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,COMMISSION
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CITY COMMISSION SPECIAL MEETING
CITY OF CLEARWATER
December 19, '2000
Present:
Brian J,' Aungst
J. B. Johnson
, ' Robert Clark
Ed Hart
F. David Hemerick
'Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
CommIssioner
Also present: William 8. Horne II
Garry Brumback
Bob Keller
Pamela K. Akin
Cynthia E. Goudeau
Keith AshbV
Brenda Moses
Interim City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City. Clerk
General Services Administrator
Board Reporter
. The Mayor called the meeting to order at 9:00 a.m. at City Hall.
ITEM #2 . Approve Use Agreement with Ph:~.adelphia Phillies
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The City has been developing the means to build a new community sports complex.
The next step 'in conjunction with the City's development plans, which utilizes funds
provided by the State, Pinellas County, the City, and the Philadelphia Phillies, is to approve
a use agreement between the City and the Phillies. Pursuant to the City's application to
the Office of Tourism, Trade and Economic Development, to qualify for funds under
212.20, Florida Statutes, a fully executed Use Agreement must be entered into prior to
December 31, 2000. The Use Agreement is the legally binding document that details the
terms and conditions precedent to the use of a new community Sports complex by the
Phillies for spring training. The main components of the Use agreement are as follows; 1)
The initial term of the agreement is 20 years with the team having one five-year extension
right and the city and team having three mutually agreed upon five-year extensions; 2) the
mutual covenants of the parties, which include ownership of the facility, home field
commitment, Florida State League commitment and environmental laws indemnity; 3t use,
operation, and maintenance of the facility that includes Phillies use, public bodies use and
partnership events; 4) the marketing programs as set forth by the 'conditions provided by
Pine lias county; and 5) revenues, fees, taxes, and insurance responsibilities and
requirements.
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General Services Administrator Keith Ashby introduced those involved in the
process. The term sheet was approved in September 2000; the interlocal agreement in
November 2000 and the development agreement should be completed in January or
February 2001. Today consideration is being given for approval of the use agreement.
This document is not site specific but deals with how the project will operate economically
and operationally. It includes broad guidelines already approved in the term sheet. Mr.
Ashby reviewed the expenses and revenues for the current facilities a,nd projected
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expenses and revenues for Carpenter Field Complex and the new sport complex. He said
one of the major accomplishments of this use agreement is that the Phillles have agreed to
contribute $ 587 ,000 in advertising an,:"ually. '
, Mr, Ashby reviewed the three differences in the term sheet and the use agreement:
1) remedies for signage conflicts with sponsors of special events; 2) establishing criteria
for upgrading the facility; 3) criteria for decisions to rebuild the stadium if damaged or
destroyed. It was noted that if there are any interruptions in the ability to use the facility,
the term of the agreement will be extended to assure a full 20 year term.
, Bob Reid, of Bryant, Miller, and Olive, said the Phillies have agreed to a minimum 5-
, year extension in the event of an interruption of facility use. In response to a question, he
said should the Phillies decide not to extend the use agreement, the City would not be
obligated to rebuild th~ stadium.
In respon'se to a question, Mr. Ashby said staff has consulted with the Risk
Management Department regarding insurance to reimburse the City due to an interruption
of use. He does not anticipate any problems regarding the "name" of the stadium as the
contract provides that its name will fit the image of the City and be construed as ,
, "wholesome". The City will have the authority to approve the name. The contract ,
provides for a third party construction consultant engineer that would review both parties'
recommendations in the event of construction/repair issues. Should the Phillies' site
preparation/construction be found in violation of FDEP (Florida Department of
Environmental Protection) guidelines, the Phillies are obligated to ensure compliance. In
response to a question, Mr. Ashby said if the Phillies, decided not to proceed with
construction of the project, the City would still receive the State funding as granted over a
30~year period. City Attorney Pam Akin said the City has an umbrella insurance plan that
could provide additional coverage for structures in addition to self-insurance. In response
to a question, she said a separate additional lease for Carpenter Field would be presented
to the Commission for review. Mr. Ashby said staff would address the possibility of an
addendum to the agreement regarding a baseball strike or other monumental work stoppage
and its consequences. Mr. Reid said rents would not be affected by a work stoppage as
the minor leagues would continue to use the facility, and as rents are paid annually to the
City. He explained the "force majure" section of the agreement.
In response to a question, John Timberlake, Director of Florida Operations for the
Phillies, said the contract provides that the Phillies would own their own concessions.
HoweverJ he said the Phillies would not preclude some events such as Little League. high
school teams, etc. to provide concession services under specific predetermined guidelines.
He said the Phillies intend to be good neighbors and would continue to pay parking fees to
various groups during spring training. Concern was expressed that it is difficult to change
or place a cap on yearly expenditures for the facility once the contract is negotiate'd.
Commissioner Johnson moved to approve the Use Agreement between the City and
the Philadelphia Phillies. The motion was duly seconded and carried unanimously.
The meeting recessed from 9:58 to 10:09 a.m.
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ITEM #3 - Authorize City Attorney to execute contract with Siemon, Larsen & Marsh to
provide professional services relating to 3 proposals for redevelopment of Clearwater, Beach
and to provide further refinements to "Beach by DesignU, for $1001000
On August 8, 1998, the City authorized the execution of a c~:mtract with SLM
(Siemon, Larsen & Marsh) for professional services relating to the redevelopment and
, revitalization of Clearwater beach and downtown Clearwater in the amount of $445,900
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" over two fiscal years. As of this date, the Scope of Services outlined in this contract has
, been completed and the contractual amount for those services has been expended.
Included in these services was the pI'eparation of a document entitled "Beach by Design",
which was presented to Commissioners by SLM on October 17, 2000. Public hearings
also were held by the City to allow city residents to review the proposals contained therein.
Subsequent to that presentation, three different beach redevelopment proposals were
presented to City staff for review and analysis. SLM's participation and input during these
presentations has been useful and valuable to staff. Staff recommends that SLM be
retarned to provide further professional services relating to the three beach redevelopment
proposals, as well as to provide further refinements to "Beach by Design". The downtown
plan' project was funded in the, amount of $700,000 and only $185,525 has been spent to
date. The balance of these funds are being returned to the General Fund retained earnings
at first quarter, and of this balance, $100,000 is requested for appropriation to fund this
new contract with SLM.
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Assistant City Manager Bob Keller said he would personally monitor expenditures
, related to this contract with SLM. Ms. Akin said Mr. Siemon's fees of $200 per hour are in
line,' if not lower, than most attorneys' fees. Open contracts with SLM are being closed as
related projects are completed. Mr. Keller said total expenses paid to SLM over a three-
year period are approximately $821,000. In response to a question, Mr. Keller said he felt
that a fresh set of eyes would be at a disadvantage in this process due to Mr. Sier!1on's
vast experience and ongoing knowledge of the City and its redevelopment efforts, his
interaction with various entities regarding development proposals, and the down-time and
enormous effort required for a new consultant.
Commissioner Clark moved to authorize the City attorney to execute a contract with
Siemon, Larsen & Marsh to provide professional services relating to three proposals for the
redevelopment of Clearwater beach and to provide further refinements to "Beach by
Design" in the amount of $100,000. The motion was duly seconded and carried
unanimously.
ITEM #4 - Adjourn
The meeting adjourned at 10:35 a.m.
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ATTEST: (l~\Lc 5:.1:l--kl",=-=
City Clerk
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12/19/00