- _4~r=_==-~____
---- -.....-...- ............
-1E-_ ADJUST WATER VALVE EA
..............._---~+~-_.........--._-_.............------..-.. -.- ---.-..
76 FDOTINLETTYPE P-6 EA
----- _ _____.______d______
77 RECONSTRUCT DRAINAGE INLET EA 1 ------
-- . - H_............. -.---- - -......---......................---..
-- ------...-- ..........----------....-............... -.. ---- .............--------- -- ----~.......+--.
_.?8 Contln~y___ _(non~)_ $ -
.._--- .....---.......................--.
- . ----... -""""'"-............-.._~................ --......---.....-.
SUB-TOTAl $ ----
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CONTRACTQ!S, ----
------------.-...............-- - ----- ................----~.._..._< .................. .......-------..-.........-.
BIDDER'S GRAND TOTAL $ ......,.,.-,...... --- ------ - (Numbers)
-- - --. -- ...------.
~.IDDER'SGRANDTOT~L $.. ~ . .. . ~._C~I.~ -=:c= f~---~
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--- The Bidder's total above is his/hertotal bid based on his/her Unit Prices and Lump Sum
Prices and the Estimated Quantities required. This figure Is for information onl~' at the
time of opening bids. The City will make the tabulation from the Unit Prices and Lump
Sum price bid. If there is an error in the total by the Bidder, it shall be changed, as on Iy
--- -- the Unit Prices a..,d Lu~e.~.~~_~!ice_~J:1a~Jto~~!!1:___.._._..._,.___ . ...,.___,....___..
Proposed start ofconstructlon (date):
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Prinled 513112002 2:58 PM
110004014
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Final Aqenda Item #
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Clearwater City Commission
Agenda Cover Memorandum
Work session Item #;
Meetlnj:l Date: 8122/02
, .
SUBJECT/RECOMMENDATION: Approve the final plat for II BELLE HARBORt located at the
northeast corner of Baymont 51. and Mandalay Ave on Clearwater Beach.
[&) and that the appropriate officials be authorized to execute same.
SUM MARY:
, · This plat will be a one lot replat of the existing Yacht Basin consisting of 6.16 acres more or less.
· The applicant is proposing to redevelop the property with a condominium development recently
approved by the Development Review Committee. '
· A copy of the plat is available for review in the City Clerk's office.
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Reviewed by: Originating Dept:_m I Costs
Legal N/A Info Srvc N/A Public Works Admlnl ration Total
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Budget ') User Dept.
N'A PubliCWor~ Funding Source:
Purchasing _WA- DCM/ACM N/A Current FY CI
Risk Mgmt N/A other ell::: Attachments OP
Plan. & Dev.
ot her
Submitted by: . ~ None
City Manager --gat Appropriation Code:
0 etd on I1lC cled r Pl.1t Clearwater Mall.doc
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Loca tion
Map
PROJECT
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CITY Of CLEARWATER. FLORIDA'
PUBLIC WORKS ADMINISTRATION'
ENGINEERING
LoeA liON MAP
BELLE HARBOR
PROPOSED PLAT
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OFFICIAL FORM FOR SUBMITTING PLAT
FOR APPROVAL TO PLANNING & ZONING BOARD & CITY COMMISSION
REQUEST FOR APPROVAL OF SUBDIVISION PLAT AND
AGREEMENT TO INSTALL IM~ROVEMENTS, ETC.
CLEARWATER, FLORIDA
. [
JULY 29, 2002
TO:' ~ity.of Clearwater, Florida.
City Hall
Clearwater, Florida
. f
I; 'GREENMACK CLEARWA'rER, LLC, a Florida limited liability
company is the owner of the following described property:.
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Lots 1 through 9, Yacht Basin Subdivision as per
plat thereof recorded in Plat Book 25, Page 35,
Public Records of Pinellas County, Florida
and represents that all taxes have been paid on such property and
that the property is free and clear of. all encumbrances except:
Mortgage to Capital Financial Products, Inc. a Delaware corporation
recorded in Official Records Book 11428, Page 264 of the Public
Records of Pinellas County, Florida.
2.' Herewith is submitted a proposed plat of such property
as a subdivision located within or adjacent to the City thereof, to
be known as Belle Harbor and respectfully request that such plat be
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approved bi:
(a) The Planning &. Zoning Board of the ~ity and
Supervisor of plata of the City
(b) The ci ty Commission of the City as required by. 'the
Charter and Ordinances of the City
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And, as an inducement for the procurement of such
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approval,
(I, (We) for myself (ourselves)
and my (our)
heirs~ executors, successors, legal representatives and assigns, do
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hereby covenant and agree with the City of Clearwater that I (we")
will' c~nstruct, erect and install'within such subdivision, within
a period of 365 days .from the date of such approval by the City
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Commission, the Subdivision improvements as described in and
required by Chapter 133, Clearwater Code of Ordinances.' All
,i~provements,are to be approved by the City Engineer (if any of the
following are already installed, so note, or if it does not apply;
indicate asN/A) :
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A. . STREETS: N/A
B. CURBS AND GUTTERS: N/A
C. SIDEWALKS: N/A
D. PARKWAYS .: N/A
E. EASEMENTS: N/A
F. 'SANITARY SEWERS: N/A
G. STORM SEWERS AND DRAINAGE: N/A
H. UTILITY LINES: N/A
I. RIGHT-OF-WAY: . N/A
J. STREET LIGHTS AND STREET NAME SIGNS: N/A.
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. 4. .In order to secure compliance by the undersigned with
the covenants and agreements set forth herein and within the time
limit given above, there is hereby handed to you a performance
surety bond. or bank escrow account in the sum of $
N/A
, the
estimated cost. of the required subdivision' improvements as prepared
by a Florida Professional Engineer and approved by the City
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Engineer.
IN WITNESS WHEREOF, I (We) have hereunto set
.hand(s) and affixed.
day of 'July, 2002.
seal (8), this
Greenmack Clearwater, LLC
By:Greenfield Clearwater, LLC, (SEAL)
2 '.
(J~-'\ f ['lvVr-"'-
(SEAL)
signed sealed'an9 delivered
in. 'our presence:
,(j.w t/lbd-
I., ,WIT~ESS
,tlJ;.~ \? 0 L.-? J2
. , WITNES1S
,STATE 'OF,
COUNTY OF
~A The foregoing instrument was acknowledged before me this
2.....-,'..' 'day of .July, 2002 by Barry P. Marcus as Senior Vice
. President of Greenfield Clearwater .'LLC as Managing Member of
Greenmack Clearwater, LLC who is'}2ersonally known to me or who has'
produ'ced. J:'J'"'Iv'~.s. LfcenSP as identification and
who ( ) did. (t,Y'did not take an oat;l;/........... ~ / I .
/~7 ~~
signature of person taking acknowledgment
/(,Wl F /~al(
Type/print/stamp name of acknowledger
Title of rank, and Serial No.. if.any
rl\l..\b.n. ~.."', IIc\~lIhlol ,.,. I., ~""'IlU"; 'hl."I'd
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. GREENE & SCHERMER
, ,
ArT'ORNEYS AT l.AW
1301 SIXTH AVENUE W, SUITE 400
BRADENTON, FLORIDA 34205'
TELEPHONE: (941) 747-3025
. FACSIMILE: (941)747-6937
. '"J
July 31. 2002
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RE: PROPOSED PLAT OF HBELLE HARBOR"
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This is to certify' that I have examined the Public Records of Pinellas County, State of Florida
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through July 25, 2002 in regards to the following described property:
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See attached Exhibit "A".
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We find the record title holder to the above vested in 'GREENMACK CLEARWATER, LLC; a
Florida limited liability company that appears in the dedication of the proposed plat. '.
The only mortgage of record is held by Greenwich Capital Financial Products, Inc:, a Delawar.e
corporation recorded in Official Record Book 11428, Page 264 dated June, 15,200 1 ~ in the Public
Records of Pine lias County, Florida.
Sincerely yours,
RFG\wlv
P: \jrne\bclle hnrbor llC\lhlc certlficallon. wpd
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LOTS. I THROU6H 9. YACIiT BASIN SUBDIVISION. AS' RECORDED IN PLAT BOOK 25. PAGE 35
OF THE PUBL.IC RECORDS OF PINELLAS COUHTY. LYING WITHIN SECTIONS :s AND 8,
TOWNSHIP 29 SOUTH. RANGE IS EAST. BErplG MORE PARTICULARL.Y DESCRIB,ED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOTI, YACHT BAstN SUSDP/ISION, AS RECORDED IIf
PLAT BOOK 215. PAGE 35 OF THE PUBt.IC RECORDS OF PINELt..",a; CQUNTY. FLORIDA; THENCE
ALONG lME WEST .LINE OF- LOTS I. 8.' AND 9. SAID YACHT BASIN SUBDIVISION.
RESPECTIVELY. SAftE ALSO BEING THE EAST RIGHT-OF-WAY LINE OF MANDALAY AVENUE. THE
FOLLOWING TWO (2) COURSES: C I) N24-,2'43-E. FOR 173.94 FEET; (2) H02-42'2S.E
(BEING THE BASIS OF BEARINGS FOR THIS DESCRIPTION), FOR 374_24 FEET TO ntE
NORTHWEST CORNER OF SAID LOT 9; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE Of
MANOALAY AVENUE. ALOt.lG THE NORTH L I HE OF SA I D LOT I. 889-0 I · 32 -E., . FOR 2 t .80
FEET: THENCE ALONG THE EAST L.INE OF SAID lOT 9 THE FOLLOWING TWO COURSES: (I)
S02.oIIIIZ'2S.W. FOR 23.19 FEET TO 1lfE POINT OF INTERSECTION WITH A NON-TANGENT
CURVE. CONCAVE NORniEASTERL.Y; (2) SOUTHEASTERLY. ALONG l1fE ARC OF SAID CURVE.
FROM A RADIAL BEARING OF N87-21'2~.W, HAVINS A .RADIUS OF 20.00 FEET. A CENTRAL
ANGLE OF. 9ze '6'45~. AN ARC LENS:nt OF ~2.21 FEET.. AND A CHORD BEAR INO $438291 IU'E
FOR 28.84 FEET TO THE POINT OF INTERSECTION Wlnt A NON-TANGENT LINE: THENCE
ALONG THE NORTH LINE rJF LOTS 8 TmOUGH 5. SAID YACHT, BASIN SUBDIVISION.
RE:SPECT I VELY, ses.401:5S-E, FOR 456.25 FEET TO THE POINT.OF INTERSECTION WITH A
HON-TANGENT CURVE. CONCAVE SOUTIfIIESTERLY; THENCE ALONG THE EAST LINE OF LOTS 5
AND 4. BAlD YACHT BASIN SUBDIVISION, RESPECTIVELY, THE FOLLOWING THREE (3)
COURSES: , I ) SOU1'HEASTERL Y, ALONG THE ARC OF SA I D CURVE. FRCU A RAD IAL BEAR INS
OF NOO-16'II-E"~VING A RADIUS OF 45.22 FEET. A C~ ANGLE OF 89-S01IS., AN
ARC LENGTH OF 70.90 FEET. AND A CHORD BEARING S~4"48142.E .FOR 63.86 FEET TO nE
POINT OF IN'rl.mSECTtON WIlM A NON-TANGENT liNE: 12) BOOaOS'29IW, FOR 118.043 FEET;
(3) SIO.OO'46'W. FOR 332.86 FEET TO THE POINT OF INTERSECTION WITH THE NORTH
RiGHT...oF-WAY LINE OF BAYMCNT STREET. SALE ALSO BEIHCJ me: SOUTHEAST COMER OF
SAID LOT 4; niENCE N89C123'44.W, ALONG SAID NQRTH RIGHT-OF-WAY LINE OF &AntONY
STREET. SR.E ALSO BEING 1HE SOUTH LINE OF lOTS 4 THROUGH I. SAID YACHT BASIN
BUBO IVIS ION. RESPECT I VEL Y, FOR 512.. 68 FEET "0 THE PO I NT OF BEG I NN I NG.
CONTAINING A TOTAL OF 6.166 ACRES. MORE OR LESS
,
ERROR OF CLOSURE: 0..006 FEET (F1lI)
EXHIBIT HAil
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0'8/22/02
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Flllill Agendil lIem "
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Clearwater City Commission
Agenda Cover Memorandum
Works(!sslnnltem II:
Meeling Dille: ~,22, 2002
SUBJ ECT/RECOMMEN DA TION:
Approve request to release consent to sale restriction on property known as the Atrium building and
retaining the certain restrictions on the transfer of the property.
o and that the appropriate officials be authorized to execute same.
SUMMARY:
. On July 14, 1983, the City entered into a development agreement with the Clearwater
Redevelopment Agency and J,K. FinanCial Corporation regarding certain property in the City.
. Section 11 (c) - sentence 1 of this agreement states that property conveyed pursuant to the
agreement will not be sold without the consent of the City or Agency,
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. The City consented to the conveyance of the property to BSF IIl-B, LLC in the Third -Amendment
to the Development. Agreement.
.On March 25, 2002/ "BSF 111-8, LLC conveyed the property to the Wilder Corporation.
. .. On April 18, 2002, the City Commission consented to, confirmed, and ratified the sale of the
property to Wilder Corporation.
o Wilder Corporation's Lender, American Express, will not close the loan onlhe property with the
current restriction in place.
. Wilder Corporation is requesting that the restriction requiring the City and Agency's agreement to
'any sale of the property be released.
. The remaining restrictions of paragraph 11 (c) will remain.
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Reviewed by:n J n
Legal 'f-/.1!:-
B udgcl NA
PurchasIng NA
Risk Mgmt NA
In(o Tech NA
Public Works NA
DCtv\!ACM
Olher NA
Costs
NA
Total
,'.
Funding Source:
C~I'Il(!llrlll"(""nlt'nl
Current Fiscal Year
Altachmenls
Amendment to Agreement
Ojl"r~lillr.
Olh~1
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Appropriation Cod!.!:
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Rev. 2/96
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:AGENDA
08/22/02
I'
ITEM #
33
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Clearwater City
Comulission
Agenda Cover
Memorandull1
Worl<sesslon lIem II:
FfJ I
33
Final Agenda Item II
Meeting Date:
08/22/02
SUBJ~CT/RECOMMENDATION:
Adopt Resolution 02-43 providing for the sale of not to exceed $15.5 million Revenue Bonds, to fund
a Community Sports Complex, '
[EJ and that the appropriate offfcials be authorized to execute same,
SUMMARY:
. Ordinance 6675-01 was adopted on January 18t 20011 Ordinance 6854.01 was adopted on September
6, 2001, and Ordinance 7016-02 is scheduled to be adopted on August 22, 2002t all of which authorize
the issuance of Revenue Bonds to finance a Community Sports Complex.
. The principal and interest on these bonds are to be paid from payments to be received 'from the State
of Florida and Pinellas County. The State of Florida has agreed to pay $500,000 per year ($41,666.67
per month) for 30 years and Pinellas County has agreed to pay $587,650 per year ($48,970.83 per
,month) fl,)r 20 years. Both entities began making payments 3/1/01. We are holding those payments in
anticipation of issuing these bonds,
. . In order to satisfy concerns of the bond insurance company. Attachment E to this resolution is a Debt
Service Agreement between the City and MBIA Insurance Corporation which commits the City to pay
the. debt service on the bonds, whether or not agreed upon payments have been received from the
State of Florida and Pinellas County.
. Due to the complexity of this bond issue. this resolution authorizes a negotiated sale of these bondst
rather than a competitive sale. Staff feels that this is in the best interest of the City. The firm of UBS
P~ine Weber has been selected to be senior managing underwriter since they were the low bidder on
the City's last competitively bid bonds (2002 Water and Sewer Bonds), The firm of Salomon Smith
Barney has been selected to be the co. manager on this deal since they were the low bidder on the
previous competitively bid bonds (2001 Sales Tax Revenue Bonds).
: I
. This resolution authorizes the City Manager and Finance Director to award the sale of the bonds. Only
the amount of bonds will be issued that can be supported by the payments expected from the State of
Florida and Pinellas County (under the respective agreements), plus any expected interest earnings on
such payments.
. The complete resolution, with attachments, is available in the City Clerk Department.
Reviewed by:
Legal ~
Budget ~ \
PurchasIng ~A
Risk Mgmt N/ A
OrIginating Dept:
M. Simmons .\ I J jl.iJV'rV
FInance I....rn ~ 1
User Dept.
Parks and Recreation "I.
Attachments
Resolution 02-43
Costs
Submitted b .
City Manag
Info Srvc
Public Works
DCM/ACM
Other
Funding Source:
CI
OP
Other
o None
A ro rlatlon Code:
RESOLUTION NO, 02-43
A RESOLUTION AUTHORIZING THE NEGOTIATED SALE OF NOT TO.
EXCEED $15,500,000 REVENUE BONDS (SPRING .TRAINING
FACILITY), SERIES 2002; AWARDING THE SALE THEREOF TO UBS
PAINEWEBBER INC ON. BEHALF OF ITSELF AND THE CO-
MANAGERS SELECTED BY THE CITY, SUBJECT TO THE TERMS
AND CONDITIONS OF A PURCHASE CONTRACT; PROVIDING FOR
THE ISSUANCE OF THE SERIES 2002 BONDS IN FULL BOOK ENTRY
FORM; APPROVING THE FORM OF A PRELIMINARY OFFICIAL
STATEMENT; AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY
OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT IN CONNEC-
TION WITH THE DELIVERY OF THE BONDS; PROVIDING FOR
COMPLIANCE WITH A CONTINUING DISCLOSURE CERTIFICATE;
APPOINTING A REGISTRAR AND PAYING AGENT; AUTHORIZING'
THE PURCHASE OF MUNICIPAL BOND INSURANCE; AUTHORIZING
THE PURCHASE OF A DEBT SERVICE RESERVE FUND SURETY
BOND; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION
THEREWITH;,AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, on January 18, 2001, the City Commission of the City of Clearwater,
Florida '(the "City" or the IIlssuerll) enacted Ordinance No. 6675-01 (the "Original Bond
Ordinance") to provide for the issuance of City's Revenue Bonds (Spring Training
Facility), Series 2001, to be issued in one or more series from time to time payable from
the Interlocal Agreement payments and Revenues to be received by the City from the
State of Florida (as defined therein); and
WHEREAS, on September 6, 2001, the City Commission of the City enacted
Ordinance No. 6854-01, amending the Original Bond Ordinance to provide for the
issuance of not to exceed $15,500,000 in principal amount of tile City's Revenue Bonds
(Spring Training Facility), Series 2001, and on August 22,2002, the City Commission of
the City. enacted Ordinance No. 7016-02, further amending the Original Bond
Ordinance to authorize the limited use of City funds, in addition to the County Payments
and the State Payments (as defined in the Original Bond Ordinance) in connection with
obtaining municipal bond insurance for the Bonds herein authorized ( the Original Bond
Ordinance, as amended by Ordinance No. 6854-01 and Ordinance No. 7016-02,
collectively, the IIBond Ordinance"); and
WHEREAS, the City in the Bond Ordinance designated the project to be
financed with the proceeds of the Series 2002 Bonds as the baseball spring training
facility consisting of a new 7000 seat baseball stadium and related spring training
facilities to replace the existing Jack Russell Stadium (the UProject"), which will be used
in conjunction with Carpenter Field at which Is located four major league training fields,
a practice infield, 'covered batting tunnels, an outdoor bullpen, clubhouse building and a
workouVexercise building; and
Resolution 02.43
II,,::..':,.., ..,.;",'1'.:...'..,.,
WHEREAS, it is in the best interest of the City to provide for the negotiated sale
of not to exceed $15,500,000 of the Series 2002 Bonds herein authorized; and
WHEREAS, the City intends on negotiating a sale of the Series 2002 Bonds with
UBS PaineWebber Inc. on behalf of itself and as representative of the co-manager
Salomon Smith Barney) Incot each as selected by the City's Finance Director after
consultation with the City's Financial Advisor (collectively, the "UnderwritersU) subject to
the terms and conditions contained herein and set forth in a Purchase Contract, the
form of which is attached hereto as Exhibil "A" (the "Purchase Contract") and
authorizing its Mayor-Commissioner,. or .in his absence the Vice Mayor, and City
Manager to execute such Purchase Contract upon the approval of the terms thereof by
the City Manager and the City's Finance Director; and
WHEREAS, the City now desires to approve the issuance of its Series 2002
Bonds, to sell its Series 2002 Bonds pursuant to the Purchase Contract, to authorize.
the distribution of a Preliminary Official Statement and an Official Statement in
connection with the issuance of the Series 2002 Bonds and to take certain other actions
in connection with the issuance and sale of the Series 2002 Bonds; and
WHEREAS, the Issuer will be provided all applicable disclosure information by
the Underwriters as required by Section 218.385, Florida Statutes, prior to the
execution of the Purchase Contract, a copy of which disclosure is to be attached to the
Purchase Contract; and
WHEREAS, this resolution shall constitute a supplemental resolution under the
terms of the Bond Ordinance, and all capitalized undefined terms used herein shall
have the meanings set forth in the Bond Ordinance;
NOW, THEREFORE) BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA, as follows:
SECTION 1. AUTHORIZATION OF BONDS AND SERIES DESIGNATION. The
Revenue Bonds (Spring Training Facility), Series 2001 authorized by the Bond
Ordinance being offered pursuant to this resolution is hereby designated as the not to
exceed $15,500,000 City of Clearwater, Florida, Revenue Bonds (Spring Training
Facility), Series 2002 (the "Series 2002 Bonds"), which Series 2002 Bonds are hereby
authorized to be issued. The proceeds of the Series 2002 Bonds shall be used to pay
(i) a portion of the costs of the Project (as hereinafter identified), (ii) the costs of issuing
the Series 2002 Bonds, (iii) the premium on the Bond Insurance Policy, and (iv) the
premium for the debt service reserve fund surety bond for deposit to the Reserve Fund,
The proceeds of the Series 2002 Bonds not required to pay the amounts described in
clauses (ii) through (iv) in the immediately preceding sentence shall be deposited into
the Project Account in the Construction Fund (created by the Bond Ordinance) for the
Project.
2
Resolution 02-43
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SECTION 2. NEGOTIATED SALE. (a) Due to the willingness of the
Underwriters to purchase not to exceed $15,500,000 in aggregate principal amount of
the Series 2002 Bonds at favorable interest costs and the importance of timing in the
marketing of such obligations, it is hereby determined that it is in the best interest of the
public and the City to sell the Series 2002 Bonds at a negotiated sale and such sale to
the Underwriters pursuant. to the terms and conditions contained in the Purchase
Contract and herein is hereby authorized and approved, subject to the satisfaction of
the conditions set forth in Section 2(b) below.
(b) The Finance Director is hereby authorized to receive the offer to purchase the
Series 2002 Bonds from the Underwriters in the form of an executed Purchase Contract
in the form approved herein. The City Manager and the Finance Director are hereby
authorized to award the sale of the Series 2002 Bonds on their determination that the
offer submitted by the Underwriters for the purchase of all of the Series 2002 Bonds are
within the following parameters: (1) in the case of the Series 2002 Bonds. the true
interest cost rate shall not exceed 5.50%. (2) the actual principal amount of Series 2002
Bonds shall not exceed $15,500,000, (3) the final maturity date shall not be later than
thirty (30) years after the date of issuance of the Series 2002 Bonds, and (4) the
Underwriters' discount shall not exceed $8.00 per $1,000 of Series 2002 Bonds issued.
The City Manager and the City's Finance Director are hereby authorized to award the
sale of the Series 2002 Bonds as set forth above or to reject the offer from the
Underwriters for the Series 2002 Bonds. Such award shall be final.
(c) The Series 2002 Bonds shall be sold to the Underwriters, upon the terms and
conditions set forth in the Purchase Contract. the form of which is attached hereto as
Exhibit IlAIl and incorporated herein by reference, upon the satisfaction of the conditions
set forth in Section 2(b) hereof. The MayorRCommissioner, or in his absence the Vice
Mayor, the City Manager and the City Clerk are hereby authorized to execute such Pur-
chase Contract in substantially the form. attached as Exhibit !IAn upon the approval of
the City Attorney as to form and legal sufficiency, with such additional changes,
insertions and omissions therein as do not change the substance thereof and as may
be approved by the said officers of the Issuer executing the same, such execution to be
conclusive evidence of such approval.
SECTION 3. REDEMPTION AND MATURITY PROVISIONS. The Series 2002
Bonds shall be dated, shall bear interest payable at the times, shall mature and shall be
subject to redemption as provided in the Purchase Contract.
SECTION 4. CREATION OF ACCOUNT IN THE CONSTRUCTION FUND AND
USE OF FUNDS. The Bond Ordinance created within the Construction Fund two
separate accounts. namely, the Cost of Issuance Account and the Project Account.
Moneys held in the Cost of Issuance Account shall be used to pay the costs of issuing
and delivering the Series 2002 Bonds. Moneys held in the Project Account shall be
used by the City to pay the costs of the Project. Once all costs of the Projects have
been paid or otherwise provided for. any funds then on deposit in the Construction
3
Resolution 02.43
.~~. .'.,'
Furid may be used by the City to pay a portion of the then outstanding principal amount
of the Series 2002 Bonds. .
SECTION 5, DISPOSITION OF PROCEEDS OF SERIES 2002 BONDS. The
proceeds from the sale of the Series 2002 Bonds shall be deposited as follows:
(a) An amount equal to the accrued interest on the Series 2002 Bonds shall be
deposited into the Interest Account in the Debt Service Fund;
. (b) An amount determined by the Finance Director to be necessary to pay the
costs of issuing the Series 2002 Bonds, including the premium due to the Bond Insurer
and the premium for the reserve account surety bond shall be deposited into the Cost
of Issuance Account in the Construction Fund to pay such costs; and
(c) The remaining proceeds of the Series 2002 Bonds shall be deposited into the
Project Account in the Construction Fund.
SECTION 6. APPROVAL OF BONDS. The Series 2002 Bonds shall be issued
under and secured by the Bond Ordinance and shall be executed and delivered by the
Mayor-Commissioner, the City Manager and the City Clerk upon the approval of the
City Attorney as to form and legal sufficiency, in substantially the form set forth in the
Bond Ordinance, with such additional changes and insertions therein as conform to the
provisions of the Purchase Contract and such execution and. delivery shall be
conclusive evidence of the approval thereof by such officers.
SECTION 7. BOOK ENTRY ONLY BONDS. It is in the best interest of the City
and.the residents and inhabitants thereof that the Series 2002 Bonds be issued ut.ilizing
a pure book-entry system of registration. In furtherance thereof, the City has previously
executed and delivered a Blanket Letter of Representations with the Depository Trust
Company, For so long as the Series 2002 Bonds remain in such book entry only
system of registration, in the event of a conflict between the provisions of the Bond
Ordinance and of the Blanket Letter of Representations, the terms and provisions of the
Blanket Letter of Representations shall prevail.
SECTION 8. PRELIMINARY OFFICIAL STATEMENT AND OFFICIAL
STATEMENT. The City Manager and Finance Director are authorized and directed to
cause a Preliminary Official Statement to be prepared in substantially the form attached
hereto as Exhibit "811, with such changes, insertions and.omissions as shall be approved
by the City Manager and Finance Director and to furnish copies of such Preliminary
Official Statement to the UnderWriters, who are hereby authorized to distribute copies
. thereof to potential purchasers. The City Manager and Finance Director are authorized
to deem final the Preliminary Official Statement prepared pursuant to this Section for
purposes of Rule 15c2R12 (the IIRulell) of the Securities and Exchange Commission.
Upon the award of the sale of the Series 2002 Bonds to the Underwriters the City shall
also make available a reasonable number of copies of the Official Statement to the
Underwriter. Following the award of the Series 2002 Bonds, the City Manager and the
4
ResolutIon 02-43
Finance Director shall cause to be prepared a final Official Statement dated as of the
sale date, reflecting such changes in the Preliminary Official Statement as may be
necessary t6 reflect the Purchase Contract. The Mayor.Commissioner and City
Manager are hereby authorized to execute and delivery such final Official Statement,
with such changes, insertions and omissions as may be approved by such officers.
SECTION 9, CONTINUING DISCLOSURE. The City hereby covenants and
agrees that, in order to provide for compliance by the City with the secondary market
disclosure requirements of the Rule, that it will comply with and carry out all of the
provisions of that certain Continuing Disclosure Certificate in substantially the form
attached hereto as Exhibit IIC", to be executed by the City and dated the date of
issuance and delivery of the Series 2002 Bonds, as it may be amended from time to
time in accordance with the terms thereof (the UContinuing Disclosure Certificatell).
Notwithstanding any other provisi'on of this Resolution, failure of the City to comply with
such Continuing Disclosure Certificate shall not be considered an event of default;
however, any Bondholder may take such actions as may be necessary and appropriate,
including seeking mandate or specific performance by court order, to cause the City to
comply with its obligations under this Section.
SECTION 10. REGISTRAR AND PAYING AGENT. Wells Fargo Bank
Minnesota, NA, Jacksonville, Florida, is hereby appointed as Registrar and Paying
Agent for the Series 2002 Bonds.
I.,
SECTION 11. MUNICIPAL BOND INSURANCE POLICIES AND RESERVE
ACCOUNT SURETY BONDS. Pursuant to the Bond Ordinance, MBIA Insurance
Corporation C'MBIAU) has been selected to provide its municipal bond insurance policy
'(the "policy") as the Bond Insurance Policy (as defined in the Bond Ordinance) as
additional security for payment of prin'cipal of and interest on the Series 2002 Bonds,
and to provide its debt service reserve fund surety bond or insurance policy (the
"Reserve Policy") in the amount of the applicable Reserve Requirement to fund the
Reserve Fund for the benefit of the Series 2002 Bonds. Selection of MBIA as the
Bond Insurer (as defined in the Bond Ordinance) and MBIA as the provider of the
Reserve Policy is hereby ratified and confirmed and payment for such Bond Insurance
Policy and Reserve Policy from proceeds of the Series 2002 Bonds is hereby
authorized. The City hereby accepts the terms, conditions and agreements relating to
the Bond Insurance Policy and the Reserve Policy in accordance with the Municipal
Bond Insurance Commitment and Municipal Bond Debt Service Reserve Insurance
Commitment, substantially in the form attached hereto as Exhibit- uD" and incorporated
herein with such changes as may be approved by the City's Finance Director, whose
execution thereof shall be deemed approval of such changes. A statement of
Insurance is hereby authorized to be printed on or attached to the Series 2002 Bonds .
for the benefit and information of the Holders of the Series 2002 Bonds. The Mayor.
Commissioner, or in his absence the Vice Mayor, and City Manager are authorized to
execute and the City Clerk is authorized to attest upon the approval thereof as to form
and legal sufficiency by the City Attorney, the Financial Guaranty Agreement in
substantially the form attached to the Commitment as part of Exhibit "D" hereto, and a
5
Resolution 02.43
0'
Debt Service Agreement substantially in the forf!l attached hereto as Exhibit IIElI, each
with such changes, Insertions and omissions as may be approved by such officers,
whose execution thereof shall be deemed approval of such changes.
In addition to the covenants and agreements of the City previously contained in
the Bond Ordinance regarding the rights of the Bond Insurer and the provider of the
Reserve Policy, which are hereby incorporated herein, the City hereby makes the
, following additional covenants and agreements for the benefit of the Bond Insurer and
the holders of the Series 2002 Bonds while the Bond Insurance Policy insuring the
Series 2002 Bonds and the Reserve Policy are In full force and effect: .
"Bond Insurance Policyll shall mean the insurance policy issued by the
Bond Insurer guaranteeing the scheduled payment of principal of and
interest on the Series 2002 Bonds when due.
(a)
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"Bond Insurerll shall mean MBIA Insurance Company, or any successor
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The maturity of the Series 2002 Bonds insured by the Bond Insurer shall
not be accelerated without the consent of the Bond Insurer.
No . waiver, modification, amendment or supplement to the Bond
Ordinance which requires Bondholder consent may become effective
except upon obtaining ,the prior written consent of the Bond Insurer.
(e) Copies of any modification or amendment to the Bond Ordinance shall be
sent to Standard & Poorls Credit Markets Services at least 10 days prior
to the effective date thereof.
(f) Amounts paid by the Bond Insurer under the Bond Insurance Policy shall
not be deemed paid for purposes of the Bond Ordinance and shall remain
Outstanding and continue to be due and owing until paid by the City in
accordance with the Bond Ordinance. The Bond Insurer shall, to the
extent it makes any payment of principal of or interest on the Series 2002
Bonds, become subrogated to the rights of the recipients of such
payments in accordance with the terms of the Bond Insurance Policy.
The Bond Ordinance shall not be discharged unless all amounts due or to
become due to the Bond Insurer have. been paid in full or duly provided
for.
'(g) All notices required to be given under the Bond Ordinance or this
Resolution (including, without limitation, the resignation or removal of the
Paying Agent) shall also be given to the Bond Insurer. The notice
address of the Bond Insurer is MBIA Insurance Corporation, 113 King'
'Street, Armonk, New York 10504, Attention: Insured Portfolio
Management.
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6
Resolution 02.43
(h) Payments under the Reserve Policy.
"A, In the event that, on the second Business Day, and again on the
Business Day I prior to the Payment Date on the Series 2002 Bonds, the
Paying Agent has not received sufficient moneys to pay all principal of
and interest on the Series 2002 Bonds due on the second following or
following, as the case may be, Business Day, .the Paying Agent shall
immediately notify the Bond Insurer or its designee on the same Business
Day by telephone or telegraph confirmed in writing by registered or
certified m~i1, of the amount of the deficiency.
R If the deficiency is made up in whole or in part on the Payment Date,
the paying Agent shall so notify the Bond Insurer or its designee.
C. In addition, if the Paying Agent has notice that any Bondholder has
been required to disgorge payments of principal or interest on the Series
2002 Bonds to a trustee in Bankruptcy or creditors or others pursuant to a
final judgment by a court of competent jurisdiction that such payment
constitutes an avoidable preference to such Bondholder within the
, ,m~aning of any 'applicable bankruptcy laws, then the Paying Agent shall
notify the Bond Insurer or its designee of such fact by telephone or
telegraphic notice,'confirmed in writing by registered or certified mail,
D. The Paying Agent is hereby irrevocably designated, appointed,
directed .and authorized to act as attorney-in-fact for Holders of the Series
, 2002 Bonds as follows:
, 1. If and to the extent there is a deficiency in amounts required to
pay interest on the Series 2002 Bonds, the Paying Agent shall (a) execute
and deliver to State Street Bank and Trust Company, N.A., or its
successors under the Policy (the ulnsurance Paying Agent"), in form
satisfactory to the Insurance Paying Agent, an instrument appointing the
Bond Insurer as agent for such Holders in any legal proceeding related to
the payment of such interest and an assignment to the Bond Insurer of
the claims for interest to which such deficiency relates and which are paid
by the Bond Insurer, (b) receive as designee of the respective Holders
, (and not as Paying Agent) In accordance with the tenor of the Municipal
Bond Insurance Policy (the upollcy") payment from the Insurance Paying
Agent with respect to the claims for interest so assigned, and (c) disburse
the same to such respective Holder; and
2. If and to the extent of a deficiency in amounts required to pay
principal of the Series 2002 Bonds, the Paying Agent shall (a) execute
and deliver to the Insurance Paying Agent in form satisfactory to the
Insurance Paying Agent an Instrument appointing the Bond Insurer as.
7
Resolution 02~43
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agent for such Holder in any legal proceeding relating to the payment of
such principal and an assignment to the Bond Insurer of any of the Bond
surrendered to the Insurance Paying Agent of so much of the principal
amount thereof as has not previously been paid or for which moneys are
not held by the Paying Agent and available for such payment (but such
assignment shall be delivered only if payment from the Insurance Paying
Agent is received), (b) receive as designee of the respective Holders (and
not as Paying Agent) in accordance with the tenor of the Bond Insurance
Policy payment therefor from the Insurance Paying Agent, and (c)
disburse the same to such Holders.
E. Payments with respect to claims for interest on and principal of Series
2002 Bonds disbursed by the Paying Agent from proceeds of the Bond
Insurance Policy shall not be considered to discharge the obligation of the
Issuer with respect to such Series 2002 Bonds, and the Bond Insurer shall
become the owner of such unpaid Bond and claims for the interest in
accordance with the tenor of the assignment made to it under the
provisions of this subsection or otherwise.
F. Irrespective of whether any such assignment is executed and
delivered, the Issuer and the Paying Agent hereby agree for the benefit of
the Bond Insurer that:
1. They recognize that to the extent the Bond Insurer makes
payments, directly or indirectly (as by paying through the Paying Agent),
, on account of principal of or interest on the Series 2002 Bonds, the Bond
Insurer will be. subrogated to the rights of such Holders to receive the
amount of such principal and interest from the Issuer, with interest
thereon as provided and solely from the sources stated in this Resolution
and the Series 2002 Bonds; and
2. They will accordingly pay to the Bond Insurer the amount of
such principal and interest (including principal and interest recovered
under subparagraph (Ii) of the first paragraph of the Bond Insurance
Policy, which principal and interest shall be deemed past due and not to
have been paid), with interest thereon as provided in this Resolution and
the Series 2002 Bonds, but only from the sources and in the manner
pr()vided herein for the payment of principal of and interest on the Series
2002 Bonds to Holders, and will otherwise treaithe Bond Insurer as the
owner of such rights to the amount of such principal and interest. :
(i) The Ordinance shall not be discharged until all Policy costs owing to MB'IA
shall have been paid In full. The City's obligation to pay such amounts
shall expressly survive payment in full of the Series. 2002 Bonds. In
addition, there shall be no optional redemption of Series 2002 Bonds
8
Resolution 02-43
unless' all amounts owed to the Bond Insurer under the terms of the
Financial Guaranty Agreement have been paid In full.
(j) The Paying Agent shall maintain adequate records, verified with the Bond
Insurer, as to the amount available to be drawn at any given time under
the Reserve Policy and as to the amounts paid and owing to the Bond
Insurer under the terms of the Financial Guaranty Agreement. The
Paying Agent shall give notice to MBIA of any failure of the City to make
timely payment in full of any required deposits to the Debt Service Fund
within two business days of the date due. .
SECTION 12. RESERVE ACCOUNT REQUIREMENT. The Reserve Account
Requirement is hereby designated to be an amount equal to the lesser of (i) ten percent
(10%) of the stated principal amount of the Series 2002 Bonds, (ii) maximum annual
debt service on the Series 2002 Bonds and (Hi) one hundred twenty-five percent (125%)
of the average annual debt service on the Series 2002 Bonds.
SECTION 13. AUTHORIZED INVESTMENTS. In addition to the Authorized
Investments set forth in the Bond Ordinance, the City may invest funds under the Bond
.. Ordinance in investments in pooled investment programs of the State of Florida
administered by the State Board of Administration known as the Local Government
Surplus Funds Trust Fund, established pursuant to Chapter 218 Part IV, Florida
. Statutes. as amended, and any other investments which are permitted, from time' to
time, for other City funds under the City's investment policy. During any time in which
the Reserve Fund is funded with cash and investments rather than the Reserve Policy,
then the investments of such funds shall be valued at fair market value and marked to
market at least once per year, and no such investments shall have a maturity extending
beyond 5 years except for investment agreements approved by the Bond Insurer.
SECTION 14'. AUTHORIZED SIGNORS. The Mayor-Commissioner, or in his
absence the Vice Mayor, the City Manager or any Assistant City Manager, the City's
Finance Director, the City Attorney and the City Clerk or any Assistant or Deputy City
Clerk, or any other appropriate officers of the City are hereby authorized and directed to
execute any and all certifications or other instruments or documents required by the
Resolution, the Purchase Contract, the Bond Ordinance or any other document referred
to above as a prerequisite or precondition to the issuance of the Series 2002 Bonds
and any such representation made therein shall be deemed to be made on behalf of
the City. In the event both the Mayor-Commissioner and the Vice Mayor are unable to
execute the documents related to the Series 2002 Bonds, then any other member of
the City Commission shall be authorized to execute such documents with the full force
and effect as if the' Mayor-Commissioner or the Vice Mayor had executed same. All
action taken to date by the officers of the City in furtherance of the issuance of the
Series 2002 Bonds is hereby approved, confirmed and ratified. .
SECTION 15. PRIOR RESOLUTIONS. To the extent the provisions of this
Resolution are inconsistent with the provisions of previous resolutions adopted by the
9
Resolution 02.43
;1'
City Commission of "the City with respect to the Project, provisions of this Res~lution
shall control and supercede the Inconsistent provisions of such prior resolutions.
. . SECTION 16. EFFECTIVE DATE. This resolution shall take effect Immediately
upo~ adoption.
,. . , . Passed and adopted by the City Commission of the City of Clearwater, Florida,
this _ _ day of ' ,2002.'
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CITY OF CLEARWATER, FLORIDA
. Brian J. Aungst, Mayor-Commissioner . .
:. ' Approved as to fonn:
, Attest:
. : Pamela K. Akin, City "Attorney'.
Cynthia E. Goudeau, City Clerk.
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nONDPURCHASEAGREEMENT
Scptcmber _. 2002
City of Clcarwatcr, Florida
$
City 01' Clearwatcr, Floridn, Rcvcnuc Bonds,
(Spring Training Facility)
Scrics 2002
Ladics and Gcntlemen:
.' Thc unc1ersigncd on behalf of itself nnd Salomon 'Smith Barney Inc. (collectively, the
"Underwriters") offer to cnter into this Bond Purchuse Agreement (this lIPurchase Agreement")
\vith you (t~e t1Issuer"), which upon your acceptance of this offer, will be binding upon you and
upon the Underwriters. Tenns not otherwise defined herein shall have the same meanings as set
forth in Ordinance No. 6675,01, enactcd by the City Commission of the Issuer on January 18, .
2001,as amended by Ordinance No. 6854-01, enacted by the City Commission of the Issuer on
September 6, 2001 and as further amcnded by Ordinance No. 7016-02, enacted by ,the City
Commission of the Issuer on August 22, 2002 (collectively, the "Bond Ordinance") and
Resolution No. 02-43 adopted by the City Commission of the Issuer on August 22, 2002, as
amended and> supplemented from time to time (the "Resolution") and the Final Official
Statement described below.
This offer is made subject to your acceptance of this Purchase Agreement on or before
, 2002 at 12:00 p.m.
1. Purchase and Sale of Series 2002 Bonds,
(a). Upon the tenns and conditions and in reliance upon the respective
representations, warranties and covenants herein, the Underwriters hereby. agrce to
purchase from the Issuer, and the Issuer hcreby agrees to sell to'the Underwriters all (but
not less than all) of the $_ City of Clearwater, Florida, Revenue Bonds (Spring
Training Facility) Series 2002 (the "Series 2002' Bonds"), at a purchase price. (the
ttPurchase PriceU) of $ cqual to the par amount of the Series 2002 Bonds $
less original issue discount ($ ) . and Underwritersts discount
($ ), plus uccrued interest from _ , 2002 to the date of Closing as
. described in Scction 7. Thc, Serics 2002 Bonds shull bc in such pIincipul amountst
maturc on such datcs, bcar intcrcst at such rates and shall be subject to redemption us
, indicuted on Exhibit E hcrcto.
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The proceeds to be receivcd by thc IsslIer from the sale of the Series 2002 Bonds will be
used to (I) finunce the acquisition. construction and instal1ation of a new haseball spring truining
facility and related spring truining facilities to replncc Juck Russell Stadium consisting of a 7000
seat buseball stadium (the "Project") (ii) fund the reserve account insurum:e policy and (iii) pay
costs associated with the issuance of the Series 2002 Bonus, inciLiding the municipal bond'
insuTUnce premium.
(b) The Underwriters have delivered to the Issuer hercwith a corporate chcck
equal to $ ( ) as a sccurity deposit, payablc to thc Issuer. In thc event
Issuer does not accept this offer, such check shall be hnmediately returned to the Underwriters
uncashcd, ]1' this offcr is ucccptcd, the check will be held uncashed as security for the
performance by the Underwritcrs of it's obligutions to purchase, to acccpt delivery of and to pay
for the Serics 2002 Bonds at the Closing, In the event of Issuer's failure to deli vcr the Series
2002 Bonds at the Closing, or if Issuer shall be unable to satisfy the conditions of the obligations
of the Undcrwriters contained herein, or if the obligations of thc Underwritcrs shull bc terminated
for any reuson pcrmitted by this Agrecment, thc chcck shall bc immediatcly retumed to the
Underwriters uncashed, and such return shall constitute a full releasc und discharge of all claims
by the Underwriters arising out of the transactions contemplated hercby; In the event that thc
Underwriters fail (other than for reasons permittcd hercundcr) to accept delivery of and to pay for
the Scries 2002 Bonds at thc Closing, the check shall be cashcd and thc proceeds thcrcof retained
by Issuer as and for fullliquiduted damages for such failure and for any dcfaults hcreundcr on the
part of the Underwriters, and such retention shall constitute a full releasc und dischargc of all
. . claims by the Issuer against the Undcrwritcrs urising out of thc transactions contcmplated hereby.
