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11/07/2002 t } i CITY COMMISSION MEETING 11 /07/02 ' NOTE f ' I 1102/02 PRELIMINARY (WS) AGENDA & PAPERWORK THAT WAS IN PACKET INITIALLY BUT THEN NOT CONTINUED ONTO THURSDAY'S COMMISSION AGENDA. IS AT THE BACK OF THIS AGENDA PACK. t /?sd ACTION AGENDA COMMISSION MEETING Thursday, November 7, 2002 ITEM #1 - Invocation - Pastor Donna Oberkreser, Central Christian Church ITEM #2 - Pledge of Allegiance - Mayor ITEM #3 - Introductions, Awards and Presentations a. Teachers from Nagano, Japan - Introduced. Teachers said a few words.. ITEM #4 - Presentation: a. City Manager's Annual Report -Given. ITEM #5 - Approval of Minutes - Regular Meeting October 17, 2002 - Approved. ITEM #6 - Citizens to be heard re items not on the Agenda David Hemerick suggested appointing a task force to address the development of a downtown marina at the footprint of old Memorial Causeway Bridge. John Wiser suggested recognition of and city representative participation on local community service clubs. Dennis Henne er requested information on DDB and CRA and plans to expand the CRA. He invited the City Manager to come by his place of business on Cleveland Street. Sheila Cale requested support for January being proclaimed International Visitors Month. She indicated local businesses are also being encouraged to participate. PUBLIC HEARINGS ITEM # 7 - Public Hearing & First Reading -Ordinance 7004-02 and Ordinance 7005-02 - Approve the Land Use Plan Amendment from Residential Low (RL) to Institutional (1), and Zoning Atlas Amendment from County Zoning One, Two and Three Family Residential (R-4) and City Low Density Residential District (LDR) to City Institutional (1) District of properties located at 717, 719, 721, 723 & 725 South Bayview Avenue; 3018 & 3024 Penmar Drive; and Lot 5, Tract B of the Myron A. Smiths Bay View Subdivision (consisting of Section 16, Township 29 South, Range 16 East) (Our Lady of Divine Providence, House of Prayer, Inc. LUZ 2002-05006) - Approved. Ordinances passed 9`t reading. ITEM #8 - Ordinance 6924-02 - Land Use Plan Amendment for property at 19034 US 19 North from Commercial General to Residential Medium (Lot 1, Bradford Court Subdivision in Section 19-29S-16E) (Bradford Scott Corporation) LUZ 01-09-08 - Ordinance adopted. mcc11 a02.ag 1 11/07/02 ITEM #9 - Ordinance 6925-02 - Rezoning for property at 19034 US 19 North from Commercial General to Residential Medium (Lot 1, Bradford Court Subdivision in Section 19-29S-16E) (Bradford Scott Corporation) LUZ 01-09-08 - Ordinance adopted. ITEM #10 - Ordinance 6972-02 - Land Use Plan Amendment from Commercial General to Residential High Density Residential consisting of property at 2551 Harn Boulevard. (Long Bow Corporation; James G and Anastasia S Nichols) LUZ 02-02-01 - Ordinance adopted. ITEM #11 - Ordinance 6973-02 - Rezoning Atlas from Commercial to Medium High Density Residential consisting of property at 2551 Harn Boulevard. (Long Bow Corporation; James G and Anastasia S Nichols) LUZ 02-02-01 - Ordinance adopted. ITEM #12 - Ordinance 7022-02 - Annexation for 1576 Levern St. (Lot 5 and the East 13 ft of Lot 4, Blk F, Bonair Hills Subdivision in Section 11, Township 29 South, Range 15 East) Owners: Jamar L. Parker and Tracy Anderson. (ANX 2002-07008) - Ordinance adopted. ITEM #13 - Ordinance 7023-02 - Land Use Plan for 1576 Levern St. (Lot 5 and the East 13 ft of Lot 4, Blk F, Bonair Hills Subdivision in Section 11, Township 29 South, Range 15 East) Owners: Jamar L. Parker and Tracy Anderson. (ANX 2002-07008) - Ordinance adopted. ITEM #14 - Ordinance 7024-02 - Zoning Atlas Amendments for 1576 Levern St. (Lot 5 and the East 13 ft of Lot 4, Blk F, Bonair Hills Subdivision in Section 11, Township 29 South, Range 15 East) Owners: Jamar L. Parker and Tracy Anderson. (ANX 2002- 07008) - Ordinance adopted. ITEM #15 - Ordinance 7025-02 - Annexation for 3145 Downing St. (Lot 10, Downing Subdivision in Section 16, Township 29 South, Range 16 East) Owners: Laureno and Maria Tavares. (ANX 2002-07009) - Ordinance adopted. ITEM #16 - Ordinance 7026-02 - Land Use Plan for 3145 Downing St. (Lot 10, Downing Subdivision in Section 16, Township 29 South, Range 16 East) Owners: Laureno and Maria Tavares. (ANX 2002-07009) - Ordinance adopted. ITEM #17 - Ordinance 7027-02 - Zoning Atlas Amendments for 3145 Downing Subdivision in Section 16, Township 29 South, Range 16 East) Owners: Laureno and Maria Tavares. (ANX 2002-07009) - Ordinance adopted. ITEM #18 - Ordinance 7028-02 - Annexation for 321 Elizabeth Ave. (North 100 ft of the South 610 ft of the East 150 ft of the West 980 ft of the Southwest quarter of the Northeast quarter in Section 17, Township 29 South, Range 16 East, less the Westerly 15 ft thereof) Owner: Nancy Wasilewski. (ANX 2002-07010) - Ordinance adopted. ITEM #19 - Ordinance 7029-02 - Land Use Plan for 321 Elizabeth Ave. (North 100 ft of the South 610 ft of the East 150 ft of the West 980 ft of the Southwest quarter of the Northeast quarter In Section 17, Township 29 South, Range 16 East, less the Westerly 15 ft thereof) Owner: Nancy Wasilewski. (ANX 2002-07010) - Ordinance adopted. mcc11 a02.ag 2 11/07/02 ITEM #20 - Ordinance 7030-02 - Zoning Atlas Amendments for 321 Elizabeth Ave. (North 100 ft. of the South 610 ft of the East 150 ft of the West 980 ft of the Southwest quarter of the Northeast quarter in Section 17, Township 29 South, Range 16 East, less the Westerly 15 ft thereof) Owner: Nancy Wasilewski. (ANX 2002-07010) - Ordinance adopted. ITEM #21 - Ordinance 7031-02 - Land Use Plan Amendment for 1161-1165 Turner St. (Lot 15 and the East 35.7 ft of Lot 16, Turner Street Groves in Section 15, Township 29 South, Range 15 East) Owner: Orlandi, Inc. (LUZ 2002-07007) - Ordinance adopted. ITEM #22 - Ordinance 7032-02 - Rezoning for 1161-1165 Turner St. (Lot 15 and the East 35.7 ft. of Lot 16, Turner Street Groves in Section 15, Township 29 South, Range 15 East) Owner: Orland!, Inc. (LUZ 2002-07007) - Ordinance adopted. ITEM #23 - Ordinance 7044-02 - Amending Article III Public Service Tax of the Clearwater Code of Ordinances to comply with Florida State statutes. - Ordinance adopted. CITY MANAGER REPORTS CONSENT AGENDA (Items #24-41) - Approved as submitted. ITEM #24 - Approval of Purchases per Purchasing Memorandum: 1) Purchase seven (7) Gate entry controllers from Semco Integrated Systems, Jacksonville, Florida for $54,054.09. 2) Contract to Mansfield Oil Co., Atlanta, Georgia for Diesel fuel and unleaded gasoline during the period 12/16/02 thru 12/15/03 for $950,000. 3) Purchase thirteen (13) 2003 Ford Crown Victoria Police Cruisers from Don Reid Ford, Maitland, Florida for $321,295. 4) Increase contract to Jeffry Knight, Inc., dba Knight Enterprises, Clearwater, Florida by $150,000 for gas main and service line installation during the remainder of the .contract ending 5) Purchase one (1) AA Spectrometer from Perkin-Elmer LLC, Norwalk, Connecticut for $50,635. 6) Purchase one (1) Ballfield lighting system from Florida Sports Lighting, Dunedin, Florida for $79,500. ITEM #25 - Authorize quarterly payments of interest earnings to the Clearwater Library Foundation, Inc. at the cash pool rate of return on funds received from the Clearwater Library Foundation, Inc. for the new Main Library project In an amount not to exceed $100,000, until such time as all funds contributed for this project from the Foundation are spent. ITEM #26 - Approve naming the new North Greenwood Branch Library Community Room for Pastor Mac J. Williams, Sr. mcc11 a02. ag 3 11/07/02 .:?. f.\..,.. .... ITEM #27 - Approve an agreement with Decade Properties, Inc. dba Clearwater Bay Marina from 12101/02 to 11/30103, a one (1) year period, for the collection of daily launch fees at Seminole Street Launching Ramps for twenty-five percent (25%) of fees collected. I? ITEM #28 - Accept Clearwater Cultural Plan, November 2002 and direct staff to . commence with Implementation of the plan pending an ordinance or budget items, which will be brought back to the Commission at the appropriate time. ITEM #29 - Accept third year grant funding and approve the corresponding agreement from the Juvenile Welfare Board totaling $61,914 for 100% funding of two teen programs. ITEM #30 - Ratify and confirm City Manager approval of an increase in an existing contract with the firm of Bryant, Miller & Olive, P.A. in the amount of $16,000 for a total Purchase Order in the amount of $56,000 for attorney services to amend the Community Sports Development Agreement between the City of Clearwater and the Philadelphia Phillies and to assist in the work associated with the Home Depot acquisition and closing. ITEM #31 - Approve acceptance of a FY 2002/2003 Byrne State and Local Law Enforcement Grant in the amount of $68,794 from the Florida Department of Law Enforcement and approve an agreement with YWCA of Tampa Bay for provision of contractual services during the period 10/01/02 to 09130103, in accordance with Sec.2.564(1)(e), Code of Ordinances - Sale Source. ITEM #32 - Approve a work order for construction administration services for the Grandview Terrace Traffic Calming and Stormwater Improvements Construction Administration Services (02-0073-EN) to Wade Trim of Tampa, Florida in the amount of $29,645.34. ITEM #33 - Approve Change Order No. 3 in the amount of $163,281.82 to Keystone Excavators, Inc. of Oldsmar, Florida for the Mandalay Ave/Papaya St/San Marco Reconstruction (99-0098-EN), for demolition of the fountain at the roundabout, for a new contract total of $2,999,317.04. ITEM #34 - Approve a work order to Post, Buckley, Schuh and Jernigan, Inc, an engineer-of-record, to provide conceptual planning, public involvement and final design services for the Beach Walk project, for the not-to-exceed sum of $500,000. ITEM #35 - Approve Blanket Water Main Easement from The Grand Bellagio at Baywatch Limited Partnership to the City of Clearwater and Blanket Water Main Easement from the Grand Venezia at Baywatch Limited Partnership to the City of Clearwater. ITEM #36 - Re-appoint Commissioner Hamilton to the Pinellas Planning Council for a term of two years (01-01-2003 to 1213112004). ITEM #37 - Re-appoint G. Richard Safirsteln to the Marine Advisory Board mcc11 a02.ag 4 11107/02 ITEM #38 -Appoint Traci Reid to the City Resident Category of the Neighborhood & Affordable Housing Advisory Board. ITEM #39 - Authorize filing lawsuit against WTAN regarding radio tower. ITEM #40.- Approve changing Feb. 6, 2003 Commission Meeting to Feb. 5, 2003. ITEM #41 - Set Special Meetings on Downtown: Dec. 4, 2002 at 1:30 p.m. - Streetscape Design/Gateways/Character Districts Feb 28, 2003 at 9:00 a.m. - Land Use Plan/Waterfront & Open Space Plans March 21, 2003 at 9:00 a.m. - Redevelopment Capital Projects. OTHER ITEMS ON CITY MANAGER REPORT ITEM #42 - Approve a five (5) year agreement from 12/01/2002 to 1113012007, between the City of Clearwater and the Boys and Girls Club Inc., for the use and supervision of the Wood Valley Recreation Center. - Approved. ITEM #43 -Adopt Resolution 02-48 authorizing the City to enter into an agreement with CSX Transportation, Inc., for installation of two (2) 8" water mains and two (2) 4" fiber optic cable conduits in the CSX right-of-way as part of the Myrtle Avenue Drainage and Roadway Improvement project; and approve Pipeline Crossing Agreement Nos. CSX- 044171 and CSX-044172 and Wireline Crossing Agreement No. CSX-044173. - Approved. Resolution adopted. ITEM #44 - Pass Ordinance No. 7015-02, modifying paragraph (9) of Chapter 33, Section 33.067 of the Code of Ordinances adding a new designated slow-down minimum wake zone off Marina Del Rey and Isle of Sand Key, on the first reading. - Approved. Ordinance passed Vt reading. ITEM #45 - First Reading Ordinance 7058-02 - Approve adding subparagraph (h) to Section 2.063 (1) of the City Code, allowing up to two county residents employed within the city limits to be appointed to the Clearwater Housing Authority. - Approved. Ordinance passed I" reading. ITEM #46 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #47 - Other City Attorney Items - None. ITEM #48 - City Manager Verbal Reports - The Mayor has been requested to recommend 5 people to participate In developing an Economic Development plan .for County. Consensus was to recommend - John Doran, Glenn Warren, Mike Meidel, Lee Arnold and Mike Cheezem. ITEM #49 - Other Commission Action mcc11 a02.ag 5 11/07/02 Hibbard said it was good to be home after a trip to New York; thanked all people that voted Tuesday; thanked all who attended the Visioning Session meeting. Gray said Farmer's Market Is starting back up on 11113 in Station Square Park 8 am -1 pm Wednesdays; On 11/6, 1,000 Friends Make It Sparkle Is from 8 am - 12 pm; Wished daughter a happy 12'h birthday. Jonson said Harvey Randall passed away and extended sympathy to his wife Sara; thanked staff for efforts re a billboard that came down on Gulf-to-Bay; visited Greenwood Rec. and Library facilities -will be great; will be a US19 Task Force Construction Meeting on Dec 3 from 8 - 9 at Holiday Inn on US19 -- the task force is'recommending adding numbers to the business pole signs; he attended economic briefing at which Lee Arnold talked about the technology corridor along 1-4. Arnold said Pinellas is getting more hi-tech businesses on this end of the corridor than Hillsborough because it is a fun place to live; he congratulated those elected on Tuesday; he urged all to participate in Neighborhood Watch programs; encouraged everyone to properly dispose of trash and cigarette butts. Hamilton said commission received a letter from Karen Seel re the 2010 Vision Tourism projects - Clearwater's initial response only included Beachwalk - suggested other projects re underground wires on the beach and Alt 19 redevelopment also be added to Clearwater's list for potential funding; hopes after Saturday he will need to buy Hibbard a big T-shirt if his team wins. Auncst congratulated all who participated in Tuesday's election -- he looks forward to working with them; congratulated Arts Committee for art plan; Christmas under the Oaks Is November 9 & 10 at Coachman Park; Nov 11 is International Shuffleboard Tournament at the Harborview Center; Nov. 11 the Commission will attend a Veteran's Day Memorial Service at Curlew Hills Memorial Park; Nov. 14 he will attend the 261' annual award luncheon for the Paramedic Team of Excellence; Nov. 15 at City Hall is the annual kettle kickoff campaign - Commissioner Hibbard will officiate; Nov. 16 from 8 -12 is the North Greenwood clean-up ending with a party on Phillies Drive; Nov. 19 at 10 am is Sand Key Fire station ribbon-cutting; Nov. 20 at 5 pm is the So. Clearwater Citizens for Progressive Action Thanksgiving Dinner at Ross Norton Park; Nov. 21 at 4; 30 pm is ribbon-cutting for new Hispanic Outreach Center at 612 Franklin Street; Nov. 20 - 24 is Festival of Trees at Harborview Center; he appreciated everyone who attended tonight's meeting sharing their thoughts. ITEM #50 - Adjournment - 8:37 p.m. mcc11 a02.ag 6 11/07/02 3?RfCjf??3,i,'. ?.r ,??1j? •{?s ii i??.?:?i,,r?j '1? . .. :!? .??ss t S J 4 ?! f lllC .. s i 1 iti.:4 : r S .l •. t? ?'? ir{?: t;,rte. t•.?,,:. „ .i.; :' . ?` `wh ?? r-,, :*,.,. • ..,. 7 Y•tr 1 f i t AM a fit: ! t ?,i? x?r 717 11 i? Fill s.r .- r ..a; .. 3 ..?2061IIl?Wdtef' ? •, ,? 210 5 Parking System 7 '?-+i.1zL?'?:C•..?'? ir:3h??'n.?:.G'r?ri? i[i?? a s'.:...1.....u.Sn2 Fi sl:.. :.i"?... . ?If' ftneral Fund n?,'. .??..^ii'.C'TrR/IiMMMY?O VL_r ?Y?f?P??? Fx SAS il?'?i::.?"_?:T.4r1.a-:.????r i«:`.r aS.° ;..?x:.ti...., .?:r`•;? '..1 7' ?'r.,':?y??,??„?? . . :; p „ '3jlD'6%4jJ'Ur S3 lei ' -'??i??°L•I .'; N.i rji::',?ti!(':.1':2p;vii ;j. ?Ii??.? ? .. r • '" Clearnvater City Commission Workmssiw Itern U.- .A?genda Cover Memorandum rinal Agemla Itern Meeting Date: 11-07-02 SUBJECT/RECOMMENDATION: Land Use.Plan Amendment and Rezoning for properties at 717, 719, 721, 723 & 725 South Bayvicw Avenue; 3018 & 3024 Penmar Drive; and Lot 5, Tract B of the Myron A. Smiths Bay Vicw Subdivision (in Section 16, Township 29 South, Range 16 East;)'Owners: Our Lady of Divine Providence, ]-louse of Prayer, Inc. MOTION: APPROVE the Land Use Plan Amendment from Residential Low (RL) to institutional (I), and Zoning Atlas Amendment from County Zoning One, Two & Three Family Residential (R-4) and City Low Density Residential District (LDR) to City Institutional (1) District of properties located at 717, 719, 721, 723 & 725 South Bayview Avenue; 3018 & 3024 Penmar Drive; and Lot 5, Tract B of the Myron A. Smiths Bay View Subdivision (consisting of Section 16, Township 29 South, Range 16 East;) and PASS Ordinance No, 7004-02 & No. 7005-02 to amend the Land Use Plan Map and Zoning; Atlas for these properties on first reading. (LUZ 2002-05006) and that the a ro riate officials be authorized to execute same. SUMMARY: This development site is comprised of eight parcels of land and is located on the cast side of South Bayvicw Drive and on the north and south sides of Penmar Drive, north of Old Tampa Bay and is 3.08 acres in area. This land use plan amendment and rezoning is requested by the applicant Our Lady of Divine Providence, House of Prayer Inc. who intends to construct a 12,000 square-foot place of worship on the site. The applicant is requesting to amend the Future Land Use Plan Map designation of these eight parcels from Residential Low (RL) to Institutional (1). Additionally a zoning atlas amendment is requested to rezone five of these parcels that were recently annexed into the City from the County's designation of One, Two & Three Family Residential (R-4) to the City's Institutional (1) District and to rezone the remaining; three parcels from the City's designation of Low Density Residential (LDR) to the Institutional (1) District. 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 Comprehensive Plan, o The proposed use is compatible with the surrounding; area. • Sufficient public facilities are available to serve the property. • The applications will not have an adverse impact on the natural environment. consistent with the ^I Inatin nn f Revlewed by: r g 8 p •• Coats Legal ' 1 Info Srvc N/A PLANNING DEPARTMENT Total (Marc A. M ) Budget N/A Public Works Ni* Wer Dept,: Purchasing N/A DCM/AC Risk Mgmt N/A Other Submitted by: r City Manager Prlntad nn rar ycled nnnar Planning Attachments: ORDINANCES NO. 7003-02, 700402, 7005• 02 STAFF REPORTS ID None Current FY Appropriation Code: Funding Source: Cl OP Other LUZ 2002-05006 Our Lady of Divine Providence, House of Prayer, Inc. Page 2 ,.. Please refer to the attached land use plan and rezoning (LUZ 2002-05006) report for the complete staff analysis. 'In accordance with the*Countywide Plan Rules, the land use plan amendment is subject to tlic approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning .; Authority. ' Due, to 'the size and/intensity of the plan amendment site, review and approval by the Florida -.-..'Department of Community Affairs is not required. -'The Community Development Board reviewed these applications at its public hearing on August 20, 2001 and urianimously recommended approval. The City Commission approved this application on first reading, on September 19, 2002. Due to a defective ordinance title, however, this application could not proceed with second reading. A new, ordinance title was prepared-and this application has been re-advertised for a new first reading. j e i I?r!Ya4.!_.xC.1ki.Y1.'^'E.s511.a}f 1lf!1.JLFt7+Ilfi?4NN•.'1w +... wf.. .. .. . , I .". .. •. .! •e v.• .. .r>..., >s W.... .. r. > a. .. .. u•.+- , ORDINANCE NO. 7004-02 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 AND DESIGNATING INITIAL LAND USE CATEGORY FOR ANNEXED PROPERTY LOCATED ON THE EAST SIDE OF SOUTH BAYVIEW AVENUE AND ON THE NORTH AND' SOUTH SIDES OF PENMAR DRIVE, NORTH OF OLD TAMPA BAY, CONSISTING A PORTION OF TRACTS "B" AND "C", MYRON A. SMITH'S BAY VIEW SUBDIVISION, FURTHER DESCRIBED AS PARCEL A - THAT PART OF TRACTS "B" AND "C", MYRON A SMITH'S BAY VIEW SUBDIVISION, AS RECORDED IN PLAT BOOK 25, PAGE 57, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLY CORNER OF SAID TRACT "B", THENCE ALONG THE WESTERLY LINE, S: 21"06'48"E., 99.13 FEET TO THE POINT OF BEGINNING; THENCE N. 67035'12"E., 100.00 FEET; THENCE S.21006'48"E., 101.43 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF PENMAR DRIVE (WIDTH VARIES); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, S.67028'30"W., 176.50 FEET; THENCE N.211,06'48"W., 101.46 FEET; THENCE N.67021'05"E., 76.50 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: PARCEL B - THAT PART OF TRACTS "B" AND "C", MYRON A SMITH'S BAY VIEW SUBDIVISION, AS RECORDED IN PLAT BOOK 25, PAGE 57, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHWESTERLY CORNER OF SAID TRACT "C", THENCE ALONG THE WESTERLY LINE OF SAID TRACT, S.21006'48"E., 253.73 FEET TO THE SOUTHERLY LINE OF PENMAR DRIVE (WIDTH VARIES) FOR THE POINT OF BEGINNING; THENCE ALONG SAID LINE THENCE N.68°53'12"E., 365.82 FEET; THENCE S.21007'07"E., 330 FEET, MORE OR LESS, TO THE MEAN HIGH WATER LINE OF OLD TAMPA BAY; THENCE SOUTHWESTERLY ALONG SAID'LINE, 500 FEET, MORE OR LESS, TO THE EASTERLY RIGHT-OF-WAY LINE OF BAYVIEW AVENUE; THENCE ALONG SAID RIGHT-OF-WAY LINE, N21006'48"W., 500 FEET, MORE OR LESS, TO SAID SOUTHERLY LINE OF PENMAR DRIVE THENCE ALONG SAID SOUTHERLY LINE, N.68053'12"E., 104.61 FEET TO THE POINT OF BEGINNING, WHOSE POST OFFICE ADDRESS IS (MULTIPLE ADDRESSES), FROM RESIDENTIAL LOW (RL) TO INSTITUTIONAL (1) AND INITIAL DESIGNATION OF ANNEXED PROPERTY AS INSTITUTIONAL (1); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, Ordinance No. 7004-02 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1, The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See legal description attached hereto (LUZ 2002-05006) ' Land Use Category From: Residential Low (RL) To: Institutional (1); Initial Designation of Annexed Property as Institutional (1) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive. plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Leslie K. Dougall-Si es Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7004-02 Legal Description for LUZ 2002-05006 Parcel A THAT PART OF TRACTS "B" AND "C", MYRON A SMITH'S BAY VIEW SUBDIVISION, AS RECORDED IN PLAT BOOK 25, PAGE 57, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLY CORNER OF SAID TRACT "B", THENCE ALONG THE WESTERLY LINE, S. 21006'48"E., 99.13 FEET TO THE P01NT OF BEGINNING; THENCE N. 67035'12"E., 100.00 FEET; THENCE S.2 1 °06'48"E., 101.43 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF PENMAR DRIVE (WIDTH VARIES); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, S.67°28'30"W., 176.50 FEET; THENCE N.21°06'48"W., 101.46 FEET; THENCE N.67021'05"E., 76.50 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: Parcel B THAT PART OF TRACTS "B" AND "C", MYRON A SMITH'S BAY VIEW SUBDIVISION, AS RECORDED IN PLAT BOOK 25, PAGE 57, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHWESTERLY CORNER OF SAID TRACT "C", THENCE ALONG THE WESTERLY LINE OF SAID TRACT, S.21°06'48"E., 253.73 FEET TO THE SOUTHERLY LINE OF PENMAR DRIVE (WIDTH VARIES) FOR THE POINT OF BEGINNING; THENCE ALONG SAID LINE THENCE N.68°53'12"E., 365.82 FEET; THENCE S.21007'07"E., 330 FEET, MORE OR LESS, TO THE MEAN HIGH WATER LINE OF OLD TAMPA BAY; THENCE SOUTHWESTERLY ALONG SAID LINE, 500 FEET, MORE OR LESS, TO THE EASTERLY RIGHT-OF-WAY LINE OF BAYVIEW AVENUE; THENCE ALONG SAID RIGHT-OF-WAY LINE, N21 °06'48"W., 500 FEET, MORE OR LESS, TO SAID SOUTHERLY LINE OF PENMAR DRIVE THENCE ALONG SAID SOUTHERLY LINE, N.68053'12"E., 104.61 FEET TO THE POINT OF BEGINNING. Ordinance No. 7004-02 RM 8109 - -- ° -- FVO$ 1--------?A,U - ?_ WOL AU INS RloL • rtAil Ys 6T suRr?v°?' [Y AU RU RU INS RLM RU RU FILM 7RU RU RlOL RU ? RLM U R H RU INS IN5 03 RU RU RU RU RU AU © RU C ill RAM RU Co. CG CG CO L Gi i CG GUlf to Bay Blvd CG C ca INS co RLM AU ALM T/U Ru RU RU -,/• • w AL Ru OJ P RM RN RLM I * \ -6 INS *** `?.. I r r Al. RL • U3 PIN: 19129/ 8/03108/000/0203 8 /29/6/83 08 wAreA • .•' • g /000/0206 8/29i?8 08i000Q00i?3 66 Day OCd?'ampa r•• 8129/16183 08/00010306 19129/1 8 /83 106/000/0307 . WATER 1 g 3 1ei2l%1B%93108,000000/000008 0/0 18129/18/83108/000/0310 LAND USE PLAN MAP OWNER: Our Lady of Divine Providence House of Prayer, Inc.____ CASE LUZ 2002-06006 SITE: S. Bayview Ave. & Penmar Dr. PROPERTY SIZE (ACRES): 3.08 ZONING LAND USE FROM: LDR HesldenSlol Low ATLAS PAGE: 301A TO: I I Ordinance NO. 7004-02 ORDINANCE NO. 7006-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY AND DESIGNATING INITIAL ZONING FOR ANNEXED PROPERTY LOCATED ON THE EAST SIDE OF SOUTH BAYVIEW AVENUE AND ON THE NORTH AND SOUTH SIDES OF PENMAR DRIVE, NORTH OF OLD TAMPA BAY, CONSISTING OF A PORTION OF TRACTS "B" AND. "C", MYRON A. SMITH'S BAY VIEW SUBDIVISION, FURTHER DESCRIBED AS PARCEL A - THAT PART OF TRACTS "B" AND "C", MYRON A SMITH'S BAY VIEW SUBDIVISION, AS RECORDED IN PLAT BOOK 25, PAGE 57, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLY CORNER OF SAID TRACT "B", THENCE ALONG THE WESTERLY LINE, S. 21006'48"E., 99.13 FEET TO THE POINT OF BEGINNING; THENCE N. 67035'12"E., 100.00 FEET; THENCE S.211,06'48"E., 101.43 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF PENMAR DRIVE (WIDTH VARIES); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, S.67028'30"W., 176.50 FEET; THENCE N.21006'48"W., 101.46 FEET; THENCE N.67021'05"E., 76.50FEET TO THE POINT OF BEGINNING. TOGETHER WITH: PARCEL B - THAT PART OF TRACTS "B" AND "C", MYRON A SMITH'S BAY VIEW SUBDIVISION, AS RECORDED IN PLAT BOOK 25, PAGE 57, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHWESTERLY CORNER OF SAID TRACT "C", THENCE ALONG THE WESTERLY LINE OF SAID TRACT, S.21006'48"E., 253.73 FEET TO THE SOUTHERLY LINE OF PENMAR DRIVE (WIDTH VARIES) FOR THE POINT OF BEGINNING; THENCE ALONG SAID LINE THENCE N.68053'12"E., 365.82 FEET; THENCE S.21007'07"E., 330 FEET, MORE OR LESS, TO THE MEAN HIGH WATER LINE OF OLD TAMPA BAY; THENCE SOUTHWESTERLY ALONG SAID LINE, 500 FEET, MORE OR LESS, TO THE EASTERLY RIGHT-OF-WAY LINE OF BAYVIEW AVENUE; THENCE ALONG SAID RIGHT-OF-WAY LINE, N21006'48"W., 500 FEET, MORE OR LESS, TO SAID SOUTHERLY LINE OF PENMAR DRIVE THENCE ALONG SAID SOUTHERLY LINE, N.68053'1 2"E., 104.61 FEET TO THE POINT OF BEGINNING, WHOSE POST OFFICE ADDRESS IS (MULTIPLE ADDRESSES), FROM LOW DENSITY RESIDENTIAL (LDR) TO INSTITUTIONAL (1) AND INITIIAL ZONING OF ANNEXED PROPERTY AS INSTITUTIONAL (1); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Ordinance No. 7005.02 Propey Zoning District See legal description attached hereto From: Low Density Residential (LDR) (LUZ 2002-05006) To: Institutional (1): ;. Initial Zoning of Annexed Property As Instititutional (t) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3: This ordinance shall take effect immediately upon adoption, subject to ' the approval of the land use designation set forth in Ordinance 7004-02 by the Pinellas County-Board of County Commissioners, and subject to 'a determination by the State of r: Florida, as appropriate, of compliance. with the applicable 'requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §463.3189, Florida Statutes. PASSED ON FIRST READING, PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst. Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Sidds Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7005.02 Legal Description for LUZ 2002-05006 Parcel A THAT PART OF TRACTS "B" AND "C", MYRON A SMITH'S BAY VIEW SUBDIVISION, AS RECORDED IN PLAT BOOK 25, PAGE 57, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLY CORNER OF SAID TRACT "B", THENCE ALONG THE WESTERLY LINE, S. 21006'48"E., 99.13 FEET TO THE POINT OF BEGINNING; THENCE N. 67°35'12"E., 100.00 FEET; THENCE S.21 °06'48"E., 101.43 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF PENMAR DRIVE (WIDTH VARIES); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, S.67028'30"W., 176.50 FEET; THENCE N.21006'48."W., 109.46 FEET; THENCE N.67021005"E., 76.50 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: Parcel B THAT PART OF TRACTS "B" AND "C", MYRON A SMITH'S BAY VIEW SUBDIVISION, AS RECORDED IN PLAT BOOK 25,. PAGE 57, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHWESTERLY CORNER OF SAID TRACT "C", THENCE ALONG THE WESTERLY LINE OF SAID TRACT, S.21006'48"E., 253.73 FEET TO THE SOUTHERLY LINE OF PENMAR DRIVE (WIDTH VARIES) FOR THE POINT OF BEGINNING; THENCE ALONG SAID LINE THENCE N.68053'12"E., 365.82 FEET; THENCE S.21°07107"E., 330 FEET, MORE OR LESS, TO THE MEAN HIGH WATER LINE OF OLD TAMPA BAY; THENCE SOUTHWESTERLY ALONG SAID LINE, 500 FEET, MORE OR LESS, TO THE EASTERLY RIGHT-OF-WAY LINE OF BAYVIEW AVENUE; THENCE ALONG SAID RIGHT-OF-WAY LINE, N21006'48"W., 500 FEET, MORE OR LESS, TO SAID SOUTHERLY LINE OF PENMAR DRIVE THENCE ALONG SAID SOUTHERLY LINE, N.68°53'12"E:, 104.61 FEET TO THE POINT OF BEGINNING. Ordinance No. 7005-02 ? ?° 1? 11,10- a l a s F'Af?1C cl f itl?o5 ° as oo / (i ,r„ ? a 60 a o 6Sif»! Itl li7* O [? C) 10 , h ?? IJ r. SR 60 GULF TO BAY a 4B.'AVIEw Wr ROX v tn n co C1 X75?.?ti5 5 _,. 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'??a',::, `? ,;?' ?.. ;'° :cam v110 a, '< PIN: 10/28/16/83108/000/0203 1'`",?•' '' '`1 ;°i+', , 1, ?~PR 18/28/ 5/03108/000/p02005 C 25 8/ 9/ / 09/DQ0l0300 32/Q5': ti 4 r`' I?/?el??/?'??Da/DUUO/0306 16/2288/ 8/8893106/00010304 6/29/JOG/00 STALE ! d ?B/29%18/ 83 06/0082388 18/281 8/83 0081 6/000/0310 Zoning Map 0WNER: Our Lady of Divine Providence House of Prayer, Inc. CASE LUZ 2002-06006 SITE: S. Bayview Ave. & Penmar Dr. PROPERTY SIZE (ACRES)- 3.08 ZONING LAND USE FROM: LDR Resldenilal Law ATLAS PAGE: 301A TO: I I Ordinance NO. 7005-02 CDB Meeting Date: Augst 20, 2002 Case Number: LUZ 2002-05006 Agenda Item: D-2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION 7 OWNER/APPLICANT: Our Lady of Divine Providence, House of Prayer, Inc. REPRESENTATIVE: Harry S. Cline, Esquire LOCATION: 717, 719, 721, 723 & 725 South Bayvicw Avenue; 3018 & 3024 Penmar Drive; and Lot 5,,Tract B of the Myron A. Smiths Bay s• View Subdivision. Generally located on the east side of South Bayview Drive and on the north and south sides of Penmar Drive, north of Old Tampa Bay. REQUEST: To amend the Comprehensive Plan's Future Land Use Map from . Residential Low (RL) to Institutional (1), and To rezone from R-4, One, Two & Three Family Residential (County) & LDR, Low Density Residential (City) to 1, Institutional ,. (City). :r ' SITE INFORMATION: PROPERTY SIZE: 134,164 square feet or 3.08 acres (combined lots) DIMENSIONS OF SITE: 480 feet by 680 feet (combined lots) m.o.l. . PROPERTY USE: Current Use: Three structures utilized as accessory uses to the applicants adjacent place of worship & live vacant lots Proposed Use: A new 12,000 square foot Place of Worship facility in addition to • the three existing retreat buildings. ' . PLAN CATEGORY: Current Category: Residential Low (RL) Proposed Category: Institutional (1) Staff Report - Community Development Board - August 20, 2002 - Case LUZ 2002-05006 Page t ify ty i?? tM:? ZONING DISTRICT: Current District: Proposed District: EXISTING: SURROUNDING USES: ANALYSIS R4 -- One, Two & Three Family 1tesldcnttal (County) and Low Density Residential (LDR) City. Institutional (I) City. North: Single-family residential South: Old Tampa Bay East: Utility/infrastructure facility West: Single-family residential &institutional Introduction This Future Land Use Plan amenndment and rezoning application involves eight (8) parcels of land located on the east side of South Bayview Drive on the north and south sides of Pcnmar Drive; south of Gulf To Bay Boulevard.. These properties are approximately 134,164 square feet or 3.08 acres. Three of the parcels are occupied by structures - uscd in conjunction with the applicant's adjacent property; the remainder of the parcels arc vacant. Currently, the applicant has. no plans to modify any ' of the three existing structures located on tine subject site. A companion application to annex the live vacant properties into tine City of Clearwater is being processed concurrently with this land use plan and rezoning amendment (CascH ANX 2002- 05007). All of the parcels on the subject site have a Future Land Use Plan designation of Residential Low (RL). The properties located in the County are zoned One, Two &,rirec Family Residential (R- 4) and the properties located in the City are zoned Low Density Residential (LDR). The applicant is requesting to amend the Future Land Use Plan to designate all of tine properties Institutional and to rezone them to the Institutional (I) District to accommodate a place of worship on this site. The applicant intends to raze a 3,500 square-foot place of worship facility used for meditation, schooling, library and administration purposes on its property west of the subject site and relocate/construct a new 12,000 square-foot place of worship comparable in use on the proposed site. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as, the Countywide Planning Authority. 1. CONSISTENCY WITH CITY'S COMPREIIENSIVE PLAN Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the.proposed land use plan amendment areas indicated below: 3.0 Goal -- A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Staff Report - Community Development Board - August 20, 2002 -- Case UJZ 2002-05006 Page 2 3.1 Objective - Public institutions, such as hospitals, schools, parks, utility facilities and government facilities, shall be provided sufficient land area to accommodate identified public needs. 19.2 Objective - The coastaf.high hazard areas include areas that have experienced severe damage or are scientifically predicted to experience damage from stonii surge, waves and erosion. The City shall direct population concentrations away from known or predicted coastal high hazard areas consistent with the goals, objectives and policies of the future Land Use Element in the Clearwater Comprehensive Plan. The conceptual design provided by the applicant's architect illustrates that the intended new structure will be located in the northeast corner of the subject property. Cun-ently, the entire structure that is to be razed is located 5 'fect above the mean high water mark of the Old Tampa Bay in the VE Zone of the 100-year floodplain. The Federal Emergency Management Agency (FEMA) designates the VE Zone as the most hazardous flood prone area that can be inundatcd by coastal floods with velocity hazards (wave action). The construction of the proposed structure in the northeast portion of the site will locate the new building entirely outside of the VE zone and in the AE zone of the 100-year floodplain, as well as a portion of the building being located in the 500-year floodplain. The AE zone requires only that buildings be elevated 10 feet above mean high water mark. In addition, by amending the land use and zoning to Institutional, it eliminates the possibility of residential structures from being located within the 100-year floodplain. This proposed amendment will have the impact of directing residential population concentrations away from flood prone areas. The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. IT. CONSISTENCY WITH COUNTYWIDE PLAN Applicable regulations from the Countywide Plan are as follows: 2.3.3.7.3 Institutional (I). Pumose - It is the purpose of this category to depict those areas of the County that are now used, or appropriate to be used, for public/semi-public institutional purposes; and to recognize such areas consistent with the need, character and scale of the institutional use relative to surrounding uses, transportation facilities, and natural resource features. Use Characteristics -- Those uses appropriate to and consistent with this category include: • Primary Uses Public Educational Facilities; Private Schools; Colleges; Hospital, Medical Clinic; Church, Religious Institution, Cemetery; Funeral Home/Mortuary; Social/Public Service Agency; Child Day Care; Fraternal, Civic Organization; Municipal Office Building, Staff Reporl - Community Development Board - August 20, 2002 ._ Case LUZ 2002.05006 Page 3 Courthouse;- Library; Public Safety Facility, Emergency Medical Service Building; Convention Center Secondary Uses Residential; Residential Equivalent; Recreation/Open Space; Transportation/ Utility; Ancillary Non-Residential Locational Characteristics - This category is generally appropriate to those locations where educational, health, public safety, civic, religious and,like institutional uses are required to serve the. community; and to recognize the special needs of these uses relative to their relationship with surrounding uses and transportation access. In addition, the Countywide Rules has imposed specific acreage limitations for all Land Use Categories, with the exception of Preservation. These limitations designate a five (5) acre limit on the amount of institutional use, alone or when added to existing contiguous uses, allowed in all land use, categories. The total property size currently in use by the applicant, on the subject site and its adjacent property on the east side of South Bayview Avenue, totals 6.09 acres. With the applicant's institutional use above the allowable five.(5) acre limit, the Pinellas Planning Council will require a land use plan amendment to Institutional (I) for the subject property. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CIIARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2. & 4-603.F.3.] Gulf-to-Bay Boulevard Corridor Gulf-to-Bay Boulevard is a six lane divided roadway with frequent traffic signals. The Gulf-to- Bay corridor in this area between U.S. 19 North and McMullen Booth Avenue is characterized by a variety of development including commercial uses, transportation/utility, institutional, offices and residential. The Countywide Future Land Use Plan has designated land in this area on the south side of Gulf-to-Bay Boulevard Commercial General, Transportation Utility, Institutional, Residential/Office General, Residential Medium, Residential High, Residential Urban, and Residential Low Medium. The area on the north side of Gulf-to-Bay Boulevard has been designated as Commercial General, Recreation/Open Space and Residential Low Medium. Immediate Surrounding Area The Future Land Use Plan (FLUP) categories for the immediate surrounding area to the east are Water/Drainage and Transportation/Utility uses. Residential Low and Institutional categories are located to the west, while the area to the north is designated Residential Urban and Institutional. The area to the south of the property is occupied by Old Tampa Bay. The existing surrounding uses include single-family residential dwellings to the north and west, in addition to a church occupying property to the west. A retention pond and the Bayside Bridge are located to the cast of the property. Staff Report - Community Development Board - August 20, 2002 -- Case LUZ 2002-05006 Page 4 The proposed land use plan amendment is compatible with surrounding uses due to tite similarity of future and existing uses with the proposed land use. IV. SUFFICIENCY OF PUBLIC FACILITIES The subject site is approximately 3.08 acres and would allow 15 single-family dwellings, based on a maximum density of 5.0 units per acre in the current Residential Low Future (RL) Land Use Plan category. Based on a maximum permitted density of 12.5 dwelling units per acre or a maximum permitted FAR of 0.65 under the proposed Institutional (1) plan category, a maximum of 38 dwelling units or an 87,207 square foot building could be constructed on this site provided all code requirements arc met. However, the applicant has already provided conceptual plans for a 12,000 square-foot place of worship to replace an existing, deteriorating place of worship on its property to the west. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic, generation rates have been calculated for the subject site based on the existing and proposed Future Land Use Plan categories and are included in the following table. MAXIMUM POTENTIAL TRAFFIC Gulf to Bay Boulevard Current Existing Proposed Net Neiv Situation Plan Plait Trips Maximum Daily Potential Trips NIA 157 514 357 Maximum PM Peak Hour Potential Trips NIA 19* 54* 35* Volume of GTB Blvd. from U.S.19 N to 55,190 55,347 56,704 357 Bayshore Blvd. LOS of GTB Blvd. from U.S.19 N to. F F F F Bayshore Blvd. NIA = Not Applicable LOS = Level-of-Service * = City Calculation of 12.5% Source: "TIje Rtiles" of tlic Coerirty;vide Fritrtre Land U.ve flan A total of 157 trips per day could result from the existing Residential Low (RL) category based on 51 trips per acre per day for site. A total of 19 PM Peak Hour trips could be anticipated. The proposed Institutional (I) plan category could generate a total of 514 trips based on 167 trips per acre per day and 54 PM Peak Hour trips. A possible net increase of 357 Daily trips and 35 PM Peak Hour trips could be assumed for this land use plan amendment. However, as previously stated, since the applicant is proposing only to replace the existing structure no significant increase in generated traffic is expected to occur. Any increased trips will be distributed to Gulf to Bay Boulevard and the roadways to the north of the site. The 2001 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Gulf to Bay Boulevard segments in the vicinity of this site a level of service (LOS) F. The increase in PM Peak trips to the surrounding Staff Report - Community Development Board - August 20, 2002 - Case LUZ 2002-05006 Page 5 roadways will be insignificant (less than 1%) in relationship to the existing capacity and will not have a negative effect on the segments level ofservice. Specific uses in the current and proposed zoning districts have also been analy/.ed for the amount of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. Single-family dwellings would generate the most vehicle trips daily (143) and PM Peak Hour trips (15) under the current zoning district. Based oil the proposed Institutional (I) zoning of the 3.08 acre site, a government office use would generate the most vehicle trips daily (5,930) and PM Peak Hour vchicle trips (961). If developed to the maximum potential, the proposed rezoning could result in a net increase of 5,787 vehicle trips per day and 946 vehicle trips per PM Peak Hour: However, the applicant has indicated that a 12,000 square-foot house of prayer will be constructed on the site and replace an existing structure. The proposed structure could generate 109 vehicle trips per day and 16 PM Peak Hour vehicle trips per day. Compared to the current zoning district, this would result in a net decrease of 34 trips per day and a net increase of 1 PM Peak trip per day. TRAFFIC IMPACTS BASED ON ITE MANUAL STANDARDS Uses Units/Square Daily Daily Net PM Net Footage Trips - Trips _ Increase of Peak Increase of Permitted /Existing Proposed Average 'T'rips PM Peak Zoning Zoning Daily Trips Trips Single- 15 143 N/A NIA 15 N/A Family Single- 38.5 N/A 368 225 39 24 Family Proposed Use (Place 12,000 sq. (1. N/A 109 (-34) 16 1 of Worship) Hospital 87,206 sq. ft. N/A 1,463 1,320 109 94 . Church 87,206 sq. ft NIA 794 651 122 107 Government 87,206 sq. f:. N/A 5,930 5,787 961 946 Off cc NIA - Not Applicable Source: HE TrI Generation Afasmal, 61h Ed.. 1997 Based on the ITE Trip Generation Manual, specific uses allowed in the proposed Institutional (I) zoning district will generate an increase in the PM Peak traffic that could be considered significant if allowed to develop to the maximum devclopment.standards. However, based on the applicant's proposed use of the subject site, the City of Clearwater Traffic Engineer has concluded that the transportation impacts associated with the plan amendment and rezoning will not result in any degradation of the existing LOS to Gulf-to-Bay Boulevard. There will be no Staff Report - Community Development Board - August 20, 2002 - Case LUZ 2002-05006 Page 6 significant impact on the operational efficiency of the signalized intersections of Gulf-to-Bay Boulevard and S. Bayview Avenue. Mass Transit The' Citywide LOS for mass transit will not be affected by the proposed plan amendment because the anticipated use will not place any demands on mass transit. Water Under the current land use designation and zoning, water consumption rates could approach 3,750 gallons per day. Under the proposed Institutional land use plan designation -and zoning district, water demand could approach approximately 8,720 gallons per day. If developed to maximum development standards, water demand could experience a net increase of 4,970 gallons' pcr day. However, since the applicant is only proposing to.replace a deteriorating structure with a new, larger structure the land use plan amendment and rezoning will not adversely affect the City's current LOS for water. Wastewater Under the current land use plan designation and zoning district, sanitary sewage flow rates could approach 3,000 gallons per day. Under the proposed Institutional land use designation and zoning district, wastewater demand could approach 6,976 gallons per day. If developed to maximum development standards, the proposed amendment will result in a net increase of 3,976 gallons per day. However, since the applicant is only proposing to replace a deteriorating structure with a new, larger structure the land use plan amendment and rezoning will not adversely affect the City's current LOS for wastewater. Solid Waste The current zoning could result in 28 tons of solid waste per year. Under the proposed Institutional land use plan designation and zoning district, 78 tons of solid waste could be generated per year. The proposed amendment will result in a net increase of 50 tons of solid waste per year. However, since the applicant is only proposing to replace a deteriorating structure with a new, larger structure the land use plan amendment and rezoning will not adversely affect the City's current LOS f'or solid waste. Recreation and Open Space The proposed land use plan amendment and rezoning will not impact the LOS of recreational acreage or facilities due to the proposed non-residential land use. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.51 Prior to development of the subject property, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria.. A tree survey will be required to indicate if there are any significant trees located on the property. The majority of the subject site is located within the 100-year floodplain and all new construction will be required to be elevated 10 feet above the 100-year floodplain. Staff' Report - Conim miry Development Board - August 20, 2002 -- Case LUZ 2002-05006 Page 7 The proposed land use plan amendment will not have a negative impact on the natural environment. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.61 The location of the proposed Institutional (1) District boundaries arc logical and an appropriate buffer between the Low Medium Density Residential (LMDR) and Institutional (1) Districts to the north and west and the transportation/utility and watcr/drainage facilities to the cast. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines and existing improvements. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1201.1 and.4-602.F.1 and.2] The proposed Institutional zoning district with tine Institutional Future Land Use Plan category allows a FAR of 0.65 and ISR of 0.85, while the existing Low Density Residential zoning district with Residential Low Land Use Plan category allows a FAR of 0.40 and ISR of 0.65. The ISR of the proposed Institutional District is more intensive at 0.85 than the existing land use, which allows an ISR of 0.60. The combined parcels will meet the minimum development standards for lot size and width for the proposed Institutional District. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and tine property owners will have to comply with all laws and ordinances in effect at the time development permits are requested. The proposed use of this property is consistent with the Institutional zoning district regulations. SUMMARY AND RECOMMENDATIONS The proposed Institutional land use plan classification and the Institutional zoning district are well suited for the surrounding uses. Tine neighborhood is surrounded by institutional and low medium density residential uses. The proposed place of worship use will blend into the existing neighborhood and serve as a buffer between transportation/utility and water/drainage uses to the cast and low medium density residential uses to the west and north. Finally, the proposed Institutional Future Land Use classification and Institutional zoning district are consistent with both the City and the Countywide Comprehensive Plans, arc compatible with tine surrounding area, do not require nor affect the provision of public services, are compatible with the natural environment and are consistent with tine development regulations of the City. The Planning Department recommends APPROVAL, of the following actions on this application: E Amend the Future Land Use Plan designation of 717, 719, 723 and 725 South Bayview Avenue & 3018, 3020, 3022 and 3024 Pcnmar Drive; and Lot 5, Tract B Staff Report - Community Development Board - August 20, 2002 - Case LUZ 2002-05006 Page 8 of the Myron A. Smiths Bay View Subdivision from Residential Low (RL) to .a, Institutional ([)(pending case #. ANX 2002-05007). 2, Amend the Zoning District designation of 717, 719, 723 and 725 South Bayview Avenue & 3018, 3420, 3022 and 3024. Penmar Drive; and Lot 5, Tract B 'of the Myron A. Smiths Bay.View Subdivision from County One, Two & Three Family Residential (R-4) and City Low Density. Residential (LDR) to Institutional (1) zoning district (pending case # ANX 2002-05007). . Prepared by Planning Department Staff: Marc A, Mariano, Planner Attachments Application Location Map Aerial-Photograph of Site and Vicinity Existing Surrounding Uses Zoning Map Land Use Plan Map T 1 S.