.,
2. Public Offcring. The Underwritcrs agrce to make a bona fide public offering of
all of the Series 2002 Bonds at thc offering pliccs or yields sct forth on Exhibit E hcreto.
3, Preliminary und Finul Official Statements.
(a) Thc Issllcr agrccs to deliver Final Official Statements to the Underwriters,
The Issucr agrccs to delivcr to ,the Underwritcrs, at such addrcsses as the Undelwriters
shall spccify, as many copics of the Official Statcment relating to the Series 2002 Bonds
(the "Final Official StatementH) as thc Underwritcrs shall reasonably rcquest as necessary
to comply with paragraph (b)(4) of Rulc 15c2-12 of the Secmities and Exchange
Commission undel' the Securities Exchange Act of 1934 (the "Rule") and with Rule 0-32
and all other applicable rules of thc Municipal Securities Rulemaking Board. The Issuer
agrees to deliver such Final Official Statements within seven business days aftcr the
exccution hercof, It is understood that, in undertaking to deli vcr Final Official
Statements pursuant to this subparagraph (a)t the Issucr is not undertaking uny
responsibility fot' thc accuracy or completeness of the information in the Finul Official
Statemcnt concerning DTC.
(b) The Issucr hcrcby authorizcs and. approves the Preliminary Official.
Statemcnt dated 2002, und thc Finul Official Statement (the Final
Official Statement. the Prcliminary Officiul Statcment and any amendments or
supplements thut may be authorizcd for use with respcct to the Scrics 2002 Bonds ure
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hercin refcrred to collcctively us thc "Official Slatcmcnt"), consents to their distribution
and use by thc Underwriters and nuthorizcs the execution of the Final Official Statement
by a duly authorized officcr of the Issuer.
(c) Thc Undcrwriters shull give noticc to the Issuer 011 the dute aftcr whiCh no
pmticipating Underwriters, as such term is defined in the Rulc, remains obliguted to
. deliver Final Official Statements pursuant to paragraph (b)(4) of the Rule.
4. Rcpresentations and Warranties of the lssucr. The lssucr reprcsents und warrants
to the Underwriters that:
(n) The Issuer is a duly organized und validly existing body under the
Constitution and laws of the Stute of Florida, including, purticularly, Chapter 166, Part II,
Florida' StatUl~s, as amended and other applicablc provisions of law (the "Acl") with all
requisite. power and authority to (i) enact Ordimincc No. 6675-01, enacted by. the City
Commission on January 1St 2001, as amendcd by Ordinance No, 6854-01, enacted by the
City Commission of th~ City on September 6, 2001, as further amended by Ordinance
No. 7016-02, enacted by the City Commission. of the City on August 22, 2002
(collectively, the "Bond Ordinance"), and Resolution No. 02-43, adopted by the City
Commission of the City on August 22, 2002 (the "ResolutionH) (ii) issue, sell, execute
and deliver the Serics 2002 Bonds to the Underwriters; (iii) exccute, delivcr, 'perfonn its
obligations, givc effect to and consummate all trunsactions involving the Issucr under this
Purchase Agreement, the Bond Ordinance, the Resolution and the Continuing Disclosure
Agreement (the "Financing Documents"), and all other agreemcnts and documents
relating to the issuance of the Series 2002 Bonds, (iv) execute and deliver the Official
Statement, (v) secure the Serics 2002 Bonds in the manncr contemplated by the Bond
Ordimmce and (vi) carry out and consummate 'all othcr transactions contemplated by each
of the aforesaid documents, and the Issuer has complied with all provisions of applicable
law, including the Act, in all matters reluting to such transactions.
(h) The Issuer has duly authorizcd (i) the execution and delivery of the Series
2002 Bonds and the execution, delivery and due performance of the Financing
Documents, (ii) the distribution und use of the Preliminary Official Statement and
execution, delivery and distribution of the Final Official Statement and (iii) the taking of
any and all such action us may be requircd on the part of the Issuer to carry out, give
effect to and consummute the tTUnsactions contemplated by such instruments. All
consents or approvals necessary to be obtained by the Issuer in connection with the
foregoing have becn received, und the consents or approvals so received are still in full
force and effect.
(c) The Resolulion hus bcen duly adopted by the Issuer, is in full force and
effect and constitutes the legalt valid and binding act of thc Issuer. The Se~es 2002
Bonds and the Financing Documents, when executcd und deliveredt will constitute legal.
vlllid und binding obligations of the Issuer. und the Resolution, the Series 2002 Bonds,
the Ordinances and the Financing Documents ure enforceable against the Issuer in
3
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accordance with thcir rcspective terms, excf~pt as cnforceability thereof may he limited by
bankruptcy, insolvency or other laws affecting creditors' rights gcnerully.
(d) . The Ordinances have been duly cnacted following the requisite rirst
reading, notice and public hearing requirements and arc in full force and effect and
constitutc thc Icgul, vulid and binding acts of the Issucr.
(e). When delivercd to the Underwritcrs, the S~ries 2002 Bonds will have been
duly authorized, executcd, authenticated, issued and delivered and will constitutc legal,
valid' and binding obligations of the Issucr in conformity with thc laws of the Statc of
Florida, including thc Act, and will be entitled to the bcncfit and security of the Pledgcd
.. Punds. .
(1) The information relating to the Issuer contained in the Preliminary Official
Statement is, and as of the date of closing suchinfOlmation in the Pinal Official
Statement will be, true und corrcctin all muterial rcspects, und the Preliminary Official
Statement does not and the Final Official Statement will not contain any untrue or
misleading statcment of a material fact relating to the Issuer or omit to state any material
fact relating to thc Issuer necessary to make the statements therein, in thc light of the
circumstances under which they were made, not mislcading,
. (g) If, at any time prior to the carlier of (i) receipt of noticc from the
UnderWriters pursuant to Section 3(c) hcreof that Pinal Ofticial Statement is no longer
required to be delivered under the Rule or (ii) 90 days after the Closing, any event occurs
with respect to the Issuer as a rcsult of which the Preliminary Official Statement or the
Pinal Official Statement as then amended or supplemented might include an untrue
statement of a material fact, or omit to state any material fact nccessary to make the
statements therein, in light of the circumstances under which they were made, not
misleading, the Issuer shull promptly notify the Underwriters in writing of such event.
Any information supplied by the Issuer for inclusion in uny amendmcnts or supplemcnts
to the Preliminary or Final Official Statement will not contain any untruc or mislcading
statement of a matcrial fact relating to thc Issuer or omit to state any matcrial fact relating
to the Issuer necessary to make thc statcments thercin, hi the light of the circumstunces
under which they were made, not misleading.
(h) Neithcr thc adoption of the Rcsolution, thc cnactment of the Bond
Ordinance, the execution and dclivery of thc Series 2002 Bonds and the Financing
Documents, nor the consummation of thc tnmsactions contcmplated hcrcin or thercin or
the compliancc' with the provisions hercof or thcreof will connict with, or constitute on
. the part of the Issucr a violation of, or a breach of or defuult under, (i) uny stUlutc,
indcnture, mortgage, commitment, note' or othcr agrcement or instrument to which the
Issucr is a party or by which it is bound, (ii) any provision of the Statc Constitution or the
Act or (iii) any cxisting law, rulc, rcgulation, ordin~mcc, judgment, order 01' dccrce to
which the Issuer (or the members of the, or uny of its officers in their respective cupacitics
as such) is subjcct.
4
t~~>J.\':;,., ~ .:.:. " .., .
(i) Since December 31, 1975, the Issucl' hus not bccn in defuult nt any ti me as
to principal or interest with rcspect to uny obligation issued by the Issuer or with respect
'to any obligation guarantced by the lssuer; and other thun the Finuncing Documents the
Issuer has not entcrcd into any contract or arrangcmcnt of any kind which might givc rise
. to any lien' or encumbrance on the Pledged Funds.
.. ~ <
(j) Exccpt as is specifically disclosed in the Official Stutemcnt, there is no
. action, suitt procecding, inquiry or investigation, at law or in equity, before or by any
court, public board or body, pending ort to the best knowledge of the Issuer, threatened,
which in any way questions the powcrs of the Issucr rcfclTcd to in subsection (a) abovc,
or the validity of any proceeding taken by the Issuer in connection with, the issuance of
the Series 2002 Bonds, or wherein an unfavorable decision, ruling or finding could
materially adversely affe~t the transactions contemplated by this Purchase Agreement, or
of any other document or instrument required or contemplated by this l1nancing, or
which, in any way, could advcrsely affect the vulidity or enforceubility of the Ordinances,
the Series 2002 Bonds or the Financing Documents, or, to the knowledge of the Issuer, .
which in any way questions the exclusion from gross income of the rccipients thercof of
the intercst on the Series 2002 Bonds for federal income tax purposes or in any othcr way
questions the status of the Scries 2002 Bonds under fcderal or State tax laws or
regulations.
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(k) Any certificate signed by any official of the Issuer nnd delivered to the
Underwriters shall be deemed a representation nnd warranty by the Issuer to the
Underwriters as to the truth of the statements thercin contuined.
',.
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(I) The Issuer has not been notified of any listing or proposed listing by the
Internal Revenue Service to the effect that it is a bond issuer whose arbitrage
certifications may not be relied upon.
(m) The Issuer will not knowingly take or omit to take any action, which action
or omission will in any way cause the proceeds from the sale of the Series 2002 Bonds to
be applied in a manner other thun as provided in the Resolution or which would cause the
interest on the Series 2002 Bonds to be includable in gross income for federal income tax
purposes.
(n) The audited financial rcport of the Issuer for the fiscal year ended
September 3D, 200 I, included in the Official Staternentt prcsents fuirly the financial
position of the Issuer us of the date indicated and the rcsults of operations for the period
specified, and such financial report and statement has bcen prepared in conformity with
generally accepted accounting principles consistently applied in all material respects to
the period involved, except as otherwise stuted in the notes thereto, There has becn no
material change in the general affairs, manugemcnt, properties, finunciul position, or
results of operation of the Jssuel' since the date of such financial statement except as set
forth in the Final Official Statement.
5
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(0) Th~ Issuer has all necessary permits, licenses, uuthorizations to (i) conduct
its business us prcsently being conducted, (ii) opemte its facilities and (iii) consummate
all trtlnsactions contemplatcd by the Finuncing Documcnts and the Series 2002 Bonds,
und the Issuer will takc all actions nccessary to obtain, whcn required, all additional
. permits, licenses, approvals and authorizations ncccssary to operate its facilities and
perform its obligations under the Ordinances, Financing Documents and the Series 2002
Bonds.
5. Covenants of the Issuer. The Issucr covenants with the Underwritcrs as follows:
. (a) The Issuer will coopcmte with the Undcrwritcrs in qualifying the Series
2002 Bonds for offer and sale under the securities or Blue Sky laws of such jurisdictions
of the United States as the Undenvritcrs may request; provided, however, that thc Issuer
shall not be requircd to consent to suit or to service of process in any jUtisdiction. The
Issuer consents to the use by thc Underwriters in the course of its compliance with the
securities or Blue Sky laws ofthe documents rclating to the Series 2002 Bonds, subject to
the ~ght of the Issuer to withdraw such consent for cuusc by written notice to the
Underwriters,
(b) Prior to the carlier of (i) receipt of noticc from the Underwriters pursuant
to Section 3(c) hereof that the Final Official Statement is no longer required to be
delivered under the Rule or (ii) 90 days after the Closing, the Issucr shall provide the
Underwriters with such information rcgarding its current financial condition and ongoing
operations as the Issucr shall deem matcrial and such other infOlmation concerning the
Issucr as the Undcrwriters may rcasonably request.
6, Representations of the Underwriters. As an inducement to the Issuer to enter into
this Purchase Agreement, the Underwriters represent und warrant that the Series 2002 Bonds
purchased by the Underwriters will be offercd und sold by the Underwriters in accordance with
all state and federal laws applicable to the Underwriters, unless there is any violation of law
arising out of any misrepresentation or breach of covenunt by the Issuer, a termination under
Section 0 or the failure of a conditio~ under Section 9, The Underwriters have this day filed with
the Issuer a Disclosurc Statemcnt pursuant to Section 218,385(4), Floridu Statutcs, as amended, a
copy' of which is attachcd hereto as Exhibit D. The Underwriter arc authorized to execute und
deliver this Purchasc Agreement on behalf of the Undcrwriters and to net for the Underwriters as
contemplated hereby.
7, Closing and Delivery. On t 2002 or at such othcr timc and/or dute as
shall have been mutually agreed upon by thc Issuer and the Underwritcrs, the Issuer will delivcrt
or caUse to be delivered to DTC, for the account of the Underwritcrs, the Series 2002 Bonds, in
definitive form duly executed by the Issuer and uuthenticated by thc Registnlr utilizing the FAST
delivery system, togethcr with the othcr documcnts hercinufter mcntioned~ and the Underwriters
will accept such delivcry and pay the Purchasc Price of the Scries 2002 Bonds by dclivering to
Issuer a wire transfer in federal funds payable to the order of the Issuer.
6
li~.;"to"_,I:~~'~':\'~l:: ..:..~: .i~: JI
. ...... '."
The lictivitics relating to thc final execution llnd delivery of the Series 2002 Bonds and
the Fimmci"ng Documents und the paymcnt therefor und the delivcry of the certificates, opinions
und other instlUmcnts lls described in Section 9 of this Purchuse Agreement shall occur at the
officcs of in, Florida, or such other plucc as shall have been mutually
agreed upon by the Issucr, Paying Agcnt and Rcgistrar und thc Underwritcrs. Thc puymcnt for
the Serics 2002 Bonds and simultancous delivcry of thc Serics 2002 Bonds to thc Undcrwritcrs is
herein referred to as the "Closing", The Serics 2002 Bonds will be delivcrcd us definitive
registered Series 2002 Bonds in the denomination of $5,000 cach or any integral multiple thcreoft
and rcgistcred in such names and in such amounts as the Undcrwritcrs may request. The Series
2002 Bonds shall be made available to the Undcrwriters for inspection at least 48 hours prior to
the Closing,'
".
8. Termination of this Purchase Agi'cement. Thc Undcrwritcrs shall havc the right to
cancel its obligation to purchase thc Serics 2002 Bonds if bctwcen the dutc hcrcof and the date of
Closing:
(a) a temativc dccision with respcct to legislation shall be reacheod by a
committee of thc House of Representatives or the Senate of the Congress of the United
States, or legislation shall be favorably reported or rercported by such a committee or be
introduced, by amendment or otherwise, in or be passed by the House of Representatives
or the Senate, or recommended to the Congress of the United States for passage by the
Presidcnt of the United Statest or be enacted or a decision by a federal court of the United
States or the United States Tax Court shall have been rendered, or a ruling, release, order,
regulation or official statement by or on behalf of the Unitcd States Treasury Department,
the Internal Revenue Service or other governmental agency shall have been made or
proposed to be made having the purpose or effect, or any other action or event shall have.
, occurred which has the purpose or effect, directly or indirectly, of adversely affecting the
federal income tax consequences of owning the Series 2002 Bonds or of Dny of the
transactions contemplated in connection herewith,. including causing interest on the Seties
2002 Bonds to be included in gross income for purposes of federal income taxation, or
imposing federal income taxation upon revenues or other incomc of the general character
to be derived by the Issuer under the Financing Documents or similur documents 01' upon
interest received on obligations of the gcneral character of the Series 2002 Bonds, which,
in the opinion of the Underwriters, materially adversely affects the market price of or
market for the Series 2002 Bonds; or
(b) legislation shall have been enactedt or uctively considered for cnactment
with an effective date prior to the Closing, or u decision by u court of the United Stutes
shull have been rendered, the effect of which is that the Setics 2002 Bonds urc not exempt
from the registration, qualification or other requirements of the Securities Act of 1933, us
amended und us then in cffect, the Securitics Exchange Act of 1934, as umended and us
then in effect, or the Resolution, us amended and us then in effect; or
(c) a stop order, ruling, regulation or officiul stutement by the Securities und
Exchange Commission or uny other governmentul tlgency having jurisdiction of the
subject matter' shall have been issued or made Of any other evcnt occurs, the effect of
7
which is that the issuance, offering or sale of the Series 2002 Bonds, is or would be in
violution of any provision of the fedcrul securities laws, including thc Securitics Act of
1933, as amended and us then in effcct, thc Secwities Exchangc Act of 1934, us amendcd
und us thcn in effect as amended and as thcn in effcct; or
(d) any cvcnt shall havc occurred or allY information shall havc becomc
known to the UnderwIitcrs which causes the Underwriters to reasonably bclieve thut thc
Official Statemcnt as then amended or supplemented includes un untrue stutcment of a
matcrial fact, or omits to state any material fact necessary to make the statements therein,
in light of the circumstances under which they were made, not misleading; or .
(e) there shall have occurred any outbreak of hostilities or any national or
intcmational 'calamity or crisis, including a finandal crisis, the effect of which on the
financial markets of the United States is such as, in the reasonable judgment of the
Underwriters, would materially adversely affect the market for or market pricc of the
Series 2002 Bonds; or
(0 there shall be in force a general suspension of trading on the New York.
Stock Exchange, the effect of which on the financial markets of the Unitcd States is such
as, in the reasonable judgment of the Underwriters, would materially adversely affect the
market for or market price of the Series 2002 Bonds; or
(g) a general banking moratorium shall have been declared by federal, New
York or State authorities; or
(h) any proceeding shall be. pending or threatened by the Securities and
Exchange Commission against the Issuer; or
(i) additional material restrictions not in force as of the date hereof shall have
beett' imposed upon trading in securities generally by any governmental authority or by
, any national securities exchange; or
(D the New York Stock Exchange or other national securities exchange, or
any governmental authority, shall impose, as to the Series 2002 Bonds or obligations of
the general character of the Series 2002 Bonds, any material restrictions not now in force,
or increase materially those now in force, with respect to the extension of credit by, or the
charge to the net capital requirements or, Underwriters.
9. Conditions to the Underwriters's Obligation to Purchase the Series 2002 Bonds.
. Thc"obligations of the Underwriters to purchase the Series 2002 Bonds shall be subject (a) to the
performance by the Issuer of its obligations to be pcrformed hereunder at and prior to the
. Closing, (b) to the accuracy of the representations and warranties of the IsslIer herein as of the
date hcreof and as of the time of the Closing, and (c) to the following conditions, including thc
delivery by the lssuer of such documents as are enumerated herein in form and substunce
satisfal,;tory to Murchcna and Graham, P.A., counsel to the Undcrwriters, and to Bryant, Miller
und Olivc, P.A. as bond counsel ("Bond Counscl"):'
8
i
I'...' . ". ..'. .' " 'd"
. t . ~ \" l ' '" ~ . .. . '. .
s.~;:e1, .'. . '.~'" I ,~ ,.,.. , . .
(a) At the time of Closing, (i) the Official Statement und the Financing
Documents shall be in full force and effect and shall not have been amended, modified or
supplemented from the date hereof except as may have been agreed to in writing by the
Underwriters, (ii) the proceeds of the sale of the Serics 2002 Bonds shull be deposited and
applied as dcscribed in Section 2.3 of the Resolution and (iii) the Issuer shall have duly
adopted and there shall be in full force and effect such resolutions as, in the opinion of
Bond Counsel, shall be necessary in connection with the trunsactions contcmplated
hereby. .
(b). Receipt of executed Series' 2002 Bonds and Financing Documents at or
prior to the Closing, The tenns of the Series 2002 Bonds, as delivercd, shall in all
, instanccs be as described in the Final Official Statement.
(c) At or prior to the Closing, the Underwriters shall receive the following
documents in such number of counterparts us shall bc mutually agreeable to the
Underwriters und the Issuer: .
I'
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(i) A final approving OplJllOn of Bond Counsel dated the date of
~Iosing, in substantially the form set forth in the Official Statement.
(ii) A Letter of Bond Counsel addressed to the Underwriters and dated
the date of Closing, to the' effect that Bond Counsel's final approving opinion
referred to in Section 9(c)(i) hercof may be relied upon by the Underwriters to the
same extent as if such opinion were addressed to the Underwriters.
. , (iii) A supplemental opinion of Bond Counsel addressed to the
Underwriters and dated the date of Closing, in substantially the form set forth in
Exhibit (A).
(iv) An opinion, dated the date of the Closing and addressed to the Issuert
'of Nabors, Giblin & Nickerson, P.A., Disclosure Counsel, in fonn and substance
satisfactory to the Issuer, and a reliance letter pertaining thereto addressed to the
U nderwri ters,
I:
(v) An opinion of Counsel for the Issucr dated the date of Closing,
addressed to the Underwtiterst in substantially the form set forth in Exhibit B.
(vi) Memorunda from Counsel to the Underwriters addressed to the
. Underwriters indicating the jurisdictions in which the Series 2002 Bonds have
been qualified or exempted under the securities or !'Blue Sky" luws.
"
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(vii) An opinion of Counsel to the Underwriters in substantiully the
fonn set forth in Exhibit C hereto.
, ,
(viii) a Rule lSc2-12 Certificate with respect to the Preliminury Official
Statement.
9
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(ix) The Pinal Official Statcmcnt cxccuted on behalf of the Issuer by u
duly authorized officer.
(x) Certificd copies of all rcsolutions of the Issuer rclnting to the Series
2002 Bonds and app'J'Oving the execution and delivcry of thc Financing.
Documcnts and rchltcd documents.
(xi) Specimcn Serics 2002 Bonds.
(xii) A lettcr from Standard and Poor's and Fitch to thc cffect that the
Scrics 2002 Bonds huve becn assigned u ruting of no less thun uAAA", which
rating shall be in effect as of thc date of Closing.
(xiii) A letter from the Auditors in which conscnt is givcn to the use of
its reports on the financial statcments ~f the Issucr in the Official Statemcnt and to
the references made to the firm in the Official Statement.
','
(xiv) A certificate,. in fonn and substancc satisfactory to . the
Undcrwriters und its Counsel, of the Issuer or uny duly authorized officer or
official of the Issucr satisfactory to thc Underwriters and its Counsel, dated as of
the Closing Datet to the effect that: (1) each of the Issucrts reprcscntations,
warranties and covenants contained hcrein are tlUe and correct as of the Closing
Date as described in Section 7; (2) the Issuer has authorized, by all action
necessary under thc Act und the laws and Constitution of the State, the adoption
of the Resolution, the enactment of the Ordinances and thc execution, delivery
and due performance of the Series 2002 Bonds and the Financing Documents; (3)
no litigation is pending, or to the knowledge of the officer or official of the Issuer
signing the certificate after due investigation and inquiry threatened, to restrain or
enjoin the issuance or sale of the Series 2002 Bonds or in any way affecting any
authority for or the validity of the Resolution, the Ordinancest the Series 2002
Bonds or the Financing Documents; (4) the Series 2002 Bonds and the Financing
Documents, as executed by the Issuer, are in the form or in substantially the form
approved for such execution by appropriate proceedings of the Issuer; (5) since
September 30, 2001, there has not been any matcrial adverse change in the
properties, financial position or results of operations of the Issuert whethcr or not
arising from transactions in the ordinary course of business, other than as set forth
in the Official Statement; and since such datc the Issuer has not entered into any
transaction or incurred any debt or other liability material as to the Issuer, except
as set forth in the Official Statement; and (6) the infonnution contained in thc
"Official Statement relating to the Issuer, its activities, propelties and financial
. condition" is true and correct in all material respects und docs not contain any
.untrue or incorrect statement of a material fact and does not omit to state u
material fact necessary in order 10 make the statements made therein, in light of
the circumstances under which they were made, not misleading.
,
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10
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" ,"
(x v) Evidence thut Federal Form S038RQ has been exccutcd by the
Issucr and riled with the Intcmul Revcnue Scrvicc,
(xvi) A copy of a customary "non-arbitrugc certificatc/' in form prcparcd
by and acceptablc to Bond Counscl, datcd thc Closing Datc and cxecuted by the
Issuer.
(xvii) Evidcnce that Form BF2003/2004 has bccn exccutcd by the Issuer
and filed with thc Florida Division of Bond Finance,
(xviii) A copy of a requcst and authorization to thc Registrar to
authcnticatc and deli vcr thc Scries 2002 Bonds,
(xix) A customary authorization and incumbency closing ccrtificate
signed by authorized officcrs of the Issuer.
(xx) Evidence of both the Municipal Bond Insurance Policy for thc
Series 2002 Bonds und the Reserve Account Insurancc Policy.
(xxi) Such additional legal opmlons, certificates, pTl,x:eedings,
instruments and other documents as Counsel to the Underwl;ters, Bond Counscl
or Counsel to the Issucr may rcasonably rcqucst to cvidcnce 'compliancc by the
Issuer with legal rcquircments, the truth and accuracy, as of the timc of Closing,
. of the respective representations of the Issuer hcrcin contained and the due
,performancc or satisfaction by the Issuer at or prior to such time of all agrcements
then to be pcrfonned and all conditions thcn to bc satisfied by the Issuer.
,.{
If the Issuer shall be unablc to satisfy the conditions to the obligations of the Underwriters
contained in tl~is Purchase Agrcement, or if the obligations of thc Underwriters to purchase and
accept deli very of the Series 2002 Bonds shall be terminated for any rcason pcrmitted by this
Purchase Agreement, this Purchase Agreement shall tcrminate und neithcr the Undcrwriters nor
the Issuer shall be under furthcr obligation hereundcr; except that the respective obligations to
pay expenses, us provided in Section 14 hereoft shall continue in full force and effect.
10. Conditions to Obligations of the Issuer. The obligations of the Issuer hcreunder
arc subject to the performance by the Underwritcrs of its obligations hereunder.
11, Survival of Representations and Warranties. All representations, warranties and
agreements of the Issucr shall rcmain operative und in full force and effect, regardless of any
investigations mude by or on behalf of the Underwritcrs and shall survive the Closing. The
obligations of the Issuer under Section 12 hereof shall survi ve any tcrmination of this Purchase
Agrccment by the Underwriters pursuant to thc terms hereof.
. 12.' Costs and Expenses. The Issuer will payor cause to bc paid all reasonuble
expenses incident to the performance of its obligations under this Purchase Agreemcnt,
including, but not limited to, mailing or delivery of the Series 2002 Bonds; costs of printing the
Series 2002 Bonds, the Preliminary and Pinal Official Statements and uny amendment or
11
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. i
supplement to the Preliminary OJ' Final Orriciul Statement; fecs amI disbursemcnts of Bond
Counsel und Issuer's counsel; fees and expenses or thc Auditors; any fees churgcd by ruting
ugcncics for the rating of the Series 2002 Bonds; fees of the Registrar and Paying Agcnt or
dissemination agent fees; and fees incurred in connection with thc qualificution of the Series
2002 Bonds for sule under the securities or "Bluc Sky" laws of thc various jurisdictions and the
prcparationof "Blue Sky" memornndn, In the event this Purchase Agrccment shull tcrminate
bccuusc of the default of thc Underwriters, the Issucr will, ncvcrthclesst pay, or cause to be paid,
all of thc expcnses specified abovc; however, the Issucr may bring whatcver legal actions it may
have against the UnderWritcrs to recovcr such costs and for damages, if any. Thc Underwriters
shall pay ull advertising expcnscs in connection with the public offering of the Series 2002
Bonqs, and all other expenses incurrcd by it in connection with the public offering and
. distribution of thc Series 2002 Bonds, including the fces and disburscments of Counsel to the
Underwriters. If the Issuer dcfaults undcr this Purchase Agreement, the Underwritcrs may bring
whatever legal action it.may have against the Issuer to recovcr damages, if any, incul1'ed by it.
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13.' . Notice. Any notice or other communication to be givcn to the Issuer under this
Purchuse Agreement may be given by delivering the same in writing at the . address set forth
above, and any notice or other communication to be given to the Undcrwriters undcr this
,Purchase Agreement may be given by delivering thc same in writing to UES PaincWebber Inc.,
200 South Orange Avenue, Suitc 2200, Orlando, Floridut 32801, Attention: NOIman Pellegrilli,
~anaging Director. .
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14. Applicability. This Purchasc Agreement is made solely for the benefit of the
Issucr and the Underwriters (including the succcssors 01' assigns of the Underwriters) and no
other pcrson, including uny purchaser of thc Series 2002 Bonds, shall acquirc or have any right
hereunder or by virtue hereof.
15. Choice of Law. This Purchase Agreement shall be govemed by and construed in
accordance with the' laws of the State of Florida.
16, Effective Date. This Plirchase Agreement shall become effective upon your
mutu'al acceptance hereof.
Very truly yours,
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UBS PaineWebber Inc,
Sulomon Smith Barney Inc.
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By: UBS PuincWebber fnc,
By:
Norman Pellegrini, Managing Director
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Accepted and agreed to as of
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Attest:
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City Attorney'
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'Undcl'wrlll.!l's's CtHlI1Sl'I Of)llllulI
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City of .Clcal"wUlcr, f'luriuu
Clearwutcr, Floridu .
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Orlando, Florida
Re: $ City of CICUI'WHtCl', Flllritlu, Revenuc Bund~ (Spring '~rnining
Fucility) Series 2002. .
Deur Ladies und GctltlcmcIl:
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We have ucted as Counsel to UBS Puinc\Vcbbcr'lnc, (the "Undcrwriters") in.connection
, with its purchuse of the above-captioncd honus (the "Series 2002 Bonds"), (1ufslIunt to n Bond
Purchase Agrcemqnt dutcu _, 2002 (thc ,"Pul'chnsc Agrecmcnt"), by und between the
City of Clcurwuter, Florit.lll' (thc "Issucr") llnd the Underwriters. The tcrms denned in the
Purchase Agreement arc lIsed in this lelter with I.hc mClIllings nssigned them in the Purchase
Agreement
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We havc pUl1icipUII:d In the pn:pUl'lItlull unu revicw of the Purchusc Agreement. thc
Resolution. und thc Continuing DlscloslIIc Agrecmcnt. We ulso participnted in thc prepurntion
and reviewal' the Prcliminnry Ornciul Stlltcmcnt diltcd , 2002 (the "Prcliminary
Officiul Sultemcntlt) und the Olliclnl Stulemcnt dllted , 2002 (the "Pinul Official
StatementU and, togethcr with the Preliminllry Ol'flciul Stutcmcnt, the "Ornelul StuteillcntU)
rclllting to thc Serics 2002 Bonds. Wc 1111\'c cUl1fcrrcll wilh nnt! reviewed thc opinions rendered
by Bond Counscl, counscl fOl' thc Issuer Hnt! counsel for the Bank; we havc confelTcd with
uccountunts for the Issucr nnd certnin uf the Issuer's officers; allll we have ulso exumincd such
other documents, proceedings, cnrpurutc rccort.ls Ilnd othcr instruments as we have decmed
neccssary or udvisnble for the purpose of this opilllon,
Bused upon the fOl'egoing, we ure of the opinion thllt:
I. Ncithcr the purchnse of the Series 2002 Bonus by the Undenvritel:s nor thc resalc of
the Series 2002 Bonus by Ihe Underwritcrs tlnhe public requires lhut the Series 2002 Bonds bc
registered under the Securities Act of 1933, u:; ull1endcd.
2. We llI'C not pussing upon, nnd llssumc no rcsponsibility for, the uccuracy,
completeness or CuI mess or the stlltclllcnls contuined in the Officiul Statement. During the
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preparation of. the Official Statementt howevcrt we examined various document's und othcr
papers, u'nd participated in confcrcnces with your representativcs und counsel, with bond counsel,
with representutives of thc' Bank and its counsel, nnd with representatives of thc independent
, public accountants for the Issucr. ut wllich confcrcnces the con'tents of the Officiul Statement und
relatcd matters wcre discussed. \Ve' have also examincd thc certificates and other documents
. de1iver~d at Closing. On the basis of the foregoing, but without independcnt vClification of .
factual matters, nothing has comc to our attention that would lead us to believe that the Offic,ial
Statement contains any untrue statement of matcrial fact or omits to statc any material, fact
required to be stated therein or necessary to make the statements therein, in light of the
circumstances under which they werc made, not misleuding~ Wc express no opiniont howevert
as to thc.'ability of the Issue~ to comply with the terms and provisions of Resolution, nordo we
express any opinion as to any financial or statistical infommtiori included in the Officiul
Statement.
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MARCHENA AND qRAHAMt PA.
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EXHIBIT J)
Disclosure and Truth-ill-Bonding Statement
Junc 14,2002
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Re: $ City of Cleanvatcr, Florida Revenue Bonds, (Spring Training Facility)
Series 2002
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City of Cleanvatert Florida
C1eanvater, Florida
Ladies and Gentlemen:
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In connection with the proposed issuunce by the City of Clearwater, Florida (the "Issucr")
of the above~referenced bonds (the "Bonds"), UBS PaineWebbet' Inc, (thc "Undcrwriters") has
ugreed to purchase the Bonds upon the terms and conditions set forth in the Bond Purchase
Agreement datcd , 2002, between the Issuer and the Undcrwriters.
, '
The' purpose of this lettcr is to furnish to the Issuer ccrtain information in connection with
the offer and sale of the Bonds, pursuant to the provisions of Section 218,385, Florida Statutest
us nmended,Pursuallt to Section 218.385, Florida Statutes, as amended, thc Undenvriters
provide the following information:
1. The nature and estimated amount of expenses to be incurrcd by the Underwriters in
connection with the purchase and offering of the Bonds arc set forth in Schedule 1
attuched hereto.
2. No person has entered into an undcrstanding with the Undcrwriters, or to the knowledge
of the Underwriters, with the Issuer, for any paid or promised compcnsation or vuluablc
consideration, directly or indirectly, exprcssly or implicitly, to act solely as an
intermediary betwccn thc Issuer and the Underwriters or toexcrcise or to, attempt to
exercise any innucncc to cffect any trunsuction in connection with the purchasc of thc
Bonds. .
3. The underwriting spread (the diffcrence bctwecn the price ut which the Bonds will be
initially offered to the public by the Underwritcrs und the purchasc pricc to be puid to the
Issuer for the Bonds, cxclusive of accrued intercst) will be $
4. As part of thc estimated underwriting sprcud set forth in puragraph 3 ubovc, the
, Underwriters will charge a management'fce of $0.
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5. No fcc, bonus or othcr COmlJCnsut!on will be puid by the Underwdtcl's in conncction with
the issuancc of thc Bonds. to any person not regularly cmployed or rctuined by the
Underwriters (fncludcd any "finder,t' as defined in Section 218.386( I )(0), Florida
Stututest as amended), except as disclosed us expenses to be incurrcd by the Undcrwritcrs,
as set forth in paragraph 1 above.
. 6. ,The name and address of the Undcrwriters is:
UBSPaincWebber Inc.
200 South Orange A vcnuc
'Suite 2200
Orlando, Florida 32801
. Attention: Norman Pellegrini
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: 7. , The Issuer is proposing to issue the Bonds for the purpose of providing funds, sufficient
together with the other available moneys, to (i) , (ii) (Hi)
8. The Bonds are expected to be repaid over a period of approximately _ years. Total
interest paid over the life of the Bonds is expected to be $
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9. The source of repayment or security for the Bonds consists of the Issuer's Plcdge~
Revenues. and certain other revenues and proceeds under the terms of the Resolution
dated as of ,2002. Authorization of the Bonds will not result in any adverse
change in the amount of moneys available to the Issuer to fimmce other services of the
Issuer. ,
The foregoing statements are provided for information purposes only and shall not affect
or control the actual terms and conditions of the Bonds.
, We understand that you do not require any further disclosure from the Underwriters
pursuant to Section 218.385, Florida Statutes, as amended,
Very truly yourst
UBS PuineWcbber Inc.
By:,
Norman Pellegrini, Managing Director
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SCHEDULE 1
Underwritcrsts Expenses
$
. City of Clearwater, Florida Revenue Bonds (Spring Training Facility)
Series 2002
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Underwliterst s Discount
$/1000
Amount
, " Underwriters's Counsel Fee
BMAFee "
DALCOMP Fee,
Interest on Day Loan
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CUSIP Fee
Travel and Out-of-P,?cket Expenses
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. EXHIBIT E
Descril)tion of the SerIes 2002 B.omIs
$
.CITY OF CLEARWATER, FLORIDA
REVENUE BONDS (Spring Training Fucility)
. . SERIES 2002
Maturity Schc~ulc
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FORM OF PRELIMINARY OFFICIAL STATEMENT
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NEW ISSUE - nOOK.ENTln' ONLY IlRtln~s: SIRndnrd & ('uor's:_
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Il\JBIA Insured)
S~I! "RATINGS" herein
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11/J, 1'1",101. S'.',,'n.'" "",,,,0/,01, S" "TA.\' f:.'lf:,\II'TIVS" A",I"/,,, /",.A" /"/.,...."",,.
$15,500,000*
CITY OF CLEAR\V A TER, FLORIDA
Revenue Bonds
(Spring Training Facility)
Series 2002
1I.I.dl S'rl.mb.r 1,1P01
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Th. Clfy "rCk."..,." Flond'llht"Cny"J ,,;..UII1, iloRe..,,", Uund& (S"f,"~ TI.ini.~ f..,lityl, s..... 2oo~ (lh, 'S'''OI 2002 Uonds"J, In roily reall,cred rom,
In d.num,..llon. or U,OOO plln.'pll .mounl.f .ny ;lIt....' nwJr,ol.. lh.reor, 1.1.,... on th. ScrledOO2 Uoodsll"oy.bl. un Oelo~e' 1,2001 .ndo.nd.nnu.lly Ihcr..n..
.....eh o',,"!I.nd [kloht, I, h)' ,heck 0' dnn.r W,lI, r..,oli.nl, Iohnn..""h., No'. , M,nncspuli.,MIn".."I..lh.OUlldR..I.tfOundl'.yin,o'8.nl.m.deo.',ndm.U.d
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Th. S<U<I 2002 """do '1< b.lnllll.lued by Ih. C,ty ILl """,d. rundo.lu;elhel "',Ih otht, ....,l.bl. runds, 10 (I) !In.ore . ....l1lon .rlh. .0.' oflh. uquislliulI.
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lIiscuuion of Ihe lcrrns :lIll! pro\'isioM
INSURANC!l" hcn:in,
MiliA h15unmcc CerporJliun ("MiliA") Ie issue a municipal rond
the principal of, ami in!cn:sl en, 11Ie Scric~ 2002 Uenlls, \\ hen due,
M ~uch pelley, Ineludinll the limitations lhereof, see "MUNICII'AL
imurnn~c
For a
UUND
MBIA
MATUIUTY SCHEDULE
(See inside cover page)
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CITY OF CLEAR\VATER, FLORIDA
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ELECTED OFFICIALS
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MAYOR - COMMISSIONER
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. Brian 1. AWlgst, Sr.
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COMMISSIONERS
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Fmnk. Hibbard.
Hoyt Hamilton . '
Whitney Gmy
Bill Jonson
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APPOINTED OFFIClALS
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William B. Horne, II, City Manager
. Pamela K. Akin, Esq., City Attorncy
. Margaret L. Simmons, CPA, Financc Director.
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BOND COUNSEL
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Bryant, Miller and Olive, P.A.
. Tallahasscc; Florida
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FINANCIAL ADVISOR
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Banc of Amcrica SecUl11ics LLC
Clcarwatc::r, Florida'
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. REGISTRAR AND PAYING AGENT
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Wells Fargo Bunk, Minneapolis, NA
Minneapolis, Minl1~sola
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No dealer, brokcr, salesman or olher person has been authorized by the cilyorlhc Unucrwrilers
to givc any infonnalion or to make any rcprescnlalions with respect to the Series 2002 Bonds olher lhan
that contained in this Official Statemcnt, nJld, ifgivenor made, such infonnationor representations l11lL'ill1ot
be relied upon as having been authorizcd by any of the foregoing. 111is Official Stalcmcnl docs not
eonstitute an offer to sell or a solicitation of un offcr to buy, nor sltalllhcrc be any salc of lite Scries 2002
Bonds by any pcrson in any jurisdiction in which it l'i tUllawfitl for such person 10 make such offer,
solicitation or sale.
Thc infonnation set forth herein has been oblained from the City, MBlA, DTe and other sources
which are believed to be reliable, but is not b1l.mrnntced as to accurncy or compleleness by, and is not to
be constmed as a representation by, the Pi Undcnvriters. TI1C infonnatioll pertaining to municipal
bond ,insurance and the Reserve FWld Policy (as dcfined herein) and the book-cntry only syslcm has becn
supplied by MBIA and DTC, respectively, and is likewise not to be conslrued as a represcntation of the
City or the Pi Undcn\ntcrs. Thc infonnation and cxpressions of opinion conlaineu herein arc subject
to change without notice and neilher the ~eJivery of this Omcial Statemcnt nor any sale made herclmder
shall undcr any circumstances crealc any ilnplication that there has been no change in the infonnation or
opinions sel forth herein afier the date ofthis Official Statement.
". ,
THE SERIES 2002 BONDS HAVE NOT BEEN' REGISTERED WITH THE
SECURITIES AND EXCHANGE COMMISSION UNDER THE SECURITIES ACT OF
1933, AS AMENDED, NOR HAS THE INDENTURE BEEN QUALIFIED UNDER THE
INDENTURE ACT OF 1939, AS AMENDED, IN RELIANCE UPON EXEMPTIONS
CONTAINED IN SUCH ACTS. THE REGISTRATION OR QUALIFICATION OF THE
SERIES 2002 BONDS IN ACCORDANCE \'1ITH APPLICABLE PROVISIONS OF THE
SECURITIES LA\VS OF THE STATES, IF ANY, IN \VUleH THE SERIES 2002 BONDS
HAVE BEEN REGISTERED OR QUALIFmD AND THE EXEMPTION FROM
REGISTRATION OR QUALIFICATION IN CERTAIN OTHER STATES C~OT BE
REGARDED AS A RECOMMENDATION THEREOF. NEITHER THESE STATES NOR
ANY OF THEIR AGENCIES HAVE PASSED UPON THE MERITS OF THE SERIES
2002 BONDS OR THE ACCURACY OR COMPLETENESS OF THIS OFFICIAL
STATEMENT. ANY REPRESENTATIONS TO THE CONTRARY MAYBE A CIUMINAL
OFFENSE.
. IN CO~ECTION \VITH THE OFFERING OF THE SERIES 2002 BONDS, THE
UNDERWRITERS MAY OVERALLOT OR EFFECT TRANSACTIONS THAT
STABILIZE OR MAINTAIN THE MARKET PRICE OF THE SERIES 2002 BONDS AT
A LEVEL ABOVE THAT \VHICH MIGHT OTHER\VISE PREVAIL IN THE OPEN
MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT
ANY TIME.
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TABLE OF CONTENTS
Pnge
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INTRODUCTION .. iI .. . . . . . ill III .. iI .. Ii III . . ill . II- III . . ... . I .. . . ill , . , .. , . , . . .. 01 . -I- III '" .. ill . .. . . . . . . .. . . . . I
PURPOSEOFTHRSERIES 2002 BONDS.......... ,'. '.'.........:...... .......:.., {4Z
DESCRIPTION OF THE SERIES 2002 BONDS ..,............,........ '. . . . .' . . , . . . . . 2
Gencml III" III .. .. . III . .. ill ill . .. . ill . . .. . ... Ii . . . , Ii . III . .. . . . , ... . .. . . ill . III '. . '" ill ill . .. . . .. , f .. . .. .. .. . ... .. . . 2
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Book....Entry- Only Systcln . . .. . .. . . . . .. . Ii . '" III . III . ,.. . . .. III ill . .. ill I III I . . . . . . .. . , . . of . . . . . ... III . . 2
OptioIlaI Redelnption . .. I . . ill ... I . .. . , .. . . , .. . . . . .. ill ... . . . T. . 01 . .. . . .. ~ ill .. . +' I. ill III . III ill . . ill . . ... ... ill 3
MWldatOty Redemption . . . . .. it ... ill " . . III .. .. .. ~ ... . III . . . . ... It .. I . . . III . . . . c + . . . . "f .. . ... . .. . . . . .. . 3
Notice of Redemption I I " ... . . . . I . .' ill " ill , ~ . .. '.'" . . .. I . . ... ... . .. ill . . III III . I III . ... I t... III .. III .. t,' .. . . . 4
Registration, Transfer, and Exehange ..................... '. . . . . . . . . . . . . . . '.' . . . . 5
SECURITY FOR THE SERIES 2002 BONDS. . . .. .. .. . . . . .... . . .. .... . . . . .. .... . '.. .. . 5
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.Pledged Revenues ... I , .. . 'f . .', , ... ill ',' . . . ~ . . . , . . Ii It .. It .. .. ~ .. .. .. .. f t .. .. .. . '.7 ' . . , '. . .. , , .. .. 5.
. LirIlitcd ObligatiotlS .. Ii . .. . . . .. . . .. It .. .. .. .. .. .. .. . .. . .. . .. . .. . . .. . '.. .. , .. . . .. . Ii . .. .. . Ii . II . . -Ii It .. It . 6
State Payments ,........................',.......... of .. . -Ii .. . . . it .. 'Ii Ii .. 01- , , .. , .. .. .. .. , .. .. . .. '.. .. .. , . .. , .. 6
PineUas Coooly {4 Payments ..........................,....,................ 11
ReseI"\'e ACCOWlt .,......,..". 4- .. . .. .. , .. . . , .. . II .. Ii , ..', .. .. , .. . .. .. .. , .. . .. .. .. .. , . .. . . . .. I . .. , 13 '
Flow of Foods .. . . . . . . . . . . . . . . . . . . . '. . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . ~ 14
l J-,
, Mll!licipal Bond Insurance ............................"....................... 16
Parity" Bonds ., ~ .. , . . . . .. II . . ..... , . .. , Ii to Ii 'II ~ t .. .. .. .. .. .. , I .. .. . .. .. . , , .. , , .. , . . .. .. , .' , .. , .. . . . 16
MUNICIPAL BOND INSURANCE ................................................ 16
Riuhts Granted Il1surer.. . .. . .. .. . . . .. .. .. .. . .. . .. .. .. . .. .. .. .. .. Ii . 11 11 .. .. .. .. .. .. . I- It .. .. .. I- .. .. .. .. .. . .. .. 20
ESTIMATED SOURCES AND USES OF FUNDS . . . '. .. . .. , .. .. . ~ .. .. .. . .. .. . . . .. {4 n
DEBT SERVICE SCHEDULE ................................................. ~ 11
SPRING TRAINING FACILITY ...... .. . . . .. . .. . .. .. . . .. . . . . . . .. . . .. .. .. .. . .. fAi II
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~ TAX EXEMPTION .. .. .. .. .. ... .. . .. .. .. . .. .. . .. .. .. .. .. .. .. . . .. . .. . .. . .. .. .. .. .. .. .. 11 .. Ii 11 II . .. .. .. . .. I- .. .. .. .. .. .. .. 24
, ,
Federal Income Tax Matters ........................,.................... f4 ~
TaX Treatment of Original Issue DisCOWll ................................... fAi ~
Florida Tax Matters . . . . . . .. I- . . .. .. .. .. it .. .. .. . .. .. .. , .. I- , .. .. .. . . , . . . .. it Ii . . . .. it Ii .. .. .. Ii to .. .. ~ 1.!! .
FINANCIAL S1"A TEMENTS .................................................. 26
INVE-STM'ENT POLICY .. . .. .. . .. .. . .. 11 .. .. Ii .. .. . .. ~ .. . .. .. .. .. .. .. .. .. .. II .. II .. .. .. .. .. .. .. .. .. .. .. 11 . .. .. .. .. . .. .. .. .. 26
L1T(GA TION ........ Ii . .. .. .. .. , . .. .. .. .. .. .. . It- .. .. .. .. .. .. .. .. II .. ... It .. .. .. .. . .. .. .. .. 11 , . .. , . .. . .. Ii- .. Ii .. .. iii '\ .. Ii .. . .. 27
RATINGS 1-.. ~ .. .. .. .. .. .. .. .. .. ., .. .. .. .. .. .. .. .. .. .. It . .. .. .. .. It .. -II .. .. . .. .. .. .. .. .. .. ., .. .. .. .. .. 11 .. .. Ii Ii -II .. .. .. . .. .... . .. . .. .. 27
UNDERWRITING. .. . .. .. .. .. .. .. . .. .. .. .. ~ . .. II . .. .. .. .. ., .. .. .. .. ., .. .. .. Ii Ii .. .. .. .. .. .. . .. .. . .. .. . 11 .. I- .. I- .. .. ., .. .. ., .. 28
FINANCIAL ADVISOR ...................................................... 28
LEGAl" OPINIONS ........................................................... 28
ENFORCEABILITY OF REMEDIES ..,..................................... ~ . t4lH
f4 DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS ..........: t412 .
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ADVISORS AND CONSULTANTS .. . . " , ,', . . , . . . , , . , .'. : . . ': , . , . . . , . , . . . .~ . .:. ~ .' . ~ 12
CONTINUING DISCLOSURE :: .'. , . . . . . . , . . , . . . . . , . . . . . . , , . , , . . . , , , , . . . . , . . . : ~ 3.ll
CERTIFICATE CONCERNING OFFICIAL STATEMENT....., " , . . , , ,.. ... ., ,... f4 Jft
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. fA) MISCELLANEOUS .,..,....."" ,:.'. .'. . . , , , . , . . ; . . . . . . , , . ... . . . , , .. , .... . . . fi ~ '
,APPENDICES:
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APPENDIX A~
A~PENDIX~-. .
APPENDIX c-'
APPENDIX D -
APPENDIX E -
APPENDIX F -
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, GENERALINFORMA TION REGARDING THE CITY
FQ~M OF BOND COUNSEL OPINION.
THE ORDINANCE
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THE INTERLOCAL AGREEMENT
SPECIMEN BOND INSURANCE POLICY
FORM OF CONTINUING DISCLOSURE CERTIFICATE'
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$15,50.0.,0.0.0..
CITY'OF CLEAR\VATEI~, FLORIDA
REVENUE BONDS
(SPRING TRAINING FACILITY)
SERIES 200.2
INTRODUCTION
, This Official Statement, which includes the cover page and appendices hereto, provides certain
information relating to the sale by City of Clearwater, Florida (the ItCity"), of its $15,500,000* Revenue
. Bonds (Spring Training Facility), Series 2002 (the uSerics 2002 Bonds"), The Series 2002 Bonds are
being issued'pursuant to Chapter 166, Part II, Florida Statutes, City Home Rule Ordinanee 6675-01,
enacted January 18,2001, as amended by Ordinance 6854-01 enacted on September 6,2001 and
Ordinance 70 16~02 enacted 011 August 22, 2002 (lhe "0rdinanccll), as may be further amended and
supplemented, and other applicable provisions of law (collectively the "Actll), and City of Clearwater
Resolution No, 02-43, adopted August 22, 2002, as amended and supplemented (the "Resolution"),
. l11c Series 2002 Bonds arc limiled obligations of Cily of Clearwater, Florida, payable by the City
from and secured by a lien upon and plcdge of the Pledgcd Revenues (as described herein) including
a1noWlts on deposit in the [unds and accounts established tmder the Ordinance (other than the Rebate
'Fund), all as described herein.
Neither the City, Pinellas County, Florida, the State of Florida nor any political
subdivision thereof has pledged its faith or credit or taxing pmlCr to the payment of the
Series 20.0.2 Bonds. No holder of the SCl'ics 20.0.2 Bonds shall ever have the right to
compel the exercise of any ad valorem taxing power of the City or taxation in any form
of any real property therein to pay the Series 20.0.2 Bonds or the interest due thereon
nor be entitled' to payment of the Series 20.0.2 Bonds from any funds of the City except
as described herein.
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The references, excelpts and SWrunar1CS of all documcnts rcfcrrcd to herein do not purport to be
comp~ete statements of the provisions of such documents, and arc made subjcct to all of lhe detailed
provisions of such docUments, to which rcfcrence is directed for full and complete slalements ofalJ matters
relating to lite Ordinance, the Scrics 2002 Bonds, the security for the payment of the Series 2002 Bonds
. and rights and obligalions ofthe holders of the Series 2002 Bonds, Capitalized tenns used but not defined
herein have I.he same meaning as in the Ordinance unless the contcxt. would indicate olhcrwisc, A copy
oflhe Ordinancc is attached hcrelo as Appcndix C,
· Prciiminary, subjeet to changc.
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PURPOSE OF THE SERIES 2002 BONDS
111e Series 2002 Bonds are being issued by the City to provide Ihnds, together with olher available
funds, to (i) finance a portion of the C051 orncquisition and expansionofa spring training facility to be used
by lhc Philadelphia Phillics major Icagu~ baseball team; (ii) pay a premium for a municipal bond insurance
policy and a debt service rescrve account surcty bond, and (Hi) pay certain cosls and expcnses incurred
~n cOlUlcction with thc issuance oqhe Series 2002 Bonds, all as more particularly dcscribed herein.
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. DESCRIPTION OF THE SERIES 2002 BONDS
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General
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The Series 2002 Bonds will be dated September I, 2002t and will bear interest from such date
at thcmtes per annum as set forth on thc cover page hereof, payable on April 1, 2003t and semiannually
thereafter on each April ,I and Octo~er I aryd will mature on April I in the years and principal amounts ~
set forth on the cover page hereof,
I,
, The Series 2002 Bonds will be initially issued in lhe fonn of a single fully regislcred Bond for each
malurity ofthe Series 2002 Bonds, Upon initial issuance, the ownership of each such Series 2002 Bonds,
will be regislered in the registration books kept by; the Bond Registrar, in the name ofCcde & Co",as
nominee of The Depository Trust Company, New York, New York ('IDTC"), \Vhile held in
book-entry form, all payments of principal, interest and premium, if any, on the Series
2002 Bonds will be made to DTC 01' the DTC Nominee as the sole registered owner of
the Series 2002 Bonds and payments to Beneficial Owners will be the responsibility of
DTC and the DTC Participants as described below. See lIBook-Entry Only System,"
Book-Entry Only System
"
. With respect 10 Series 2002 Bonds regislered in the name of Cede 8!- Co., as nominee ofDTC,
neither the Cityt nor the Paying Agcnt will have any responsibility or obligation to any DTC Participant or
to any indireet DTC Participant. See IIBook-Entry Only Sysleml1 for thc defmition ofllDTC Participant."
Without limiting the immediately preceding sentcncct ncitherthe Citynorthe Bond Registrar and the Paying
Agent will have any responsibilityorobligalionwith r~s'pcct to: (i) the accuracy of the records ofDTC or
any DTC Participant with respect to any ownership interest in the Serics 2002 Bonds; (ii) the delivery to
any DTC Participant or any othcr person othcr thana registered owner, as shown in the registratiol1 books
kept by the Bond Registrar, of any notice with respect to the Serics 2002 Bonds, including any notice of
redemption; or (ill) thc payment to any DTC Participant or any othcr person', othcrthana rcgistcrcd owner,
as shown in the registration books kept by the Bond Regislrar, of any amount with respect to principal of,
premiwn, ifanYt or interest on the Series 2002 Bonds. The City, the Bond Rcgislrar and the Paying Agent
may treat and consider the person in whose name cach Serics 2002 Bonds is registcred in thc registration
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books kept by the Bond Registrar as thc holder and absolute owner of such Bond (or the purpose of
payment of principal of, premiwn, if any, and intcrest with respcct 10 such Bond, for the purpose ofgiving
" nolices of redemption and other matters with rcspccllo such Bond, for the purpose of reg isle ring transfers
with respect 10 such Bond, and for all other purposes whatsoever. The Paying Agent will pay all principal
of, premiwn, ifnny, and intcrest on the Serics 2002 Bonds only to or upon the ordcr of the respective
registered owners, as shown in the registration books kept by the Bond Regislmr, or their rcspeclive
attorneys duly authorized in writing, as provided in the Ordinance, and all such payments will be valid and
~ffectual to satisfY and discharge the City's obligations wilh respect to payment of principal of, premium,
if any, and interest on the Series 2002 Bonds to the cxtent of lhe sums so paid, No person other than a
. registered owner, as shown in the registration books kept by the Bond Registrar, will receive a certificated
Bond evidencing the obligalionofthe City to make payments of principal of, premiwn, ifnny, and interest
on the Series 200,2 Bonds pursuant to the provisions of the Ordinance,
Optiomil Redemption
The Series 2002 Bonds stated to mature on or prior to April 1, , shan not be subjeet to
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redemption prior to their respective dates ofmatwity, The Scries 2002 Bonds statcd to mature on or after
April I, , are subject to rcdemption at the oplion of the City in whole or, from time to time, in part, on
April I, , or on any date thereafter al thc rcspective redemption prices set forth below expressed as
percentages of the principal amowlt to be redeemed, plus interest accrued to the date of redemption.
Redemption Period
Redemption Price
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April I,
April 1,
April I,
April 1,
through March 30,
through March 30,
through March 30,
and thereafter
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If fewer than all of the Series 2002 Bonds are 10 be so rcdeemed, the City may select the malurity
or maturities to be redeemed. If fewer than all 0 fthe Scries 2002 Bonds of any pmticular maturity are to
be redeeme,d, the Bond Registmr will select by lot lhe particular Series 2002 Bonds or portions of Series
2002 Bonds of such malurity to be redeemed, The portion of any Series 2002 Bond of a denomination.
rifmore than $5,000 to be redeemed will be in the principal amount of$5,000 or un intcgml multiple of that
sum.
Mandatory Redemption
If
, ' The Series' 2002 Tcnn Bonds Slated to mature on April 1, ( ], are subject to l11~lI1datory ,
redemption by lot prior to maturity in such manner as shall be detcnnincd by lhc Bond Registrar, by
operation ofthe ,Bond Amortizntion Account, in lhe years and amounts set forth below al a price equal to
100% of principal wnount plus inlerest acerued 10 the redemption date.
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the'Yeor
PrinciPlll
Amount
... MaturitY date
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The Series 2002 Term Bonds stated to mature on April 1, [ ] are subjecl to mandatory
redemption by ,lot prior to maturity in such manner as shall be detcrmined by the Bond Registrar, by
opemtion' of the Bond Amortization Account, in lhe years and amounis set forth below at a price equal to
"100% of principa) amount plus interest accrued to the redcinption dale, '
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'The City may apply moneys in the ,Bond Amortization Account to the purchase of Series 2002
Bonds subject' to mandatoryredemption(the tlSeries2002 TennBondstl) at prices not greater than par plus
accrued interest and apply the principal amount of any Series 2002 Tenn Bonds so pUrchased as a credit
against and in fulfillment ofamOltization instalhnenl<; required on the Series 2002 TermBonds of the same
maturity. lfthe City shall purchase or call for redemption in any year Series 2002 Tenn Bonds in excess
of the amortization installment requirement for such year, such excess of Series 2002 Term Bonds so
. purchased or redeemed shall be credited against subsequent mandalory rcdcmption of the Series 2002
Tenn' Bonds of such maturity at such times and amOlmts as the City may direct. To the extent the City's,
" obligation to ~e instalhncnts in a particular year is fulfilled through such purchases, the likelihood of
redemption through such installments of any Registered Holder's Series 2002 Tenn Bonds of the maturity
so purchased will be reduced for such year,
Notice of Redemption
Notice ofthe intenlion 10 redeem the Series 2002 Bonds in whole or in part will be mailed by the
Paying Agent, by first class mail, to the Registered Holders of the Scrics 2002 Bonds 10 be redecmed in
whole or in part'nol more lhan forty-fivc (45) days and nolless than thirty (30) days prior to lhe date fixed
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for redemption, at their respective addresses as shown on the registration books, in accordancc wilh lhc
tcnns ofthc Ordinance, Such nolice is to specify lhe series, maturities and numbers ofSerics 2002 Bonds
to be redeemed (including the CUSIP number); lhe dale fixed for redcmption; thc rcdemption pricc or
priccs applicablc to OlC Scries 2002 Bonds 10 be rcdeemcd; and that on Ole datc fixed for redcmption such
Series 2002 Bonds will be payablc at lhc principal corporatc trust onice ofthc Paying Agent and that aftcr
, such datc interest shall cease to accrue on such Scrics 2002 Bonds, If Registered Holders of all such
Serics 2002 Bonds 'to be rcdeemed file writtcn waivers of notice \\~th thc Paying Agent, such Series 2002
Bonds maybe rcdeemed onlhe l'cdempliondate wilhout nccessilyofnotice bYlnmling, FailW'C to mail any
notice of redemption or any defect therein or in thc mailing thcreof will not affect the validi~ of any
proceeding for redemption of olhcr Series 2002 Bonds called for redemption.
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Registration, Transfer, and Exchange
The following applies only during allY period the Series 2002 Bonds are nofheld in book-entry only
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All Series 2002 Bonds presented for transfer, exchange, 'redemption, or payment (ifso required
by the Bond Registrar) shall be accompanied by a, written inslnnnent or instruments of transfe~ or
authorization for exchange, in foml and with guaranty of signature satisfaclory 10 the 'Bond Registrar, duly
executed by the Registered Holder or by his duly authorized attorney,
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TIle Bond Registrar may charge the Registered Holder a swn sufficient to reimburse it for any
expenses incurred in making any exchange or transfer, 111e Bond Registrar also may require payment from
the Registered Holder or his transferee, as the case may be, of a stun sufficient to cover any tax, fee, or
other govemmenlal charge lhat may be imposed in relation thereto, Such charges and expenses shall be
paid before any such new Serics 2002 Bond shall be delivered,
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TIle City and Bond Registrar may treat the Registcred Holder of any Series 2002 Bond as the
absolute owner thereof for all pwposes, and shall not be bound by any nolice to the contrmy,
SECURITY FOR THE SERIES 2002 BONDS
Pledged Revenues
The principal of, redemption premium, if~U1Y, and interest on the Series 2002 Bonds will be payable
from and secured by n first lien upon and pledge of the following, together with nny inve~1mcnt income
realized on any fimds held under the Ordinance, except the Cost ofIssuance Account ~Uld the Rebate Fund:
(i) Payments received 'by the City from the State of Florida pursuant to Section 212,20,'
Florida Stalutes (hereinafter referred to as "Slate Payments"); and '
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(ii) . ruymcnts received by the City from Pincllus Counly, FIOlida pursuant to lhe Intcrlocal
Agreement (hcrcil1aficr referred 10 as the "Pincllas County Payments").
. 111C foregoing arc collcctivcly rclcn'cd to hcrein as the "Plcdgcd Rcvcnucs,lt
Limited Obligations '
, "
11le Series 2002 Bonds arc special, limited obligations of the City, payable solely
'from and secured by u lien upon and pledge of the Pledged Revenues, in the munner
provided in the Ordinance. The Series 2002 Bonds do not constitute a ge~ernl
indebtedness of the City \\ithin the meaning of any constitutional, statutory or charter
provision or limitation, and no Bondholder shall ever, have, the right to, require or
compel the exercise of the ad valorem taxing power of the City, or tuxation of any real
or personal property therein for the payment of the principal of and interest on the
Series 2002 Bonds or the making of any Debt Service Fund, reserve or othe r payments
, provided for in the Ordinance.
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State Payments
TIle Oflice ofTourisrn, Trade, and Economic Dcvelopmcnl ("OITEDn) in the Executive office of
the Governor has Certified the Cily as a "facility for a retained spring training franchise" pursuant to Section
288.1162, Florida Statules, as amendcd, for purposes ofScction 212,20, Florida Statutes, as amended,
~rsuant to Section 212.20, a monthly distribution of $41,667.00 is to be made from the State General
Revenue Fund to the City. Monthly distributions began on March I, 200 I and will conlinue for thirty (30)
years.
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An applicant certified as a facility for a retained professional sports franchise or as a facility for a
retained spring training franchise may use lhe funds providcd pursuant to s, 212,20 only for lhe public
pwpose of paying for the acquisition, construction, reconstruction, orrenovationofa facilily for a retained
spring training franchise or to payor pledge for the payment of dcbt servicc on, or to fiUld debt service
reserve funds, arbitrage rebatc obligations, or other amounls payable with respeet to, bonds issued for the
acquisition, construction, reconstruction, or renovation of such facility or for the reimbursement of sllch
costs or the refmancing ofbonds issued for sllch purposes, An applicant certified may not re'ceive more in
distributions than actually expended by lhe applicant for the foregoing purposes. However, a certified
applicant is entitled to receive distribulions up to the maximwn amoWlt allowable and undistributed for
additional renovations and improvements ,to the facility for the fmnchise without additional certificalion.
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Chaptcr 212, Part 1, Florida Statutes, cntitled lITax on Sales or Use ofTangible Personal Property,
Admissions, Rcn~'ds and Serviccs,"imposes a 6% sales tax on thc sales price oftnngible personal property
sold at retail in the Slatc, subject to certain cxcmplions therefrom, A similar tax is imposcd on lhe price
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ortnngible personal property whcl1lhe property is nol sold bul is ilscd, or slocked for use, in lhc State.
The lurgcsl singlc source ofta.x receipts in the Statc is the sales and use la.x,
Unless a lrnnsaction is sp<..'cilically excmpt, the Slate sales and use tax is applicablc to salcs of
trmgiblc personal property at retuil in lhc Slatc including lhe business of making mail order sales, the rental
or furnishing of things or scrvices tuxablc under Chapler 212, Florida Statutcs, the storage for use or.
consumption in the Stale of ~U1y ilem or article oft~U1giblc pcrsonal property, and lhc lease or rcntal ofsuch
property wilhin the Stale.
Pursuant 10 Section 212.20( 1), Florida Slatutes, thc Stulc Departmcnl of Revenuc ("DOR") shall
,pay ovcr to the Stale TreasufCr all funds receivcd and collected by it under Chapter 212, Part I, Florida
. Statutes,lo be credited to the account of the State Geneml Revenuc Fund, except lhe proceeds ofthe fec
imposed pursuant to Section 212,18(5), Florida Statules. Sel forth below is thc dislribulion by the State
of such proceeds pursuant to Sectio~ 212.iO( 6), Florida Stalutcs:
(I) Slate General Rcvel1ue Fund: In any fiscal year, the greater of $500 million, minus an
amoWlt equal to 4.6% of the proceeds of the taxes collectcd pursunnt to Chapter 201,
Florida Statutes (documenlary taxes), or 5% of all olher taxes and fees imposed pursuant
to Chapter 212~ Part I, Florida Slatutes, shall be dcposited in monthly installments into the
, State General Revenue Fund,
(2) State Solid Waste Mann~ement Tmst Fund,: Two-tcnths of one percent (0,2%) of all
other tuxes and fees imposed pursuant to Chapter 212, Part I, Florida Statutes, shall be
deposited into the Statc Solid Wasle Managemenl Trust Fund,
(3) State Local Governmcnt Half-Cent Sales Tnx Clcnring Trust Fund: After lhe distributions
in (1) and (2) above, 9,653% of the amount remitted by a sales tax dealcr located within
a participating counly pursuant to Seclion 218,61, Florida Statulcs, shall be transferred
into the State Local Governmcnt Hnlf-Ccnt Sales Tax qearing Trust Fund,
(4) Sta~e Local Government Hal f-Cenl Snles Tax Clearing Trust Fund: Aftcr the distributions
in (1), (2) and (3) above, 0,065% shull be transferred to the Statc Local Govcrnmcnt
I ,Half-Cent Sales Tax Clcaring Trust Fund and distributed pursuant to Scetion 218,65,
Floridn Statutcs,
(5) Slate Revenue' Sharinc Trust Fund for Counties: Beginning July 1, 2000, after the
distributions in (1), (2), (3) ruld (4) abovc, 2.25%, shall be transferrcd monthly to the Statc
Rcvcnue Sharing Trust Fund for Counlics pursUUl1t to Scclion 218.215, Florida Stntules.
(6) State Rcvenue Slmrinc Trust Fund for Municipalities: Bcginning July 1,2000, aOcr lhc
distriuUlions in (I), (2), (3) uno (4) above, 1.0715% shall be lransfcrrcd monthly to lhc
7
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State Revenue Sharing Trusl FlUld for MlUlicipalltics pUfSlmnt 10 Section 218,215, Florida
Statutes, If the lotal revenue to be distribuled pursuant to lhis subparagraph is at Icast as
grcal as the amowlt due from the Slale Revenue Sharing Trusl Flmd for MWlicipalilies and
the MWlicipal Fimmcial Assistance TnlSt Fund in stale Iiscal year 1999-2000, no
mWlicipality shall receive Icss than the nmOlUll due from the State Rcvcnuc Sharing TnlSt
: Fund for Mooicipalitics and the MlUlicipal Financial Assislancc Trust Food in state fiscal
year 1999-2000. I f the total proceeds to be distributed arc Icss than the amoWlt receivcd
in combination from thc Statc Revenue Sharing Trust Fund for Municipalities and the
Mwlicipal Financial Assislancc Trust Flmd in state fiscal year 1999-2000, each
mWlicipality shall receive an anlOunt proportionate to the amounl it was duc in state fiscal
year 1999-2000,
(7),
Pari.Mutuel Rcvenues Rcplacemcnl Program: Beginning July 1, 2000, and in each fisc'al
year thereafter, of the remaining procecds, the sum of $29,915,500 shall be divided into
as many equal parts as lhcre arc cOWltics in lhe state, and one part shall be distributed to
each county. TI1C distribulion among lhe sevcrnl counties shall begin cach fiscal year on
or before Janu,ary 51h and sh.1J1 continue monthly for a total of 4 months, If a local or
special law required that any moneys accruing to a county in fiscal ycar 1999.2000 ooder
the thcn-existing provisions ofSeclion 550,135, Florida Statules be paid directly to the
district school board; spccial dislrict, or a municipal government, such payment shall
, '
continue Wltil such timc that the local or special law is amended or repealed. The state
covenants wilh holdcrs of bonds or olher instnunents of indebtedness issucd by loeal
govcmmcnts,"spccial districts, or district school, boards prior to July 1,2000, that it is not
the intent ofthis subparagraph to adverscly affcct thc rights ofthose holders or relieve local
govcnuncnts, special districts, or disuict school boards ofthe duty to meet their obligations
as a result of previous pledges or assigruncllts or trusts entcred into which obligated funds
received from the distribulicintocountygovemments underthen-cxisting Section 550,135,
Florida Statutes. l1us distribution specially is in lieu of flUlds distributed Wlder Section
550,135, Florida Stalutes prior to July 1,2000.
(8)
Professional Sports Facilities: Ofthc remaining proceeds, $166,667 dislributed monthly
for 30 years 10 cach applicant that has been ccrtified as a Itfhcility for a new profcssional
. sports franchise" or a "facility for a rClaincd professional sports fmnchise': pursuant to
Section 288,1162, Florida Slatucs, and up to $41,667 monthly for 30 years to each
applicant certificd as a "facility for a retained spring training franchise" pursuant to Section
288,1162, Florida Stnlutes. Bccause not more than $208,335 may be distribuled monthly
in the aggregatc 10 all certificd facilities for a retained spring training franchise, no more than
five fucilities will be certified, Distributions shall begin 60 days following such certification
and shall c~nlinue for not more than 30 years, Nolhing contained in this pamgraph shall
be construed to allow un applicant ccrti lied pursuant to Section 288, 1162, Florida Statutes
10 receive more in distributions than actually cxpended by the applicant for the public
8
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. purposes provided for in Secl'ioll 288.1162(6), Florida Statutes, However, a certified
applicant is entitled to n..ccivc distributiOlls up to lhe ma.ximtun amount allowable and
, undistributed tmder this section for addilional renovations w\d'improvementS to the facility
for thci' fmnehisc wilhout additional certification.
Professional Golf Hall of Fame: Of the remaining proceeds, 30 days after notice by
OITED to DOR that W1 app~icant has been certified as the professional golf hall of fame
pursuant to. Seclion 288.1168, Florida Statutes and is open to the public, $166,667 shall
be distribuled montWy, for up to 300 months, to the applicant.
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International Game Fish Association: Of the remaining proceeds, $83,333 distributed
monthly tor up to 180 months to an applicanl which is both certified as thc Inlernational
Game Fish Associalion World Center fhcility pursuant to' Section 288.1169, Florida,
Statutes~ and is open to the public, A lump sum payment of$999,996 shall be made, after
certification and before July 1,2000,
St1te General Revenue Fund: All othcr proceeds shall remain with the State General
Revenue FWld. .
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" Collection nnd Distributions of Che
General SI11c5 Ilnd Usc Tnx
Flscn'j Venn Ended juill! 30, 1991 through ;Junc 30, 2002
(OOO's)
, , l.onl l.fl~al
nlul, Total S.1n tonl Gll\l:mnlcnl GnVfmmcnl ' Genenl
YC'IIl' Tn Solid Wille Gtwcmlcnl f:n1cll:cncy Sporn Replacement R~'mUt
,
.' r.riilloz. Cnllffllon Im!.I.f!!Ild Ihlr.cclIl D1'lrlhullon f'ulllUn Pl,lrlhullon I!!!l!I
1991 58,152,024 S16,m $706.017 0 0 '0 56,950,168
1992 8,37$,378 16,684 723,130 () () 0 " 7,635,564
I 0,,424,309 I
1993 1 Ii ,778 796,771 () 0 () , , 8,379,960
1994 10,073,611 ' 20,113 854,441 () 2,167 0 ' 9,006,890
1995 1O,677,:m 21,32:r 91lQ,5JI 4,89B 4,166 () 9,578,31).1
1996 11,491,252 22,1191 977,980 5.335 7,667 0 e1O,477,378 I
[,
1991 12,12/,776 ' 24,121 1,015,707 5,626 10,8)) , 0, 11,065,489 I
19911 12,975,125 25,995 1,089,443 6,066 11,5110 0, 11,842,12] , I
1m 11,917,703 27,6-19 ' 1,160,093 6,om 1,700 0 , 12,706,510
2000 I ~ ,076,874 )0,016 1,257,119 7,004 1,600 0 13,766,734 i
2001 1S,ll02,622 3],508 1,309,841 8,1156 18,028 479,]73 '13,952,217
, 2002 16,M4,I5l ' 32,126, 1,349.696 8,~53 ' ,19,467 497,195 14,146,717 t
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SOURCE: Ex~'CIJIi\'l: Office Ol'lIll: Go~t, Office o~ 1'liMing and Uudg(ling, Rc\'cnuc IIl1d E~'(momic Anlll)'s[s.
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Pincllus County Payments
Gelleral. Pursuant to an Inlcrlocal Agreemcnt (thc "Interlocal Agn.>Clllentll), between thc City and
PincllaS County, Florida (the "COlUlly"), dated as ofDccember 1,2000 (a copyofwhich is aUachcd hcrclo '
as Appcndix D, lhe County has agrccd 10 pay {rom Non-Ad Valorem Revcnucs (hereinaftcr defincd) an
annual UJllOl~t 01'$587,650.00, payable in equal monUdy paymcnts of $48,970.83 (which amount is
one-twclfihofthc annuatamOlmt), commcl1cing on the: lirstCountyPaymcllt Datc, and conlinuing for a total
. oflwo hundred forty (240) monlhs for a total of two hundrcd forty (240) monthly paymcnts, A County
Payment Date is the fiftccnth calendar day ofcach monlh, commcncing with the second monthimmedialely
following the month in which the Cily received certification from lhc Stale of Florida ,that the Project
constituted a "facility for arctaincd spring training fumchisc" in accordancc with Seclion 288,1162(5),
Florida Statutes, The first County Payment Date was Murch 15, 2001. uNon~Ad Valorem Revenucs," ,
Wlder the InterlocalAgreemcnt, means alllcgally available non~ad valorem revcnues or taxes of the County
(including ad valorem taxes to the extent the use thereofJor sccUring bonds or other dchl obligations of the
, County has been approved by referendum), which arc Icgally available to make the payments required by
the Interlocal Agreement, but only afier provision has been made by the County for payment of services
and programs which are for essential public purposes affecting the health, welfare and safety of the
inhabitants of lhe County or which are legally mandated by applicable law. TIle Inlerlocal Agrecment
provides tal the obligalion of the Counly to pay over to lhe City the County Payments is all indebtedness
of the COWlty and the Interlocal Agreement is issued by the County as evidencc of such indehledness,
The City has covenantcd in thc, Inlerlocal Agreemcnt that it will deposit all County Payments into the
County's Payment Account held by the City undcr the Ordinance, it will transfcr and deposit all amounts
received from the County representing Counly Payments into the Debt Service Flmd and that it will pay
the Series 2002 Bonds from and exhausl all monies in the Debt Service Fund so deposited from, the
proceeds of the County Payments paid by and received from the County for lhe Dcbt Scrvicc Payments
prior to using any olher revcnues ofthe Cily which are pledged for the repayment of the Scries 2002
Bonds.
Covellallt to Budget ami Appropriate, TIle County covenants lhat it will include in its annual budget
, and appropriate, sufficient legally available Non-Ad Valorcm Revenues of the County, for the limely
paymcnt of all County Payments due to be made in each fiscal ycar at stich times as shall be required,
In no evcnt will the County be required to make any paymcnts requircd hcreunder except from funds duly
budgeted and appropriated in accordancc with the Intcrlocal Agreemcnt. Such covenant and agreenlcnt
on the part ofthe Counly will bc cWllulative' and will continue lUltil all Counly Payments shall have been
budgcted, appropriated and aclually paid. The County has agreed lhat lhis covenant and agreement will
be dccmed 10 be entered into for lhe benefit of the Holders oJ'the Serics 2002 Bonds and 1hal this
obligation muy be enforced in a court of competcnt jurisdiction. Nolwilhslanding the foregoing or any
provision of lhe Intcrlocul Agreement to the conlmry, thc Counly docs not covenant to maintain any
services or programs now mainluincd or provided by lhc County, including lhose programs and'scrvices
II
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which gencrale Non-Ad Valorem Rev:::nucs. Thc covcnanl and agl'ccmcI11mny, nol he conslrucd us a
limitation on the ability of the Counly 10 pledge all or a portion of such Non~Ad Valorem Revcnucs for
other legally pemliSsible purposes. Nothing herein shall be dcemcd to pledge ad valorem taxation revenues
or to pennit or constitutc a mortgage upon any assets owned by lhc County and no person may compel
the levy of ad valorem taxes on renl or personal property within lhe boundaries of thc County for lhe
paymcnt of the County's obligations under the Inlcrlocal Agreement.
Limited Coullty Obligatio". The Series 2002 Bonds and the, obligations of the County
under the lnterlocal Agreement shall not be or constitute general obligations or
indebtedness of the C~unty as "bonds" "ithin the meuning of the Constitution of the
State of Florida, and no bolder or holders of any City Bon~s shall ever have the right
to compel the exercise of the ad valorem tuxing power of the County or taxation in any
form of any real or personal property therein,
,;
However, the covenant to budgct and approprialc in its gcneral annual budget for the purposes and
in the niwmer st.aled herein, has the efTccl of making available for the payment of the obligations of the
County the Non~Ad Valorem Revenues of the County in the manncr provided in lhe Inlerlocal Agreement
and placing on thc Countya posilive duty to appropriate aild budget, byamcndment, ifncccssary, amounts
sufficient to meet its obligations hereundcr; subject, however, in all respccts to lhe restrictions of Chapter
125, Florida Statutes, which makcs it unlawful for any county to expend ;moneys not appropriated and in
excess of such county's cwrcnl budgeted revcnucs, The obligation ofthe County to make such paymcnts
from its Non-Ad Valorem Revenues is subject 10 the availabililY ofmoney in the lrcasury of the County and
fmding requirements for essential services ofthc Counly; however, such ob1igalion is cwnl~ativc and would
carry over from Fiscal Year to Fiscal Year, The County has further covenanted that the Interlocal
Agreement shall be cntcred into for the benefit ofthc holders of the Scrics 2002 Bonds and that the
obligations of the County to pay thc County Payments to the City may be enforced in a court of competent
jurisdiction in accordancc with the remedies set forth therein,
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AII""al Budgets, The County is required by the Interlocal Agreement to prepare, approvc and adopt
each year, in the manner provided by law, a dctailcd annual budget pursuant to which il will alIoeate,
appropriate and provide for the dcposilS and payments of suflicicnl legally available Non-Ad Valorem
Revenucs of the Counly for the' ensuing Fiscal Year rc,quired by the Interlocal Agreement. The covenant
and agreemcnt by the County 10 budgct lUld appropriule such amOlmt is cumulative and will continue each '
Fiscal Y car lUlti1 all required County Payments have becn budgeted, appropriatcd and ~ctually paid by the
Counly to the City for deposit as providcd in the lntcrlocal Agreemcnt.
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Reports ""d AII""al Aile/its, The Illterlocal Agreemcnt provides 1l1al County will, as soon as
practicable aller the cnd of each Fisclll Year, cause the books, records, accounts and the data relating to
, thc County Payments for such Fiscal Ycar tu be propcrly audilcd by an independent certified public
aCcOlUltant ofrccogllized slnnding,
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Enforcemellt ofCollectilms, TIle Cowlly is clUTCntly alllhorized to receive sllnicicnt legally availablc
non ad-valorem revcnues to enable it to budgel and appropriatc the Counly Payments. The County will
diligently enforce ils right to reccivc such revenues and will 1101' takc any action whieh will impair or
adversely atTecl its right 10 receive such fWlds or impair or adversely afTeet in any manner its obligations
under the Inlerlocal Agreement. TIle COlmty shall be unconditionally and irrevocably obligalcd to take all
lawful action necessary or required to enable the County to receive sufficient revenues to so budgct and
appropriate the County Payments as nowpenniUcd or provided by law or as may latcr be authorized, and
to make the transfers required by lhc Interlocal Agreement.
. I
Reductioll of NOll-Ad Valol"em Revenues, During such time as thc obligalions of the COWlty to
make COWlty Paymcnts underthc IntcrlocalAgrecment are Outstanding, the County covenants thal it will
not reduce the rate or mtes at which any Discretionary Non-Ad Valorcm Revenues are charged or
collected ifsuch reduction, in and ofitsclt: would cause, Non-Ad Vruorem.Rcvenues in such Fiscal Year
to be less than 120% ofthe Debt Service in such year on debt payable from Non-Ad Valorem Revenucs,
including for this purpose, the County Payments, "Discretionary Non-Ad ValoremRevenues"means any
component of the Non-Ad Valorem Rcvenues as to whieh the COWIty has the authority to detennine the
rate or rates charged or collecled, Notwithstanding the foregoing or any provision of the Inlerlocal,
Agreement to the contrary, the County will not be prohibited from reducing Non-Ad Valorem Revenues
ifsuch reduction is required by lhc laws of the Stale of Florida or the United Slates of America,
Reserve Account
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Under the Ordinance, the City is required to eslablish a Reserve Account. The Reserve Account is '
required to be funded in an amount equal 10 lhe Reserve Account Requirement. The Reserve "Account
Requirement is defined in the Ordinance as an amount equal to the lesser of (i) ten percent (10%) of the
original sale proceeds of the Series 2002 Bonds, (ii) maximmn mmual dcbt service on the Series
2002Bonds or (Iii) one hundred twenly~fivc perccnt (125%) of the avcmge annual debt service on the
Series 2002 Bonqs, 11le Cily may provide for this deposit 10 thc Reserve ACCOWlt either from the
proceeds of the sale ofth~ Series 2002 Bonds, from other available moneys oCthe City and/or by providing
an insurance policy or a letter of credit meeting lhe quality of credit criteria required by the Ordinance,
In order to satisfy the Rcserve Account Requirement, a Municipal Bond Reserve Flmd Policy (the
uResetve Fund PolicyU) issued by MBIA will be provided,
, The Reserve Account shall be uscd only for the purposc 0 ('paymcnt ofmatmlng principal 0 r or interest
on the Serics 2002 Bonds as the smne shall become due and payable, when the olhcr money in the Sinking
FWld is insufficienllherefor, and for no other pUl]lose,
The City will enter inlo a Dcbt Service Agreement (the "Agrecmcnl") with MBlA pursuant to which
lhe City will covenWlt thult in lhc event the City docs nol have on deposit in thc Revenue Fund sufficienl
ftmds derived from the County Payments and lhe State Paymcnts on any Paymcnt Date to Iluy the principal
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. and interest on the Scries 2002 Bonds thcn duc, the City will supplcment lhe County Paymcnls and Statc
Payments moneys it has on deposit in lhe Revenue Flmd with othcr Icg.'llly available Non-Ad Valorem
Revenues oflhe City, wId will providc 10 the Paying AgcI11 sumcient fimds to pay debt scrvice then due on
the respective Payment Date, all in accordance wilh thc Ordinance, For pUlposes of the Agrecment lhc
tcrm 'Non-Ad Valorcm Revenues" shall meanaJl revcnucs ofthe Cityderivcd from any source whalsocver
other than ad valorcm laxation on real or personal propcrty, which arc Icgally available to make the
paym~nts required herein, but only after provision has been made by lhc City for the paymcnt of all
,essential or legally mandalcd services.
Flow of Funds
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The Ordinance creates the following tUnds and accounts: (i) a Revcnuc Fund, and within the Revenue
Flmd, a State Payments Account, a County Payments Account and an Investmcnt Account; (ii) a
Construction FWld, and within the Conslruction Fund, a Project AccOlmt and a Cost ofIssuance AccoWlt;
(Hi) a Debt Scrvice FWld, and within the Debt Service Fund, an Inlerest AccoWlt, a Principal Account, a
Bond Amortization Account and a Reserve Account; and (iv) a Rebalc Fund.
All fuOds al WlY time I'Cmaining on deposit in the Revenue FWld will be disposed of on the day
immediately preceding each Paymenl Datc, commcncing with the finjt Paymcnt Datc immediately following
the delivery oflhe Bonds, for so 10l1g as any Bonds I"Cmain Outstanding, only in the following mariner and
in the following ordcr of priorily: ' .
(1) From thc moneys in the Revenue Fund, the City will deposit into the respective accounts in
the Debt Service FWld, such smns as will be sufficient to pay (a) interest becoming due on the Bonds
on the next Payment Date; (b) principal due wld payable on the next Amortization Installment rcquired
to be made on the next Payment Date, and (c) the amOlUlt of any Amortization Installment required to
be made on the next Paymcnt Datc, Such payments will be credited 10 the Interest AccOlUlt, Principal
Account or Bond Amortization Account.
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Upon the sale of any series ofTermBonds, the City will by resolution. establish the amounls and
maturities of such Amortizationlnstallrnents for each serics, and inhere will be more than one maturity
of Term Bonds within a series, the Amortization Installments for the Term Bonds of each malurity. In
"the cvent the moneys deposited forrctiremcnt ofa maturity o fTc nn Bonds are required to be investcd,
in the manner provided below, the Amortization Installments may be statcd in tcnns of cithcr lhe
principal wnount oflhc invesbllents to be purchased on, or the cWllulntivc Wll0unts ol'thc principal.
amount of investments requircd to havc been purchased by, the puymcnl dale of such Amortizalion
Installment.
"
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Moneys on deposit in cach of the separate special accOlmts in thc Bond Amortization Account
wiu be used for the open markct purchase or the redcmption ofTcnll Bonds of lhc selics or malurity
ofTenn Bonds within a series for which such scparalc special accOlmt is eSlablishcd or may remain
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in said scpuratc special account and be il1vestcd unlil the stuted dale of mnlurity of the Tcnn Bonds.
,111e resolution cstnblishing the Amortizalion Installments for any series or mnlurity of Tenn Bonds may
limit lhe use ofmon~ys to anyone or more of the uses set forth inlhe preceding sentence ill1d may
specify the type or types of investmenls pcnnittcd hereundcr 10 be purchased,
(2) Moneys remaining in the Revcnue Ftmd will next be applicd by the City to maintain the
Reserve Accotmt, with a balance equal to the ReserVe AccoW1t Requirement; all or a portion of which
swn nmy be initially provided from the proceeds of the sale of the Bonds and/or other moneys of the
City. The, Cily willlhereafter deposit into said Reserve AccoW1t an amount equal to the difference
between the amoW1t:, if any, on deposit in the Reserve AccoW1t and lhe Reserve Account Requirement.
No further payments will be rcquired to be made into such Reserve ACC0W11 when there has been
, deposited therein and as long as therc will remain on deposit therein a sum equal to the Reserve
Account Requirement.