\Pianning mpartmcm\c U MAW Use AtnendmentsM.UZ 20021 TAFF REPOICI'SIi.U% 2002.05006 Penmar Dr and S Buyview Avc r` I Staff Report - Community Development Board - August 20, 2002 - Case LUL 2002-05006 Page 9 ' i U ORDINANCE NO. 6924-02 ?:r r AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND, USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF U.S. HIGHWAY 19 NORTH, APPROXIMATELY 1060 FEET NORTH OF NURSERY ROAD AND 320 FEET EAST OF SUMMERLIN DRIVE, CONSISTING OF LOT ONE, BRADFORD COURT, WHOSE POST OFFICE ADDRESS IS 19034 US 19 NORTH, FROM COMMERCIAL GENERAL (CG) TO RESIDENTIAL MEDIUM (RM); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the nareinafter described property as follows: Property Land Use Category Lot 1, Bradford Court as recorded in Plat Book From: Commercial General (CG) 111, Page 22, Public Records of Pinellas To: Residential Medium (RM) County, Florida (LUZ 01-09-08) 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 g 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING February 21, 2002 Ordinance No. 6924-02 ,? i W N DRIVE U k W L7 S INDOD P OLLn Lim i wt, RU R R t! U f w R >s R o l o O N - ? 7 W \ .. LL ? A 4, } W Ix a u .7 .. &D . R-1VL pp 1 R MORELAND DRIVE W Cr R/G3 x Rif ......... .... c Q HRRN W u U i_ to -i t:J!l 5L%*CRLIN i T/U T/U I O COUNTYWIDE FUTURE LAND USE PLAN MAP OWNER: Bradford Scott Corporation L.UZ 01-09-08 z SITE: 19034 U.S.19 North PROPERTY SIZE (ACRES). 4,3 LL h PIN: 1912911011007 010DD/0010 ATLAS at?s PAGE: i CG Rif BLVD KH CG Ordinance No. 6924-02 L3 `? ORDINANCE NO. 6.925-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF U.S. HIGHWAY 19 NORTH, APPROXIMATELY 1060 FEET NORTH OF NURSERY ROAD AND 320 FEET EAST OF SUMMERLIN DRIVE, CONSISTING OF LOT ONE, BRADFORD COURT, WHOSE POST OFFICE ADDRESS IS 19034 US 19 NORTH, FROM COMMERCIAL GENERAL (CG) 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, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Prope[ly Lot 1, Bradford Court as recorded in Plat Book 111, Page 22, Public Records of Pinellas County, Florida (LUZ 01-09-08) Zoning District From: Commercial General (CG) 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, subject to the approval of the land use designation set forth in Ordinance 6924-02 by the Pinellas County.Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING February 21, 2002 9 Ordinance No. 6825-02 r t D.,.: `. -.E....., 14/04 ' J:1?•1G j 0 ; MORNINGSIDE F E T ? J9,LUG N I /r 14/05 1,1/0f3 '... H p ; 5 79 4--? 3' A c. y HARN BLVD. r9 35 ?I 2582-416 CONDO. III to N N N N I I i : RES1RIVICNS O.R. 4086•-218 1 4/49 n; ? ?GI MHDR:j: off; 37--17 i ` 14/10 14/08 ' a ' 4 t.... ---•-- ............ .....• I 14/11 r9raa IOU ryl?Y`I ?• ¦rHifff?if?? g 'D MDR rsoax; o I I! , ! Ir ID O 41 /01 II 1 See Amend Restrlctlons. . 4631-509 19034 ®I!s i ?. 41/03 18948 ! 1 N I ' M 1 1 0 1 , ? r 1 I I 41/04 C 18940 41/05 ; IW I See Amend Restrlctlons. I4466-710 SIN Restrlctlons 3907-964 W r-----------^--- ?-----'----------- . 41/06 !d ``?? ?? 18&G0 ? d • 1/)7 r ` `. _ ___ ----------- R -- ---------------------- ? _ See Restrictions 4051.-1874 l 1885a J8940 '(C 7'' VC 18#1 !0 ' G 18820 - ?N 1 1B9a0 US. 19 I ar PROPOSED REZONING AND LAND USE PLAN AMENDMENT OWNER: Bradford Scott Corporation CASE LUZ 01-09-OS 517E: 19034 U.S.19 North PROPERTY SIZE (ACRES): 4.3 z w ZONING LAND USE PIN: 10/20/1511007800010010 CO FROM: G ATLAS r T0t MDR RM PAGE: 31]B Ordinance No. 6925-02 ORDINANCE NO.-6972-02 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 SOUTH SIDE OF HARN BOULEVARD, APPROXIMATELY 420 FEET WEST OF U.S. 19 NORTH, CONSISTING OF A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2551 HARK BOULEVARD, FROM COMMERCIAL GENERAL (CG) TO RESIDENTIAL HIGH (RH); PROVIDING AN EFFECTIVE DATE. Lfl3 ??' WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: . Section 1. The future land use plan element of the comprehensive plan of the City 'of Clearwater is amended by designating the land use category for the hereinafter described property as-follows: Property See Legal Description attached hereto (LUZ 02-02-01) Land Use Cate o! From: Commercial General (CG) To: , Residential High (RH) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable' requirements of the Local Government. Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED June 6, 2002 Brian J. Aungst Mayor-Commissioner Approved as to form: Leslie K. Dougall-Si e Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No, 6972-02 Legal Description LUZ 02-02-01 -Nichols (Long Bow) " A'PARCEL OF LAND LYING WITHIN SECTION 19, TOWNSHIP 29 SOUTH, RANGE .,.. ", .. 16 EAST, PINELLAS.000NTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF THE NEOF SECTION 19, TOWNSHIP 29 RUN N 89°29'13"W, ALONG THE EAST-WEST SOUTH, RANGE 16 EAST .'' ` , 00 FEET FOR A POINT OF BEGINNING;, ; 430 CENTERLINE,OF SAID SECTION 19 . . , THENCE CONTINUE N 89029'13"W,.ON THE SAME LINE 170.00 FEET; THENCE RUN N 00052'25"E PARALLEL TO THE WESTERLY RIGHT-OF-WAY AT U.S. ' . HIGHWAY 19, 260.00 FEET; THENCE RUN S 89029'13"E ALONG THE SOUTHERLY ` LINE OF THE RIGHT-OF-WAY OF HARN BOULEVARD, 170.00 FEET; THENCE RUN " S 00052'25"W, 260.00 FEET TO THE POINT OF BEGINNING, LYING AND BEING SITUATE IN PINELLAS COUNTY, FLORIDA. LESS AND EXCEPT THE NORTH 115.00'FEET OF THE EAST 100.00 FEET :. THEREOF. R1 ! R f I L E DRIVE ...? ................ WRCt uQ dMY[ { 11/07 RH -- i Cr. T/U Pit BLVD _ • d r/U CG r R11 ht! -n c+xr dRnE C w - '• 1;U ?Wt? 1H DRIVC TO U -?? R/GG `9 U{S 3 RZ?1 U r? ? $ YArEA r..? ?• ... -1101 It" M l 1r = 'VA E IrAYPA LAND USE PLAN MAP OWNER: James G. Nichols & Ana#esla S. Nichols CASE l.UZ a2-02-01 SITE; 2661 Harn Boulevard PROPERTY SIZE (ACRES): 0.75 ZONING LAND USE PIN; Part or 10129116/00000/1410108 0 0 FROM: c commercial General TO: MHDR Residential High ATLAS 3091; PAGE: C4 ORDINANCE NO. 6973-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF HARN BOULEVARD, APPROXIMATELY 420 FEET WEST OF U.S. 19 NORTH, CONSISTING OF A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2551 HARN BOULEVARD, FROM COMMERCIAL (C) TO MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT; PROVIDING AN EFFECTIVE DATE. 0?141 // WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1, The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning-District See Legal Description attached hereto From: Commercial (C) (LUZ 02-02-01) To: Medium High Density Residential (MHDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 697202 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 Governme t Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING June 6, 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: r Leslie K: Dougall-S s Assistant City Attorney Brian J, Aungst Mayor-Commissioner Attest: Cynthia' E. Goudeau City Clerk Ordinance No. 6973-02 Legal Description LUZ 02-02-01 • Nichols (Long Bow) A PARCEL OF LAND LYING WITHIN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF THE NE'/ OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, RUN N 89°29'13"W, ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 19, 430,00 FEET FOR A POINT OF BEGINNING;, THENCE CONTINUE N 89029'13"W, ON'THE SAME LINE' 170.00 FEET; THENCE RUN N 00052'25"E PARALLEL TO THE WESTERLY RIGHT-OF-WAY AT U.S. HIGHWAY '19, 260.00 FEET; THENCE RUN S 89°29'13"E ALONG THE SOUTHERLY LINE OF THE RIGHT-OF-WAY OF HARN BOULEVARD, 170.00 FEET; THENCE RUN S 00052'25"W, 260.00 FEET TO THE POINT OF BEGINNING, LYING AND BEING ' SITUATE IN PINELLAS COUNTY, FLORIDA. LESS AND EXCEPT THE NORTH 115.00 FEET OF THE EAST 100.00 FEET, ' THEREOF. , r' I , I •? I WI I r T I ?,? r h3 ?I ul of I I 41 c tKI I , I R I l s ?I DI l a? r`I r^"7 ml ?I el d ! I? I 700 too r I I k ?• 1 1 f +r + + I I , I r I 1 ` f _ 029+ o r I i ` _1 ?1a/qz 1,1103 19:J: U LL- O ^ n.. a . ? sun . E ° 14/04 ?c7i •- ^ 4 MORNINGSIDE F EA ST o ry --•-•• . . II ? . I , 13?0? 0 ? d D K 14/05 14/06 y ti J B 5-79 4-23. A o to u MIX N LLI Q}r HARK BLVD. o Q w JO ... ?t37-16 ads z ' Lt- 11? CONDO. III N n " ra N N N RESTRICTIONS O.R. 40!!6-218 s 14/09 14/10 14/07 G MHDR J %iiii ' MHDR 37-17 L 14/08 i H .. ._.............., 14/11 r9r0a 11:0 BRADFORD COURT 111-121 l9LJJa: k 41/01 i 1 I + r Arnerld tlont. I J90V C + I 18946 41/03 I W I r ! ? ? 41/04 I w I 41/05 10940 v rn I ? • Set Amend 13031f,dions r a: j o ? 4456-714 See REVVI0000% 5402-954 ------------- ZONING MAP OWNER: James G. Nichols & Anastesia S. Nichols J CASC: l.UZ 02-02-01 SITE: 2651 Harn Boulevard PROPERTY SIZE (ACRES): 0.75 FROM: ZONING C LAND USE Commercial General PIN: Port of 10120110100000/14010800 TO: MHDR Reeldentlal High ATLAS 3009 PAGE: ORDINANCE NO. 7022-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF LEVERN STREET, APPROXIMATELY 280 FEET EAST OF WOOD AVENUE AND 540 FEET NORTH OF PALMETTO STREET, CONSISTING OF LOT 5 AND THE EAST 13 FEET OF LOT 4, BLOCK F, BONAIR HILLS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1576 .LEVERN STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has compliedwith all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and-the boundary lines of the City are redefined accordingly: Lot 5, and the East 13 feet of Lot 4, Block F, Bonair Hills Subdivision, recorded in Plat Book 26, Page 108, Public Records of Pinellas County, Florida (ANX 2002-07008) Section 2. The provisions of this ordinance are found and determined to be consistent with' the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the Ciy. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinelbs County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING October 17, 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No, 7022-02 PROPOSED ANNEXATION OWNERS: Jamar L. Parker. & Tracy Anderson CASE: ANX 2002-07008 SITE: 1 576 Levern Street ZONING LAND USE FROM: R-3 Residential Low,(RL) TO: LMDR Residential Low (RL) PROPERTY SIZE (ACRES): 0.203 PIN: 11129115110080100610050 ATLAS PAGE: 270A SAPlanning rhpartmrnt\C R 111AmirMi1{rmtkCarr. AiAps%ANX1001-071KItl IS76 town St%ANNFXNSAF'l11110 UUU1.11iU1L;U fUL4-U4- ` ORDINANCE NO. 7023-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR, CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF LEVERN STREET, APPROXIMATELY 280 FEET EAST OF WOOD AVENUE AND 540 FEET NORTH OF PALMETTO STREET, CONSISTING OF LOT 5 AND THE EAST 13 FEET OF LOT 4, BLOCK F, BONAIR HILLS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1576 LEVERN STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of .the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is, consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Pr. opperty Land Use Cate go Lot 5, and the East 13 feet of Lot 4, Block F, Residential Low Bonair Hills Subdivision, recorded in Plat Book 26, Page 108, Public Records of Pinellas County, Florida (ANX 2002-07008) Section 2: The City Commission: does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7022-02, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ' Ap ved as to rm: Leslie K. Dougall- i s Assistant City Attorney October 17,.2002 Brian .I. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No, 7023-02 sI I °G III I I I T°I I I I I I I IR ?? woG CARROLL U U LONQ w a a ST THIS IS NOT A SURVEY f yl CG a a RU ST RUl a CLARK ST a r . ui x RL d ? z I F tx ? R LEVERN ST a RU RU 0 0 3 L' o v L L RU BONAIR S T (I7 woman= I r7 IRU L. [ J I T 7 R lal.= PALMETTO T .. C0 U R O E0 155 310 620 WALNUT Feet u 71 I Iidu FUTURE LAND USE PLAN MAP OWNERS: Jamar L. Parker & Tracy Anderson CASE: ANX 2002-07008 SITE: 1875 Levern Street PROPERTY SIZE (ACRES): 0.203 ZONING LAND USE PROM: R-3 (COUNTY) Residential Low (RL) TO: LMDR Residential Low (RL) PIN: 11129115110080100610050 ATLAS PAGE: 270A L1 1, S:\i'lamingDcpurlmrnl\Cal1\AmculiuniNUAw 1141-1NANAAKIr•uruun lsr40LV%V nanl.nNLJIM:.nrnr..1mu Ordinance No. 7023--02 ORDINANCE NO, 7024-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF LEVERN STREET, APPROXIMATELY 280 FEET EAST OF WOOD AVENUE AND 540 FEET NORTH OF PALMETTO STREET, CONSISTING OF LOT 5, AND THE EAST 13 FEET OF LOT 4, BLOCK F, BONAIR HILLS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1576 LEVERN STREET, - UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. M 7 WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan, now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Pro pert Zoning District Lot 5, and the East 13 feet of Lot 4, Block F, Low Medium Density Residential Bonair Hills Subdivision, recorded in Plat Book (LMDR) 26, Page 108, Public Records of Pinellas County, Florida (ANX 2002-07008) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7022-02. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sider Assistant City Attorney October 17, 2002 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7024.02 ZONING MAP OWNERS: Jamar L. Parker*& Tracy Anderson CASE: ANX 2002-07008 SITE: 1576 Levern Street PROPERTY SIZE (ACRES): 0.203 ZONING FROM R-3 (COUNTY) LAND USE Residential Law (RQ PIN: 11/29/15110080/00610050 ATLAS PAGE: 270A TO: LMDR Residential Low (RL) ORDINANCE NO.7025-02 , AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DOWNING STREET, APPROXIMATELY 590 FEET EAST OF MCMULLEN BOOTH ROAD AND 570 FEET WEST OF BAYSHORE BOULEVARD, CONSISTING OF LOT 10, DOWNING SUBDIVISION AND A 40-FOOT BY 125-FOOT TRACT ON THE EAST SIDE OF LOT 10, WHOSE POST OFFICE ADDRESS IS 3145 DOWNING STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. /S . WHEREAS, the owner of the real property described herein and depicted on the map attached hereto, as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 179.044, Florida Statutes, and the City has complied with all apocable requirements of Florida law in connection with this ordinance; now, therefore, BE -IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 10, Downing Subdivision, recorded in Plat Book 26, Page 79, Public Records of Pinellas County, Florida, together with the following described parcel: Begin at the Northeast corner of said Lot 10 thence run East 40 feet; thence South 125 feet, thence West 40 feet; thence North 125 feet to the Point of Beginning, all being in Section 16, Township 29 South, Range 16 East. (ANX 2002-07009) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. . Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING October 17, 2002 Ordinance No. 7025-02 N THIS IS NOT A f f SURVEY ALA ? ? T, A IM R ' i; 21 s P I ;P k --I _ >r '? 1- 1F 1n .. T-? IM ISO .T. 0 0 KENTUCKY AVE z J J sm M U TENNESSEE AVE 10r I?3 g : F -- s: ? ?- DOWNI NG ST I '- tow I . . I ' 1 °:i CI 21S . 11 .421 1 i ,:u srt I . - ., ?.. i Is°:'"'s's ' Ixr I ? I I I •?r >oi•i I I 1 I i I Iw fir i ?s _.. srl. ll, I 2r i 1 ; ?, i ! 1 ?5J ice, j 1'?'? 111' .......•.... AS,SSr,SS! :373 ; ?? tsn.i `? I / R 0 125 250 500 I- Feet l ' i I R 1:.t GULF TO BAY BLVD 100 m W Iz 0 ITJ vJ >- M PROPOSED ANNEXATION OWNERS: Laureno & Maria Tavares CASE: ANX 200207009 SITE: 3145 Downing Street PROPERTY SIZE (ACRES): 0.33 ZONING LAND USE PIN; 16129/16/22410/000/0100 FROM. R-3 Residential Urban (RU) ATLAS PAGE: 292A T0: LMDR Resident lal Urban (RU) SAI'I+nnkIX ISrp.,linrnt\C D MAnnru,lun%\faw Atpp.\ANX26U2•07049 1145 Dunning tit\ANNLXAn0N wi,Aui Ordinance No. 7025--02 ORDINANCE= NO, 7026-02 G / AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DOWNING STREET, APPROXIMATELY 590 FEET EAST OF MCMULLEN BOOTH AND 570 FEET WEST OF BAYSHORE BOULEVARD, CONSISTING OF LOT 10, DOWNING SUBDIVISION AND A 40-FOOT BY 125-FOOT TRACT ON THE EAST SIDE OF LOT 10, WHOSE POST OFFICE ADDRESS IS 3145 DOWNING STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN ; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this, ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use categcry for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Cate M Lot 10, Downing Subdivision, recorded in Plat Book Residential Urban 26, Page 79, Public Records of Pinellas County, Florida, together with the following described parcel: Begin at the Northeast corner of said Lot 10 thence run East 40 feet; thence South 125 feet, thence West 40 feet; thence North 125 feet to the Point of Beginning, all being in Section 16, Township 29 South, Range 16 East. (ANX 2002-07009) 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, cortingent upon and subject to the adoption of Ordinance No. 702502, and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida. Statutes. PASSED ON FIRST READING October 17, 2002 Ordinance No. 7026.02 INS THIS IS NOT A SURVEY U a R/OL H a O m KENTUCKY AVE z w U TENNESSEE AVE CG 0 125 250 5C Feet LV D v m p w ac O CG FUTURE LAND USE PLAN MAP OWNERS: Laureno & Maria Tavares CASE: ANX 2002-07009 SITE: 3145 Downing Street PROPERTY SIZE (ACRES): 0.33 ZONING LAND USE PIN: 16129116122410100010100 FROM: R-3 Residential Urban (RU) TO: LMDR Residential Urban (RU) ATLAS PAGE: 292A SA?1611nymx 04parunrmW D MAnuraatirws.\ Caw Nivi\ AN K71J02•1)70I14 J14S Donming St\I ANJ1 USF MAP Ordinance NO. 7026-02 RLM RU R ORDINANCE NO. 7027.02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DOWNING STREET, APPROXIMATELY 590 FEET EAST OF MCMULLEN BOOTH ROAD AND 570 FEET WEST OF BAYSHORE BOULEVARD, CONSISTING OF LOT 10, DOWNING SUBDIVISION AND A 40-FOOT BY 125-FOOT TRACT ON THE EAST SIDE OF LOT 10, WHOSE POST OFFICE ADDRESS IS 3145 DOWNING STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance Is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore,' BE IT ORDAINED BY THE CITY COMMISSICN OF THE CITY OF CLEARWATER, FLORIDA. Section 1. The following described property located in Pinellas County, Florida, is hereby zoned 'as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Propert y Lot 10, Downing Subdivision, recorded in Plat Book 26, Page 79, Public Records of Pinellas County, Florida, together with the following described parcel: Begin at the Northeast comer of said Lot 10 thence run East 40 feet; thence South 125 feet, thence West 40 feet; thence North 125 feet to the Point of Beginning, all being in Section 16, Township 29 South, Range 16 East. (ANX 2002-07009) Zoning District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7025-02. PASSED ON FIRST READING October 17, 2002 Ordinance No. 7027-02 f' 14 o i1PTt'. i , THIS IS NOT A SURVEY sNr • r IIJS x,,gS>~..? LMDR t , a R R * 3 s - , -K HN'b h2 P a ? C2 ?R3 ^L -DR QC -? L D m P 1A M W P W a m a o w z KENTUCKY AVE LIV DR n ¢ DOWNING ST s A;s pG ?? t• ?? p R 2m J ? TEN SSEE AVE ? t = ) Tarr , ins i .... u, { ter ? 1=+).l 'xr { 4 NS { ?),+ ? ,s,r ? tat ' l??.? ; ? ??s = tau ? txt It I „ E M D R?xr rr?w i'--'--,.. to ? ? 1 ,%yr `•?t07'i x,.xtxt ??t , zfr , C V s ???srasa "' 4 : f t_.. ins rt .0 125 250 500r C C : Feet GULF TO BAY BLVD i , os ZONING MAP OWNERS: Laureno & Maria Tavares CASE: ANK 2002-07009 SITE: 3145 Dawning Street PROPERTY SIZE (ACRES): 0.33 ZONING LAND USE PIN: 16/29116/22410/000/0100 FROM: R-3 Residential Urban (RU) TO; LMDR Residential Urban (RU) ATLAS PAGE: 292A S: t11I40110"g14104frolr W,1)11%Ajim,%A%kwu,%Cawh1jj1 %ANXAX1107009114SlNi„? 1ug%IWAND MI'MAI` Ordinance NO• 7027-02 ORDINANCE NO. 7028-02 AN ORDINANCE OF THE, CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF ELIZABETH AVENUE, APPROXIMATELY 450 FEET NORTH OF GULF-TO-BAY BOULEVARD AND 420 FEET EAST OF DAVID AVENUE, CONSISTING OF THE NORTH 100 FEET OF THE SOUTH 610 FEET OF THE EAST 150 FEET OF THE WEST 980 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST LESS THE WESTERLY 15 FEET, TOGETHER WITH ABUTTING RIGHT-OF-WAY, WHOSE POST OFFICE ADDRESS IS 321 ELIZABETH AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordnance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly North 100 feet of the South 610 feet of the East 150 feet of the West 980 feet of the Southwest quarter of the Northeast quarter of Section 17, Township 29 South, Range 16 East, less the Westerly 15 feet thereof reserved for street, together with abutting right-of-way Pinellas County, Florida. (ANX 2002-07010) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to Include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Cleric shall file certified copies of this ordinance, including the map attached hereto, with the ark of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the. Florida Department of State within 30 days after adoption. PASSED ON FIRST READING October _IZ, 2QOZ Ordinance No. 7028-02 k : i..i .. t MDF3 11 §/R ......... OSIR I MDR _............. ?.r' ? I Ir r r ?..~._ ` ??..f •' ` ? I THIS IS NOT A r [; i 11 rF1? I 1 t SURVEY k _... I ;- ! F o I ?..._. it t l s..: ,. , I I ............i,, 1 I• I! i.. WOR '0 ....z ...-----' j I.i i• %s - H ^ .?} • . uI t+ i?/? rf+ {1,?tM? d a a '.s o MH P Cyr c GULF TO BAY BLVD ,-• ?? 1, •, .?/ c 0 0' ? "'MD R 0 250 600 1,000 -1 ` r' ' t.i \ `••? ( ?5-- H,.,,..,. Feet PROPOSED ANNEXATION OWNER: Nancy Wasilewski CASE: ANX 2002-07010 PROPERTY SIZE (ACRES): 0,31 SITE: 321 Elizabeth Avenue R.OW. SIZE (ACRES): 0.027 m.o.l, ZONING LAND USE PIN: 17129116100000113012400 FROM: A-E (County) Residential Urban (RU) ATLAS PAGE: 291 Q TO: MDR Residential Urban (RU) 5.1Plmnwl Lk?,uuneal ?C i> 61Anwruul M m1Gw hl =at AN1(NMIf.U711(l4 121 LUoJ.1I, M,%mw,c% m p twl. ORDINANCE NO. 7029-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE ? OF ELIZABETH AVENUE, APPROXIMATELY X150 FEET NORTH OF GULF-TO-BAY BOULEVARD AND 420 FEET EAST OF DAVID AVENUE, CONSISTING OF THE NORTH 100 FEET OF THE SOUTH 610 FEET OF THE EAST 150 FEET OF THE WEST 980 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST LESS THE WESTERLY 15 FEET, TOGETHER WITH ABUTTING RIGHT-OF-WAY WHOSE POST OFFICE ADDRESS IS 321 ' ELIZABETH AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER,' AS RESIDENTIAL URBAN; PROVIDING AN EFFECTIVE DATE. Vl 12 WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Pro a Land Use Category North 100 feet of the South 610 feet of the East Residential Urban 150 feet of the West 980 feet of the Southwest quarter of the Northeast quarter of Section 17, Township 29 South, Range 16 East, less the Westerly 15 feet thereof reserved for street, together with abutting right-of-way, Pinellas County, Florida. (ANX 2002-07010) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect Immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 702802, and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.39 89, Florida Statutes. PASSED'ON FIRST READING .,, October 17. 2002 Ordinance No. 7029-02 I I._ = 1. i 11 ?.? I ; i1........_... t 1 '^r w r'v. ...tL.....RW.. !.. I !t Rm [1 RM RIOS INS RM 'V R69- DREW ST ..i f I ' 1 AA •? r I•, ?_ I ! i .......... ....... ..; J THIS 15 HOT A SURVEY g_...........G .• t ...... , _ s ..? ................ j P. 1,1 _ I RLM R/ C Imt a: •? . f-•, ' PJO/R I = m G C CG LU GULF TO BAY BLVD UU .... --...-- -----... ., CG I --- G I. - INS .,,... ?._ • ,• ;•. , INS ? •-- 1 • RH- 0 1 250 500 1100 X3 •'+•• r =' C= `?'?; 1:: -: ' 1 : ! RH k Feet ;. ` ; ; z ' ? -• ••` J ! ?, t r-` ?.? .. • 5,..• .. FUTURE LAND USE PLAN MAP OWNER: Nancy Wasilewski CASE: ANX 2002-07010 PROPERTY SIZE (ACRES): 0.31 SITE: 321 Elizabeth Avenue R.OW. SIZE (ACRES): 0.027 m.0.1. FROM: ZONING LAND USE A-E (County) Residential Urban (RU) PIN: 17/29/16/00000/130/2420 ATLAS PAGE: 291B TO: MDR Residential Urban (RU) %11'lua,nlLk1-4-1 nt%C1) N%AnnrNlWn,\L+KRl+p.?ANX71k1TU7t11UIll 1LnirthAa+11.ANDMIni+1,1--h ORDINANCE NO. 7030-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY. LOCATED ON THE EAST SIDE OF ELIZABETH AVENUE, APPROXIMATELY 450 FEET NORTH OF GULF-TO-BAY BOULEVARD AND 420 FEET EAST OF DAVID AVENUE, CONSISTING OF THE NORTH 100 FEET OF THE SOUTH 610 FEET OF THE EAST 150 FEET OF THE WEST 980 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST' LESS THE WESTERLY 15- FEET, TOGETHER WITH ABUTTING RIGHT=OF-WAY, WHOSE POST OFFICE ADDRESS IS .321 ELIZABETH AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as srt forth in this ordinance is found to'be" reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA.. Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Pry. North 100 feet of the South 610 feet of the East 150 feet of the West 980 feet of the Southwest quarter of the Northeast quarter of Section 17, Township 29 South, Range 16 East, less the Westerly 15 feet thereof reserved for street, together with abutting right-of-way Pinellas County, Florida. (ANX 2002-07010) Zoning District 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 adopion, contingent upon and subject to the adoption of Ordinance No. 7028.02. PASSED ON FIRST READING October 17, 2002 Ordinance No. 7030-02 I .Itq> 1. ... t::; MDR E .............? l?rl? I` I i ....._._.- :..............! IRT I., e ' wD- R,. ?.E r , I.........? .!r f f .. r, l _ C r '? 1 ?? ?''l i y'•i? f / Q / I 0 250 500 1,0 f=eet MDR MHP cc a GULF TO BAY BLVD -, ----------------- R W THIS IS NOT A SURVEY f .! ..i C MH ?=?Cs t--? ZONING MAP OWNER: Nancy Wasilewski CASE: ANX 2002-07010 PROPERTY SIZE (ACRES): 0.31 SITE: 321 Elizabeth Avenue R.O.W SIZE (ACRES): 0.027 m.a.l. ZONING LAND USE PEN: 17129116100000113012400 FROM: A-E (County) Residential Urban (RU) ATLAS PAGE: 291 B TO: MDR Residential Urban (RU) SaF Jpm.iq D.iwhuw1NC 0 UShnnrwlrNU\C+w• A1?pi?AN%7W2 a17glU 111 CLulKth AvcNZ0NINr. m+p p,.h ORDINANCE NO, 7031-02 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 SOUTH SIDE OF TURNER STREET, APPROXIMATELY 270 FEET WEST OF MISSOURI AVENUE, CONSISTING OF LOT 15 AND THE EAST 35.7 FEET OF LOT 16, TURNER STREET GROVES, WHOSE POST OFFICE ADDRESS IS 1161 - 1165 TURNER STREET, FROM RESIDENTIAL HIGH TO COMMERCIAL GENERAL; PROVIDING AN, EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, . and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category Lot 15 and the East 35.7 feet of Lot 16, From: Residential High Turner Street Groves, Plat Book 15, Page 91, Public Records Pinellas County, Florida To: Commercial General (LUZ 2002-07007) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3, This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning' and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use•Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED October 17, 2002 Brian J. Aungst Mayor-Commissioner Approved al t Leslie K. - Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk V,1, / Ordinance No. 7031-02 11'1"1'1iIIIz-M rI'I H1111 11 r z: ¢ r I I; i ,III !i IT1:f11 11 E /R V ? r r r # r s 7R d 1 ? ' I CG 4...i JASMINE WAY p i i i i RH -it- WOW 0 125 250 500 r: r r y' e r -------------- 0100 _ Feet tA?? FUTURE LAND USE PLAN MAP OWNER/S: Orlandi, Inc. CASE: LUZ 2002-07007 : 1161-1165 Turner Street PROPERTY SIZE (ACRES): 0.26 ZONING LAND USE PIN: 15129115192664100010140 M: HDR Residential High (RH) ATLAS PAGE: 296A C Commercial General (CG} R/OG Z T THIS IS NOT A SURVEY s 1 ? r rtv3 BROWNELL-.o5T COURT ST „„ i 5T HI O r r, co u cn CG 7. P .r E ST ,M ne n 7M I L 1' DRUID RD W Q ORDINANCE NO. 7032-02 AN ORDINANCE OF THE CITY' OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF TURNER STREET, APPROXIMATELY 270 FEET WEST OF MISSOURI AVENUE, CONSISTING OF LOT 15 AND THE EAST 35.7 FEET OF LOT 16, TURNER STREET GROVES, WHOSE POST OFFICE ADDRESS IS 1161 - 1165 TURNER STREET, FROM HIGH DENSITY RESIDENTIAL (HDR) TO COMMERCIAL (C); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is, amended as follows: Property Zoning District Lot 15 and the East 35.7 feet of Lot 16, From: High Density Residential (HDR) Turner Street Groves, Plat Book 15, Page 91, Public Records Pinellas County, Florida To: Commercial (C) (LUZ 2002-07007) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7031-02 by the Pinellas County. Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED October 17, 2002 Brian J. Aungst Mayor-Commissioner .Apyoved as to prm. _ S . Leslie K. Dougall-Sid !s Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7032-02 H, , .. . r I N in THIS IS NOT A SURVEY I ! r e s n j PIT III fl]?? U 1110 _ ? s G m u w 11 1 h i ct ra ,n it } 1• ? L * yl1 F '?? ?I' yy T ? ? A! h1 ! DRUID n w >a s g w LL! d vl? RD 0 rr i t C ` P1 4 0 125 250 500 Fleet ZONING MAP OWNER/S: Orlandi, Inc. CASE: LUZ 2002-07007 SITE: 1161-1165 Turner Street PROPERTY SIZE (ACRES): 0.26 ZONING LAND USE PIN: 15129115/92664100010140 FROM: HDR Residential High (RH) ATLAS PAGE: 296A TO: C Commercial General (CG) R i TURNER 5-1 n SA1141114nF prpar„n1v,,1C U 1Nl.arnk k I w Aiurndmrmr Caw h1apALUZ2002-07007 1161.116STURNrA S1'\taningmal, pull Ordinance No. ! 032-02 ORDINANCE NO, 7044-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PUBLIC SERVICE TAX; AMENDING SECTIONS 29.71, 29.72, 29.73, 29.74, 29.75, AND 29.76, CODE OF ORDINANCES TO BRING SAID ORDINANCES INTO COMPLIANCE WITH STATE STATUTES; PROVIDING AN EFFECTIVE DATE WHEREAS, Sections 29.71, 29.721 29.73, 29.74, 29.75, and 29.76, Code of Ordinances, relating to public service tax, needed revision because of changes in state statutes, and WHEREAS, the City Commission finds that these changes in city ordinances are needed to be in compliance with changes in state statutes; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF. CLEARWATER, FLORIDA: Section 1. 'Section 29.71, Code of Ordinances, is amended to read: Sec 29.71. Definitions. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Assess-slur-e-er-gght-ef-acsess; local-telephone-se?avice,-pi4vate-cflmri7unisation- se-uice-teler,ommunicatiori-,sai;4ee;-leletyp&44ter-vr-sor?puter- m,Ghange service-eAd- toll-telephone,servirre4-nea-n-, as-set-fGat;-in-F?--2-03-0a-2 aa&4he-definitions-reay-be- amended- mm-#ime-te-time; hisia-defiinitians-araadapted-apd-insorfaoreted-by- referense: Electronic transfer means the use, by the seller, of the Automated Clearing House (ACH), or other electronic transfer system. approved by the Finance Director, to send the taxes direct) from the seller's bank to the City's bank. Purchase in the city means, with respect to public services subject to the tax levied by section 29.72 except--telecomrnunication-ser-vices; every instance in which the commodity or service is delivered to a purchaser or consumer within the city, regardless of whether the seller maintains its business office within the city or elsewhere. With raspeGt4G teieeommunication-services; #he-terrn.-shall-be-Wnonymous-with4he-term !?pmided4n4he-Gity"and-both4erfn"hall-have-the-mea ning-pr-ovided-by-state4aw: Seller means _a person, firm, corporation, or other legal entity_ who sells a service Ordinance 7044-02 subject to a lev . Tax means the municipal public service tax authorized under §166.231, F.S. Remit, remittance, remitting mean the sending by the seller and receipt by the City of all taxes levied and collected pursuant to Sec 29.72. The date of receipt of such taxes by the City will be the date of postmark or if b electronic transfer, the date received by the City's bank as indicated on the City's bank statement. Section 2. Section 29.72, Code of Ordinances, is amended to read: Sec. 29.72. Levy (1) lAlifies. Public Service Tax. There is levied by the city on every purchase in the city of electricity, metered or bottled gas (natural, liquefied petroleum gas, or manufactured), and water service, a tax of ten percent of the payments received by the seller of the item taxed by this section from the purchaser for the purchase of such service. The tax levied by this subsection shall be collected by the seller of the item subject to this tax from the purchaser at the time of payment for such service. (2) Public Service Tax on Fuel oil. There is hereby further levied by the city a tax on every purchase in the city of fuel oil at the rate of $0.04 per gallon. This tax shall in every case be paid by the purchaser of fuel oil to the seller of fuel oil. The tax levied in this section on fuel oil shall be collected by the seller of fuel oil from the purchaser at the time of payment for such service. The term "fuel oil" as used in this subsection shall include fuel oil grade nos. 1, 2, 3, 4, 5, and 6, kerosene, and coal oil. P}.-T-elesoxnmt?Rka#feRs-services-There-is-levied-by-the-city a-tax-en-eve"ur-Ghase4r4- ttae-City-off . telesemM44Risatien-s w4Ge-that-ar4 mates-afld-ter-minates4n4hir state he-basi&-Gf-billiRgi-address-or-serviGe-address-as-ured- czGRaisteRtltf by the-seller; prodded within- he4ty-vr; +f-t-he-!©sation-cif-the- telesoa3Manisatier?-sePises-pfovided-cannot-be-deterreined ,the-total-amount-billed'©F such-teleGommuniragen-sepAGes-tv-a-telephone-ar-telephoi;e-number-ra- telecommunicatlons-number-sr-devise-or-a-custtamer's-billing-address4ocated-witWr-the- 6ity -ex4uding-publiertelephGne-ehafges-G49ilected?n-site; char-ge&44or-any-foreigfl- exohangerser4iee or-any-pr vate4ine-service-except-when-such-seances-are-used-oF sold-as-a-subst4ute-for-any4elephone-company-switched-sewise-or-dedicated-faG!hty-by- whioh-a4elephGne-company-provides-a-cornMunicatian-path; acser,"harges; and-any- susterner-aer.ess-line-Charges-paid-to-a-local-telephone-sompar4y-However- telewmmunisations-services-as-defined-in-§203-'I-2- -5). F-7S.-as-may-be-amended4r-e }- time-to4irne4orshall-be4axed-oniy-on-the-monthly-recurring-customer--service rharges- exr.luding-variable-usage-charges: 2 Ordinance 7044-02 . L31The_tax_imposed_by_paragraph ,1) shall not be implied against any fuel adjustment charge, _and such charge shall be separately stated on each bill. The term "fuel ad'ustment charge"-means all increases in the cost of utility services to the ultimate consumer resulting from an increase in the cost of fuel to the utility subseguent to October 1, 1973. Section 3. Section 29.73, Code of Ordinances, is.amended to read: Sec 29.73. Payment; collection. It shall be the duty of every seller of electricity, metered or bottled gas (natural or manufactured), water service, or fuel oil Gr4e1eGGMmuniGaVon ser-vice; to collect from' the purchaser, for the use of the city, the tax hereby levied in this article, at the time of collecting the selling price charged for each transaction, and to report and pay over, on or before the 201h day of each calendar month, or quarter if applicable, or if the twentieth day is either a legal holiday or is not a city business day, then on or before the first city business day, that is not also a legal holiday, unto the finance director, all such taxes levied and collected during the preceding calendar month. Any seller of electricity, metered or bottled gas (manufactured or natural), fuel oil, and water service and- teles9mmuRisations-6er-vi6e failing to remit to the City on or before the twentieth (20th) day of each calendar month will be subject to the provisions of Sec. 29.77 paragraph (7). Section 4. Section 29.74, Code of Ordinances, is amended to read: Sec 29.74: Records of service. (1) Each seller of electricity, metered or bottled gas (natural or manufactured), water service, and fuel oil a-nd-Wecemrx?anisatien-sewiee shall keep records showing all sales in the city of such commodities or service, which records shall show the price charged upon each sale, the date thereof, and the date of payment therefor. Duly authorized agents of the city may during the sellers normal business hours at the official location of the seller's books and records, audit the records of any seller of a service that is taxable by the city under §166.231, F.S. or §166.232, F.S. for the purpose of ascertaining the correctness of any return that has been filed or payment that has been made, if the city's power to assess tax or grant a refund is not barred by the applicable limitations period. Each such seller must provide to the city, upon 60 days' written notice, access to applicable records for such service except that extensions of this 60-day period will be granted if reasonably requested by the seller. . (2) Each seller of services that are taxable under § 166.231, F.S. or § 166.232, F.S. shall preserve applicable records relating to such taxes until the expiration of the time within which the city may make an assessment with respect to that tax; however, a seller is not required to retain duplicative or redundant records. The term "applicable Ordinance 7044-02 records" means records kept in the ordinary course of business which establish the collection and remittance of taxes due: Section 5. Section 29.75, Code of Ordinances, is amended to read; Sec 29.75. Computation Period In all cases where the seller of electricity, metered or bottled gas (natural or manufactured), water service or fuel oil orteleGGrnr-nunisattea-seMGe collects the price thereof at monthly periods, the tax hereby levied may be computed on the aggregate amount of sales during such period, provided that the amount of tax to be collected shall be the nearest whole cent to the amount computed. Section'6. Section 29.76, Code of Ordinances, is amended to read; Sec 29.76.Exemptions. (1) The United States of America, the State, and political subdivisions and agencies thereof are hereby exempted from payment of the taxes imposed by section 29.72. Such tax shall not apply to sales of bottled water. (2) There is excluded from the tax levied and imposed pursuant to section 29.72 the following; (a) Purchases of special fuels as defined in.§206.86, F.S.; (b) The purchase of not more than five gallons of fuel oil delivered at the seller's place of business into the purchaser's container of not more than five gallon capacity; (c) The purchase of fuel oil or kerosene for use as an aircraft engine fuel or propellant or for use in internal combustion engines; (d) The purchase of natural gas or fuel oil by a public or private utility, including municipal corporation and rural electric cooperative associations, either for resale or for use as fuel in the generation of electricity; (-he-purrhase-ef4Gsal4elephone-service-©r--ether-teleGOMmunisafions-seRAce- for-use4R the-sendeGt-ef-a-telecornm unisatiens-6ear4ce-fer-hir-e-oFOther-wise4or resale: (q-The-pufGhase-ef ny4tem-otherwise-sub}est-te4#he-tax levied-by-section 9-94-2-' by-any reseg-nmed-&ufsh-in4his-state4or-use-ex4urively-for-&uroh-purposes- aRd-pufchases-made-by ny-feligtsus-instltutior+-tf}a#-possesses-a-GGnsumet- ser sate-ofexemptiea-issued-undef_shaptep442 FF--S: (e) Purchases by any recognized church in this state for use exclusively for church purposes. Section 7. This ordinance shall take effect immediately upon adoption. 4 Ordinance 7044-02 PASSED ON FIRST READING Ocrob'er 1 20 2' ' PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungsk, Mayor-Commissioner. ApproVed as to form: Attest; . , , Pamela 'Akin Cynthia E. Goucleau, City' Clerk City'Att orney . '_ 5 Ordinance 7044-02 ai m to c ?i e 4 E E 't5 z E C 'O d f71 C N 10 L a (L t. s `44 cN7 a m E sn - Ana £ E? l 7 aE E a ic7 ??g ? ofp f?a i ro $ N f} N Vf ? ? ? N ?7 I tq? Q m r M 13 Q CD 0 [a'?7 4h i`! C7 ?' .? 8. d C 1h 1(?? 413 N M YI cl VY 41) 4`I CY ' 9 d Lo E m R n y? c ? yYE? g +t7?i t3?? 7??5.. ,ry1 tD of t 'I to U V W W N y? O ? G O G O O pp O l? oQ tlQ ? ? 1? N Q N N in rn W 0. t y t y ? ' O Q y ? ?NNN C ? ? 4! ? ? r r r N ' C I w tV M ? V try 4p c(h' . i 1 7 n LIa?.]t )7t y'f?l f i sS L 3 J 0 1 5 V Worksession Item #: Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # Meeting Date: 1117102 SUBJECTIRECOMMENDATION: Authorize quarterly payments of interest earnings to the Clearwater Library Foundation, Inc, at the cash pool rate of return on funds received from the Clearwater Library Foundation, Inc. for the new Main Library project in an amount not to exceed $100,000, until such time as all funds contributed for this project from the Foundation are spent, 19 and that the appropriate officials be authorized :o execute same, _ SUMMARY: The Clearwater Library Foundation, Inc. transferred $2,100,000 to the City on September 17, 2002 for. the new Main Library project. These funds will be used toward construction of the new Main Library. Staff will request authorization to expend these funds with Turner Construction at a later date. The Foundation will be making additional transfers as their $5 million capital campaign progresses. With approval of this item, interest earnings from these funds will be paid quarterly to the Clearwater Library Foundation, Inc. with the first payment in January of 2003. Interest earnings will be calculated using the cash pool rate of return. Payment will be made until all funds from the Clearwater Library Foundation, Inc. have been expended on the new Main Library project. The earning of interest on this fund as well as the payment of the interest to the Foundation will result in quarterly budget amendments, increasing interest revenue and increasing project expenses (payment to the Foundation), in order to properly account for these transactions. Reviewed by: Originating Dept: Costs Legal Info Srvc X Library/John Szabo j Total $700,000 Budget Public Works User Dept. Funding Source: Purchasing , x DCMIACM Library Current Cl X FY Risk Mgmt X Other X Attachments OP Other Submitted by: 44 ? None City Manager 9406l A ro riation Code: 315.93523-582000.571-000 Rev. 2198 R Clearwater City Commission Agenda Cover Memorandum Worksession Item Final Agenda Item # ,2 6 Meeting Date: 1117102 SUBJECTIRECOMMENDATION: Approve naming the new North Greenwood Branch Library Community Room for Pastor Mac J. Williams Sr. ® and that the appropriate officials be authorized to execute same. SUMMARY: City policy requires that.the naming of spaces.within City libraries be approved by the City Commission. The Clearwater Library Foundation has conducted a capital campaign for the new North Greenwood Branch Library. Funds continue to be raised through special naming opportunities and a buy-a-brick campaign. The following is a recommendation for naming the meeting room in the new North Greenwood Branch Library based on gifts from several donors in memory of Pastor Mac J. Williams Sr.: The Pastor Mac J. Williams Sr. Community Room (several donors) Additional space naming recommendations may be forthcoming as existing pledges are fulfilled and new donations are made. Reviewed by Legs! Budget x Purchasing X Risk Mgmt X Finance Info Srvc X Public Works X DCMIACM Other X Submitted by, City manager wj &4?? 40 prinlael nn roo-wriail nanwr Originating [3ept: Library/John Szabo User Dept. Library Attachments ? None Costs Total Current FY Funding Source: CI OP Othe r on Code: Raw VQR ?i . Clearwater City Commission Agenda Cover Memorandum Work session Item #: i , Final Agenda Item # Meeting Date: 1117102 SUBJECTIRECOMMENDATION: Approve an agreement with Decade Properties, Inc. d/b/a Clearwater Bay Marina from December 1, 2002 to November 30, 2003, a one (1) year period, for the collection of daily launch fees at Seminole Street Launching Ramps for twenty-five percent (25%) of fees collected. X and that the appropriate officials be authorized to execute same. SUMMARY: On March 15, 2001, Jim Dan, Inc. d/b/a Clearwater Bay Marina sold the business to Decade Properties, Inc. Decade Properties,, Inc. d/b/a Clearwater Bay Marina took over the agreement to sell daily launch . permits for the remainder of the agreement period. The existing five (5) year agreement will end on November 30, 2002. In teturn for collecting the daily launch fees: Clearwater Bay Marina retains twenty-five percent (25%) of money collected. The City receives seventy-five percent (75%) of the daily launch fees and one hundred percent (100%) of all monthly and yearly launch fees sold at City locations. These percentages were approved by the Commission as part of the Marine and Aviation Business Plan. The agreement is available- in the Official Records and Legislative Services Department for review. Reviewed by: Originating Dept.: Costs Legal , Info Srvc NIA Marine & Aviation ([sill Morris) Tota1 NIA Budget Public Works N User Dept.: Funding Source: Purchasing N/A DCM/ACM Marine & Aviation (Bill Morris) Current FY NIA Cl Risk Mgmt NIA Other Attachments OP Other Submitted by ' A City Manager &? ? None Appropriation Code: _ Printed on reevcted naDer /-/ 1(2 cz AGREEMENT The CITY OF CLEARWATER, a Florida municipality, hereinafter called "City", and Decade Properties, Inc. d/b/a "Clearwater Bay Marina", whose address is 900 North Osceola Avenue, Clearwater, Florida, state the following: 1. The City has improved the area known as the Seminole Street Launching Ramps and, in order to defray the cost of the improvements and provide funds for future maintenance, will charge a launch fee as described herein. 2. Clearwater Bay Marina owns property adjacent to the Seminole Street Launching Ramps, whereon it operates a facility known as the "Little Boat House", which offers bait, tackle, supplies and other services to boaters. The principal public access to the "Little Boat House" facility is from the Seminole Street Launching Ramps and Clearwater Bay Marina desires that the public access be continued. 3. The City is interested in having Clearwater Bay Marina collect daily launch fees only and Clearwater Bay Marina is agreeable to collecting'said fees on behalf of the City. 4. The City desires that a concession facility offering bait and tackle, boat supplies and similar items, public restrooms and services be operated on or adjacent to the said Seminole Street Launching Ramps for the convenience of the public. NOW, THEREFORE, in consideration of the mutual benefits to be achieved, the parties agree as follows: A. The term of the agreement shall be for a one year (1) period commencing on December 1, 2002, and ending on November 30, 2003. B. The launch fee shall be that amount established by the city as a charge for the launching of watercraft, the parking of vehicles and trailers, or both, at the launch ramp facility. The launch fee may. be amended by the City at the City's option during the term of the agreement. C. Clearwater Bay Marina shall collect daily launch fees in the manner specified by the City and shall account for collected fees utilizing forms provided by the City. Seventy five percent (75%) of all collected fees shall be remitted to the City on a weekly basis and twenty five percent (25%) of the collected fees may be retained by Clearwater Bay Marina as a collection fee. The City will retain 100% of launch fees sold at City locations. All collection records shall be subject to inspection by the City during the normal business hours of the City in the offices of Clearwater Bay Marina or the City. D. Clearwater Bay Marina shall operate the concession facility and collect launch fees from 6:00 AM to sunset each day during each and every day of the year except Christmas Day, weather permitting. The City Harbormasters' Decade Properties, Inc, d/b/a Clearwater Bay Marina s r approval shall be required at any time the concession is not operated and launch fees are not collected due to adverse weather conditions. 1. E. . Clearwater Bay Marina shall maintain and operate the concession and restroom facilities in a neat, clean and orderly condition during the term of this agreement and to charge no fee for use of the restrooms. The City agrees not to operate or permit to be operated similar or competitive concession facilities on the Seminole Street Launching Ramp property during the term of this agreement. i F. Clearwater Bay Marina, in the operation of its facility, shall not be deemed to be an agent of the City except for the limited purpose of collecting the launch fees as provided herein. G. Clearwater Bay Marina shall be responsible for compliance with the Americans with Disabilities Act (ADA) when selling launch fees by installing a buzzer, with sign, which will allow a Clearwater Bay Marina employee to assist a disabled person at the entrance to the "Little Boat House". H. This agreement may be terminated by either party upon sixty (60) days notice. IN WITNESS WHEREOF, the parties hereto have set their hands and seal this of 2002. Countersigned:, Brian J. Aungst Mayor-Commissioner Approved as to form: nt City Attorney Decade Properties, Inc. d/b/a Clearwater Bay. Marina CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: Cynthia E. Goudeau City Clerk Decade Properties, Inc. By: "D n Harrill, Manager 2 Worksession item #: 4 Clearwater City Commission Agenda Covcr Memorandum Final Agenda Item # Meeling Dale: 1117102 SUBJECTIRECOMMENDATION: Accept Clearwater Cultural Plan, November 2002 and direct staff to commence with implementation of the plan pending an ordinance or budget items, which will be brought back to the Commission at the appropriate time, © and that the appropriate officials be authorized to execute same. SUMMARY: • The Clearwater Arts Foundation was created and provided $50,000 in funding by the City to strengthen the City's relationship with the arts in 1999. • The Clearwater Arts Foundation, working with many community stakeholders, has developed a plan to "create a climate where the amts and Clearwater thrive". • . A part, of the plan included specific goals and objectives Including: o Local Cultural Development o Art in public places and the look of the City o Visual, Performing, and Literary Arts o Artist-friendly City where artists prosper, o Lifelong learning in and through the arts o' Economic development Margo Walbolt, Recreation Coordinator for the City's Parks and Recreation Department who.was assigned by the City to facilitate this project, will present an overview of the plan to the Commission. Reviewed by: Originating Dept: Costs Legal NIA Info Srvc NIA Parks & Recreation Dept. T a1 NIA Budget NIA Public Works NIA Kevin Dunbar, Director Funding Source: Purchasing NIA DCMIACM s°r Dept, Current FY NIA CI Risk Mgmt NIA Other Parks & Recreation De . OP Attachments: Other Submitted by: • 13 City manager None A ro riation Code: None Printed on recvcled oanor Rev. 2198 t• 5 ' Clearwater Cultural Plan d 41r X010 Clearwater Clearwater Cultural Plan I 0444 IWO-yam U4+- Arts and culture are critical to Clearwater's livability and prosperity Through this plan we will create a climate where arts and culture will thrive Flourishing performing, visual and literary arts lifelong access to arts education Arts are part of downtown, waterfront, and neighborhood development Vzl;,? History & heritage are valued Beaches & other landscapes protected Arts'& culture supported by public and private agencies The arts help celebrate Clearwater's diversity Public art is widespread in the city Well designed '.' buildings, roads & signs Artists live and work here 2 What is Cultural Planning? Identify needs, resources, opportunities Plan actions Secure resources .