Any withdrawals from the Reserve AccoWlt will be subsequently reslol'cd from the first moneys
available in the Revenue Food after all rcquired current paymenls inlo the Debt Serviee Fund and
including all deficiencies for prior payments, have been made in full,
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Moneys in the Rcserve Account \\~Il be used only for the purpose of the payment of maturing
principal (including Amortization Installments) of or interest on lhe 'Bonds when the moneys in the
Interest Aecooot, Principal Account or Bond Amorti7.ation ACCOoot in the Debt Service Fund are
insufficient therefor, and for no othcr purpose,
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Whenever the amoW11 on deposit in the Reserve Account exceeds the Rcserve Account
Requirement, the excess may be withdrnwn and deposilcd into the Investment Account in the Revenue
Fund,
e,e
The City will not be required to make any furthcr paymcnts into the Debl Service Fund or into lhe
Reserve ACCOoot when the aggregale arnoW1t of moneys in the Debt Service Fund and the Reserve
Account are allenst equal to the aggregate principal amount of Bonds then outstanding, plus the
amount of interest thcn due or thereafter to become due on the Bonds then outstanding.
Notwithstanding the foregoing provisions, in lieu of the required deposits ofRevcnucs into the
Reserve Accooot, the City muy cause to be deposited into the Reserve Account a surety bond or an
insurance policy issued by a repulablc. and recognized insurer for lhe benefit of the Bondholders in an
amoW1t, equallo the Rcservc ACC0W11 Requirement, which surety bond or insurance policy will be
payable (upon the giving of notice as required thereundcr) on any Payment Date on whicha deficiency
exists which cannot be curcd by funds in any other accmmt held pursuant to this Ordinance and avail-
able for such purpose, The insurer providing such surety bond or insurance policy will be an insurer
whose municipal bond insurance policies insuring the payment, when due, of the principal of and
interest on mW1icipal bond issues results in such issues being rated in lhe highesl rnling category by
IS
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Slandard & Poor's Corporation or Moody's Investors Service, 1119., or their successors, If a
disbursemcnt is made from a surely bond or an insurancc policy provided, the City will be obligated
to eithcr reins41te the maximW11limits of such surely bond or insurancc policy immediately followil1g
such disbursemcnt or to deposit into the Reserve Account, as dcscribed above, for l'csloralion of
withdrawals from the ReserVe Account, flmd<; in lhe umOLmt of the disburscment madc undcr such
policy, or a combination of such alternatives,
(3) The balance ofany moneys remaining in lhe Revcnue FWld aficr the above requircd payments
have becn made may either be depositcd into cither thc Invcstment AccOlUlt, the Rcvenue FWld, or
may be used for the purchase or rcdcmption of Bonds, or may be uscd by the City to reimburse thc
City for W1Y costs of the Project paid for wilh City funds olher than the proceeds ofthc Bonds,
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Municipal Bond Insurance
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Payments Ofpril1Cipal of and inlerest on the Series 2002 Bonds are to be insured through a policy to
be issued by MBIA (the ItMBIA") which policy will take effect upon the delivery of the Series 2002 Bonds.
See "MUNICIPAL BOND INSURANCE" herein and "SPECIMEN MUNICIPAL BOND
INSURANCE POLICY II attached hereto as Appendix E.
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Parity Bonds
The Ordinance provides that the City will issue no bonds or obligalions of any kind or nature payable
from or enjoying a lien on the Pledged Revenues if such obligations have priority over the Series 2002
Bonds with respect to payment or lien, nor will the City create or cause or pennit to be created any debt,
lien, pledge, assignment, encumbrance at other charge on a parity with the lien of the Series 2002 Bonds
upon the Pledged Revcnues. Any obligations of the City, other thlUl the Series 2002 Bonds, whicl1" are
payable from the Pledged Revenues shall contain an express stalement that such obligations, are jw1ior and
subordinate in all respects to the Series 2002 Bonds as to lien on and source and s'ccurity for payment from
such Pledged Revenues,
MUNICIPAL BOND INSURANCE
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TIJ,e following infommtionhas been furnished by MBlA Insurance Corpomlion ("MBINt) for usc in this
Official Statement. Reference is made to Appendix "E" for a specimen ofMBINs policy.
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MBlA's policy wlconditionally and irrevocably guarantces the full and complcle payment required to
be made by or on behalf of tJ1C City to tJle Paying Agent or its successor of an amowlt equal 10 (i) the
principalof(eilherot the statcd maturity or by an advancement ofmalurilypursuant to a mandatory sinking
flUld payment) and interest on, the Series 2002 Bonds as such payments shall become due but shall nol be
so paid (except that in the cvent of any acceleralion of thc due datc of such principal by reason of
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mandatory or optional redemption or acceleration resulting from def.1lllt or otherwise, olher lhan any
advanccment of malurily pursu..1nt to a mandatory sinking fund payment. thc payments guarnnleed by
, MBINs policy shall be made in such amounts and at such times as such payments ofprincipal would have
been due had there not becn any such acceleralion); and (ii) the reimbursement of any such paymcnl which
is subsequently recovered from any owner of the Series 2002 Bonds pursuant to a finaljudgmcnt by a court
ofcompctcntjurisdiction that such payment constitutes an avoidable prefcrence to such owncr wilhin the
mcaning of any applicable bankruptcy law (a "Preference"),
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MBIA's policy does not insure against loss of any prepaymcnt prcmiwn which may at any time be
payable with respect to any Scries 2002 Bond. MBIA's policy does nOl, under any circwnstance, insure
ngainst loss relating to: (i) optional or mandatory redemptions (other than mancL110ry sinkmg food
redemptions); (ii) any payments to be made on an accelerated basis; (iii) payments of the purchase price
of Scries 2002 Bonds upon lender by an owner thercof;,or (iv) any Preference relating to (i) through (iii)
above, MBIA's policy also does not insure against nonpayment of principal of or interest on the Series
2002 Bonds ~sulting from the insolvency, ncgligence or any othcr acl or omission ofthe Paying Agent or
any othcr paying agent for the Serics 2002 Bonds.
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Upon receipt oftclephonic or telegraphic notice, such notice subsequently continned in writing by
registered or certified mail, or upon receipt ofwriUcn nolice by registered or certified muil, by MBIA from ,
~e Paying Agent or any Owner of a Bond lhe payment of an insured amount for which is then due, that .
such requit:ed paymenl has not been made, MBIA on the due date of such payment or within one business
day after receipt of notice of such nonpayment, whichevcr is later, will make a deposit of foods, in an
account with State Street Bank and Trust Company, N,A., in New York, New York, or its successor,
sufficient for the payment of any such insured amoWlls which are lhcn due, Upon presentment and
surrender of suchSeries 2002 Bonds or presentment of such other proof of ownership of the Series 2002
Bonds, together with any appropriale illstrwnents of assignment to evidence the assignment ofthe insured
amoWlts due on the Series 2002 Bonds as are paid by MBIA, and appropriate instnu11(~nls to cffcct the
appointment ofMBIA as agent for such owners of the Series 2002 Bonds in any legal procecding related
to payment of insured amounts on the Series 2002 Bonds, such inslnullents being in a fonn satisfactory to
State Street Bank and Trust Company, N,A" State Street Bank and Trust Company, N,A, shan disburse
to such owners or the Paying Agent payment of the insured amounts due on suchScries 2002 Bonds, less
any amount held by the Paying Agcnt for the payment, of such insured amowlts and legally available
lherefor, '
17
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I'
MBIA '
MBIA Insurnnce Corpomlioll ("MBlN') is lhc principal opcmling subsidl1ry of MBIA Inc'l a .
New York Stock Exchange listed company (the "Company"), l11C Company. is not obligatcd to pay the
dcbts of or claims against MBIA. MBIA is domiciled in the Slale of New York and licenscd to do
business in and subjcct to regulation undcr the laws of all 50 states, the Dislrict of Columbia, the
Commonwealth of Puerto Rico, thc Commonwealth oflhe Northem Mariana Islands, the Virgin Islands
of the United States and thc Territol)'ofG~. MBIA has three branches, one in thc Republic of France,
one in the Rcpubtlc of Singapore and one in the Kingdom of Spain. New Yark has laws prescribing
ininirnum capital requircmcllts, limiting classes and concenlrntions ofinvestments and requiring the approval
of policy mtes and fon115, Sk1te laws also regulate the Dl110lmt of both the aggregale and individual risks
lhnt may be insured, the payment of dividends by MEIA, changes in conlrol and transactions among
affiliates, Additionally, !vIBlA is required to maintain conlingcncy reserves 011 its liabililics in certain
amoUnts and for certain periods of tirne~
MBlA docs not accept a'ny responsibilily for the accuracy or complcteness of this Official
Stalemcnt or any infonnation or disclosure cont.ained herein, or omitted herefrom, other than with respect
to the accuracy of the infonnation regarding the policy and MBIA set forth under this principal eaption
"MUNICIPAL BOND INSURANCE," Additionally, MBIA makes no represelltationregardingthe Serics
2002 Bonds or thc advisability of investing in the Series 2002 Bonds,
TI1C Financial Guar.mtcc Insurancc Policies ure not covcred by the Property/Casualty Insurance
Securily Fund specified in Article 76 of the New York Insurance Law.
MBIA Information
TIle following docwncnts med by the Company with the &:unities and Exchange Commi$ioll (the
"SEe") are incorporated herein by reference:
(1) TI1C Company's Annual Report on Form 10-K for the year ended December 31,2001; and
(2) The Company's Quarterly Report on Fonn 10-Q for the quarter ended March 31, 2002, '
Any documents filed by the Company pursuant to Sections 13(a), 13(c), 14 or lSed) orthe Exchange Act
of 1934, as amended, after the date of this Official Statement and prior to the tennination of the offering of
the Series 2002 Bonds offered hC'reby shall be deemed to be incorporated by reference in this Official
Statement Dnd to be u part hereof, Any statement contnined in a document incorporated or deemed to be
incorponJled by reference herein, or contained in this Official Stutemenl, shall be deemed to be modified or
superseded for purposes of this Officiul Slntemclll to the extent Ihat n stutemem contained herein or in any
other subsequently filed document which nlso is or is deemed to be incorporated by reference herein modifies
or supersedes such statement. Any such statement so modified or superseded shall not be deemed, except
tlS so modified or superseded, to conslitute a part of this Official Stulcmenl.
18
" i
,
!
..
TIle Company files annu.1l, quartcrly and special rcports, infomllllion slnlemcnts and olhcr infbnnation
, with the SEe undcr File No, 1-9583. Copies of the SEC filing; (including (I) the Company's Annu.'ll
, Report on Fonn I O-K for the ycar ended Decembcr 31. 200 I, and (2) lhe Company's Quarterly Rcport
on Fonn l.o-Q forthe quarterendcd March 3 I ,2002), arc available (i) ovcr the Internct at the SEC's web
site at http://www.sec.gov; (ii) allhe SEC's public reference room in Washington D,C.; (Hi) over lhe "
Internet at the Company's web she at hUp:/lwww.mbia.com; tU1U (iv) at no cosl, upon request to MBIA
Insurancc Corporation, 113 King Slreel, Annonk, Ncw Yark 10504, TI1C tclephonc mmlbcr of MBIA
is (914) 273-4545.
As of December 31, 2001, MBIA had admitted assets of$8,5 billion (audiled), totalliabilitics of$5,6
billion (audiled), and total capital and surplus of $2,9 billion (auditcd)' delernlined in accordance with
statutory accowlting practices prescribcd or pennittcd by insurance reb'tllatoryauthorities. As of March 31,
2002; MBIA had admitted assets of$8.6 billion (Wliludited), total liabilities of$5. 7 billion (Wlaudited), and
total capital and surplus, of$2,9'billion (w13uditcd) dctcnnined in accordance with statutory accounting
prnetices prescribed or pennittcd by insurance regulatory authorities,
Financial Strength Ratings of MBIA
Moody's Investors Service, Inc. rates thc financial slrcnf:,'lh ofMBIA "Aaa."
Standard & Poor's, a division of TIle McGraw-Hill Companies, Inc. mtcs the fmancial strength of
MilIA "AAA.n '
Fitch, Inc. rates the financial strength ofMBIA "AM.n
Each rating of MBIA should be cvaluated independently, The J1ltings reflect the respective J1l1ing
agency's current assessment of the creditworthiness ofMBIA and its ability to pay claims on its policies
ofinsurnnce, Any further explanation as to the significance of the above ratings may be obtained only from
the upplicable rating agency,
TIle above ratings orc not recommendations to buy, sell or hold the Series 2002 Bonds, and sllch
ratings may be subjecl to revision or withdrawal at any time by the rating agencies, Any downward revision
or withdrawal of any of the above ratings maY,have an adverse effect on the market price of the Series
2002 Bonds. MBIA does not guamnty the.market pricc of the Series 2002 Bonds nor does it guaranty
that the J1ltings on the Series 2002 Bonds will nol be revised or withdrawn,
: ;,
"
, The insurance provided by this policyis not covered by the Florida Insumncc Guaranty Associalion
created under chapter 631, Florida Statutes,
19
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Rights Granted Insurer
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Genernlly, in connection with its insullmceofan issue ofmtmicipalsecuritics, the Insurcrrequires,
~ong' other things, (i) that ~ be grnntcd,thc power to exercise ~ny rights gmnted to the holders of such
securities upon the occurrence of an evcnl of default, ~vithout the consent of such holders, and that such,
holders may not exercise such rights without the Insurer's consenl, in each case so long as the InsllrCr has
not thiled to comply with its paymcnt obligations' under its insumncc policy; and (ii)" that any amendment or '
suppl~mient to or other mOdification of the principal')cgal docwnents be subject to the Insuter's consent.
, , " , TIle specific rights~ if any, granted lo the InsUfCr in c'omlcction with its i~lCC of the B9nds are s~t forth
in "APPENDIX C:' SUMMARY OF CERTAIN PROVISIONS OF THE ORDINANCE,It "
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ESTIMATED SOURCES AND USES OF FUNDS
~e: following ~ble sels forth the estimalcd sourccs and lIses of funds:
Sources:
Par Amount of Series 2002 Bonds
Plus: Accrued Interest
. Less: 'Original Issue DiscoWlt
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TOTAL SOURCES
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Deposit to Interest AccOlU1t <Accrued lnl.crest)
Costs ofIssuance (1)'
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TOTAL USES
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Reserve Fund Policy Premiurn.~ Undcrwriter's Discount and fees and
expense's of professionals and consultants..
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Dote'
, , April 1
2003
,2004
2005
'.2006
2007'
2008,
2009
,
2010
2011, "
2012
'2013
2014
2015
2016
2017
,2018,
2019
2020
202f
2022
2023
'2024
" ,2025
',2026
"2027
2028
2029
2030
2031
"
Tolals: '
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,DEBT SERVICE SCHEDULE
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I.
SPRING TRAINING FACILITY
Ge,i~,.al, TIle major league baseball Philadelphia Phillies have tmincu in Clcarwah.:r since 1947,
lhe second-longest lcnurc of any Gmpcfmil League team, The Phillics arc the oldcsl, c0J11inuous,
ol1c-namc. one-cily franchise in all of pro fcssiol1a I sporth.
TIle Phillics spring trnining has becn conduclcd at the City-owncd Jack Russell Memorial Sladiwn,
located just north of downtown Clearwater. The stadium is also thc summel' home of the Class-A
Clearwater Phillies 0 f the Florida State League, TIlC sladiwn was buill 1 955 al1d seuts 6,918 and was
named in honor of lhe late Jack Russell, a fonner major leaguc baseball player who, as a City
Commissioner from 1951-55, was the driving force behind the st.1diWll, TIle Phillics lease with lhe City
at Jack Russell Stadium expires in 2003.
.
, "
TIle "Spring Tmining Facility/'bcing financed in part wilh the Series 2002 Bonds, is a ncw baseball
spring training facility comprised of Carpenter Field, at which is locatcd four major league training fields,
a practice lllfield, covered batting twmels, an outdoor bullpen, clubhouse building and a workout/excrcise
building, and a 7,000 seat new baseball stadiwll to replace the existing Jack Russcll Stadium, The ncw
facility, will be used not only for Major League spring training and Minor Leaguc bascball, it \vill also serve
as a facility for.S1. Pelcrsburg JWlior College bascball, local high school ruld ^AU basebull, soccer teams
and othcr community events,
Tlte Use Agreemellt. Pursuant to a Sports Facilily Use Agn=cment, dated as ofDcccmber 31,
2000 (the "Use Agreement"), bctwcenlhe City andl1lc Phillics, a Pennsylvania limited partnership (the
IIPlillliesll), the Phillics will lease the Spring Training Facility for an initial tcnn of20 ycars, wilh options for
up 10 20 years renewals lhcmflcr. TI1C City has agrced to provide $5 million toward construction toward
the anticipated $22 million cost of the Spring Tmining Facilily, while the Phillics hove agreed to provide a
minimum of$3 million toward thc proj~ct, including hiring the projecl architect.
Pursuant to the Use Agreement, the Phillics will pay lhe City, as rcnl, $204.000" The Use
Agreement provides that thc City and the Phillie:; will share lhc revenue for concerts or other special events
the City conducts at the sk1diunuind lhe City 'Will recci vc one-third 0 fthe money from stawtun naming rights
which the Phillics wiU have the right to sell, l11C Cily is obligatcd 10 pay the utililies, stadium mnintenancc
and all security or traffic control necded by the staditun, The Use Agreement provides that the Phillies and
City will share the costs of any County property laxes levied on lhc stadiumj and the City has Ub'1'eed not '
to charge cily propcrty taxes on lhe stadiwn, Pursuant to the Use Agreement, the City will have the use of
. a Il.IX1:llY suite and 12 tickets for all games. TIle Phillics \vill relain all rcvcl1ue from ticket salcs, parking fees,
purchases of corpornte luxury suites, conccssions and sports bar,
fA]
23
TAX EXEMPTION
Fcderal Income Tax Matters
TIle Inlemal Rcvenuc Code of 1986, as amended (lhc "Codc") establishes cCl1ain requircmcnls
which must be met subsequcnt to thc issuancc and delivcry oftlle Series 2002 Bonds in order lltat interest
on the Series 2002 Bonds be and J'Cmain cxcluded from gross incomc for'purposcs of fedcral incomc
taxation. Non-compliance may cause intcrest on the Series 2002 Bonds 10 be included in fcderal gross
income retroactivc to the date of issuance of the Scnes 2002 Bonds regardless of the dale on which such
non-compliance occurs or is ascertained, These requirements include, but arc not limitcd to, provisions
which prescribe yield and other limits within which lhe proceeds of lite Serics 2002 Bonds and the other
amounts arc to be invested and require that ccrtain invcslment camings on the foregoing must be rebatcd
on a periodic basis to the Treasury DepartJ11cnt of the Unitcd States. The City has covenanted in the
Ordinance to comply with such requircmenls in order to maintain the exclusion from federal gross income
ofthe interest on the Series 2002 Bonds,
In lite opinion of Bond Counsel, asswning compliance with the aforementioned covenants, under,
existing laws, regulations, judicial decisions and rulings, interest on the Series 2002 Bonds is excluded from
gross income for purposes of federal income taxation, Interesl on the Series 2002 Bonds is not an itcm of
tax preference for purposes of the fedeml allemalive minimu1l11ax imposed on individuals or corporations;
however, interest on the Serics 2002 Bonds may be subject to the allcrnative minimlun tax whenuny Series
2002 Bond is held by a corporation, The alternative minimum taxable income of a corpomtion musl be
increased by 75% of the excess of such corporation's adjusted cun-cnt earnings over its alternative minimlUll
taxable income (before tltis adjustment and thealtemalive tax net operating loss deduclion). "Adjusted
Current Earningstl will include interest on the Series 2002 Bonds.
, ,
Except as described above, Bond Counsel will express no opinion regarding the fedcral income
tax consequences resulting from the ownership of, receipt or accrual ofinlcrcsl on, or disposition of Series
2002 Bonds. Prospective purchasers of Series 2002 Bonds should be aware lhat t1le ownership of Series
2002 Bonds rnayresull in collateral federal income tax conscqucncesJ including (i) the denial ofa dcrluclion
for interest on indcbtedness incurred or continued to purchase or cany Series 2002 Bonds, (ii) the
reduction of the loss reserve deduction for propcrty and cusualty insuffince companies by 15% of certain
iterns, including interest on the Series 2002 Bonds, (Hi) the inclusion of interest on the Serics 2002 Bonds
in earnings of certain foreign corporations doing business in thtl Unitcd States for purposes of a branch
profits tax, (iv) the inclusion of interesl on Series 2002 Bonds in passive income subjccllo federal income
laxalion of certain S corporations with Subchapter C earnings and profits ut tile close ofthe taxable year,
, and (v) thc inclusionofintcrest on the Series 2002 Bonds in Itmodified udjusled gross income" by recipients
of certain Social Security and Railroad Retirement benefils for purposes of dClennining whcthcr such
benefits arc included in gross income for fcderal income tax. purposes.
I
i
24
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PURCHASE, OWNERSIIIP, SALE OR DISPOSITION OF THE SERIES 2002 BONDS
AND TIlE RECEIPT OR ACCRUAL OF THE INTEREST THEREON MAY HAVE ADVERSE
FEDERAL TAX. CONSEQUENCES FOR CERTAIN INDIVIDUAL AND CORPORATE
REGISTERED OWNERS. PROSPECTIVE SERIES 2002 REGISTERED OWNERS SHOULD
CONSULT WITH THEIR TAX SPECIALISTS FOR JNFORMA TJON IN THAT REGARD,
During reccnt years legislative proposals have been introduccd in Congress, and in some cases
enactcd thal altered certain fedcral tax consequences resulting from the ownership of obligations that are
similar to the Series 2002 Bonds, In some cases these proposals have contained provisions lhat altered
these consequences on a retroactive basis, Such alteration of federal tax conscquences may have affected
the market value of obligations similar to tIle Scries 2002 Bonds. From time to lime, legislative proposals
are pending which could have an effect 011 bolh the federal tax consequcnces resulting from ownership of
Series 2002 Bonds Wld their market value. No assllrance can be given that legislative proposals will not
be introduced or enacted that would or might apply to, or have an adverse effect upon, the Scries 2002
Bonds.
Tax Treatment of Original Issue Discount
Under the Code, the difference between the maturity amount of the Series 2002 Bonds maturing
in the years through, (lhc t1Discount Bondst1) and the initial offcring price to the
public, excluding bond houses, brokcrs or similar persons or organizations acting in lhe capacity of
undclwriters or wholesalers, at whichpricea substnntialamount of Series 2002 Bonds ofthe same maturity
was sold is t,'original issue discount. II Original issue discount will accrue over the tenn of such Series 2002
Bonds at a constant interest rale compounded periodicaIly, A purchaser who acquires such Series 2002
Bonds in the initial offering at a price cqual to the initial offering price thereof to the public will be treated
as receiving an amount ofinterestexcludnble fromgross income for federal income tax putposes equal to
the original issue discounl accruing during the period he holds such Series 2002 Bonds, and will increase
his adjusted basis in such Series 2002 Bonds by the amount of such accruing discounl for purposes of
detennining taxable gain or loss on the sale or other disposition 0 f such Series 2002 Bonds, The federal
!noome tax consequences of the purchase, ownership and redcmplion, sale.or other disposition of the
Series 2002 Bonds which are not purchased in ,lhe initial offering at the initial offering price may be
detennined according to rules which differ from those above. Holdcrs of such Series 2002 Bonds should
consult their own tax advisors with respect to lhe precise detcnnination for fcderal ineome tax purposes
of interest accrued upon sale) redcmption or other disposition of Series 2002 Bonds und with respect to
the state and local tax consequences of owning and disposing ofsllch Series 2002 Bonds.
Tax Treatmcnt of Bond Prcmium
It is anlicipated thal the Series 2002 Bonds maturing in years _ lhrough _ will be offered
at prices in excess of the principal amounl thereof to achievc a yiCld bused uponlhe call dnlc mUlcr than
the maturity date (the Hcallublc Premium Bonds"). Undcr the Code, the exccss of the cost basis of a
25
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Callable Prcmiwn Bond over lhc amoul1t payablc at thc call dalc of thc Callablc Prcmium Bond that
minimizes the yield to a purchaser of a Callablc Prcmiwl1 Bond (olhcr lhan for a bondholdcr who holds a
bond as inventory, slock ~ trade, or for salc to cuslomcrs in the ordinary coursc ofbusincss) is 'gcllcmlly
characterizcd as "bond premiwn," For federal incomc tax. purposes, bond premium is am011izcd over the
period to the call date ofa Callable Premiwn Bond, A bondholder will therefore be requircd to dccrease
his basis inthe Callable Premiwn Bond by the amount ofthc illllortizablc bond premiwn attributablc to each
taxable year he holds such Callablc Premiwn Bond. TIle amotUlt of thc amortizablc bond prcmhun
attributable to each taxablc ycar is dctcmlincd on an actuarial basis at a constant inlerest ratc compounded
one~ch.interest payment date, TIIC amortizable bond premium attributable to a taxablc year is not
deductible for federnl incomc tax purposes,
~ .:
Holders of the Series 2002 Bonds maluring in years _ through _ should consult their own
tax advisors with respect to the precisc octernunation for federal income tax purposes of the treatmcnt of
bond premiwn upon sale, redemption, or other disposition of such Series 2002 Bonds, '
, Florida Tax Matters
. I ~ .
On the date of dclivery of the Scrics 2002 Bonds, Bond Counsel will iSllue an opinion to the cffect
, that Wlder existing statutes, regulations and judicial dccisions, lhe Series 2002 Bonds and the income
therefrom are excmpt from taxation under the law~ o~thc State of Florida, except as to Florida estatc taxes
imposed by Chapter 198, Florida Statutes, as amended, and net incomc and franchisc t.1xes imposed by
Chapter 220, Florida Statutes, as amended.
FINANCIAL STATEMENTS
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,TIle security and source of payment for the Series 2002 Bonds are the Pinellas
County Payments and the State Payments, The financial statements of both the State of
Florida and Pinellas County. Florida have been filed with NRMSTR's in accordance
with respective continuine disclosure oblieations of each. Reference Is hereby made
~uch financial statements on file with the NRMSIR's.
INVESTMENT POLICY
jo
Pursuant to the requirements of Section 218.45, Florida Statutes, thc City adopted a written
investment policy which applies to all fWlds held by or for the bcnefit of the City Commission (except for
proceeds ofbond issues wWcharc deposited in escrow and debt service ftUlds and governed by their bond
docwnents) rind funds of Constilutionul Officers and oUlcr componcnt lUlits of lhc City,
" '
26
The objectives of the investment policy, listc~ in order in ordcr ofil11portancc, arc:
: , 1. Safcly of principal
2~ Provision ofsufiicient liquidily
3. Optimization of~tum within the constrnints ofsnfcly and IiquidilY.
The investment policy limits the securities eligible for inclusion in the City's portfolio, 'TI1C Cily will
, attempt to maintain a weighted average malurity of its investments at or below three years; however, the
average ~tllritY of investments may not exceed four years,' ,
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To enhance safety, the investment policy requires the diversification of the portfolio to reduce the
riskofloss rcsultingfromover-concentrationofassels ina specific class of security. 11le investment policy
also requires the preparation of periodic reports, for the City Commission of all outstanding securities by
" class or type, book value, income earned and market value as of the report date.
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Notwilhstanding thc foregoing, moneys held ill the funds and accounts established under the
Ordinance may be invested only in Pennitted Investments, us described in the Ordinance,
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LITIGATION '
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In the opinion of the City Attorney, there is no pending or threatened litigation reslrnining or
enjoining the issuance or delivery oftbe Series 2002 Bonds or the plcdge of the Pledged Rcvenues or
queStioning or affecting the validityofthe Series 2002 Bonds or the pledge ofthe Pledged Revenues or the
proceedings and authority under which the Series 2002 Bonds arc issued and the Pledged Revenues arc
pledged. Neither the creation, organization or existence, nor the title of the present mcmbers of thc City
Commission ofthc City or other officers of the City to their respeclive offices is being contested,
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The City experiences routine litigation and claims incidentnl to the conduct of its affairs. The City
Attorney is of the opinion that no case either pending or threatened against the City will materially adversely
aftect the ability of the City to meet its obligations to pay the Series 2002 Bonds or will malerinlly adversely
affect the operations or fmancial condition of the Cily,
RATINGS
\,'
Moody's Investors Service ("Moody's") and Standard & Poor's Ratings Services ("S&P") arc
expected to assign municipal bond mlings of" nand" ,n respectivcly, to the Series 2002 Bonds with the
Wlderstill1ding that, upon delivery of the Series 2002 Bonds, a policy insuring the payment when ~ue of the
principal of and interest on the Series 2002 Bonds will be issued by thc Bond Insurer. '
27
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. Suchrnlings reflect the views ofthe respective rnling agcncies and an explanation ofthc significance'
of such ratings may be obtained only from the ruling agencies at the following addresses: Moody's
Investors Service, 99 Church Street, New York, Ncw York 10007, .U1d Standard & Poor's Rating
Service, 25 Broadway, New York, New York 10004, Generally, a rating agency bases its rating on the '
infonnationand materials fumished to it and on il1vesligalions, studies and asswnptions of its own, There
is no assurancc thnt such ratings will continuc for any given period of time or that such ratings will not be
revised downward or withdrawn entirely by the rating agencyconccmcd, if, inthejudgmcnt of such agency,
circumstances so warrant. Any such downward revision or withdrawal of such ratings may have an
advcrse ef1cct upon the market price of the Series 2002 Bonds,
UNDER\VRITING
TIle Series 2002 Bonds arc being purchased by UBS PaineWebber Inc.fAj !llliLS.alomon
Smith Barney Ine.. the Undenn;ters, fium the City at an aggregale purchase price of$ (par
less underwriter's diSCOWlt of $ , plus accrued intercst on the Series 2002 Bonds), TIle f'i
Undenvriters arc obligaled to purchase all the Series 2002 Bonds if any are purchased, Following the
initial public offering, the public offcring prices may be changcd from time 10 timc by the f9
Un denvritcrs "
FINANCIAL ADVISOR
The Financial Advisor for the City is Banc of America Securitics LLC, with officcs located at 1640
'Gulf-to-Bay Boulevard, Clearwater, Florida 33755, telephone number (727) 462-5804,
LEGAL OPINIONS
Legal matters incident to the authorization, issuance and sale ofthe Series 2002 Bonds are subject
to the approval of Bryant, Miller and Olive, P,A., Tallahassee, Florida, Bond Counscl, whose approving
. opinion 'will be printed on the Series 2002 Bonds and will be in substantially the form sct forth in
APPENDIX E, Certain other legal matters will be passed upon for lhe City by Panlela K. Akin, Esquire,
CitY Attorney and by Nabors, Giblin & Nickerson, P ,A.~ Tampa. Florida, Disclosure Counsel to the 9ity,
ENFORCEABILITY OF REMEDIES
The remedies available to the Holders of the Series 2002 Bonds upon an Event of Dcfhult wlder
the OrdimUlce are in many respects dependent upon judicial aclions which are oftcn subject to discretion
and delay. Under existing constitutional and statutory law and judicial decisions, the remedies specified by
the Ordinance may not be readily available or may be limited, TIle various legal opinions to be delivered
concUITently with the delivery of the Series 2002 Bonds will be qualified, as 10 lheenforceabilily of the
various legal instruments, by limitations imposed by bankruptcy, reorganization, insolvency or olhcr similar
28
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laws anccting lhc rights of crcditors cnacted bcfore or aflcr such dclivcry. The remcdies granted 10 lhe
Bondholders under lhc Ordinance do nol includc the powcr 10 accclcralC lhc principal of lhe Series 2002
Bonds. '
DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS
Section 517.051, Plorida Statules, as amended, and lhe regulations promulgaled thereWlder (the
"Disclosure Actlt) require that thc City make a fulltU1d fair disclosure ofany bonds or othcr debt obligations
that it has issued or guaranteed and that arc or have bcen in default as to principal or intcrest at any time
after December 31, 1975 (including bonds or other debt obligations for which it has served only as a
conduit issuer such as industrial developmcnt or private activily bonds issued on behalf of privatc
businesses). The City is not and has not since Decembcr 31, 1975 been in default as to principal and '
interest on its bondS or other debt obligations (see, however, disclosure which is being made in the next
parngrnph related to conduit indebtedncss).
Thc City hereby makcs the following disclosure regarding a default on an issue of industrial
development bonds not related to any direct indebtc~ess of the City, as it is aware ofa prior default in
1990 with rcspect to an issue ofindustrial revcnue bonds for which the City served only as a conduit issuer, '
The City was not liable to pay the principal 0 for inleresl on such bonds cxcept from payments made to it "
by the private company on whose behalf such bonds were issued and no fimds of the City were used to
pay such bonds or the interest thereon, Although the City is not aware of any other defaults with respect
to bonds or other debt obligalions as to which it has served only as a conduit issuer, it has not Wldertaken
an independent review or investigation of such bondS or other debt obligations,
ADVISORS AND CONSULTANTS
The City has retained advisors and consultanls in connection wilh the issuancc of the Seties 2002
Bonds, These advisors and consultants are compensated from a portion of the proceeds of the Series
2002 Bonds, identified as ItCosts ofIssuance" tUlder the heading "ESTIMATED SOURCES AND USES
OF FUNDS It herein; and such compensation, is, in some instances, contingent upon the issuance of the
Bonds and the receipt of the proceeds thereof.
Financial Ad.'isor. The Cily has relained Bane of America Securities LLC, Clearwater, Florida,
as financial advisor (the "Financial Advisor") in connection \vilh the preparalion of lhe Cily's plan of
firiancing and with rcspecl to the authorization and issuance of the Series 2002 Bonds, TIle fccs ofthc
, Financial Advisor will be paid from procecds of the Series 2002 Bonds and such payment is contingent
upon the issuance of the Series 2002 Bonds.
29
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Boud Cmlllsel. Brynnl, Miller and Olive, P,A, Tallahassee, Florida represents lhc City as Bond
COWlScJ. Thc fees of Bond Counsel will bc paid from proceeds of lhe Bonds, and such paymcnt is'
contingent upon the issuance ofthc Bonds,
Disclosure Coullsel. Nabors, Giblin & Nickerson, P.A., Tampa, Florida represents lhe City as
Disclosure Counsel. 11te fees of Disclosure Counsel will be paid from proceeds of the Bonds, and such
payment is contingent upon the issuanc~ of the Bonds.
CONTINUING DISCLOSURE
The City has covenanted for the bcnefil ofthe holders and beneficial ownerS of the Series 2002
Bonds to provide certain fmancial infonnation and opemting data relating to the City by not later than JlUle
30' in each year commencing June 30, 2002 (the "Annual Report"), and to provide notices of the
occurrence of certain enwnerated evenlS, ifdeemcd by lhc City to be material. The Annual Report will be
filed by the City with each Nationally Recognized Municipal Seeuritics Information Reposilory
(''NRMSIR'')~ andwiththe State of Florida Repository, ifnnd when created. The notices of material events
will be moo by the City with the NRMSIR and with the State of Florida Repository, ifand when created,
The City has covenanted to obtain and cause to be filed with the NRMSIR the gcneml pwpose fiI1<'lI1cial
stalcmcnts of PineUns County, Florida and the State of Florida, in the event that either cease to oilieIWise
be subject to continuing disclosure requirements requiring such mings. The form of Continuing Disclosure
Certificale containing the specific nature of the infonnation to be contained in the Annual Report or ilic
, ,
notices of material events appears in "APPENDIX F - FORM OF CONTINUING DISCLOSURE
CERTIFICA TE.n These covenants have been made in order to assistthe Underwriter in complying ~th
S,E,C. Rule 15c2-12(b)(5). 111e City has never failed to comply in all material respects with any previous
'undertakings with regard to said Rule 10 provide annual reports or notices of material events.
CERTIFICATE CONCERNING OFFICIAL STATEMENT
Concurrently with the delivery of the Series 2002 Bonds, the City will furnish its certificate~.
exccuted by the Mayor or Vice-Mayor of the Cily, to lhe effect that, to lhe best of his or her knowledge,
this Official Statement, as of its datc and as of the date of delivcry of the Series 2002 Bonds, does nol
contain any untrue stalemcnts of male rial fact and docs nol omit 10 stale a malerial fact which should be
included herein for the pwpose for which this Official Statement is to be used, or whieh is nccessary 10
make the statements contained herein, in the light of the circumstances lmder whieh they were made, not
misleading.
30
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MISCELLANEOUS
The references, CXCCrP1S and summaries of all documents, resolutions and/or ordinances referred
.. to herein do not purport 10 be complete stalcl11cnts ofthe provisions of such documents, reSolutions and!~r
ordinances and refcrence is direetcd 10 nIl such dOCU1l1enlS, resolutions and/or ordinances for full and
complele statements' of all matters of fact relating to the Series 2002 Bonds, the security for and the
repayment o~ the Serics 2002 Bonds and the rights and obligations oftl1c I~olders thereof. Copics of such
documentS, resolutions and ordinanccs may be obtaincd from the City Clerk's Office,
So far as any statements made in this Official Statement involve matters of opinion or of estimates,'
whether or not expressly staled) they' are set forth as such and' not as representations of fact: No
. representation is made that any of such stalemcnis will be realized, Neither tIns Official Statemenl nor any ,
~tatement which may have becn orally or in writing is to be construed as a contract with the Holders of the
Series 2002 Bonds.
The cxeeution and delivery ofthis Official Statement by the' Mayor-Commissioner of the City has '.
been duly authorized by the City Conu11.ission. ,
CITY OF CLEAR\V A TER, FLORIDA
Brian 1. Aungst, Sr.)' Mayor-Commissioner
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WiIlirun B. Home, II, City Manager
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31
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APP~NDI4 A
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, GENERAL INFORMATION REGARDING THE CITY
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FORl\1 OF BOND COUNSEL OPINION
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THE ORDINANCE
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THE INTE~OCAL AGREEMENT'
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',SPECIME~,BONI) INSURANCE POLICY,
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FORM OF CONTINUING DISCLOSURE CERTIFICATE
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CONTINUING DISCLOSURE CERTIFICATE
This Conlinuing Disclosure Certificate (lhc "Disclosure CCltificate") is exccuted anu delivereu by
the Cily of Clearwater, Florida (the "Issllcr") in conncclion wilh lhc issuance of its $24,725,000
Stonnwatcr Revenue Bonds, Series 2002 (the uScrics 2002 Bonds"). Thc Scries 2002 Bonds are being
issued pursuant to Chapter 166, Part II, Florida Stntulcs, City Home Rule Ordinance 6675.01, cllucteu
January 18, 2001, as amended by Ordinancc 6854-0 I cnactcd on Scptembcr 6, 200 I and Ordinance
70 I 6-02 ena~led on August 22, 2002 (the "Ordinance"), as may be further amended rUld supplcmeriled,
and other applicablc provisions of law (collectively the" Act"), and City ofClcarwulcr Rcsolution No. 02-
43, adopted August 22, 2002, as amended and supplemenled (the "Rcsolulioll").. The Issucr covcnants ,
and agrees as follows:
SECTION 1. PURPOSE OF DISCLOSURE CERTIFICATE. This Disclosure
Certificate, is being executed and delivered by lite Issucr for the benefit ofthc Series 2002 Bondholdcrs
and in order to assist the original underwriters of the Serics 2002 Bonds in complying with Rule 15c2-
12(b)(5) promulgated by lhe Securilies and Exchange Commission C'SEC") pursuant to thc Securities
Exchange Act of 1934 (the "Rule"),
SECTION 2. PROVISION OF ANNUAL INFORI\'IATION. Except as othcrwise
provided herein" the Issucr shall insure that there is provided to all of the nationally recognized m\U1icipal
securities infonnation reposilories describcd in Section 4 hereof (the "NRMSIRs"), and to any stale
infonnation depository that is established withi~ lhe State of Florida (the "SID"), on or bcfore June 30 of
each year, commencing June 30, 2003, the infonnotion sel forth below in this Section 2,
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(A) the Comprehensive Annual Financial Report for the immcdiatelyprcccding Fiscal Y car (the
"CAFR") for Pinellas Counly, Florida (the "COWlly") and the Statc ofFloridu (the t1Stnte"), which shall
include the audited financialstatcmcnts ofthc County and State, respectively, for the immedialely preceding
Fiscal Year prepared in accordance with Gcncmlly Acceplcd Accounting Principles, as modified by
applicablc State of Florida requirements and the govemmcntal accountil1g standards promulgated by the
Govenuncnt AccoWlting Standards Board; provided, however, if such audited financiulstatements arc not
completed prior to April 30 of any year, the Issucr shall attempt to provide \mauditcd financial stalemcnts
of eithcr the COwlty or the State, as applicable, on such dale rUld shall cause to be provided thc audited
fmancial statemcnts as soon as prnclicable following lheir complclioll; and
(8) to the cxlent not set forth in the CAFR of the Cuunly or the Slale, additional financial
illfonnalion and operaling datu of the type includcd wilh respect to lhc Issllcr in lhe finul ofiicial sUllcmellt
prepared in connection with the sale 'and issuance ofthe Scrics 2002 Bonds (as mnended, thc "Oflicial
, Statemcnt"), as set forth below:
I. Upuntes of lhe fil1unciul infonnation scl forth in lhc OOidal Stalc::mcnt undcr the '
, 5ubcaplions "Collection and Dislributions oi'thc GCl1cml Sales 11I1U Use Tax Fiscal Years Ended
JWlC 30, 1991 through JWle 30, 2002"Jt under tllC principal caption "Stale Paymcnls" (for thc lhen-
inunediatcly preccding ten fiscal ycurs),
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2, Description of any additional indebtedness payable in whole or in pm1 from the
Pledged Revcnucs (as defincd in thc Ordinance).
3, ' Any other financial infonllolion or opemling datu ofthe type includ~d in tllC Official
Slalement which would be matcrial to a holder or prospcctive holdcrs of the Series 2002 Bonds.
F~r purposes of Olis Disclosure Ccrtificnle, ItFiscal Yearlt means thc period commencing on
October I and ending on Septcmber 30 of the ncxt succeedi.ng ycar, or such other period of time provi~ed
by applicable law,
SECTION 3~ REPORTING SIGNIFICANT EVENTS. Thc Issuer shall provide to '
lhe ~SIRs or the Municipal Securities Rulemaking Board (the "MSRB") and to the SID) on a timely
basis, notice of any of the follovving events, if such event is material wilh respect to the Series 2002 Bonds
or the Is!suers ability to satisfY its payment obligations with respcct to lh<r Serics 2002 Bonds: '
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(A) Principal and interest payment deliIlquencies;
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(B)
Non~payment related defaults;
(C) Unscheduled draws on the debt service reservc timd reflecting financial di~culties;
(0) Unscheduled draws on credit enhanccment reflecting fmancial difficullies;
(E) Substilution of credit or liquidity providers, or their failure to perfonn;
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(F)
Adverse tax opinions or events affccting the tax~exempt status ofthe Series 2002 Bonds;
(G)
Modifications to rights of Series 2002 Bondholders;
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Redemptions;
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Dcfeasances;
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Release, substitution, or sale ofpropcrty securing rcpaymenl of the Series 2002 Bonds;
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(K) Rating changes; and '
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(L) Notice of any failure on the part of the Issuer or any othcr Obligatcd Pcrson (as dclincd
herein) to meet the requirements of Section 2 hereof.
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The Issucr may from time to time, in its discretion, choose to provide notice or the occurrence or
certain other evcnts, in addilion, to those Iistcd in this Section3, i~ in tllC judgment ofthe Issuer, such olher
events are matcrial with respcct to the Series 2002 Bonds, bul the Issuer docs not specifically undel1ake
to Commit to provide nny such additional nolice ofthc occurrence ofrmy materiolevent except those evcnts'
. listed above. ' ' ,
Whcnever, the Issuer obtains knowledge of thc oc~urrcncc of a significant cvcnt described in this
Seclion 3, the Is~uer shall as soon as possiblc dctcmiine ifsuchc\'cnt would be mnterialtmder applicable
federal securities law to holders of Series 2002 Bonds, provided, thal any evcnt under clauses (D), (E),
(F), (K) or"(L) abovc will always be deemed to be material.
SECTION 4. , NRMSIRs. The NRMS]Rs to which the Issucr shall provide the
infonnationdescribed inSeclions 2 and 3 above, to the extent required, shall be the following organizations,
, their successors and assigns: '
"
Bloomberg Municipal Repository
100 Business Park Drive
Skillman, New Jersey 08558
Phone: (609) 279-3225 " ,
Fax: (609) 279-5962
Emnil: Munis@Bloombcrg.com
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DPC Data Inc.
One Executive Drive
'Fort Lee, NJ 07024
Phone: (201) 346~0701 '
Fax: (201) 947-0107
Email: nnnsir@dpcdnta.com
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FT Interactive Duta
. Attn: NlUvlSIR
100 William Street
New York, New York 10038
Phone: (212) 771 ~6999
Fax: (212) 771-7390 (Secondary Market Info~ation)
, (212) 77]-7391 (Primary Market Infonnation)
Email: NRMSIR@~ID.com
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Standard & Poor's 1. J, Kenny Repository
55 Water Strccl
45th Floor
New York, NY 10041
Phone: (212) 438-4595
Fax: (212) 438-3975
Email: nnnsicrcpositOly@sandp.com
(F) Any NRMSIRs that are eSlablished subscqucntly and approved by the SEe,
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,(G) A listoflhe names and addresses ofaUdesignated NRMSIRs as ofany datc lnaycurrently
be obtained by calling the SEes Fax on Demand Service at 202/942-8088 and rcquesting documcnt
number 0206,
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SECTION S. NOEVENTOFDEFAULT. Notwithsk'Uldinganyotherprovisioninthe
Ordinance to the contrnry, failure of the Issuer to comply with the provisions ofthis Disclosure Certificate
shall not be considered an event of default under the Ordinance; provided, however, any Series 2002
Bondholder may take such actions as'may be necessaryWld appropriate, including pursuing an action for
mandamus or specific perfonnance, as applicable, by court order, to cause the Issuer to comply with its
obligations hereunder, For purposes of this Disclosure Certificate, "Series 2002 Bondholder" shall mean
an)' person who (A) has the power, direclly or indirectly, to vote or conscnt with respect lOt or to dispose
of ownership oJ: any Series 2002 Bonds (including persons holding Scries 2002 Bonds through nomincest
depositories or other intennediaries)t or (B) is treated as the owner of any Series 2002 Bond for federal
income tax purposes,
SECTION 6. INCORPORATION BY REFERENCE. Any or all of the infonnation
required herein to be disclosed may be incorporatcd by reference from other documcnts, including official
statements or debt issues of the Issuer of related public entities, whieh have been submitted to each of the
NRMSIRs and the SID, ifany, or the SEC, If the document incorporaled by refcrence is a final official
statement, it must be available from the MSRB, The Issuer shall clearly idcntify cach document
, incorporatcd by reference.
SECTION 7. DISSEMINATION AGENTS. The Issuer may, from time to time,
appoint or engage a dissemination agent to assisl it in canying out its obligatiol15 lmder this Disclosure
Certificate, and maydischarge any such agent, wilhor without appointing a successor disseminating agcnt.
SECTION 8. TERMINATION. The Issuers obligations undcr lhis, Disclosure
Certificate shall tcnninate upon (A) the legal defeasance, prior redemption or payment in filiI of nil of the
Series 2002 Bonds, or (B) the tennination of the continuing diselosurc requirements of lhc Rule by
legislativc, judicial or administrative a,clion,
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SECTION 9. AMENDMENTS. NotwithshUlding any other prOVISion of this
Disclosure Certificate, the Issuer may lUnend this Disclosure Certi ficatc, and any provision may be waived,
ifsuch runendment or waivcr is supported by an opinion of COlUlScl that is nalionally recognized in the arca
of federal securities laws, to the effect that sueh amcndmenl or waivcr wOldd nOl, in and of itsel f, cause the
tindeltakings herein to violate the Rule ifsuch'amendment or waiver had been efTcclivc on the datc hereof
but taking into accoWlt any subsequent changc in or official interpretation ofthc Rule,
,SECTION 10. ADDITIONAL INFORMATION. Nothing in this Disclosure Certificate shall
be deemed to prevent the Issuer fromdisscminaling any other infonuation, usmg the means ofdisseminalion
'set forth in this Disclosure Certificate or 'any other means of communication, or including any other
infonnation in its annual information described in Section 2 hereof or notice of occurrence of a significant
event described in Section 3 hereof, in addition to that which is required by this Disclosure Certificale, If
the Issuer chooses to include any infonnation in its annual illfonnation or notice of occurrence of a
significant event in addition to that which is ,specifically required by this Disclosure Certificate, the Issuer
shall have no obligalion Wlder this Disclosure Certificate to upda'te such infonnation or include it in its future
annual infonnation or nolice of occurrence of a significant event.
SECTION 11.0BLIGATED,PERSONS. Jfnny person, other than the Issuer, becomes an
Obliga~ed, Person (as defined in the Rule) relating to the'Series 2002 Bonds, the' Issuer shall use its best
efforts to require such Obligated Person to comply with all provisions of the Rule applicable to such
Obligated Person, '
, Daled as of September ,2002
A TIEST: I'
CITY OF C,LEAR\V A TEn, FLORIDA
By:
M,aycir
City Clerk
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'MUNICIPAL B.OND DEBT 'SERVICE RESERVE'INSU,RANCE POLICY
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Resolution 02.43
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.NIBIA
COMMITMENT TO ISSUE A
I1'INA.NCIAL GUARANTY INSURANCE POLICY
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Appliclltion No,: 2002-005793-0 I
Sale Date: August, 2002 (T)
Program Type: Negotiated-DP
Re: $14)825,000 (est.) City of Clearwater, Florida, Revenue Bonds (Spring Training
'Facility)) Series 2002
(the "Obligalions")
This commitment to issue a financial guaranty insurance' policy (the "Commitment")
datcd August 1,2002, constitutes'an agreement between CITY OF CLEARWATER, FLORIDA
(the "Applicant") and MBIA Insurance Corporation (the "Insurer")) a stoek insurance company
incorporated under the laws ofthe State of New York. " "
Based, on an approved application dated' July 23, 2002, the Insurer agrees, upon
satisfaction of the conditions herein, to issuc on the earlier of (i) 120 days of said approval datc
or (ii) on the date of delivery of and payment for the Obligations) a financial guaranty insurance
policy (the upolicyU) for thc Obligations, insuring the paymcnt of principal of and interest on the
Obligations when due, The issuance of the Policy shall be subject to thc following tenns and
conditions:
1. Payment by the Applicant, or by the Trustee 'on bchalf of the Applicant, on the date
of delivery of and payment for the Obligations, of a nonrefundable prcmium ~n the amount of
0.3400% of total debt service, premium rounded to the ncarest thousand, The premium set out
in this paragraph shall be the total premium required to be paid on the Policy issued pursuant to
this Commitment.
2. Thc Obligations shall havc received the unqualified opinion of bond counsel w:ith
respect to the tax-exempt status of interest on the Obligations,
3. There shall have been no material advcrse change in the Obligations or the
Resolution, Bond Ordinance, Tmst Indenture or other official document authorizing the issuance
of the Obligations or in the final official statemcnt or other similar document, including the
financial statements included therein.
4. There shall have been no material adverse change in any infonuation submitted to
the Insurer as a part of the application or subsequently submitted to be a part of the application
to the Insurer,
5, ., No evcnt shall have occurred which would allow any underwriter or any other
purchaser of the Obligations not to be required to purchase the Obligations at closing,
6. A Statemcnt of Insurance satisfactory to the Insurer shall be printed on the'
Obligations,
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7. , Prior to the delivery of and paymcnt for the 'Obligations, none of thc infornlUtion or
documents submitted us, a part of the application to the Insurer shall be dctermined to contain
any untme or misleading statement of nmaterial fact or fail 10 stalc a'material fact required to
be stated therein or necessary in order to illake the statements contained thc~ein not misleading.
, 8. ,No material advcrse change affecting' any sccurity for the Obligations shall have
occurred prior to the delivery of and payment f<;>r the Obligations.
',9. This Commitrnent may be signed in counterpart by the parties hereto.
10. Compliance with the Insur~r's Gen~r~1 Document Provisions (see attached). ,
1 L Compliance with the Insurer's List of Permissible Investments for Indentured Funds
(see attached), '
, I 2, ~&P rating of 'A' or, above.
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- 13. A City Covenant to Budget and Appropriate to replenish llle debt service reserve
"fund,' ,
Dated this 1 sf d~y of August, "2002.
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CITY OF CLEARWATER, FLORIDA
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GENERAL DOCUl\IENT PROVISIONS
A, Notice 10 the Insurer The basic legal documents must provide that any notices required to
be given by any party should also bc given to thc Insurer, Alln: Insured Portfolio '
Management.
B. Amcndmcnts. In the basic legal doeumcnt, thcrc arc usually two mcthods of amendment.
The firsl, which typically does not rcquirc thc conscnt of thc bondholders, is for
amendmcnts. which will curc ambiguitics, correct fonnal dcfccts or add to the security of
the financing. Thc second, in which bondholder conscnt is a prcrequisite, covers lhc more
substantive types of amcndments, For all financings, the Insurcr must be given notice of
any amendmcnts that are of the first typc and the Insurer's conscnt must be required for all
amendmcnts of thc sccond type. All documents must contain a provision which requires
copies of any amendments to such documcnts whieh arc consented to by the Insurer to be
scnt to Stan4ard & Poor's,
C. Supplemental Lc,gal Document. If lhc basic Icgal document provides for a supplemental
legal document to be issued for reasons other than (1) a refunding to obtain savings; or (2)
the issuance of additional bonds pursuant to an additional bonds test, there must be a
requirement that lhe Insurer's consent also bc obtained prior to the issuancc of any
additional bonds and/or execution of such supplemental legal document.
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D. Events of Default Ulld Remcdies. All documents nonnally contain provisions which define
, the events of default and which prcscribe thc remedies thal may be exercised upon lhc
occurrence of an event of dcfault. At a minimum, events of default will be defined as
follows:
1. the issuer/obligor fails to pay principal when due;
2. the issuer/obligor fails to pay interest when due;
3. the issuer/obligor fails to observe any other covcnant or condilion oCthe document
and such failure continues for 30 days and
4, the issuer/obligor declares bankruptcy,
The Insurer, acting alone, shall havc thc right to direct all remedies in the event of a default. The
Insurcr shall be recognized as the registered owner of each bond which it insures for the purposes
of cxercising all rights and privilcges availablc to bondholders. For bonds which it insures, the
Insurer shall have the right to institute any suit, action, or proceeding at law or in cquity under,
the same tcnns as a bondholder in accordance with applicable provisions of the governing
documcnts, Other than the usual redcmption provisions, any acceleration of principal payments
must be subject to the Insurer's prior written consent.
E. Dcfeasance requircs the ,deposit of:
1. Cash
2, V,S. Treasury Ccrlificates. Notcs and Bonds (including State and Local Govemment
Series -- n SLGslI)
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3. Dircct obligations oflhc Treasury which have been stripped by the Treasury itself,
CATS, TIGRS and similar securities
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4, Resolution Funding Corp, (REFCORP) Only the interest component of REF CORP
strips which have bccn strippcd by rcql1csl to the Federal Reserve Bank of New York in
book entry foml arc acceptable,
, 5, Pre~refunded municipal bonds rated "Aua" by Moody's and "AAA" by S&P. If
however, the issue is only rutcd by S&P (i.e., there is no Moody's rating), then the pre-
,refunded bonds must havc been pre*refundcd with cash, direct V.S. or V,S, guaranteed
obligations, or AAA rated prc~reful1llcd municipals to salisfy this condition,
'(;, Obligations issued by the following agencies which arc backed by the full faith and
credit of the V.S,:
a, V.S: Export-Import Bank (Eximbank)
Direct obligations or fully guaranteed certificates of beneficial ownership
b, Fanners Homc Administration (FmHA)
Certificates of beneficial ownership
c. ' Federal Financing Bank
d, Gcneral Services Administration
Participation certificates
e. V,S. Maritime Administration
Guaranteed Title XI finilncing
f. V.S, Deoartment of Hou'sing and Urban Development (HUD)
Proj~ct Notes '
Local Authority Bonds
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New Communities Debentures - U.S. government guaranteed debentures
V.S, Public Housing Notes and Bonds - U.S. government guaranteed public
housing notes and ~onds
F. Agents:
1. '. In transactions where there is an agent/enhancer (other thim the Insurer), the trustee,
tender agent (if any), und paying agent (i f any) must be commercial banks with trust
ppwers;
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2. The rcmurketing agent must have trust powcrs if they arc responsible for holding
moneys or receiving bonds. As an nltemative, the'documents may provide that ifthe
rcmarketing agent is removed, resigns or is ,unable to perform its duties, the trustee
must assume thc responsibilities ofrcmurketing agcnt until a substitute acccptable to ,
thc Insurer is appointed,
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LIST OF PERMISSIBLE INVESTMENTS FOR INDENTURED FUNDS
A, Direct obligations of the United Stales of America (including obligations issued or held in
book~cntry fonn on the books of the Department of the Treasury, and CATS and TIGRS)
or obligations the principal of and intcrcsl 011 which arc unconditionally guaranteed by the
, United States of America,
B. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of
the following federal agencies and provided sllch obligations are backed by the full faith
and credit of the United Stat~s of America (stripped securities arc only pennitted if they
have been stripped by the agency itself):
1. ' D,S. Export~Import Bank (Exiinbank)
Dir~ct obligations or fully guaranteed certi ficates of beneficial ownership
2, Fanners Home Administration (FmHA)
Certificates of beneficial ownership
3. Federal Financing Bank
4. Federal Housing Administration Debentures (FHA)
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5. General Services Administration
Participation certificates
6. Government National Mortgage Association (GNlvIA or tlGinnie Mae")
GNMA - guaranteed mortgage~backed bonds,
GNMA - guaranteed pass~through obligalions
(not acceptable for cC11ain cash-flow scnsitive issues,)
7, V,S, Maritime Administration
Guaranteed Title XI financing
8, V,S.' Department of Housing and Urban Development (HUD)
Project Notes
Local Authority Bonds
New Communities Debentures - U.S, government guaranteed debentures
V,S. Public Housing Notes an,d Bonds - U.S, government guaranteed public housing
notes and bonds
C. Bonds, debentures, notes or other evidence of indebtcdncssissucd or guaranteed by any of
the follO\ving non-full faith and credit U.S, goycmment agencies (stripped securities are
only pemlitted ifthcy have bcen stripped by the ugency itself):
1, Fedcral Home Loan Bank System
Scnior debt obligations
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.MBIA
2, Federal Home Loan Mortgage Corporation (FHLMC or HFrcddie Mac")
Participation Ccrli ticatcs
Senior debt obligations
3., Federal National Mortgage Association (FNMA or lIFannic MacH)
, Mortgage~backcd securitics and scnior debt obligations
4. Student Loan Marketing Association (SLMA OJ' ItSallie Maelt)
Senior dcbt obligations
S. Resolution Funding CQrn, (REFCORP) obligalions
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6. Farm Credit System
Consolidated systemwide bonds and notes
D. Money market funds registercd under the Federal Investment Company Act of 1940, whose
shares are registered under the Federal Securities Act of 1933, and having a rating by S&P
of AAAm~G; AAA-m; or AA~m rind if rated by Moody's rated Ann, AnI or Aa2.
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E., Certificates of deposit secured at all ,times by collateral described in (A) and/or (B) above.
Such certificates must be issued by commercial banks, savings and loan associations or
mutual savings banks, The collatcral must be held by a third pm1y and the bondholders
must have a perfected first security intcrest in the collateral.
F. Certificates of deposit, savings accounts, deposit accounts or money market deposits which
are fully insured by FDIC, including BIF and SAIF,
G, Investment Agreements, including GIe's, For,v~iiJ Purchase Agreements and Reserve Fund
Put Agreements acceptable to MBIA (Investment Agreement criteria is available upon
request),
H, Commercial paper rated, at the time of purchase, "Prime - 111 by Moody's and itA_lit or bctter
by S&P.
I. Bonds or notes issucd by any state or municipality which are rated by Moody's and S&P in
one of the two highest rating categorics assigned by such agencies.
J. . Fcderal funds or bankcrs acceptanccs with a maximum tcnll of one year of any bank which
has an unsccured, uninsured and unguaranteed obligation rating of "Prime - lit or "A3" or
bettcr by Moody's and lIA~]" or lIAu or better by S&P.
K. Repurchase Agreements for 30 days or less must follow lhe following criteria. Repurchase
Agreements which excced 30 days must be acceptable to MBIA (criteria availuble upon
'request) ,
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Repurchase agrcements providc for the transfer of securities from a dealcr bunk or securities
finll (seller/borrower) to u municipal entity {buyer/lender}, and the transfer of cash from a
municipal 'entity to the dealer bank or securities finn with an agreemcnl that the dealer bank
.lMBIA
or securities finll will repay the cash plus a yield to the l11unicipnl entity in exchange for the'
securitics at a spcci~cd date.
I. Ropos must be between the municipal entity and a dealcr bank or sccuritics linn
n. Primary denlcrs on thc Fedcral Rcscrve rcporting dealcr list which nrc rated A or
bcttcr by Standard & Poor's Corporation and Moody's Invcstor Scrvices, or
, b, Bnnks ratcd "A" or above by Standard & Poor's Corporation and Moody's
Investor Services,
2, The writtcn rcpo contracl must include the rolIowin~:
a" Sccurities which arc acceptable for transfer arc:
(I) Direct U.S. governments, or
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"(2) Federal agencies hacked by thc full faith rind credit of the U.S. government
(and FNMA & FHLMC)
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b. "The tenn of tile rcpo may be up to 30 days
c. The collateral must be d~livered to the municipal entity, trustee (if tmstee is not
supplying the collateral) or third party acting as agent for the tmslee (if the trustee
is supplying ,the collateral) before/simultaneous with paymcnt (perfection hy
possession of certificated securities),
d.
Valualion of Collateral
(I) , The securities must be valued weeklv. marked-to-market at current market
price plus accrued interest
(a) The value of collateral must be equal to 104% of the amount of cash
transferred by the municipal entity to the dealer bank or security fiml
under the repo plus accrued inlerest. If the value of securities held as
collateral slips below 104% of lhe value of the cash transferred by
municipality, then additional cash and/or acceptable securities must be
trnnsferrcd, If, however, the securities used as collateral arc FNMA or
FHLMC, lhen the, value of collatcral mtlst equal 105%.
3. I~cgal opinion which must be delivercd to the municipal cl1tily~
a, Rcpo meets g~lideJincs undcr state law for legal investment of public funds.
Additional Notes
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(i) ,There is, no list of pcmliltcd investments for non. indentured funds; Your own
credit judgment and the relevant circlimstanccs (e.g" anlount 0 f investmcnt and
timing ofinvestmcnt) should dictatc what is pcnl1issibl~.
(ii)
Any state administercd pool .i,nvcstment fund in which the issuer is statutorily
pemlitted or rcquircd to invest win be deemed n pcmlittcd investmcnt.
DSRF investmcnts shollld be valucd at fair market value and marked to market at
least once, per year. DSRF, .investments may' not have maturities extending.
. beyond 5 -years, except for Investment Agreements approved by the Insurer. ' ,
(iii)
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MBIA
COMMITi\IENT TO ISSUg A
DEBT SERVICE RESERVE SURETY BO~D
Application No.: 2002-005793-02
Salc Datc: August, 2002 (T)
Program Type: Negotiatcd-DP
RE: $1,482,500 (est.) Debt Service Reserve Fund for thc $14,825,000 (cst.) City of
Clearwater, Florida, Revenue Bonds (Spring Training Facility), Scries 2002
(the "Obligationsll) ,
This commitment' to issue a debl service reserve surety bond (the "Commitmcnt1t)
constitutes an agreement betwcen CITY OF CLEARWATER, FLORIDA (the "Applicant"), and
MBIA Insurance Corporation (the IIInsurcrlt), a stock insurance conipany incorporated undcr the
laws orthc Statc ofNcw York,
Based 011 an approved application dated July 23, 2002, the Insurcr agrees, upon
satisfaction of the conditions herein, 10 issue on thc curlier of (i) 120 days of said approval dute
or (it) on the date of delivery of and payment for the Obligations, a debt service reserve surety
bond (the IISurety Bond"), for the Obligations, guaranteeing the payment to the issuer of up 10
$1,482,500 (est.) City of Clearwater, Florida, Revenue Bonds (Spring Training Facility) Series
2002 on the Obligations, Thc issuance of thc Surcty Bond shall be subject 10 the following
tenns and conditions:
1. Payment by the Applicant, or by the Trustee on behalf of the Applicant, on the datc
of delivery of and payment for the Obligations, of a noiuefundable premium in the amount of
2.000% total debt service reserve fund, prcmium rounded to the nearest thousand. The premium
set out in this paragraph shall be the total premium requircd to be paid on the Policy issued
pursuant to this Commitment.
2, Thc Obligations shall have reccived the unqualified opinion of bond counsel with
respe~t to the tax-exempt status of interest on the Obligations,
3. There shall have been no material adverse change in the Obligations or the
, Resolution, Bond Ordinance, Trust Indenture or other official document authorizing the issuance
of the Obligations or in the final official statement or other similar document, including the
financial statcmcnts included therein. '
4. Thcre shall have been no material adverse change in any infonnation submitted to
the Insurer as n part ofthe Application 01' subsequently submitted to be a part of the Application
to the ]nsurer.
5, No evcnt shull have occurred which would allow any underwriter or any olher
purchaser ofthe Obligations not to bc requircd to purchasc the Obligalions at closing.
6, Prior to the delivery of mul payment for thc Obligalions, none of the information or
documcnts submitted ns n pnrl of the Applicntion to the Insurer shall be determined to contnin
any untrue or mislcading stnlcmcllt of a material filet or fuilto stale a material fact required to bc
stated thcrcin or necessary in ordcl' to make the statements contained therein not misleading.
7, No material ndversc change affectinguny security for the Obligations shall have
occurred prior to the (Ielivery 0 f and payment for the ObI igations.
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: 9, ,Co~plianc~ with the Insurcr'~ TC,nn Sheel for Debt ~ei~ice Reserve Fund, Progrnm
(see' Attachment A), ' ,
Dated this,lst day of August, 200~.
MBIAInsurance Corporation,
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(Attachment A)
TERM SHEET FOR DEBT SERVICE RESERVE FUND PROGRAM
Introduction
The Insurcr can, undcr certain circllmstances, issllc a dcbt scrvicc rcservc fund surety bond
(the "Surety Bond"), to be llsed as a replacemcnt for a cash funded rescrve, in any amount up to
the full amount of thc ~cbt scrvice rcscrve fund requircmcnt.
The Insurer rcquircs that the issucr and/or thc underlying obligor of thc bonds cnter into a
Financial Guaranty Agrccmcnt with the Insurer, providing for, among othcr things, thc
reimbursement to the Insurer of umounls drawn undcr thc Surety Bond, A samplc draft of such
an agrccment is attached,
The Insurer will undcrtakc its standard crcdit analysis of thc issuer al1lllor obligor which
may. result in requests for modifications of the slmcturc or ccrtain provisions of the bond
documents, These changcs would be in addition 10 thc specific changcs rcquired in all
financings where a Surety Bond will bc issued (see Required Tcnns below),
Thc Surety Bond may be structured 10 provide debt service reserve fund replacemcnt for the
current issue of bonds and any othcr dcbt issued on a parity therewith, However, in all cascs, thc
'Surety Bond will expire on the final maturity date of the current isslIe, '
The program crileria arc subject to change by the Insurer.
General Terms
Provision should be made in the bond documcnts for the crcation of a debt service reserve
fund and there should be a requirement to ~aintain that fund at a certain level. It should also be
provided that this requiremcnt may be satisfied by cash or a qualified surety bond or a
combination of these two (Note: A Itqualified surety bond" mcans a surcty bond issued by an
insurance company rated in the highest rating catcgoJ:Y.l1Y. Standard & Poor's and Moody's and,
if rated by A,M, Best & Company, must also he rated in thc highest rating catcgory by A.M.
Best & Camp-any),
In those instances wherc the issuance of parity debt will cause the debt service rescrvc fund
requirement to increase, the Insurer rcquircs that at the lime of issllance of such parity debt,
either cash or a qualificd surety bond be providcd so that the increased requirement will be
satisfied,
In any evcnt whcre the debt scrvicc rcscrve fund contains both an the Insurer Surely Bond
and cash) the Insurer requires that lhc cash bc drawn down complctely before any demand is
made on the Surety Bond. In any event where the debt servicc reserve fund contains a surety
bond from another entity and un INSURER Surcty Bond, the doculllents should provide for a
pro-rata draw on each of the surety bonds.
With rcgard 10 replenishmcnt, any uvailable monies, .IS defincd in the Indenture or
Resolution, should he used first to rcimburse lhe Insurer, thereby rcinstating lhe Surcty Bond,
and sccmld to replenish the cash in the debl servicc reserve fund.
The rate covenant should be c:ipandcd so that, in addition to all other coverage requirclllents,
there are sufficicnt monics uvuilablc to pay all amounts owed to the Insurer under the lenns of
the Financial Guuranty Agreement.
If the documcnts provide for the isslluncc of ndditional bonds that !.Io not share a common
reserve fund with the cun'cnt issue, lhc Insurcl' call issllc It sllrcty bond that is, by ils lerms,
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, available only as a reserve for the current issue, In sllch cases. the Insurer would require u
covenant that any revenues available for debt scrvicc must bc dislribulcd between the current
issuc und any additional bonds on a pro rata basis without regard to lhe exislcl1cc of n funded
debt service reserve or a surety bond.
The bond documents should require the Tmslce to deliver a Demand For Payment (see
attached fonn) at least three days prior to the datc on which funds are required, '
Required TemlS
With respect to any security interest in collateral granted to the bondholders, the Insurer
should be granted that same interest subject only to ,lhat of the bondholders, This would apply to
existing security, if any, as well as any to be gran led in the future,
The Insurer should receive an opinion' from counsel to the issuer/obligor thal the Financial
Guaranty, Agreement is a legal, valid and binding obligation of the issuer/obligor and is
cnforeeable against the issu~r/obligor in accordance with its terms,
In general tenns; the "flow 'of funds" would be structured as follows:
All gross revenues should be paid in the following order with lhc priority indicated:
(I) expenses of operation and maintenance; .
(2) debt'service on the bonds;
(3) reimbursement of amounts advanced by the Insurcr under the Surety Bond;
(4) reimbursement of cash amounts, ifany, drawn from the reserve fund;
(5) replenislullent of Renewal and Replacement Fund;
(6) payment to the Insurer of interest on amounts advanced under the Surety
Bond;
(7) all other lawful uses, including the debt service payment on any subordinate
bonds.
Provision must be made for the Insurer to be paid all amounts owed to it under the temlS of
the Financial Guaranty Agreement or any other documents before the bond documents may be
terminated.
,It will be the responsibility of the trustee/paying agent to mainlain adequate records, verified
, with the Insurcr, as to the amount available to be drawn at any givcn timc under the Surely Bond
and as to the amounts paid and owing to the Insurer under the temlS of the Financial Guaranty
Agreement.
There may be no optional redemption of bonds or distribution of funds to the issucr and/or
the underlying obligor unless aU amounts owed to the Insurer under the tCnllS of the Financial
" , Guaranty Agreement or any other documents have been paid in full.
8/12/93
~t/,:..,,'t~ I~.' < I~..'"'' ..... I.' ~
"
-.-------
STANDARD FORl\'1 FOR MUlA DISCLOSllRE
[GENERAL AND 8-1]
[The section entitled "The MBIA Insurance Corporation Insurance Policy" is for use in public finance
lransactions]
[The MBIA Insurnncc Corporntion Insurnnce Policy
The following information has bcen fumished by MBlA Insurance Corporation ("MBIA") for usc
in this Official Statement' Reference is made to Appendix for a specimen of MBIA's policy.
MBIA's policy unconditionally and irrevocably guarantees the full and complete payment
required to be made by or on behalf of the Issuer 10 the Paying Agent or its successor of an amount equal
to (i) the principal of (eithcr at the statcd maturity or by an advancement of maturity pursuant to a
mandatory sinking fund paymcnt) and interest on, the [Bonds/Securities] as such payments shall becomc
due but shall not be so paid (except that in the event of any acceleration of the due date of such principal
by reason of mandatory or optional redcmption or acceleration resulting from default or otherwisc, other
,than any 'advancement of maturity pursuant to a mandatory sinking fund payment, the paymcnts
guaranteed by MBIA's policy shall be madc in such amounts and at such timcs as such payments of
principal would have becn due had thcre not becn any such accelcration); and (ii) the reimbursement of
any such paymcnt which is subsequently recovered from any owncr of the [Bonds/Securities] pursuant to
a final judgment by a court of competcnt jurisdiction that such payment constitutes an avoidable
preference to such owner within the meaning of any applicable bankruptcy law (a "Preference").
MBIA's policy does not insure against loss of any prepayment prcmium which may al any time
be. payable with respect to any [Bonds/Securitics], MBIA's policy docs not, under any circumstance,
insure against loss relating to: (i) optional or mandatory redemptions (other than mandatory sinking fund
redemptions); (it) any payments to be made on an accelerated basis; (iii) payments of the purchase price
of [Bonds/Securities] upon tender by an owner thereof; or (iv) any Preference relating to (i) through (iii)
above, MBlA's policy also does not insure against nonpayment of principal of or interest on the
[Bonds/Securities] resulting from the insolvency. negligence or any other act or omission of the Paying
Agent or any other paying agent for the [Bonds/Securities].
Upon receipt of telephonic or telegraphic notice, such notice subsequently confirmed in writing
by registered or certified mail, or upon reccipt of written notice by registered or certified mail, by MBIA
from the Paying Agent or any owner of a [Bond/Security] thc paymcnt of an insured amount for which is
then due, that sueh required payment has not been made, MBIA on the due date uf such payment or
within one busincss day after receipt of notice of such nonpayment, whichever is later, will makc a
deposit of funds, in an account with State Strect Bank and Trust Company, N,A., in New York, New
York, or its successor, sufficient for the payment of any sueh insurcd amounts which are then due. Upon
prescntment and surrender of such [Bonds/Securities} or presentment of such other proof of ownership of
the [Bonds/Sccurities], togcthcr with any appropriute instrumcnls of assigl1ment 10 evidence the
assignment of the insurcd amounts due on the [Bonds/Seeurities] as arc paid by MBIA, und appropriate
instruments to effect the appointment of MBlA as agent for such owners of the [Bol1ds/Securities] in any
legal proceeding related to paymenl of insured amounts on the [Bonds/Securities], such inslnnnents being
in a form satisfaclory to Stulc Street Bunk and Trust Company, N.A" State Street Bunk and Trust
Company, N,A, shall disburse to such owners or the Paying Agent payment of the insured amounts due
on such [Bonds/Securitiesj, Icss 'any amount held by the Puying Agenl for the payment of such ,insured
amounts and legally available therefor,j
." e ,
t"".: ~ ..... It"'" .
': I'," ,.'
MBIA
MBIA Insurance Corporation ("MBlA") is the principal op~rating subsidiary of MBIA Inc" II
New York Stock Exchange listed compllny (thc "Company"), Thc Company is not obligated to pay the
debts of or claims against MBlA. MB IA is domicilcd in thc Stale of New York and licenscd to do
, business in and subjcct to regulation under the laws of all 50 slates, the Dislricl of Columbiu. the
Commonwealth of Puerto Ricot the Commonwealth of the Northern Mariana Islands, lhc Virgin Islands
of the Uniled Statcs and thc Territory of Guam, MBlA hus three branches. one in lhe Republic of France,
one in the Republic of Sil1gapore and one in the Kingdom of Spain, New York has laws prescribing
minimum capital requiremcnts, limiting clllsses and concentrations of invcslments and requiring thc
approval of policy ratcs and forms, State laws also regulate the amount of both the aggrcgatc and
individual risks that may .be jnsuredt the payment of dividcnds by MBIA, changes in control and
transactions among affiliates. AdditionallYt MBIA is rcquircd to maintain contingency reserves on its
liabilities in certain amounts and for certain periods of timc. .
MBIA does not acccpt any responsibility for the acclIrDcy or completeness of this
[Prospectus/Private Placement Memorandum/Official Statemcnt} or any information or disclosure
contained hereint or omitted hcrefromt other than with respccl to thc accuracy of the information
regarding the policy and MBIA set forth undcr the heading [" , Itl, Additionally. MBIA
makes no representation regarding the [Bonds/Securities] or the advisability of invcsting in the
[B onds/Securities},
The Financial Guarantec Insurance Policies are not covercd by lhe Property/Casualty Insurance
Security Fund specified in Article 76 of the New York Insurance Law,
MBIA Information
The following documents filed by the Company with the Sl..'Curitics and EXchangc Commission (the
"SECU) arc incorporated herein by refercnce: '
(1) The Companyts Annual Rcport on Form lO-K for the yearcnded December 3C 2001; and
(2) The Companyt s,Quarlerly Report on Form IO-Q for the quarter endcd March 31, 2002.
Any documents filed by the Company pursuant to Scctions 13(a), 13(c), 14 or 15(d) of the
Exchange Act of 1934, as amcndedt aftcr the datc of this lProspcctuslPrivate Placcmcnt
Memorandum/Official Statement] and prior to the lermination of lite offering of the [Bonds/Securities]
offered hereby shall be deemed to be incorporatcd by refcrcnce in this [Prospectus/Privatc Placement
Memorandum/Official Statement] and to bc a part hereof. ' Any statement containcd in a document
incorporated or deemed to be incorporatcd by refcrcnce hcreint or contained in this [Prospectus/Private
Placement Memorandum/Official Statcment]t shall be deemed to be modified or superseded for purposes
of this [ProspectuslPrivate Placement Memorandum/Official Statemcnt] to the extent that a statement
contained herein or in any other s~bsequently filed document which also is or is decmed to be
incorporated by reference herein modifies or superscdes such stalemcnl, Any such statcmcnl so modified
or superseded shall not be deemedt except us so modified or superseded, to constitute 11 part of this
[Prospectus/Private Placemenl Memorandum/Official Statement].
I' 'e"' ',,',
"
"
The Company files unnual, quurterly nud special reports, information st~ltcll1enls nud other
information with the SEC under File No. 1-9583, Copies oflhe SEe filings (including (I) the Company's
Annual Report on Form lO-K for the ycar cnded December 3 J, 2001, and (2) the Company's Quarterly
Report on Form lO-Q for the quarter ended March 31, 2002), me avuilablc (i) over the Inlernct al the
SEe's web site at http://www,scc,gov; (ii) at the SEC's public rcfcrencc room in Washington D.C.; (iii)
over lhe Intemel at the Company's wcb site nL"hup://www.mbia.com; und (iv) at no cosl, upon requcst to
,MBIA Insurance Corporation, 113 King Strecl, Armonk, New York 10504, The tclephone numbcr'of
MBIA is (914) 273-4545.
As of December 31, 2001. MBIA had admitted asselS of $8,5 billion (audited), total liabilities of
$5.6 billion (audited), and total capital and surplus of $2,9 billion (audited) dClcrmined in accordance with
statutory accounting practices prcscribed or permitted by insurance rcgulatory authorities, As of March
31, 2002, MBIA had admitted assets of $8,6 billion (unaudited), total liubilities of $5,7 billion
(unaudited), and tOl~1 capital and surplus of $2,9 billion (unaudited) dctermined in accordance with
statutory accounting practices prescribed or permillcd by insurancc regulatory authorilies,
Financial Strength Ratings of MBIA
Moody's Investors Service, Inc. rates the financial strcng1h of MBIA "Aaa,"
Stand<!,rd & Poor's, a division of The McGraw-Hili Companies, Inc, rates the financial strength of
MBIA "AAA."
Fitch, Inc. rates the financial strength of MBIA "AAA,"
Each rating of MBlA should be evaluated independcntly, The ratings rencct the respective rating
agency's current assessment of the creditworthiness of MBIA and its ubility to pay claims on its policies
of insurance. Any further explanation as 10 the significance of the above ratings may be obtained only
from the applicable rating agency, '
,
, " The above ratings arc not recommendations to buy, sell or hold the [Bonds/Securities], and such
ratings may be'subject to revision or withdrawal at any time by the rating agencies, Any downward.
revision or withdrawal of any of the above ratings may have an adverse effect on the market price of the
[Bonds/Securities]. MBlA does not guaranty the market price of the [Bonds/Securities] nor does it
. guaranty that the ratings on the [Bonds/Securities] will not be rcvised or withdrawn. '
Thc insurance provided by this policy is not covcred by the Florida Insurance Guaranty
Associalion created under chapter 631. Florida Statutes.
STD-FL
l'i..:.r:r".r. .,....... c
, '
,>
DEBT SERVICE RESERVE FUND SURETY BOND
"
Application has been made to the MBlA Insurance Corporation (the "Insurer") fm a conunitment
to issue a surety bond (thc "Debt Scrvicc Rcserve Fund Surcly Bond"), The Debt Scrvice Rescrve Fund'
Surety Bond' will provide that upon' notice from the Paying Agent 10 the Insurer to the effcct that
insufficient amounts arc on deposit in the Debt Service Fund to pay the principal of (at maturity or
, pursuant to mandatory rcdemption rcquiremcnls) and intcrest on the 2000 Obligations, the Insurcr will
promptly deposit with the Paying Agent rin amount sufficicnt to pay the principal of and intcresl on the
2000 Obligations or the available amount of the Dcbt Service Rcserve Fund SureLy Bond, whichevcr.is
, less, Upon the later of: (i) three (3) days after reccipt by thc Insurer of a Demand for Paymenl in the forin
attached to the Debt Service Reserve Fund Surcty Bond, duly executed by the Paying Agent; or (ii) thc
, payment date of the Obligations as specified in the Demand for Payment presented by the Paying Agent
to the Insurer, lhe Insurer will make a deposit of funds in an account with State Street Bank and Trust
Company, N.A" in New York, New York, or its successor, sufficient for the paymcnt to lhe Paying
Agent, of amounts which are then due to the Paying Agent (as specified in the Demand for Payment)
subject to the Surety Bond Coverage,
The available amount of the Debt Service Reserve Fund Surety Bond is the initial face amount of
the Debt Service Reserve Fund Surety Bond less the amount of any previous deposits by the Insurer with
the Paying Agent which have not been reimbursed by the City, The City and the Insurer have entered inlo
a Financial Guaranty Agreement dated [ ] (the "Agreement"), Pursuant to the Agreement, the City
is required to reimburse the Insurer, within one year of any deposit, the amount of such deposit made by
the Insurer with the Paying Agent under the Debt Service Reserve Fund Surety Bond. Such
reimbursement shall be made only after all required deposits to the Operation and Maintenance Fund and
th~ Debt Service Fund have been made,
':
Under the terms of the Agreement, the Paying Agent is required to reimburse the Insurer, with
interest, until the face amount of the Debt Service Reserve Fund Surety Bond is reinstated before any
deposit is made to' the, General Fund. No optional redemption of Obligations may be made until the
Insurer's Debt Service Reserve Fund Surety Bond is reinstated. The Debt Service Reserve Fund Surety
Bond will be held by the Paying Agent in the Debt Service Reserve Fund and is provided as an alternative
to the Citv depositing funds equal to the Debt Service Requirement for outstanding Obligalions, The
Debt Service Reserve Fund Surety Bond will be issued in the face amount equal to Maximum Annual
Debt Service for th,e Obligations and the premium therefor will be fully paid by lhe City at the time of
, delivery of the Obligalions.
L. .
"
.-'MEJIA
FINANCIAL GUARANTY INSURANCE POLICY
lVlBIA Insurance Corporation
ArnlOnk, New York 10504
Policy No. [NUMBER]
MBIA Insurance COf'jX)mtion (the "Insurer"), in considcl1llion of the payment of the premium and subject to the terms of this JXllicy, hereby
unconditionally nnd irrevocably guarantees to any owner, as hereinaftcr dclincd, of the following described obligations, the full and complete payment
required to be made by or on behalf of the Issuer to [PAYING AGENfffRUSTEE] or its Sllcccssor (the "Paying Agent") of an amount cqualto (i) the
principal of (either at the stated matUrity or by any advancement of maturity purslkUltto a mandalory sinking fund payment) and interest on, the
Obligntions (ns that tom is defined below) as such payments shall become due but shall oot be so paid (c.~ccpt that in the event of any acceleration of thc
due dale of such principal by reason of mandntory or optional redemption or acceleration resulting from default or othelwise, Othcr than any advancement
of nuUwity plmiuant to a mandatory sinking fund payment, the payment<; guar.mtccd hereby shall be made in such amounts and at such times as such
paymenis of principal \'>Quld have been due had there not bcCn any such acceleration); and (ii) the reimbursement of any such payment which is
subsequenUy ra:overed from any owner purslL'lIlt to a linal judgment by a court of competent jurisdiction that such payment constitutes an avoiWlble
preference to such owner within the meaning of any applicable b:m]..,:ruptcy law, The amounts referred to in c1nu.'iCS (i) ~Uld (ii) of the preceding sentence
shall be referred to herein collectively as lhe "(n<;ured Amounts." "Obligations" shall mean:
[PAR]
[LEGAL NAME OF ISSUE]
Upon m."Cipt of telephonic or telegraphic notice, such notice subscqucnUy confinncd in writing by registcred or certified mail, or upon receipt of written
notice by registered or certified mail, by the Insurer from the Paying Agent or any owner of an Obligation the payment of an Insured Amount for which is
then due, that such required payment ha<; not been made, the InsW'Cr on the due date of such payment or wi thin one business day after receipt of notice of
such nonpayment., whichever is later, will make n deposit of foods, in an account with Stale Street Bank and Trust Company, N.A., in New York. New
York, or its successor, sufficient for thc payment of any such Insured Amounts which are then due. Upon presentment and surrender of such Obligations
or prcsenunent of such other pfOOf of ownership of the Obligations, toge~ler wiUl any appropriate instrumenl<; of assignment to evidence the assignment
of the Insured AmOunts due on the Obligations as are paid by the In'iW'Cr, and appropriate ill5truments 10 effect the apJXlintmcnt of the Insurer as agent for
such owners of the O~ligations in any legal proceeding related to payment of InsW'Cd Amounts on the Obligations, such inslmments being in a fonn
satisfnctory to State Street Bunk and Trust Company, N.A, State Strect Bank and Trust Company, N.A. shall disbwse to such owners, or the Paying
Agent payment ofUle Insured AmOlmts due on such Obligations, less any amount held by the Paying Agent for the payment of such Insured Amounts
and legally available therefor, This policy docs not insure against loss of any prepayment premium which lTh'\Y at any time be payable with respect to any
Obligation.
As used herein, the tenn "owner" shall mean the registered owner of any Obligation as indicated in the books mnintaincd by the PaYing Agent. the l<;suer,
or any designee of the Issuer for such purpose. 111e tenn owner shall not include the Issucr or 111lY party whose agreement with the Issuer constitutes the
wtderlying security for Ole Obligations.
Any service ofproccss on the Insurer may be made to the Insurer at it<; olliccs located at 113 King Street, Annonk, New York 10504 and such scIVice of
proces.'i shall be valid and binding.
This policy is oon-canccllable for any reason. The premium on this JXIlicy is not re fundable for any rcclSOn including the payment prior to maturity of the
Obligntions.
The insurance provided by this policy is not covered by the Florida InsunUlCe Guaranty Association created under chapter 631, Florida Statutes.
IN WITNESS WHEREOF, the Insurer has caused this policy to be executed in fac:simile on it,> behalf by its duly authoril.cd ollicers, this IDA YI day of
[MONTH, YEAR],
COUNTERSIGNED:
MBIA Insurance Corporation
City. Stille
Assistant Secret1
Rcsident Licen'iCd Agent
Allest:
~"1P.R.FUi
.ws
.~;"','",, .'
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STATEMENT OF INSURANCE
MBlA Insurance Corporation (the "Insurer") has issued n policy containing the following provisions. such policy
being on file at rINSER,. NAME OF TRUSTEE OR PA YINO AGENT, INCLUDING CITY, STATE\.