*Festivals & celebrations •Cultural facilities -Libraries & literary arts •Public art, design, took of the community *History & heritage -Cultural tourism What do we mean by culture? • Nonprofit visual & performing arts • Galleries, bookstores, films, video • Artists • Arts education Planning Methods. Ten-month project concluding October 2002 061 Community leaders 0Over 1,000 citizens 3 Our Process • Get organized Conduct assessment • Develop goals • Write plan • Approve & publish plan • Implement plan Our survey said ... our strengths are: We talked with the Community ¦ Interviews & Focus groups 480+ people ¦ Surveys 477 responses ¦ 61 Meetings Our survey said ... ... our strengths are: Performances 'e Clearwater Public Library •:' Community arts groups V Individual artists 'e' Proximity to Yampa Bay 4 Our survey said... ...what's missing is: -Wil •.' Visual arts :.,. ? Art museum ***.More arts education •°+• More public art V Downtown & neighborhood cultural activity Stimulate local cultural development 0 Six Key Issues • , Coordination O Public Art and Design Visual Arts • Artist-friendly City • Arts Education Stimulate local cultural development • Promote communication T"- and coordination of • Public Private partnership • City Cultural Affairs o Division o Clearwater Arts Foundation Implement plan 5 . i If M .1 R" Create a Public Art & Design Program • Public Art Ordinance for (v public & private capital J development • Define special places with 0 public art *Art & good design in buildings, streetscapes, public places • Value heritage Enhance participation in the arts ' Create a downtown arts C'7 district • Develop a multipurpose cultural center O Y Encourage under-represented rat presenters of repertory v theater, dance, music & film • Help cultural organizations to market their product Establish Clearwater as artist-friendly city • Encourage artists to live ,& d' work in Clearwater. .J • Increase visibility of artists • Support regional artists 0 through purchase of their services, programs & performances • Provide information & training to artists Promote lifelong learning in and through the arts' • Strong arts education in the LCD public schools J " City, schools, artists $ O organization collaborations • Celebrate cultural diversity • Arts education accessible to all 7 Economic development through the ARTS • Develop cultural destinations for downtown revitalization Q • Create vibrant public spaces {,? • Fend cultural initiatives that create economic development ?I • What's needed ?Coordination of the arts ?Public art program ?City percent for art ordinance for public and private capital projects ?Revitalize through the arts Next steps • City Commission endorses Clearwater Cultural Plan • incorporate in City's Comprehensive Plan • Establish Cultural Affairs Division within Parks & Recreation • Draft public art ordinance =1 Im Iiiiial III! 8 1 I ? ? l 1 ' I err . I. Page i of 1 o? Brink Carolyn From: Elizabeth France (ea45054®earthllnk.net1 Sent: Thursday, November 07, 2002 3.27 PM To: ClWCItyComm; City Manager; Asst.City Mgr,; Asst. City Cc-.. Walbolt, Margo Subject; Cultural arts The cultural arts contribute positively to the quality of life. We urge you to accept and support the comprehensive cultural arts plan for Clearwater as presented by the Clearwater Arts! Foundation. The arts bring out the best in people', benefiting the community of people and the city itself. i As far as Clearwater not having a museum of its own, we should purchase the Calvary Baptist property. E Float a bond or do whatever is necessary. Land is nmr, per than it is_todav._ A few months ago I f was in St: Louis; which has a great deal of public land open of the river front. People migrated to this park. The residents of Clearwater and its tourists need attractive parkland and selective development to bring them all the way down Cleveland Street. Open land is dwindling nationwide, and people crave parklands.' A museum and/or a cultural arts center, beautiful parkland, careful commercial development, and an attractive parking garage could all be had in the extensive property now owned by Calvary Baptist downtown. We think that this would bring more people downtown. ..(I have another meeting tonight, but I just wanted to add my feelings on the topic at hand.) Thanks for "listening,' Elizabeth and John France 1629 Cleveland Street Clearwater, FL 33755-6102 j 5 ' t • 1 1 in12002 r 7 -?K Clearwater City Commission Worisessian Item Ri: G Agenda Cover MeniorandllllI Hnal Agenda Item II Meeting Bate: 1117102 SUBJECT/RECOMMENDATION: Accept third year grant funding and approve the corresponding agreement from the Juvenile Welfare Board totaling $61,914 for 100%4 funding of two teen programs, © and that the appropriate officials be authorized to c\ccutc same. SUMMARY: • The City of Clearwater Parks and Recreation Department has been awarded $61,914 as third year funding of a three-year grant from the Juvenile Welfare Board. Commission approval is required for each subsequent year of the grant. • Clearwater Parks and Recreation "Charting a Course for Youth" program was developed in 2000 to nurture teenagers at the Clearwater neighborhoods in which teens need the most direction. The program leaders have developed a safe haven for community teens and pre teens ages 12-18; a space that they can call their own at Ross Norton Recreation Complex and Joe DiMaggio Sports Complex. • To maintain interest and to keep children active in the program, the actual program format, program specifics, and times are developed by the teen groups. Program activities include community service;. vol unteer activities; sports and games; cultural, performing, and visual arts; field trips; and educational programs such as prevention of HIMIDS, teen pregnancy, and drug abuse. Each facility has a room that has-been completely dedicated to teens and teen programming equipped with lounge furniture, computers, and video games. • Similar to FY 01-02 the grant will cover 100% of the program that is currently hosted at the Ross Norton and Joe DiMaggio Complexes including one full time Recreation Leader at each facility. The full time Recreation Leader positions were funded in FY 01-02 and will continue to be funded by this grant.. • No matching funds are required. There is no requirement to continue the program when the grant ends. • The following special project numbers have been established for accounting purposes- 181-99821 - Juvenile Welfare Board/Joe DiMaggio Sports Complex Teens 2001 181-99822- Juvenile Welfare Board/Ross Norton Complex Teens 2001 • A copy of the agreement is available for review in the City Clerk Department. Reviewed by.,/,)(/ Originating Dept: Costs Legal , Into Srvc NIA Parks & Recreation Dept. Total 61,914 Budget Public Works Kevin Dunbar, Director ' ?F Funding Source: Purchasing t k M DCMIACM User Dept. Current FY 61,914 Cl Ris gm Other Parks & Recreation De t OP Attachments: Other Grant Submitted by, A6 0 None City Managor 44.0-&- Appropriation Code: see above Printed on reewled saner Rev. 2196 pe?' AGREEMENT Between THE JUVENILE WELFARE BOARD And City of Clearwater, Florida Parks and Recreation Department (Charting the Course for Youth) i 1. PURPOSE The Juvenile Welfare Board of Pinellas County, a Pinellas County special taxing district, whose address Is 6698 - 68th Avenue North, Pinellas Park, Florida 33781, hereinafter referred to as "JWB", and the City of Clearwater, Florida, a municipal corporation of Florida, whose address Is Post Office Box 4748, Clearwater, Florida 33758-4748, hereinafter referred to as "Provider", enter into this mutual Agreement, including all attachments referred to herein, for the period commencing October 1, 2002 and extending through September 30, 2003. The parties to this contract each in consideration of the undertakings, promises and agreement on the part of the other herein contained, do hereby undertake, promise and agree as follows: II.. STAFF Provider agrees to employ staff, at Its expense, to execute services provided in accordance with this Agreement. Such individuals shall not be considered employees of JWB or the County of Pinellas, and are subject to the supervision, personnel practices and policies of the provider. Unless otherwise approved by JWB, all staff shall meet qualifications as stated in the application and any approved revisions, which are submitted for fiscal year 02-03 funding. Iii. SERVICES Provider agrees to deliver services as stated in the currently approved program methodology on file at JWB and to accomplish objectives stated in Attachment 2 In accordance with recognized child welfare practices, as determined by JWB, in service areas stated in Attachment 3, and pursuant to the General Conditions listed in Attachment 1, and any special conditions as stated in Section Vill of this Agreement. IV. FUNDS The budget for both JWB and other funds (if any) for accomplishing the above stated services shall be as set forth in Attachment 4. JWB agrees to reimburse up to $61,914 for Charting the Course for Youth for actual costs Incurred for services rendered pursuant to this Agreement. V. METHOD OF PAYMENT 1. JWB issues reimbursements In accordance with the schedule listed on Attachment 5 (or on the preceding working day in case of a holiday). The Provider may select to submit a request for payment every other week or once a month. Request for payment must be accompanied by the appropriate documentation as prescribed by JWB. 2. Requests for advance funds may be made, consistent with JWB policy. Agency: City of Clearwafor Pago t of 3 9124102 Section {, Vi. TERMINATION 1. It is the intent of the JWB to assure a consistent and orderly delivery of children's services. It is the further intent of JWB to terminate Agreements only i n those s ituations where s uch action is essential to protection of Its Interests and the Interests of children, as determined by JWB. 2. Except as provided In subparagraphs 3 and 4 below, either party upon no less than thirty (30) days notice may terminate this Agreement. Said notice shall be delivered by certified mail, return receipt requested, or In person with proof of delivery. 3. In the event funds to finance this Agreement become unavailable, JWB may terminate the contract upon no less than twenty-four (24) hours notice in writing to the Provider. Said noticd shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. . JWB shall endeavor, whenever possible and consistent with Its legal obligations and principles of prudent management, to.provide 30 days notice for Termination for Lack of Funds. JWB shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. 4. In addition to the rights as set forth In paragraph VI., 2 above, this Agreement may be terminated by JWB for any breach by Provider of the terms of this Agreement, including all attachments, upon twenty-four (24) hours written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. JWB at its discretion may waive any, breach by the Provider in writing, but'such waiver shall not constitute a waiver of any future breaches, including breaches of the same type. 5. The above provisions shall not limit the Parties right to remedies at law or to damages Vil. COMMENCEMENT OF PAYMENT Unless specifically authorized by JWB, payment for services rendered under this Agreement shall not commence prior to its effective date. Vill. SPECIAL CONDITIONS The following condition(s) apply to all listed programs within City of Clearwater. 1 . General Condition #3 (Audit and Management Letter) Is waived. 2. General Condition #6 (Board Members and Meetings) is waived, Agency: City of Cloarwator Pago 2 of 3 9124102 section i 4 IX INDEMNIFICATION The Parties recognize and agree to abide by the provisions of §768.28, Fla. Stat. IN WITNESS WHEREOF, the parties hereto have set their hands and seal this day of -2001. Signed, sealed and delivered JUVENILE WELFARE BOARD OF In the presence of. PINELLAS COUNTY Witness Signature Executive Director Print Name: Print Name: Witness Signature DATE Print Name: IN WITNESS WHEREOF, the parties hereto have set their hands and seal this day of , 2009. Countersigned:. CITY OF CLEARWATER, FLORIDA By: Brian J. Aungst William B. Horne, II Mayor-Commissioner City Manager Approved as to form: Attest: ' uff"' 'iv-v.( ,%n ,s- iaw Cynthia E. Goudeau A sis nt City Attorney . City Clerk Agency: City of Clearwater Page.3 of 3 9124102 . Section ATTACHMENT 1 GENERAL CONDITIONS OF THE AGREEMENT 1. A reement Revisions This Agreement, and attachments 1 through 4, constitute the contractual relationship between the Provider and JWB. No amendments to this Agreement or Its attachments may be made without the prior written approval of JWB and Provider, except as may be provided In General Condition #4. 2. Fiscal Res onsibili - Provider agrees: A. To maintain books, records and documents In accordance with generally accepted accounting procedures and practices which accurately and appropriately reflect all expenditures of funds listed in Attachment 4. B. That all financial records and supporting documentation shall be subject at all times to Inspection, review, or audit by JWB personnel or its duly authorized agent, . C. To maintain and file with JWB In a timely fashion reports related to services provided under this Agreement. D. To retain all financial records, supporting documentation, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, all records shall be retained until resolution of audit findings. 3. Audit and Management Letter Within 120 days of the close of its fiscal year, Provider agrees to submit to JWB a certified independent fiscal audit of all its corporate activities and any accompanying management letter(s). This audit shall be conducted consistent with American Institute of Certified Public Accountants (AICPA) Standards for Non Profit Organizations or other mutually agreed upon standard. The audit will separately identify JWB revenues, fees and donations, and expenditures by program. 4. Other Financial Support A. Within 30 days of the effective date of this Agreement, and at any subsequent time as a revision In the budget may be reasonably anticipated, Provider will submit to JWB for its approval a revised budget which again includes all resources to be applied to the program funded under this Agreement. A written justification will be made of any difference in the proposed budget revision and the approved budget. Statements which reflect reductions In excess of 5% of total program funding or $5,000, whichever is least, as reflected In the approved budget, or reduction in any amount which in the judgment of JWB would significantly interfere with Implementation of the program as originally approved, may be grounds for breach of Agreement, B. Provider will report any request to any other source for financial support relating to this program for this fiscal year; and report any other financial support received which amounts to 10% of the total program cost or $5,000, whichever Is least, and an explanation of how such additional funds will be used. A full copy of requests or applications for other financial support will be provided if requested by JWB. C. JWB funds will not be used for expenditures also funded by other sources. D. Generally, JWB encourages use of Its funds as financial match for securing funds from other sources. However, in such instances Provider is required to obtain prior approval from JWB. Agency: City of Clearwater Pago 1 of 3 0811310210:45:43 AM Section 11 5. Pro ram Monitoring Provider agrees to submit progress reports and other Information'in such format and at such times as may be prescribed by JWB, and to cooperate In site visits and other on-site monitoring (including, but not limited to, access to sites, staff, fiscal and client records, and logs and the provision of related Information). 6. Board Members and Meetings Within 30 days of the effective date of this Agreement, Provider will submit to JWB a calendar of scheduled Board meetings for the current fiscal year. Approved Hoard minutes and an updated list of Board Members shall be submitted in accordance with JWB policy. 7., Nondiscrimination Programs receiving funding from the Juvenile Welfare Board shall not discriminate against an employee, volunteer, or participant of the provider on the basis of race, color, gender, religion, national origin, citizenship, disability, marital status, or age except that programs may target services for specific participant groups as defined in the application. Additionally, agencies receiving funds shall demonstrate the standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, and ethnic backgrounds. 8. Publicizing of JWB Support Provider agrees to identify JWB support on its letterhead, agency newsletter, and other printed materials, and to utilize every reasonable opportunity to publicize the support received from JWB. 9. Publications Provider agrees to supply JWB, without charge, up to three (3) copies of any publication developed in connection with Implementation of programs addressed by this Agreement. Such publications will state that the program is supported by JWB. Provider agrees that JWB will have unlimited use of copyrighted materials developed under this Agreement. 10. Assionments and Subcontracts Provider shall not assign the responsibility of this Agreement to another party nor subcontract for any of the work contemplated under this Agreement, unless so specified in Attachment 4, without prior written approval of JWB. No such approval by JWB of any assignment or subcontract shall be deemed In any event or in any manner to provide for the incurrence of any obligation by JWB in addilon to the total dollar amount stated in this Agreement. All such assignments or subcontracts shall be subject to the conditions of this Agreement and to any conditions of approval that JWB shall deem necessary. 11. Confidential Information Provider shall not use or disclose any information which specifically Identifies a recipient of services under this Agreement, with the following exceptions: a) such Information may be revealed as may be necessary to implement General Conditions 2 and 5; b) such Information may be revealed as may be necessary pursuant to applicable federal, state, or local law and related regulations; and c) such information may be revealed with the written consent of the recipient, or the recipient's responsible parent or guardian, where authorized by law. 12. Return of Funds Provider agrees to return to JWB any overpayment due to unearned funds or funds disallowed pursuant to the terms of this Agreement that were disbursed to Provider by JWB, and such funds shall be considered JWB funds and shall be refunded to JWB In accordance with its instructions. Agency: City of Clearwator Pago 2 Of 3 09113!0210:45:43 AM 5octlon 11 13. S eclat Situat€ons Provider agrees to inform JWB in a timely manner of any circumstances or events which may reasonably be considered to jeopardize Its capability to continue to meet Its obligations under the terms of this Agreement, 14. Provider Staff Membership on Board Provider agrees that provider staff shall not serve as members of the Provider's governing board, 15. Measurable Oblectives A. , Measurable objectives, objective levels and minimum service levels will be negotiated during the first sixty days of the fiscal year and will be retroactive to October 1 st. The measurable objectives, objective levels and minimum service levels of the previous fiscal year shall apply until they are renegotiated, B. In Instances when measurable objectives, objective levels and minimum service levels cannot be mutually renegotiated between JWB and the provider, the matter will be referred to the Executive Director of the Juvenile Welfare Board for resolution with the agency. If resolution is-not reached at this level the. matter will be•presented to the Juvenile Welfare Board at their January meeting for further action. j 16. Waiver JWB reserves the right to waive requirements of the above stated Agreement and General Conditions where' warranted by'special circumstances. • y Agency:' City of Clearwater Page 3 Of 3 0911310210:45:43 AM Section II ?i?iSY.v'4:?"r;+l.lih.i4aM?, 'r'sr.?,. ... ,.. ____-- __ ._ ... .. ._ __-__-_--_--_____----`•- ? , i " ATTACHMENT'3 GEOGRAPHICAL SERVICE AREA ' ' • Provider.agrees whenever possible to maintain service sites which are accessible by public transportation and convenient to the target client group. Provider will advise JWB of any changes made In service sites. The geographical service area for this agreement Is as follows: Program Name Service will be Services will be provided less provided than countywide. Service will, countywide be provided In the following zip codes (list all zip codes of the target area) ' Charting the Course for Youth 33756, 33765 Agency:. City of Clearwater Page 1' Of 1 09113102 10:45:43 AM i Section IV } ATTACHMENT 4 BUDGET(S) The provider will deliver services according to the budget(s) following this page. Revised budgets should be submitted by the provider in accordance with the provision of General Condition 4A as found in'Attachment 1 of this agreement. Provider may make budget amendments during the fiscal year in accordance with JWB forms and procedures as delineated in the budget amendment approval guidelines established on 7119/00. Copies of these guidelines are available from JWB upon request. In many instances, budget amendments require the approval of JWB staff, However, there are instances when providers may amend the budget and then notify the contract manager. In such instances, the following guidelines apply: A. Funded programs shall make adjustments in accordance with forms and procedures as established by JWB staff, B. A change in an individual position salary or fringe expenditure shall be considered as separate line items. The program may make transfers between individual salary and fringe lines, but such transfers may not exceed 10% of individual salary and may not exceed the aggregate amount of approved salary and fringe. C. The program may make transfers between operating expense line items of the JWB Allocation not exceeding $1,500 (except Administrative Cost) per line item, and not exceeding $3,000 In aggregate per amendment. D. In accordance with the budget amendment approval guidelines, the program may only amend the budget twice per contract year without JWB approval. Additional budget amendment requests will require the approval of the JWB as per the guidelines. E. Any adjustments made by funded agencies which are not in accordance with JWB policy shall be . subject to reimbursement of JWB at the discretion of JWB. No adjustment may be made after the budget amendment closing date In September. Reimbursement on per diem contracts may not exceed one-fourth of the total annual JWB allocation in any quarter of the fiscal year without prior JWB approval. Any unused per diem in one quarter may be carried over to a subsequent quarter within the fiscal year given adequate justification and with the prior approval of JWB. Agency: City of Clearwater Page 1 Of 1 09113/0210:45:43 AM Section V FORM 2 CHARTING THE COURSE FOR YOUTH CURRENT & PROPOSED OPERATING BUDGET (ROUND NUMBERS UP TO THE NEAREST DOLLAR) (1) (2) (3) (4) (5) (6) AGGT# TITLE 01-02 02-03 01-02 02-03 PROG. PROG. % JWB JWB % BURG. BURG. CHG. ALLOC. ALLOC. CHG. Salary Accounts: 569.120 Regular Salaries and Wages $64,635 $68,338 6%, $34,012 $37,715 11% Total Salary : $64,635 $68,338 6% $34,012 $37,715 11% Fringo Accounts: 569.210 FICA $768 $991 29% $494 $547 11% 569.220 RetirementContrihutions $4,524 $4,784 6% $2,380 $2,640 11% 569.230 Life and Health Insurance $11,768 $13,349 13% $7,620 $9,201 21% 569,240. Workers Compensation $1,756 $1,756 0% $1,140 $1,140 0% 569.250 Unemployment Compensation $0 s0 0% T$o $0 0% Total Fringa : $18,816 $20,880 11% $11,634 $13,528 16% Oporating Expenso Accounts: 569.310 Professional Services $5,100 $2,100 -59% $5,100 $2,100 -59% 569.311 Professional Services/Workshops $0 $0 0% s0 $0 0% 569.320 Accounting and Auditing $0 $0 0% $0 50 0% 569.321 Bank Services $0 $0 0% $0 $0 0% 569.330 Court/Legal Services $0 $0 0% $0 $0 o% 569.340 Other Contractual Services s0 $0 0% $0 $0 0% 569.350 Investigations $0 $0 0% $0 $0 0% 569.400 Travel and Per Diem $0 $0 0% s0 $0 00% 569.401 Conference $0 $0 0% $0 $0 0°Jo Agency: City of Cloarwater Page 1 Of 3 09124/0210:51:39 AM Section VI ACCT# TITLE (1) 01-02 PROD. BUDG. (2) 02-03 PROG. BURG. (3) % CHG. (4) 01-02 JWB ALLOC. (5) (6) 02-03 JWB % ALLOC. CHG. 569,402 Transportation $800 $400 -50% $600 $400 -50% 569.410 Communications-Telephone $0 $0 0% $0 $0 0% 569.411 Communications-Long Distance $0 $0 0% $0 $0 0%, 569.412 Communications-Postage and Shlpping $0 $0 0% $0 $0 0% 569.413 Communication-Intemet $0 $0 0% $0 $0 0% 569.430 Utility Services $0 $0 0% $0 $0 0% 569.431 Water/Sower/Sanitation $0 $0 0% $0 $0 0% 569.440 Rentals & Leases (Building & Land) $0 $0 0% $0 $0 0% 569.441 Rentals & Leases - Equipment $0 $0 0% $0 $0 0% 569.450 Insurance $0 $0 0% $0 $0 0% 569.460 Repair & Maintenance Services - Equipment $0 $0 0% $0 $0 0% 569.461 Repair & Maintenance Services - Property $0 $0 0% $0 $0 0% 569,462 Repair & Maintenance Services - Grounds $0 $0 0% $0 $0 0% 569.463 Vehicle Repair and Maintenance Services $0 $0 0% $0 $0 0% 569.470 Printing & Binding $0 $0 0% $0 $0 0% 569.471 Copying & Binding $0 $0 0% $0 $0 0% 569.480 Promotional Activities $0 $0 0% $0 $0 0% 569.481 Advertising $0 $0 0% $0 $0 0% 569.493 Match $Q $0 0% $0 $0 0% 569.494 Administrative Cost $0 $0 0% $0 $0 0% 569.495 Residential Per Diem $0 50 0% $0 $0 0% 569.496 Day Program Per Diem $0 $0 0% $0 $0 0% Agency: City of Clearwater Page 2 Of 3 09124/0210:51:39 AM Section VI ACCT# TITLE (1) 01.02 FROG. BUDG. (2) 02-03 PROG. BUD G. (3) % CHG. (4) 01.02 JWB ALLOC. (5) 02-03 JWB ALLOC. .(6) % CHG. 569.497 Day Program Subsidy so $0 0% SG $0 0% 569.498 Day Program Hourly Unit Cost 50 SO 0°I° SO 11 $0 0%. 569.510 Office Supplies $197 $197 0% $197 $197 0% 569.515 Participant Expenses 50 $0 0% $0 $0 0% 569.520 Operating Supplies $7,127 $6,084 -15% $7,127 S6,084 -15% 569.521 Food & Nutrition $1,650 $1.650 0% $1,650 51.650 0% 569.540 Subscriptions $180 $240 33% $180 $240 33% 569.541 ' Books $0 $0 0% $0 $0 0% 569.542 Dues & Memberships $0 $0 0% $0 $0 0% 569.543 Educational Materials $0 $0 0% $0 $0 0% 569.544 Educational Training $D SO 0% $0 $0 0% 569.590 Depredation $0 SO 0% $0 $0 0% 569.600 Other/Miscellaneous $0 $0 0% $0 $0 0% 569.640 Machinery & Equipment (Capital Outlay) 50 $0 0% $0 $0 0% 669.660 Books, Publications, and Library Materials (Capital) $0 $0 0% $0 $0 • 0% Total Operating Expense Total Program Expenses: $15,054 $10,671 -29% $98,505 $99,889 1% $15,054 $10,671 -29% $60,700 $61,914 2% Agency: City of Clearwater Page 3 Of 3 Section VI 0 9124102 10:51:39 AM FORM 3 CHARTING THE COURSE FOR YOUTH SALARY AND FRINGE PREPARATION FISCAL YEAR 02.03 Supervisor Miller 30% $37,888 $'11,366 $2,293 $0 $0 0100% Supervisor Atherholt 5% $36,302 51,815 $375 $0 $0 Recreation Leader T. Catio 10090 520,66T $20,667 S6,935 $20,667 56,935 100.00% ----------- L Recreation Leader D. Thompson 100% $17,048 $17,048 $6,593 $17,048 $6,593 100,00% Recreation Leader Menchaca 50% $21,290 $10,645 $3,089 $0 $0 7 Programmer Lewis 20% 527,125 55,425 $1,335 54 $0 0.00°? Program Coordinator LaTerza 2% $48,645 $973 $181 $0 $0 Program Coordinator, Clayton 1% 539,948 5399 $79 $4 $0 O.CO% Gross Salary In Fringe In JWS Roquost JWB Request Salary- Position Employee % Time Salary Program Program' For Salary For Fringe Funding % 02-03 02-03 02-03 02.03 02.03 TOTALS $248,913 $68,338 $20,880 537,715 $13,528 55.19% Agency: City of Clearwater Page 1 Of 1 0912410210:51:39 AM Suction VII FORM 4 CHARTING THE COURSE FOR YOUTH SALARY AND FRINGE PREPARATION NARRATIVE FISCAL YEAR 02-03 DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.120 Regular Salaries and 0 911 612 0 0 2 $68,338 6% Wages Budget includes in-kind support of Coordinators, Supervisors, and Programmers. JWB provides 100% support for Recreation Leaders, 569.210 FICA 0 912 412 0 0 2 $991 29% Municipal employees with a pension plan hired before 1986 do not pay FICA, those hired after 1986 only pay FICA-Mad at 1.45 percent of annual salary. $68,336 x .0145 = $991 569.220 Retirement 0911612002 $4,784 6% Contributions City pension plan Is calculated at 7% of annual salary. $66,338 x.07 = 54784. 569.230 Life and Health . 09/1612002 $13,349 13% Insurance Full time employees receive medical Insurance at no cost to the employee; employer's cost Is set by bid, FY 02/03=44,400. Croup Life Insurance Is $11 annually and additional life insurance Is 1% of employee's base salary. 569.240 Workers Compensation 0 911 6120 02 $1,756 0% The City of Clearwater pays $570 per full time employee for Worker's Compensation. Persentage of total salaries approximately 2.569%. 569.250 Unemployment $0 0% Compensation Agency: City of Clearwater Page 1 Of 5 Section Vlll 0 9124102 10.61:39 AM DERIVATION OF FIGURES AND LIME ITEMS PERCENT JUSTIFICATION OF - AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED OPERATING EXPENSE BUDGET NARRATIVE 569,310 Professional Services 09/1012002 $2,100 -59% Ross Norton Instructors Pottery-$20/hr x 25 hr = $500 Drumming-$20/hr x 25 hr = $500 Cooking-520/hr x 15 hr = $300 Facial care-$200 Joe DlMagglo Instructors Art-$201hr x 20 hrs = $400 Teen Development-$201hr x 10hrs $200 ' 569.311 ' Professional ServiceslWorkshops $0 0% 569.320 Accounting and Auditing $0 0% 569.321 Bank Services $0 0°/u 569.330 Court/Legal Services $0 0% 569.340 Other Contractual Services $0 0% 569.350 Investigations SO 0% 569.400 Travel and Per Diem $0 0% 569.401 Conference $0 0% 569.402 Transportation 09/10/2002 $400 -50% Joe DiMagglo 4 Van Trips Q $100 per trip 569.410 Communications-Teleph $0 0% one 569.411 Communicatlons-Long $0 0% Distance 569.412 Communications-Postag $0 0% e and Shipping Agency: City of Clearwater Page 2 Of 5 09/24/0210:51.39 AM Section Vlll DERIVATION OF FIGURES AND LINE ITEMS PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASEIDECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.413 Communication-Internet $0 0% 569.430 Utility Services $0 0% 569.431 WaterlSewer/Sanitatlon SO 0% 569.440 Rentals & teases (Building & Land) $0 0% 569.441 Rentals & Leases - Equipment $0 0% 569.450 Insurance 50 0% 569:460 Repair & Maintenance Services - Equipment so 0% 569.461 Repair & Maintenance Services - Property so 0% 569.462 Repair & Maintenance Services - Grounds $0 0% • 569.463 Vehicle Repair and Maintenance Services $0 0% 569.470 Printing & Binding $0 0% 569.471 Copying & Binding $0 0% 569.480 Promotional Activities $0 0% 569.481 Advertising $0 0% 569.493 Match $0 0% 569.494 Administrative Cost $0 0% 569.495 Residential Per Diem SO 0% Agency: City of Clearwater Pago 3 Of 5 09124/02 10:51:39 AM Section VIII f DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ COUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.496 Day Program Per Diem $0 0% 569.497 Day Program Subsidy $0 0% 569.498 Day Program Hourly SO 0% Unit Cost 569.510 Office Supplies 09110!2002 $197 0% Norton-Office supplies-pens, paper, eta r Joe DiMaggio-Office supplies . ' 569.515 Participant Expenses .$0 0% 569.520 Operating Supplies 09/10/2002 Ross Norton VCR tapes $100.00 Adventure Island (20 X $25) $500.00 ' Disney Quest(20 X $20) $400.00. Play Station Games (5 X $25) $125,00 Art supplies $175.00 Awards $100.00 Decorations $75.00 Music for DJ service $350.00 Music Concert trip (20 x $20) $400.00 ' Movies $75.00 State fair $200.00 Skattnglbowling $200.00 Educational materials $350,00 : Joe DiMagglo Video Games for Playstation $300 Adventure Island (20 X $25) $500.00 Art supplies $175.00 Trophies, Ribbons, Awards $500 Universal Studios (20 x $50)$1,000 Movies $175.00 State fair $200,00 Board games $184.00 Agency: City of Clearwater Page 4 Of 5 Sectlon VIII 0912410210:51:39 AM DERIVATION OF FIGURES AND LINE ITEMS PERCENT JUSTIFICATION OF AMOUNT INCRE=ASE/ ACCOUNT # ACCOUNT NAME INCREASEIDECREASE OR OTHE=R DECREASE EXPLANATION AS NEEDED 569.521 Food & Nutrition 09110f2002 $1,650 0% Ross Norton- Pizza $200.00 Drinks $100,00 Cakes $50.00 Snacks $100.00 Joe D1Magglo- Cookies, Pretzels, Snacks, Hot Dogs, Huns • $1,000 Pizza $200 569.540 Subscriptions 09/1012-.002 $240 33% ' Ross Norton CO subscriptlon'club-51501yr Magazines @ 3x$30=90 569.549 Books $0 0% E 569.542 Dues & Memberships so 0% 569.543 Educational Materials $0 0% ' 569.544 Educational Training $0 0% 569,590. Depredation $0 0% 569.600 Other/Misceitaneous $0 0% 569.640 Machinery & Equipment $0 0% (Capital Outlay) 569.660 Books, Publications, and $0 0% Library Materials (Capital) Agency: City of Clearwater Pago 5 Of. 5 Section Vlll 0912410210:51:39 AM FORM 5 Charting the Course for Youth SOURCES OF REVENUE 00.01 Actual Revenue 01-02 Actual YTD As of 09124102 01-02 Revenue Projected Thru End of Year 01.02 Total 02.03 Future Fiscal Year Revenue % Change 'Cash Forward From Fund Balance . 50 $0 $0 50 $0 0% "Fundraising 30 so s0 $0 $0 0% 'Participant Fees $0 $0 $0 $0 $0 0% Insurance Reimbursements $0 s0 $0 30 SO 0% Medicare/Medicaid $0 $0 s0 $0 $0 0% United way s0 $0 so $0 so 0% School Board In-kind $0 $0 $0 s0 $0 0% Governmental $40,760 $20,3130 $20,380 $40,760 $37,975 -7% Other $0 $0 $0 $0 $0 0% SUBTOTAL $40,760 $20,380 $20,380 $40,760 $37,975 -7% CSC Continuation $0 $30,350 $30,350 $60,700 $0 0% CSC Equip/Renovation 30 $0 s0 $0 30 0% CSC Other so $0 $0 $0 $61,914 0% SUBTOTAL $0 $30,350 530,350 $60,700 $61,914 'TOTAL $40,760 $50,730 $50,730 $101,460 $99,889 -2% CROSS CHECK ITEMS: FUTURE FISCAL YEAR PROGRAM EXPENDITURES: $99,689 'CASH FORWARD FROM FUND BALANCE: The amount of funds to be transferred forward from the agency's fund balance to the operation of the program during this fiscal year. "FUND RAISING: Any funds collected by the program of either a solicited or unsolicited nature (Donations) as well as memberships which do. not entitle the donor to program services. "FEES: Charges for services rendered. This may include revenue from memberships when such memberships entitle the member to program services. Agency: City of Clearwater Pago I Of 1 09124/02 1051:39 AM Section IX ?r - f ATTACHMENT 5 JWB.REIMBURSEMENT SCHEDULE ?I 1 f ?_ 17 05/16/03 1 05/23/03 .18 05/30/03 06/06/03 19 06113/03 06/20/03 s 20 i 06/27/03 f 07/03/03 ' _ 21 07/11/03 07/18/03 ' 22 07/25103 08101/03 i 23 08108/03 08/15/03 24 08/22/03 08/29/03 I 25 - !! 09/05/03 I _...._. 09112103_ ' 26 ... 09/19/03 09/26/03 02.03 Reimbursement Schedule Submission Date Reimbursement Date 1 10104/02 10/11102 2 10/18/02 10/25/02 3 11/01/02 11/08/02 4 11115102. 11/22/02 5 11/29/02 12106/02 6 12/13/02 12/20102 7 12/27/02 01/03/03 8 01/10/03 01/17/03 9 01/24/03 01/31/03 10 02107/03 02/14/03 11 02/21/03 02/28103 12 03/07/03 03/14/03 13 03/21/03 03/28/03 14 04/04/03 04/11/03 15 04/18/03 04125/03 16 05/02/03 05/09/03 Agency: City of Clearwater Page 1 Of 1 Section XII 0911310210:45:43 AM' g { 1 worksesslon Ite?n il: •_ Clearwater City C0111111issioll ?y Agenda Cover Memorandum Final Agencla Item 11 Meeting Date: 11171112 SUBJECT/RECOMMENDATION: Ratify and confirm City Manager's approval of an increase in an existing contract with the firm of Bryant, Miller & Olive, P.A. in the amount of $16,000 for a total Purchase Order in the amount of $56,000 for attorney services to amend the Community Sports Development Agreement between the City of Clearwater and the Philadelphia Phillies and to assist in the wort: associated with the Home Depot acquisition and closing, and that the appropriate officials be authorized to execute same. SUMMARY: On February 7, 2002 the Commission authorized a contract in the amount of $30,000 to the firm of Bryant, Miller & Olive, P.A. for attorney services to amend the Community Sports Development Agreement between the City of Clearwater and the Philadelphia Phillies and to assist in the work associated with the Home Depot acquisition and closing on the property. • Due to extended discussions with the Phillies regarding the Amendatory Agreement and with Home Depot regarding the Option for Purchase Agreement the original purchase order was approved for increase by the City Manager for an additional $10,000 for a total purchase order of $40,000. • Following the approval of the Amendatory Agreement and the Option for Purchase of the Home Depot property by the commission, a modification to the existing Reciprocal Easement Agreement (REA) had to be completed prior to a closing occurring on the Home Depot property. The REA governed the use of the properties in the Clearwater Collection Shopping Center and required amending to allow the construction and operation of a Community Sports Complex. • To achieve a consensus on the modification to the REA required more time than originally anticipated. Therefore the additional sum of $16,000 is requested to compensate the firm of Bryant, Miller & Olive for the extra work involved. A Funding is available in capital project 315-92829. Reviewed b Legal Budget Purchasing Risk Mgmt NA Info Srvc NA Originating Dept.: K. t bar Costs Parks & Recreation Total $16,000 User Dept.: Funding Source: Parks & Recreation Current FY CI X Attachments OP Other Public Works DCMIACM Other . Submitted by: . City Manager ? None I Appropriation Code: 315-92829 Prlntad an racveled naner Clearwater City Commission Agenda Cover Memorandum Work Session Item #: Final Agenda Item #- Meeting Date: 5 SUBJECT/RECOMMENDATION: Approve acceptance of a FY 2002/2003 Byrne State and Local Law Enforcement grant in the amount of $68,794 from the Florida Department of Law Enforcement and approve an agreement with the YWCA of Tampa Bay for provision of contractual services during the period October 1, 2002 - September 30, 2003, in accordance with Sec. 2.564(1)(e), Code of Ordinances -- Sole Source, M and that the appropriate officials be authorized to execute same. SUMMARY: • The Police Department has been awarded a Byrne State and Local Law Enforcement grant in the amount of $68,794 that will be used to contract with the YWCA of Tampa Bay to continue the implementation of "Operation Apoyo Hispano," which provides interpreter, victim advocacy, and crime prevention services to the City's rapidly growing Hispanic community. This is the second year that Operation Apoyo Hispano has been awarded Byrne grant funding. Operation Apoyo Hispano consists primarily of advocacy on behalf of Hispanic crime victims and interpretation/translation for Spanish-speaking individuals in their dealings with the police. The program will continue to be supervised by the YWCA's Coordinator of Hispanic ServicesNictim Advocate, a bilingual and culturally competent person with counseling, organizational, and supervisory skills. The Coordinator will be assisted by a full-time, bilingual Advocacy Assistant, who is also employed by the YWCA. • Operation Apoyo Hispano will also provide a series of crime prevention education classes for Hispanic community groups and will provide information in Spanish on topics such as child abuse, domestic violence, bicycle safety, gangs, drug awareness, DUI, and Neighborhood Watch. • Byrne grant funds will provide $68,794 for implementation of the program. A Special Project, 181-99298, Operation Apoyo Hispano II, has already been established to account for the grant expenditures. The required 25% cash match in the amount of $22,932 is already funded and will be transferred from the Special Law Enforcement Trust Fund, 181-99331, to this project as part of the 1"' quarter adjustments. • A contractual agreement between the City of Clearwater and the YWCA of Tampa Bay has been prepared. A copy of the agreement is available for review in the City Clerk's Department. • The YWCA has been determined to be the sole source for provision of the above-referenced services. The YWCA was instrumental in designing and implementing the pilot project that was originally funded two years ago with Weed and Seed dollars and funded last year by the Byrne grant. There is no other comparable agency in Clearwater that is able to provide these services for the Hispanic community. Reviewed by: Originating t,? Police ?. Costs l I fo Srvc ared b : anet Skinner ' Pre Lega n n/a p y Total 22,932 Budget Public Works n/a User Dept. ?CL+? Funding Source: Purchasing 1a DCM/ACM Police -? Current FY 22,932 Cl Risk Mgmt nla Other a Attachments OP Other Grant Submitted by: '7? • Aid U6644? El None Appropriation Code: 181-99290 City Manager Grant match Printed on recycled naner Rev. 2198 I _.-- . . AGREEMENT CV)PY THIS AGREEMENT is made and entered into on the day of , 2002, by and between the YWCA of Tampa Bay, hereinafter referred to as the "Contractor", and the City of Clearwater, Florida, a municipal corporation, hereinafter referred to as the "City", hereby incorporates by reference the City of Clearwater's "Standard Requirements for Requests for Proposals"; Exhibit A - Insurance Requirements; and Exhibits B & C - Scope of Services. WITNESSETH: WHEREAS, the City has been awarded a grant from the Florida Department of Law Enforcement, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program, in the amount of $91,725, including a cash match in the amount of $22,931, for the implementation of "Operacion Apoyo Hispano;" WHEREAS, the Contractor has agreed to implement and administer Operation Apoyo Hispano in the partnership with the City; NOW THEREFORE, in consideration of the promises and the mutual covenants contained in the Agreement, the Contractor and City hereby agree as follows: 1. TERM. This Agreement shall commence on the 1st day of October, 2002, and shall terminate on the 30th day of September, 2003, unless earlier terminated by either party hereto. Either party may terminate this Agreement upon thirty (30) days prior written notice. 2. CONTRACTOR'S SERVICES. The Contractor shall furnish all material and perform all of the work for administration and implementation of Operacion Apoyo Hispano, which provides interpreter, victim advocacy, and crime prevention services to Hispanics in the City per the attached Scope of Services (Exhibits B and C). 3. CONSIDERATION. Upon execution of this Agreement by all parties, the City will pay for costs, including cash match, associated with the implementation of the program as specifically indicated in Exhibits B and C. The Contractor shall submit monthly billing to the City, including all invoices, receipts, copies of payroll checks, and other documentation of expenses for which the Contractor seeks reimbursement pursuant to this Agreement. Such monthly billing shall be submitted to the City no later than twenty (20) days after the close of each month. Financial reports shall be filed by the City of Clearwater with the Florida Department of Law Enforcement (FDLE) on the first day after the close of each month; upon receipt of reimbursement from the FDLE, the City shall reimburse the YWCA. C-Opy The City's maximum liability under this contract shall not exceed $91,725 - the total amount of the grant, including match. 4. THE WAIVER. Failure to invoke any right, condition, or covenant in this Agreement by either party shall not be deemed to imply or constitute a waiver of any rights, condition, or covenant and neither party may rely on such failure, 5. NOTICE. Any notice or communication permitted or required by the Agreement shall be deemed effective when personally delivered or deposited, postage prepaid, in the first class mail of the United States properly addressed to the appropriate party at the address set forth below: A. NOTICES TO CONTRACTOR: Mail to: Peggy Sanchez Mills, Chief Executive Officer YWCA of Tampa Bay 655 Second Avenue South St. Petersburg, FL 33701 B. NOTICES TO CITY: Mail to: Sid Klein, Chief of Police Clearwater Police Department 645 Pierce Street Clearwater, FL 33756 6. ENFORCEABILITY. With a copy to: Sandra Lyth Deputy Director YWCA of Tampa Bay 655 Second Avenue South St. Petersburg, FL 33701 With a copy to: City Attorney's Office City of Clearwater P.O. Box 4748 Clearwater, FL 33758 If any. provision of the Agreement is held by a court of competent jurisdiction to be unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be impaired. 7. ENTIRE AGREEMENT AND AMENDMENTS, E ,P , This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements of understandings, whether written or oral. No amendment or extension of the Agreement shall be binding unless In writing and signed by both parties. COPY 8. BINDING EFFECT, ASSIGNMENT. This Agreement shall be binding upon and shall inure to the benefit. of the Contractor and the City: Nothing in this Agreement shall be construed to permit the assignment by the Contractor of any of its rights or obligations hereunder, as such assignment is expressly prohibited without the prior written consent of the City. 9. GOVERNING LAW, SEVERABILITY. In the performance of the Agreement, each party shall comply with all applicable federal, state and local laws, rules, ordinances and regulations. This Agreement shall be governed by the laws of the State of Florida. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. In witness whereof, the parties hereto have set their hands and seals on the date first above written. Countersigned; CITY OF CLEARWATER, FLORIDA Brian J: Aungst Mayor-Commissioner Approved as to for r Robert ?. IS urette 'Assistan ity Attorney By: William B. Horne, II City Manager Attest: Cynthia E. Goudeau City Clerk f YWCA By: Chief t COPY EXMBIT A INSURANCE 1ZEQ The bidder.will procure and taafntain tba following fasurai a cmTrate: 1. Works' Cam penzation and Employers' LlS1111i p--the bidder shall prucar ead miLintein for the life of this purcbm order. Workers' tComp=satlcn l'mrstice corerint to employers with limits meedag all applicable state and federal laws. This coverage shall include Employers' Liability with limits meetfnt all. appilcable state wed t'exieml I... 2. Genervrl LbblGty-The bidder shaft pr=m aad malatWo four dw life of ibis pnrthsse order, Getterul I.lab=y InOMOM Tbb Wig! mall bs M as ` 0CCUrrencel basis and shall Include: Poises and Opnvtions,• hWq=d=1 Contras Products mw Caraplete Qperatloas and Contractual Llablllt)r. CvremCe shA he no terra rsntdeKhv than the istest edltfoQ of the Commercial General I-18hiilty poilcin of the iazax= = Services (Mce. This paltry shall pmMs caxerap for deans, bat ft injury, pe:- nallnim7 or prapcrty damaZe that could srise directly, ar indirectly from the perikrrinance of this purchase order. The musimnm limitst oaf oovsrate shall bs SS?00? psrOtxurreace Coatbiaed 5Wgle >.lmit far Bodily Injury Liabilltr rtod Prorpertq Damate LlabiUty. The City 3haIi be indeded and ld=tMcd as an Addltlaml Tenured u :tder the policy cerdac ate of Insurance. 3. Business Acummub LUbMt'y---MI a Mder sba#I ptomm ttad maintain lbr the llfe of !be purch=c order, B Antoranluie Liabilltr bzPn%ate. The minieuum dal` CvvMMZvlha4 baS3i241,M P+rOCcunvcm Comblaed 5lnyle Llmit for Bodily i'ridry LWMT tend 3'ropwty DU=P LUUM7', Tlib car=0 shall be an "Any Aata^ type po8ry. CbV1mvP2hxlE bs tm taaa 5=ftkdv d= tits lateen ed1dan ar the Business Autttmobgacf dm eta Stsn?itaes•OnkL t, ladMaftT_Thte bMdatr$ban dd&a4 hubmMUys =go d bold tide CHV hsrnzi Emm any zad all claims, su ft j s vAd 1 ftr dtzM per== I KaWy, boday Irtiai7 er property damage dkody or indbecdy ftm of this pttreitm oedar by bl lder, IB cmpi6lnm1, aMbF9 I I 11" 'Or 1P s• 1 1 ON 6 IRA lam, c=n9N%ors other h9d expeaw!&t li b mistyaaraibls tbtr ?rrtih ¢hte tt or the part imm fir. S. u emetiew Prortslms e) The Limm "me arresnva nand condi faint a!lbrrled by this pnBry shill not bs swpeaded, voidK or taetdlfled em" alttr Ot tl? (3M dap prior wftu uodet by certiiied mash atetsrea receipt xvgamted hu bats cirm to the City's Risk M anatemamt OMM b) Certtilcates of Immmucc meeting Chu spedlIc regWred taauraace prtrrisfan: speeitled required It3mrsom provisions speeftled will W the parebase order shall be forwarded to the City's Risk Mattatemettt OL'MCD and apprarmd Prior to a ttrt of may work, After review, the Certilicate will be fused with the PurrhzxW& OMce as apart of the original purchase order. CFshibit A (continued) 0 Rectipt and accqtsuce of a bidder's Certiticau of ioaorance. of other similar document. doe aor cons litute acreptaace or approval of amounts or types of coverages wbich may be less than rrquired by the purcbass order, d) The City may at its option require a copy of the bidder's (asurarice policim e) All Imuranee policiee required with this pnrzh;" alder shall provide fait coverage from the first dollar of eipasnre:<ghm aiturwiaa sttlxtr& Ila dedacdIdes will be s=pted without prior ofv ow I irons tho ty. 6. Safety and Resins RMairrmestb a) Safe and Heaithfal Work Environmezzt---it is the blddet's sole daty to provide nfl! anti b "ittifut warida6 coudlthaax to ils empiayecs and those of Me CUy an and about the prviget s#tc. The City usumvi no duty for superwhion of ftm bidder. Stop Work Orden-The CUT may ord w that this work xwp if a eondkion of Immediate dancer to City emPkgem equipment or propwq daumv exicts. TAfs pravisiau sWl not shill respansiblUty or risk of lab for fojarira or duau?eaxxtabud from the bidder to the Cay, sad hiss bidder sbsit trrnis solely rcgmwxMb for eompBaaee with in nfety regttirsmerits mod tbesefeip a[ aA perzt:m anal prvpertT at the pro jest sib. c) Compliance with Safety and Health T8e lwder si'ma Comply wftb ttie Oconpattiinai SdWT old HeaEttc Atlmial Ir -I,- ((QSRA)jptbs mid. Depsttmeet of labor gad Employment Seccrity =Wall oth rapproprhm federal, stage, local repiations or City safety ad bes" standards. COPY EXHIBIT B YWCA OF TAMPA BAY INTERPRETER PROGRAM SCOPE OF SERVICES Program Components 7. Supervision • Fulfill the functions of supervisor for interpreters and any volunteers or other staff that may be connected with the program • Maintain an on-call procedure which meets the needs of the Clearwater Police Department (CPD), revising and improving as necessary. • In collaboration with CPD, maintain a protocol for working with the police and the courts, in various settings; including interviews, the scene of a crime, and in legal proceedings, revising and improving as necessary. 2. Recruiting • Maintain a group of approximately 12 trained interpreters, who are fluently bilingual in Spanish and English, to act as interpreters between Spanish speaking residents of the City of Clearwater and the police. • In collaboration with the CPD, continue to recruit, screen, and train interpreters, as needed. 3. Training • In collaboration with CPD, deliver a training program as needed for interpreters. The training program includes orientation to Criminal Justice processes, the role and responsibility of an interpreter, protocols for working with the police and in legal proceedings, stress management, and other related elements • Identify any needs for on-going training that the interpreters may have, and develop suitable training or support mechanisms required. 4. Information Management • Maintain an information management system, including reports written by the Interpreters following a call-out. COPY EXHIBIT C YWCA OF TAMPA BAY ADVOCACY PROGRAM SCOPE OF SERVICES Program Components 1. Outreach • Contact individuals and organizations in the community, providing information about the advocacy services of the YWCA of Tampa Bay • Provide direct information to victims and potential victims of crime through notices in Spanish speaking businesses, churches, public speaking, and word of mouth 2. Intervention • Provide advice and counseling with the objective of having the incident(s) reported to the police • Provide support and assistance during interviews, legal proceedings, and related processes 3. Referral and Support • Assist Hispanic victims to gain access to services that may be required by the victim as a result of a crime, such as alternate housing, financial aid, medical care, and services for children, as needed • Refer the victim to agencies and services which have a Spanish speaking capability, according to the needs of the individual • Assist the victim in maintaining a working relationship with the police during the process 4. Liaison with the Clearwater Police Department (CPD) • Provide information to Senior Officials and Officers of CPD regarding obstacles faced by Hispanic residents in reporting crimes and seeking redress through the legal system • Provide training or orientation to members of the CPD regarding the program ...1 .! a !', .. ... cop • ?Work continuously with representatives of the, CPD to,improve the ' . awareness of Hispanic residents of. the services available to them through the legal system. ' 5. Public Education • 'Attend meetings, give presentations, and perform other functions which i will enhance the visibility of the needs of the Hispanic community, specifically victims,of crime, and the needs of Hispanic women and girls :. 6. Outcomes I • , The Coordinator of Hispanic Services will maintain records of activity and f case by case outcome on all of the above responsibilities., The' Coordinator will prepare a monthly report, to be reviewed by the Hispanic Services Advisory,Committee of the YWCA, and the Clearwater Police Department, 1 , !•.Y.?L.?sL aJVw,.+?r?w..:n.Y:A1;ri?ai7lJa?+wrr+ ?I t Clearwater City Commission Agenda Cover Memorandum Work session Item M Final Agenda Item # Meeting Date: 1117IQ2 SUBJECTIRECOMMENDATION: Approve a work order 11or constriction administration services for the 'Grnndvicw Terrace Traffic Calming and Stormwater Improvements Construction Administration Services (02-0073-EN) to Wade Trim of Tampa, Florida in the amount of S29,645.34. 19 and that the appropriate officials be authorized to execute same. SUMMARY: • This contract is for construction administration services for the Traffic Calming and Stormwater Improvements Project in the Grandview Terrace neighborhood. • Design work orders to Wade Trim totaling $99,996.41 have been completed and closed. With the addition of this work order the new total for engineer of record services will be $129,641.75. • The Traffic Calming and Stormwater Improvements Project is in response to long-standing resident requests for a solution to speeding vehicles and aggressive driving in this residential neighborhood. • The Grandview Terrace neighborhood Traffic Calming Plan that is the basis of this project was developed by neighborhood residents at a City-sponsored charrette workshop and then field-verified by engineers. • . The Grandview Terrace neighborhood Traffic Calming Plan was approved by petition signatures of approximately 95% of the properly owners in Grandview Terrace neighborhood. • The construction bid for the Grandview Terrace Traffic Calming acid Stormwater Improvements Project has been awarded. o Sufficient budget and revenue are available in the Capital Improvement Program project 315-92259, Traffic Calming Program to fund this work order. • Work will commence upon award and execution of the Work Order and the construction administration services will be completed in approximately 64 days after the end of construction of the Grandview Terrace Traffic Calming and Stormwater Improvement Project. • A copy of the contract documents is available in the City Clerk's office for review. Reviewed by: Legal ?fo Srvc N/A Budget blic Works Purchasing CMIACM el? Risk Mgmt NIA Other NIA Submitted by: 40p • 16 City Manager T--W #441? Originating Dept: Public Works r?V` Administration (K.Si s User Dept. ' - - Attachments ?X None Costs: Total $29;845.34 Current FY Appropriation Code: 315.92259-561200-5d Funding Source: CI X OP Other Q Printed on recycled paper Grandview Terr Traffic Calming Const Srvs WO - Agenda Item.doe Rev. 2198 September 10, 2002 Mr. Ken Sides, PE Project Manager City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 Re: Grandview Terrace Neighborhood Traffic Calming and Stormwater Improvements Construction Services Work Order Initiation Form Dear Mr. Sides: Enclosed for your review are two (2) executed Work Order Initiation Forms for the construction services of the Grandview Terrace Traffic Calming and Stormwater Improvements Project located in the City of Clearwater. The Grandview Terrace Traffic Calming and Stormwater Improvements Construction Services is intended to provide a seamless transition from the design to construction phases and to provide assistance to the City throughout the construction phase of this project. A Scope of Work, Schedule, and Fee Estimate are provided in the enclosure. 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. Gregory S.'Trim at 813.882.8366. keDavi. C. rsleeve r Executive Vice President DBG:fs AAA1000.02 P:IAAA10o01Gtrim\FinaAgrndvlewterracecnstsrvcsrevo91042.doo Enclosures cc: Gregory S. Trim, Wade-Trim ' Englneedng • Landscape Architecture • Planning ¦ Sciences • Surveying FL LC Reg. No. C000121 4919 Memorial Highway • suite 200,- Tampa, FL 33634 813.882.8366 % 868.499.9624 ¦ FAX: 8113.894.5990 • www.wadetdm.com 47, 1 . ?,+? . CITY OF CLEARWATER PUBLIC WORKS DEPARTMENT WORK ORDER INITIATION FORM Date: September 10, 2002 Project No: CLW2035.05M City Project No: 1. PROJECT TITLE Grandview Terrace Neighborhood Traffic Calming and Stormwater Improvements Construction Services 2. SCOPE OF WORK Please refer to Attachment "A"; Scope of Work. 3. PROJECT GOALS The Grandview Terrace Neighborhood Traffic Calming and Stormwater Improvements Construction Services is intended to provide a seamless transition from the design to construction phases and to provide assistance to the City throughout the construction phase of this project. The services that will be provided is designed to monitor and interpret the construction process and the intent of the construction plans which include the underground utilities, roadway improvements, and landscape components of the project. 4. BUDGET Method A - Cost times multiplier bases fee of $29,645.34 has been established for the limited construction services. 5. SCHEDULE Please refer to Attachment "B", Schedule. 6. WADE-TRIM STAFF ASSIGNMENTS David B. Gildersleeve, Executive Vice President, Principal-in-Charge Gregory S. Trim, PE, Project Manager 7. CORRESPONDENCEIREPORTING PROCEDURES Correspondence, progress reports and invoices shall be submitted to Mr. Ken Sides, PE, PTOE, Public Works Department with copies to Mr. Michael D. Quillen, PE City Engineer of the Engineering Department. Invoices shall be submitted to Ms: Marty Pages. r, EGA?.,?:?'? ??t?i k 8. INVOICING/FUNDING PROCEDURES The budget for these assignments is maximum fees of $29,645.34 based on actual time and direct reimbursable costs expended. Invoicing Method A, Cost Times Multiplier Basis shall be used. City Invoicing Code: 9. ENGINEERING CERTIFICATION Wade-Trim hereby certifies 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-Trim 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. This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents, which we may subsequently tender. PREPARED BY CITY: Michael D. Quillen, PE City Engineer 5 t ENGINEER: r Gregory. Tri ,.PE Associate Date Date ?yN 1.0 CONSTRUCTION PHASE 1.1_ Pre-Construction Conference Participation Participate in a pre-construction conference after award of the construction contract. 1.2 Roundabout Aerial Intersection Plots Wade-Trim will prepare aerial drawings of two (2) proposed roundabout intersections at Baker, Casler, and Richards Avenues and Palmetto Street with Casler Avenue. The drawings will each illustrate the proposed roundabout configuration, landscaping Included, superimposed over the aerial photo of the intersection. The drawings will be full size (24"x36") color plots. Preliminary drawings of each intersection will be generated for review comments. The final deliverable package will consist of four (4) original color plots for each intersection. 1.3 Shop Drawing Reviews and Approvals Wade-Trim will review and approve all construction shop drawings related to the underground utilities, roadway paving, and landscaping supplied by the Contractor for substantial conformance with the design concept of the project given in the technical specifications. Shop drawing reviews and approvals exceeding over nine (9) days of aggregate time are not included in.this estimate and will need to be negotiated on a time and material basis. 1.4 Weekly & BI-Weekly Project Status Meeting Participation Participate in weekly project status meetings during the initial construction phases of the underground utilities, roadway improvements, and landscape portions of the project. A total of ten (10) meetings are estimated during the initial construction phases, underground utilities four (4) meetings, roadway improvements three (3) meetings, and landscape three (3) meetings. At these meetings Wade-Trim will prepare meeting minutes for the City's Project Manager to distribute. Wade-Trim's 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 Heal-Eichler, ASLA. Additional meetings beyond this Scope of Work requiring Wade-Trim's attendance will need to be negotiated on a time and material basis. P:1AAA10001G1rlm\MnaRgrndvlewlerracecnstsrvcsrev091002.doc 1.5 Interpretations, Clarifications, Modifications and Site Visits Coordinate necessary interpretations, clarifications, and modifications of the Contract Documents to the City and Contractor. Interpretations of the construction plans will consist of discussing the intent of the project design in the event of changes are proposed by the City or Contractor. The effort involved for construction plan interpretations is anticipated to consist of weekly correspondence with the City and Contractor and possibly two (2) meetings required to discuss specific issues that could not be resolved during the weekly progress meetings. Construction plan clarifications will be provided throughout the entire construction process. Questions that are related to the design plans prepared by Wade-Trim will be responded to In a timely manor to avoid any delays with the construction activities. Modifications to the construction plans may involve minor adjustments to proposed utilities due to conflicts with existing utilities. Modifications to the plans exceeding over four (4) days of aggregate Design and CADD work are not Included in this estimate and will need to be negotiated on a time and material basis. Assist the City Project Manager in preparing Change Orders as required and as initiated or recommended by the City, or the Contractor. 1.6 Certification of Construction Completion Wade-Trim's services are not required for construction certification. The contractor will be responsible in preparing the final as-built drawings, signed and sealed by a Florida Registered Land Surveyor. The City will be responsible in supervising and reviewing the construction material testing procedures and results. SWFWMD construction certification, if required, will need to be completed by the City. 1.7 City of Clearwater Responsibilities A. The City of Clearwater shall be responsible for the following materials and services in support of this Work Order: I . Notification to Wade-Trim of all scheduled progress meetings that require attendance. 2. Survey elevations and locations of existing utility conflicts that would require modifications to the design plans by Wade-Trim. 3. Coordinating any special meetings required to discuss the design intentions of the construction plans. 4. Perform daily construction observation and construction administration activities. 5. Construction certifications, as required. PMAMoocA itrlmlFinoAUrndvlewlerracccnatarvcsrav0o1002.dac 2 a ak0 PIN;. 416 ATTACHMENT "B" SCHEDULE ' GRANDVIEW TE RRACE NEIGHBORHOOD TRAFFIC CALMING AND STORMWATER IMPROVEMENTS • CONSTRUCTION SERVICES " CITY OF CLEARWATER Authorization to Proceed 09/20/02 Construction Contract Award Date' 08/23/02 Pre-Construction Meeting Week of 09/23/02 Start Construction Week of 09/30/02 Progress Meetings On Going.'. ,.. . Finai Completion of Construction ' Week of 03/03/03 ' ` . Project Closeout " Week of 04/07/03 1 tre , 5 , F `l i 7i .4 ry { •'' ,II Y .113• :{ .i il __ _- 8 d 3 ?8 ? 3 i 3 id 8 8 `? i 8 2 n n V3 ? p ? ryy y ?yy ??? yy} 1?? l y ?{ i M N N N M M V{ N ? rv N N N ? ? ?¦p ° ??Npp D1 1¦p ? ?Np ° ?Np ° ?Np n ?Np ° ?Np pY b 'O ?Yp ?Np ° ° ?nNp P pN 3 ?Ny lT ?Np ?D ?Rp ?O ?11p 10 rNp Q ?¦p tT T ?Np i° ?Np ?O eYp ?Np ?O ?O fY N N eY fJ N N NN CJ IV CJ N N /i N N N N N N N N .¦ w M w M M M M N rt M 11 M • R • M M M M 8 g g 8 8 8 8 88 88 8 8 8 8 8 r 8 8 8 $ 8 ? ?- ? - - _ ? ? x ? " N N A N N N NN NN N N ? N N M N ' y a a Y + + Fj M1 p + V + + h + + h A A ? ° {{yy CI A yy 1p H 8 Qo 9 y? ¦l f N N N N N ? w M N y? w ? ?8 n n N ° + 8 $ ? ° N r N " g 8 8 ?? 7y n n nn n rv rv n ? Li M pp6 ' n ? f r M V"" + + +" +Y °° ° V raj ? Y? M a „?. r1 N p ° N - g$8g 88 g {j ? ? ? N N N 5 p S / y s Ott $ a a i' S ? (QQ??? { ? N ? p - . . N p P N N Q? ? ? ? ? ? b N ? n h yy 1 N M - - - - - - - - - - - - 7 y j} y p d ^ ? 1` - }J%} 5 ? yj rp N F qp S pa F ? y{ H p 3 _ ?? T V Y Li ry n i v r3 O CITY OF CLEARWATER PUBLIC WORKS DEPARTMENT WORK ORDER INITIATION FORM Date:. September 10, 2002 Project No: CLW2035.05M City Project No: 1. PROJECT TITLE Grandview Terrace Neighborhood Traffic Calming and Stormwater Improvements Construction Services 2. SCOPE OF WORK Please refer to Attachment "A", Scope of Work. 3. PROJECT GOALS The Grandview Terrace Neighborhood Traffic Calming and Stormwater Improvements Construction Services is intended to provide a seamless transition from the design to, construction phases and to provide assistance to the City throughout the construction phase of this project.' The services that will be provided is designed to monitor and interpret the construction process and the intent of the construction plans which Include the underground utilities, roadway improvements, and landscape components of the project. 4. BUDGET Method A - Cost times multiplier bases fee of $29,645.34 has been established for the limited construction services. 5. SCHEDULE Please refer to Attachment "B", Schedule. 6. WADE-TRIM STAFF ASSIGNMENTS David B. Gildersleeve, Executive Vice President, Principal-in-Charge Gregory S. Trim, PE, Project Manager 7. CORRESPONDENCE/REPORTING PROCEDURES Correspondence, progress reports and Involces'shall be submitted to Mr. Ken Sides, PE, PTOE, Public Works Department with copies to Mr. Michael D. Quillen, PE City Engineer of the Engineering Department. Invoices shall be submitted to Ms. Marty Pages. POND I liawyZi 8. INVOICING/FUNDING PROCEDURES The budget for these assignments Is maximum fees of $29,645.34 based on actual time and direct reimbursable costs expended, Invoicing Method A, Cost Times Multiplier Basis shall be used. City Invoicing Code: 9. ENGINEERING CERTIFICATION Wade-Trim hereby certifies 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-Trim 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. This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project document,, which we may subsequently tender. > PREPARED BY CITY: Michael D.-Quillen, PE Date City Engineer ENGINEER: _I ?b a? Gregory rim, Date Associate i X.I. ' CSI {lilwlt'it? 1.0 ' CONSTRUCTION PHASE 1.1 Pre-Construction Conference Participation Participate In a pre construction conference after award of the construction contract. 1.2 Roundabout Aerial Intersection Plots Wade-Trim will prepare aerial drawings of two (2) proposed roundabout intersections at Baker, Casler, and Richards Avenues and Palmetto Street with Casler Avenue. The drawings will each illustrate the proposed roundabout configuration, landscaping included, superimposed over the aerial photo of the intersection. The drawings will be full size (24"x36") color plots. Preliminary drawings of each intersection will be generated for review comments. The final deliverable package will consist of four (4) original color plots for each intersection. 1.3 Shop Drawing Reviews and Approvals Wade-Trim will review and approve all construction shop drawings related to the underground utilities, roadway paving, and landscaping supplied by the Contractor for substantial conformance with the design concept of the project given in the technical specifications. Shop drawing reviews and approvals exceeding over nine (9) days of aggregate time are not included in this estimate and will need to be negotiated on a time and material basfs. 1.4 Weekly & 1131-Weekly Protect Status Meeting Participation Participate in weekly project status meetings during the initial construction phases of the underground utilities, roadway improvements, and landscape portions of the project. A total of ten (10) meetings are estimated during the initial construction phases, underground utilities four (4) meetings, roadway improvements three (3) meetings, and landscape three (3) meetings. At these meetings Wade-Trim will prepare meeting minutes for the City's Project Manager to distribute. Wade-Trim's 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 Heal-Eichler, ASLA. Additional meetings beyond this Scope of Work requiring Wade-Trim's attendance will need to be negotiated on a time and material basis. P:V1AA10001G1rlmlFlnaNUrndviewterrncecn3tamcarev0O1002,doc 1 i!??Iru?`ay?r r I?iJI!?,rr???G 1.5 Interpretations, Clarifications, Modifications, and Site Visits Coordinate. necessary Interpretations, clarifications, and modifications of the Contract Documents to the City and Contractor. Interpretations of the construction plans will consist of discussing the intent of the project design in the event of changes are proposed by the City or Contractor. The effort involved for construction plan interpretations Is anticipated to consist of weekly correspondence with the City and Contractor and possibly two (2) meetings required to discuss specific issues that could not be resolved during the weekly progress meetings. Construction plan clarifications will be provided throughout the entire construction process. Questions that are related to the design plans prepared by Wade-Trim will be responded to in a timely manor to avoid any delays with the.construction activities. Modifications to the construction plans may involve minor adjustments to proposed utilities due to conflicts with existing utilities. Modifications to the plans exceeding over four (4) days of aggregate Design and CADD work are not included in this estimate and will need to be negotiated on a time and material basis. Assist the City Project Manager in preparing Change Orders as required and as initiated or recommended by the City, or the Contractor. 1.6 ' Certification of Construction Completion Wade-Trim's services are not required for construction certification. The contractor will be responsible in preparing the final as-built drawings, signed and sealed by a Florida Registered Land Surveyor. The City will be responsible in supervising and reviewing the construction material testing procedures and results. SWFWMD construction certification, if required, will need to be completed by the City. 1.7 City of Clearwater Responsibilities A. The City of Clearwater shall be responsible for the following materials and services in support of this Work Order: 1. Notification to Wade-Trim of all scheduled progress meetings that require attendance. 2. Survey elevations and locations of existing utility conflicts that would require modifications to the design plans by Wade-Trim. 3. Coordinating any special meetings required to discuss the design intentions of the construction plans. 4. Perform daily construction observation and construction administration activities. .5. Construction certifications, as required. PAAAA100014 ftTInaR9rndvtevrlerr0cecn5111ni 8rev091002.doe 2 rV ?'?111v?.?a.4?, • 1.8 Prolect Assumptions The following Items are assumptions made while preparing this Work Order. ' Should these items listed below change significantly; additional compensation will need to be negotiated on a time and material basis. ; {, . 1. The project's construction period time is estimated at five (5) months. 1.9 -Breakdown of Prolect Costs A. Construction Services $ 29,645.3Q Total Costs.2,Q 4 END OF SCOPE OF WORK X31 t, 1 , P:IAAA10U0ti(3him1FlnullgrndvlewlerracecnstsrvcsreW9t002.doc :?1. ATTACHMENT "B" SCHEDULE GRANDVIEW TE RRACE NEIGHBORHOOD TRAFFIC CALMING ' AND STORMWATER IMPROVEMENTS CONSTRUCTION SERVICES CITY OF CLEARWATER Authorization to Proceed 09/20/02 ' Construction Contract Award Date 08/23/02 Pre-Construction Meeting Week of 09/23/02 Start Construction Week of 09/30/02 Progress Meetings r On Going • Final Completion of Construction Week of 03/03/03 Project Closeout Week of 04/07/03 ' r S as ? v 8 3 sR 2 2 $ S 2 H pN^ [ ryp? ?? y 1? N }y ryryry ry {'l N NMN Mg Ey Y ^ r I phi 1 ? ¦'I M ? { N M N M N N N N N ? N N ? ? ? ry N ?Xp N ¦ ?¦p O ? ¦N N N s ¦ ? pMp ?M A O p X 1 ¦p ?Xp ?tlMp [71 DI n¦p ¦ Q1 p ?tlXp tl¦ D1 ¦O,p 11Mpp P ?Mp N ¦ N P" N mM 1Xp $ P N N N N N H H H N H H N H N H fY fV N N N N N H w R M X w w K K K w N w w w w w X N w k M !1 'I 8 g $ S S S S8 S 8 8S SS S8 8 8 8 E 8 8 8 p „ 3 yY ?Y# r? C of N O N T 1 T ? ry p T T T TY T T A Mf` ? n ?. ~ ? N '''...¦¦¦ 8 y? N1 T N M N N N 8 E ? w q N M n S o rv T T tl f . n YYY{y111 N o Q „ ~ N n r N m N Y{ a T S N 8 0 N N M N T p O $ C L 2 i T m ?1 is M C j } $ E n nn N n H rv 8 C ^ ? j 1? ?N., T ? T T T 1 T T T T T T W W W W ? n X? P y S? V l N N - ? ? 8 ? ? ? ? y w T tl ? X4 { V y N N 1] 01 N Li 0 l!Z ? ? ° a yY{ ! 8 g' ? ? 1p dl J ? y -g MN - 8 p M g F O Clearwater City Commission Work session Item #: Agenda Cover Memorandum Final Agenda Item # 3 Meeting Date; 11107/02 SUBJECTIRECOMMENDATION: Approve Change Order No. 3 in the amount of $163,281.82 to Keystone Excavators, Inc. of Oldsmar, Florida for the Mandalay Ave./Papaya St./San Marco Reconstruction (99-0098-EN), for demolition of the fountain at the roundabout, for a new contract total of $2,999,317.04, ®. - and that the appropriate officials be authorized to execute same. SUMMARY: • The original Contract was previously approved by the City Commission on November 15, 2001 for $1,747,000.00. • Change Order No. *I provided for this Contractor to perform replacement of the main water line and additional work along Mandalay Avenue. This change order amounted to $935,243.53 and included a time extension of 90 days. This was approved by the City Commission on July 18, 2002. • Change Order No. 2 provided for this Contractor to perform the removal and replacement of the existing concrete road base along with additional storm drainage and utility conduits on Mandalay Avenue. This change order also included a net deduction in the water main items. This Change Order No. 2 amounted to $153,791.69 and was approved administratively. • Change Order No. 3 provides for this Contractor to perform the demolition and removal of the roundabout fountain at the entrance to Clearwater Beach. • This change order does not include a time extension. The Contractor's completion date remains February 28, 2003. • The additional work includes the demolition and disposal of the existing roundabout fountain for an increase of $153,876.00; and the removal of the existing bollards and lighted bricks in the roundabout area for an increase of $9,405.82. • Sufficient budget and revenue are available in the 01 Sales Tax Bond Construction Fund project 348-92148, Gateway to the Beach, to fund the removal of the fountain, bollards and lighted bricks. • A copy of the change order is available in the Official Records and Legislative Services Department for review. Reviewed by: Originating D Legal C22k.- Info Srvc NIA Public Works G. Johnson Budget Public Works Purchasing DCMIACM ;?& Risk Mgmt *1A Other NIA Submitted by: . City Manager . Imp- Q Printed on recycled paper Costs: Total $163,261.82 User Dept. Funding Source: Current FY CIP x Attachments OP Other LE None Appropriation Code: 348.92148.563700-541-000 Mandalay Ave. Co113 Agenda Item Rev. 2198 CHANGE ORDER '#3 PROJECT: Mandalay Avenue/Papaya StreeVSan Marco Reconstruction CONTRACTOR: Keystone Excavators, Inc. 371 Scarlet Blvd. Oldsmar, FL 34677 Date: October 15, 2002 PROJECT NUMBER: 99-0098-EN PO REFERENCE NO.: , 699 30694 DATE OF CONTRACT: November 30 2001 CODE: 348-92148-563700-541-000 This change order provides for this Contractor to perform the demolition and removal of the roundabout fountain,, the removal of the concrete bollads and the removal and replacement of the lighted bricks. STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: ORIGINAL CONTRACT AMOUNT $1,747,000.00 CHANGE ORDER #1 $935,243.53 CHANGE ORDER #2 $153,791.69 CHANGE ORDER #3 $163,281.82 NEW CONTRACT AMOUNT $2,999,317.04 Company Name: KEYSTONE EXCAVATORS, INC. Robert C. Fornwalt, Vice-President Brian J. Aungst, Mayor - Commissioner Bryan b. 134ff, Assista ity Attorney r ATTEST: Cynthia E. Goudeau, City Clerk Date: Date: ).. Witnesses: Phi I 5e?'s?? an Ci in§dn, CGC Public Services Director CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA William B. Horne, II City Manager Michael D. Quillen, P.E. City Engineer r r L- " -, Page,2 continued: ' RE: Change Order #3 - Mandalay AveRapaya St. San Marco Reconstruction 99-0098-EN ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST Fountain Demolition and Removal 1 Maint. of Traffic, Off-Duty 1.00 LS W,582.00 ' $48,582.00 Police, Lights (Fountain Demo) 2 Demo Concrete Fountain & 1.00 LS $67,052.00 .$67,052.00 Foundations 3' Grading, Capping Exist. 1.00 LS $24,155.00 $24,155.00 Utilities, Removal & Disposal of Excess Fill 4 Electrical Work at Vault Panel - 1.00 LS $6,887.00 $6,887.00 Disconnect Power 5 Bahia Sod & Watering Infield, 2,400.00 SY $3.00 , $7,200.00 Area SUBTOTAL DEMO & REMOVE FOUNTAIN: $153,876.00 'Roundabout Items 6. Maint, of Traffic for Work in 1.00 LS $152.08 $152.08 Roadway (Bricks) 7 Lights for Night Work - *if 1.00 LS $386.50 $386.50 necessary* 8 Disconnect Electricity to 1.00 LS $460.70 $460.70 Lighted Bricks & Bollards . 9 Remove & Dispose of Existing 34.00 EA $53.19 $1,808.46 Bollards ' . 10 Chip Out & Remove Lighted 96.00 EA $19.27 $1,849.92 Brick Pavers 11 Repair/Replace Conc. Base 96.00 EA $25.69 $2,466.24 ' Under Brick Pavers y 12 Replace Brick Pavers 96.00 EA $23.77 , $2,281.92 ' SUBTOTAL ROUNDABOUT ITEMS: $9,405.82 SUBTOTAL FOUNTAIN DEMOLITION: $153,876.00 SUBTOTAL ROUNDABOUT ITEMS: $9,405.82 z TOTAL CHANGE ORDER #3 $163,281.82 • Clcarwater City Commission Worksessian Item Agcnda Cover Memorandum Final Agenda Item # Meeting Date: 1117!02 SUBJECTIRECOMMENDATION: Approve a work order to Post, Buckley, Schuh and Jernigan, Inc, an engineer-of-record, to provide conceptual planning, public involvement and final design services for the Beach Walk project, for the not to exceed sum of $500,000.00, ® and that the a ro riate officials be authorized to execute same. SUMMARY: • In February 2001 the City Commission approved the Clearwater Beach development and design guidelines known as Beach By Design. • . Identified as a catalytic project in this document, Beach Walk includes the following key elements: o Reconstruct South Gulfview Boulevard as a curvilinear two lane road between Coronado Drive on the north and the Adams Mark on the south; o . Add a center bi-directional turn lane on Coronado Drive; o Remove the beachfront parking spaces in the South Gulfview parking lot; o Construct a pedestrian promenade on the east side of South Gulfview, pedestrian and . bicycle paths on the west side, and sidewalk upgrades on Coronado; and o Install streetscape throughout the project limits. The work order includes two interactive public input meetings. • The City has received a special project grant through the VA-HUD-Independent Agencies Appropriations Act which will fund $490,000 of this work order. • Sufficient budget to fund this work order is available in capital project 315-92267, Coronado) S. Gulfview Streetscape. Design should be complete by late summer 2003. • A copy of the work order is available for review in the Official Records and Legislative Services office. Raviawed b ?, ) Legal ?.1 Budget Purchasing Risk Mgmt NIA Info Srvc N/A Public Works DCMIACM Econ Dev Submitted by, ? /?? City Manager a printed on recycled paper Originating Dept: Coats: PWA Engineering (M. Quill) Total User Dept. L Economic Devel6pment Attachments ® Mono BeachWalk WD $500,000 Current FY Appropriation Code: 3115-92267.561200.541 Funding Source: Ci X. OP Other M CITY OF CLEARWATER PUBLIC WORKS DEPARTMENT PISS&J WORK ORDER INITIATION FORM Date: October 16, 2002 PBS&J Project No. City Project No. . I. ' PROJEC'T' TITLE: Beachwalk 2. SCOPE OF WORK: A Preliminary'Design for Clearwater Beach and Design Guidelines has been prepared by Siemon & Larsen for the City of Clearwater. The report outlined redevelopment opportunities for Clearwater Beach with specific recommendations and design guidelines. The project extends south from the existing roundabout to the intersection of South Gulfview Blvd. and Hamden Drive. The scope includes redesign of South Gulfview Blvd. from a three lane linear configuration to a two-lane cross-section with a freeform alignment, and redesign of Coronado Drive to a three-lane configuration with roadside parking. The project construction budget is approximately $ 5 million with $3 million i assigned to South Gulfview Blvd. DKS Associates will assist with specific, tasks regarding traffic signalization and vehicular movement design. Keith Zayac & Associates, Inc. will serve as a subconsultarit to PBS&J for provide management and coordination efforts during the design development process to assist with the public design charettes and project quality control. The project will include conceptual planning, public participation charette's and design efforts to implement Beach by Design recommendations and staff criteria including the following: , A. South Gulfview Boulevard a • Rerouting of roadway to a curvilinear alignment • Redesign to a two-lane roadway cross-section •. Retain parking where possible • Provide traffic calming elements for a pedestrian friendly environment • Create pedestrian plazas adjacent to roadway for passive gathering areas • Provide salt tolerant landscape upgrades to enhance a central project design theme « Include hardscape upgrades to create a central project design theme • Define the physical transition from BeaehwaIk to existing storefronts, including architectural coordination with adjacent property owners. . 1 f ACOMMONTIcarwalcr\Biach waillScopcs\RcviscdscopclO-I6-02;doc i • Create sidewalk improvements to provide continuous pedestrian movement from . Beachwalk to Sand Key Bridge. B. Coronado Drive • Redesign to a thrce-lane roadway cross-section for pass-through traffic • Provide a 9 ft sidewalk on the west side of road • Preserve on-street parking on cast side of road • Provide limited salt tolerant landscape upgrades TASK '1 - INFORMATION GATHERING AND CITY CONSULTATION, 1.1 Information Gathering Gather available-information relating to existing site conditions to serve as a design base. Information includes existing PBS&J right of way surveys, City as-built information regarding underground utilities, aerial photography, Beach by Design Guidelines and site photographs. Research existing pen-nit files relating to stormwater and utilities. 1.2 Design Analysis , Establish a working program to serve as a guide to the implementation of the tasks required to ultimately produce a set of construction plans to implement Beach by Design. The work program will detail the major tasks within the overall effort to define the work efforts of project team members and the preparation of a detailed project schedule. 1.3 City Consultation The project manager will initiate a project startup meeting with representatives from the City and project team to establish communication procedures, coordinate production efforts, coordinate public input efforts and implement a process to ensure a cohesive design package for construction. The startup meeting with also establish the approval process and define expected work efforts to be provided by project team, and required assistance from City staff. A full understanding of the project objectives will be established. TASK 2 - CONCEPTUAL IMAGING 2.1 Site Visits Selected design team members will provide a maximum of three trips to other cities within Florida to review similar projects. Site visits will provide a hands on tour of successful projects to establish an understanding, of what elements have been successfully implemented in existing projects and also an'understanding of unsuccessful components to avoid. A memorandum will be provided for each visit on observations, thoughts, and potential applications relating to Beach by Design. 2 FACOMMONTIcarwaterkBeach WaWScopcs\Rcvisedscopc10-16.02.doc 4 i 2.2 Conceptual Imaging Based on information gathering, City consultation, and site visits, the design tcaln will prepare color images and renderings appropriate for public input meetings and charettes. Images may include but are not limited to partial plan views of roadway alignments, sketches of potential design elements and project images, and proposed roadway cross- sections. Images will be mounted for display at public input charettes. A conceptual magnitude of costs will be provided for alternatives presented. TASK 3 - PUBLIC PLANNING CHARETTES 3.1 Public Input Charettes It is anticipated that the design team will assist City staff with the preparation and implementation of two public input charettes. Organizational meetings will be held between the design team and City staffs prior to implementation, to gather necessary exhibits, secure appropriate venues, and coordinate agendas. It is rccommended that the charettes be interactive rather than static presentations in order to build a sense of community involvement. The design team will conduct the charettes and provide a memorandum of procedures and findings to assist with preparation of design plans. Findings and recommendations will be presented to City staff and Commission for concurrence prior to design activities. TASK 4 - DESIGN DEVELOPMENT 4.1 -Based on existing survey information, and information gathered in tasks 1-4, design development plans will be prepared for the redesign of South Gulfview Boulevard and Coronado Drive. Design development plans will utilize existing survey information, and existing City GIS data as a basis of design. Plans will include the following information as a minimum: • Existing right of way, pavement, and above ground utilities depicted in the existing survey. • Existing underground utilities derived from existing City GIS information. • Superimposed aerial information derived from existing City GIS information. • Proposed realigned horizontal roadway layout for South Gulfvicw Blvd. and Coronado Drive including the Hamden Drive intersections with Coronado & South. Gulfview. • Proposed patios, sidewalks, parking spaces, and other proposed paved areas. • Proposed landscape planting beds and hardscape areas. • Proposed roadway cross-Sections including dimensions. • Proposed utility relocations (graphic locations only). • Potential additional property requirements and sizes. • Proposed stormwater retention requirement locations. • Proposed signage and lighting design. 3 FACQMMOMClearwatcABcach Walkl.5copeslftevisedscopelo•I6•02,doe r TASK 5 --• CONSTRUCTION DOCUMENTS 5.1 Preparation of 60%, 90%, and 100% Construction Documents. Plans will incorporate Design Development information into progressive submittals incorporating City staff comments. Construction Documents will include the following information: All information shown on Dcsign Development Plans • Demolition plans identifying existing pavement and utilities to be removed or abandoned in place, • Site development plan including layout geonnetry for pavement and striping and site hardscape locations. • Grading and drainage platys and details • Water and sewer utility plans, and details • ' Hordscape and landscaping; plans, and details • Irrigation plans, and details • Project specifications • Engineers opinion of cost of selected design TASK 6 - PERMITTING The design team will prcpnrc and submit applications on behalf of the City of Clearwater to (lie following permit applications: • City of Clearwater DRC site plan review • Southwest Florida Water Management District ERP permit application • FDEP And Health Department water and sewer permit applications • NPDES Notice of Intent 3. BUDGET A maximum fee for the project of $500,000 has been established for this assignment. 4. SCHEDULE A project schedule will be derived from task 1.3 and provided to the City as Microsoft Project document. 5. STAFF ASSIGNMENTS J. Richard Claybrooke, P.E. - PBS&J - Peer review and QA/QC Dole Siska, AICP -- Project Planning Task Manager Alex Azu n, P.E. - Project Engineering Task Manager Keith Zayuc, P,E,, R.LA -- Keith Zayac & Associates, Inc. - Project management and Quality Control DKS Associates - Traffic Design Services 4 P.TOMMONTIcarwa' WrWeach Walkl.Rcopci\RcviscdreopcIO-Ib•A2.doc li .6.. CORRESPONDENCE/ REPORTING PROCEDURVIS Correspondence shall be sent to Mahshid D. Arnstch, RE, 7. INVOICING/FUNDING 11110CEI)IJIMS The'budget for this work is'n mnximum'of$300,000.00 based on actual time and direct reimbursable costs expended, Invoicing Method A, Cost Times Multiplier shall be used.. ' f City Invoicing Code: APPROVED BY,. . CITY OF CLEARWATER I'BS&1 Ben W, Doan, vice President <<E,' , DATE . DATE, .? ?? pz 4 1 11ACOMMONWIcorwolvlllacch Wr1k1ticopcs111cv1scdjcnhc10?16-02.dac N r q? A t"s fl x U. CO tv o UO) V a to rl I ? ti CNi, cm0 9 N N a40 OOi N °o S cb ? N N °ry o0 O N rl i0 ul S N c7 M Ed 0 r N N r ti + t7 Pi M m Ln rn M O M to r N m tn 4i W f` N tD N t ri m A ? C) m 0) C7 t o ti r m O M T~ C CO N O M ti st t: tO O CV al tt v, rn ft o q tr N V O 7 v N w CV w m H [V w c+') w N w tl1 r LD w h w M w M w N CA r N r w r o tai w N u7 M r O r m W) N c Ln m N r !Q +ir !? I- m Ln N A f` th U7 r w m LL H w N V? cA V? h #A N e .t?? N V p N O CD N O] ?t N O t0 N lA C] V' W ? l7 I O C7 RV tV P N w Ln Cl ? M r en N O N N7 co CD 0 to 00 to O r O (n p O 0 m gl r, ?.,, tf) r tD r r i? .? N N to cn N r m ? r in ? h q o 0 cn h h co t7 V et t0 IT ccl t7 p?j r O r U) Nr ? N O ti O ? N N co ? V Nr a v c rn r N r ? CO O ID N O N p S 0 cO V' O N C7 4 S O S - N U ?., w r c M * p . C7 M m 2' a [+? 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Final Agenda Item # 'w Agenda Cover Memorandum Meeting Dalo: 1117102 SUBJECT/RECOMMENDATION: Approve Blanket Water Main Easement from The Grand Bellagio at Baywatch Limited Partnership'to the City of Clearwater and Blanket Water Main Easement from The Grand Venezia at Baywatch Limited Partnership to the City of Clearwater. and that the appropriate officials be authorized to execute same. SUMMARY: The City is purchasing ($1.00 consideration) a 12-foot water main easement lying 6' on each side of all water mains, up to and Including all water hydrants and meters, but excluding any water mains that may lie under buildings or within 5' of buildings. The two easements represent different phases of The Grand Bellaglo apartment project and are necessary in order that the City construct and maintain water facilities to 'the project. Ravlowed b Originating Dept: Legal y (? Info Tech NA PWAIE. Barrett Budget NA Public Works sor Dept. Purchasln NA DCWACM g Risk Mgmt NA Other. Attachments Submitted by: All a Cit Mana er 0 None Printed on recycled paper 2168 Costs Total Funding Source: Capitol tnpNovemeni Current Fiscal Year oporotog . Other Appropriation Code: Rev. Return to: Leslie K. Dougall-Sides, Esq. City of Clearwater P.Q. Box 4748 Clearwater, FL 33758--4748 BLANKET WATER MAIN EASEMENT For and in consideration of the sum on One Dollar, cash in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived.therefrom; The Grand Bellagio at Baywatch Limited Partnership, a Florida limited partnership (the "Grantor") whose address is c/o Del American Inc., 474 S. Northlake Boulevard, Suite 1020, Altamonte- Springs, Florida 32701, does hereby grant and convey .to the City of Clearwater, Florida (the' "City"), an easement over and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A 12 foot water main easement lying six feet on each side of all water mains up 'to and including all water hydrants, and meters, but excluding any water mains that - may lie under buildings or within five feet of buildings, lying within the property described on Exhibit "A"'appended hereto (the "Easement Area"). The City shall have the right to enter upon the above described premises to maintain thereon such water facilities as currently exist or may hereafter be constructed and to inspect and alter such water facilities from time to time, provided however, water service shall not be interrupted to the fullest extent possible to the Property and provided further adequate notice shall be given to the Grantor with respect to any maintenance requirements, provided however in the event of an emergency, notice is not required to be given prior to the City performing work. If the Grantors future orderly development of the Property. or reconstruction of improvements currently situate 'on the Property is in physical conflict with the City owned facilities, the City shall, within sixty days after receipt 'of written notice from Grantor, relocate said facilities to another mutually agreed upon easement area located on Grantors premises, provided that prior to the relocation of said facilities, Grantor shall pay to. the City the relocation as reasonably estimated completion of the relocation the considered canceled as to the relocation. full expected cost of the by the City. Upon the easement herein shall be portion vacated by such The City agrees that it shall operate the facilities so as not to unreasonably interfere with Grantors multi-family development and the rights and privileges of guests, tenants, and subsequent owners of the building facilities as currently constructed thereon or which may hereafter be constructed thereon. If the City needs to perform any work of any nature with respect to the Easement, they shall first notify the GRANTOR except In the event of an emergency and accomplish sold work so, as not to interfere in any way or undermine any of the existing building structures. All of said work shall be done .In a manner so as not to interfere with the peaceful enjoyment of the Property by the GRANTOR, its guests, invitees. and tenants. Additionally, the City, subject to statutory limitations Involving sovereign 'Immunity, agrees to indemnify and hold the GRANTOR harmless from all cost, loss, damage or claims of any nature arising out of any work performed on the subject premises by the City. This Indemnity shall also Include any legal fees incurred by the GRANTOR in connection with defending any such cost, loss, damage or claims. To the fullest extent possible, all utility facilities shall be underground and to the extent there shall be any above ground facilities, the some shall require the reasonable approval and consent of the GRANTOR. If requested by Grantor after all utility facilities are installed, the GRANTOR, at Its cost, may prepare a metes and bounds legal description and substitute the same for the Blanket Easement provided hereunder and In sold event, .the City agrees to join into such documentation as Is necessary to evidence the specific location of the easement on the GRANTOR's property and the abandonment of the Blanket Easement granted herein. The City acknowledges that the easements granted herein are with respect to an operating apartment project and the'City agrees to utilize said easements to , create the least disturbance with respect to the GRANTOR, Its guests, Invitees and tenants, 2 EXHIBIT "A" LEGAL DESCRIPTION A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, South 89 degrees' 19'48" East, for 100.01 feet to the Point of Beginning; thence leaving said South line, North 01 degrees 26'21" East, for 5.00 feet; thence South 89 degrees 19'48' East, for 609.99 feet; thence North 01 degrees 26'21 " East for 344.37 feet; thence South 89 degrees 19'48" East, for 12.00 feet; thence North 0l degrees 26'2 1 " East, for 246.00 feet; thence South 89 degrees 19'48" East, for 263.00 feet; thence North 01 degrees 26'21 " East, for 572.00 feet; thence South 89 degrees 26'50" East, for 2233.19 feet; thence South 20 degrees 27'.10" East, for 217.25 feet; thence South 60 degrees 00'.00" West, for 566.48 feet; thence North 89 degrees 19'09" West, for 779.97 feet; thence South, for 189.83 feet to the point of curvature ofa curve concave to the Northwest; thence Southerly along the arc of said curve, leaving a radius of 54.00 feet, a central angle of 87 degrees 13'09", an arc length of 82.20 feet and a chord bearing of South 43 degrees 36'34" West, for 74.49 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36 degrees 55'37", an are length of 37.38 feet and a chord bearing of South 68 degrees 45'2 1 " West, for 36.74 feet to the point of reverse curvature of a curve concave to the North; thence Southwesterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39 degrees 42'28", an arc length of 44.35 feet, and a chord bearing of South 70 degrees 08'46" West, for 43.47 feet to the point of tangency; thence West, for 25.42 feet; thence South 55 degrees 05' 18" West, for 63.64 feet; thence West, for 96.27 feet; thence South 54 degrees 10'5 1 " West, for 17.03 feet; thence West, for 68.14 feet; thence North 38 degrees 08'04" West, for 12.67 feet; thence West, for 67.34 feet; thence South 35 degrees 48'2" West, for 134.85 feet; thence South 42 degrees 27'28" West, for 66.63 feet; thence South 10 degrees 5 P 19" East, for 10.82 feet; thence South 79 degrees 23'05" West, for 49.80 feet; thence North 1 I degrees 52'40" West, for 9.10 feet; thence North 78 degrees 23' 09" West, for 24.44 feet; thence South 78 degrees 50'4 1 " West, for 127.14 feet; thence South 56 degrees 01'58" West, for 40.45 feet; thence South 80 degrees 55'27" West, for 97.25 feet to a point of curvature of a curve concave to the Southeast; thence Westerly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34 degrees 19' 10", an are length of 140.16 feet and a chord bearing South 63 degrees 45' 52" West, for 138.08 feet to the point of reverse curvature with a curve concave to the Northwest; thence Southwesterly along the arc of said curve, having a radios of 74.87 feet, a central angle of 02 degrees 40' 04", an arc length of 3.49 feet and a chord bearing South 47 degrees 56'19" West, for 3.49 feet to the point of intersection with a non-tangent line; thence South 40 degrees 22'52" East, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing South 40 degrees 22' 52" East, and having a radius of 303.00 feet, a central angle of 00 degrees 31' 45", an arc length of 2.80 feet and a chord bearing South 49 degrees 2 P 15" West, for 2.80 feet to the point of reverse curvature with a curve concave to the North; thence Southwesterly along the are of said curve, having a radius of 125,00 feet, a central angle of 56 degrees 40' 40", an arc length of 123.65 feet and a chord bearing South 77 degrees 25'43 " West, for 118.67 feet to the point of compound curvature with a curve concave to the Northeast; thence Westerly along the arc of said curve, having a radius of 15.00 feet, a central ankle of 46 degrees 10', . O1 ", an are length of 12.09 feet and a chord bearing North 51 degrees 08'57" West, for 11.76 feet to the point of cusp concave Westerly; thence Southerly along the arc of said curve having a radius of 55.50 feet, a central angle of 118 degrees 44'08", an arc length of 115.01 feet and a chord bearing South 31 degrees 18'08" West, for 95.51 feet to the point of tangency; thence North 89 degrees 19'48" West, for 111.84 feet to the point of curvature of a curve concave to the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13 degrees 4313911, an arc length of 8.39 feet and a chord bearingNorth 82 degrees 27'58" West, for 8.37 feet to a point of reverse curvature with a curve concave to the South; thence Northwesterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 14 degrees 51' 42", an arc length of 9,08 feet and a chord bearing North 83 degrees 02'00" West, for 9.05 feet to the point of intersection with a non-tangent line; thence North 00 degrees 27'22" West, for 43.51 feet to the South line of said Section 20; thence along said South line, North 89 degrees 19'48" West, for 621.39 feet to the Point of Beginning. in witness hereof,'the Grantor and Grantee have caused this easement to be duly executed by it's proper officers thereunto authorized and it's seal to be hereunto affixed this day of 2002. C?` ?,??itl?Nrt /?,r?l.,?•::r' THE GRAND BELLAGSO AT BAYWATCH Vam c LIMITED PARTNERSHIP 00 BY: GBH,' LTD. . Name.: Sc.•f 1 me -rte BY: G NC i . By: Chris pher DelGui.dice _ '---- ` THE C F CLEARWATER, FLORIDA Name r % By W1 a B. H-14 m orne City Manager Name : Name : ``\\????1??NA 8lllll??l?r SQ.....A4 ATTEST: • ? er4s ? , w STATE OF FLORIDA ?. r p90fa1? Cyn is E. Goudeay, City Clerk ss. #Cc COUNTY OF tho ?;. !!1111 f-.,? The foregoing Instrument was acknowledged before me.this,J-., day of 2002 by Christopher DelGuldce, as President of GBB Inc., the general partner of GBB - Ltd„ which entity Is the sole general _partner-of_3he Grand Bellaglo at Boywatch Limited Partnership, rw6 Q.?j2?snoally knQwn to me or• who has produced as Identificatlon, 3 WITNESSES: ` NOTARY PUBLIC, State of Florida ' Print Name, Commission'No.: My: Commission Expires; STATE OF FLORIDA } COUNTY OF PINELLAS t. ' The foregoing instrument as 8cknowledded before me this / day of E ;V;'_ c rober , 2002 bywil].iatn B. Horne )ZIS k a? Y authorized, signatory of. The City of ?. Clearwater,, Florida who is ersonall known to : me or who h'as produced identlflcation. as 7t ,,?; ""?"""