The Insurer, in consideration of the payment of the premium and subject to the terms of this policy, hereby
unconditionally and irrevocably guarantees to any owner, as hereinafter defined, of the following described obligations, the full
and complete payment required to be made by or on behalf of the Issuer to flNSERT NAME OF TRUSTEE OR PAYING
AGENT1 or its successor (the "Paying Agent'')"of nn amount equal to (1) the principal of (either at the stated maturity or by any
advancement of maturity, pursuant to a mandatory sinking fund payment) and interest on, the Obligations (as that term is
defined below) as such payments shall become due but shall not be so paid (except that in the, event of any acceleration of the
due date of such principal by reason of mandatory or optional redemption or acceleration resulting from default or otherwise,
other than any advancement of maturity pursuant to a mandatory sinking fund payment, the payments guaranteed hereby shall
be made in such amounts and at such times as such payments.of principal would have been due had there not been any such
acceleration)j and (ii) the reimbursement of any such payment which is subsequently recovered from any owner pursuant to a
final judgment by a court of competent jurisdiction that such payment consli~utes an avoidable preference to such owner within
the meaning of any applicable bankruptcy law, The amounts referred to in clauses (i) and (ii) of the preceding sentence shall
be referred to herein collectively as the "Insured Amounts." "Obligations" shall mean: (INSERT LEGAL TITLE OF BONDS,
CI;NTERED AS FOLLOWS:l
[$ PAR AMOUNTI
[ISSUER 1
[DESCRIPTION OF BONDSI
Upon receipt of telephonic or telegraphic notice, such notice subsequently confirmed in writing by registered or
certified mail, or upon receipt of wrillen notice by registered or certified mail, by the'lnsurer from the Paying Agent or any
owner of an Obligation the payment of an Insured Amount for which is then due, that such required payment has not been
. made, the Insurer on the due date of such payment or within one business day after receipt of notice of such nonpayment,
whichever is later, will make a deposit of funds, in an account with State Street Bank and Trust Company, N.A., in New York,
New York, or its successor, sufficient for the payment of any such Insured Amounts which are then due, Upon presentment
and surrender' of such Obligations 'or presentment of such other proof of ownership of the Obligations, together with any
appropriate instruments of assignment to evidence the assignment of the Insured Amounts due on the Obligations as arc paid
by the Insurer, and appropriate instruments to effect the appointment of the Insurer as agent for such owners of the Obligations
in any legal proceeding related to payment of Insured Amounts on the Obligations. such instruments being in a form
satisfactory to State Street Bank and Trust Company, N,A., State Street Bank and Trust Company, N.A. shall disburse to such
owners or the Paying Agent payment of the Insured Amounts due on such Obligations. less any amount held by the Paying
Agent for the payment of such Insured Amounts and legally available therefor, This policy does not insure against loss of any
prepayment premium which may at any time be payable with respect to any Obligation.
As used herein, the term "owner" shall mean the registered owner of any Obligation as indicated in the books
maintained by the Paying Agent, the Issuer, or any designee of the h.suer for such purpose. The term owner shall not include
the Issuer or any party whose agreement with the Issuer constitutes the underlying security for the Obligations.
Any service of process on the Insurer may be made to the Insurer at its offices located at 113 King Street, Armonk,
New York 10504 and sllch service of process shall be valid and binding.
This policy is non-cancellable for any reason, The premium on this policy is nol refundable for any reason
including the payment prior 10 maturity of the Obligations.
The insurance prpvided by this policy is not covered by the Florida Insurance Guaranty Association created under
chapter 631, Florida Statutes.
MBIA INSURANCE CORPORATION
STD-R-FL-l
PA YMENTS UNDER THE POLICY
A. In the event thai, on the second Bll<;im......." Day, lInJ again 011 the Bll<;inc....<; Day, prior to the paymcnt datc nn the Obligatiolt<;, the Paying Agent has
not received sufficient moneys to pay nil prindp;llllf and interest on thc ObligatiO/l<; duc onlhe SL'('Ond following or following, Il<; thc ca.'iC may be, Business
Day, the Paying Agcnt shall immediately notify the In<;urcr or it:; dc.<.ig,r14.'C on the S:UlIC I3ul>incss Day by telcphone or telegr.lph, confimlCd in \\riting by
registered or ccrtified mail, of the amount ofthe deliciency,
B, Ift11e deficiency is made up in whole or in part prior to or on the payment datc, Ule Paying Agcnt shall J;() notify the ht<;urcror its designee,
C, In addilion, ifihe Paying Agent has notice that.my Bondholder h,L<; been rccluired to disgorge payments of principal or interest on the Obligation to
n lrustee in Bankruptcy or creditors or others pursuant to a linal judgment by a court of coml~tent jurisdiction that such payment constitutes an avoidable
preference to such Bondholder within the menning of.my applicable I),,'Ulkmplcy laws, then the Paying Agent shall notify the Insurer or iL<; designee of such
fact by tclephoncor tclegrnphic noticc, confinncd in writing by registered or certified mail.
0, The Paying Agent is hereby irrevocably designated, nplXlinted. directed and authori7.cd to IIct a.<; attorney-in-flu:t for Holders of the Obligations ns
follows:
1, If and to the extent there is n deficiency in amounts required to pay interest on the Obligatioft<;, thc Paying Agent shall (a) execute and
deliver to Slate Street Bank and Tru.~t Company, N.A, or its sllccessors under the Policy (the "In~lIrance Paying Agent"), in fonn satisfactory to the
Insur.mce Paying Agent, an in<;tnunent appointing the In<;urer as OIgent for such Holders in any legal proceeding relllted 10 the payment of such
interest and an assignment to the Insurer oflhe claims for interest 10 which such deficiency relates and which arc paid by the Insurer, (b) receive as
designee of the respective Holders (and not us Paying Agent) in accordance with the tenor of the Policy payment from the Insurance Paying Agcnt
with respect to the claim; for interest so a.<;signcd, and (c) disburre the 5an1C to such respective I Iolders; and
2, If and to the extent of a deficiency in amounts required to pay principal of the Obligation'), the Paying Agent shall (11) execute and deliver
to the In.sUrancc Paying Agent in fonn satisfactory 10 the Insur.mce Paying Agent an insbumcnt appointing the InslUl:r as agent fix such Holder in
an}' legal proceeding relating to the payment of such principal and an assignment to the Insurer of any of the Obligation surrendered tQ the
Insurance Paying agent of so much of the principal amount thereof as has not previously been paid or for which moneys are not held by the Paying
Agent and available for such payment (but such assignment shall be delivered only if payment from the Insurance Pa)~ng Agcnt is received), (b)
receive us designee of the rcspa:tive Holders (mx1 not as Paying Agent) in accordance with the tenor of the Policy payment therefor from the
In<;urance Paying Agent. and (c) disburse the same to such Holders,
E, Payments with respect to claims for interest on and principal of Obligations disbursed by the Paying Agent from proceeds of the Policy shall not be
considered to discharge the obligation of the Issuer with respect to such Obligations, and the Insurer shalt become the D\wcr of such unpaid Obligntion and
claims for the interest in nccordance ""ith the tenor of UIC assignment made to it under the provisions of this subsection or otherwise,
F. I~poctiveofwheUler any such assignment is cxeculed nod delivered, the Is.<;uer nnd Ole Paying Agent hcreby agree for UtC benefit of the Insurer
that:
1. They recognize that to the exlcntthe Insun.-r makes paymenL<;, directly or indirectly (us by paying through the Pnying Agent), on account
of principal of or interest on the Obligations, the Insw'Cr \vill be subrogated 10 the rights of such Holdern to receive the amount of such principal and
interest from the Issuer, \vith interest thereol1llS provided and salely fium Ule MlUfCCS slnled in tllis Indenture and the Obligations; and
2, They will accordingly pay to the In.<;urer tlle amount of such principal and interest (including principal and interest recovered under
subpa.ragraph (il) of the first paragraph oflhe Policy, which principal and interest shall bcdeemed past due and not to have been paid), \vitll interest
thereon as provided in this Indenture and the Obligation, but only from the sources and in the m.mner provided herein for Ihe payment of principal
of and interest on the Obligation<; to Holders, and will oth('rwise treut the In<;urer .l<; tile O\vner of such rights to the amount of such principal and
interest.
G, In connection witllthe issuance of additional Obligntion<;, tllC Issuer shall deliver to tlle In<;urer.l c..'Opy of the disclosure document, if any, circulated
with respect to such ndditionnl Obligations,
H, ('..apics of any nmendm:nts mooe to the documents executed in connection \viUl the issuance of tllC Obligations which are consented to by the
Inswcr shall be sent to Standnrd & Poor's Corpomtion.
J, The Insurer shall receive notice of the resignation or removal of the Paying Agenl and Ule appointment of a successor t1lCrelo,
1. The Insurer shall rea:ivc copies of all notices required to lx: delivered to Bondholders and, on M mlnu.al b.l<;is, l'Opies of the Issuer's audited
financial slntcm:nlS and Annual Budget.
Notices: Any notice thaI is required to be given to a holder of the Obligntion or 10 the Paying Agent plU'Suanl to the Indenturc shall also be provided to
the Insurer. All notices required to be given to the Insurer under Ule Indenlure shall be in writing m1d shall he sent by registcred or ccrtified mail addressed 10
MBIA In<;unmce Corporntion, 113 King Streel, Annonk, New York 10504 Allention: Swvcillance,
The Issuer/Obligor ugrw; to reimburre tile InsW'Cl' immediutely and unconditionally upon demand. to the extent pcnniued by law, for all
reasonablc expenses. including nllomcys' ft.'CS and expenses, incurred by the InsW'Cr in connection \vith (i) the enforcement by tlle Insurer of the Issuer's
IObligor's obligation<;, or the preservntion or defen'iC of any righL<; of tlle In<;urel', under this Resolulionllndenlul'C and any other docwnenl executed in
connection wilh Ihe iSSUlU1CC of the Obligation.<;, urd (ii) any consenl, umcndment, wuiver or other action with respect to the Rcsolutionllndenll.1re or any
l'e1nwd docwncnl, whcUler or not gnlllted or appm\'cd,logcUlcr \vith interest on all such eXI~I\SCS from nnd including the dute incurred to the date of payment
ntCilibank's Prim: Rule plus 3% ortllc maximum interest mle pennillcd by law, whichever is less. In addition, tllC Insurer agrees reserves the right 10 charge
a fee in conneclion with iL<i review of uny such COIL.;ent. anlCndm:nl or w.liver, whether or not gr.mled or approved ,
.
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, FINANCIAL GUAI{ANTY AGREEMENT
FINANCIAL GUARANTY AGREEMENT made as of [CLOSING DATE], by and between
[ISSUER) (lhe "Issller") tlml MBlA Insumncc Corpomtion (the ttlnsurer"), organized under lhe laws of the
stutc of New York.
\V IT N E SSE T II :
WHEREAS, lhc Issuer hw; OJ' will issue ~le Obligations; and
. WHEREAS, pursunnt to the tCl1l1S of lhe Documcnt the Issuer agrees to make cCltrun payments on the
Obligllliol1s~ U1ul . , .
WHEREAS, lhc Insurer will issuc its Sumty Bond, substanlially in the form set forth in Annex A 10
lhis Agreement, guumntccing cCI1run paymenls by thc Issucr subject to the tcrms and limitalions of lhe
Surety Bond: nml
WHEREAS, to induce lltc Insurer 10 issue the Surety Bond, the Issuer has agreed to pay the prcmium
for the Surety Bond llnd to rcimbu~e the Insurer for all paymcnts made by lhe Insurer undcr the Surety
Bond, nllll'\ 11ll)f~ fully sol f0l1h in this Agreemcnt; and .
WHEREAS. the Issuer undcl'StanJs that the Insurer expressly requires the delivery of this Agreement.
il'\ pm1 of lhc considcmlion for the execution by lhe Insurer of the Surely Bond; and
NOW, THEREFORE, in considcmtion of the premises and of the agrcemenls herein contnincd and of
the execution of the Surety Bond, the Issucr and the Insurer agree as follows:
ARTICLE I
DEFINITIONS; SURETY BOND
Section 1.01. Definitions, The terms which arc capitalized herein shall have the meanings specified
in Annex B hCl'clo,
Section },02. Surety Bond.
(n) 111C Insurer will issue the Surety Bond in accordance wilh and subject to thc tcnns and
conditions of the Commitment.
(b) 111C maximum liabilily of the Insurer under the Surety Bond and the covemge l.md tenn
thcreof shull be subject to and limitcd by the tcnns and conditions of the Surety Bond,
Seclion 1,03. Premium, In considcration of the Insurer agreeing to issuc the Surety Bond hereundcr,
the Issuer hcreby agrees to payor cause to be paid the Premium set forth in Annex B herelo, 111e Premium
on the Surety Bond is not refund~ble ror any reason.
Section 1.04, Certain Other Expenses, The Issuer will pay all reasonable fees and disbursements of
the Insul'CIJs special counsel reluled to any modification of this Agreemcnt or the Surety Bond.
"
I
\
ARTICLE II
REIMBURSEl'vIENT AND INDEMNIFICATION
OBLIGATIONS OF ISSUER AND SECURITY THEREFOR
Section 2.01. Reimbursement for Payments Under the Surety Bond and Expenses: Indcmnificalion.
(u) 111e Issuer will reimburse the Insurer, within the Reimbursement Period, without demand or
notice by the Insurer to the Issucr or any other person, to the exlent of each Surety Bond Payment
with intcrcst on each Surety Bond Payment from and including the date made to the dale of the
reimbursement at the lesser of the Reimbursement Rate or the maximum rate of interest pennillcd by
lhen upplicable law,
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(h) 'n,c Issuer Illsn lIgl~l'S 10 n:imhl1l"sc' lhe Insurer il1ll1lcdialdy and 1111l:onditiol1ully upon
dcmund. to Ihe exlent pelmitted hy slate IlIw, for all rcwmnahle expenses inclIIrcd by the rmmrer in
conl1Ccth,1I1 with Ihe Slll\~ly III md 1I11l1lhc cnforcclllclll hy thc Insurcr of thc Issllces ohligaliol1s under
this Agreement. the Docul11cnt. IIml nny other dlx:ument cxcculed in connection with the issuance of
the Obllgllliol1s, logclhcl' wilh Inlcresl on nil such cXI~nses f'rolTl amI including Ihe dale incllIrcd to
tht'dale or payment ullhe mlc set 1'011h in suhsection (u) of lhis Section 2,0 r .'
(c) '11,<., lSSlll~1' ugn.:'c'l tn indemnify 1!1e Insul'cr, to Ihe cxtcnll~l1nillcd hy shllC law, against any
llmlnlllillhi Illy, dnll11s, loss, l'nsls, damages, Ices or altomc)'s nnd olhcr expenses which lhc Insurer
ntllY Illlstlllll or incur hy I\:m;nn of 01' in conscqucl1ce of (i) the failurc of lhe Issucr 10 pcrfOlm or '
cumply wW, Ihe CO\'CI111nts 01' conditions of lhis Agrecment or (Ii) I'clhmce by lhe Insurer upon
1t.~pn:scl1tlllloll!lllllldc by Ihe IsslIer 01 (iii) II dCtilllh by lhc Issuer under the tCl1llS of lhc Document or
IIn)' olher d(x~ulJlcllts execuled in conneclion with Ihc issuancc of the Obligalions,
(d) '111e Issuer IIgrccs Ih:llllll ull10unls owing 10 the Insurer pursuant 10 Scelion 1.03 hereof LUld
this Section 2,0 I lUust he paid In full )Jlior 10 uny optional redemption or n.~funding of the
Ohllgnljons,
(c) All pnymcnls l11udc to lhc Inslll'cl' under this Agreemcnt shall be paid in luwful cUI1'Cncy of
the United Slates in il1lf11cdinlcly tlvllilahlc fUl1lll) lit lite Insurer's office ut 113 King Strccl, AmlOnk.
New York 105()'J. Altcnlion: Accounting lUld Insured Portfolio MtUlagcment Dcpartmenls. or al such
olher plac:c ILl! shall he tlcsignaled by lhc Insurer,
Sl'Ctlol1 2.02, dllocnlion of PlI ymS!!!:'i , '1l1C InsUl'cr and lhe Issuer hcreby agree lhat cach payment
Icccived hy the Insurer fmlll or on behalf of llw Issucr liS a reimburscment to lhe Insurer as required' by
Section 2.0 I hereof shull bc applied by the Insurer first, towm-d paymerJt of any unpaid premium; second,
to\Vnn1l'l~paYl1lent uf lhe nggrcgntc Surety Bond Pnymcl1ts mude by thc Insurer and not yct repaid, paymcnt
uf which will reinstllte ull or u portion or thc SllI'Cty Bond Covcrugc 10 the extent of such repaymcnt (but not
In exceed the SlII'cty Bond Limit); und third, upon full reinstutement of the Surety Bond Covcr'J.ge to thc
, SlUcty Bond Limit, towuru other nmounts. including, WitllOut limitation, any inlerest payable with respect to
uny Smcly Bond Pllymenls then due 10 Ihc Insul'Cr,
Section UJ3. Scclllity 1'01' Puymcnls: InstlllmcnlS of FUl1hcr Assurance, To lhc extent, but only to the
c.\lcnl, Ihut the ()ocumenl, or uny 1'Cluted indcnlun:, trust ugrccmcl1t, ordinance, resolulion. mortgage,
security ngrccmcnt or similur instillment, if uny, pledges to lhe Owners or ariy lJUslec thcrefor, or grants a
securily interest or lien in or on uny collnlcml, propelty, revenuc or other payments ("Colluter'J.1 and
Revenues") In onlcr 10 secuI'C the Obligutiuns or provide u source of payment for the Obligalions, the Issuer
hClchy grtulls 10 the Insurcr a security inlcrcst in or licn on, as the casc may be, tOld pledgcs to the Insurer all
such Collatcml nnd Revenues ns security for payment of all mnounls due hereunder and undcr the
Documcnt or any other d(x:umcnt executed in connection wilh lhe issuance of the Obligations, which
seclllity il1lcrcst. lien am1'or pledge creutcd or gnmted undcr this Section 2,03 shall be subordinatc only to
the inlcn:sls of the Owncl's und any tlllstec lhcrcf'or in such Collatcl1ll Wld Revenues, except as otherwise
pl'Ovidcd, '111C Issuer agrees thut il will, from lime 10 time. cxecute, acknowledge and deliver, or cause to be
executed, lIeknowlcdgcd tlnd delivcred, llny und ulllimmcing slatemcnts. if' applicuble. lUld all other further
inslmmcnls IlS may be I'C(luircd by lu\V or us shall reasonably be requcstcd by the Insurer for the perfection
of the security intcrest, if uny. gnmted unde!' lhis Secliol1 2,03 nnd for the pl'Cservution and protection of all
lights of the Insurer under this Section 2.03,
Section 2.04, Unconditionnl Obligalion, 'n1C obligutions hcreundel' arc ubsolute and unconditional
(lnd will be puid 01' pel1'onncd slrictly in nccorduncc with this Agreemcnt, subjcct to lhc Iimitutions of the
Document, in'CspcctlVC of:
(u) uny luck of vulidity 01' cnl'on:cubility or, or ~U1y umcndment or othcr modiJicntion of, or
wuivcl' with respect to the Ohligutiol1s, the Document 01' uny other document executcd in connection'
with lite issuance or Ihe Obligmions; or
(11) uny exchange, rclem;c or nOllpcrfection of any security interest in propelty securing the
Obligutions or this Agreement 01' any obligalio,l1s hel'Clll1der; or
, ,
_e'
(c) any circumstances that might othc"vise conslilulc a dcfcnse available to, or discharge of, thc
Issuer with rcspcctto the Obligulions, thc Document or any other docuIl1c::nt executed in conncclion
with the issuancc of the Obligations; or
Cd) whcthcr or not such obligations arc conlingcnt or matl1l'cd, disputed or undisputed, Iiquidatcd
or unliquid~ted,
Section 2,05. Insurer's Rights, TIle Issuer shall rcpay lhe Insurer to the extent of paymenls made and
expenses incun'Cd by the Insurer in connection with the Obligations Hnd this Agrecmcnt. The obligation of
the L'lsuer to repay such amounts shall be subordinatc only to the rights of the Owners to receive rcgularly
scheduled principal mtd intcrest on lhc Obligalions,
Section 2.06. On-Going Infonnmion Ohligations of Issuer,
(a) Quarterly Reports, TI1C Issuer will plOvide to the Insurcr within 45 days of the close of cach
quarter interim financial statements covcring all fund balanccs under lhc Documcnl, a statement of
operations (income statement), balance shect and changes in fund balances. These statements need
not be audited by an independent certified public accounuml, but if MY audited statements, Lire
produced, they must be provided to the Insurer,
(b) Annual Reports, The Issucr will provide to the Insurer annual financial stalcmcnts audited
by an independent certified public accountant within 90 dnys of thc end of each liscal year;
(c), Access to Facilities, Books and Records. The Issuer will gr.mt the Insurer reasonable access
to the project financcd by the Obligations and will makc available to the Insurer, at reasonablc times
and upon reasonable noticc nil books and record'i relative to the project financed by the Obligations;
and
(d) Compliance Certificate, On an annual, basis lhc Issucr will provide to the Insurer a ccrtificutc
confinning compliance with all covcnants and obligations hereunder and under the, Revenue
Agreement, the Document or MY other document executed in connection with the issuance of the
Obligations.
ARTICLE m
AMENDMENTS TO DOCUMENT
So long as this Agreement is in effect, the Issuer UbtfCCS that it will not agree to runend the Document or
any other document execuled in connection with the is~mmcc of the Obligations, wilhout the prior written
consent of the Insurer. '
ARTICLE IV
EVENTS OF DEFAULT; REMEDIES
Section 4,01. Event., of Default. The following events shall constilute Events of Default hercunder:
(n) The Issuer shall fail to pay to lhe Insurcr whcn due ~my runount payable under Sections 1.03;
, or
(b) The Issucr shull fail to pay to the Insurer any amount payable under Scctions 1.04 rmd 2,01
hereof and such failure shull havc continued for a period in excess of lhc Reimbursement Pcriod; or
(c) Any material represcntation or wwnmty madc by the Issucr undcr thc Documcnt or
hereunder or any statemcnt in the application for thc Surety Bond or any report, certificate, fimmcinl
statemcnt, document or othcr instrument providcd in conncclion with lhe Commitmcnt, lhe Surety
Bond, the Obligations, or hcrcwilh shall havc been mutcriully nllsc al the lime when made; or
(d) Except as otherwise provided in this Section 4,01, the Issuer shull fail to pclfoml any of its
other obligations undcr the Documcnl, 01' uny other documcnt executcd in connection with lhe
issuance of the Obligations, or hereundcr, provided thul such failure continues for morc lhun 30 dnys
after reccipt by thc Issuer of written noticc of such faihll~ to pclfonn; or
."., .'
i" I ~.
(e) 'nle Issuer shall (i) volunlatily commence tiny proceeding or file llny petition seeking Ielief
under the United Stutes Banklllplcy Code 0" nny other Federal. stale or foreign bankll1plcy,
insolvency or similar law. (ii) consent to lhc institution of, or fail 10 conUu\'clt in a timely and
approprialc manner, uny such proceeding or lite Ii ling of any such pclilion, (iii) apply for or consent to
the appointment of a receivel', trustee, custodial1. gcquestl1110r or similar ofliciul for sllch pmty or for u
subshmtial part of iL'i property, (iv) file an lUlSWei' admitting lhe matenal allegations of a I~tition filed
against it in ~my such proceeding, (v) make u gcneral assignment for lhe benclil of creditors, (vi)
become unable, admil in writing its inability 01' fail generally 10 pay its debls as lhey become due or
(vii) take action for the pUlpOSC of effecting any of lhe foregoing; or
(0 An involuntary proceeding shall be commenccd or an involunlmy petilion shall be filed in u
court of compctcnt jurisdiction secking (i) relief in respccl of lhe Issuer, or of 11 substantial prnt of its
property, under the Unitcd Slnles Bankruplcy Code or any olhcr Fedeml, slale or foreign bankl1lptcy,
insolvency or similar law or (ii) the appointment of a receivcr, tnlSlee, custodian, scqucstrJ.lor or
similar official for the Issuer or for a subslnnlial pm of its propcrty; and such proceeding or petilion
shall continue undismisscd for 60 days or an order or decree approving or ordering any of lhc
foregoing shall continuc unstaycd and in effect for 30 days.
Section 4.02. Remedies, If an Event of Default shall occur and be continuing, thcn the Insurer may
take whatever action at law or in equity may appear necessary or desimblc to collect the amounts lhcn due
and thereafter to become due under this Agreement or to cnforce pcrfonnance of any obligntion of the Issucr
to the Insurer under the Document or any relalcd inslrumenl, and any obligation, agreement or covemmt of
the Issuer under this Agreement; provided, howcver, that lhe Insurer may not lake any aelion to direct or
require accelernlion or oUler early redemption of the Obligations or advcrscly uffccl the rights of the
Owners, In addition, if an Event of Default shall occur due to thc failure to pay to thc InsufCr the amounts
due under Section 1,03 hereof, lhe Insurer shall have the right to canccl the SUfCty Bond in accordance with
its tenns. All rights and remedics of lhc Insurer undcr this Section 4,02 are cumulative and the exercise of
anyone remedy does not precludc the excrcise of one or rnorc ofthc othcr nvailable remedies,
ARTICLE V
SETTLEMENT
Thc Insurer shall have lhe cxclusive right to decide and dctcnnine whcther any claim, liability, suit or
judgment ma~ or brought againsl U1C Insurer, tbe Issucr or any other pmy on the Surety Bond shall or shall
not be paid, compromised, resisted, defended, tried or appealed, and the Insurer's decision lhercon, if made
in good faith, shall be final and binding upon the Insurer, the Issuer and any other pmy on the Surety Bond,
An itemized statement of payments made by the Insurcr, ccrti lied by an officer of thc Insurer, or the voucher
or vouchers for such payments, shall be prima facie evidence of the liability of the lssuer, ~md if the Issuer
fails to immediately reimburse lhc Insurer upon the reccipt of such stalement of paymcnls, interest shall be
computed on such mnount from lhe dutc of any payment made by the Insurer at the rutc set forth in
subsection (a) of Section 2.01 hereof,
ARTICLE VI
MISCELLANEOUS
Section 6,01. Interest Computations, All compututions of intercst due hereunder shull be made on the
basis of the UClUld number of duys elnpserJ over a yem' of 360 duys,
Section 6,02, Exercise of Rights. No fuilun:: or delay 011 the part of the Insurer 10 exercise any lighl,
power'or privilege under this Agrecmcnt and no course of dealing betwcen lhc:: Insun~r LU1d the Issllcr or any
other patty shall opemtc ~lS a waivcl' of any sllch righl, powel' or plivilegc, nOl'shull any single or pmial
exercise of any such right, powcr 01' privilege preclude lIny olher or flllther excrcise lhcreof or lhe exercise
of any other right, powcr or privilege. TIle righlS ~U1d remedies hcrein exprcssly provided arc Clll1l11lulive
and not exclusive of any lights or remedics which the Insurer would otherwise have purnmmt to IllW or
equity. No notice to or dcmlmd on Wly patty in uny casc shull cnlhle such pruty 10 uny othcr or f1ll1hcr nolice
or demand in similar or other circumstances, or constilule u wuivcr of lhe light of lhe olher pm1y 10 any
alher or further action in any ciIcumstanccs without nOlice 01' demand,
.:'..'
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Section 6.03, Amendment and Waivcr, Any pl\lvisiun of this Agn:cmentl11ay bc mncnded, waived,
supplemented, discharged or lCn11inatcd only with the plioI' wliUen consent 01' the Issuer and lhe Insul"Cr,
111e Issucr hereby agn.."CS lhat upon the wriuen rcquesl of lhe Paying Agcnl, the Insurer may make or conscnt
to issue any substitute for the Surely Bond 10 cure any ambiguity or 1'ol1lml defect 01' omission in the Surely
Bond which docs not materially change lhc lenns 01' the Surety Bond nor adven;c1y affcctthe rights of the
Owncrs, and this Agreement shall upply to such substituted surely bond. 11le InsureI' agrees 10 dcliver to the
Issucr and to the company or compmlies, if any, 1111ing the Obligations, u copy of sllch substitutcd surety
bond,
Section 6,04. Successors and Assigns~ Descriptive Headings.
(n), ,This Agreement shall bind, and lhe bcnelits thcreof shall inure to, lhe Issller and the Insurer
and thcir respective successors ~md assigns; provided, thut the Issucr may nollnmslcr or ussign any or
all of its rights and obligations hcreunder wilhout the prior written consent of the Insurer,
(b) The descriptive headings of the vmious plUvisions, of this Agreement are inserted for
convenience of reference only and shall not be decmed to affcct the meaning or constntction of any
of the provisions hereof.
Section 6,05, 'Other Sureties. If the Insurer shall procure any other surety to reinsure lhe Surety Bond,
this Agreement shall inure to the benefit of such other surety, its successors and assigns, so as to give to it a
direct light of action against the Issuer to enforce this Agreemcnt, and lithe Insurer," wherever used herein,
shall be deemed 10 include such reinsuring surety, as its respective interests may appear,
Section 6,06, Signnlure on Bond, TIle Issuer's liability shall not be affected by its failure to sign the
. Surety Bond nor by any claim that other indemnity or security \Vas to havc been obtaincd nor by the release
of any indemnity, nor the return or exchange of any collateml that may have been obtained,
Section 6.07. Waiver. The Issuer waives any defense that lhis Agreement was executcd subsequent
to the date of the Surety Bond, admitting and covenanting that such Surely Bond was executed pursuant to
the Issuer's request and in reliance on the Issuer's promise to execule this Agreement.
Section 6,08, Notices. Requests. Demand<;, Except as otherwise expressly provided herein, all
written notices, requests, demands or other communicntions to, or upon the respective parties hereto shall be
deemed to have been given or made when actually received, or in the case of telex or tclccopier notice sent
over a telcx or a telccopier machine owned or operated by a party hereto, when sent, addressed as specified
below or at such other address as any of the parties may hereafter specify in writing to the others:
!fto the Issuer: [ISSUER]
[STREET ADDRESS]
[CITY , STATE ZIP]
Attention: [PERSON AT ISSUER]
If to the Paying Agent: [FA YING AGENT]
Attention: Corporatc Trust Officer
If to the Insurer: MBIA Insurance Corpomtion
113 King Street
Annonk, New York 10504
Attention: Insured P0I1folio
Managemcnt Group
Section 6,09. Smvivul of Represcntations and Warranties, All representations, wummt!es and
obligations contained herein shall sltIvive the execution and delivery of lhis Agreement ~Uld lhe Surety
Bond,
Scction 6.10, Governing Law. 111is Agreement and the tights and obligutions of the pmties under this
Agreement shall be governed by and conslnled lUld interpreted in uccordance with the laws of the Stutc.
Section 6,11. Countelpmts. This Agtccment may be excculcd in lmy number of copies and by the
different parties hereto on the same or sepamte counlerpm1s, cach of which shall be deemcd to be an odginal
inslnlment. Complete counterparts of this Agrcemcnl shull be lodged with lhc Issuer and the Insurer,
I"
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, Section 6.12. Severabilitv. In 'the event any provision of this Agrecment shall be hcld invalid or
unenforceable by any"court of competcnt jurisdiction, such' holding shall ,not invulidritc'orrendcr,
une~orceable any other provision hereof.. , '
, Seetion 6.13. Survival of Obligations. Notwithstanding anything to lhe contr.lIY contained in this
Agreement, the obligation of U,e Issucr to pay all amounts duc hereundcr nnd,lhe rights of the Insurer to
pursue all remedies,shall'sulVivc the expimtion, lennination or substitution of theSurcty Bond and Ulis
, Agreement.
, "IN WllNESS WHEREOF, each of the patties hereto has caused n' counterpart of this Agreement to be
dU,ly executed and delivered as of the ,dnte ,first above written. '
{1SSUER]
By:
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ANNEX A
DEBT SERVICE n,ESERVE
SURETY BOND
MBIA Insurance Corporation
Arnlollk, New York 10504
Surely Bond No, [POLICY NO,]
MBIA Insurance Corporation (the "Insurer"), in consideration of the paymenl of the premium and subject to
lhe terms of this Surety Bond, hereby unconditionally and irrevocably guarantees the full and complete payments
Ihat are to be applicd to payment of principal of ~lI\d interest on the Obligations (as hereinafter defined) and that are
required' 10 be made by or on behalf of [NAME OF ISSUER] (the "Issucr") under Ihe [TITLE OF THE
DOCUMENT] (lhe "Document") to [NAME OF PAYING AGENT], (the "Puying Agent"), as such payments are
due but shull not be so paid, in connection with the issuance by the Issuer of [TITLE OF THE OBLIGATIONS] (the
"Obligations"), provided, that the amount available hereunder for payment pursuant to anyone Demand for Payment
(as hereinafter defined) shall not exceed [a: FIXED COVERAGE [Dollar Amount of Coveragel or the debt service
~eserve fund requirement for the Obligations, whichever is less (the "Surety Bond Limit"); provided, further, that the
amount available at any particular time to be paid to the Paying Agent under the terms hereof (the "Surely Bond
Coverage") shall be reduced and may be reinstated from time to time as set forth herein,] or [b: VARIABLE
COVERAGE the annual amount set forth for the applicable bond year on Exhibit A attached hcretq (the "Surety
Bond Limit"); provided, furl her, that the amount available at any particular lime to be paid to the Paying Ag.ent
under the terms hereof (the "Suret)' Bond Coverage") shall be reduced and may be reinstaled from time to time as
set forth herein.]
1. As used herein, the term "Owner" shall mean the registered owner of any Obligation as indicated in the
books maintained by the applicable paying agent, the Issuer or any designee of the Issuer for such purpose, The
term "Owner" shaH not include the Issuer or any person or entity whose obligation or obligations by agreement
constitute the underlying security or source of payment for the Obligations.
2, Upon the later of: (i) three (3) days after receipt by the Insurer of a demand for payment in the form
attached hereto as Attachmentl (the "Demand for Payment"), duly executed by the Paying Agent; or (ii) the
payment date of the Obligations as specified in the Demand for Payment presented by the Paying Agent to the
Insurer, the Insurer will make a deposit of funds in nil account with State Street Bank nnd Trust Company, N,A" in
New York, New York, or its successor, sufficient for the payment to Ihe Puying Agent, of amounts that arc then due
to the Paying Agent (as specified in the Demand for Puyment) subject to the Surety Bond Coverage,
3. Demand for Payment hereunder may be made by prepaid telecopy, telex, TWX or telegram of the
executed Demand for Payment c/o the Insurer, If a Demand for Payment made hereunder does not, in any instance,
conform to the terms and conditions of this Surety Bond, the Insurer shall give notice to the Paying Agent, liS
promptly as reasonably practicable, thaI such Demand for Payment was not effected in accordance with the terms
and conditions of this Surety Bond and briefly state the reason(s) therefor, Upon being notified that such Demand
for Payment was not effecled in accordance with this Surety Bond, the Paying Agent may altempt to correct any
such nonconforming Demand for Payment if, and to the extent that, the Paying Agent is enlitled'and able to do so.
4, The amount payable by the Insurer under this Surety Bond pursuant to a particular Demand for Puyment
shall be limited to the Surety Bond Coverage, The Surety Bond Coverage shall be reduced automatically to the
extent of each payment made by the Insurer hereunder and will be reinstated to the extent of ench reimbursement of
the Insurer pursuant to the provisions of Article II of the Fimmcial Guaranty Agreement dated the date hereof
between the Insurer and the [ISSUER OR OBLIGOR] (the "Finnncinl Gunranly Agreement"); provided, {ANNUAL
PREMIUM OPTION: that no premium is due and unpaid on this Surety Bond and] thllt in no event shall such
reinstalement exceed the Surety Bond Limit. The Insurer will notify the Puying Agent, in writing within five (5)
days of such reimbursement, that Ihe Surety Bond Covernge has been reinstated to the extent of such reimbursement
pursuant to the Financial Guaranty Agrec:ment <lnd such reinsUllement shall be effective liS or the date the Insurer
gives such notice. The notice to the ,Paying Agent will be substllntially in the form nlltlchedhcreto ns AlInchmcnt 2.
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5. AllY service of I'Jrocess on the InslIrer or notice to the Insurer may be made to the Insurer nt its offices
, locllted lit 113 King Slreet, Armonk. New York 10504 and such service of process shall be valid IInd binding, .
6. The lerm of this Surety Bond shall expire r ANNUAL PREMIUM OPTION: ,unless cuncelled pursuant to
parugrnph 9 hereof.l on the earlier or (i) [MATURITY DATE] (the maturity dule of the Obligalions being currenlly
issued)" or (ii) lhe date 011 which the Issuer hus made ull payments required to bc mude on the Obligations pursuant to
the Document, '
7.' The prcmium payable on Ihis Surety Bond is not rcrunduble for any reason. including the payment prior 10
maturity of the Obligations, '
8. [OPTIONAL FIRST SENTENCE: This Surcty Bond shall be governcd by and interpreted under lhc laws
of the Slate of (STATE)], Any suit hercunder in connection \Vilh any payment may be brought only by the Puying
Agent within [lor 3 yenrs] after (i) a Demand for Payment, wilh respect to such payment. is made pursuant to the
terms o(this Surety Bond and the Insurer has failed to make such pnymclll, or (m payment would otherwise huve,
bcen due hereunder but for the failure on the part of the Puying Agent to deliver to the Insurer a Demand for
Payment pursuant to the terms of this Surety Bond, whichever is earlier,
[NOS. 9 and 11 are OPTIONAL]
. ,
9" Subject to the terms of the Document. the Issuer shall have the right. lIpon 30 days prior wrillen notice to
the Insurer and the Paying Agent, to terminate this Surety Bond. In the event of a failure by the Issuer to pay the
premium due on' this Surety Bond pursuant 10 the terms of the Financial Guaranty Agreemcnt, the Insurer shall have
" the right 'upon [No, of days] days prior writren notice to the Issuer and the Paying Agent to cancel this Surety Bond,
, No Demand for Payment shall be made subsequent to such notice of cancellation unlcss payments are due but shall
not have been so paid in connection with the Obligations,
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10. There shall be no acceleration payment due under this Policy unless such acceleration is at the sole option
of the Insurer.
11: ' This policy is not covered by the Property/Casualty Insurance Security Fund specified in Article 76 of the
New York Insurance Law,' ,
In witness whereof, the Insurer has caused this Surety Bond to be executed in facsimile on its behalf by ils duly
authorized officers, this [DATE] day of [MONTH.YEAR],
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MBlA INSURANCE CORPORATION
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AssiSlant Secretary
SB-DSRF-9-[STATE CODE]
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Alluchment J
Surely Bond No. IPOLICY NO.]
. DEMAND FOR PAYMENT
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, ,113 King Street '
"Armonk. New York 10504
Attention: President
" ' Reference is made to the Surety Bond No. [POLICY NO,J (the "Surety Bond") issued by the MBJA
, Insurance Corporation (the "Insurer"), 'The terms \vhich arc'capitalized herein and not otherwise 'defined have Ihe
I' , meanings,specified in the Surety Bond unless the context otherwise requires,
, The Paying Agent hereby certifies that:
,! (a) In accordance with the provisions of the Document (llll'achcd hereto as Exhibit A). payment is due to the
Owners of the Obligations on (the "Due Date") in an amount equal to $ (the "Amount Due").
(b) The [Debt Service ,Reserve Fund Requirement1 for the Obligations is $
(c) The amounts legally available to the Paying Agenl on the Due Date will be $_ less than the Amount
, ,Due (the "Deficiency").
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,Cd) The Paying ,Agent has not heretofore made demand under the Surety Bond for the Amount Due or any
, portion thereof. ' '
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The Paying Agent hereby requests that payment of the Deficiency (subject to the Surety Bond Coverage)
be made by the Insurer under the Surety Bond and directs that payment under the Surety Bond be made to the
'following account by bank wire transfer of federal or other immediately available funds in accordance with the
terms of the Surety Bond: '
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Attachment 2
Surety Bond No, [POLICY NO,]
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NOTICE OF REINSTATEMENT
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l~aying Agent]
[Address]
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Reference is 'mnde, to the, Surety Bond No, [POLICY NO,] (the "Surely Bond") issued by the MBlA
'Insurance Corporation' (the "Insurer"); The terms which are capitalized herein and not otherwise defined have the
fllcanings specified in the Surety Bond unless the COnlext otherwise requires,', ',' .', ' '
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, The Insurer hereby deJiversnotice that it is in receipt of payment" from the Obligor pursuant to ,Article II
of the Financial Guaranty Agreement nod ns of the date hereof Ihe Surety Bond Coverage is $
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ANNEX n
DEFINITIONS
For nll pUrposes of lhis AgrL"Cmcnl ~md the Surety Bond, except as otherwise expressly providcd hercin
or unless the contcxl othelWisc requircs, all capitalized lcnns shall have the 'meaning mi sct out below,
which shall be equally applicable 10 both the singular and pluml fonns oj' such lenns,
. 1tAgrccment" means this Financial Guaranty Agreemcnt.
'''Closing Date" means [~LOSING DATE], 1998,
"Commitmentll means lhe commitment to issue Munici~)al Bond Guaranty Irisunmce in lhe fonn
attnched hereto as Annex C, '
"Debt Service Payments" means lhose payments required 10 be mude by or on behalf of the Issucr
which will be applied to payment of principal of and interest on the Obligations,
j'Demand for Payment" means the certificate submitted 10 lhc Insurer fOr payment under the Surety
Bond substantially in the fonn attached 10 the Surety Bond as Attachment I. '
trDocument" mcans [DOCUMENT],
, "Event of Default" shall mean those events of dcfault set f01th in Scclion4.01 of the Agreement.
"Insurer" has the same meaning as set forth in the first pamgrnph of this Agreement.
llIssuer" means [ISSUER],
UObligationsu means [LEGAL TITLE OF ISSUE] [IF APPLICABLE: together with any bonds
issued on a parity therewith].
"Owners" means the registered owner of any Obligation as indicated in lhe books maintained by the
Paying Agent, the Issuer or any designee of the Issuer for such purposc,
"Paying Agent" means [pAYING AGENT],
"Premium" means [PREMIUM} payable 10 the Insurer on or prior to the Closing Dale.
uReimbursement PetiodU means, wilh rcspect to a particular Surely Bond Payment, the period
" commencing on the dale of such Surety Bond Payment and ending on thc earlier of thc dutc of cWlcellation
of the Surety Bond due to nonpayment of Premium whcn due or on the expimtion of x following such
Surety Bond Payment. '
lIReimburscmcnt Rate" melU1S Citib~mkts prime mte plus three (3) percent pcr annum, ns of the datc of
such Surety Bond Payment, said "prime rule" being lhe mle of intcrest ~mnounccd from time to timc by
Citibank, N,A., New York, New York, as its prime mle, 'The mtc of inlercsl shall be calculated on the basis
, , , , of the actual number of days elapscd over a 360-day year.
IIStatell means [STATE].
"Surety Bond" means that surcty bond uuuched hercto us Anncx A und issued by lhe Insurer
guarnnteeing, subject to the tenns and limitations thereof, Debt SClvicc Puymenls required to be made by
the Issuer under the Document.
, "Surcly Bond Coverogell mc~ms thc mnollnt uvtulablc ut any pmticular lime to be paid undcr thc telms
of the Surety Bond, which amount shall never exce<:d the Surely Bond Limit,
t1Suret~ Bond UmiC' meunslSUREI'Y BOND LIMIT].
lISurety Bond PaymenC' means un amount cquul to lhe Debt Selvicc Payment required to be made by
the Issuer pursurmt to the Document less (i) t1ult portion oj' the Debl SClvicc Payment puid by or on bclmlf of'
the Issucr, and (ii) other funcJs legally avuilablc for payment tu lhe OWllcni, ull ns cCltificd in a Dcmlmd for
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EXHIBIT E
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FORM,OF DEBT SERVICE AGREEMENT
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,DEBT SERYICE AGREEMENT
-re:
$
City of Clearwater Florida Revenue Bonds
, , (Spring Training Facility)
Series'2002
. Dated as of Sep~em~er _, 2002
Among,
~ity of Clearwater, Florida
, '
and
MBIA Insurance Corporation
and
[PAYING AGENT].
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DEBT SERVICE AGREEMENT
THIS DEBT SERVICE AGREEMENT (thc UAgreemenlH) made and enlered
into. as o.f September _.2002, by and among the City af Clearwatcr, Floridu, u mUllicipnl
carpanllian (the "City"), MBIA Insurance Corporation, a New York insurance company
, (uMBIA"), and [PAYING AGENT], a [state][nutianal] banking associatian. aspayfng
agent' .far th,e hereinafter described Bands (thc "Paying Agent").