• Denise A Wilson j` MycomMISSION0 CC414107 E%P1RE?. ]une 18, 2004 of RONDE01HRUTROY WN11SUMICLWC- %tiR? NOTARY PUBLIC, State of Florida . . ? Print Name: ?glfo? ? , , . Commission No.? . r . ' My, Commission Expires: G:IDATAIDELGUIDI\A1-creek (Bellaplo•Venezla•Boywatch)1btanket easament to ptnellas from betlaglo ° 'J. .. ' s ' ref. • .. 4 Erll?i??.ill?lfi•h.;Ny,.a...«.r.- 3 .. .. .. ...1. ,,.. 'Ni.r.u,C:v.C}.ir'if w•!,'?i}•»a r-•v. ,,,..... ._, 1 ,.4 ..... . ,... ...... Return to: .Leslie K. Dougall-Skies, Esq. City of Clearwater + P.O. Box 4748 Clearwater, PL.33758-4748 BLANKET WATER MAIN EASEMENT For and in consideration of the sum on One Dollar, cash in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom; The Grand Venezia at Baywatch Limited Partnership, a Florida limited partnership (the "Grantor'") whose address is c/o Del American Inc., 474 S. Northlake Boulevard, Suite 1020, Altamonte'Springs, Florida 32701, does hereby grant and convey to the City of Clearwater, Florida (the "City'"), an easement over and across the following described land.lying and being situate in the County of Pinellas, State of Florida, to wit: A 12 foot water main easement lying six feet on each side of. all water 'mains up to and including all water hydrants, and meters, but excluding any water mains that may lie under buildings or within five feet of buildings, lying within, the property described on Exhibit "A" appended hereto (the "Easement Area"). The City shall have the right to enter upon the above described premises to maintain thereon such water facilities as currently exist. or may hereafter be constructed and to inspect and alter such water facilities from time to time, provided however, water service shall not be interrupted to the fullest extent possible,to the Property and provided further adequate notice shall be given to the Grantor with respect to any maintenance requirements, provided however in the event of an emergency, notice is not required to be given prior to the City performing work. If-the Grantors future orderly development of the Property or reconstruction of improvements currently situate on the Property is in physical conflict with the City owned facilities, the City shall, within sixty days after receipt of written notice from Grantor, relocate said facilities to another mutually agreed upon easement area located on Grantors premises, provided that prior to the relocation of said facilities, Grantor shall pay to the City the full expected cost of the relocation as reasonably estimated by the City. Upon the completion of the relocation the easement herein shall be considered canceled as to the portion vacated by j. such relocation. The City agrees that it shall operate the facilities so as not to unreasonably interfere with Grantors multi-family development . 'and the rights and privileges of guests, tenants, and-subsequent owners of the building facilities as currently constructed thereon or which may hereafter be constructed thereon. If the City needs to perform any work of any nature with respect to the Easement, they shall first notify the GRANTOR except in the event of an emergency and accomplish said work so as not to ..interfere in any way or undermine any of the existing building structures. All of said work shall be done in a manner so as not to interfere with the peaceful enjoyment of the Property by the GRANTOR, its guests, invitees and tenants: Additionally, the City, subject .to statutory limitations involving sovereign immunity, agrees to indemnify and hold the 'GRANTOR .'harmless from all cost, loss, damage or claims of any nature arising out of any work performed on the subject premises by the City.-. This indemnity shall also include any legal fees incurred by .the GRANTOR in connection with defending any. such cost, loss, damage or claims. To the fullest extent possible, all utility facilities shall be underground and'to the extent there shall be any 'above ground facilities, the same shall require the reasonable approval and consent of the GRANTOR. If requested by Grantor after all utility facilities are installed, the GRANTOR, at its cost, may prepare a metes and bounds legal description and substitute the same for the Blanket Easement. provided hereunder and in said event, the City agrees to join into such documentation as is necessary to evidence the specific location of the easement on. the GRANTOR's property and the abandonment of the Blanket Easement granted herein. The City acknowledges that the easements granted herein are with respect to an operating apartment project and the City, agrees to utilize said easements to- create the least disturbance with respect to the GRANTOR, its guests, invitees and tenants. _7_ in witness hereof, the Grantor and Grantee have caused this easement to be duly executed by it's proper officers thereunto authorized and it's seal to be hereunto affixed this ??- day of ?? , 2002. WITNESSES: THE GRAND VFNEZIA AT BAYWATCH Na LIMITED PARTNERSHIP ?.? BY: GVB, LTD. Name :' 5ear AW?'An-- " By: GVB, INC. By: hris op er DelGuidice ` THE C OF CLEARWATER, FLORIDA Name ' By, Name: William B. Horne II, City Manager Name : ,?;tlliltllt?lill?/f?y??r `??`?`'O,M BRq4f41* 4,?? ATTEST : i# 4 ' oo rj fiber.? e?p9 1 STATE OF FLORIDA ),..ss. ycc Mai ` ,. COUNTY, OF :; (}--'rU.: } ??''• g?ndad???q? Cynt is E. GOUdeau, City Clerk /I/iz? QLIc, STAB 0` The foregoing Instrument was acknowledged before me this./",, day of 2002 by Christopher DelGuidce, as President of CVB, Inc#he general partner of GVB, Ltd., which entity Is the sole. _generai parl'ner.. of .?The-Grand Venenia at •Bngwatch Limited Parntership W-o_ls__ personally.. known--to-m .=or who has produced as Identification. Y.? 3 1 I NOTARY PUBLIC; State of Florida Print Name: Commission No,: " My Commission Expires; STATE OF FLORIDA } ss. n COUNTY OF PINELLAS The foregoing instrument Wjq ,% gpeledged before:rYie this day of -October', 2002 by William B. Horne, as i r- and authorized signatory of The City of Clearwater, Florida who is personally known to Me-pr who has produced as Identification. DenlseAWilson ' .: WCOMM11SS10N/ CC914107 EXPIRES NOTARY PUBLIC, State of Florida s.,•:, f F Tune 16, 2004 50NDIDTH20TROY FAWWIUuwCLW_' Print Name: Commission No,: 1My, Commission Expires: S , GADATMOUGUIDIIAi-creek (Bellogb-Venezla•Boywotch)\blank©t easement to plnellas from belloglo I EXHIBIT "A" LEGAL DESCRIPTION A tract of land lying; within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Cernmence at the Southwest corner of said Section 20: thence along the South line of said Section 20, South 89° 19'48" East, for 721.40 feet; thence South 00° 27'22" East, for 43.51 feet to the Point of Beginning, said point also being; a point of intersection with a non-tangent curve concave to the South; thence Easterly along; the arc of said curve with a radial bearing South 00° 2715 l" East, having a radius of 35.00 feet, a central angle of 14 ° 51'42", an arc length of 9.08 feet and a chord bearing South 83 ° 02'00" East, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13 ° 43'39", an arc length of 8.39 feet and a chord bearing; South 82° 27'58" East for 8.37 feet to the point of tangency; thence South 89° 1948" East for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing; North 00° 40'13" East, and having; a radius of 55.50 feet, a central angle of 118° 44'10", and arc length of 115.01 feet and a chord bearing; North 31 ° 18'08" East, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing; North 61 ° 56'04" East, and having a radius of 15.00 feet, a central angle of 46° 10'01", an arc length of 12.09 feet and a chord bearing; South 51 ° 08'57" East, for 11.76 feet to the point of compound curvature with a curve concave to the North; thence Easterly along; the arc of said curve, having a radius of 125.00 feet, a central angle of 56° 40'40", an arc length of 123.65 feet and a chord bearing North 77° 2543" East, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along; the arc of said curve, having a radius of 303.00 feet, a central angle of 00 ° 31'45", an arc length of 2.80 feet and a chord bearing North 49 ° 21' 15" East, for 2.80 feet to the point of intersection with a non-tangent line; thence North 40° 22'52" West, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing North 40° 43'39" West, and having a radius of 74.87 feet, a central angle of 02° 40'04", an arc length of 3.49 feet and a chord bearing; North 47° 56'19" Cast, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34° 1910", an are length of 140.16 feet and a chord bearing North 63° 45'52" East, for 138.08 feet to the point of tangency; thence North 80° 5527" East, for 97.25 feet; thence North 56" 01'58" East, for 40.45 feet; thence North 78° 50'41" East, for 127.14 feet; thence South 78° 23'09" East, for 24.44 feet; thence South 11 ° 52'40" East, for 9.10 feet; thence North 79° 23'05" East, for 49.80 feet; thence North 10 ° 51'19" West, for 10.82 feet; thence North 42° 27'28" East, for 66.63 feet; thence North 35 ° 48'02" East, for 134.85 feet; thence East, for 67.34 feet; thence South 38° 08'04" East, for 12.67 feet; thence East, for 68.14 feet; thence North 54'l O"S I East, for 17.03 feet; thence East, for 96.27 feet; thence North 55° 05'l8" East, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39° 42'28", an arc length of 44.35 feet and a chord bearing; North 70° 08'46" Cast, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along; the arc of said curve, having; a radius of 58.00 feet, a central angle of 36° 55'37", an are length of 37.38 feet and a chord bearing North 68° 45'21" East, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along; the arc of said curve, having a radius of 54.00 feet, a central angle of 87° 13'09", an arc length of 82.20 feet and a chord bearing; North'43 ° 36'34" East, for 74.49 Net to the point of tangency; thence North, for 189.83 feet; thence South 89° 19'09" East, for 779.97 feet; thence South 60° 00'00" West, for 1333.52 feet; thence South 89° 19'48" East, for 209.91 feet; thence South 24" 54'45" West, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along; the arc of said curve with a radial bearing; South 52" 36111" East, and having a radius of 1577,45 feet, a central angle of 13° 22'27", an arc length of 368.22 feet and a chord bearing South 30° 42'35" West, for 367.38 feet to the point of intersection with a non-tangent line; thence North 89° 04'26" West, for 829.18 feet; thence North 00° 27'22" West, for 584.06 feet to the Point of Beginning and containing; 24.074 acres, more or less. {, y Vz e Clearwater City Conlniissioll Werksessian Item 11: ' 'M Agenda Cover Memorandum Final Agenda Item N Meeting 1late: SUB] ECTIRECOMM E N DAT I O N: Re-appoint Commissioner Hamilton to the Pinellas Planning Council, for a term of two years (0110112003 - 12131/2004), Q anti that the appropriate officials be authorized to execute same. SUMMARY: Commissioner Hamilton is the current representative serving a term to 12131102. . The board meets,on the 3rd Wednesday of the month at 9:30 a.m. The PPC requests to have the City's action on this appointment prior to 11115102. Reviewed by; Originating Dept: Costs Legal NIA Info Srvc N/A Offirial Records & Legisla v Total -0- Services Budget NIA Public WoUser Dept. Funding Source. Purchasing NIA DCMIAC Current FY -0- CI Risk Mgmt N/A Other Attachments OP Other Submitted by: City Manager ?d?.. X None Appropriation Code: PrtntM nn recvcted nane'r Rev, 2198 s 1 PINELLAS PLANNING COUNCIL COUNCIL MEMBERS Commissioner Nadine S. Nickeson, Chm. Vice-Mayor Janet Henderson, Vice Chm. Mayor Robert H. D1Nlcola, Treas. RECEIVED Mayor Robert Jackson, Soc. Mayor Jerry Boverland September 30, 2002 Councilmembor Sandra L. Bradbury ZW2 Mayor Tom De Cesare M I 07 Mayor Frank DiDonato, D.C. Councilmember Bill Foster Mr. William B. Horne, City Manager CITY MANAGER'S OFFICE School Board Member Max R. Gessner Commissioner Hoyt Hamilton City of Clearwater Commissioner Calvin D. Harris PO Box 4748 Mayor William B. Smith Clearwater, Florida 33758-4748 David R Healey, AICP Executive Director Re: Annointment of Representative to Pinellas Planning Council lr De Horne: This is to remind you that all current appointments to the Pinellas Planning Council expire on December 31, 2002. The Special Act governing the countywide planning process calls for all subsequent appointments to be made biennially, on or before January 1 of the year following the expiration of the term. The appointment to the Council will be effective for the two-year period, January 2003 through December 2004. Current members are eligible for reappointment, and I urge the City to coordinate this action with your current representative, Commissioner Hoyt Hamilton. It would be very helpful to our process if you could schedule this item for action by your City Commission and advise us of same prior to November 15, 2002. Thank you for your assistance. Sincerely, David P. Healey, A.I.C.P. Executive Director cc: Commissioner Hoyt Hamilton, Pinellas Planning Council Representative 600 CLEVELAND STREET, SUITE 850 - CLEARWATER, FLORIDA 33755-4160 TELEPHONE (727) 464-8250 - FAX (727) 464-8212 www,co.p1neI1as.fI.uslppc ?J APPOINTMENT WORKSHEET FOR COMMISSION MEETING November 7, 2002 Agenda # BOARD: Marine Advisory Board MEMBERS, 7 TERM: 4 years CHAIRPERSON: Thomas Horne APPOINTED BY: City Commission MEETING DATES: 2nd Wed., 8 am FINANCIAL DISCLOSURE: Not Required PLACE: Marina RESIDENCY REQUIREMENT: City of Clearwater APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: None DATE APPTS TO BE MADE: THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE .EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT'BY A NEW APPOINTEE. Date of Original Attendance Interest in Name Appointment' Record reappointment 1,. Dr. G Richard Safirstein 1998 3 Absences Yes 1.678 Cleveland St., 33755 (1 year) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 'Name-Address Comments-Related Experience, Etc. 1. Charles Cashman Sales Manager, Gulfwind Marine 1462' Excalibur Dr., 33764 Zipcodes of current members on board: 2 at 33755 1 at 33761 4 .at 33767 i CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARD (must be Clearwater resident) ?? Name: 4G• Home Address: !6 ?Azo4&VP CL5-q-: zi Telephone: _--/9 _ _...__....,.,_.._ Office Address: 6" 1!9 T*- (V - '? @_ o zi 3 3 Q Telephone: - d How long a resident of Clearwater? Occupation: 449r IPAO tI WA7 - Employer:- , 4)= Field of Education: Other Work Experience: . & ^ t SA: If retired, former occupation: Community Activities: Pl A kml, Additional. Comments: ;0-/- #1 0! ZW,- . b -?.x- Date: 7 d Signed: See 'attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue Board Service (current and past): Board Preference: BOARD QUESTIONNAIRE 1. What is your undderstanding of the board's duties and responsibilities? ALLic , 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board?? /504a/ / WKM5A X i- ye. -- V, %f 6- 4. Why do you want to serve on this Board? e-T~ J. .-- -- - . r 101 Name&•1&ff/'11 F-+ilZ Willy' Board Name: IV , ?,,.? 02/05/1998 16:20 6135356144 JgN-M-1998 10:42 CLERRWRT£R CITY CLERK PAGE 01 613 564 4035 R. a,2rcwD,? CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name:__ Dr. G.- Richard Safirstein Home Address: 1678 Cleveland St. Office Address: 2700 E. Bay Dr. #102 Clearwater, Fl. Largo, F1. ZI 33755 Z19--3 3.7 71 Telephone: 446-1696 Telephone: 535-3800 How long a resident of Clearwater? 21 years Occupation: Orthodontist Field of Education: Chem-Bi.o. Tufts College, Dentistryr Tufts University Employer: self Other Work Experience: US Navy, 191L-1958 _Practiced in Morristown, Ni, 1960-8/7f Orthodontics, Univ. of Buffalo If retired, former oaaupation: Community Activities: Coached Largo Little League, '77, Taught Water Safety and other swimming courses, American Red Cross, Hoard Member, Clearwater YMeh !*be 'q9'*7--eftr!Y 48'S Other Interests: Amateur Radio, Photography Board Service (current and past): Various professional boards Board Preference; and Cleawater YMCA Marine Hoard Additional Comments: Signed: ate: A February, 1998 r See attached list for beards that re wire Financial Disclosure at time of appointment. Please return lhis'application & board questionnaire for each board tlstGd to: City Clark's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 192 S. Osceola Avenue ( q t (C7 V -6 VVI No\j. 2 TOTA„ 3, 10 02/17/1998 14:10 8135356144 PAGE 01 FE8-09-1939 09147 CLEARWATER CITY CLERK 813 5S2 40a?; a, ?.:0?2 BOARD QUESTIONNAIRE 1. Whet 18 your understanding of tho board's duties and responsibilities? To make suggestions to the professional staff and commission i o s to th2ir a eat f r input 2. Have you ever observed a board mucting either in person or on C-View, the City's TV station? Yes to both 3. Whet background end/sir qualifications do you have that yoU feel would qualify you to serve on this Board? 1 have had a sailboat in the municipal marina since 1977. E am a full certificate holder (all courses) of the US Power Squadrons (not now a member), member of Suncoast "N" Club, hold a largely unuse USCG ix-Pack' Capta n s License, Have taug t Life Saving and Water Safety for the American Red Cross, and come from a family to over the water. y ma er e s me at g 6and her mother used to swim in New York Harbor (ugh), my own adult children are w e a r MY - c n o rest a in . or arolina (on La} Norman) and in Columbus, Ohio. T believe the Clearwater Marine Area is a r on e part of many people; it should be kept that way. 4. Why do you want to servo on this Board? To perhaps put something "back" from what I have received. f Name:. G. Richard Safirstein Board Narnc:__ arj ATT. Sally T3T4- - :k?_ CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: Charles A Cashman Home Address: 1462 Excalibur Dr. Clearwater, FL Zip33764 Telephone: 524-2862 How long a resident of Clearwater? 20 years Occupation: VP- Sales/ GM Field of Education: 2 YRS SPJC 2 YRS U of F If retired, former occupation: Community Activities: Office Address: 18025 US19N Clearwater, FL33764_ Telephone: 536-9480 x114 Employer: Marinemax-Gulfwind Other Work Experience: 8_ yrs in construction management ,Other Interests: Boating, Scuba diving, Fishing Board Service (current and past): Wife is on the Parks and Rec board Board Preference: Marine Advisory Board Additional Comments: Signed: Charles A Cashman (by email) Date: 6/29/2000 See' attached fist for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue FICEIVD JUN CITY CLSRK DEPARTMENT BOARD QUESTIONNAIRE 1, What is-your understanding of the board's duties and responsibilities? understand that the Boards duties will involve issues dealing with the local marine community specifically areas of potential development and conservation responsibilities. I feel very well suited for this as I am in the marine business and have a strong background in marine biology. 2. Have you ever observed a board meeting. either in person or on C-View, the City's TV station? Yes, I have had two family members on different boards, so I am familiar with the board meetings 3.What _back-groun_d_and/or qualifications do you have that you feel-would qualify you to serve on this Board? I have 8 years invested in the Marine business, specifically as a boat retailer. I have dealt with numerous dock issues, environmental issues and have state-wide experience with just about every marina in Florida. I have a vested interest in preserving one of our most precious assets along with the business sense to realize that it is a big part of what draws people to our area. 4. Why do you_want _to_serve on this Board? I want to ensure that the decision makers on the board have a voice that is " pro marine business" and at the same time " pro environment" which I think is rare to find that type of person, and I am that type of person. I am sensible, reasonably intelligent, and dedicated to giving of my time to help the community Name: Charles A Cashman Board Name: Marine Advisory Board RECEiVED ? . non -011Y CLERK DEPARTMENT APPOINTMENT WORKSHEET FOR COMMISSION MEETING November 7 2002 BOARD: Neighborhood and Affordable Housing Advisory Board {NAHAB) TERM: 4 years APPOINTED BY: City Commission FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater STAFF LIAISON: CHUD MEMBERS: 7 Agenda #A?2&? CHAIRPERSON: Stephen Jefferies MEETING DATE: As Called PLACE: Determined when called APPTS. NEEDED: 2 DATE APPTS TO BE MADE: ASAP SPECIAL QUALIFICATIONS: Board to have 1 member in each: Residential Bldg Industry and/or those areas of labor engaged in residential bldg industry; banking/mortgage industry; advocate for low income housing; provider for low income housing and/or real estate industry; resident from one of the City's Neighborhood Revitalization Strategy areas; City resident; and resident East Clwr area. THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Interest in Name Appointment Record reappointment 1. Vacant Seat - City resident person appointed will start immediately to complete term to 4/30/06 2. Vacant Seat - Residential Bldg. Industry and/or labor engaged in Residential Bldg Industry person appointed will start immediately to complete term to 4/30/06 THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Name-Address Comments-Related Experience, Etc. City resident: 1. Traci Reid 1176 Palmetto St., 33755 Detention Corporal Residential Bldg. Industry and/or labor engaged in Residential Bldg Industry None at this time Zipcodes of current members: 2 at 33755 1 at 33761 2 at 33765 2 vacant CITY OF CLEARWATER - APPLICATION FOR ADVISORY B A, DS (must be Clearwater resident) UVT () 7 -7? ?-- Name: F fcx-c?. C.. Home Address: ?wlu .% czArv--?e- ? - 0 Alas Ua e? I'-) np,:?)3 -) St5 Telephone: 1- How long a resident of Clearwater?_ Occupation: Field of Education:. Office Address: Zi Telephone: ?. Employer J Other Work Experience: r?? 2 / Lei nr? r? ?I? if retired, former occupation: Community Activities: .--n „ .. _..._ other Inte Board Service (current and past): Board Preference: wm--A(3 Additional Comments: -? `Y1 '- tg n ed: 'Date: ?- ;,P " ?- . ..., .?? See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue BOARD aUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? A ?-o ?(-Qa? t 2, H `e?yu ever observe a b and m either p son orlon C-1 w, th City's TV station? ?S il??aYl Mme. u p\e rvi U=L-5 ' 1 3. What background and/or qualifications o you have it at you feel would qualify you to serve on this Board? -?n, i1x re_ 16 (JVV C' -QC-n(-Skg-- LUWA---?L( [L IMA -1 Lc ?t1C rWz J 4. Why do you want to serve on this Board? Name: Board Name: o r. Cle,a?a ear U • 1 • City Attorney's Office Memorandum TO: Honorable Mayor and City Commissioners FROM: Pamela K. Akin, City Attorney RE: WTAN Radio Station } DATE : October 25,. 2002 'e r i BRIEF SUMMARY: The 1W1'AN radio tower was recently relocated by the owners and now encroaches on city property. This encroachment interferes with construction related to the new Memorial. Causeway Bridge. It poses. a safety hazard to construction workers and will ' increase construction costs because of its encroachment onto construction easements and rights-of-way. Requests to the owners to voluntarily move the tower have proven fruitless. ' Authority is sought to file an action against WT AN and its owners to force them to relocate the tower onto their property. PKA:d h • f Copies: ` William B. Horne, II, City Manager ' 1 I Goudeau, C zndie From: Tarapani, Cyndi Sent: Wednesday, October 23, 2002 3:06 PM To: Wilson, Denise A.; Phillips, Sue; Harriger, Sandy; Akin, Pam; Goudeau, Cyndle; Brink, ` Carolyn Cc: Dewitt, Gina; Fierce, Lisa; Clayton, Gina; Kephart, Richard; Mariano, Marc Subject: Confirming Dates for Special CC meetings on Downtown I believe that these dates will work on everyone's c:dendars for the Specia.1 Nleclings on Downtown. Please consider.these the Final dates unless, I hear otherwise from anyone. December. 4 from 1:30-3:30 pm F, Strectscape Design/ GAteways/ Character Districts ! February 28 from 941 am ! Land Use Plain/ XVaterfronf and Open Space Plins. € 'k •Nfarch 21 from 9-11 am' Redevelopment Capital Projects Thanks fonyour help: Cyndi Tarapani Planning Director (727)562-4517 ' ctarap m@clearwater-fl.com ,i I ?Clearwater City Commission Worksession Item Agenda Cover Memorandltnl Final Agenda Item It Meeting; Date: 1117102 . SUBJECT/RECOMMENDATION: Approve a five year agreement from December 1, 2002 -W November 30, 2007, between the City of Clearwater and the Boys and Girls Club Inc., for the use and supervision of the Wood Valley Recreation Center, 0 and that the appropriate officials be authorized to execute same. SUMMARY: • The Wood Valley Recreation Center has been operated by the City of Clearwater for over 25 years. This Center is located on Park Trail Lane just east of the entrance to Moccasin Lake Park. • A very active neighborhood association has supported this center and surrounding park since its inception. Staff met with residents on September 9, 2002 and October 14, 2002 to discuss the proposed change to have the Boys and Girls Club operate the center. Resident concerns included: -lack of a process that would allow community objection to maintain the status quo, and the Boys and Girls Club requirements for membership cards and an anticipated $10 - $15 annual fee. •. During the budget process it became apparent to staff that some internal changes were necessary in order to fund the operations of the larger recreation complexes i.e. North Greenwood Recreation/Aquatic Complex and Ross Norton Recreation/Aquatic Complex. • Since Wood Valley Recreation Center was the last small neighborhood center programmed and operated by the city, staff recommends that an agreement with the Boys and Girls Club Inc. be approved so that the center can still be,operated in this neighborhood. Without this approval or similar approval with an outside agency the center will be closed down. This recommendation is not unique in that over the past 20 years resources have been shifted from all of the smaller recreation centers and playgrounds (Fred Counoyer, Halt Ave. Recreation Center, jasmine Courts, Woodgate Park, Del Oro Park, etc.) to fund a more comprehensive recreation program to meet the needs of a citywide system. At Holt Ave. and Jasmine Court the city was successful in helping these centers obtain another provider to do programming. Under this agreement the Boys and Girls Club will provide the following services: Conduct educational, recreational, cultural and motivational programs for the benefit of neighborhood and Clearwater area youth, adults, and families. D Conduct programs similar to those currently being offered at Wood Valley including open center hours for free play, organized games, playtime, intramurals and child developmental activities., Y Facilitate and support community meetings and activities and for use as a voting site. Provide Agency personnel and assistance in monitoring,' supervising and programming the outside facilities at the center. Provide all staff, materials and supplies, and operating expenses associated with the Center including but Reviewed br'- legal _ Budget NA Purchasing NA Risk Mgmt , Info Srvc NA Public Works DCWACM Originating Dept: Parks & Recreation De Kevin E. Dunbar, Direct _ Costs Total 0 Funding Source: Cl OP Othor Submitted b b.,s?, AU? ? City Manager printed nn racvcled nonar User Dept: Parks & Rect Attachments 0 None Current FY Rev. 2198 ' I not limited to electricity, water, sewer, custodial, sanitation and minor building'and maintenance. • ' The Agency.will be required to provide an annual report of activities consisting of the number of clients served, costs of such service, commentary on the viability, effectiveness, and trends affecting the program and success of it. Accounting of funds received from the City for these programs will be required. • Under this agreement the City will provide the following: ? Lawn, landscape and ballfield maintenance for all areas around the Youth Center. Maintenance for all major capital components of the building,- to include air conditioners, roof, plumbing, electrical, etc. A Maintenance for playground equipment and other outside facilities i.e. basketball court, tennis courts and ballfield. Use of existing furnishings in the building i.e. game tables, chairs, tables and desks. j No other in-kind services, supplies, labor, equipment, or funding, whether on loan or for consumption, will be granted to the agency. ' A copy'of the agreement is available for review in the City Clerk Department. 1 r ` 1 1 J. 2 ,n?i.tua.:.W'axwwe.+•..w. w.l . --,'- -- ..•. ... iv ..r....- .?i .. ,. ' ------ - PR13 AGREEMENT This Partnership and Operational Support Agreement is made and entered into between the City of Clearwater, whose address is: Attn: Parks and Recreation Director, Post Office Box 4745, Clearwater, FL 33758-4748, hereinafter referred to as the City, and Boys and Girls Club, Inc., whose address is: 5111 66'h Street North, Suite 200, St. Petersburg, FL 33709-3141, referred to as the Agency. WHEREAS, it has been determined to be highly desirable and socially responsible to provide activities to build and fdster the confidence, educational, recreational and social skills and good habits in young people, adults and families; and WHEREAS, the City desires to provide recreation programs and activities as a means to help young people, adults and families; and WHEREAS, the City has provided said programs and activities at the Wood Valley Recreation Center for over twenty years and desires to continue offering recreational programs at Wood Valley Center; and WHEREAS, the Agency has established programs that provide educational, motivational, recreation and cultural activities for youth, adults and families throughout the United States.and more specifically in Pinellas County at Jasmine Courts; and WHEREAS, the Agency desires to partner with the city in providing recreational programs; and WHEREAS, the City owns the Wood Valley Recreation Center Building, hereinafter referred to as the Center, located at 2816 Park Trail Lane and NOW, THERFORE, the parties agree as follows: ARTICLE 1. TERM The term of this agreement shall be for a period .of 5 years commencing on the 1 st day of December, 2002 and continuing through the 30"` day of November, 2007 (the Terinination Date) unless earlier terminated under the terms of this agreement. ARTICLE II. RESPONSIBILITIES OF THE AGENCY 1) Services to be Provided: One of the Agency's goals shall be to provide duality programs and to increase the number of programs and services provided at Wood Valley. a) Programs: Conduct educational, recreational, cultural and motivational programs at the Center for the benefit of neighborhood and Clearwater area youth, adults, and families. Some of the core programs to be provided are as follows: i) Recreation programs similar to those currently being offered at Wood Valley ii) Open center hours for free play iii) Organized games, playtime and intermurals iv) Child development activities v) Facilitation and support of community meetings and activities vi) Educational classes vii) Hours ofoperation open to the public shall be increased from current schedule now being off'ercd by the City viii) Facilitation and support for use or center as a voting site b) Assistance to the City: Provide Agency personnel and volunteers to operate and supervise activities and special programs at the center building and other recreation facilities including the basketball courts, tennis courts, playground and ballficlds. c) Supervision of Recreation Grounds: Supply the necessary leadership and supervision for the conduct of participants utilizing the recreation grounds adjacent to the Youth Center. d) Supervision of other Facilities: Monitor and scledule the use of other city facilities at Wood Valley Park if needed. 2) Area to be Served: Services rendered through this agreement shall be provided within the corporate limits of the City as it now exists and as its boundaries may be changed during the term of this agreement. The primary target participant group shall reside in areas of the city within a two mile radius of the center. 3) I.tse of Wood Valley Recreation Center and Parlc: a) No Illegal Use. The Agency promises and agrees that they will make or allow no . unlawful, improper or offensive use of the premises. Further, the Agency understands and agrees that this provision specifically. prohibits, among other acts, the sale, consumption or use of alcoholic beverages or controlled substances anywhere in, on or around the Center and those adjacent areas used by the Agency. b) Rules for Use. Rules and regulations governing the use of the Center may be established by the Agency, providing they are not in conflict or inconsistent with the ordinances, policies or operating rules of the City or of this Agreement. Such rules and regulations developed by this Agency may provide for and allow reasonable user fees, c) Inspection by City. The Agency understands and agrees that the'Center premises may be entered and inspected at any time by the City's officers, agents and employees, The City shall notify the Agency at least 48 hours prior to any inspections. d) General Adherence to City Ordinances. Notwithstanding; any limitations implied by the.provisions above, the Agency promises to observe all City ordinances. 2 e) Signage. The Agency may place in identification sign on the center or in the park according to city codes with approval from the city at the Agency's expense. 4) Maintenance of the Premises by the Agency. a) Custodial Maintenance, The Agency shall maintain the Center and adjacent areas used by the Agency in a clean and orderly condition. b) Repair of Damage. The Agency understands and agrees that it is responsible for and will cause to be repaired at the Agency's expense damage to the premises other than normal wear and tear or vandalism. 5) Payment for all operating expenses: The Agency is responsible to pay all operating expenses associated with the Center including but not limited to electric, water, sewer, custodial, sanitation and building maintenance. 6) Payment of Fees and Taxes. The Agency shall obtain all required licenses at its own expense and shall pay all required taxes necessary to the Agency's operation at the Center. 7) Scheduled Reports of Agency Activities: a) The Agency shall furnish the City Parks and Recreation Department, with an annual report of activities conducted under the provisions of this agreement within sixty days of the end of the Agency's fiscal year. Each report is to identify the number of clients served, the type of activities, programs offered and costs of such services. b) The Agency agrees to submit progress reports and other information in such format and at such times as may be prescribed by the City, and to cooperate in site visits and other on- site monitoring (including, but not limited to, access to sites, staff, fiscal and client records, and logs and the provision of related information). 3) Creation, Use, and Maintenance of Financial Records: a) Creation of Records: Agency shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities of the Agency. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representatives. b) Use of Records: Agency shall produce such reports and analyses that may be required by the City to document the proper and prudent stewardship and use of the facilities. C) Maintenance of Records: All records created hereby are to be retained and maintained for a period not less than five (5) years. 9) Non-discrimination: Notwithstanding any other provisions of this agreement during the term of this agreement, the Agency for itself, agents and representatives, as part of the consideration for this agreement, does covenant and agree that: a) Nondiscrimination: Agency agrees that no person shall, oil the grounds of race, sex, handicap, national origin, religion, marital status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider,' except that programs may designate services for specific client groups as defined in the application. Agency agrees to maintain reasonable access to handicapped persons. b) 'Inclusion in Subcontracts: The Agency agrees to include the requirement to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approval sub-contracts. e) Breach of Nondiscrimination Covenants: In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this agreement. 10) PublieiAng of City Support: Agency agrees to utilize every reasonable opportunity to publicize the support received from City. Agency further agrees to supply City, up to three copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by city. 11) Liability and Indemnification: The Agency shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability, and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence or willful misconduct of the City or City's agents or employees. This includes, but is not limited to matters arising out of or claimed to have been caused by or in any manner related to the Agency's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Agency in or about its premises whether or not based on negligence. 15) Insurance. The Agency shall procure at its expense and maintain during the term of this Agreement insurance as shown below: a) A Comprehensive General Liability policy covering claims for injuries to persons or damage to property which may arise from or in connection with use of the Youth Center premises by the Agency including all activities occurring thereon. b) A Business Automobile Liability Policy covering claims for injuries to persons or damage to property that arise from or in connection with use of a motor vehicle owned by the Agency. c) Insurance procured in accordance with sections 15 (a) and (b) shall have minimum coverage limits of $500,000. d) Each insurance policy issued as a requirement of this Agreement shall name the City of Clearwater as an additional named insured. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. e) The Agency shall furnish the City with Certificate(s) of Insurance with all endorsements affecting coverage required by this section. 't'hese forms shall be received and approved by the City's Risk Manager before execution of this Agreement by authorized City officials. ARTICLE III. RESPONSIBILITIES OF THE CITY 1. Grant of Funds. No funds are a part of this agreement. 2. Grant of In-Kind Services: a) The City agrees to provide lawn, landscape and ballfield maintenance for all areas in the park and vround the Center. b) The City will provide maintenance for all major capital components of the building including air conditioners, roof, painting, plumbing, electrical, etc. c) The City agrees to maintain playground equipment and other outside facilities i.e. basketball court, tennis courts and ballfield. d) The City will not provide any other additional in kind services, supplies, labor or equipment whether on loan or for consumption to the Agency. e) The City will allow. the Agency to use existing furnishings on site i.e. game tables, chairs, tables and desks. The Agency will be responsible for maintenance and replacement of items if needed. f) The City will remove all operating supplies, i.e. balls, arts & craft materials, TV's, VCR, etc. prior to start of agreement. ARTICLE IV. DISCLAIMER OF WARRANTIES This'Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified, or discharged except by written Amendment duly executed by both' parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. AR'T'ICLE V. TERMINATION 1. For Cause: Failure to adhere to any of the provisions of this agreement as determined by the City shall constitute cause for termination. This agreement may by terminated with 30 days written notice without any further obligation by City. 1! 2. For Municipal Purpose: The City may terminate for any municipal purpose by giving 90 days written notice. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions of this agrccmcnt shall be conclusively deemed to have been received by a party hereto on the date it is Band-delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or ifsent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1. If to City, addressed to Parks and Recreation Director, I'.O Box 4748, Clearwater, FL 33758 2. If to Agency, addressed to ARTICLE VII. EFFECTIVE DATE The effective date of this agreement shall be as of the first day of December, 2002. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day, of 2002. Y Countersigned: CITY OF CLEARWATER, FLORIDA By: Brian J. Aungst William B. Horne, II Mayor-Commissioner City Manager ??PPr ved asAo for Attest: en iifer'A. Simon Cynthia E. Goudcau i A/ssist nt City Attorney City Clerk r. BOYS AND'GIRLS CLUB INC. By: Printed Name: Executive Director 6 i O ' N CL 1 , CL) a CL c aE? CL o T ?c c N a y . m F L c s? p C 0 0 ul 19 4 d ? E N w N N .. ? L N w ?. D I n a m ?.O 0 a) G E ?E 0 D D L N N U t?f N -0 m CA D CL > C vn C c t E M wain c 0 Lo w0 a cc c) M E ? CL'2 °1 CIL E .. ms ] m ro e CL A!, IN a m = m o L) ? ?mE $ c0 -0 C) L C7? u? O v •?? Naro 3 rnw ?. E L aEm ?? 0WW E E w roo Oa 12 =0 .0 c8a ?a f $.. r a m ern c 46 E2 E m? °o H ti w a e o w G E E naa ?i E D E a E C E Eg ti _rn a) .... N *•+ t O C I L (n 12- , c ».. CL 'S .S n En x d A E y r- m=2 -a c e e E U M > LA N ? Eva s c, _ a. n O. a C .0 co ) ° ° U u yy N O'a N O ad D .... LD?O?ro8o _ a t5 4/ C N in N a N Q? O 19 C V1 m? CL.? CL cfA ?o?$ in ` ., ¢ pj{ 6I U C, ' C .0 41 U ' E L m a?i a N W U? 5 o - to p? C t? U) E 41 tlf c0 +J N.N.. "a ?,i :M :g _ d F ZEE: N W :+ D D G E N a in CwI O N o < ILL mcv¢ Ec)0- ?uJ w0? 0LC.c)u_uJ a ?tL:E(? L ' D . L. • r • • • • • • • ? c" o • • • • • • • • • a di • • • • O u 65 a ?. O CI. ? v 0 c D -0 D D O E ? N 0 16 ti. X 5 ? N ? ? m N 2? n sa m a 4 O m C7 D E cc U 'c . o .., N O? D E t _ E E O a rn I ca N U n rn r? ? L LO 'In E cd O C N D °1 0 L L? Uc2Q?` w c0 L ?? :3 otf ;? •s .9 c w U a E c 19 s m ?0 , 3 ro ;! QMQ0. rL 2cor4 a iri ro in r4 c: U) R ? Ec) a y o aci m ?rxM L r c D ` . • • • • • • •. , • . N • 0 12 a. 0 Work Session Item #: Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # Meeting Date: 11/07/02 SUBJECT/RECOMMENDATION: Adopt Resolution 02-48 allthorizing the City to enter into an agreement with CSX Transportation, Inc., for installation of two (2) 8" water mains and two (2) 4" fiber optic cable conduits in the CSX right-of-way as part of the Myrtle Avenue Drainage and Roadway Improvement project; and approve Pipeline Crossing Agreement Nos. CSX-044171 and CSX-044172 and Wireline Crossing Agreement No. CSX-044173, ® and that the appropriate officials be authorized to execute same. SUMMARY: • A work order for consultant services was approved on 12/13/01 for design, preparation of construction plans, permitting and limited construction management for the Myrtle Avenue Drainage and Roadway Improvement Project. As part of this project the City desires to construct two (2) 8" water mains and two (2) 4" fiber optic cable conduits. • The 8" water main crossings and 4" fiber optic cable conduits are located where the CSX Railroad intersects Myrtle Ave, approximately 0.75 miles south of Marshall St. e CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide the terms and conditions associated with placing a pipeline and wireline underneath their railway system. • The cost to the City will be $1200.00 for a one-time encroachment inventory fee and $2500.00 for a Construction Risk Fee for a total cost of $3700.00. • Sufficient budget and funding are available in 315-92553-565400-541-000, New Signals for the $1,600.00 in fees for the fiber optic cable conduits and in 315-96744-565200-533-000, Water System Expansion for the $2,100.00 in fees for the water mains. A copy of the Agreements are available for review in the City Clerk's office. Reviewed by- Legal J?/)0, 7 Budget Purchasing Risk Mgmt NIA Info 5rvc NIA Public Works DCMIACM Finance A Submitted by. City Manager '? Prlntad on reeveled over Originating Dept: PW Admin (B,Barker) User Dept. Attachments Resolution 02.48 Costs: Total $3,700 Funding Source, Current FY CIP X OP Other Appropriation Code: 315-92563.565400.541-000 $1,600 316-96744.668200.533-000 $2,100 /.") ? CSX Myrtlo ? 10111 RESOLUTION NO. 02-48 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF PIPELINE AND WIRELINE CROSSING AGREEMENTS BETWEEN THE CITY OF CLEARWATER AND CSX TRANSPORTATION, INC., FOR THE INSTALLATION OF TWO (2) 8" WATER MAINS AND TWO (2)-4" FIBER OPTIC CABLE CONDUITS WITHIN CSX RIGHT-OF-WAY, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City authorizes the execution of Pipeline Crossing Agreement Nos. CSX-044171, CSX-044172, and Wireline Crossing Agreement No. CSX- 044173 and agrees to the terms and conditions of the agreement, copies of which are attached hereto, and WHEREAS, CSX Transportation Inc. has agreed to allow the City to install two (2) 8" water mains and two (2) 4" fiber optic cable conduits within their right-of-way in the vlcinity of Myrtle Ave, as stated within the terms of said agreement, and WHEREAS, the City.Manager of the City of Clearwater is hereby authorized to sign the agreement described in this resolution. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby accepts and approves the Pipeline Crossing Agreements and Wireline Crossing Agreement between the City of Clearwater and CSX Transportation, Inc., allowing the City to install a two (2) 8" water mains and two (2) 4" fiber optic cable conduits within CSX right-of-way. Section 2. This resolution shall take effect.immed lately upon adoption. PASSED AND ADOPTED this Ap proyed as to for: ?-? r? Ruff' Assistant City Attorney day of , 2002. Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Resolution No. 02-18 i AGREEMENT CHECKLIST Agreement Number: CSX-044171 Please perform the following when executing the attached Instrument: X Sign the signature page In order to execute the agreement. One of the following should apply: Execution on behalf of a CORPORATION should be accomplished by the President, Vice President or an officer authorized by Board Resolution to execute legal documents on behalf of the Corporation. (Copy of Board Authorization should be furnished for anyone signing, other than the President or Vice President. If the Corporate name Is set out erroneously in the Agreement, the document should be executed and the name corrected and initialed where it appears. (Municipal Corporation, furnish copy of such Resolution.) If Agreement is with an INDIVIDUAL, that individual should sign the Agreement exactly as the name is set out In the caption of the Agreement. If the name Is set out erroneously in the Agreement, the document should be executed and the name corrected and initiated where it appears. If the Agreement is with a PARTNERSHIP, all general members of the partnership should execute the document unless one member of the firm has been designated managing partner or expressly by the partnership to execute the Agreement, (Famish copy of such authority.) X The signature(s) must be WITNESSED by ONE (1) witness In the space(s) provided. X NAME(S) and TITLE(S) of person(s) executing the agreement, must be typed or printed in ink directly beneath signature(s). X Social Security Number Is required if Agreement Is with an INDIVIDUAL, if Agreement is with other than an INDIVIDUAL, a Tax Identification Number is required. ' X Fumish Certificate of Insurance which states "CSX Transportation, Inc. as additional insured " which Is required under the INSURANCE Article, to Speed Code J180, 500 Water Street, Jacksonville, FL 32202. Questions regarding the insurance requirements should be directed to CSXTs Mr. W. D. Tyler, Manager Risk Management (904) 633-5090. X Initial and date each rider attached to the document following the signature page. X In returning the Agreement, please furnish the following fee(s) set out in the.Article(s) described within the Agreement: One-time Encroachment Inventory Fee (refer to FEE's Article) .. Construction Risk Fee (refer to INSURANCE Article) $300.00 $750.00 TOTAL DUE $1,050.00 CSXT Form 2037G - Page I Revised May 2002 o Agreement No. CSX-044171 PIPELINE CROSSING AGREEMENT . THIS AGREEMENT, Made as of October 1, 2002, by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and CITY OF CLEARWATER, a municipal corporation, political subdivision or state agency, under the laws of the State of Florida, whose mailing address is 100 South Myrtle Avenue; Suite 220, Clearwater, Florida 33758, hereinafter called "Licensee," WITNESSETH: WHEREAS, Licensee desires to construct,' use and maintain a pipeline, solely for the transmission of potable water, hereinafter called "Pipeline," under or across the track(s) and property owned or controlled by Licensor at or near Clearwater, County of Pinellas, State of Florida, located at Valuation Station 1350-61, Milepost SY-874.25, Clearwater Subdivision, hereinafter called the "Crossing," as shown on print of Licensee's Drawing JL044171, dated April 3, 2002, attached hereto and made a part hereof, other details and data pertaining; to said Pipeline being as indicated on Licensee's Application Form, dated October 1, 2002, also attached hereto and made a part hereof; NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and agreements herein contained, the parties hereto agree and covenant as follows: 1. LICENSE: 1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and authority to do so, and its present title permits, and subject to: (A) Licenser's present and future right to occupy, possess and use its property within the area of the Crossing for any and all purposes; (B) All encumbrances, conditions, covenants, easements, and limitations applicable to Licensoe's title to or rights in the subject property; and (C) Compliance by Licensee with the terms and conditions herein contained; does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter or change said Pipeline at the Crossing above for the term herein stated, and to remove same upon termination. 1.2 The term Pipeline, as used herein, shall include only the pipes, ducts, casing, vents,. manholes, connectors, fixtures, appliances and ancillary facilities devoted exclusively to the transmission usage above within the Crossing, and as shown on attached Application Form. 1.3 No additional pipeline or other facilities shall be placed, allowed or maintained by Licensee in, upon or along the Crossing except upon separate prior written consent of Licensor. CSXT Form 20376 - Pagc 2 Rcvised May 2002 o , Agrcement No. CSX-044171 2. ENCROACHMENT INVENTORY FEE: 2.1 In lieu of annual payments and in consideration of Licensor's waiver of future fee increases, Licensee shall pay Licensor a one-time nonrefundable Encroachment Inventory Fee of THREE HUNDRED AND 001100 U.S. DOLLARS ($300.00) upon execution of this Agreement. Licensee agrees that the License Fee applies only to the original Licensee under this Agreement. In the event of a successor (by merger, consolidation, reorganization and/or assignment) or if the original Licensee changes its name, then Licensee shall be subject to payment of Licensor's current administrative and document preparation fees for the cost incurred by Licensor in preparing and maintaining this Agreement on a current basis. 2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or reimburse Licensor), any additional annual taxes and/or periodic assessments levied against Licensor or Licenser's property solely on account of said Pipeline or Crossing. 2.3 This Agreement shall be effective upon the date first written above. License shall be revocable only, as herein provided, but shall also terminate upon (a) Licensee's cessation of use of the Pipeline or Crossing for the purpose(s) above, (b) removal of the Pipeline, and/or (c) subsequent mutual consent. 2.4 In further consideration for the license or right hereby granted, Licensee hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the cost of the installation of said Pipeline and appurtenances, and/or maintenance thereof, or for any public works project of which said Pipeline is a part. 3. CONSTRUCTION, MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove said Pipeline, in a prudent, workmanlike manner, using quality materials and complying with: any applicable standard(s) or regulation(s) of Licensor (A.R.E.M.A. Specifications) and Licensee's particular industry, and/or any governmental or regulatory body having jurisdiction over the Crossing or Pipeline. 3.2 Location and construction of Pipeline shall be made strictly in accordance with design(s) and specifications furnished to and approved by Licensor, and of material(s) and size(s) appropriate for the purpose(s) above recited. 3.3 All Licensee's work and exercise of rights hereunder shall be undertaken at time(s) satisfactory to Licensor and so as to eliminate or minimize any impact on or interference with the safe.use and operation of Licensoe's track(s). CSX'1' Form 2037G - Page 3 Revised May 2002 o Agreement No. CSX-044171 3.4 In the installation, maintenance. repair and/or removal of said Pipeline, Licensee shall not use explosives of any type or perform or cause any blasting without the separate express written consent of Licensor. As a condition to such consent, a representative will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. 3.5 Any repairs or maintenance to Pipeline, whether resulting from acts of Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days after Licensee has notice as to the need for such repairs or maintenance. 3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment and/or employees from damage or injury, may request immediate repair or renewal of the Pipeline, and if the same is not performed, may make or contract to make such repairs or renewals, at the sole risk, cost and expense of Licensee. 3.7 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Crossing, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 3.8 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including losses resulting from train delays and/or inability to meet train schedules) arising from any failure of Licensee to make repairs or conduct maintenance as required by.Section 3.5 above or from improper or incomplete repairs or maintenance to Pipeline. 4. PERMITS, LICENSES: 4.1 Before any work hereunder is performed, or before use of the Crossing for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s) (including but not limited to zoning, building, construction, health, safety or environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s) and authorization(s), and shall comply with all applicable ordinances, rules, regulations, requirements and laws of any governmental authority (state, federal or local) having jurisdiction over Licensee's activities, including the location, contact, excavation and protection regulations of the Occupational Safety and Health Act (OSHA) (20 CFR 1926.651(b), et al.), and State "One Call" - "Call Before You Dig" requirements. 4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or approval(s), for any violations thereof, or for costs or expenses of compliance or remedy. CS:{T Form 2037G - Page 4 Revised May 2002 o Agreement No. CSX-044171 5.. . MARKING AND SUPPQRT: . 5.1 With respect to any subsurface installation or maintenance upon Licensor's property, Licensee, at its sole cost and c;xpense, shall: (A) Support track(s) and roadbed of Licensor, in a manner satisfactory to Licensor; (B) Backfill with satisfactory material and thoroughly tamp all trenches to prevent settling of surface of land and roadbed of Licensor; and (C) Either remove any surplus earth or material from Licensor's property or cause said surplus earth or material to be placed and distributed at location(s) and in such manner as Licensor may approve. 5.2 After construction or maintenance of Pipeline, Licensee shall: (A) Restore said track(s), roadbed and other disturbed property of Licensor; and (B) ' Erect, maintain and periodically verify the accuracy of aboveground markers, in a form approved by Licensor, indicating the location, depth and ownership of Pipeline or related facilities. 5.3 Licensee shall remain responsible for any settlement of the track(s) or roadbed for a period of one (1) year subsequent to completion of installation. 6. 'WRACK CHANGES: 6.1, In the event that Licensor's rail operations and/or track maintenance result in changes in grade or alignment of, additions to, or relocation of Licensor's track(s) or other facilities, or in the event future use by Licensor of right-of-way and property necessitate any change of location, height or depth of Pipeline or Crossing, Licensee, at its sole cost and expense and within thirty (30) days after notice in writing from Licensor, shall make changes in Pipeline or Crossing to accommodate Licensor's track(s) or operations. 6.2 If Licensee fails to do so, Licensor may make or contract to make such changes at Licensee's cost. 7. PIPE CHANGES: 7.1 Licensee shall periodically monitor and verify the depth or height of Pipeline and Crossing in relation to Licensor's tracks and facilities, and shall relocate Pipeline or change Crossing, at Licensee's.expense, should such relocation or change be necessary to comply with the minimum clearance requirements of this Agreement or of any public authority. CSXT I corm 2037G - I'age 5 Revised May 2002 o Agreement No. CSX-044171 7.2 [1' Licensee undertakes to revise, renew, relocate or change all or any part of Pipeline (including; any change in circumference, diameter or radius of pipe or carrier pipe, change in operating pressure, or change in materials transmitted in and through said pipe), or is required by any public agency or court order to do so, plans therefor shall be submitted to Licensor for approval before any such change is made. Alter approval the terms and conditions of this Agreement shall apply thereto. 8. INTERFERENCE WITH RAIL FACILITIES: 8.1 Although the Pipeline/Crossing herein permitted may not presently interfere with Licensor's railroad operations or facilities, in the event that the operation, existence or maintenance of said Pipeline, in the sole judgment of Licensor, causes: (a) interference (physical, magnetic or otherwise) with Licensor's communication, signal or other wires, powerlines, train control system, or facilities; or (b) interference in any manner with the operation, maintenance or use by Licensor of its right-o#-way, track(s), structures, pole line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee, upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk, cost and expense, shall promptly take such remedial action or make such changes in its Pipeline or its installation or carrier pipe, as may be required in the reasonable judgment of Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor may do so or contract to do so, at Licensee's sole cost. 8.2 Without assuming any duty hereunder to inspect Licensee's Pipeline, Licensor hereby reserves the right to inspect same and to require Licensee to undertake necessary repairs, maintenance or adjustments to Pipeline, which Licensee hereby agrees to make promptly, at Licensee's sole cost and expense. 9. RISK, LIABILITY, INDEMNITY: With respect to the relative risk and liabilities of the parties, it is hereby agreed that: 9.1 Licensee hereby assumes, and, to the fullest extent permitted by State law (Constitutional or Statutory, as amended), shall defend, indemnify, and hold Licensor harmless from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way connected with the construction, presence, existence, repair, maintenance, replacement, operations, use or removal of Pipeline or any structure in connection therewith, or restoration of premises of Licensor to good order or condition alter rerhoval, EXCEPT when caused solely by the willful misconduct or gross negligence of Licensor. HOWEVER, during any period of actual construction, repair, maintenance, replacement or removal of pipeline, wherein agents, equipment or personnel of Licensee are on the railroad right-of-way, Licensee's liability hereunder shall be absolute, irrespective of any joint, sole or contributory fault or negligence of Licensor. CSX'I' Dorm 2037G - Page G Revised May 2002 o Agreement No, CSX-044171 9.2 Use of Licensoe's right-ofway involves certain risks of loss or damage as a result of Licensoe's rail operations. Notwithstanding Section 9. 1, Licensee expressly assumes all risk of loss and damage to Licensee's Property or Pipeline in, on, over or under the Occupancy, including loss of or any interference with use thereof, regardless of cause, including electrical field creation, fire or derailment arising out of Licensor's rail operations. For this Section, the term "Licensee's Property" shall include pipe contents as well as property of third parties situated or placed upon Licensoe's right-of-way by Licensee or by such third parties at request of or lbr benefit of Licensee. 9.3 To the extent permitted by State law, as above, Licensee assumes all responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all claims, costs and expenses, including reasonable attorneys' fecs, as a consequence of any sudden or nonsudden pollution of air, water, land and/or ground water on or off the Crossing area, arising from or in connection with the use of this Crossing or resulting from leaking, bursting, spilling, or any escape of the material transmitted in or through said Pipeline; (b) any claim or liability arising under federal or state law dealing with either such sudden or nonsudden pollution'of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c) any subsidence or failure of lateral or subjacent support of Licensor's tracks arising from such Pipeline leakage. 9.4 'Obligations of Licensee hereunder to defend, indemnify and hold Licensor harmless shall also extend to companies and other legal entities that control, are controlled by, subsidiaries of, or are affiliated with Licensor, and their respective officers, agents and employees. 9.5 if a claim is made or action is brought against either party, for which the other party may be responsible hereunder, in whole or in part, such other party shall be notified and permitted to participate in the handling or defense of such claim or action. ' 10. INSURANCE: 10.1 Prior to commencement of surveys, construction or occupation of Crossing pursuant to this Agreement, Licensee shall procure, and shall maintain during.the continuance of this Agreement, at Licensee's sole .cost and expense, a policy of Commercial General Liability Insurance (CGL}, naming Licensor as additional insured and covering liability assumed by Licensee under this Agreement. A coverage limit of not less than THREE MILLION AND 00/100 U.S. DOLLARS ($3,000,000.00) Combined Single Limit per occurrence for bodily injury liability and property damage liability is currently required as a prudent minimum to protect Licensee's assumed obligations. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days' notice to Licensor prior to cancellation or modification of any policy. Mail CGL certificate, along with agreement, to CSX Transportation, Inc., Speed Code J180, 500 Water Street, Jacksonville; FL 32202. Oil each successive year, send certificate to Speed Code J907 at the address listed above. CSXT Dorm 20376 - Page 7 Revised May 2002 o Agreement No. CSX-044171 10.2 If said CGL policy does not automatically cover Licensee's contractual liability during periods of survey, construction, maintenance and continued occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee shall arrange for adequate time for reporting losses. I?ailure to do so shall be at Licensee's sole risk. 10.3 .. Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to State Statutc(s), may self-insure or self-assume, in any amount(s), any contracted liability arising under this Agreement, under a funded program of self-insurance, which fund will respond to liability of Licensee imposed by and in accordance with the procedures established by law. 10.4 Securing such insurance shall not limit Licensee's liability under this Agreement, but shall be additional security therefor. 10.5 Specifically to cover construction and/or demolition activities within fifty feet (501) of any operated railroad track(s) or affecting any railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall pay to Licensor the sum of SEVEN HUNDRED FIFTY AND 00/100 U.S. DOLLARS ($750.00), to cover the cost of adding this Crossing to Licensor's Railroad Protective Liability-( Policy for the period of actual construction. . 11. GRADE CROSSINGS; FLAGGING: . 11.1 Nothing herein contained shall be construed to permit Licensee, or any contractor of Licensee, to move any vehicles or equipment over track(s) of Licensor, except at public road crossing(s), without separate prior written approval of Licensor (CSXT Form 7422). 11.2 If Licensor deems it advisable, during the progress of any construction, maintenance, repair, renewal, alteration, change or removal of said Pipeline, to place watchmen, flagmen, inspectors or supervisors at the Crossing for protection of operations of Licensor or others on Licensoe's right-of-way, and to keep persons,'equipment and materials away from Licensor's track(s), Licensor shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure to do so. 11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and existing labor agreements, Licensee may provide such flagmen, watchmen, inspectors or supervisors, during all times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and expense; and in such event, Licensor shall not be liable for the failure or neglect of such watchmen, flagmen, inspectors or supervisors. 12. LICENSOR'S COSTS: 12.1 Any additional or alternative costs or expenses incurred by Licensor to accommodate Licensee's continued use of Licensor's property as a result of track changes or pipe changes shall also be paid by Licensee. CSKI' l?orm 2037G - Page S Revised Nlay 2002 o Agreement No. CSX-044171 12.2 Licensoe's expense f'or wages ("force account" work) and materials fior any work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within thirty (30) days after receipt of Licensoe's bill therefor, subject to Licensee's budgetary rules. 12.3 Such expense shall include, but not be limited to, cost of railroad labor and supervision under "force account" rules, plus current applicable overhead percentages, the actual cost of materials, and insurance, freight and handling charges on all materials used. Equipment rentals shall be in accordance with Licensor's applicable fixed rate(s). 12.4 All undisputed bills or undisputed portions of bills not paid within said thirty (30) days shall thereafter accrue interest at eighteen percent (13%) per annum, unless limited by local law, and then at the highest rate so permitted. Unless Licensee shall have furnished detailed objections to such bills within said thirty (30) days, bills shall be presumed undisputed. 13. DEFAULT, BREACH, WAIVER- 13.1 The proper and complete performance of each covenant of this Agreement shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely perform any of said covenants or remedy any breach within thirty (30) days after receiving written notice'from Licensor to do so (or within forty-eight (48) hours in the event of notice of a railroad emergency), Licensor shall have the option of immediately revoking this Agreement and the privileges and powers hereby conferred, regardless of encroachment inventory fee(s) having been paid in advance for any annual or other period. Upon such revocation, Licensee shall make removal in accordance with Article 14. 13.2 'No waiver by Licensor of its rights as to any breach of covenant or condition herein contained shall be construed as a permanent waiver of such covenant or condition, or any subsequent breach thereof, unless such covenant or condition is permanently waived in writing by Licensor. 14. TERMINATION, REMOVAL: 14.1 All rights which Licensee may have hereunder shall cease upon the date of: (a) revocation, (b) termination, (c) subsequent agreement, or (d) Licensee's removal of Pipeline from the Crossing. However, neither revocation nor termination of this Agreement shall affect any claims and liabilities which may have arisen or accrued hereunder, and which at the time of termination or revocation have not been satisfied; neither party, however, waiving any third party defenses or actions. 14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole risk and expense, shall (a) remove Pipeline from the right-of-way of Licensor, unless the parties hereto agree otherwise, (b) restore property of Licensor in n manner satisfactory to Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such removal. CSX'I' Dorm 20376 - Page 9 Revised May 2002 o Agreement No. CSX-044171 15. NOTICE: 15.1 , Licensee shall give Licensor's Division Engineer (Florida Business Unit, 5656 Adamo Drive, Tampa, FL 33619-3240) at least five (5) days written notice before doing aM work on Licensoes right-of-way, except that in cases of emergency shorter notice may be given to said Division Engineer. 15.2 All other notices and communications concerning this Agreement shall be addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o CSXT Contract Administration, J180; or at such other address as either party may designate in writing to the other. 15.3 Unless otlierwise expressly stated herein, all such notices shall be in writing and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be considered effective upon: (a) actual receipt, or (b) date' of refusal of such delivery. 16. ASSIGNMENT: . 16.1 The rights herein conferred are the privileges of Licensee only, and Licensee shall obtain Licensoes. prior written consent to any assignment of Licensee's interest herein; said consent shall not be unreasonably withheld. 16.2 Subject to Sections 2 and 16. 1, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. 16.3 Licensee shall give Licensor written notice of any legal succession (by merger, consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a copy of all documents attesting to such change or legal succession, within thirty (30) days thereof. 16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in part, to any grantee or vendee of Licensoe's underlying property interests in the Crossing, upon written notice thereof to Licensee. 16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its option, may revoke this Agreement by giving Licensee or any such assignee written notice of such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor may incur as a result of Licensee's failure to obtain said consent. 16.6 In the event of sale or other conveyance by Licensor of its Right-of-Way, across, under or over, which the Crossing is constnicted, Licensor's conveyance shall be made subject to the right of Licensee to continue to occupy the Crossing on the specific segment of Right-of-Way, and to operate, maintain, repair, renew thereon and to remove therefrom the facilities of Licensee, subject to all other terms of this Agreement. CSXT Form 2037G - Page 10 Revised May 2002 o Agrccnient No. CSX-044171 17. TITLE; LIENS, ENCUY1BILkNCES: 17.1 Licensee understands that Licensor occupies, uses and possesses lands, rights-or- way and rail corridors under all forms and dualities ofownership rights or facts, from frill fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be deemed to act as any warranty, guaranty or representation of the quality of Licensor's title for any particular Right-of-Way in the Crossing occupied, used or enjoyed in any manner by Licensee under any rights created in this Agreement. It is expressly understood that Licensor does not warrant title to any Right-of-Way in the Crossing, and Licensee will accept the grants and privileges contained herein, subject to all lawful outstanding existing liens, mortgages and superior rights in and to the Right-of-Way, and all leases, licenses and casements or other interests previously granted to others herein. 17.2 The term "license," as used herein, shall mean with regard to any portion of the Right-of-Way which is owned by Licensor in fee simple absolute, or where the applicable law of the State where the Crossing is located otherwise permits Licensor to make such grants to Licensee, a "permission to use" the Right-of-Way, with dominion and control over such portion of the Right-of-Way remaining with Licensor, and no interest in or exclusive right to possess being otherwise granted to Licensee. With regard to any other portion of Right-of-Way occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives its exclusive right to occupy the Right-of-Way and grants no other rights whatsoever under this Agreement, such waiver continuing only so long as Licensor continues its own occupation, use or control. Licensor does not warrant or guarantee that the license granted hereunder provides Licensee with all of the rights necessary to occupy any portion of the Right-of-Way. Licensee further acknowledges that it does not have the right to occupy any portion of the Right-of-Way held by Licensor in less than fee simple absolute without also receiving the consent of the owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim any interest in the Right-of-Way that would impair Licensor's existing rights therein. 17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and absolutely waives its right to, any claim against Licensor for damages on account of any deficiencies in title to the Right-of-Way in the event of failure or insufficiency of Licenser's title to any portion thereof arising from Licensee's use or occupancy thereof. 17.4 Licensee agrees to full and completely indemnify and defend all claims or litigation for slander of title, overburden of easement, or similar claims arising out of or based upon Licensee's facilities placement, or the presence of Licensee's facilities in, on, or along the Crossing, including claims for punitive or special damages. 17.5 Licensee shall not at any time own, or claim any right, title or interest in or to Licensoe's property occupied by the Crossings, nor shall the exercise of this Agreement for any length of time give rise to any right title or interest in License, to said property other than the license herein created. r r ?'SX*1" 1'ol'ill 2037G - 1'?lgc 1 l Revised May 2002 o Agreement No. CSX-044171 18. GENERAL PROVISIONS: l 18.1 This Agreement, and the attached specilleations, contains the entire understanding. between the parties hereto. 18.2 Neither this Agreement, any provision hereof, nor any agreement or provision included herein by reference, shall operate or be construed as being for the benefit of any third person. 18.3- Neither the form of this Agreement, nor any language herein, shall be interpreted or. construed in favor of or against either party hereto as the sole drafter thereof. 18.4 This Agreement is executed under current interpretation of applicable Federal, State, County, Municipal or other local statute; ordinance or laws). However, each separate division (paragraph, clause, item, term, condition, covenant or agreement) herein shall have independent and severable status for the determination of legality, so that if any separate division is determined to be void or unenforceable for any reason, such determination shall have no effect upon the validity or enforceability of each other separate division, or any combination thereof. 18.5 This Agreement shall be construed and governed by the laws of the state in which the Pipeline and Crossing are located. 19. RIDERS: The following Rider(s) is/are herewith attached and included herein: [ X ] Telecommunication Cable or Fiber Optic line . ti t CSXT Dorm 2037G - Page 12 Revised May 2002 o Agreement No.•CSX-044171 IN WITNESS WHERE .017, the parties hereto have executed this Agreement in duplicate (each of which shall constitute an 'original) as of the date and year first above written. Witness for Licensor: CSX TRANSPORTATION, INC. By: Print/Type Name: Printfrype Title: Witness for Licensee: CITY OF CLEARWATER By: Who, by the execution hereof, affirms that he/she has the authority to do so and to bind the Licensee to the terms and conditions of this Agreement. Print/Type Name: ' Printrrype Title: Tax Identification Number: Authority under Ordinance or Resolution No. , dated COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION WDElt . 1. No constriction of any type pursuant or related in any way to this Agreement shall be commenced by Licensee, or by any agent, representative', contractor, subcontractor of Licensee, without Licensee first giving at least thirty (30) clays written notice to the following Parallel Cable Occupier(s): ("MCI") Mr.Bryan Toolcy NICI Telecommunications Corporation 2250 Lakeside Blvd Dept 42855 Location 642 Richardsori, TX 75082 Phone No. (800) 624-9675 or (972) 656-5159 (NOTE: WRITTEN CONSENT OF MCI IS ALSO REQUIRED) 2. The notice shall be accompanied by drawing(s) showing the general plan, elevation, details and methods of Licensee's proposed construction, and the location of Occupier(s)' cable or facilities in relation to Licensee's proposed construction. 3. Prior to any construction, Licensee must locate and identify, any existing cable, wire or fiber optic line (including any appurtenances thereto) of said cable occupier(s) traversing or located in, on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk. 4. Any changes, alteration, relocation or protection of wire(s), cable(s) or facilities of such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as otherwise negotiated between Licensee and said Occupier(s). 5. - Licensee shall be solely responsible and liable for any damage to (e.g., cutting, dislocating, etc.) said wire(s) or cable(s), and appurtenances thereto, resulting in any way from Licensee's exercise of rights or privileges under this Agreement. 6. Licensee shall defend, indemnify and hold Licensor harmless from any such damage claims and any relocation or protection costs of said Occupier(s). CSX TRANSPORTATION, INC. Licensor: (Initial) (Date) CITY OF CLEARWATER Licensee:. (Initial) (Date) CSXT 7155 ltcv. 2/I/02 APPLICATION FOR PIPELINE CROSSING UNDCR/OVER PROPERTIES AND TRACK (For RR Use) Division ?" - •[,? , Subdivision ? L !f' W n. c.j2 Val Sec. (Map) 1 ' Location: Val. Sea '.? 04 (c+ Milepost No. Crossings Application and plans must be approved and written authority received from the Railroad Company before construction is begun. Original and one copy of both application and drawing, along with a nonrefundable Application Fee in the amount of 1;650.00 should be submitted to: CSX Trartsportation, Property Services 1180, 500 Water Strcet, Jacksonville, FL. 32102. T. ReferencetFile Number 2. Complete Legal Name of applicant: City of Clearwater, Florida _ Company Contact-Name: Brian Barker, , P. E _ Title: Civil Engine er I I ?- .Telephone: (__ 72Z 562-4779 - -- Fax:( 727 562-4755 - -- 3. Address: Avenue 220 City: Clearwater' State: Florida Zip: 33758_ 4. Type of business: Individual, Developer, _ X,___Municipality, Corporation, (State in which incorporated:*______), Partnemhip, (type and state of Partnership 5: Location: 1 , 295_. _ feet west (direction) from Railroad Milepost SY874 Valuation Station of Crossing if known: Vail. Map No. b. To%vri: _Clearwater county: Pinellas State: Florida 7. Aingic-of crossing: 50 de rees 8. Temporary track support or riprapping required? Yes No X (Describe and Detail on Drawing) 9. Wires, poles, obstructions to be relocated? Yes No X (Describe and Detail on Drawing) 10. Product 'to be conveyed potabl a water' neFlammable? Yes No' X' Temperature ambient 11. Max. Working Pressure 100 -PSI. Field Test Pressure --T5u"- PSI. Type Test pressure 12. Location of shut-off valves See attar ed Figure 2 13. Number of manholes located on Railroad Right-of-Way: none pro posed 14. PIPE SPECIFICATIONS: CARRIER PIPE: CASING PIPE: Material DIP Material Specifications & Grade ANSI /AWWA C 151 /A21 _ h 1 ASTM A139, „Or d "B" Minimum Yield Strength of Material PSI 92,000 35.000 Inside Diameter 8-5S inches _15 -25--i nC,h _ Wall Thickness Q-25-inch Q-281-inch mini mum Outside Diameter Type of Seam Kind of Joints C? mh-nn - _l: iel d-.wel,(led Total Length Within Railroad Right-of-Way 78.4 feet 66 feet Vents: Number None Size N 7A Height above ground N 7A Seals: Bath ends mechanical or masonry seals. One end N/A Bury: Base of rail to top of casing 5 , feet, 6 inch , Bury (Not beneath tracks). 3 feet, 0 inches minimum Bury: (Below ditches) 3 feet, 0 inches mi n i mum CATHODIC PROTECTION: Yes No PROTECTIVE COATING: Yes X No Kind bi ack. 15. Method of installation _jack and bore - 16. If application is a revision to an existing agreement, give agreement number and date: N/A 17. If this a supplement to a master (general) agreement, give agreement number and date: N/A 18. If Aegis member, work to be performed by: NJA Contractor Company employees 19. Will pipe be located in limits of public road Right-of=Way? Yes X No (If "yes", show name road number and width of Right-of-Way on print). DOT/AAR Crossing No. DOT 626 815 H Proposal and construction must be in accordance with CSXTs Specifications, The American Railway Engineering Association, and any governing laws or regulations. Please note that the specifications furnished in the Pipeline Application Package are to be used as a guideline only, CSXT reserves the right to approve or decline any application. Date Signature & Title of Officer Making Application Please Type or Print: Name Title Telephone Number ' CENTERLINE OF -` `?^-_-- T CK C=::>-N --G=- SCALE 1"=30' OOT 26B15H 5Y 4.24 ?y TOM /4B9,EL-25.20' ? STA:40+S4AI,O/5:25 5111 /--' ROAD R/W s ° m:z, ow c/s - _ _ 5' came S/w , GONG A SM N ArrtMO"h+ ??AAA W CRUISING Q? r n 0 5' CCHC CW A . U p f I I I r II 0 S' COvC Lune N UE (F) Q. OF MYRTLE AVE 7 90+00 C5X R1W I I OxRNCAn MOAD 91 0 u sk °"R 2}00 I N00'00'33'W r-I II CONSI PION BASELINE CSX R/W 43KANCAD RA "0 I f S""kL R C ? ANGLE OF CR SSII q ' 3, ' wv rNrxr murr D. ' I I 50 FIR 5/8 4 g ' ILLEGIBLE CA n R ns' CONC cuRa + I 33 wu W/01? N f i 0 qy 5 pNr wr _ 0w- - - a 0Hr C" _ .^ _ _ .. CS R ` a ttI `Ty G5' CONIC CUR- M.ROAD run ASPH SIGNAL \ \ O ' ^rµ 0 B OIP 1 CENTERLINE ROAD R/W IR CENTERLINE ' N M ' O1 \ MP Sy 874 O r B O R/1W TRACK R/W 28 28 30' AT RIGHT 0' AT RIGHT ANC TO CENTERLINE GLE TO CENTERLINE 26 OF TRACK, AND ` F TRACK, AND ENTER} INF OF PIPE 9.2-AT--C£NTERU 26 F PIPE EL BOTTOM O)' RAIL 25.45 24 24 22 22 ..tr-of -t:o--- - STEEL SING P PE JACK AN BORE PROPOSED R' D.I.P. 20 ( I WATER LINE 20 70 OF CASING E -19.95 MAX 18 25.0 25.0 PROPOSED B' Dd. . WATER LINE CASCADE WATERWORKS 16 25' AT RIGHT ° CASING SPACER OR APPROVED EQUAL 16 A=E-TO CXNTEK-U'f- OF TRACK, AND T-RIG11 -- ANGLE TO CENTE , LINE MMENO BY MANUFACTURER 33.0' CENTERLINE OF TRACK, AND OF PIPE E AND CASING 33.0' AT CENTER NE HOR ' 14 OF PIPE ANO ING VER 1 "'= 4 City of Clearwater, Florida Figure No. 2 Pinellas County Myrtle Ave, Roadway and Drainage Improvements CSX Pipeline Crossing At Myrtle Ave, East Side, 8" D.I.P. Waterline .q AGREEMENT CHECKLIST Agreement Number: CSX-044172 Please perform the following when executing the attached instrument: X Sign the signature page in order to execute the agreement. One of the following should apply: Execution on behalf of a CORPORATION should be accomplished by the President, Vice President or an officer authorized by Board Resolution to execute legal documents on behalf of the Corporation. Co of Board Authorization should be furnished for anyone signing, other than the President or Vice President.) If the Corporate name Is set out erroneously In the Agreement, the document should be executed and the name corrected and initialed where it appears. (Municipal Corporation, furnish copy of such Resolution.) If Agreement Is with an INDIVIDUAL, that Individual should sign the Agreement exactly as the name is set out in the caption of the Agreement. If the name is set out erroneously in the Agreement, the document should be executed and the name corrected and initialed where it appears. If the Agreement is with a PARTNERSHIP, all general members of the partnership should execute the document unie ss one member of the firm has been designated managing partner or expressly by the partnership to execute the Agreement. (Furnish copy of such authority.) X The signature(s) must be WITNESSED by ONE (1) witness. in the space(s) provided. X NAME(S) and TITLE(S) of person(s) executing the agreement must be typed or printed in ink directly beneath signature(s). X Social Security Number is required If Agreement Is with an INDIVIDUAL, If Agreement Is with other than an. INDIVIDUAL, a Tax Identification Number Is required. ,X Furnish Certificate of Insurance which states "CSX Transportation Inc. as additional insured," which is required under the INSURANCE Article, to Speed Code J180, 500 Water Street, Jacksonville, FL 32202. Questions regarding the insurance requirements should be directed to CSXTs Mr. W. D. Tyler, Manager Risk Management (904) 633-5090. X Initial and date each rider attached to the document following the signature page. X In returning the Agreement, please furnish the following fee(s) set out in the Article(s) described within the Agreement: One-time Encroachment Inventory Fee (refer to FEE's Article) Construction Risk Fee (refer to INSURANCE Article) _ _0TAL.DUE___--_ .._.___...._._ $300.00 $750.00 CSX"l' Dorm 2037G - Page 1 Revised May 2002 o Agreement No. CSX-044172 PIPELINE CROSSING AGREEMENT THIS AGREEMENT, Made as of October 1, 2002, by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and CITY OF CLEARWATER, a municipal corporation, political subdivision or state agency, under the laws of the State of Florida, whose mailing address is 100 South Myrtle Avenue, Suite 220, Clearwater, Florida 33758, hereinafter called "Licensee," WITNESSETH: WHEREAS, Licensee desires to construct, use and maintain a pipeline, solely for the transmission of potable water, hereinafter called "Pipeline." under or across the track(s) and property owned or controlled by Licensor at or near Clearwater, County of Pinellas, State of Florida, located at Valuation Station 1351+42, Milepost SY-874.26, Clearwater Subdivision, hereinafter called the "Crossing as shown on print of Licensee's Drawing JL044172, dated April 3, 2002, attached hereto and made a part hereof; other details and data pertaining to said Pipeline being'as indicated on Licensee's Application Form, dated October 1, 2002, also attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and agreements herein contained, the parties hereto agree and covenant as follows: 1. LICENSE: 1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and authority to do so, and its present title permits, and subject to: (A) . Licensoes present and future right to occupy, possess and use its property within the area of the Crossing for any and'all purposes; (B) All encumbrances, conditions, covenants, easements, and limitations applicable to Licensoe's title to or rights in the subject property; and (C) Compliance by Licensee with the terms and conditions herein contained; does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter or change said Pipeline at the Crossing above fbr the term herein stated, and to remove same upon termination. 1.2 . The term Pipeline, as used herein, shall include only the pipes, ducts, casing, vents, manholes, connectors, fixtures, appliances and ancillary facilities devoted exclusively to the transmission usage above within the Crossing, and as shown on attached Application Form. 1.3 No additional pipeline or other facilities shall be placed, allowed or maintained by Licensee in, upon or along the Crossing except upon separate prior written consent of Licensor. CSXT Fonn 2037G - Page 2 Revised May 2002 o Agreement No. CSX-044172 2. ENCROACHMENT INVENTORY FEE: 2.1 ' In lieu of annual payments and in consideration of Licensor's waiver of future fee increases, Licensee shall pay Licensor a one-time nonrefundable Encroachment Inventory Fee of THREE HUNDRED AND 00/100 U.S. DOLLARS ($300.00) upon execution of this Agreement. Licensee agrees that the License Fee applies only to the original Licensee under this Agreement. In the event of a successor (by merger, consolidation, reorganization and/or assignment) or if the original Licensee changes its name, then Licensee shall be subject to payment of Licensor's current administrative and document preparation fees for the cost incurred by Licensor in preparing and maintaining this Agreement on a current basis. 2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or reimburse Licensor), any additional annual taxes and/or periodic assessments levied against Licensor or Licensor's property solely on account of said Pipeline or Crossing. 2.3 This Agreement shall be effective upon the date first written above. License shall be revocable only, as herein provided, but shall also terminate upon (a) Licensee's cessation of use of the Pipeline or Crossing for the purpose(s) above, (b) removal of the Pipeline, and/or (c) subsequent mutual consent. . 2.4 In further consideration for the license or right hereby granted, Licensee hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the cost of the installation of said Pipeline and appurtenances, and/or maintenance thereof, or for any public works project of which said Pipeline is a part. 3. CONSTRUCTION, MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove said Pipeline, in a prudent, workmanlike manner, using quality materials and complying with: any applicable standard(s) or regulation(s) of Licensor (A.R.E.M.A. Specifications) and Licensee's particular industry, and/or any governmental or regulatory body having jurisdiction over the Crossing or Pipeline. 3.2 Location and construction of Pipeline shall be made strictly in accordance with design(s) and specifications furnished to and approved by Licensor, and of material(s) and size(s) appropriate for the purpose(s) above recited. 3.3 All Licensee's work and exercise of rights hereunder shall be undertaken at time(s) satisfactory to Licensor and so as to eliminate or minimize any impact on or interference with the safe use and operation of Licensor's track(s). CSXT Form 2037G - Page 3 Revised May 2002 o Agreement No. CSX-044172 3.4 In the. installation, maintenance, repair and/or removal ol'said Pipeline, Licensee shall not use explosives of any type or perform or cause any blasting without the separate express written consent of Licensor. As a condition to such consent, a representative will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. 3.5 Any repairs or maintenance to Pipeline, whether resulting from acts of Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days after Licensee has notice as to the need for such repairs or maintenance. 3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment and/or employees from damage or injury, may request immediate repair or renewal of the Pipeline, and if the same is not performed, may make or contract to make such repairs or renewals, at the sole risk; cost and expense of Licensee. 3.7 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Crossing, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 3.8 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including losses resulting from train delays and/or inability to meet train schedules) arising from any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above or from improper or incomplete repairs or maintenance to Pipeline. 4. PERMITS, LICENSES: 4.1 Before any work hereunder is performed, or before use of the Crossing for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s) (including but not limited to zoning, building, construction, health, safety or environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s) and authorization(s), and shall comply with all applicable ordinances, rules, regulations, requirements and laws of any governmental authority (state, federal or local) having jurisdiction over Licensee's activities, . . including the location, contact, excavation and protection regulations of the Occupational Safety and Health Act (OSHA) (20 CFR 1926.651(b), et al.), and State "One Call" - "Call Before You Dig" requirements. . 4.2. Licensee assumes sole responsibility for failure to obtain such permit(s) or approval(s),'for any violations thereof, or for costs or expenses of compliance or remedy. CSXT Dorm 2037G - Page 4 Revised May 2002 o Agreement No. CSX-044172 5. MARKING AND SUPPORT: 5.1. With respect to any subsurface installation or maintenance upon Licensor's property, Licensee, at its sole cost and expense, shall: (A) Support track(s) and roadbed of Licensor, in a manner satisfactory to Licensor; (B) Backfill with satisfactory material and thoroughly tamp all trenches to prevent settling of surface of land and roadbed of Licensor; and (C) Either remove any surplus earth or material from Licensee's property or cause said surplus earth or material to be placed and distributed at location(s) and in such manner as Licensor may approve. 5.2 After construction or maintenance of Pipeline, Licensee shall: (A) Restore said track(s), roadbed and other disturbed property of Licensor; and (B) Erect, maintain and periodically verify the accuracy of aboveground markers, in a form approved by Licensor, indicating the location, depth and ownership of Pipeline or related facilities. 5.3 Licensee shall remain responsible for any settlement of the track(s) or roadbed for a period of one (1) year subsequent to completion of installation. 5. TRACK CHANGES: 6.1 In the event that Licensoe's rail operations and/or track maintenance result in changes in grade or alignment of, additions to, or relocation of Licensor's track(s) or other facilities, or in the event future use by Licensor of right-of-way and property necessitate any change of location, height or depth of Pipeline or Crossing, Licensee, at its sole cost and expense and within thirty (30) days after notice in writing from Licensor, shall make changes in Pipeline or Crossing to accommodate Licensor's track(s) or operations. 6.2 If Licensee fails to do so, Licensor may make or contract to make such changes at Licensee's cost. 7. PIPE CHANGES: 7.1 Licensee shall periodically monitor and verify the depth or height of Pipeline and Crossing in relation to Licensor's tracks and facilities, and shall relocate Pipeline or change Crossing, at Licensee's expense, should such relocation or change be necessary to comply with the minimum clearance requirements of this Agreement or of any public authority. CSXT Dorm 2037G - Page 5 Revised Nlay 2002 o Agreement No. CSX-044172 7.2 if Licensee undertakes to revise, renew, relocate or change all or any part of Pipeline (including any change in circumference, diameter or radius of pipe or carrier pipe, change in operating pressure, or change in materials transmitted in and through said pipe), or is required by any public agency or court order to do so, plans therefor shall be submitted to Licensor for approval before any such change is made. Afler approval the terms and conditions of this Agreement shall apply thereto. 8. INTERFERENCE WITH RAIL FACILITIES: 8.1 Although the Pipeline/Crossing herein permitted may not presently interfere with Licenser's railroad operations or facilities, in the event that the operation, existence or maintenance of said Pipeline, in the sole judgment of Licensor, causes: (a) interference (physical, magnetic or otherwise) with Licenser's communication, signal or other wires, powerlines, train control system, or facilities; or (b) interference in any manner with the operation, maintenance or use by Licensor of its right-of-way, track(s); structures, pole line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee, upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk, cost and expense, shall promptly take such remedial action or make such changes in its Pipeline or its installation or carrier pipe, as may be required in the,reasonable judgment of Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor may do so or contract to do so, at Licensee's sole cost. 8.2 Without assuming any duty hereunder to inspect Licensee's Pipeline, Licensor hereby reserves the right to inspect same and to require Licensee to undertake necessary repairs, maintenance or adjustments to Pipeline, which Licensee hereby agrees to make promptly, at Licensee's sole cost and expense. 9. RISK, LIABILITY, INDEMNITY: With respect to the relative risk and liabilities of the parties, it is hereby agreed that: 9.1 Licensee hereby assumes, and, to the fullest extent permitted by State law (Constitutional or Statutory, as amended), shall defend, indemnify, and hold Licensor harmless from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way connected with the construction, presence, existence, repair, maintenance, replacement, operations, use or removal of Pipeline or any structure in connection therewith, or restoration of premises of Licensor to good order or condition after removal, EXCEPT when caused solely by the willful misconduct or gross negligence of Licensor. HOWEVER, during any period of actual construction, repair, maintenance, replacement or removal of pipeline, wherein agents, equipment or personnel of Licensee are on the railroad right-of-way,. Licensee's liability hereunder shall be absolute, irrespective of any joint, sole or contributory fault or negligence of Licensor. CSX`l' 1 orm 2037G - Page G Revised May 2002 o Agreement No. CSX-044172 9.2 Use of Licensees right-of-way involves certain risks of loss or damage as a result of Licensor's rail operations. Notwithstanding Section 9. 1, Licensee expressly assumes all risk of loss and damage to Licensee's Property or Pipeline in, on, over or under the Occupancy, including loss of or any interference with use thereof, regardless of cause, including electrical field creation, fire or derailment arising out of Licensoes rail operations. For this Section, the term "Licensee's Property" shall include pipe contents as well as property of third parties situated or placed upon Licensoe's right-of-way by Licensee or by such third parties at request of or for benefit of Licensee. . 9.3 To the extent permitted by State law, as above, Licensee assumes all responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden or nonsudden pollution of air, water, land and/or ground water on or off the Crossing area, arising from or in connection with the use of this Crossing or resulting from leaking, bursting, spilling, or any escape of the material transmitted in or through said Pipeline; (b) any claim or liability arising under federal or state law dealing with either such sudden or nonsudden pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c) any subsidence or failure of lateral or subjacent support of Licensor's tracks arising from such Pipeline leakage. 9.4 Obligations of Licensee hereunder to defend, indemnify and hold Licensor harmless shall also extend to companies and other legal entities that control, are controlled by, subsidiaries of, or are'affiliatcd with Licensor, and their respective officers, agents and employees. 9.5 If a claim is made or action is brought against either party, for which the other party may be responsible hereunder, in whole or in part, such other party shall be notified and permitted to participate in the handling or defense of such claim or action. 10. INSURANCE: 10.1 Prior to commencement of surveys, construction or occupation of Crossing pursuant to this Agreement, Licensee shall procure, and shall maintain during the continuance of this Agreement, at Licensee's sole cost and expense, a policy of Commercial General Liability Insurance (CGL), naming Licensor as additional insured and covering liability assumed by Licensee under this Agreement. A coverage limit of not less than THREE MILLION AND 00/100 U.S. DOLLARS ($3,000,000.00) Combined Single Limit per occurrence for bodily injury liability and property damage liability is currently required as a prudent minimum to protect Licensee's assumed obligations. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days' notice to Licensor prior to cancellation or modification of any policy. Mail CGL certificate, along with agreement, to CSX Transportation, Inc., Speed Code J180, 500 Water Street, Jacksonville, FL 32202. On each successive year, send certificate to Speed Code J907 at the address listed above. CSXT l-orm 2037G - Page 7 Revised May 2002 o Agreement No. CSX-044172 10.2 If said CGI, policy does not automatically cover Licensee's contractual liability during periods of survey, construction, maintenance and continued occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole risk. 10.3 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability arising under this Agreement, under a funded program of self-insurance, which fund will respond to liability of Licensee imposed by and in accordance with the procedures established by law. 10.4 Securing such insurance shall not limit Licensee's liability under this Agreement, but shall be additional security therefor. 