WHEREAS, the City is issuing, on lhe dutc hereof, its $ City of
Ciearwater, Flarida Revenue Bonds (Spring Training FnciIity), Series 2002 (the "Bonds")
and has designaled lhe Paying Agent us the paying agent far the Bonds~ and
'''HEREAS. the Bonds are being issued pursuant to Ordinance No.. 6675-01,
enacted by thc City Commissian af the City on January 18, 2001, us amended hy
Ordinance No., 6854-01, enaclcd by the City Commission of the City an September 6,
2001, as further amcnded by Ordinancc No., 7016-02, enactcd by the City Commissian of
the City on Augusl 22, 2002 (callectively, the "Bond Ordinance"), and Resalutian No.,
02-43. adapted by the City Commissian af the City an August 22, 2002 (the
"ResolutianH); and '
WHEREAS, the Bonds arc payable from certain manthly payments to. be made
by the State af Florida to the City in uccardancc with Seclion 288.1162, Flarida Statutes'
, (the 64Stute Payments") and by Pinellas County. Florida (lhe "County') to lhe City in
accordance with an Intcrlocal Agreemenl dated us 0.1' Deccmber 1, 2000 betwcen the
County und the City (the "County Payments"), and no revenues of the City (olher than
the Caunty Payments and the Stale Paymcnts) are pledged by the Band Ordinance to the
rcpayment of the Bonds; und
. WHEREAS, in consideration of MBIA issuing ilS Municipal Band Insurance
Policy (the Upolicy") to insure the timely payment of the Bonds and its Dcbt Service
Reserve Surety Bond (the USurety Bond") in lieu of a cash deposit by the City to the Dcbt
Service Rcserve Fund for the Bonds created by thc Bond Ordinance, lhe City has agreed
to enter inla this Agreement with MBIA,
NOW THEREFORE, in cansideralian of the above premises and far other goad
and valuable consideration, the receipt and sufficiency af which is hercby acknowledged,
and in further cansideration of the mutual covenanls and undertakings set fOl111 in lhis
Agreemenl, the pUl1ies mutually agree as follows:
SECTION 1. RECITALS AND DEFINITIONS, The foregoing recitals are
lrue and con-ect and are incarporated in lhis Agreement by reference, Capitalized lerms
used, und not otherwise defincd herein, sluill huve the mcanings uscribcd to such terms in
the Bond Ordinunce.
,
"
SECTION 2. CITY~S PA Yl\tIENT OBLIGATIONS, The City is collccling tlw
Counly Paymenls and the Stute, Payments on a monthly basis, in advance of cach
respective Puyment Date on the Bonds, and will, in accordunce with the Bond On.linuncc,
forWard such funds in an amount equal to the dcbt scrvicc paymcnt due on thc Bonds on
each respectivc Paymcnt Datc to lhe Paying Agcnt in ordcr to cnable the Paying Agenl to
pay thc dcbt service on the Bonds on each such Paymenl Dale, In thc cvent the City docs
not huvc on dcposit in lhc Revenue Fund sufficicnt funds dcrived from the County
Payments und lhe SWle Paymcnts on any Payment Date to pay the principal and intcrcst
on the Bonds lhen due, the City will supplcment the Counly Paymcnts and State
Payments moneys it has on deposit in the Revenue Fund with olhcr legally available
Non-Ad Valorem Revcnucs of lhe City, and will provide to the Paying Agent sufficient
funds to pay dcbt service lhen due on the respective Paymcnl Date, all in accordance with
the Bond Ordinance, For purposes of this Agrcement the tcrm "Non-Ad Valorem
Revenues" shall mean all rcvcnucs of the City dcri ved from any source whatsoevcr other
than ad valorem taxation on real or personal property, which arc Icgally available 10 makc
lhe paymenls required hcrein, bUl only after provision hus bcen mudc by lhe City for thc
paymcnt of all essential or legally mandalcd serviccs.
In the event the Paying Agent, for whutever rcason, docs not have sufficient funds
available on any Payment Dutc to pay lhc principal or interest due on the Bonds on 'such
date, such that the Paying Agent is required to seek a paymenl under the Surety Bond, thc
City, agrees that it will rcpay such draw undcr thc Surety Bond with legully available
Non-Ad Valorem Revcnues within 30 days of the date of such draw, together with any
interest due on such draw as required by thc Surety Bond,
, SECTION 3. CITY REIMBURSEMENT RIGHTS. The City shall be cnlitled
to rcimburse itself from fulure receipls of County Payments and State Payments (but only
after providing for the timely payment of principal and interest on the Bonds on any
Payment Date) for any amounts it pays as required by Section 2 hereof. It is expressly
agreed by lhe parties herelo that the City is not pledging any spccific funds or revenues of
the City to support its payment obligations under Section 2 hereof, und that any such
payment is in the nature of un advancc, on bchalf of the Stutc or thc County, as the case
may be, rcsulting form the. City's reccipt of a late County Payment or late Statc Payment.
"
SECTION 4. NON-AD VALOREM REVENUES. Thc agreemcnt of the Cily
to advance legally available revenues to thc Paying Agent to cure uny deficiency in funds
providcd by latc County Payments and or lutc State Payments does not creule any lien
upon or pledge of the Non-Ad Valorem Revenues of the City, nor does it preclude lhe
City from pledging in the future its Non-Ad Valorem Revenues, nor docs it rcquire the
City to levy and collect any palticular Non-Ad Vulorcm Revenues, nor does it give the
Owners of the Bonds or MBIA u prior claim on the Non-Ad Vulorem Revenues as
opposed to claims of general crcditors of such City, Any payment under lhis Agreement
from Non-Ad Valorem Revenues is subjecl in all respccts to thc payment of obligations
securcd by a specific pledge of such Non-Ad Vulorcm Rcvenucs herelofore or hereinaftcr
entered into (including the paymcnt of debt service on bonds and othcr debt inslrumenls),
The City's payment obligalions set forth in Section 2 hcreof is subject in all respects to
2
lhe restriclions of Scclion 166.241(3), Florida Stallltes, which provides, in pm1t lhut the
govcrning body of cach municipality make appropriulions for each ftscul year which, in
any onc ycar, shall not cxceed the amount 10 be rceeived from taxation 01' other revenue
sourccs and to the payment of services und progrums which are for, essenlinl public
purposes uffecting the health, welfare and safety of the inhubitanls of lhe City or which
arc legally mandated by applicable law,
"
SECTION 5. REPRESENTATIONS AND WARRANTIES OF THE CITY,
The City hereby represenls and warrants 10 MBIA us follows:
(a) the City is a municipal corporation under the laws of lhe Slale of Florida~
(b) the City has taken all aclion on its part required to be taken in ,order 10
enter into; exeCUlet deliver and perform its obligations under this Agreement;
(c) the execution, delivery and perfonnance by the City of this Agreement
does not contravene any law or any contractual restriclion, binding on or affecting the
City; .
., "
"
(d) no authorizalion or approval not already obtained from or other aclion by,
and no authorization and/or notice to or filing with, uny governmental authority or
regulatory bodyt is required for the due execution, delivery and performance by the City
of this Agreemenl;
(e) this Agrcement is a legal; valid and binding obligation of the City and is
enforceable against the Cily in accordunce with its terms, except that the enforceabilily of '
this Agreement is subject to limitmions imposed by bankruptcy, insolvency,
reorganization, moratorium or olher similar laws relating 10 or affecting creditors' righls
generally and gcneral principles of equity (regurdlcss of whether such enforceability is
considered iri a proceeding in equity or at law)~ and
(t) the payment obligations of the City under Section 2 hercof are not subject
to prior appropriation and budgeting as such payments are to be made in accordance with
the City's customary cash munugcmenl proccdures,
SECTION 6. TERM OF AGREEMENT, The City's obligations hereundcr
shull remain in full force and effect until the Bonds have been puid or defcused in
accordunce with the Bond Ordinancc.
SECTION 7. EVENTS OF DEFAULT, As used herein, the term' IIEvcnl of
Default" shull mean anyone or more of the following:
(a) The City's failure to mukc any payment required by Section 2 of this.
Agreement; when due;
~~
3
,e..,,_________..____
(b) the filing by the City of u voluntary petition in bankruptcy or if lhc City
shull be adjudiCatcd as bankrupt or insolvent or file any petition or olhcr pleadings
sceking any reorganization, composition, readjuslmenl, liquidation or similar relief under
UIlY present or futurc federal" state or local Inw or rcgulalion, or if lhe City shall seck or
consent to or acquiesce in the appoinlmcnt of any truslec, reccivel~ or liquidator of the
City or of all or any subslantiul part of the Cily's assets, or makc a generul assignmenl for
the benefit of its creditors, or admit in writing its inability 10 pay its dcbts, respectively,
generully as such debts become due;
,",
, (c) the filing of a petition or olher pleading against the City sceking an
adjudication of bunkruptcy, organization, composition. readjustment, liquidation or
similur relief under uny present or future federal. state or local law or rcgulation, providcd
such petition or olher pleading shall remain undismissed for an aggregutc of ninety (90)
,days (whether or not conseculive);
" '
(d) the appoint,ment, by order or decree of any court of competent jurisdiction,
without the ,consent or acquiescence of the City, of a truslcc in bankruptcy or
reorganization or re,ceiver or liquidator of the Cily and any such order or decrce shall
, have continued unvacated or unstaycd on appcal or otherwise and in cffcCl for a period of
ninety (90) days (whether or not consccutive);
(e) the making by the City of a material representation under the terms of this
Agreement which proves false in any matcrial respect.
SECTION 8. REMEDIES, Upon lhe occurrence of any Event of Default
cnumcratcd above, MBlA, or the Paying Agent on MBlA's behalf, may take whatever
action at law or in equity, including appropriate injunctive relief, it may have to collect
any amounts then due and thereafter to bccome due, or 10 enforce the pcrformance or
observance of any obligations, agreements or covcnants of the City under lhis
Agreement.
.1'
In the event of an Event of Default by the City, MBlA or the Paying Agent in the
name of MBIA, shall within two (2) Business Days ufter the occurrence of such Event of
Default notify the City of such default. ' The foregoing giving of notice shull be a
condition precedent to the institution of any suit or other legal proceeding, including but
not limited to mandamus or an action for specific perfonmmce by MBIA or the Paying
Agent against the City for an Event of Default.
In the event that any Event of Default or any procceding undcrtakcn by MBIA or
the Paying Agent thereon shall be waived or dctermined adversely to MBIA, then such
Event of Default shall be annulled and MBlA and the City shall bc restored to their
former rights hereunder, but no such waiver OJ' detcrmination shall extcnd to any
subsequent or other default or impair any righls conscqucnt thereon, '
4
SECTION 9. MISCELLANEOUS,
, (a) No rcmcdy hcrcin, confen'cd upon or rcserved to MEIA or, thc Paying
Agcnt is intended to be exclusivc of any othcr availablc rcmedy or rcmedics, but cach
such remedy shall becumulativc and shall bc in addition to cvcry other remedy given
Cunder the Agrccment or now or hereafter cxisting at law or in equity, No delay or
omission to excrcise any right or power uccruing upon any dcfault, omission or failurc of
pcrfonnance hereunder shall impair any such righl or powcr or shall bc construcd to be a
waiver thereoF, but any such right and powcr may be cxerciscd from time to timc and us
oftcn as may be deemed expedicnt.
In the event any provision containcd in this Agreemcnt should be breached by the
City and thereafter duly waived by MBIA und or the Paying Agent, such waiver shall be
limited to the particular breach so waived and shull not be dcemed to waive any other
breach hereunder. No waiver, amendment, release or modification of this Agrecment
shall be established by conduct, custom or course of dealing,
I.".
(b) ,The invalidity or unenforceability of any onc or marc provisions of this
Agreemenl shall not aFfccllhe v~lidity or enForceability of the remaining portions of this
Agreement. or any part thereof. '
(c) No amendment to or modification of this Agreement shaJl be valid or
binding upon MBIA or the City unless madc in writing and signed by the parties hereto
after written approval by the Paying Agent.
','
(d) Any notice, demand, direction, request or other instrument authorized or
required by this Agreement to be given 10 or filed with MBTA, the Paying Agent or lhe
City, shall be deemed to have been suff1ciently given or filed for all purposes of this
Agreement if personally deliv~red and receipted for, or if sent by registered United Stales
mail. return receipt requested. addressed :.IS follows:
l\..
(i)
As to the City:
City of Clearwater, Florida
Municipal Services Building
100 S. Myrtle Avenue
Clearwater, Florida 33756-5520
Attention: Finance Director
Wilh copies to:
Pam Akin, Esq.
City Attorney
City of Clearwatcr, Florida
,112 South Osceola A venucl 3rd Floor
, Clcarwater, FIOIida 33756
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(Ii) As 10 the Pnying Agent:
, Florida
Attention: Corporute Trust
(iii), As to MBIA:
MBIA
113 King Street
Armonk, New York 10504
Attention: Larry Levitz
Any, party hercto may, by noticc scnl 10 the other partics herclo, designalc a
different or additional address to which notices under this Agreer:ncnt arc 10 be sent.
{e} This Agrcement may be executed in any number of counterparts, each of
which when so executed and delivered shull be an original; but such counterparts shall
together constitute but one and the same instrument.
(1) . This Agrcement shall be governed by and construed in accordance with
the laws of the State of Florida,'
(g) All capitalized teoos used in this Agreement and not otherwise defined
herein shall have the meanings ascribed therelo in the Bond Ordinance.
(h) This Agrcemenl shall not be assigned by, any party without the prior
written consent of the other parties hereto, provided however, that in the event the Paying
Agent resigns or is replaced. ils successor shall automatically, become a party 10 the
Agreement upon such successor accepting the duties of paying agent under the Bond
Ordinance.
, ,
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(i) If any action at law or in cquity, including an action for declaratory
judgment, is brought to enforce or interpret the provisions of this Agreement, the
prevailing party or parties shall be entitled to recover reasonable attorneys' fees and costs
(including those from appellate procecdings) from the other non-prevailing party,
{Remainder afpage left imemiollally blank]
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IN WITNESS \VHEREOF, each of the pm1ies hereto has caused this Agreement
to bc exccutcd nnd delivered in its nam~ and on its behulf' by its duly uuthorized'officer
and its official seul t() be attached hereto, and attested by unother authorized officer as of
the dute, first nbo"ve written, '
, A TrEST:
. : City Clerk
Approved 'as to'from und
legal sufficiency:
, I
City Attorney
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CITY OF CLEARW ATERt FLORIDA
. By:
, City Munager
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MBIA INSURANCE CORPORATION
By:
Name:
Title:
By:
Name:
Title:
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[PA YING AGENT].
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'AGENDA
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08/22/02
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Final Agenda lIem #
Meellng Dale:
PLU 2-
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Clearwater City" Commission
, Agenda Covel' Memorandum
, Worksession Item #;
08/22/02
SUBJECT/RECOMMENDA TION:
Approve the State of Florida Department of Transportation contract renewal for sweeping State
roadways. and adopt Resolution no. 02-39
X and that the appropriale 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 2, 2002. The contract has an annual renewal option for the
co'ntinued 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.
+ F'DOT Standard Agency Format requires conformapce with the Manual, of Uniform Traffic Control'
Devices (MUTeD), The Public Services Department has the necessary eq'uipment to.conform to
th,e MUTCD, i.e.... a shadow truck with an attenuator and arrow board.
+ FDOT 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.
iA. Originating 0 pt.:
{ "PWA/PUbIlC rvlc
(G,Johnson
User Oopt.:
Costs
Reviewed by:
Legal ~ Info Service
Budget Public Works
PurchasIng N/A CM/ACM
Risk Mgmt N/A Olher
Total
Funding Source:
Current FY
CIP
OP
Other
Attachments
Resolution 02.39
Submitted by: "'" 'M J A ...:. _
City Manager' o.c;w ~
Prlntod on recyclod paper
o None
Appropriation Code:
Statoroad swae pin (J,d oc
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RESOLUTION NO. 02.39
',A RESOLUTION OF THE CITY OF CLEARWATER,
. FLO,RIDA, AUTHORIZING THE EXECUTION OF A
MAINTENANCE AGREEMENT BElWEEN 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 IIAII; 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.
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, 'SectiCrj,'2:"This'resolutiori'shall take'effect immecHi;ltely upon adoption.
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PASSED AND ADOPTED this
day of
,2002, ,
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Brian J, Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City plerk
Resolution No. 02-39
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Contract No. AK 872.
State Job No(s), 4096751720 I
W.P,l. No(s).
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
MAINTENANCE AGREEMI!~NT
STANDARD AGENCY FORMAT
BY TI-JIS AGREEtvlENT, made amI cntered into this3'RO day of OcT · . 20Qj, by and
between thc STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, District VII, un
agency of the State of Florida, hcrcinnller called nDepartmentn and
The City ofClcarwater, hereinafter caUed tlAgencytl, hcreby agree as follows:
1. SERVICES AND PERFORMANCE
A. In connection with performing maintenance of roadway sweeping within the
Department's Right-or-way in the City of Clearwater, the Department docs hereby
retain the Agency to furnish ccrtain services, information and items as described in '
,Exhibit nAil, att"ached hereto and made a part hereof. These services werc acquired in
compliance with 8.287.055 F.S.
B.
Before any additions or deletions to the work described in Exhibit nAu, and before
undertclang any chwlpcS Qr revisions to sueh work, the parties shall enter into a
SupplcmentalAgree~nent covering such modifications and the compensation to be
paid therefor. Performance of any such scrvices prior to the execution of a
Supplemental Agreement will rcsult in nonpayment of those services, Reference
hercin to this Agreement shall be con'iidered to include any supplemental thereto. ,
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Where Exhibit nAil calls for the preparation of tracings, 'plans. specifications, maps,
andlor reports these items as well as all data collected, together with summaries and
charts derived there from, shall be considered works made for hire and shall become
the property ofthe Departme'nt without restriction or limitation on their use; and shall
be made available, upon request, to the Depmtmcnt at any time. The Agency shall not
copyright any material and products or patent any invention developed under this
Agreement. The Department will have the right to visit the site for inspection ofthe
work and the drawings of the Agency at any time.. Unlcss changed by written
agreement of the , parties, suid site shull be See Exhibit "AU
D. All final plans, documents. reports, studies and other dolo prepared by the Agency
, will beor the emJorsement of'apersoll in the full employ ortlle Agency. :
E, The Department will be entitled at ulltimes to be, advised, at its request, as to the
status of work being done by the Ageney and orthe details thereof, Coordination
, sholl be maintained by the Agency with roprcsentutives of the Department.
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Exhibit "A"
Resolution No. 02-39'
DCD7-MA 1,0
6/6/00
F. All services shall be pcrlhrmcJ by the Agency to the sali~taction oftlle Director who
shall decide all questions,difiiculties and displlt~s ornny nature whutsocvcr tha't may
arise under or by reuson of this Agreement. The Director's (It:cision upon all claims,
questions and disputes shull be final and binding upon all parties. Adjustments 0 f
compensation nnd contract time hccausc orany major changes in the work that may
become necessury or dcsirablc shall be lefl to the absolute discretion Oflhc Director.
Reference herein to Director shall mean the Department's District Secretary for
District Seven, or his designee.
2.' TERM
A.
Initial Term. This Contract shall begin on the date ofcxecution and shall terminate on
See Below , Subsequent to the cxecution of this
Agrcemcnt by both parties, the services to be rendcred by the Agency shall commence
and be completed in accordance with the option selected below.
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[X ], Services shall commence upon written notice from the Departn1cnt's Contract
Mnrluger and shall be completed by 365 Duvs or date of
termination, whichever occurs first.
[ ]
Services shall eommenet: ; 20_, and shall be completed by
_,20_ or date ofteirnination whichever oceurs ftrst.
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[] Other: Sce Exhibit "A"
B. RENEWALS
[ 1 This Contract may not be renewed.
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[X] This Contract may be renewed on a yearly basis for a period of up to two
years after the initial contract or for a period no longer than the term of the
original contract, whichever period is longer. Renewals shaH be contingent
upon satisfactory performance evaluations by the Department and subject to
the availability of funds. Any rcnewal or extension shall be in writing and
executed by both partics, and shall be subject to the same terms and
conditions set forth in this Agreement.
C. EXTENSIONS, In the event that circumstances arise which make performance by
the Agency impracticable or impossible within the time allowed or which prevent a
new contract from being executed. the Dcparlment, in its discretion, may grant an
extension of this Agreement. Extension of this Agreement shall be in writing for a
period not to exceed six (6) months and shall be subject to the same terms and
conditions set forth in this Agreement; provided the Department may, in its discretion,
grant a propo~tionul increase in the total dollar amount based on the method and rate
cs'tablished herein. There shall be only one extension or this Agreement unlcss the
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6/6100
failure to meet lhe criteria set lorlh in this Agreement Ii.H complelion of lhis
Agreement is due to events beyond the COnIroJ of the Agency.
It shall be the responsibility orthe Agency to ensure at alllimcs lhot sufficient time
remains in the Project Schedule within which to complete services on the project. In
the event there have been delays which would aficct the project complclion date, the
Agency shalf submit n written request to the Department which identities the rcason(s)
for the delay and the amount 0 f time related 10 each reuson. The Department will
review the request und make u delcnninution as to granting all 'or part ofthe requested
extension.
3. COMPENSATION AND PAYMENT
A; The Department agrees to pay the Agency lor'the hercin described services at a
,compensation as dctailed in Exhibit "B" attached hercto and made a part hercof:'
B. 'Payment shall be made only after receipt and approval of goods and services unlcss
advance payments, arc authorized by the State Comptroller under Section
215.422(14)~ Florida Statutes.
c.
, If this Contract involves units of dclivcrabIcs, tht..~ such units mllst be received and
accepted in writiug by the Conlruct Manag~r prior to payments.
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D. ' Any penulty for delay in payment shull be in accordancc with Section 215.422(3)(b)~
Florida Statutes,
E. . Bills for fees or other compensation for services or expenses shall bc submitted in
detail sufficient for a proper preaudit and postuudit thereof.
F. Bills for travel expenses specifically authorized shall be submitted and paid In
accordance with Section 112.061, Florida Statutes,
G. The Agency providing goods and services to the Dcpartment should be aware of the
following time frames, Upon receipt, the Department has five (5) working days to
inspect and approve the goods und services, unless the Agreemcnt specifics otherwisc.
The Depnrtmenl hus 20 days to deliver a rcquest for payment (voucher) to the
Department of Bunking and Finance. The 20 days arc measured from thc lottcr oftlle
date the invoice is reccived or the goods or scrvices arc rcceived, inspected and
approvcd,
I-I. If a payment is not availablc within 40 days, a separatc interest penally of ,03333
percent per day will be duc und puyablc, in uddition to the invoicc amount, to the
. Agency. Interest penalties orless than one (]) dollur will not be cnlorced unless the
, Agency requests payment. Invoices which have to be rctlll'l1cd to n Agency bCC~UlSC
of Agency prepnration errors wiII result in a dduy in the pnymclll. The invoice
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payment requirements do not start until a 'properly completed invoice is provided 10
" the Department.
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A Vendor Ombudsman has been established within lhe Department of Banking and
Finance. The dutics of this individual ,include acling as an advocate for
contractors/vendors who may be expericncing problems in obtaining timely
payment(s) from a stEllC agency, The Vendor Ombudsman may bc contactcd at (850)
488-2924 or by calling the State Comptrollcr's Hotline, I ~800-84S-3792,
1.
Records of cosls incurred undcr tcnns of this Agrcement shall be, maintained and
made available upon request to the Department at all times during thc period of this
Agreement and for three years after final payment is made. Copies of these
documents and records shall be furnished to the Departrnent upon request. Records
. of costs incurred includes the Agency's gencral accounting rccords and thc project
rccordst together with supporting documents and records, of the Agency and all
, subcontractors performing work on the project, and 'all other records of the Agency
,and ,subcontractors considered necessary by the Department for a proper audit of
, costs.
K.
The Department; during any fiscal yeart shall not expend moneYt incur any liability, or
enter into any co~tract which, by its terms,. involves the expenditure of money in
exc'ess of the amounts budgeted as available for expenditurc during such fiscal year.
Any contract, verbal or writtent made in violation ofthis subsection is null and void,
and no money may be paid on such contract. The Department shall require a
statement from the Comptroller of the Department that fundsare available prior to
entering into any such contract or other binding commitment offimds, Nothing herein
contained shall prevent the making ofconlracts for periods exceeding one year, blit
any contract so made shall be executory only for the vulue of the services to be
,rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of
Floridats performance and obligation to pay under this Contract is contingent upon an'
annmil appropriation by the Legislature.
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4. INDEMNITY AND SURETYSHIP
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A ' .INDEMNITY. To the extent provided by law, The City of Clearwater shall
indemnifY, defend, and hold hannless from any claim, loss, damage, cost, charge, or
, expense arising out orany act, error, omission, or negligent act by The City of San~ty
Harbor, its agents, or employees, during the performance of the Agreement, except
, that neither The City ofCleurwater , its agents, or its employees will be liable under
this paragraph for any claim, loss, damage, cost, charge, or expense arising out ornny
act, error, omission, or negligent act by the Department or any ofits officers, agents,
or employees during tlie performance of the Agrcement.
When the Depnrtment receives a notice of claim for damages that may have been
caused by The City of Clearwater in the perfomlunce ofservices required under this
agreement, the Department will immediately forward the claim to The City 0 f Safety
Harbor. The City Safety Harbor and the Department will evaluate the claim and
report their findings to each other within fourtce!? (l4) working days and willjointly
discuss options in defending the claim. After reviewing the claim, the Department will
determine whether to require the participation of The City of Clearwater in the
defense of the claim or to require that The City of Clearwater defend the Department
in such claim as described in this section. The Department's failure to promptly notlly
The City of Clearwater of a claim shall not act as a waiver of any right herein to
require the participation in or defense orthe claim by The City of Clearwater. The
DepartI1?cnt and The City of Clearwater will each pay its own expenses for this
evaluation, settlement negotiations, and tnal, if any. However, if only one party
participates in the detense of,the claim at trial, that party is responsible for all
expenses at trial.
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B. LIABILITY INSURANCE.
[X ] No general liability insurance required,
[ ]
The Agency shull carry and keep in force during the period ofthis Agreement
a gencrnlliability insurance policy or policies with a company or companies
authorized to do business in Florida, aflbrding public liability insurance with
combined hodily injury limits of at least $ per pcrson and $_ each
occurrence, and property damage insurance 0 f at least $ cach
occurrence, for the services to be rendered in accordance with this
Agreement.
c: WORKERtS COMPENSATION. The Agency shall also carry und keep in force
Workerts Compensation insurance us required lor the Slate of Florida under the
Worker's Compensation Law. '.
D. CERTIFICATION, With respect to any insurance policy rcquired pursuant to this
Agreement~ all such policies shull be issued by CO!'lpnni~s ofrccognizcd responsibility
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and licensed to do busint:ss in tht: State of Florida, Agency shall provide to the
Department certiticates showing the rc()uircd coverage to be in ct1cct and showing the
Department to be an additional certificalc holder, Such policies shall provide that the
insurance is not cancelable except upon thirty (30) days prior written notice to ,the
Department.
5, COMPLIANCE \VITH LA \VS
A. The Agency shall allow public access to all documents, papers, letters, or other
, material subject to the provisions of Chapter I 19, Florida Statutes, and made or
received by the Agency in conjunction with this Agreement. Failure by the Agency to
gran't such public access shall be grounds for immediate unilatcral canccllation of this
Agreement by the Department. However, upon receipt of any such public records
request, the Agency shall immediately, and before releasing such records, notify the
Department's Contract Manager.
,B. '
The Agency agrees that prior to issuing any statements, press or publicity releases
conceming tlus Agreement or its subject matter or otherwise disclosing any of the
data or other information obtained or furnished in compliance with this Agreement, or
,any particulars thereof, the Agency will notify the Department1s Contract Manager.
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, C~. The Agency shall comply with all federal, state and local laws and ordinances
, applicable to the work or payment for work thereof, and shall not discriminate on the
grounds of race, color, reHgion. sex, or national origin in the performance of work
under this Contract.
D. Ifthe Agency is Licensed by the Department ofP'rofcssional Regulation to perform the
services herein contracted, then Seclion 337.162, Florida Statutes, applies as follows:
(1) If the Department has knowledge or reason to believe that any person has
violated the provisions of state professional licensing laws or rulcs, it shull
submit a complaint about the violations to the Department of Professional
Regulation, The complaint shall be confidential.
(2) Any person who is employed by the Department and who is licensed by the
Department of Professional Regulation and who, Ihrough the course of his
employment, has knowledge to believe that any person has violated the
provisions of state professional licensing laws or rules shull submit a complaint
about the violations to the Department of Professional Regulation, Failure to
submit a complaint about the violations may be grounds lor discipliruuy action
pursuant to Chapter 455 and the state licensing law applicable to that licensee,
The complaint shall be contidential.
(3) Any contidenlial information submitted to thc Departmcnt of Protessional
Regulation shall remain confidential pursuant to Chapter 455 and applicable
state Jaw.
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E. Agency covenants and agrees that it and its employees shall be bound by the standards 0 r
c'onduct provided in applicable Florida Statutes and applicable rules of the Board of
Professional Regulation as they relate to work performed under this Agreement. Agency
. further covenants and agrees that when a former state employee is employed by the AgencYt
the Agency will require that strict adherence by the lormer state employee to Florida Statutes
112.313(9) and 112.3185 is a condition ofemploymcnt for said tonncr state employee. These
statutes will by reference be made a purt ofthis Agreement as though set forth in full. Agency
agrees to incorporate the provisions of this paragraph in any subcontract into which it might
enter with reference to the work performed pursuant to this Agreement.
6. TER~nNATION AND DEFAULT
A. This Contract may be canceled by the Department in whole or in part at any' time the
,interest ofthe Department requires such termination. The Department also rescrves
the right to seck tero:t-ination or canccllation of this Agreement in the event the
Agency shall be placed in either voluntary or involuntary bankruptcy. The
Department further reserves the right to terminate or cancel this Agreement in the
event an assignment be made for the benefit of creditors. This Contract may be
canceled ~y the Agency only by mutual consent of both parties.
B. If the Department determines that thc performance ofthc Agency is not satisfactory,
. the Department s,hal! have the option of (a) immediately terminating the Agreement,
or (b) notifying the Agency of the deficiency with a requirement that the deficiency be
corrected within a specified timet otherwise the Agreement will be terminated at the
. end of such timet or (c) take whatever action is deemed appropriate by the
Department.
c.
If the Department requires termination of the Agreement for reasons other than
unsatisfactory performance ofthe AgencYt the Department shaH notily the Agencyof
such termination, with instructions us to the effective date of termination or specify
the stage of work at which the Agreement is to be terminated.
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" D. If the Agreement is terminated before pcrfomlUnce is completed, the Agency shall be
paid only tor that work satisfactorily performed for which costs can be substantiated.
Such payment, however, may not exceed an amount which is the same percentage. of
the contract price as the amount of work satisfactorily completed is a percentage of
the total work called for by this Agreement. All work in progress will become the
property of the Department and will be turned over promptly by the Agency.
7. ASSIGNMENT AND SUBCONTRACTS
A. The Agency shall not sublett assign or transfer nny work under this Agreement
without the prior writte,n consent oCthe Department.
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B. Check the appropriate box: .
[X]
The following provision is hereby incorporated in and made a part of this
Agreemcnt:
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It is expressly undcrstood and agreed that any articles which are the subject
of, or required to carry out this Contract (Agreement) shall be purchased from
the corporation identified undcr Chapter 946, Florida Statutes, in the same
manner and under the procedures sct forth in Section 946.5l5(2)t(4), Florida
Statutes; and for purposes of this Contract (Agreement) the pcrsont finnt or
other business entity (Agency) carrying out the provisions of this Contract
(Agreement) shall be dcemed to be substituted for this Agency (Department)
insofar as dealings with such corporation.
The "corporation identified" is Prison Rehabilitative Industries and Diversificd
Enterprises, Inc.' (PRIDE). A vailable pricing, products, and delivery
schedules may be obtained by contacting:
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PRIDE of Florida
(Attn: Bid Administrator)
5540 Rio Vista Drive
Clearwater, Florida 34620
Telephone: (727) 535-4900
[ ]
This Contract invoives .the expenditure of Federal funds and hence. Section
946.51 S, as noted abovet does not apply. Howevert Appendix I is applicable
to all parties and is hereof made a part ofthis Agreement. I
8. MISCELLANEOUS
. A.. The Agcncy and the Department agree that the -Agency, its employees,' and
subcontractors are not agents of the Department as a result of this Contract for
purposes other than those set out in Section 337.274, Florida Statutes.
B. Al~ words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used
in any gender shall extend to and include all genders.
C. This Agreement embodies the whole agreement ofthe parties. There are no promises.
terms, conditions, or obligations other than those contained herein, and this Contract
shall supersede all. previous communications, representations, or agreements, either'
verbal or writtent between the parties hereto.
D. It is understood and agreed by the parties hereto that irany part, term or provision of
this Contract is by the courts held to be illegal or in conflict with any law of the State
of Florida, the validity of the remaining portions or provisions shull not be uncctcd,
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3!1d the rights and obligations of the partics shall be construed and enforced as ifthe
Contr~ct did not contain the particular part, tcrm or provision held to be invulid.
E.
This Agreement shall be govcmcd by and constru~d in accordance with the luws of
the State of Florida.
" .F. In any legal action related to this Agreement, instituted by either' party, Agency hereby
waives any and all privileges and rights it may have under Chapter 47 and Section
, 337.19, Plorida Statutest relating to venue, as, it now exists or may hereafter be
amendedt and any and aU such privileges and rights it may have under any' other
" statute, rule, or case law, including, but not limited to those grounded on
c~nvenience. Any such legal action may be brought in the appropriate Court in any
county chosen by the Department and in the event that any such legal action is filed'by
AgencYt ~gency hereby consents to the transfer ofvenue to the county cho~en by the.
Department up<;ln the Department filing a motion requesting the same.
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G. In the event that a recipient expends $300,000 or morc in State awards during its
fiscal year,' the recipient must have a state single or program specific audit conducted
in accordance with Section 216.3491, Florida Statutes, and Chapter 10.600, Rules
of the Auditor General.
,If a recipient expends less than $300,000 in -State awards during its fiscal yeurt an
audit conducted in accordance with Section 216.3491, Florida Statutes, and
Chapt~r 10.600, Rules of the Auditor General is not required. If a recipient
expends less than $300,000 in State awards during its fiscal year and elects to have an
audit conducted in accordance with Section 216.3491, Florida Statutes, and
Chapter 10.600, Rules of the Auditor General, the costofthc audit must be paid
from non-State funds.
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H Attachments
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Exhibit IIAn, Scope of Services
Exhibit liB". Method of Compensation
and Locations
IN WITNESS WHEREOF. the parties have executed this Agreement by
their duly authorized officers on the day. month, and year first above written.
C'TY OF CLEARWATER, FLORIDA
By: ~64_~' ~""1I By:
,William B. Horne II
City. Manager
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Attest:
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, Countersigned:
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Approved as to form:
~C~
ne C. Hayman
ssistant City Att mey
STATE OF FLOIRDA
DEPA MENT OF -
",
ION
Director of Operations,
District Seven
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FOR DEPARTMENT USE ONLY
Attorney.. e
Transportation
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AUTHORIZATION RECEIVED FROM
COMPTROLLER.S OFFICE AS TO
AVAILABILITY OF FUNDS
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EXH1BIT MAtt, SCOPE OF SERVICES
I. The Agency shall assume the Department's maintenance responsibilities us follows:
A. The agency shalJ perform routinc mcchnnicnVvucuum road and bridge sweeping
consisting of cleaning and removing sand, soil, paper, glass, cans and other debris
from dcsignated areas within the limits oCthe State Maintained Highway right-of-
way.
Areas to be cleaned will be curb and guBert valley gutter, and curbs,
and median, gore arcas and other designated sites.
Spot sweeping and c1eaimpof nccidcnt and/or load spills wiU be the responsibility
of the Department.
.These speCifications and special provisions arc end-result oriented. Although the
main purpose of this contract is to accomplish mechanicaVvacuum road sweeping
, operations on state roadways, the agency may encounter objects largcr
than what a mechanical sweeper can remove. At such times, the Agency shall
furnish hand or mechanical means to remove all debris eneountered. '
,B. All roadway sweeping must be done between the hours of7:00 PM and 6:00 AM
Sunday night thru Friday Monting to minimize the disruption oftraffic.
All operations shall be performed in accordance with the Department's District 7
Lane Closure Guide.
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Sweeping shall include 23 miles on various state roads in Pinellas
County.
C. All roadway sweeping operations shall follow the safety guidelines established in
the Department's Jatest edition of the Rondway and Traffic Design Standardt
Index 600 and the latest edition of the Manual on Uniform Traffic Control
Devices, Part VI.
When mechanicaV vacuum sweeper is used on the roadway it shall have a
"SLOW MOVING VEI-nCLEtl sign mounted on top of the vehicle. Additionally,
a flashing arrow panel in conformance with Scc~ion 6E-8 and 6E-9 of the Manual
of Uniform Trame Control Devices (MUTeD) shull be mounted on the top rear
of the vehicle.
A shadow truck or attenuator truck shall be provided when sweeping is to be
accomplished on all State Roadways. The shadow truck shall also be equipped
with a sequential arrow panel mounted on the top rear of the vehicle in
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, conformance with Section 6E-8 and 6E-9 of the MUTeD.
In addition, the shadow trllck shall be equipped with ail Attenuator System
(approved crash cushion system) designed Ihr installation at the back of the
vehicle. The foregoing requirements are to be considered as minimum and the
Agencis complinnec with these recommcndations shall in no way relieve him
of final responsibility {or providing adequate trntTIc control devices for the
protection ofemployccs and public throughout the work arcus.
. All sweeping shall be accomplished Uwith" or in the same direction as the tratTIe.
Sweeping against or opposing the traflic "SHALL NOT" be pcrmitted.
D. .' AU safety dcvic~s on the sweeping operntion equipment shall be inspected by the
Engincer or his reprcsentative prior to bcing placed into service for this contract.
Any deficient safety devices shall be corrected or replaced immediately and
service shall not begin until the deficiency is corrected. .
The mechanical road sweepers shall have a capacity of at least 7 yards
~ubed and shall be equipped with the required safety device~ listed under Scctio~
The shadow truck or attenuator truck shall weigh a minimum of 10,000 pounds
. and shall be equipped with thc required safety devices listed under Section C.
Use tmck mounted attenuators rutcd at 43 mph or 62 mph design speeds. Base
utili7.ation ofTMAs on thc posted speed limit. Restrict a T!v1A rated for 43 rnph
to use on roadways with posted speed limits of 43 mph or less and prohibit from
use on freeways. A TMA rated for 62 mph may be utilized on aU freeways or
roadways with posted speed limits greater than 43 mph.
Equip the TMA cartridge with lights and reflectors in compliance with applicable
. Florida moto'r vchiclc laws, including turn signals, dual tail lightst and brake
lights. Ensure thut lights are visible in both the raised and lowered positions if the
unit is capable of being raised.
Ensure that the complete unit is painted DOT yellow (Fed. Std. 595 bt No.
13538). Stripe the rear facing 0 fthe cartridge in the operating position with the
alternating 6 inches white and 6 inches safety orange 450 striping to fonn an
i~verted "V" at the center of the unit and slope down and toward the outside oCthe
unit, in both directions from the center. The bottom of the eartridge shall have the
same puttcrnt covering the entire bottom, with 6 inches white and 6 inches safety
.. orangc stripes. Use Type III reflcctorized sheeting for striping.
Obtain certified test reports from the TtvlA manufacturer showing the attenuator
meets all requirements set by the National Cooperative Highway Research
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Program, Report 230. Ccrtilication shull include drawings and cnlculutions
signed and scaled by a Profcssionul Engineer rcgbtcreu in the Sture of Florida for
each model.
The flashing arrow boards shaH be in contbrinancc with Section 6E-9 0 r the
Manunl of Uniform Tramc Control Devices.
E. . The sweeping operations shaH not crcate excessive airborne dust or other
particles as determincd by the Engineer.
Vehicles that are parked in the sweeping arca are to be swept around. The area
occupied by a parked vehiclc will be considered as work accomplished.
F. The term debris shall mean all materials normally picked up by a mechanical
sweeper, such as 'sand, glass. papcrt cans, and other materials. It also will
include large items such us tirest tire parts, hubcaps, large stonest boxest tree
limbs, wood, cable, and other zuch materials.
It is expected that the Agency shaU encounter objects that arc larger than what
, the mechan\caV vacuum sweepcr can capably remove and therefore the Agency
shall use other means (hand or mechanical) to successfully remove' all
debris encountered.
It isexpected that"the Agency shall encounter piles of soil and vegetation
which will require special removal methods over and above that to be encountered
in normaluSweeping of Accumulated Debris" during the first complete cycle. The
Agency shall furnish such labor, materials and equipment as may be required
to accomplish removal of these built-up areas.
Disposal of debris shaH be the responsibility of the Agcncy and in accordance
with all rules and regulations in effect at the time of the disposal. Cost involved
with the disposal of debris shall be included in the contract unit price(s).
STOCKPILING OF DEBRIS ON THE RIGHT-OF-WAY SHALL NOT BE
PERMITTED.
G. Completed work shall be clean and free of all. accumulated debris after sweeping
as determined by the ,Department's Inspectort regardless of the number of
sw~eping passes required to achieve the specified quality.
H.
For the purpose of this contractt the arcus specified lor sweeping shall be
aU the locutions on the location mup. The arcas specified shall be swept' for 26
'cycles. . .
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Each sweeping cycle shalJ be performcd. completed ilnd accepted within sevcn
(7) calendar days after issuance of the work document.
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S\yeeping paved shoulders, curbs and gutters, highway interchange ramps, barrier
watlst gore areas and curbed arcas ofbridgc decks anti other designated ureas
measured in mites. Sweeping and complete removal ofbuild~up arcas und
accumulated debris for the initial cydct measured in lane kilometers. Lane miles
'shall mean all areas whc~e sweeping is to bc accomplished mcasured longitudinaItYt
i.e., asta cover the ENTIRE WIDTH of paved mcdiun and outside shoulders,
ndditional payment witl be made tor arcas where more than onc sweeping pass is
required. .
II
If at any time after the Agency has assumcd the aforementioned maintcnance
responsibilities'it shall come to the attention 0 f the Departmenes District
Secretary for District ,Seven that the right-or-way as identified in Attachment II NI,
or any part thereof, is not properly maintained pursuant to the terms 0 f this .'
Agreement, the District Secretaryt may at this optiont issue a written notice that a
deficiency or deficiencies exist(s) by sending a certified letter in care of City
Managert City of Largo.
Thereaftert the Agency 'shall have a period of(30) calendar days within which to
COlTect the cited deticiency or deficiencies. Ifsaid deficiency or deficiencies are
not corrected within this period, the Department may at its optiont proceed as
follows:
A. Maintain the areas covered under this Agrcement or any part
thereof, with Department or private agency forces at the Agency's'
cost; or
B.
Terminate Agreement in accordance with Paragraph VI and
maintain all of the areas covered under this Agreement by
Department of private agency forces.
III It is understood between the parties hercto that the maintcnance areas covered by
this Agreement may be removed, relocatedt or adjusted at any time in the futufe as
found necessary by the Departmcnt in ordcr that the adjacent State Road be
widenedt altered, or other wise changed to meet with future criteria Of plnnning of
the Department. The Agency shalt be given sixty (60) .calendur days notice to
. adjust their maintcnance. Thereafter the Agency shall havc period ofthirty (30)
, calcndar days within which to corrected the citcd deficiency or deficiencies. If
said deficicncies arc not corrected within this period, the Department may u't its
option, proceed as follows:
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CLEARWATER MOA S"'JEEPING LOCATIONS & DOLLAR COST
Roadway. State Mile Post Mire Post No: Curb or MHes Unit Price Total Street 10 Street
Sections . Road No: Start End Median Passes per/mile Dollars Description
S. Ft Harrison
from Woodlawn
15010 595 19.458 21.212 2 3.508 $43.00 5150.84 St. to Drew St.
I Missouri Ave.
3~ from BeJeair Rd.
15007. 651 1.535 2 4.526 $43.00 5194.62 to Hiqhrands Ave.
Gulf to Bay Blvd.
Frcm Clearwater
Mall En/ranee to
McMullen-Booth
15040 60 '4.552 5.803 2 2.502 $43.00 $107.59 Rd.
. . Cleveland St. .
from Uncaln Ave,
15040 . 60 0.859 1.224 2 0.730 $43.00 $31.39 to' Evergreen
Ave.'
Drew St. from
, GfenWocd Ave to
.
15050 590 1.570 1.888 2 0.636 $43.00 $27.35 Keystone Dr.
26 Cycles x ,
$511.79 =
Clearwater $511.79 513,306.54 per
year
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EXHIBIT "B", :METHOD OF COMPENSATION
I. The Department agrees to pay the City $13~306.54 annually tor the'maintcnance..,
performed hereundert providea~ howevert that" such 'maintcnance is pc'rfuimed and't:ompleted
pursuant to the temlS 'and standards set forth hercin:, Paymcnt"will be made only on completed'
and sign~d offwork orders. '
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STATE OF FLORIDA DEPARtMENf OF TRANSI'ORTATlON
CONTRACT RENEWAL
375-020.23
CONTHACT!l AOMINlsmATlor~
OGe.oam
Contract No.: Ak-872
Financial Project No(s).:
WPI No(s).: N/A
County(ies): Pinellas
Renewal: @ First
40967517201
o Second
This Agreement made and entered into this _ day of " by and between the State of
(This dnle 10 bD enlcrcd 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 heretClfore on October 3, 2001
entered Into an Agreement whereby the Department retained the Contractor to perform Roadway Sweeping at
'various locations In PinelJas County ,
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City of Clearwater
Name of Contractor
(SEAL)
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
(SEAL)
BY:
Authorized Signature
District Secretary or Designee
Title:
Tilte:
Attest:
Legal:
Surety
Date
Fiscal:
By:
Date
Approval as to Availability of Funds
Countersigned:
Resident Florida Agent
Date
(SEAL)
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Signature Page for City of Clearwater, Florida .
'Contract Renewal with FOOT for Roadway Sweeping
At V~rious to~atlons In Pine lias Cqunty .
Countersigned:
Brian J.Aungst
. Mayor-Commissioner
Approved 'as to form: '
. ~ .12B1f-
Bry~ff... . .
Assistant. City Attorney
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CITY OF CLEARWATER, FLORIDA
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By:
Attest:
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William B. Horne II
City Man~ger ,
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Cynthia E. Goudeau
. City Clerk' I
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Final Agenda Item #
_puJ -,
2:>S
.
Clearwater City Commission
Agenda Cover Memorandum
Work session Itern II:
Meeting Date: 8/22/02
SUBJECT/RECOMMENDATION: Approve an agreement with the Florida Department of Transportation
transferring ownership of Ft. Harrison Avenue/Drew Street from the state highway system to the city
roadway system and transferring ownership of Myrtle Avenue from the city roadway system to the state
highway system, and adopt Resolution 02-35,
1m and thaI the appropriate officials be authorized 10 execule same,
SUMMARY:
. The limits of Ft. Harrison Avenue to be transferred are from Belleair Road on the south to Myrtle
Avenue on the north.
. The limits of Drew Street to be transferred are from Ft. Harrison Avenue to Myrtle Avenue.
'. The limits of Myrtle Avenue to be transferred are from Chestnut Street on the south to Ft. Harrison
Avenue on the north.
o Once the transfer is complete Myrtle Avenue would become designated as Alternate U.S. 19.
'.
. The transfer would become effective once improvements are made to both roadways; Ft. Harrison
Avenue improvements scheduled from October of 2002 to October of 2004. The Myrtle Avenue
improvements would be done between the spring of 2003 and the fall of 2004.
. A copy of the Agreement is available for review in the' City Clerk's office.
J
Reviewed by:
legal ~ ~.--' Info Srvc .
Budget ~'PublicWorks
Purch~Slng' N/A DCtvVACM
Risk Mgmt NfA Othel'
)4 Originating Dept~)\
Public Works (P.Berlel )
User Dept.
Custs:
Total
Current FY
Funding Source:
CI.
OP
Other
Attachments
Resolution 1102-35
Submitted by:
City Manager 1'2 ~ j . J J
'1' I~~
Appropriailon Code:
Printed on recycled paper (Kapok Purchase Agn 0402 ewb,doc]
Rev. 219B
'RESOLUTION NO. 02-35
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, . AUTHORIZING A ROADWAY TRANSFER
AGREEMENT WITH THE' FLORIDA DEPARTMENT OF
TRANSPORTATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has requested the transfer of US Alt. 19/5R
595/Fort Harrison Avenue from Belleair Road to Myrtle Avenue (Section 1501000t M.P.
19.164 t9 21.212 and. Section 1502000, M. P. 0.000 to 1.126) and SR 590/Drew Street
from Fort Harrison Avenue to Myrtle Avenue (Section 15050000, M.P. 0.000 to 0.247)
from State Highway System to the City of Clearwater Road System, and the transfer of
Myrtle Avenue from Chestnut Street to Fort Harrison Avenue (Section 15025000, M.P.
0.000 to 1.553) from the City of Clearwater Road System to the State Highway System,
and
WHEREAS, the transfer is mutually agreed upon, between the City of Clearwater
and the 'Florida Department of Transportation, and
WHEREAS, the City Commission hereby authorizes the Mayor-Commissioner to
sign the transfer agreement described in the resolution, and '
WHEREAS, said transfer is in the best interest of the City of Clearwater because
it aids in the redevelopment of the downtown area; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. A certified copy of this resolution shall be forwarded forthwith to the
State of Florida Department of Transportation in Tallahassee, Florida.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2002.
Brian J. Aungst
Mayor-Commissioner
U;?
. Carassas
Assistant City Attorney
. Attest:
Cynthia E. Goudeau
City Clerk
, Resolution No. 02-35
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Roadway Tn:nsfcr Agreement
All US I9fFurt Harl'isolVMyrllc
FLOH.Il)A DEPARTMENT OF TRANSPORTATION ICITY OF CLEAR\V ATER
ROAD\V A Y TRANSFER AGRI~El\IENT
Art US 1915R 595/FORT HARRISON A VENUE FR01\1 BELLEAIR ROAD TO MYRTI..JE
AVENUE AND SR 590/DRlnV STREET FROM FORT HARRISON AVENUE TO MYRTLE
AVENUE TO CITY JURISDICTION AND MYRTLE AVENUE FROM CHESTNUT
STREET TO FORT HARRISON AVENUE TO STATE JURISDICTION
This AGREEMENT made and entered into this on the _ day of _. , 2002, by and
between the FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the Slatc of Florida,
hercinafier called the DEPARTMENT~ and lhe CITY OF CLEARWATER, hcreinafierealled the CITY.
\VITNESSETH
\VHEREASt the CITY has requested the roadway transfer of All US 19/5R 595/Fort Hamson
Avenue from Belleair Road to Myrtlc Avenuc and SR 590/Drcw Street from Fort Harrison Avenue to
Myrtle Avenue from the State Highway System to the City of Clearwater Road System; and the roadway
transfer of Myrt)e A venue from Chestnut. Street to Fort Harrison A ven,lIe from lhe City of Clcanvaler
Road System to the State Highway System; and this transfer is mutually agrced upon, between the CITY
and the DEPARTMENTt sllpportcd by CITY Rcsolutiont
NO\V, THEREFORE, TillS INDENTURE \VITNESSETH: in consideration ofthe mutual covenants
and promises herein containedt and for other good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the CITY and the DEPARTMENT agrec as set forth below:
This Agreement sets forth the tcmlS and conditions uuucrwhich thc C1TY and the DEPARTMENT wiII
abide. The commencement of juri sdicliona I and maintenance responsibilities shall be upon approval of
the roadway transfer by the Secrclary of the Florida Department of Transportationt approval to re-
designate All US 19 by the Association of American State Highway Transportation Officials (AASHTO)
and upon written notification of final constntction acceptance of the slate resurfacing project, Financial
Project Number 2571031.
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, . ',TERMS OFtfHEAGREEMENT-." "" '.' ..~ .W,
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Roadway Transfer of AU iJs 19/5R595/Fort i-larrison Aye" lie fronfnelleair Rond to Myrtle
Avenue and SR 590/Drc\V Street from Fort Harrison Avenue to Myrtle Avenue from the
State Highway System to the City of Clean~atcr ~o~~ ~ystcm:
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(a) The CITY acccpts all responsibility for operation and maintenance oftlle roadway. In addition
to thc rondbcdt this agreement includes all curbs, culverts, and drainage stmctun:s within the
, right-of-way at the tiillc oftransfer. The CITY shaH be responsible for maintenance of public
. sidewalks and other ways in the right-oC-way.
(b) The DEPARTMENT gives up all its rights to the road, except as specified in this agreement.
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Roadway Trilllsrcr AgrcCIllC/II
^ It US 19/Forr lIarrison/Myrtle
(c) It is agreed that all obtigntions ortl1e DEPARTMENT undl.:r any maintenance, utility, or any
other such agrcemcntt rclating to the spcei fie roads to be tmnsfclTcd, shall bc transfclTcd to the
CITY at the samc time and in the same manncr as jurisdictional responsibility.
(d) The roadway transfer of All US 19/5R 595/Fort Harrison Avenue from Bcllcair Road to
MyrtIe Avenue and SR 590lDrew Strcet from Fort Harrison Avenuc to Myrtle Avenue shall
bc'effcctive upon approval by the Secretary of the Florida Department of Transportation.
approval to rc~designate Alt US 19 by thc Association of American State Highway
Transportation Omcials (AASHTO) and writtcn notice of final construction acccptance ofthe
state rcsurfacing project, Financial Projcct Number 2571031.
(c) Existing dceds or right~of~way maps will be rccorded by the CITY in the public land
rccords ofPinel!as County in which the rights-of-way are located.
(f) If there is evidence of historical or archacological resources that could bc advcrsely
impacted after a transfert thc CITY agrees to maintain thc rcsourccs in accordancc with
District Environmcntal Managcmcnt Officc's (DEMO) recommendations.
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(g) The, DEPARTMENT will offer thc opportunity for a publie hearing prior to removal of the
state road designation ofthc transferrcd roadwayst described herein.
II.
Rondway Transfer of Myrtle Avenue from Chestnut Street to Fort Harrison Avenue from
the City of CIeanvuter Road System to the State Highway S)'stem:
(a) The CITY agrecs to the perfoml the following roadway and signalization improvements on
or along the portion of Myrtle Avenue to be transferred, as a condition of the transfcr:,
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1. Provide a dcdicated southbound left tum movement for Myrtle at Chestnut Strcet
and improve turning radii, within cxisting right-of-waYt at Court and Marshall
Streets
ii. Widen lanc width on Myrtle A venue from 10 to 11 fcet, where right~of-way allows
Hi. ReplacC" 'span wife' with' mast'. ann installations at: -Marshal1t Palmctto and
,Seminole Strects 'anci .per(onn feasibility analysis. of upgrading the Cleveland
- ; - 'Stree't -sign1al fr{nn exi~tirig span wirc'lo mast'amls; if fcasibletimplcment thc"
upgrade
iv. Locatc existing l..tiH~i~~ .'
v. Upgrade the approaches to the railroad crossing ,
vi. Maintain existing street lighting paymcnt arrangcmcnt with Florida' Power
Corporation with thc CITY rcimbursed by the DEPARTMENT
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(b) The CITY gives up all its rights to the roadwaYt exccpt as spccified in this agrcement.
(e) The DEPARTMENT accepts all responsibility for opcration and maintenance of the
roadway. In addition to the road bcd, this agrcement includes all curbs, culvcrts, and drainage
structures within the right~of-way at thc time of transfcr. The DEPARTMENT shall be
rcsponsible for maintenancc of public sidewalks and other ways in the right-of~way.
Roadway Transfer Agrccmcllt
All US 19/Fmlllarrison/Myrllc
(d) The DEPARTMENT will offer nn opportunity for a public hearing prior to the assignmel1tof
n state road number and designation of the transferred a1igimlent of Myx11e A venue as
Altemate US 19.
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(c) The roadway tmnsfcr of Myrtle Avenue from Chestnut Street to Fort Harrison Avenue from
.the City of Clearwater on to the State Highway System shall be effective upon: approval by
the Seerclary of the Floridu Department ofTransportution; approval to re-designate A Jt US
19 by the Association of American State Highway Transportation Omcials (AASHTO);
written notification of final construction acceptance ofthe state resurfacing projectt Financial
Project Number 2571 031 and completion of the aforementioned roadway and traffic signal
. improvements by the CITY, see paragraph (a) above.
(f) It is agreed that ull obligations ofthe CITY under any maintenance, utilitYt or any other such
agreement, relating to this specific road 'to be transferredt shall be transferred to the
DEPARTMENT at the samo time and in the same manner as jurisdictional responsibility.
(g) Existing deeds or right-of-way maps will be recorded by the DEP ARTMENTin the public
land records of Pincllas County in which the rights-of-way arc located.
All words used herein in the singular fonn shall extend to and include the plural. All words used in the
plural fann shall extend to and inelude the singular. All words used in any gender shall extend to and
include all genders.
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This Agreement embodies the whole agrccment ofthe parties. There arc no promisest terms, conditionst
or obligations other than those contained herein, and this Agreement shall supersede all previous
communications, rcpresentationst or 8&1fCemcnts, either verbal or wriUcIlt betwecn the parties hereto.
This Agrcement shall be govcrned by and construed in accordance with the laws ofthe State of Florida.
For communication pUlpOSCSt the parties may be rcached at the following addresses and phone numbers.
/'. ',',i:'~~; ". ':- '. - . -'. . Florida'Department of Transportation . ,
. : '". Mr. Kenneth A..flartmann~ P.E....
~ ., 4 . . r .
~ ,: -r" '!: .,. > . . -.' , . DistHct' Secretary' . , - ",' - .
. District Scven
:_' ,.,,' . 11201.N. McKfnley Drive
Tnnipa, Fionihi 33612
Telephone: (813) 975-6039, SunCom SJ2-75J5t FAX: (813) 975-6443, SunCom 512-7800
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.city of Clearwater
Mr. WjJ1iam B. Horne ]]
City Managcr
Post Officc Box 4748
Clearwater, Florida 33758-:-4748
Telephone: (727) 562-4040, FAX: (727) 562-4052 '
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Ruadway Trnmrcr t\grccl1lcnl
Alt US 19/FOlt !larrison/Myrtle
Each party is an independent contractor <Hlll is nol an agent of the other party. Nothing contuincd in this
Agreement shall be construed to create any fiduciary relationshij) bctween thc parties, during or anCT the
performance of this Agrecmcnt. Ncither party shall havc the authority to bind the othcr party to any
obligation whatsoever to any third party without the exprcss specific writtcn consent of the othcr.
No .1110dificationt anlcndment, or alteration in the tCnllS or conditions containcd hcrein shall be effective
unlcss contained in a written document cxecuted with the same fonnntity and of equal dignity herewith.
Ifany part ofthis Agreement shall be detenllined to be invalid or unenforceablc by a COUlt of competent
jurisdiction or by any other legally constituted body having the jurisdiction to make such detemlination,
the rcmaindcr of this Agreement shall remain in full forcc and cffcct provided that the part of this
Agreemcnt thus invalidated or declared unenforceable is not material to 'the intcnded operation 0 f this
Agre~mcnt.
IN \VITNESS 'VHEREOFt the parties hereto have caused these prcscnts to be executed, the day and
year first abovc written.
CITY OF CLEARWATER
STATE OF FLORIDA
DEP ARTMENT OF TRANSPORTATION
BY:
Kenneth A. Hartmannt P.E.
District Secretary
'BY:
Brian J. Aungstt Sr.
Mayor:"Commissioner Seat 1
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ATTEST: .. .
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. . LEGAL REVlEJY
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LEGAL REVIEW
City Attorney
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District Legal Counsel
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Approvcd: .
Thomas F~Barry, Jr., P.E.
Secretary
Roadway Transfer ^grc~lIlcnt
All US 19/Forll InrrislJlliMyulc.
Effective Date
ROAO'VA Y JURISDICTION TRANSFER
City of Clcnrwatcr
. The below de'scribed road scgmcnts arc fonnully transferred from State jurisdiction to the City of
Clearwater jurisdiction, hi accordance with Section 335.0415, FIOI;da Statutes. ' The Depm1ment has
agreed to the transfer' and all provisions listed in the executed Agreement and supporting Resolution
between the Departmeilt and the City of Clearwater. These actions will remove 3.421 miles from the.
Stale Highway System.
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D~letion from the State Highway System
. 1. Section: 15010000
US Number Current: Alternate US 19
State Road Number Current: SR 595
Jurisdiction Current: State
From: Bellcair Road, MP 19.164
Segment Length: 2.048 miles
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".,' 2~" Section:. -15020000 - . ~ .. .,
J .. . US.Nu~lber ~urrent: Alternate US 19 -
... . Statc" Road Number Current: SR 595-
Jurisdiction Current: State
From: Drew St. MP 0.000 .
Segnlent Length: 1.126 'miles
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3. Section:. 15050000
US Number Current: None
- State Road Number Current: SR 590
Jurisdiction Current: State
From:, Fort Harrison Avenue MP 0.000
Segment Length: 0.247 miles
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Local Name: Fort I-lmTison Ave.
Proposed: None
. Proposed: None
,Proposed: Citv of Cleanvater
To: Drew Street, MP 21.212
Local Name: Fort Harrison Ave. "'.
Proposed: None..
Proposed: None"
Proposed: City of Clearwater
To: Myrtle Ave MP 1.126
Local Name: Drew Street
Proposed: None
Proposed: None
Proposed: City of Clearwater
To:' Myrtle Avenue MP 0.247
[Colltinued on Ncx.t Page]
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, Ro;uhvay Tlallsfcr Agreement
'. All US 19I~~OI'l] larrison/Myrtle
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," The bclow dCsCribcd road scgments arc fOn1la'ny transfcrrcd from the CitiofCle~rwater jurisdiction
to State jurisdiction in accordance with Section 335 .0415t Florida Statutes. The City has agrecd to
. thc transfer and all provisions listcd in thc cxccuted Agrecl11cilt arat supporting'Resolution between
the Department'and the City ofClearwaler. The~c actions \\!i11add 1.553 miles to the State Highway
, System.
, Addition to the State Highway Systcm.
1. Section: . 15025000
. US, Numbcr Current: None
State Road Number Current: None
" ,Jurisdiction Currcnt: City of Clearwater
Fro'm: Chestnut Strect MP 0.000
Segment Length: 1.553
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Local Name: Myrtle Avenue
Proposcd: Altemate US 19
Proposed: SR 595, , .
Proposed: State '
To: Fort Harrison Avenue MP 1.553
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II IUAlsmN'iOV UAI!NtOAD T RANSF~R.~,^L T us I ~ _MYRTLINlOCUMt:NTSlFINALDKAn.AGR'EEMENT.TRA.';S AL!US I~ CLWTR.noC ~lIy JO. 200~
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Clearwater City Commission
Agenda Covel' Memorandum
Worksesslon Item #: .p <..09
Final Agenda Item # 2:,[.0
Meellng Date: 08/22102
SUBJECT/RECOMMENDATION: Adopt Resolution 02.42 authorizing the subordination of an
existing water line easement on the west side of U.S. 19/5.R. 55, just south of S.R. 60, to the Florida
Department of Transportation (FDOT), and approve a subordination agreement with FOOT,
IBJ and that the appropriate officials be authorized to execute same.
SUMMARY: ' .
. The Aorida Department of Transportation has requested a subordination of utility interest from the
City for an existing water line easement,along U.S 19/5R 55, on the former Lubys Restaurant
property just south of S.R. 60. The FOOT requ~sts that the City adopt a resolution to initiate the
agreement process.
. The parcel of interest will be used to' facilitate transportation improvements along U.S 19 as part of
the Whitney Road' to SR 60 interchange project, and is in the best interest of the City.
. The City has water facilities within this easement, and will retain the right to use this land for these
facilities providing they are in accordance with FOOTs current minimum standards as outlined in the
Utility Accommodation Manual. FOOT will pay to relocate the water line, if determined necessary.
. A location map and copy of the subordination agreement are available for review in the City Clerk's
office.
"
nfo Srvc .
Public Works
DCM/ACM ('
Olher
t Originating Oept: 7^ Costs
PWAl Englnoorlng ~M. Q lIIon) Total 0
Usor Oopt.
Current FY
Funding Source:
CI
OP
Other
Attachments
" RO'Dolutlon ##0242
Submitted by: ." t.ta I J I .
City Manager. ~ ~->O.~ ~
Prlntod on recycled paper
o Nono
A ro rlatlon Code:
US 19 Subordination to FOOT J Resolution # 02-42
Roy. 2/98
.....
RESOLUTION NO. 02.42
A RESOLUTION OF THE CITY OF CLEARWATER. FLORIDA.
AUTHORIZING THE SUBORDINA-rlON OF AN EXISTING WATER
LINE EASEMENT ON THE WEST SIDE OF U.S. 19/ S.R. 55, JUST
SOUTH OF S.R. 60, TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FOOT), AND APPROVE A SUBORDINATION
. AGREEMENT WITH FOOT; PROVIDING AN EFFECTIVE DATE.
WHEREAS. the State of Florida Department of Transportation, hereinafter
referred to as FOOT, proposes to construct or Improve State Road No. 55. Section No.
15150-2579t in Pinellas County, Florida: and ' .
, WHEREASt It is necessary that certain easement rights now owned by the
City of Clearwater, Florida, be subordinated to the rights of the State FDOT: and
WHEREAS, said subordination is in the best interest of the City: and
WHEREAS, the State FOOT has made application to said City to execute
and deliver to the State FOOT a subordination of utility interest, or interests, in favor of the
State FOOT, and said request having been duly considered.
NOW THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That the application of the State FOOT for a subordination of
, utility interest. or interests, is for transportation purposes which are in the public or
community interest and for public welfare; that a subordination of utility Interest, or
interests. in favor of the State FOOT. in the City of C,learwatert Florida, should be drawn
and executed by the City Commission.
. Section 2. A certified copy of this Resolution shall be forwarded forthwith to
the State FOOT at Tallahassee. Florida.
Section 3. This resolution shall take effect immediately upon adoption.
Resolution No. 02-42
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HPASSED AND ADOPTED this
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'day of
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12002.
. Brian J. Aungst
Mayor-Commissioner
Attest:
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Cynthia E. Goudeau
City Cle,~.
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Resolution No. 02-42
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This instrument prepared by,
or under the direction of
Department of Transportation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL : 100.07
WPI/SEG : 2568811
S~R. NO.: 55
COUNTY PINELLAS
SECTION : 15150-2579
MANAGING DISTRICT: SEVEN
SUBORDINATION OF CITY UTILITY INTERES'1'S
'J4! .'. Pt09
.JLi' '. 3Co
THIS AGREEMENT, entered into this ,day of , 200__, by and between' the
STATE OF FLORIDA DEPARTMENT OF TRANSPO~ION, 11201 N McKinley Dr. Tampa FL., 33612,
hereinafter' called the FOOT, and the city of CLEARWATER,. Florida, a municipal
corporation, hereinafter called city.
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WHEREAS, the city presently has an interest in certain lands that have been
determined necessary for highway purposes; ,and
WHEREAS, the proposed use of these lands for highway purposes will require
subordination of the interest claimed in such lands by city to the FOOT; and
WHEREAS, the FOOT is willing.to pay to have the City's facilities relocated if
necessary to prevent conflict between the facilities so that the benefits of each may be
retained.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties'
hereto, city and FOOT agree as follows:
city hereby subordinates to the interest of FOOT, its successors, or assigns, . any and
all of its interest in the lands as follows, vlz:
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PAGE 1
:RECORDED
NATURE OF DA.TE FROM TO O.R.
ENCUMBRANCE BOOK/PAGE
A 10' water 04/28/93 Wal-Mart Stores, The cj. ty of 8406/939
main eastment Inc. Clearwater
PROVIDED that the city has the following rights:
1. The city shall have the right to construct', operate, maintain, improve, add to,
upgrade, remove, and relocate .facilities on, within, and upon the lands described
herein in accordance with the FOOT's,current minim\un standard3 for such facilities
as required by the FOOT, Utility Accommodation Manual in effect at the time the
agreement is executed. Any new construction or relocation of facilities within the
lands will be subject to prior approval by the FOOT. Should the FOOT fail to
approve any new construction or relocation of facilities by the City or require the
City to alter, adjust, or relocate its facilities located within said lands, the
FOOT hereby. agrees to pay the cost of such alteration, adjustment, or relocation,
including, but not limited,to the cost of acquiring appropriate easements. .
2. Notwithstanding any provisions set forth herein, the terms of the utility permits
shall supersede any contrary provisions, ~lith the exception of the provision herein
with reimbursement rights.
3. The City shall have a reasonable right to enter upon the lands described herein for
the purposes outlined in Paragraph 1 above, including the right to trim such trees,
brush, and growth which might endanger or interfere with such facilities, provided
that such rights do not interfere with the operation and safety of the FDOT's
facilities.
4. The City agrees to repair any damage to FOOT facilities and to indemnify the FOOT
against any loss or damage resulting from the City exercising its rights outlined in
Paragraphs 1 and 3 above.
IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year
first above written.
Signed, sealed and delivered in
the presence of:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Director of Production for District VII
WITNESS
PRINT NAME
PRINT NAME WILLIAM P. GEERS, PE
ADDRESS 11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
WITNESS
PRINT NAME
STATE OF FLORIDA
COUNTY OF
HILLSBOROUGH
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PAGE 2
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"This instrument prepared by,
or under the dir~ction of
Department of Transportation
The foregoing instrument was
. , 200~, by WILLIAM,P.
who is personally known to me or who
identification.
acknowledged before me this~
GEERS, DIRECTOR OF PRODUCTION
has produced
day of,
for District VII,
,'-
as
PRINT NAME DEANNA L. ALDERMAN
'Notary Public in and. for the
county and State last aforesaid.
My commission Expires:
Serial No., if any:
IN WITNESS ~HEREOF; the said grantor has caused these presents to be executed in its
.1 name by its .city Council acting by the chairperson or vice-chairperson of said Board, the
day. and year aforesaid. '
ATTEST:
PRINT NAME Cynthia E. Goudeau
City Clerk (or Deputy Clerk)
William B. 'Horne, II',City, Manager
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STATE OF FLORIDA
'COUNTY OF CLEARWATER
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The city 'of CLEARWATER, Florida,
By Its city council
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By:
Its Chairperson (or Vice-Chairperson)
PRINT NAME Brian J. Auor-st. Mavor-Conunissioner
ADDRESS 112 S. Osceola Avenue
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Clearwater. Florida 33756
Attorney
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Thi~'instrument prepared by,
or under the direction of .'
,
Department of Transportation
The foregoing instrument was acknowledged before me this day of
, . 200 2 , by Brian' J. Aungst. Mavor-Commissione,r Chairperson
(or Vice-chairperson) of ,the CLEARWATER, Florida, City Council, who is personally ~nown
, to me or who has produced as identification.
IJ.: .... . i>
PRINT NAME
Notary Public in and' for the.
county and state last aforesaid.
. My Commission Expires:
Serial No., .if any:
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PINt~L^S COUNTY FLA.
OFF. Hf:C p.r. a., ~C; Pli 93!)
::71' OF ':LW, EliGlt.EE""ING -'J 9?'::;:3;!~ P,DS
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SP'l' '17, 199:{ ,I : J '/ PI,;
EAStMElNT
fOR ~ ~J{ C&pSIDER.ATXON of the sum ct One Dollar ($1.00) cllsh in hand
paid to ,c1etl~watH , the :t."eoaipt of which is hereby ~cknowlGdqGd, antS the
be~atit; to bade:dvetl therefrom, lial-t:orr: StOtt'fl, Inc. (A Dclcwarc Corporation)
.
d.o~ horeby carant and conv~:i to tho! CITY OJl CLEMWA'J:'ER, FLORIDA, an .easemont
over, undEaX' and aot'o!;s the following doscrlbCld lend, ly.tnC] and baing .ituatQ
in the CQunty of Pinelle.G, StatQ ~f Florida, to..witt
A 'ren (10') toot watar main easement lying 5 t each side of all ",ater mainll up
to anc1 including all hydrants and maters, but excluding' any WAt:er mains that
"may l1e unc1et' buildings or within five (5) tRet of building9, JJm an 1ngrQSD
and egrosB easement for refusG and 9arba9G colllll;t1ons ana city of clel!n'ater
aerv1ca and utility vQhicles, all 1yin'1 within the tollo,.,ing c!escr1bed tractz
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I .. The CITY or OLEWWA'1'Ett, rLORIDA, shall have the riqht to entar upon thl3
I ~ ~ above described prem1sgs and to c:onstruct, install and maintoin thereon any
~ CQ water tDcilities ant\ to inspeot and alter such watGr facilities from tima to
~ ffi time.. I .
WH .
Q e: IN 'fXTNESS WHSRSO:P, the party hereto has caused thasa presents to be
· 5 duly exec\.\ted b1 its proper ~fioars th.rau~o ajthorized and itl, seal to ba
ts. :> herQunto affixed, tl1ilD &'8 day of " _12.r't'_ , 19 '1~.
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~ 8 signed, seal;d and. delivered,
X ~ in tho presence of:
. SEE ATTACHED EXHIBIT II N'
?O
100" 7()
(: cc. L
/9.SlJ
'70
~lAr.,-MART
W!ta...' ~~int.~ Sl9Uature
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RETURN TO:
CITY CLERK
POST OFFICE BOX 4748
r.LEAAV/^TER. FL. 34618.4748
,
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(CORPOI~i:'E, SEAL)
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Off.nF.C.BK R106 PG ~11
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h P]r...RCEL OF LAND LYING IN THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION
18, TOWNSHIP 29 SOUTH. RANGE lb BlISIj;, PIHCLL1'.S COUNTY t FLORID>'. EEING MORE
. PMTIClJL.MLY DESCRIBED 1\S FOLLOWS:
COMMBNCE AT THE NORTHEAST CORNER OF '!'HE NOR'L'HEAST 1/4 OF THE SOUTHF.MT 1/4 OF
SAID SECTIOt{ lB, THENCE NB9QU'27I1W, ALONG THE NOR'rHERL~ LINE or. SAID
SOUTHEi\S'r 1/4, A DIS'rANCE OF 100.01 FEET; THENCE SOP03'04"W, A DISTANCE OF
237.23 FEET, 'to tHE POINT OF BEGINNING; THENCE SOP03'04"H, ALONO THE
WESTERLY RIGHT OF WAY LINE OF U. S. HIGHWAY 19 (STATE ROAD NUMBER 55), 1\
DIS':r~CE OF 412.32 FEE:Tl THENCE DEl?AA'l'IUG SAID WESTERLY RIGHT OF WAY LINE,
NaB.56' 561)W, A DISTANCE OF 13.00 FEET; THENCE SOP03'04"W, A DISTANCE OF
15.00 FEET, THENCE S8Bo56156"E, A DISTANCE OF 13.00 FEET '1'0 S1\ID WESIJ:'ERLY
RIGHT OF WAY LINE, 'rHENCE SOl 0031 04,lIW, ALONG SAID WESTERLY RIGHT OF WA'l
LINE, A DISTANCE OF as. 58 :"EET; THENCE CON1'INUE ALONG SAID WESTERLY RIGHT OF
WAY LINE, SOl"37'27"W, A DISTANCE OF 84.46 FEE'!', '!'HENce: DEPARTING S1\ID
WES~ERLY lUGHrr OF WAY LINE, NS9041' 27"W, 1\ DISTANCE OF 13.00 FEET, THENCE
SOl.3? r 21"1>1, A DISTANCE OF 13.50 FEET, THENCE S8904112711E, (\ DISTANCE OF
-13.00 FEE'!' TO SAID WESTERLY RIGHT OF WAY tINE; THENCE SOl"37'27uW, ~LONG
SAID WES'I'ERLY RIGHT OF WA"1 LINE, A DIS'rANCE OF 1. 96 FEET; THENCE CONTINUE
ALONG SAIDWES'l'ERLY RIGfIT OF WAY LINE, SOlt37'2711W, A DISrrANCE OF 99,99
FEET; THENCE CONTINUE S02'D23'16"W, A 0IST1illCE OF 14L24 FEE'r; THENCE
DEPARTING SAID WESTERLY RIGHT OF WAY LINE, N890l9'03"W, A DIS'I'i\NCE OF 274.66
FEET; ~HENCE 501003'04"W, 1\ DIST.\NCE OF 200.00 FEET TO THE NOR'l'HERLY RIGH'l"
OF WAY LINE OF DRUID ROAD, THENCE N8go 19 t 0311W, 1\LONG THE NORTHERLY RIGHT OF
WAY LINE OF DRUID R01l.D. A DISTANCE OF 499. 9S i'EE'r ':Co 'mE EASTERLY RIGHT OF WAY
LINE OF BnASS DRIVE, THENCE NO 1 ~ 03 ' 04 liE; ALONG SAID EAS~ERLY RIGH1' OF WAY
LINE,' A DISTANCE OF 438.08 FEET; THENCE COUTINUE NOP03'04"F., 1\ DIsrANCE OF
639.03 FEE'r r.rO THE SOtrrHERL"i BOUNDARY OF tiTHE REGE.J.;C"i" ~S RECORDED IN PLAT
BOOK 85, PAGE la, PUBLIC RECORDS OF SAID PINELtAS CO~; THENCE DEPAR~ING
Si\ID EASTERLY RIGHT OF W1\Y LItrE, 589041' 27"8, ALONG SAID SOUTHERLY BOUNDARY,
'A OISTANCE OF 180.00 FEET; THENCE N01DO)' 0411E, ALONG r.t'HE E~STERLY BOUNDARY
OF SAID "THE REGENCY" A DISTANCE OF 161.00 FEET TO THE SOUTHERLY RIGH'!' OF WAY
LINE OF GULF 'I'O BAY BOULEV1\RD (STATE ROAD NUMBER 60) J THENCE S89D41'27"E, ALONG
SAID SOU'rHERLY RIGlrr OF WAY LINE, A DISTANCE OF 275.66 FEET; 'I'HENCE CONTINUE-
SB3~59t49"E, A DISTANCE OF 171.35 FEET; THENCE CONTINUE S79039'20"E, A
DISTANCE OF 57.39 FEET; THENCE CONTINtIE S68D 13' lanE, ]I. DISTANCE OF 42.90
FEE'r; THE1iCE CONTINUE S44018'52uE, 10. DISTAnCE OF 49.50 FEEl', THENCE CONTINUE
S290J4t45"B, A DISTANCE OF 16.27 FEET; THENCE CONTINUE S13Ct02'lll1Et A
PISll'1\l~CE OF 46.41 FF.EI!'; TH~CE CONTINUE SOP17'39"E, A DISTANCE OF 50.04
FEET, ~O ~HE POINT OF BEGINNING.
CONTAINING 20.041 ACRESt MORE OR LESS.
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LOCATOR MAP & LEGAL DESCRIPTION:
SUBORDINATION OF CITY OF CLEARWATER UTILITY INTERESTS TO
THE FLORIDA DEPT. OF TRANSPORTATION IN LOT 2, SAM'S CLUB
CLEARWATER, PLAT SK. 116, PG. 80, PINELLAS COUNTY, FL.
PARCEL : 100.07
WPI/SEG : 2568811
S. R. NO. : 55
COUNTY : PINELLAS
SECTION : 15150~2579
MANAGING DISTRICT: SEVEN
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PRELIMINARY AGENDA
. Clearwater City Commission Work Session - 9:00 A.M. . (Monday. August 19. 2002)
Service Awards
. Employee of the Month - August 2002
Team Award - July - August 2002
Convene as Community Redevelopment Agency (CRA):
1 - Call to Order
2 - Approval of Minutes: 06/17/02 '
3 - Presentation - Downtown Strategic Program .
4 - Approve release of consent of sale restriction on property known as Atrium buildirg and
retaining certain restrictions on the transfer of the property. .
5, ~ Adopt the proposed FY 2002103 Community Redevelopment Agency budget.
., 6 - Executive Director (Assistant City Manager) Verbal Reports
7 - Other Business . .
8 - Adjourn
Reconvene Work Session
PUR PURCHASING
1. Purchase high service pumps. transfer pumps, variable frequency drives and pump barrels
from Hudson Pump Co. for $182,725. '
2. Service contract with Mastec North America Inc. for installation of gas mains, service lines
and taps during the contract period of October 1. 2002 thru September 30, 2003 for $796,685.
3. Service contract with Mostec North American Inc. for installation of underground exterior
houseplping during .he contract period of October 1 t 2002 thru September 30. 2003 for .
$158,500.
4. Purchase of an upgrade storage area network from Integrated Mass Storage Systems for
$60,134.
5. Service contract with Angelo's Aggregate Materials for disposal of materials suitable for
recycling, construction/demolition and yard waste during the contract period of September 20,
2002 thru September 3D, 2003 for $600,000.
6. Purchase ZA80CS Models 28.500 and 28-5200 biological odor control systems from US
Filter for $94,500.
MR MARINE IAVIATION
1. Award a contract for "Improvements to Clearwater Airpark, Runway and Taxiway 16/34"
(01-005Q.-AP) to Kloote Contracting, Inc. of Palm Harbor, FlorIda for the sum of $401 ~408.29
which Is the lowest responsible bid received in accordance with the plans and specifications.
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PO POLICE
1. Approve a lease agreement between RSGN, Inc., a Florida Corporation, as Lessor, and the
, City of Clearwater. as the Lessee, for the premises located at 1217A N. Ft. Harrison Ave..
Clearwater. FL for a period of three years commencing on October 1, 2002 and terminating on
September 30. 2005, at an annual rental of $8,400.
2. Approve acceptance of FV 2002 Locel Law Enforcement Block Grant (LLEBG) funding
for two years In the amount of $203,782 from the U.S. Department of Justice/Bureau of Justice
Assistance. .
3. Approve the transfer of $26,936.46 received from Clearwater Housing Authority for payment
in lieu of taxes to the Clearwater Homeless Intervention Project, Inc. (CHIP).
4. Approve a lease agreement between the Clearwater Housing Authority, known as the
Lessor and the City of Clearwater as Lessee, for the premises located at 2931 Sandlewood
Drive. Clearwater. Florida, for a term of one year commencing August 1,2002 and terminating
on July 31 t 2003.
FN FINANCE
1. Adopt Resolution No. 02~43 providing for the sale of not to exceed $15.5 million Revenue
Bonds, to fund a Community Sports Complex.
PW PUBLIC WORKS
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1. Declare as surplus for the purpose of offering for sale and advertising for net bid amount of
not less than $70.000, Harvey Park Subdivision. Block B, Lots 1 through 12 inclusive.
2. Approve the State of Florida Department of Transportation contract renewal for sweeping
State roadways, and adopt Resolution No. 02~39
3. Approve a contract with Central Florida Used Auto Parts, Incot a Florida corporation. to
purchase a portion of Section 3. Township 29 South. Range 15 East, as more particularly
described in said cantractt for $750.000 plus $60,000 to reimburse Seller for pre-contract
environmental site assessment expenses, up to $4,800 to fund 50% share of 2002 ad valorem
taxes, plus estimated boundary survey and closing expenses of $3,750 for total estimated
acquisition and transaction costs of $818.550.
4. Approve a contract with Wallace Wade and Earnestlno U. Wade, to purchase a portion of
their fee estate and certain temporary and perpetual easement rights in Pine Brook Unit No.2.
Block E. Lot 4, far $10,100 plus estimated survey costs, title Insurance fees and closing costs of
$1.500, for a total acquisition amount not to exceed $11 t600.
5. Approve a contract with Annie Blrt, to purchase a portion of her fee estate and certain
temporary and perpetual easement rights In Pine Brook Unit No.2. Block E, Lot 5, for $10,100
plus estimated survey costst title Insurance fees and closing costs of $1.500t for a total
acquisition amount not to exceed $11,600. .
6. Approve a contract with Robert E. and Sara J. King. to purchase Pine Brook Unit No.2.
Block E. Lot 1. for $100,000 plus estimated survey costs, title Insurance fees and closing costs
of $1.800, for a total acquisition amount not to exceed $101,800.
7. Approve an agreement with the Florida Department of Transportation transferring
ownership of Ft. Harrison Avenue/Drew Street from the state highway system to the city
roadway system and transferring ownership of Myrtle Avenue from the city roadway system to
the state highway system. and adopting Resolution No. 02~35.
8. Approve a work order to Parsons Engineering Science, Inc., an Engineer of Recordt to
provide engineering design and permitting services for the Palmetto Street Sediment Sump for
the sum of $71,044.'
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. 9. Adopt Res. 02-42 authorizing the subordination of an existing water line easement on the
west side of U.S. 19/ S.R. 55, just south of S.R. 60. to the Florida Department of
Transportation (FDOT). and approve a subordination agreement with FOOT.
10. Approve a work order for engineering design of the North Greenwood Traffic Calming
Doslgn and Construction Administration Services (02-0055-EN) to Wade Trim in the
amount of $184,721.96. .
11. Award a contract for the Grandvlew Terrace Traffic Calming and Stormwater
Improvements (99-0023-EN) to MTM Contractor. Inc. In the amount of $618,566.75t which is
. the lowest responsible bid received in accordance with plans and specifications.
12. Approve the final plat for MBELLE HARBOR"located at the northeast corner of Baymont St.
. and Mandalay Ave. on Clearwater Beach.
ED/HSG ECONOMIC DEVELOPMENT/HOUSING
1. ITEM PULLED
2. Update on Beach Parking.
PLD PLANNING
1. Review and approve of an amendment to the Development Agreement between the
Clearwater Seashell Resort LC and the City of Clearwater which provides for the interim use
of the property as a public parking lot; extends the time frames for both the hotel project and
Interim project; provides lease terms for the parking lot; adds a provision requiring the City to
purchase the property under certain conditions; authorizes staff to establish a new capital '
Improvement project to purchase the site for up to $6 million; and approves an interfund loan of
$2 million from the Central Insurance Fund and $2 million from the General Fund and commits
$2 million of the retained earnings of the Parking Fund to total $6 million of the estimated project
cost.
2. Public Hearing & First Reading Ord #7001-02) 7002-02 - Land Use Plan Amendment and
Rezoning for property at 3021 State Road 590 (Lot 2. South Oak Fashion Square In Section 09,
Township 29 South, Range 16 East) (Bayrldge Apartments, LLC/Advent Beally Ltd.
Partnership) LUZ 2002-05004
3. Public Hearing & First Reading Ord #7006-02 - Rezoning of property at 1214 Franklin Circle
(Lot 5. Block J. Hibiscus Garden In Section 15, Township 29 South. Range 15 East) (Alplna
Investment, Inc.) REZ 2002-05002
CA LEGAL DEPARTMENT
1. Approve release of consent of sale restriction on property known as Atrium building and
retaining certain restrictions on the transfer of the property.
. 3 Rev 1: 08/19/02
S:\Clerk SpeclBlIst\Commlsslon and Worksesslon Agenda\Oa-.19-02 WorkSesslon Agenda rev.doc
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Second Reading Ordinances
1. Ord #6980..02 approve a Zoning Atlas Amendment for the Island Estates Neighborhood by
applying the Island Estates Neighborhood ConservatIon Overlay District as an Overlay District
In addition to the existing Low Medium Density Residential District, Medium Density Residential
District, Medium High Density Residential District, High Density Residential District, Institutional
District, and Commercial District for the Island Estates, neighborhood.
2. Ord #6981-02 approve text amendments to the community Development code to establish
the Neighborhood Conservation Overlay District for Island Estates.
3. Ord #6999-02 amending Chapter 21, repeallng Section 21.04 of the Code of Ordinances
regarding'fortunetellers, etc. .' '
, '4. Ord #7007-02 - approve adding paragraph (11) to Chapter 33, Section 33.067 of the Code of
, Ordinance adding a new designated slow down minimum wake zone off Windward Island on
Island Estates. '
, . 5. Ord #7016-02 amending Ordinance 6675-01 related to City of Clearwater Revenue Bonds to
... be Issued for the Community Sports Complex in order to provide for the use of certain revenues
of the City to pay a portion of the bond debt service requirements. . .
6. Ord #7017-02, amending Neighborhood and Affordable Housing Advisory Board ordinance to
reduce the number of members serving on the board, reduce the number of members
, necessary for a quorum, and making other clarifying revisions.
Other City Attorney Items
City Mariag,er Verbal Reports
1. Update on 8/12/02 Budget Worksession
Commission Discussion Items
Presentation(s) for Thursday Night
1. Graduation of Citywide Leadership Group.
2. 2002 Legislative Wrap-up:
Representative Franl( FarJ(as - Chairman Plnel1as County Legislative Delegation and
Representative John Carasses .
Other Commission Action
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Adjourn
4 Rev 1: 08/19/02
S:\Clork Speclallst\Commlsslon and Worksesslon Agenda\Oa.19.02 WorkSesslon Agenda rev.doc
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