10.5 Specifically to cover construction and/or demolition activities within fifty feet (50') of any operated railroad track(s) or affecting any railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall pay to Licensor the sum of SEVEN HUNDRED FIFTY AND 00/100 U.S. DOLLARS ($750.00), to cover the cost of adding this Crossing to Licensor's Railroad Protective Liability (RPL) Policy for the period of actual construction. 11. GRADE CROSSINGS; FLAGGING: 11.1 Nothing herein contained shall be construed to permit Licensee, or any contractor of Licensee, to move any vehicles or equipment over track(s) of Licensor, except at public road crossing(s), without separate prior written approval of Licensor (CSXT Form 7422). 11.2 If Licensor deems it advisable, during the progress of any construction, maintenance, repair, renewal, alteration, change or removal of said Pipeline, to place watchmen, flagmen, inspectors or supervisors at the Crossing for protection of operations of Licensor or others on Licensor's right-of-way, and to keep persons, equipment and materials away from Licensor's track(s), Licensor shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure to do so. 11.3 Subject to Licensoe's consent and to Licensor's Railroad Operating Rules and existing labor agreements, Licensee may provide such flagmen, watchmen, inspectors or supervisors, during all times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and expense; and in such event, Licensor shall not be liable for the failure or neglect of such watchmen, flagmen, inspectors or supervisors. 12., LICENSOR'S COSTS: 12.1 Any additional or alternative costs or expenses incurred by Licensor to accommodate Licensee's continued use ofLicensor's property as n result of track changes or pipe changes shall also be paid by Licensee. CSXT Form 2037G - Page 8 Revised May 2002 o Agreement No. CSX-044172 12.2 Licensor's expense for wages ("force account" work) and materials for any work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within thirty (30) days after receipt of Licensoe's bill therefor, subject to Licensee's budgetary rules. 12.3 Such expense shall include, but not be limited to, cost of railroad labor and supervision under "force account" rules, plus current applicable overhead percentages, the actual cost of materials, and insurance, freight and handling charges on all materials used. Equipment rentals shall be in accordance with Licensor's applicable fixed rate(s). 12.4 All undisputed bills or undisputed portions of bills not paid within said thirty (30) days shall thereafter accrue interest at eighteen percent (18%) per annum, unless limited by local law, and then at the highest rate so permitted. Unless Licensee shall have furnished detailed objections to such bills within said thirty (30) days, bills shall be presumed undisputed. 13. DEFAULT, BREACH, WAIVER: 13.1 ' The proper and complete performance of each covenant of this Agreement shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely perform any of said covenants or remedy any breach within thirty (30) days after receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of a railroad emergency), Licensor shall have the option of immediately revoking this Agreement and the privileges and powers hereby conferred, regardless of encroachment inventory fee(s) having been paid in advance for any annual or other period. Upon such revocation, Licensee shall make removal in accordance with Article 14. 13.2 ' No waiver by Licensor of its rights as to any breach of covenant or condition herein contained shall be construed as a permanent waiver of such covenant or condition, or any subsequent breach thereof, unless such covenant or condition is permanently waived in writing by Licensor. 14. TERMINATION, REMOVAL: 14.1 All rights which Licensee may have hereunder shall cease upon the date of: (a) revocation, (b) termination, (c) subsequent agreement, or (d) Licensee's removal of Pipeline from the Crossing. However, neither revocation nor termination of this Agreement shall affect any claims and liabilities which may have arisen or accrued hereunder, and which at the time of termination or revocation have not been satisfied; neither party, however, waiving any third party defenses or actions. 14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole risk and expense, shall (a) remove Pipeline from the right-of-way of Licensor, unless the parties hereto' agree otherwise, (b) restore property of Licensor in a manner satisfactory to Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such removal. CSXT Dorm 2037G - Page 9 Revised May 2002 o Agreement No. CSX-044172 15. NOTICE: 15.1 Licensee shall give Licensor's Division Engineer (Florida Business Unit, 5656 Adama Drive, Tampa, FL 33619-3240) at least five (5) days written notice before doing any work on Licensor's right-of-way, except that in cases of emergency shorter notice may be given to said Division Engineer. 15.2 ? All other notices and communications concerning this Agreement shall be addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o CSXT Contract Administration, J180; or at such other address as either party may designate in writing to the other. 15.3 Unless otherwise expressly stated herein, all such notices shall be in writing and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be considered effective upon: (a) actual receipt, or (b) date of refusal of such delivery. 16. ASSIGNMENT: 16.1 The rights herein conferred are the privileges of Licensee only, and Licensee shall obtain Licensoe's prior written consent to any assignment of Licensee's interest herein; said consent shall not be unreasonably withheld. 16.2 Subject to Sections 2 and 16. 1, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. . 16.3 Licensee shall give Licensor written notice of any legal succession (by merger, consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a copy of all documents attesting to such change or legal succession, within thirty (30) days thereof. 16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in part, to any grantee or vendee of Licensor's underlying property interests in the Crossing, upon written notice thereof to Licensee. 16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its option, may revoke this Agreement by giving Licensee or any such assignee written notice of such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor may incur as a result of Licensee's failure to obtain said consent. 16.6 In the event of sale or other conveyance by Licensor of its Right-of-Way, across, under or over, which the Crossing is constructed, Licensor's conveyance shall be made subject to the right of Licensee to continue to occupy the Crossing on the specific segment of Right-of-Way, and to operate, maintain, repair, renew thereon and to remove therefrom the facilities of Licensee, subject to all other terms of this Agreement. CSX'1' Dorm 2037G - Page 10 Revised May 2002 o Agreement No. CSX-044172 17., TITLE; LIENS, ENCUMBRANCES: 17.1 Licensee understands that Licensor occupies, uses and possesses lands, rights-of- way and rail corridors under all forms and qualities of ownership rights or facts, from frill fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be deemed to net as any warranty, guaranty or representation of the duality of Licensor's title for any particular Right-of-Way in the Crossing occupied, used or enjoyed in any manner by Licensee under any rights created in this Agreement. It is expressly understood that Licensor does not warrant title to any Right-of-Way in the Crossing, and Licensee will accept the grants and privileges contained herein, subject to all lawful outstanding existing liens, mortgages and superior rights in and to the Right-of-Way, and all leases, licenses and easements or other interests previously granted to others herein. 17.2 The term "license," as used herein, shall mean with regard to any portion of the Right-of-Way which is owned by Licensor in fee simple absolute, or where the applicable law of the State where the Crossing is located otherwise permits Licensor to make such grants to Licensee, 'a "permission to use" the Right-of-Way, with dominion and control over such portion of the Right-of-Way remaining with Licensor, and no interest in or exclusive right to possess being otherwise granted to Licensee. With regard to any other portion of Right-of-Way occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives its exclusive right to occupy the Right-of-Way and grants no other rights whatsoever under this Agreement, such waiver continuing only so long as Licensor continues its own occupation, use or control. Licensor does not warrant or guarantee thafthe license granted hereunder provides Licensee with all of the rights necessary to occupy any portion of the Right-of-Way. Licensee further acknowledges that it does not have the right to occupy any portion of the Right-of-Way held by Licensor in less than fee simple absolute without also receiving the consent of the owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim any interest in the Right-of-Way that would impair Licensor°s existing rights therein. 17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and absolutely waives its right to, any claim against Licensor for damages on'account of any deficiencies in title to the Right-of-Way in the event of failure or insufficiency of Licensor's title to any portion thereof arising from Licensee's use or occupancy thereof. 17.4 Licensee agrees to full and completely indemnify and defend all claims or litigation for slander of title, overburden of easement, or similar claims arising out of or based upon Licensee's facilities placement, or the presence of Licensee's facilities in, on, or along the Crossing, including claims for punitive or special damages. 17.5 Licensee shall not at any time own, or claim any right, title or interest in or to Licensoes property occupied by the Crossings, nor shall the exercise of this Agreement for any length of time give rise to any right title or interest in License, to said property other than the license herein created. r CSX'r Form 2037G,- Page I 1 Revised May 2002 o Agreement No. CSC-044172 3 18. GENERAL PROVISIONS: i 18.1 This Agreement, and the attached specifications, contains the entire understanding between the parties hereto. 18.2 Neither this Agreement, any provision hereof, nor any agreement or provision included herein by reference, shall operate or be construed as being for the benefit of any third person. 18.3 Neither the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of or against either party hereto as the sole drafter. thereof. '. , 18.4 This Agreement is executed under current interpretation of applicable Federal, State, County, Municipal or other local statute, ordinance or law(s). However, each separate division (paragraph, clause, ifem, term, condition, covenant or agreement) herein shall have independent and severable status for the determination of legality, so that if any separate division is determined to'be t void or.unenforceable for any reason, such determination shall have no effect upon the validity or enforceability of each other separate division, or any combination thereof. ,18.5 This Agreement shall be construed and governed by the laws of the state in which' the Pipeline and Crossing are located. 19. RIDERS: The following Rider(s) is/are herewith attached and.included herein: [XI Telecommunication Cable or Fiber Optic line • 1 CSXT l?oi7n 2037G - Page 12 Revised Nlay 2002 o Agreement No. CSX-044172 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate (each of which shall constitute an original) as of the date and year first above written. Witness for.Licensor: CSXITRANSPORTATION, INC. .t .r By: Print/Type Name: Printrrypc Title: . Witness for Licensee: CITY OF CLEARWATER r; By: Who, by the exectttion hereof, affirms that he/she has the authority to do so and to bind the Licensee to the terms and conditions of this Agreement. Print/Type Name: Print/Type Title: Tax Identification Number: Authority under Ordinance' or Resolution No. , dated R - COMMUNICATIONS CABLE OR FIBER OP'T'IC LINT, PROT'ECT'ION RIBINt 1. No construction of any type pursuant or related in any wuy to thtis Agrect?ient shall be commenced by Licensee, or by any agent, representative, contractor, subcontract for of Licensee, without Licensee first giving at least thirty (30) days written notice to the following Parallel Cable Occupier(s): ("MCI") Mr.Bryan Tooley MCI Telecommunications Corporation 2250 Lakeside Blvd Dept 42555 Location 642 Richardson, TX 75052 Phone No. (800) 624-9675 or (972) 656-5159 (NOTE: WRITTEN CONSENT OF MCI IS ALSO REQUIRED) 2.. The notice shall be accompanied by drawing(s) showing the general plan, elevation, details and methods of Licensee's proposed construction, and the location of Occupier(s)' cable or facilities in relation to Licensee's proposed construction. 3. Prior to any construction, Licensee must locate and identify, any existing cable, wire or fiber optic line (including any appurtenances thereto) of said cable occupier(s) traversing or located in, on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk. 4. Any changes, alteration, relocation or protection of wire(s), cable(s) or facilities of such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as otherwise negotiated between Licensee and said Occupier(s). 5. Licensee shall be solely responsible and liable for any damage to (e.g., cutting, dislocating, etc.) said wire(s) or cable(s), and appurtenances thereto, resulting in any way from Licensee's exercise of rights or privileges under this Agreement. '6. Licensee shall defend, indemnify and hold Licensor harmless from any such damage claims and any relocation or protection costs of said Occupier(s). CSX TRANSPORTATION, INC. Licensor; (Initial) (Date) CITY OF CLEARWATER Licensee; (initial) (Date) i CSXT 74 55 Rev. z/1102 APPLICATION FOR PIPELINE CROSSING UNDER/OVER PROPERTIES AND TRACK (Far RR Use) Division -R, Subdivision Val Sec. (Map} -- Location: Val. Sta. 13_1514 4-2- Milepost No. Crossings Application and plans must be approved and written authority received from the Railroad Company before construction is begun. Original and one copy of both application and drawing, along with a nonrefundable Application Fee in the amount of $650.00 should be submitted to: CSX Transportation, Property Services ] 180, 500 Water Street, Jacksonville, FL 32202. 1. Reference/File Number. _ -(Ce _)? - 0 4,fi 7 Z 2. Complete Legal Nar re of applicant:---City of _ Cl earwater,Florida Company Contact Name: Brian Barker, P. E . Title: Civil Engineer I l Telephone: ( 727 ) 562-4779 -" Fax:(-727 ) 562-4755 ?- 3. Address: 100 S. Myrtle Avenue 220 city: Cl earwater State: Florida zip: 33758 4. Type of business: Individual, Developer, X Municipality, Corporation, (State in which incorporate&______ j, Partnership, (type and state of Partnership 5. Leieation: _ 1.376 _ feet west (direction) from Railroad Milepost SY874 Valuation Station of Crossing if known: Val. Map No. ` 6. To%"i Clearwater- _ County. Pi nel 1 a State: Florida 7. Aingle-of crossing: 45 degrees 8. Temporary track support or riprapping required? Yes Na_- - X - (Descn'be and Detail on Drawing) 9. Wires, poles, obstructions to be relocated? Yes NoX (Describe and Detail.on Drawing) 10. Product'to be conveyed Flammable? Yes No _ - X _ Temperature _aMb1 e t 11. Max. Working Pressure 150 PSI. Field Test Pressure ?10n PSI. TypeTest pressure 12. Location ofshut-ofI'valves - 5P_P attached- Figure 3__,,, 13. Number of manholes located on Railroad Right-of-Way: none proposed 14. PIPE SPECIFICATIONS: CARRIER PIPE: CASING PIPE: Material DIP Steel Material Specifications & Grade 51 ASTM A139 Grade "8" -ANSIZARA Minimum Yield Strength of Material PSI _4Z,_000 -- -- 35 4000 Inside Diameter 8.55 inches ncbes Wall Thictmess 0_25-,inch, 0-M -Lich ---- -- -- -- A•-inr.h minimiti Outside Diameter 9,05--inch -1.5-812-inch minimij of Scam _Seam1E s s Spam]-p-cs Kind of Joints ,fit ~ Fi el - e1 ded Total Length Within Railroad Right-of-Way 42.4 feet 42.4 feet Vents: Number N/A , Size N/A Height above ground N/A _ Seats:.Both ends mechanical or ma5gnry seals One end N/A Bury: Base of rail to top of casing ___5 feet, 6 inches, Bury (Not beneath tracks) _? feet, __Q_?inehes mi ni mum Bury: (Below ditches) 3 feet, 0 inches minimum CATHODIC PROTECTION: Yes No X PROTECTIVE COATING: Yes X No Kind _ blaek-2i_tumi nous 15. Method of installation Jack and bore 16. lfapplication is a revision to an existing agreement, give agreement number and date; --NIA 17. If this a supplement to a master (general) agreement, give agreement number and date: N/A 18. If Aegis member, work to be perfonned by: N/A Contractor Company employees 19. Will pipe be located in limits of public road Right-of-Way? Yes X No . (If "yes", show name road number and width of Right-of-Way on print). DOT/AAR Crossing No.,_ _DQJ26815_ 14 _ Proposal and construction must be in accordance with CSXTs Specifications, The American Railway Engineering Association, and any governing laws or regulations. Please note that the specifications furnished in the Pipeline Application Package are to be used as a guideline only, CSXT reserves lire right to approve or decline any application. Date Signature & Title ofOfficer Making Application Please Type or Print: Name Title Telephone Number CENTERLI E' L?--N--c=:- OF TRAC SCALE 1 "=30` L Fit- 4r / I STY VAS 4110 MP SY 874 1 SIY METAL BLDG 8" D.I.P PIPE TOM /169,[L-2520' F CENTERLINr /C E STA:90+54.41,0/5:25 51 T I ' ROAD R/W4? ru ? I., _ ANGLE OF C - G CONC . ? _ ?' ec?c sM e p, -RAK 40 CR055+ c 0 6' cC"C CURB 35 * S5' o d' cONC NAB .y u V, 1001 626815H UE (F) t OF MYRTLE: AVE ® \ \ I ) ISY 874.24 CSX R/W I I OA"ZIAI 0110 90+00 91 0 u y. eAR 92+00 N00100'33"W f'1 CONSIRL1C110N 13ASEUNE CSX R/W DYiRNL40 R AD WNAL R? W JP FIR 5 A p DROOPS \ 1 I ILLEC166LC CAP 0.3' CONC CUPID KIRK w/pR t/P - - -S O">W o..w -4 OHW-4- - J- ._a ON O SAGNAL CATE PLR.t _ M ? T•L? &S, C04c cvRt RAILROAD YouP sKNAL POLE ASP" " PAIIKWC .rM \ \ ROAD R/W CENTERLINE pL-"'-? OF TRACK 0 SEE FIGURE 4 FOR *,b PARALLEL HDPE CO DUITS t =' .2-4" PIPELINE CR SSING \ \ G ? CSx RACK R R/W 28 15.0 15.0 28 15' AT RIGHT 15' AT RIG -fT ANGLE TO CENTERLINE ANGLE TO CENTERLINE 26 OF TRACK. AND 21.2' AT CENTERLI I OF TRACK, AND 26 OF PIPE OF PIPE EL 130TTOM OF RAIL 25.491 24 24 z 22 I 22 1 o- --- --- -- STEEL CASING PI PE JACK AND BORE PROPOSED 8" D.I.P. 20 I WATER LINE 20 OP OF CASING EL-19,99 MAX 18 18 5' 25' PROPOSED 8' D. I. .I. WATER LIN CASCADE WATERWORKS CASING SPACER 16 25' AT RIGHT - --15' AS' A1rRIG! APPROVED EQUAL. . 16 OF T Q TO CENTERLINE OF ?,ACING-AS-RECORM 35.5' AT CENTERLINE ? TRACK. ?F NTERLIN 35 5' N0R 1 "= 0 14 OF PIPE AND CASING . . OF PIPE AND CASIN . VER 1 14 City of Clearwater, Florida Figure No. 3 Pinellas County Myrtle Ave. Roadway and Drainage Improvements CSX Pipeline Crossing At Myrtle Ave, West Side, 8" D.I.P. Waterline (KQ AGREEMENT CHECKLIST Agreement Numbor: CSX-044173 Please perform the following when executing the attached instrument: X Sign the signature page in order to execute the agreement. One of the following should apply: Execution on behalf of a CORPORATION should be accomplished by the President, Vice President or an officer authorized by Board Resolution to execute legal documents on behalf of the Corporation. (.Copy of Board Authorization should be fumished for anyone signing, other than the President or Vice President.) If the Corporate name is set out erroneously in the Agreement, the document should be executed and the name corrected and initialed where it appears. (Municipal Corporation, furnish copy of such Resolution.) If Agreement is with an INDIVIDUAL, that individual should sign the Agreement exactly as the name is set out in the caption of the Agreement. If the name is set out erroneously in the Agreement, the document should be executed and the name corrected and initialed where it appears. If the Agreement is with a PARTNERSHIP, all general members of the partnership should execute the document unless one member of the firm has been designated managing partner or expressly by the partnership to execute the Agreement. (Furnish copy of such authority.) X Tho signature(s) must be WITNESSED by ONE (1) witness In the space(s) provided. X NAME(S) and TITLE(S) of person(s) executing the agreement must be typed or printed in ink directly beneath ?. signature(s). X Social Security Number is required if Agreement Is with an INDIVIDUAL, If Agreement Is with other than an INDIVIDUAL, a Tax Identification Number is required. X Furnish Certificate of Insurance which states "CSX Transportation, Inc. as additional insured " which Is required under the INSURANCE Article, to Speed Code J180, 500 Water Street, Jacksonville, FL 32202. Questions regarding the insurance requirements should be directed to CSXTs Mr. W..D. Tyler, Manager Risk Management (904) 633-5090. X Initial and date each rider attached to the document following the signature page. X In returning the Agreement, please furnish the following fee(s) set out In the Article(s) described within the Agreement: One-time License Fee (refer to FEE's Article) $600.00 Construction Risk Fee (refer to INSURANCE Article) $1,000.00 TOTAL DUE $1,600.00 CSXT Form 2213G- Page I Revised May 2002 o Agreement No. CSX-044173 WIRE LINE CROSSING AGREEMENT THIS AGREEMENT, Made as of October 1, 2002, by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and CITY OF CLEARWATER, a municipal corporation, political subdivision or state agency, under the laws of the State of Florida, whose mailing address is 100 South Myrtle Avenue, Suite 220, Clearwater, Florida 33758, hereinafter called "Licensee," WITNESSETH: WHEREAS, Licensee desires to construct, use and maintain a wire or cable, solely for the transmission of empty conduit, plus two (2) empty conduits, hereinafter called "Wireline," over or across the track(s) and property owned or controlled by Licensor at or near Clearwater, County of Pinellas, State of Florida, located at Valuation Station 1351+36, Milepost SY-874.26, Clearwater Subdivision, hereinafter called the "Crossing," as shown on print of Licensee's Drawing JL044173, dated October 1, 2002, attached hereto and made a part hereof; other details and data .pertaining to said Wireline being as indicated on Licensee's Application Form, dated October 1, 2002, also attached hereto and made a part hereof; NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and agreements herein contained, the parties hereto agree and covenant as follows: 1. LICENSE: 1.1 . Subject to Article 17, Licensor, insofar as it has the legal right, power and authority to do so, and its present title permits, and subject to: (A) Licensoe's present and future right to occupy, possess and use its property within the area of the Crossing for any and all purposes; (B) All encumbrances, conditions, covenants, easements, and limitations applicable to Licensor's title to or rights in the subject property; and (C) Compliance by Licensee with the terms and conditions herein contained; does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter or change said Wireline at the Crossing above for the term herein stated, and to remove same upon termination. 1.2 The term Wireline, as used herein, shall include only the wires and/or cables, poles, guys, anchors, fixtures, appliances and ancillary facilities devoted exclusively to the transmission usage above within the Crossing, and as shown on attached Application Form. 1.3 No additional wireline or other facilities shall be placed, allowed, or maintained by Licensee in, upon or on the Crossing except upon prior separate written consent of Licensor. CSXT Form 2213G- Page 2 Revised May 2002 o Agreement No. CSX-044 I 73 2. LICENSE FEE; TERM: 2.1 - In lieu of annual payments and in consideration of Licensor's waiver of future fee increases, Licensee shall pay Licensor a one-time nonrefundable License Fee of SIX HUNDRED AND 00/100 U.S. DOLLARS ($600..00) upon execution of this Agreement. Licensee agrees that the License Fee applies only to the original Licensee under this Agreement. In the event of a successor (by merger, consolidation, reorganization and/or assignment) or if the original Licensee changes its name, then Licensee shall be subject to payment of Licensor's current administrative and document preparation fees for the cost incurred by Licensor in preparing and maintaining this Agreement on a current basis. 2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or reimburse Licensor), any additional annual taxes and/or periodic assessments levied against Licensor or Licensoes. property solely on account of said Wireline or Crossing. 2.3 This Agreement shall be effective upon the date first written above. License shall be revocable only, as herein provided, but shall also terminate upon (a) Licensee's cessation of use of the Wireline or occupancy for the purpose(s) above, (b) removal of the Wireline, and/or (c) subsequent mutual consent. 2.4 In further consideration for the license or right hereby granted, Licensee hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the cost of the installation of said Wireline and appurtenances, and/or maintenance thereof, or for any public works project of which said Wireline is a part. 3. CONSTRUCTION, MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove said Wireline, in a prudent, workmanlike manner, using quality materials and complying with any applicable standard(s) or regulation(s) of Licensor, or Licensee's particular industry, National Electrical Safety Code, or any governmental or regulatory body having jurisdiction over the Crossing. 3.2 ' Location and construction of Wireline shall be made strictly in accordance with design(s) and specifications furnished to and approved by Licensor and of material(s) and size(s) appropriate for the purpose(s) above recited. 3.3 All Licensee's work and exercise of rights hereunder shall be undertaken at time(s) satisfactory to Licensor and so as to eliminate or minimize any impact on or interference with the safe use and operation of Licenser's track(s) and appurtenances thereto. CSXT Form 2213G- Vage 3 Revised May 2002 o Agreement No. CSX-044173 3.4 In the installation, maintenance, repair and/or removal of said Wircline, Licensee shall not use explosives of any type or perform or cause any blasting without the separate express written consent of Licensor. As a condition to such consent, a representative will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. 3.5 Any repairs or maintenance to Wireline, whether resulting from acts of Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days after Licensee has notice as to the need for such repairs or maintenance. 3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment and/or employees from damage or injury, may request immediate repair or renewal of the Wireline, and if the same is not performed, may make or contract to make such repairs or renewals, at the sole risk, cost and expense of Licensee. 3.7 , Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Crossing, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 3.8 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including losses resulting from train delays and/or inability to meet train schedules) arising from any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above or from improper or incomplete repairs or maintenance to Wireline. 4. PERMITS, LICENSES: 4.1 Before any work hereunder is performed, or before use by Licensee of the Crossing for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s) or certificate(s) of approval from any Federal, State, or local public authorities having jurisdiction over the Crossing or its intended use and, to the extent required by State law, shall thereafter observe and comply with all applicable requirements of such public authorities, and all applicable laws and regulations and future modifications thereof, including any state "One Call" - "Call Before You Dig" requirements. 4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or approval(s), for any violations thereof, or for costs or expenses of compliance or remedy. 5. MARKING AND SUPPORT: 5.1 With respect to any subsurface installation or maintenance upon Licensor's property, Licensee, at its sole cost and expense, shall: CSXT Fomi 2213G- Page 4 Revised May 2002 o Agreement No. CSX-044173 (A) support truck(s) and roadbed of Licensor, in a manner satisfactory to Licensor; (B) backfill with satisfactory material and thoroughly tamp all trenches to prevent settling of surface of land and roadbed of Licensor; and (C) either remove any surplus earth or material from Licensor's property or cause said surplus earth or material to be placed and distributed at location(s) and in such manner Licensor may approve. 5.2 After construction or maintenance of Wirelinc, Licensee shall: (A) Restore any track(s), roadbed and other disturbed property of Licensor, to a condition satisfactory to Licensor; and B Remain responsible for any settlement of any disturbed track(s) or roadbed for a period of one (1) year subsequent to completion of installation. 6. TRACK CHANGES: 6.1 In the event that Licensoe's rail operations and/or track maintenance result in changes in grade or alignment of, additions to, or relocation of Licensor's track(s) or other facilities, or in the event future use by Licensor of Licensor's right-of-way or property necessitate any change of location, height or depth in Wireline or Crossing, Licensee, at its sole cost and expense and within thirty (30) days after notice in writing from Licensor, shall make changes in Wireline or Crossing to accommodate Licensoes track(s) or operations. 6.2 If Licensee fails to do so, Licensor may make or contract to make such changes at Licensee's cost. 7. WIRE CHANGES: 7.1 Licensee shall periodically monitor and verify the depth or height of Wireline or Crossing in relation to Licensoes tracks and facilities, and shall relocate Wireline or change Crossing, at Licensee's expense, should such relocation or change be necessary to comply with the minimum clearance requirements of this Agreement. 7.2 If Licensee undertakes to revise, renew, relocate or change in any manner whatsoever all or any part of Wireline (including any change in voltage or gauge of wire), or is required by any public agency or court order to do so, plans therefor shall be submitted to Licensor for approval before such change. After approval, the terms and conditions of this Agreement shall apply thereto. CSX"1' Dorm 22136- Page 5 Revised May 2002 o Agreement No. CSX-044173 8. INTERFERENCE WITH RAIL FACILITIES: 8.1 Although the Wireline/Crossing herein permitted may not presently interfere with Licensoe's railroad'or facilities, in the event that the operation, existence or maintenance of said Wireline, in the reasonable judgment of Licensor, causes: (a) interference (including, but not limited to, physical interference, interference from an electromagnetic induction, or interference from stray or other currents) with Licensor's power lines, communication, signal or other wires, train control system, or electrical or electronic apparatus; or (b) interference in any manner with the operation, maintenance or use by Licensor of its right-of-way, track(s), structures, pole linc(s), devices, other property, or any appurtenances thereto; then and in either event, licensee, upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk, cost and expense, shall promptly take such remedial action or make such changes in its Wircline or its installation as may be required in the reasonable judgment ofthe Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor may do so or contract to do so, at Licensee's sole cost. 8.2 Without assuming any duty hereunder to inspect Licensee's Wircline, Licensor hereby reserves the right to inspect sonic, and to require Licensee to undertake repairs, maintenance or adjustments to Wircline, which Licensee hereby agrees to make promptly, at Licensee's sole cost and expense., 9. RISK, LIABILITY, INDEMNITY: With respect to the relative risk and liabilities of the parties, it is hereby agreed that: 9.1 Licensee hereby assumes, and, to the fullest extent permitted by State law, shall defend, indemnify and save Licensor harmless from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may suffer, sustain, incur or in any way be .; :subjected to, on account of death of or injury to any person whomsoever (including officers,' agents, employees or invitees of Licensor), and lbr damage to or loss of or destruction of any property whatsoever, arising out of', resulting from, or in any way connected with the construction, presence, existence, repair, maintenance, replacement, operations, use or removal of Wireline or any structure in connection therewith, or the restoration of premises of Licensor to good order or condition after removal, EXCEPT when caused solely by the willful misconduct or gross negligence of Licensor. HOWE,VEIt, during any period of actual construction, repair, maintenance, replacement or removal of Wireline, wherein agents, equipment or personnel of Licensee arc on the railroad right-of-way, Licensee's liability hereunder shall be absolute, irrespective of any joint, sole or contributory fault or negligence of Licensor. CSXT Form 2213G- Page G Revised May 2002 o Agreement No.,CSX-044173 9.2 . Use of Licensor's tight-of-way involves certain risks of loss or damage as a result of Licenser's rail operations. Notwithstanding Section 9. 1, Licensee expressly assumes all risk of loss and damage to Licensee's Wireline or Property in, on or over the Crossing, including loss of or-any interference with use thereof, regardless of cause, including electrical field creation, fire: or derailment resulting from Licensor's rail operations. For this Section, the term. "Licensee's Property" shall include the Wircline and property of third parties situated or placed upon Licensor 's right-of-way by Licensee or by such third parties at request of or for sole benefit of Lice'nsee. 9.3 Obligations of Licensee hereunder to defend, indemnify and hold Licensor harmless shall also extend to companies and other legal entities that control, are controlled by, subsidiaries of or are affiliated with Licensor, and their respective officers, agents and employees. 9.4 If a claim is made or action is brought against either party, for which the other party may be responsible hereunder, in whole or in part, such other party shall be notified and pennitted to participate in the handling or defense of such claim or action. 10. INSURANCE: 10.1 Prior to commencement of surveys, installation or occupation of premises pursuant to this Agreement, Licensee shall procure and shall maintain during the continuance of this Agreement, at its sole cost and expense, a policy of Commercial General Liability Insurance CGL), naming Licensor as additional insured and covering liability assumed by Licensee under this Agreement. A coverage limit of not less than THREE MILLION AND 001100 U.S. DOLLARS ($3,000,000.00) Combined Single Limit per occurrence for bodily injury liability and property damage liability is currently recommended as a prudent minimum to protect Licensee's assumed obligations. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days' notice to Licensor prior to cancellation or modification of any policy. Mail CGL certificate, along with agreement, to CSX Transportation, Inc., Speed Code J 180, 500 Water Street, Jacksonville, FL 32202. On each successive year, send certificate to Speed Code J907 at the address listed above. 10.2" If said CGL policy does not automatically cover Licensee's contractual liability during periods of survey, installation, maintenance and continued occupation, a specific endorsement adding such coverage shall be purchased by Licensee or Licensee's contractor. If said CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee shall require its Contractor to arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole risk. 10.3 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to State Statute(s), may self insure or self-assume, in any amount(s), any contracted liability arising under this Agreement, under a funded program of self-insurance, which fund will respond to liability of Licensee imposed by and in accordance with the procedures established by law. C'SXT form 2213C1- page 7 IZevised May 2002 o Agreement No. CSX-044173 100 Securing such insurance shall not limit Licensee's liability under this Agreement, but ;droll bi, additional security therefor. . 10.5 Specifically to 'cover construction and/or demolition activities within fifty feet (50') of any operated railroad truck(s) or affecting any railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shrill pay to Licensor the sum of ONE: THOUSAND AND 001100 U.S. DOLLARS ($1,000,00), to cover the cost of adding this Crossing to Licensoe's Railroad Protective Unbility (WIL polio for the period of actual construction. 11, GRADE CROSSINGS; FLAGGING: 1.1.1 Nothing herein contained shall be construed to permit Licensee or Licensee's contractor to move any vehicles or equipment over track(s) of Licensor, except at public road crossing(s), without separate prior written approval of Licensor (CSXT Form 7422). 11.2 if Licensor deans it advisable, during any construction, maintenance, repair, renewal, alteration, change or removal of said Wireline, to place watchmen, flagmen, inspectors or supervisors fur protection of operations of Licensor or others on Licensoes right-of=way at the Crossing, and to keep persons, equipment or materials away from Licensor's track(s), Licensor shall have the right to do so at the-expense of Licensee, but Licensor shall not be liable for failure.to do so. 11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and labor agreements, Licensee may provide flagmen, watchmen, inspectors or supervisors during all times of constniction, repair, maintenance, replacement or removal, at Licensee's sole risk and expense; and in ;such event, Licensor shall not be liable for the failure or neglect of such watchmen, flagmen, inspectors or supervisors. 12. LICENSOR'S COSTS; 12.1 Any additional or alternative costs or expenses incurred by Licensor to accommodate Licensee's continued use of Licensor's property as a result of track changes or wire changes shall also be paid by licensee. . 12.2 Licensor's expense for wages ("force account" charges) and materials for any work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within thirty (30) days after receipt of Licensoes bill therefor, subject to Licensee's budgetary rules. 12.3 Such expense shall include, but not be limited to, cost of railroad labor and supervision under "force account" rules, plus current applicable overhead percentages, the actual cost of materials, and insurance, freight and handling charges on all material used. Equipment rcntuls shall be in accordance with Licensor's applicable fixed rate. CSXT Form 22130- Page 8 1tevised Nlay 2002 o Agreement No. CSX-044173 12.4 All undisputed bills or undisputed portions of bills not paid within said thirty (30) days shall thereafter accrue interest at eighteen percent (18%) per annum, unless limited by local law, and then at the highest rate so permitted. Unless Licensee shall have furnished detailed objections to such bills within thirty (30) days, bills shall be presumed.undisputed. 13. DEFAULT, BREACH, WAIVER: 13.1 The proper and complete performance of each covenant of this Agreement shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely perform any of said covenants or to remedy any breach, within thirty (30) days after receiving a written notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of railroad emergency), unless such work cannot be completed within said time period but Licensee has commenced and is diligently prosecuting such remedy, Licensor shall have the option of immediately terminating this Agreement, and of revolting the privileges and powers hereby conferred, regardless of license fee(s) having been paid in advance for any annual or other period. Upon such termination, Licensee shall-make removal in accordance with Article 14. 13.2 No waiver by Licensor of its rights as to any breach Of covenant or condition herein contained shall be construed as a permanent waiver of such covenant or condition, or any subsequent breach thereof, unless such covenant or condition is permanently waived in writing by Licensor. 14. TERMINATION, REMOVAL: . . 14.1 All rights which Licensee may have hereunder shall cease upon the date of (a) termination, (b) revocation, or (c) subsequent agreement, or (d) Licensee's removal of the Wireline from the Crossing. However, neither termination nor revocation of this Agreement shall affect any claims and liabilities which have arisen or accrued hereunder, and which at the time of termination or revocation have not been satisfied; neither party, however, waiving any third party defenses or actions. 14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole risk and expense, shall (a) remove Wireline from the right-of-way of Licensor, unless the parties hereto agree otherwise, (b) restore property of Licensor in a manner satisfactory to Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such removal. 15. NO'T'ICE: 15.1 Licensee shall give Licensoe's Division Engineer (Florida Business Unit, 5656 Adamo Drive, Tampa, FL 33619-3240) at least five (5) days written notice before doing a._Y work on Licensor's right-of-way, except that in cases of emergency shorter notice may be given to said Division Engineer. E,:?, , ... CSX't' Vornt 2213E- Page 9 Revised May 2002 o Agreement No. CSX-044173 15.2 All other notices told communications concerning this Agreement shall be addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o CSX`l' Contract Administration, J180; or at such other address as either party may designate in writing to the other. 15.3 Unless otherwise expressly stated herein, all such notices shall be in writing; and sent via Certified or Registered Mail, Return Rceeipt Requested, or by courier, and shall be considered delivered upon: (a) actual receipt, or (b) date of refusal of such delivery. 16. ASSIGNMENT: 16.1 The rights herein conferred are the privileges of Licensee only, and Licensee shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said consent shall not be unreasonably withheld. 16.2 Subject to Sections 2 and 16. 1, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. 16.3 Licensee shall give Licensor written notice of any legal succession (by merger, consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a copy of all documents attesting to such change or legal succession, within thirty (30) days thereof. 16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in part, to any grantee or vendee of Licensor's underlying property interests in the Crossing, upon written notice thereof to Licensee. 16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its option, may revoke this Agreement by giving Licensee or any such assignee written notice of such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor may incur as a result of Licensee's failure to obtain said consent. 16.6 In the event of sale or other conveyance by Licensor of its Right-of-Way, across, . under or over, which the Crossing(s) is constructed, Licensoes conveyance shall be made subject to the right of Licensee to continue to occupy the Crossing on the specific segment of Right-of-Way, and to operate, maintain, repair, renew thereon and to remove therefrom the facilities of Licensee, subject to all other terms of this Agreement. CSXT Dorm 2213G- Page IC Revised May 2002 u Agreement No. CSX-014173 17. TITLE: 17.1 Licensee understands that Licensor occupies, uses and possesses lands, rights-of- way and rail corridors under all fomns and dualities of ownership rights or facts, from full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be deemed to act as any warranty, guaranty or representation of the duality of Licensor's title for any particular Crossing(s) or segment of Right of Way occupied, used or enjoyed in any manner by Licensee under any rights created in this Agreement. It is expressly understood that Licensor does not warrant title to any Right-of-Way and Licensee will accept the grants and privileges contained herein, subject to all lawful outstanding existing liens, mortgages and superior rights in and to the Right-of-Way, and all leases, licenses and easements or other interests previously granted to others therein. 17.2 The term "license," as used herein, shall mean with regard to any portion of the Right-of-Way which is owned by Licensor in fee simple absolute, or where the applicable law of the State where the Crossing is located othenvise permits Licensor to make such grants to Licensee, a "permission to use" the Right-of-Way, with dominion and control over such portion of the Right-of-Way remaining with Licensor, and no interest in or exclusive right to possess being otherwise granted to Licensee. With regard to any other portion of Right-of-Way occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives its exclusive right to occupy the Right-of-Way and grants no other rights whatsoever under this Agreement, such waiver continuing only so long as Licensor continues its own occupation, use or control. Licensor does not warrant or guarantee that the license granted hereunder provides Licensee with all of the rights necessary to occupy any portion of the Right-of-Way. Licensee further acknowledges that it does not have the right to occupy any portion of the Right-of-Way held by Licensor in less than fee simple absolute without also receiving the consent of the owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim any interest in the Right-of-Way that would impair Licensors existing rights therein.- 17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and absolutely waives its right to, any claim against Licensor for damages on account of any deficiencies in title to the Right-of-Way in the event of failure or insufficiency of Licensor's title to any portion thereof arising from Licensee's use or occupancy thereof. 17.4 Licensee agrees to fully and completely indemnify and defend all claims or litigation for slander of title, overburden of easement, or similar claims arising out. of or based upon Licensee's facilities placement, or the presence of Licensee's facilities in, on or along Crossing, including claims for punitive or special damages,, 17.5 Licensee shall not at any time own or claim any right, title or interest in or to Licensor's property occupied by the Crossings, nor shall the exercise of this Agreement for any length of time give rise to any right, title, or interest in License to said property other than the license herein created. ' CSX'l Donn 2213G- Pagc I I Devised May 2002 o Agreement No. CSX-044173 s. 18. GENERAL PROVISIONS: 18.1 'This Agreement, and the attached specifications, contains the entire understanding between the parties hereto. 18.2 Neither this Agreement, any provision hereof, nor any agreement or provision included herein by reference, shall operate or be construed as being for the benefit of any third person. 18.3 Neither the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of or against either party hereto as the sole drafter thereof. 18.4 This Agreement is executed under current interpretation of applicable Federal, State, ` County, Municipal or other local statute, ordinance or law(s). However, each separate division ' (paragraph, clause, item, term, condition, covenant or agreement) herein shall have independent and severable status for the determination of legality, so that if any separate division is determined to be . void or unenforceable for any reason, such determination shall have no effect upon the validity or ' enforceability of each other separate division, or any combination thereof. 18.5 This Agreement shall be construed and governed by the laws of the state in which the Wireline and Crossing are located. 19. RIDERS: . The following Rider(s) is/are herewith attached and included herein: [ X ] Telecommunication Cable or Fiber Optic line CSXT Form 2213G- Page 12 Revised May 2002 o Agreement No. CSX-044173 . IN WITNESS WHEREOF, the parties hereto have e?ccuted this Agreement in duplicate (each of which shall constitute an original) as of the date and year first above written. Witness for Licensor: CSX TRANSPORTATION, INC. ,.. By: . ;' . Print/Type Name: Print/Type Title: i Witness for Licensee: CITY OF CLEARWATER ..ti ' By: Who, by the execution hereof, affirms that fie/she has the authority to do so and to bind the Licensee to the terms and conditions of this Agreement. Print/Type Name: Print/Type Title: Tax Identification Number: Authority under Ordinance or ` Resolution No. dated , • 5 l ' •5???.ii+;ti.f?i7?n.?i??.:.ik,tiax r?enwr.. -???--?-+ .. •. , I I COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER 1. No construction of any type pursuant or related in any way to this Agreement shall be commenced by Licensee, or by any agent, representative, contractor, subcontractor of Licensee, without Licensee first giving at least thirty (30) days written notice to the following Parallel Cable Occupier(s): ("MCI") Mr.Bryan Tooley MCI Telecommunications Corporation 2250 Lakeside Blvd Dept 42855 Location 642 Richardson, TX 75082 Phone No. (800) 624-9575 or (972) 656-5159 (NOTE: WRITTEN CONSENT OF MCI IS ALSO REQUIRED) 2. The notice shall be accompanied by drawing(s) showing the general plan, elevation, details and methods of Licensee's proposed construction, and the location of Occupier(s)' cable or facilities in relation to Licensee's proposed construction. 3. Prior to. any constriction, Licensee must locate and identify, any existing cable, wire or fiber optic line (including any appurtenances thereto) of said cable occupier(s) traversing or located in, on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk. 4. Any changes, alteration, relocation or protection of wire(s), cable(s) or facilities of such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as otherwise negotiated between Licensee and said Occupier(s). 5.. Licensee shall be solely responsible and liable for any damage to (e.g., cutting, dislocating, etc.) said wire(s) or cable(s), and appurtenances thereto, resulting in any way from Licensee's exercise of rights or privileges under this Agreement. 6. Licensee shall defend, -indemnify and hold Licensor harmless from any such damage claims and any relocation or protection costs of said Occupier(s). CSX TRANSPORTATION, INC. Licensor: (Initial) (Date) CITY OF CLEARWATER Licensee: (Initial) (Date) OCT-01-02 07:50AM FROt4- OP Dresrer & McKae Inc. 8132888787 T-307 P.002/003 F-474 KUKM LSAT 7454 -- AM )r3I/U2 (Page I of 2) APPLICATION FOR VRE OR CABLE LINES CROSSING OR PARALLEUNG PROPERTIES AND TRACK Submit ono origural and one copy of both the application and drawing along with a $650.00 nonrefuudablc Application Fee to CSX TirawpartuHon, Property Services .T1 so, 500 Water Street; JacksonviIlc; FL 32202. Application and plans must be approved and written authority received from the tai;road before construction is begun. Your proposal and.construc imr must be in accordance with CSXT's Spedficatiohs, the Nagoom Electrical Safety Code, and any governing caws or regulations. Note: Specifications furnished in the Application Package are to be used as a guideline only. CSXTmserv= the right to approve or decline any application. PLEASE SIGN BEFORE COBVXETJNG: I affbw the information I am A nnighing in this application wi11 comply with the NESC Standards and accurately reflects the proposed construction plans: Signattuc: Date: I o r D? Je cr ormatzon O Check %= if agreement should be mailed to this address. 1. Complete Le Name of Ikmit as it would a ear in a legal document Inaccurate information will dell V err reg nsst). CijX of Clearwater, Florida 2. Company ContactNamw Brian Barker, P.E. 3. Tekphouec QZD 562-422 Fmc (223 562-4755, 'B-MAH: . 4_ Strrc4Addness; 70 t]e Avenue 220 City: Clearwater Smw: FL Tap. 33758 5. Type Hof busiacss: Cl ---- Corporation (State of incorporation l O Parinccship U pa and Stem of 1.'arWersWp - D Individual ? Developer §j Municipality gtneer ons tan orm n XX Cluck here if afire went should be mailed to this address 6. CompmyName: _ Camp Dresser S McKee Inc. 7. Co%npnny Cont=Xnzne: Robert Armstrong, P-E- Title: Project Manager 8. Telephone: C §j1 281--2900 Fa= (.2J1 208-8787 F.'MaiIz - -- _ .` 9. StraetAddress: 1715 N. Westshore, Suite 875 Ccty_- Tampa Statc:• FL Zip: 3j-607 IMUPH non= (Xvfa -Uetric lnfarm4V0n )"ift NOT he accepted) 10. b this installation: 1XNew O RM isian to existing D Att ebmcnt to existing O Vpgra.de to ea4sting 11. If not a new immIlatlon, furnish existing Agrm emcnt Number, 12. Ifthis installation is to be a supplement to your master (general) agreement, furnish: AgmementNumbon --- Date: M 13. Application Date: September 19, 2002 . Your Itefamce Number: 14. Town Location: Cl earwater County: Pinellas State/Province: 15. Type of Crossing: 0 Electric- ? CATS ©'rciephone i JP Communications D Other (explain): i 16. Number of tracks to be crossed: one ! 17. Crossing is dedicated to: 0 Trunk O Distribution 0-Transmission p Ocher 18. Conductor Material: 0 Copper 0 Aluminum 0 Fiber Optic & Fiber Count 19. ? AC /O DC : Voltage: No, of Phases: Amperes,. Hcrtx: 20. Maximum "Voltage: Maximum Cumut: 21. Maximum Fault to Ground- - 22. AWG Gauge: OCT-01-02 07:50AM 23 F. F 2!1, FROM-Camp Dresser A McKee It:c. 8132888787 T-307 P.003l003 F-474 FORM CSXT 7454 - Rev. $131/02 (Page 2 o f 2 Is this both a Cscssing and Parallelism? - -1, 370 feet Crossing location: __,1370 If known: Valuation Station: If known: LatitudaUrigitude: rfkuown: Stmt Addnms of Crvssing/Parallclxsm: - 25. Parallelism location: Beginning at: feet N E S W from Rairread Mil 26. 27 28. 29. 30. 31. 32. 33. 34. 35. 1. Total curial lcpgth on Railroad R/W: Total number of CSC polo lines to be crossed: Type•ofwim supports: Size: False dead ends- He t of•cvbw above top ofrail at 60°f: feet Sag iu Spans at 60°f_ Height oftvites above Railroad communication and signal wires at 60°f: feet epost. _ _ atzd Ending at feet: N B 5 W from Railroad Milepost" Total length on Railroad R/W.- 42.4 feet Length Crossing': Length Paralleling: Will lino be located entimly witbin ac public road right-of-way? ig Yes O No ** Ifyou ans=d yes, road nmae, number, and width of public right-of-way aFO Mquired on drawing 130T AR CrosslagNumber. DOT -626815H a) V1111 this occupancy connect to an existing facility within Railroad corridor? ? Yes a No b) If Yes, mama facility owner(s): Nmubcr of © Maahrilcs ? Mndholes 13 Pell boxes ? C ther (d-=n`be) to be located within rilroad corridor. Dimensions ofariellary structures are rcgquired on drawing. 13ist wca from manholcs/handholes/pull baxestother to nearest trade N/, Number ofnewpoles to be located on Raikmd RIW: N/_A Numbci ofcadstirigpoles to be utilized on Railroad R/W: N/A - , Owmr of wdsting poles to be utilized within Rmuilroad R/W. A /A . DZstmea from bum ofpole utiUmd to nearest rail of traclc N/A Un dlergrgund facMUcr.. (For the purposes of Ails app&o fon, Cairdrrit orrarserduct shalf mean a single dud or pfpe sauFt kfor hausrifE cables or li?ovq). Total buried length on Railroad r,uw; 42.4 feet Number of Conduit(s): 2 Total Filled Conduits): Total Empty Conduit(s): ?. Number of Cables or Lines in each Conduit: Number of Cotzductors is each Cable or Line: Enewo nerl mabmial: steel Outside diameter.: 13.9 26 i n . Wail thjdmcss: • O.188,i n _ minimum Bury depth from base of rag to top ofcasing: 5.50 feet - - Bury depth on right ofway. $usy depth below ditches: Aerial facilities: 37. Identify each intended user of the conduit/cable: 38, -EntiV p=farming construction: To be determined through construction b-i ddi.n procedures 39, NWnber of Ebcrs per cable: mvislon ? 1: 5uh ivision 0.1 C-; 1 l-e- No. of Crossings: Valuation Stction Map No.., 1 Z P ?.. [_• I Absoluta No.: Valuation Station: 1 -3 5 1 1 • ?, ?., Milepost: -c-, Y L.? 2 4- :;>. 4:. ..,...._ .. but not beneath tracks: 5.50 _ feet NIA - - - feet CO Yes Amin Na N E S Railroad Milepost 5Y874 .._. Valuation Map Number, cSx 01 •??? n CENTERLIN { .yea of TRACx SCALE 1 "-30' 15!'f MA1 (ll. F£Ew \ t y1U MP SY 874 I STY METAL BLDG ryy , 1711 1011 1160,EL-25.20' FFE"27.24' / 2-4' HDPEA? c? STA: 90F54.41,0/5:25.SYLT / CONDUITS F ROAD R/W ? ttr ANGLE of C -- ` - Y cOHC S& c ON f n?x ngAO s - s = RYgOjSJE .E i ON CONC wise 35 33' v ! 0 5' COPC a#e ' t' 1D0T 026815H 'q \ \ I ISY 674,2 U? r?? t OF MYRTLE AVE CSx R/W OL[#H[AO i qM 90+00 CSx R/W 91+ 0 sscHU cA# 92+00 N00='33'w GONSTRUCTION BASELINE t rI GVE PH swvu ?1 s r/?ip?t 1 I FIR 5/8' AHp pleo? ` (I M ILLEGIBLE CAP ,r) r O 5' CONC cs#m r 1 1 C/P ! ppHH¦ 77 -4 5 OHS #1ut110Aq C#ps w r -{ OHN - ONM ' -AN N c0sfc s/r StUrAI ctT IraC [] i' car - r J - q.3 COHC L7lRe OA##OAq wup sra+u r0sc AYH AA PAOHWC FMK„c NOTE: ROAD R/w CENTERLINE ' OF TRACK Q SEE FIGURE 3 FO ??• 0 ° PARALLEL 8" D.I.P. WATERLINE "'" e \ \ a A CSx RACK R R/W 28 15.0 1 15.0 28 15' AT RIGHT 15' AT RI T ANGLE TO CENTERLINE ANGLE TO CENTERLINE 2B OF TRACK, AND ' OF TRACK, AND ATC CSI 2?iFTE 1,.2 1?' At-1 EhMMI IN E 26 OF PIPE I OF PIPE 24 BOTTOM OF RAIL FX -25,49 za 22 in 2 22 STEEL I CASING PE JACK AND SORE 2-4' I.D. HOPE 20 CONDUITS 20 P OF CASING EL-19.139 MAX 18 18 25' 25' CASCADE WATERWORKS CASING SPACER OR 16 25' AT R1GI1F RMIT-ANOU - - - APPROVED EQUAL, -'-" 16 ANCtE M OF TRACK, AND TO CENTERLINE OF SPA0NG-AS-NECDTII1AENUr-U ETY MANUFACTURER 35,5' CENTERLINE 3TRACK, AT CENTERUN HOR 1 ~= 0' 1 4 OF PIPE E AND CASING OF PIPE AND CASIN VER 1"=4 ' 14 City of Clearwater, Florida Figure No. 4 Pinellas County dnim Myrtle Ave. Roadway and Drainage Improvements ; CSX'-Pipeline Crossing At Myrtle Ave, West Side, 2-4." HDPE Wireline Conduits Clearwater City Commission Worksession item #: Agenda Cover Memorandum Final Agenda Item # Meeting late: 1117102 SUBJECTIRECOMMENDATION: Pass Ordinance No. 7015-02, modifying paragraph (9) of Chapter 33, Section 33.067 of the Code of Ordinance adding a new designated slow down minimum - wake zone off Marina Del Rey and Isle of Sand Key, on the first reading. 0 and that the a ro Oate officials be authorized to execute same. [All] killillT1X41 In 1990, the City of Clearwater adopted ordinance No. 4995-90 establishing a slow speed - minimum wake zone in the internal canals of Marina Del Rey and Isle of Sand Key due to reduced visibility. The Harbormaster was recently contacted by the board of directors of the Moorings of Sand Key whose residents requested having the wake zone extended to the east of their communities off Marina Del Rey and Isle of Sand Key. With the increase in the number of boaters, the open water where boaters can pick up speed and the blind corners entering the harbor, the community believes the zone should be extended further east for safety reasons. The current code requires persons operating vessels not to exceed five miles per hour within fifty feet of any dock, pier, seawall or shoreline within the waters of the City. (Ordinance No. 33.072) The general public does not seem to be aware of this rule, therefore it is necessary to have the zone posted. We would like to request that the Commission authorize a seventy-five yard buffer from the shoreline. Letters were sent to the ten homeowners whose properties are along the shoreline of Isle of Sand Key on Sand Key Estates Drive. Those surveyed were asked whether or not they thought a wake zone was necessary. Of the ten letters sent out, six residents responded affirming the wake zone needs to be extended. We have also received several additional requests from residents on Marina Del Rey. Once Ordinance 7015-02 is adopted, the City will request permission from the Fish and Wildlife Conservation Commission, Army Corps of Engineers, US Coast Guard and DEP for the permits to install the signage necessary to establish the extended minimum wake zone. Pinellas County.will be asked to pay for the signs and buoys from funds they have for that purpose, and the installation will be performed by Speeler Enterprises, who has the county contract. This process takes as much as six months. Reviewed by: Originating D' I : -----• Costs legal czrld info Svc NIA Marine & Aviali n Tidal NIA Budget NIA Public Works N/A User Dept.: Funding Source: Purchasing N/A DCM/ACM tarine & Aviation Current FY CI Risk Mgmt NIA Other Attachments OP 1. Ordinance 7015-102 Other 7. Wake Zone chart submitted by. City Manager ©Nune Appropriation Code: Printed on recycled paver M- kfR--,1 ORDINANCE NO. 7015-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 33, SECTION 33.067, CODE OF ORDINANCES, RELATING TO WATERWAYS AND VESSELS, TO MODIFY SUBSECTION (9) ADDING A NEW DEFINED AREA FOR SPEED RESTRICTIONS OF VESSELS EAST OF MARINA DEL REY AND ISLE OF SAND KEY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 33.067, code of Ordinances, is amended by modifying subsection (9) to read: Sec. 33.067. Same-Areas defined. (9) Slow down - minimum wake zone; internal canals, and 75 yards east of Marina Del Rey and Isle of Sand Key. All waters of the internal canals of Marina Del Rey and Isle of Sand Key, south of Marina Del Rev Harborage-Gouft and north of the southern boundary of the city are designated as a 'slow down - minimum wake zone.,, as well as 75 yards east from the northern most point of the shore_I_ine_ at_ Marina Del Rev, continuing south for approximately 460 yards parallel to Sand Key Estates _Drive, then back to the southern boundary of the city at 27 degrees 56 minutes 10 seconds north latitude and 82 degrees 50 minutes 9 seconds west longitude. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Bryan;E5. Ruff Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E, Goudeau City Clerk Ordinance No. 7015-02 F LEGEND Pr="ad Addition To The Existing Minimum Wake Zone WAKE ZONE BOUYS s 0 BE pr/ V % ? I Clearwater City WOrkse55lon Item .V: Commission Final Agenda Item P Agenda Cover Meeting Date; d •?- Memorandum SUBJECT/RECOMMENDATION: Approve adding subparagraph (h) to Section 2.063 (1) of the City Code, allowing ,up to two county residents employed within the city limits to be appointed to the Clearwater Housing Authority and pass Ordinance 7058-02 on first reading, and that the appropriate officials be authorized to execute some. SUMMARY: Currently, City Code, with specific exemptions, requires city residency for those individuals appointed to boards. The Executive Director of the Clearwater Housing Authority requested the Commission consider allowing County residents who are employed within the city limits to be appointed to the Authority, Staff was directed to determine if there were statutory or other requirements that would prol-iibit this. If none were found staff was also directed to prepare an ordinance effecting this change. No prohibitions were found. The attached Ordinance has been prepared providing for an exemption to the residency requirement for the Housing Authority. The proposed Ordinance limits the number of county residents serving on the Authority at any one time, to two., Reviewed b Legal Me Srvc NA Budget, NA Public Works NA Purchasing NA DCWACM Risk Mgmt NA~ Other A Submitted by, City Manager /•OM?.L,d Printed on rscycled paper Originating Dept.: CostsNA City Clerk, C. Goude Total User Dept.: Funding Source: Current FY CI Attachments OP Ordinance 7058.02 Other 13 None I Annrooriation Code: ORDINANCE NO. 7058-02 AN ORDINANCE OF THE CITY OF. CLEARWATER, FLORIDA, RELATING TO THE CLEARWATER HOUSING AUTHORITY; PROVIDING AN : ADDITIONAL EXCEPTION TO - THE REQUIREMENTS FOR QUALIFICATIONS AND APPOINTMENT OF MEMBERS UNDER CHAPTER 2, ARTICLE III, , DIVISION I, SECTION 2.063(1) ALLOWING A RESIDENT OF - PINELLAS COUNTY WHO IS EMPLOYED WITHIN THE CITY LIMITS TO BE APPOINTED TO THE CLEARWATER HOUSING AUTHORITY WITH THE LIMITATION THAT NO MORE THAN TWO BOARD MEMBERS MAY SERVE CONCURRENTLY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2.063(1) requires a person appointed to a board of the City of Clearwater. be a resident'of the City at the time of appointment and maintain residency .within the City during the term of the appointment as a condition of eligibility to hold office, unless exception is provided for under 2.063(1)(a)-(g); and WHEREAS, the.proposed amendment provides an additional exception to allow the Clearwater Housing Authority to appoint residents of Pinellas County who are employed within the City of Clearwater city limits; and WHEREAS, the proposed amendment limits the number of board members allowed under this exception to no more than two members serving concurrently; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: . Section 1. Section 2.063(1) is amended by adding the following: Sec. 2.063(1) (h) The Clearwater Housing Authority shall be allowed to appoint residents of Pinellas County who are employed within the city limits. This exception shall be limited to not more than two members serving concurrently. Section 2. This ordinance shall take effect immediately upon adoption. Ordinance No. 7058-02 PRELIMINARY AGENDA Clearwater City Commission Work Session 1:00 p.m. - Monday, November 4, 2002 PUR . PURCHASING Approval of Purchases (& Declaration of Surplus) per Purchasing Memorandum: 1. Purchase seven (7) Gate entry controllers from Semco Integrated Systems, Jacksonville, Florida for $54,054.09. (PW) 2. Contract to Mansfield Oil Co., Atlanta, Georgia for Diesel fuel and unleaded gasoline during the period 12/16/02 thru 12/15/03 for $950,000. (SWIGSS) 3. Purchase thirteen (13) 2003 Ford Crown Victoria Police Cruisers from Don Reid Ford, Maitland, Florida for $321,295. (SWIGSS) 4. Increase contract to Jeffry Knight, Inc., dba Knight Enterprises, Clearwater, Florida by $150,000 for gas main and service line installation during the remainder of the contract ending 12/311002. (CGS) 5. Purchase one (1) AA Spectrometer from Perkin-Elmer LLC, Norwalk, Connecticut'for $50,635. (PW) 6. Purchase one (1) Ballfield lighting system from Florida Sports Lighting, Dunedin, Florida for $79,500. (PR) DS DEVELOPMENT SERVICES 1. Greenwood Initiatives Action Program Presentation (WSO) LIB LIBRARY 1. Authorize quarterly payments of interest earnings to the Clearwater Library Foundation, Inc. at the cash pool rate of return on funds received from the Clearwater Library Foundation, Inc. for the new Main Library project in an amount not to exceed $100,000, until such time as all funds contributed for this project from the Foundation are spent. (Consent) 2. Approve naming the new North Greenwood Branch Library Community Room for Pastor Mac J. Williams, Sr. (Consent) MR MARINE (AVIATION 1. Pass Ord No. 7015-02, modifying paragraph (9) of Chapter 33, Section 33.067 of the Code of Ordinance adding a new designated slow-down minimum wake zone off Marina Del Rey and Isle of Sand Key, on the first reading. 2. Approve an agreement with Decade Properties, Inc. dba Clearwater Bay Marina from 12/01/02 to 11/30103, a one (1) year period, for the collection of daily launch fees at Seminole Street Launching Ramps for twenty-five percent (25%) of fees collected. (Consent) PR PARKS AND RECREATION 1. Accept Clearwater Cultural Plan , November 2002 and direct staff to commence with Implementation of the plan pending an ordinance or budget items, which will be brought back to the Commission at the appropriate time. (Consent) 11/04/02 Work Session Agenda 1 Rev 1 2. Accept third year grant funding and approve the corresponding agreement from the Juvenile Welfare Board totaling $61,914 for 100% funding of two teen programs. (Consent) 3. Approve a five (5) year agreement from 12/01/2002 to 1113012007, between the City of Clearwater and the Boys and Girls Club Inc., for the use and supervision of the Wood Valley Recreation Center.. (Consent) 4. Ratify and confirm City Manager approval of an increase in an existing contract with the firm of Bryant, Miller & Olive, P.A. in the amount of $16,000 for a total Purchase Order in the amount of $56,000 for attorney services to amend the Community Sports Development Agreement between the City of Clearwater and the Philadelphia Phillies and to assist in the work associated with the Home Depot acquisition and closing. (Consent) PD POLICE 1. Approve acceptance of a FY 2002/2003 Byrne State and Local Law Enforcement Grant in 'the amount of $68,794 from the Florida Department of Law Enforcement and approve an agreement with YWCA of "Tampa Bay for provision of contractual services during the period 10/01/02 to 09130103, in accordance with Sec.2.564(1)(e), Code of Ordinances - Sole Source. (Consent) PW PUBLIC WORKS 1. Approve a work order for construction administration services for the Grandview' Terrace Traffic Calming and Stormwater Improvements Construction Administration Services (02-0073-EN) to Wade Trim of Tampa, Florida in the amount of $29,645.34. (Consent) 2. Adopt Res 02-48 authorizing the City to enter into an agreement with CSX Transportation, Inc., for installation of two (2) 8" water mains and two (2) 4" fiber optic cable conduits in the CSX right-of-way as part of the Myrtle Avenue Drainage and Roadway Improvement project; and approve Pipeline Crossing Agreement Nos. CSX-044171 and CSX-044172 and Wireline Crossing Agreement No. CSX-044173. , 3. Approve Change Order No. 3 in the amount of $163,281.82 to Keystone Excavators, Inc. of Oldsmar, Florida for the Mandalay Ave/Papaya SttSan Marco Reconstruction (99-0098-EN), for demolition of the fountain at the roundabout, for a new contract total of $2,999,317.04. (Consent) 4. Approve a work order to Post, Buckley, Schuh and Jernigan, Inc, an engineer-of- record, to provide conceptual planning, public involvement and final design services for the Beach Walk project, for the not-to-exceed sum of $500,000. (Consent) 5. Approve Blanket Water Main Easement from The Grand Bellagio at Baywatch Limited Partnership to the City of Clearwater and Blanket Water Main Easement from the Grand Venezia at Baywatch Limited Partnership to the City of Clearwater. (Consent) 11/04/02 Work Session Agenda 2 Rev 1 PLD PLANNING 1. Public Hearing & First Reading - Ord 7004-02 and Ord 7005-02 - Approve the Land Use Plan Amendment from Residential Low (RL) to Institutional (1), and Zoning Atlas Amendment from County Zoning One, Two and Three Family Residential (R-4) and City Low Density Residential District (LDR) to City Institutional (1) District of properties located at 717, 719, 721, 723 & 725 South Bayview Avenue; 3018 & 3024 Penmar Drive; and Lot 5, Tract B of the Myron A. Smiths Bay View Subdivision (consisting of Section 16, Township 29 South, Range 16 East) (Our Lady of Divine Providence, House of Prayer, Inc. LUZ 2002-05006) CLK CITY CLERK 1. Re-appoint Commissioner Hamilton to the Pinellas Planning Council for a term of two years (01-01-2003 to 1213112004). (Consent) 2. Marine Advisory Board -1 Appointment (Consent) 3. Neighborhood & Affordable Housing Advisory Board -1 Appointment (Consent) 4. First Reading Ord 7058-02 - Approve adding subparagraph (h) to Section 2.063 (1) of the City Code, allowing up to two county residents employed within the city limits to be appointed to the Clearwater Housing Authority. CA LEGAL DEPARTMENT Second Reading Ordinances 1. Ord 6924-02 - Land Use Plan Amendment for property at 19034 US 19 North from Commercial General to Residential Medium (Lot 1, Bradford Court Subdivision in Section 19-29S-16E) (Bradford Scott Corporation) LUP 01-09- 08 2. Ord 6925-02 - Rezoning for property at 19034 US 19 North from Commercial General to Residential Medium (Lot 1, Bradford Court Subdivision in Section 19- 29S-16E) (Bradford Scott Corporation) LUZ 01-09-08 3.. Ord 6972-02 - Land Use Plan Amendment from Commercial General to Residential High Density Residential consisting of property at 2551 Harn Boulevard. (Long Bow Corporation; James .G and Anastasia S Nichols) LUZ 02-02-01 4. Ord 6973-02 - Rezoning Atlas from Commercial to Medium High Density Residential consisting of property at 2551 Harn Boulevard: (Long Bow Corporation; James G and Anastasia S Nichols) LUZ 02-02-01 5. Ord 7022-02 - Annexation for 1576 Levern St. (Lot 5 and the East 13 ft of Lot 4, Blk F, Bonair Hills Subdivision in Section 11, Township 29 South, Range 15 East) Owners: Jamar L. Parker and Tracy Anderson. (ANX 2002-07008) 6. Ord 7023-02 - Land Use Plan for 1576 Levern St. (Lot 5 and the East 13 ft of Lot 4, Blk F, Bonair Hills Subdivision in Section 11, Township 29 South, Range 15 East) Owners: Jamar L. Parker and Tracy Anderson. (ANX 2002-07008) 7. Ord 7024-02 - Zoning Atlas. Amendments for 1576 Levern St. (Lot 5 and the East 13 ft of Lot 4, Blk F, Bonair Hills Subdivision in Section 11, Township 29 South, Range 15 East) Owners: Jamar L. Parker and Tracy Anderson. (ANX 2002-07008) . 11104/02 Work Session Agenda 3 Rev 1 8. Ord 7025-02 - Annexation for 3145 Downing St. (Lot 10, Downing Subdivision in Section. 16, Township 29 South, Range 16 East) Owners: Laureno and Maria Tavares. (ANX 2002-07009) 9. Ord 7026-02 - Land Use Plan for 3145 Downing St. (Lot 10, Downing Subdivision in Section 16, Township 29 South, Range 16 East) Owners: Laureno and Maria Tavares. (ANX 2002-07009) 10. Ord 7027-02 - Zoning Atlas Amendments for 3145 Downing St. (Lot 10, Downing Subdivision in Section 16, Township 29 South, Range 16 East) Owners: Laureno and Maria Tavares. (ANX 2002-07009) 11. Ord 7028-02 - Annexation for 321 Elizabeth Ave. (North 100 ft of the South 610 ft of the East 150 ft of the West 980 ft of the Southwest quarter of the'Northeast quarter in Section 17, Township 29 South, Range 16 East, less the Westerly 15 ft thereof) Owner: Nancy Wasilewski. (ANX 2002-07010) 12. Ord 7029-02 - Land Use Plan for 321 Elizabeth Ave. (North 100 ft of the South 610 ft of the East 150 ft of the West 980 ft of the Southwest quarter of the Northeast quarter in Section 17, Township 29 South, Range 16 East, less the Westerly 15 ft thereof) Owner: Nancy Wasilewski. (ANX 2002-07010) 13.. Ord 7030-02 - Zoning Atlas Amendments for 321 Elizabeth Ave. (North 100 ft of the South 610 ft of the East 150 ft of the West 980 ft of the Southwest quarter of the Northeast quarter in Section 17, Township 29 South, Range 16 East, less the Westerly 15 ft thereof) Owner: Nancy Wasilewski. (ANX 2002-07010) 14.' Ord 7031-02 - Land Use Plan Amendment for 1161-1165 Turner St. (Lot 15 and the East 35.7 ft of Lot 16, Turner Street Groves in Section '15, Township 29 South, Range 15 East) Owner: Orlandi, Inc. (LUZ 2002-07007) 15. Ord 7032-02 - Rezoning for 1161-1165'Turner St. (Lot 15 and the East 35.7 ft of Lot 16, Turner Street Groves in Section 15, Township 29 South, Range 15 East) Owner: Orland!, Inc. (LUZ 2002-07007) 16. Ord 7044-02 - Amending Article III Public Service Tax of the Clearwater Code of Ordinances to comply with Florida State statutes. Other City Attorney Items 1. Authorization to file lawsuit against WTAN regarding radio tower. City Manager Verbal Reports Commission Discussion Items 1. Set Economic Development Work Session. 2. Set Advisory Board Work Session. 3. Change February 6, 2003 Commission Meeting to Wednesday, Feb. 5, 2003. 4. Confirm dates for Downtown Redevelopment Meetings 5. Portable Storage Units Comparison Presentation(s) for Thursday Night 1. City Manager's Annual Report Other Commission Action Adjourn 11/04/02 Work Session Agenda ' 4 Rev 1 City otTleal-water 71 Economic Development Team City oE, cle"intirater I.Coilonlic Development 't'eam city of,clcau-waltr t;conomic Dcvclopmcnt Team City ofcle"I nv,itcr 0 113 k r + j` 14 f A2 .'?i:) ? ?''r t • w i Economic Development Team 4 City ot'Clcalvatct• Economic Development Team Cite of'C"Iccll-watcr Economic Dcvclol meat Team City of Clearwater Economic Development Tcam City of Clcarwatcr Economic Dcvclopmenl Team City of'Clearwater Economic Development Team !NORTH GREENWOOD STRATEGY ACTION PROGRAM Fiscal Year 2002103 Program Pro ec1 Evaluatio n $(a ! Department Assigned Slalue Economic Strat tty Study- HDR Enghw9rlny it TO K I ED L g rt North Greenwood Branch Libra x 1.33 9 Library. J, Slabo Dee. 1 2002 No. Greetlwood Recreation i Aquatics Complex K 4.2M Parks S. Rae. A. Kader Stormwater RelroOt x 160K Public Works M. Abdur•Rahim GrtsnwoodA arlmOnts ¦ 14M Housing 14. Carroll MLK Reclaimed Water L Conldor Enhsncetntnb x 2.41M Public Works K. Sidle Vine three!-Parks R Rae. she -Bteutificationtsuffer Parke A Rec. A. Kader Malntanance a Dev So rviess Nei hborhood Clean 8 tomatic code Enforotmeni Coon Code Ettforcenwnt x x x F. Hinson J. Kronschnabl J. Kronschnabl Nov. 1a 2002 Problem Promitt J. Kronschnabl De ted G Sarvkces x Public Works M. Abdur Rahlm Street awes Solid Waste 8ervkas x x M, AbdunRahlm ' Al. Abdur.Rxhlm Public Information x J. Molsick P Tan Hollows ro m Co ss S e i Wa ndin to Publk Facllitlet x Parks L Roc A. Kadtr January 2003 Ptan !den onal Corrrnw Faculties Housing all, Community Policing Strategy x x 5"K Housing police H. Carroll LL T. Hagova MLMA"In Private Pro AlIo nalLws x x 250K Housing B rslCarrolI ML Carmel Church Maeeabse Aequisition 125K Housin H. Carroll Aug-02 Fiscal Year 2003104 Program Proltcl Evaluation 11e) Department Assigned Economic Develo t Slab ieslFa ado 3m vemenla x ED Grants 25K ED1112usin D rsiCarroll Design Guldaiines Plennln steveruwn'sCroak Restoration RFP a 1tM PubNeWorks M.Abdur•Rahim Plaza Perk Ra aka and Restoration x 40K Pula L Rao A. Kadtr Nat hborhood Sidewalk Evaluation L Needs x 1M En ne*rln2 Idea Holt Avenue Pool Ahsmatlvet K x Parks L Rua A. Kader old N.Onenwuod Drench Library Use Alternatives Demolition Site Redevelopment x it 150K Team All 'Gaima Enhancements x Dev. Services F. Hinson 0dedyHousingB1teAthrnalHes x x Housing H. Carroll Economic Develo menl Strala a x ED _ L Byars Ira IamgnlatlonPhaseI-HDRReport _ Davalc Conrwclion wkth: pindles Coun UeWtco rabd Land Banks CDC'a L NornProfll Or nizallona Faith Based O anlrallons it rda nla Dv. eervieea Housing Ikousin Dev. 8arvlcei J. Kronschnabl H. Carroll _ H. Canoll F. Hinson Jack qne WI Stadium Alternatives x a Team _ A0 milli Housing Renovation im lamanlatlon Housing H. Carroll Bus Shelters NeedsIPSTA x Plennin M. Abdur•Rahim Fiscat Year 2004105 Program Pro tc! Evaluation I(@) Oe rtment Assigned (riff a Ca n M rite Avenue RaeensWetion a x -iaM tO.IM nirek_rr ny?? Public Works ??i at1 i M. AbdurRahlm jiL ?S G? naMan wf?70 ?? Arms Site Dewle mant s Team All Pinellas Trail Enhancemonla a x 0.59 Qnplnei- rlny-- K. 8'iJas _ T ?- Count owned Pro on Shvenson's Creek x x Team All Unimproved Parking Lots A11211men1 x x Dev. Services J. Kronschnabl -I - High Power U01111f Una Alternatives if Woks jUiblic Vine Sired Perks L Ree. Pro N Altrrnaliws ? It Team All North Greenwood Community Organizations And Missions Statements Sgt Allen Moore Community Partnership, Inc. 1201 North Betty Lane Clearwater, P133755 : Contact Person: Joseph Smiley 727.442-0059 Mission Statement: To empower the community to adopt healthy lifestyles free from substance abuse and crime by serving as a catalyst for leadership and providing education and resources in partnership with other communitysystems. North Greenwood Association, Inc. P.O. Box 805 Clearwater, F1.33755 Contact Person: Mr. Jonathan Wade 727 461-5291 Mission Statement The mission of the North Greenwood Association, inc. is to strive toward community excellence to promote leadership; economic development; and enhance the quality of life for each citizen. African American Leadership Council, Inc. 1002 North Greenwood Ave. Clearwater, F133755 Contact Person: Bilal F.1abeeb-ullah 727 298-8105 Mission Statement: The mission of the African American Leadership Council is to promote familyunity, educational excellence, economic development, cultural awareness, and leadership & organizational skills development, in order to enhance the quality of life for the African American community particularly and Pinellas County residents generally. NAACP P.O. Box 2073 ' Clearwater Fl 33757 Contact Person: Athonia Godwin (727) 443-2974 Mission Statement: To improve the political, educational, social and economic status of minority groups; to eliminate racial prejudice; to keep the public aware of adverse effects of.. discrimination; and to take the lawful action to secure its.elimination; consistent with the efforts of the national organizational and in conformity with the Articles of Incorporation of the Association, its Constitution and By Laws and as directed by the National Board of Directors. 1 North Greenwood Organizations List Page # 2 The Institute for Sister of Respect 1001 Mohawk Street Clearwater F133755 Contract Person: Psalms Mack (727) 443-3392 or (727) 712-5725. Mission Statement: Not available at the time of print Sepia, Inc.. P.O.Box95 Clearwater, Fl 33757 Contract Person: Muhammad Abdur-Rahim 727 461-3802 Mission Statement: To initiate, unify and give strength to community projects. To provide counseling for young people facing difficulties in today's society. To serve as a medium for exchange of ideas and information. -To promote literacy and racial harmony. Greenwood Panthers Culture and Sports Organization, Inc. P.O..Box 1541 Clearwater F133757' Contact Person: Carlos Langl 727 445-1735 Mission Statement: Provide a communication network throughout our community that: Provide tools necessary for our youth to excel (enrichment programs, football, teamwork, networking}. Establish a culture based on trust and respect (youth and adults). Deliver information to the community to let people know what's available to them ( counseling, seminars, aide, scholarships, grants, etc... ) To partner with and support the community we serve (Greenwood) Milk Production, Inc. P.O Box 262 Clearwater F1.33757 Contact Person: J. Fred Dixon Jr. 727 446-6648 Mission Statement: To bring the greater Tampa Bay Community events that will expose it's residents to culturally enriching experiences which will serve to enhance their own sense of self worth. Music, Dance, Theatre, Ants, and Entertainment playan integral role in the cultural growth of the African American community. Presently there is a void in this area of the community that requires filling. This void can be filled by the successful offerings of "Productions, Inc, 2 North Greenwood Organizations list page # 3 North Greenwood Health Resource Center 1001 N. Greenwood Ave. Building # 22 Apt.# 1 &2 Clearwater Fl 33755 Contact Person: Willa Carson or GIemma McCrae 727 447-6993 or 467-9411 Mission Statement The Mission of the Greenwood Community Health Resource is to provide quality health care to the under served citizens of the Greenwood area and Pinellas County. UppexPinellas Ministerial Alliance 1014 Pennsylvania Street Clearwater Fl 33755 Contact Person: Rev. William F. Sherman 727 446-6137 Mission Statement Not available at the time of print ClearwaterNeighborhood Housing Service, Inc. 608 North Garden Ave. dearwater F133755 Contact Person: Isay Gulley 727 442-4155 Mission Statement To improve the quality of life in the neighborhoods which it serves by promoting. revitalization through: home ownership, rehabilitation and economic development. Clearwater/Largo Chapter National Black Nurse's Association, Inc. P.O. Box 1676 Largo, F133760-1676 Contact Person: Willie Mae Newton 727 867-8567 Mission Statement: Provision for the enjoyment of optimal health is the birthright of every American. Major health interest groups and governmental agencies believe this and act upon it. Yet black Americans, along with the minority groups in our society, are by design or neglect excluded from the means to achieve access to the health mainstream of America. Therefore , we as Black Nurses have established a national organization to investigate, define and determine what the health care needs of Black Americans are and to implement change to make available to Black Americans and other minorities, health care commensurate to that of the larger society. Black Nurses have the understanding, knowledge, interest, concern and experience to make a significant difference in the health cane status of the Black community. The Clearwater/Largo Chapter of the National Black Nurse' Association, Inc. Hereby stand on these principles established by the National Black Nurses' Association, Inc. 3 North Greenwood Organizations List page # 4 Ervin's All American Youth Club, Inc. 1100 North Greenwood Ave. Clearwater F133755 Contact Person: E. Ajamu Babalola (Ervin) 727 443-2061 Mission Statement Enhancing the quality of life for families and individuals and to develop the full potential of those served. Klassy Kids P.O. Box 262 Clearwater, Fl. 34617-0262 Contact Person: J Fred Dixon, Jr. Phone:' 446-6648 Fax: 446-5290 Mission Statement" To provide training for he artistic youth whose artistic talents, goals and ambitions would otherwise be allowed to go undeveloped. Bethany C.M.E. Chuirh 1325 Springdale St.' Clearwater Fl. 33755 Contact Person Rev. Honey Sucker (727) 441-4689 Mission Statement Unavailable at the timc of print . ' Mt; Carmel CDC 1014 Pennsylvania Street ' Clearwater F133755 Contact Person: Mr. Maurice Mickens 727 446-6137 Mission Statement Not available at the time of print Del Teens .1201 Stoney Brook Ln. Dunedin Fl. 34698 'Contact Person: LaVetta'Williams (727) 734-8025 Mission Statement Provide public services through five point programs: 1. Educational development 2. Economic Involvement 3. Physical and mental health 4. Political awareness and involvement 5. International Awareness and involvement 4 1 Spiritual Changc 908 Pennsylvania Ave ClearWater Fl. 33755 (727) 461-5291 Contact Person: Jonathan Wade Mission Statement: A farnilyoriented program that is designed to help children and i families develop into their full potential. f Alpha Kappa Alpha Sorority PO Box 923 ' Clearwater FL. 33757 (727) CDnatact Person: Barbara Walls . , Mission Statement: Unavailable. Upper Pinellas Pasco Sickle Foundation PO Box 1147 • . Safety Harbor Fl. 34695 .. (727) 723-2493 Contact Person: Hattie Battle Mission-Statement: Unavailable Mind Body and Soul BobbyMitchell 461-4426 Mission Statement Not available at the time of Print Apha's Donnie Macahan 'Mission Statement: Not available at the time of Print Spring Time Elks Lodge Engman St.. Contact: Victor Williams South Clearwater Citizens for Progress Duke Tiernan President 298-8051 Religious Community Services Everybodies Tabernacle HEP Barbara & Chris Green . 442-9041 2000 FRIENDS MAI(E IT SPARKLE COMMUNITY CLEAN UP November, 16, 2002 FACT SHEET • 1000 Friends make it sparkle is a clean up initiative designed to coincide with the redevelopment projects taking place in the North Greenwood Community. • We are asking 1000 people to form a partnership with us from around the city for a community clean up. Residents in the community will clean up private and public properties in this massive clean up effort to support the redevelopment in.the North Greenwood community. • The Boundaries of the target area are from Drew Street North to Sunset Point Rd., from Sunset Dr and Osceola Ave. west to Highland Ave East. • The, initiative will not only clean up the community but will also allow a visible manifestation of community pride and partnerships that will help sustain the, redevelopment projects and continue community enhancement. • City Departments such as Public Works, Solid Waste, Code Enforcement, Police and Traffic Engineering will focus on service delivery to public property and R.O.W. prior to the clean up date to support what will be done prior to the day of the clean up. • Appeals are being made for organizations to partner with the city parks and beautification division by adopting rights of way. A sign will be installed in the ROW with the adopting organizations name stating that they have adopted the right of way and they will help to maintain the appearance of the right of way. • Organizations are being requested to also partner with us by providing finances for supplies such as tools, trash bags, gloves, food or utensils for the victory celebration and volunteer labor. • The clean up will culminate with a victory celebration and the completion of the new Library and Recreation and Aquatics Center and traffic calming. Join the many volunteers at the clean-up celebration on Phillies Avenue from 12:00--2:00 PM. FREE FOOD! GIVEAWAYS! ENTERTAINMENT! For Event Information, Please Contact: Fredd Hinson, City of Clearwater Neighborhood Services Manager Development Services Department ;(Maivater727-562-4665 fhinson@clecrwater-fl.com Ilrrn J MrrC WNN G.mrw..u va" Or.,. V.0 U-M Coan - I W,11r.,*+Mn I:..rr.rwrrr !lf Jmrn. Cc+T.....« lf.h M14aN. Gv? saturaarq November 16# zoos • 1: r. Residential Clean-Up Guidelines r Solid Waste and Recycling pick-up will begin between 8:00 AM and 8:30 AM and end by 2:00 PM. Residential properties only. Pick-up does not include commercial properties. No chemicals will be picked up on this date. Please cal I Pinellas County at 464-7500 f or more information. . Please keep sidewalks clear. Bring all items to the curb. Help your neighbors clean up their property! Please call 562-4920 if you have questions referencing ', mater garbage pick up. u Saturday, November 169 2002 0 a commercial properties. No chemicals will be picked up on this date. Please call Pinellas County at 464-7500 for more information. Please keep sidewalks clear. Bring all items to the curb. Help your neighbors clean up their property! Please call 562-4920 if you have questions referencing °Iearwater garbage pick up. ErrnJ ?t wY?Con.n+?.+r* Ww" 0n1 Vo wraC? Ofto N... Con.?.l Fwa H4tw4 Ca.rn , Mr Jaron. G? W6 &?ater 1000 Friends Make . It Sparkle November 16, 2002 Overgrowth Grass must be maintained under 12 inches high and must not extend more than 4 inches over the sidewalk, curb or edge of pavement. Rights-of-way and sidewalks shall be clear of refuse and vegetation and a height clearance of at least 8 feet from the pavement surface shall be provided unless an exception has been granted by the Urban Forester for protected trees (Section 3-1503.B.). Abandoned Vehicles All vehicles must be mechanically operable and display current registration or must be kept under a carport or in a garage. Operable means that the vehicle runs and all tires are inflated (Section 3-1503.B.6.). Outdoor Storage Equipment, material or furnishings not designed for use parts and tires, building materials and interior furniture Additionally, goods and materials may not be stored so abutting property or a public right-of-way (Section 3-912). Equipment; material or furnishings not designed for use parts and tires, building materials and interior furniture Additionally, goods and materials may,not be stored so abutting property or a public right-of-way (Section 3-912). outdoors, such as automobile may not be stored outdoors. that they are visible from an outdoors, such as automobile may not be stored outdoors. that they are visible from an Grass Parking Motor vehicles may not be parked, displayed or stared on grass or other unpaved area in multi-family or nonresidential areas, unless specifically authorized by the parking code (Section 3-1403.B.1.). Grass Parking - Single Family and Duplex Is restricted to one space only and that space must be adjacent and parallel to the driveway. If the space is not kept landscaped (as in "grass") it may have to be filled in with pavers, concrete, turf block or other approved suitable parking material (Section 3- 1407.A(4)).. Commercial Vehicles In residential zones commercial vehicles and semi-tractor trailer trucks or cabs may not be parked or stored on the street or street right-of-way. No semi-tractor trailer truck or cab may be parked or stored anywhere on a residential property. Commercial vehicles over 20 feet in length, 7 feet in height or 7 feet in width may not be located between the principal structure and the right-of-way (Section 3-1407.A.). Recreational Vehicles' Recreational vehicles, travel trailers, motor homes and camping trailers may not be parked or stored either in the street right-of-way or on private property between the principal stricture and the right-of-way. All RVs must be operable and display current registration. Hauling trailers are subject to the same restrictions (Section 3-1407.A.). Residential Parking Restrictions The parking restrictions placed on RVs, boats, commercial vehicles (except semi trucks and semi trailers) and hauling trailers do not apply to the loading, unloading or cleaning of these vehicles completed within a 24-hour period no more than 2 times a month; nor do they apply to commercial vehicles during the performance of a service (Section 3- 1407.13.). Canvas Carport Canvas or other similar materials may not be used for any accessory structure. A carport is an accessory structure (Section 3-201.9.). Fences require a building permit, which can be obtained from our Development Services Department at 727-562-4567. In addition, fences must be maintained in a structurally sound and attractive manner (Section 3-808). Address Numbering For public safety reasons, all developed properties must have their address number clearly visible from the street that they face and the numbers must be Arabic numerals (script and numbers on the curb do not meet code requirements). Residential properties must have numbers at least 3 inches in height; nonresidential properties must have numbers at least 6 inches in height (Section 28.82). Debris To keep our City free from blight, no accumulation of debris is allowed on a property (Sections 3-1503.$.5, and 7.). Vehicle Repair In residential zones, no repair of any vehicle is permitted unless such repair is either confined within a completely enclosed building or limited to vehicle service involving vehicles owned by a person who resides at that residence. Under no circumstance shall such repair be conducted as a commercial activity (Section 3-915). . Water Please tali; 562-4987 for the most current water rules. Right of Way Maintenance The property owner maintains all rights of ways in which the right of way is located for debris, lot clearance, mowing, etc. Community Response Team -- 562-4720 Recreational Vehicles Recreational vehicles, travel trailers, motor homes and camping trailers may not be parked or stored either in the street right-of-way or on private property between the principal structure and the right-of-way: All RVs must be operable and display current registration. Hauling trailers are subject to the same restrictions (Section 3-1407.A.). Residential Parking Restrictions The parking restrictions placed on RVs, boats, commercial vehicles (except semi trucks and semi trailers) and hauling trailers do not apply to the loading, unloading or cleaning of these vehicles completed within a 24-hour period no more than 2 times a month; nor do they apply to commercial vehicles during the performance of a service (Section 3- 1407.B.). Canvas Carport Canvas or other similar materials may not be used for any accessory structure. A carport is an accessory structure (Section 3-201.9.). Fences require a building permit, which can be obtained from our Development Services Department at 727-562-4567. In addition, fences must be maintained in a structurally sound and attractive manner (Section 3-808). Address Numbering For public safety reasons, all developed properties must have their address number clearly visible from the street that they face and the numbers must be Arabic numerals (script and numbers on the curb do not meet code requirements). Residential properties must have numbers at least 3 inches in height; nonresidential properties must have numbers at least 6 inches in height (Section 28.82). Debris To'keep our City free from blight, no accumulation of debris is allowed on a property (Sections 3-1503.8.5. and 7.). Vehicle Repair in residential zones, no repair of any vehicle is permitted unless such repair is either confined within a completely enclosed building or limited to vehicle service involving vehicles owned by a person who resides at that residence. Under no circumstance shall such repair be conducted as a commercial activity (Section 3-915). Water Please call: 562-4987 for the most current water rules. Right of Way Maintenance The property owner maintains all rights of ways in which the right of way is located for debris, lot clearance, mowing, etc. Community Response Team - 562-4720 ' d tCyr ti???y ?,? avA arwater 0 Interoffice Correspondence Sheet To: Mayor and Commissioners COPIES TO, COMMISSION From: Bill Horne, City Manager Date: October 8, 2002 OCT 0 8 ?2??2 PRESS RE: Economic Development Work Session CLERK / ATTORNEY This past July, Commissioner Jonson requested a Commission Work Session to discuss Economic Development: While we have discussed several of these issues during both the "Vision" discussion and the budget approval process, I would like to ensure we have covered all his concerns in adequate detail. The following is a list of Commissioner Jonson's issues: 1. The role of infrastructure maintenance in Economic Development 2. CRA strategies (what is best investment) 3. Integrated approach to the Beach and Downtown - overall long range ` financial plan for both areas. 4. Financing options for economic development 5. Tampa Bay Partnership - our involvement in emphasizing infrastructure issues vs. marketing (water, transportation, education - as quality of life issue and workforce development) 6.. Catalytic (and it cost) vs. incremental 7. Code compliance role in economic development 8. The role of revitalization of residential properties surrounding the urban center in contributing to downtown revitalization If this discussion is still necessary we need to schedule a date for a Special Work Session. O ?i CL AS cad d ? a y?z?1 r u _ b 12 -6 Sr 'A Z) ML M .8 l E m t! u I FL C ' Y3 `n a a d, " m m ° c f ! { ° t r4 E.?.... .? ! w ? OI ! C I $ I aI ? ? m ti ! C ti aca 8 j ? ? d Q I fff ? , ? ? p?? } « N I w ° m C? if 0 W IC9 1 N C N p 'n , E G m o F ?N a ! 79 E :E' tm I g ? 'a N ?IV o a ? ? c o tp a t6 r }x? 9 ccx++ ??++ x a? iii_ I -1 E ? I ?I r 1 ? w ?I ? m I O a ! LN m e to I I m N t ID Eu u E 41 R C { L E Ea I ? ? rn 0.. o N = 4 Gi d a z :5 A yi i u $ 1 14 a ? O ? C ? is m r- or- m m c rL "0 C c m E `o C a O FL :3 $ ! tq c ? v`m ! I a a w ° ; mac eg E E!Aal ! ! z l zB' z° I i a a. .. c :N O f~V _ N . . . i i ' I 3 ! ! Q I ! 3 z E z z ` Z I a ? v t 34 ° ?. 6 ` TL o I `I x 7a m e v C p ai x co n i r c f E ? E co v F - I I C 0 0 z Y , ay ! fl) ? 11jf j 4 r t 1 ? Z I i I ? ;a1 I cx x r x J.. 4 (D r- c ? m C).9 c E I ?e I u•q c c. ' ca 01 b C !a 1? c U 0 , f ! c ! F! ai E E m c =+ e ?K ?° 'E Q K s m c o m rv o? C FA ,?Np V p y, ff•?1 i ILg1 ?0. 1 f r April 25, 2000 Mayor Aungst Vice Mayor Johnson Commissioner Hart Commissioner Hooper Commissioner Clark Gentleman, As you know I _ have been attempting-to discuss the upcoming-PODS ordinance with you in hopes of expressing our view ints regarding this sensitive issue. As I have expressed to a couple of you, it is we envisioned-that the customer would take somewhere between 5 and 7 the U-Haut/mini storage combination, fewer mini storage complexes would be required throughout the With regards to long term storage on residential ro ert we believe it reasonable to govern the time period based on the duration of a construction _permit. Whether a resident is remodeling their home ultimately increasing their tax base, or they__have _been unfortunate enough to have had a fire, _flood,_or similar disaster requiring remodeling or restoration if a City building permit is issued, they are more than likely going to require a city dumpster for their trash. We believe it reasonable _that _during that same time period, a POD be permitted to be kept on site to store their valuables. Since the city is iri control of the building permit once the permit is closed, we believe it reasonable that the POD be removed from the premises. We„recognize, the sianage on PODS, being, utilized for long term an-site storage, -has become an issue, We have already begun tFie redesign of our sjgaage that, allows us, to convert our „4 foot x 10 foot slgn to a 12 inch xx 48 Inch sign or a sign not much larger than a legal pad of paper, when the POD is to be left on-site for extended periods.- This -process has already begun, but with over 2000 PODS In the Tampa Bay area and a re uire e t to access the interior of the POD to make the modifications it will take us some period. of time to totaf iy retrofit all of our PODS. Obviously some minimal amount of signage needs to be provided for on the POD to indicate not on!y ownership, but notification to neighboring residenceof_which company has provided the storage unit I have attached to this email a picture restrictive to most of our residents. St. Petersburg passed an ordinance allowing 7 days, which I believe is on the generous side of the equation. New 12" x 18" Long Term Signage Current 4' x 10' Long Term Signage