12/01/2008
WORK SESSION AGENDA
Council Chambers - City Hall
12/1/2008 - 1:00 PM
1. Office of Management and Budget
1.1 Authorize the funding of the Royalty Theater and Lokey building property purchases in the amount of
$2.4 million from available Penny for Pinellas reserves, rather than from Special Development Fund
reserves as previously approved.
Attachments
2. Financial Services
2.1 Approve legal services agreements between Banker Lopez Gassler PA and The Law Office of Tim
Jesaitis, PA, and the City of Clearwater for legal services relating to workers' compensation claims,
authorize the appropriate officils to execute same and authorize payments to said firms in an amount not
to exceed $215,000 for the period, January 1, 2009 to December 31, 2011. (consent)
Attachments
3. Human Resources
3.1 Approve the collective bargaining agreement as negotiated between the City of Clearwater and CWA
Local 3179 for Fiscal Years 2008/09, 2009/10, and 2010/11.
B Attachments
4. Parks and Recreation
4.1 Review proposals for the Nagano Exchange High School Student Scholarship (WSO)
Attachments
4.2 Approve Standard Agreement Form to be used with the various Senior Adult Co-Sponsor Groups and the
City of Clearwater and authorize the City Manager and/or his designee to approve such agreements.
(consent)
Attachments
5. Engineering
5.1 Approve the applicant's request to vacate the 40-foot street right-of-way of Myrtle Avenue that lies along
the West property lines of Lot 1 and Lots 9 through 26 inclusive, Block "J", Belmont Second Addition,
(a.k.a. 801 Howard Street), subject to the retention of a drainage and utility easement over the full width
of the street right-of-way to be vacated and approve Ordinance Number 8015-08 on first reading,
(VAC2008-02 Eggers-City of Clearwater),
Attachments
6. Planning
6.1 Continue Public Hearing and First Reading of Ordinance 7999-08 regarding downtown parking to
December 18, 2008.
Attachments
6.2 Continue amended and restated Development Agreement for property located at 100 Coronado, between
K and P Clearwater Estate, LLC (the property owner) and the City of Clearwater (Case No. DVA2008-
00001)and adopt Resolution 08-14.
Attachments
7. Official Records and Legislative Services
7.1 Review Library Board Code Sections and provide direction re amendments. (WSO)
Attachments
8. Legal
8.1 Continue Public Hearing and 2nd Reading of Ordinance 7999-08, regarding downtown parking, to
January 15, 2009.
Attachments
8.2 Continue Public Hearing and 2nd Reading of Ordinance 8015-08 to December 18, 2008, regarding
VAC2008-02 Eggers.
Attachments
9. City Manager Verbal Reports
9.1 City Manager Verbal Reports
Attachments
10. Council Discussion Items
10.1 Assistant Fire Chief Structure (WSO)
Attachments
10.2 Public Art Ordinance (WSO)
Attachments
11. Other Council Action
11.1 Other Council Action
Attachments
12. Adjourn
13. Presentation(s) for Council Meeting
13.1 Turkey Trot Presentation - Kevin Dunbar, Parks and Recreation Director
Attachmentc
Meeting Date: 12/1/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Authorize the funding of the Royalty Theater and Lokey building property purchases in the amount of $2.4 million from available
Penny for Pinellas reserves, rather than from Special Development Fund reserves as previously approved.
SUMMARY:
At the November 6, 2008 meeting, the City Council authorized the assumption of the contracts to purchase the Royalty Theater and the
Lokey buildings in the amount of $2.4 million. Funding for the contracts was provided from the unappropriated retained earnings of the
Special Development Fund.
At that time, Council directed staff to hold a public hearing to allow the purchase to be funded from Penny for Pinellas reserves, rather
than Special Development Fund reserves.
Upon authorization of this agenda item, first quarter amendments will reflect the transfer of $2.4 million of Penny for Pinellas funds to
project 315-93614 for the property purchase. The Special Development Fund reserves of $2.4 million will remain in the Special
Development Fund for appropriation until needed for other projects.
Type: Purchase
Current Year Budget?: None Budget Adjustment:
Budget Adjustment Comments:
See Summary
Current Year Cost: $2.4 million Annual Operating Cost:
Not to Exceed: Total Cost:
For Fiscal Year: to
Appropriation Code Amount Appropriation Comment
315-93614 $2,400,000 Penny for Pinellas reserves
Review Approval: 1) Clerk 2) Assistant City Manager 3) Clerk 4) City Manager 5) Clerk
Yes
Cover Memo
Item # 1
Attachment number 1
Page 1 of 1
CITY OF CLEARWATER
NOTICE OF PUBLIC HEARING
PENNY FOR PINELLAS PROJECTS
CITY COUNCIL MEETING
Thursday, December 4, 2008
6:00 p.m.
A public hearing will be held by the City of Clearwater, in City Council Chambers, in City Hall, 3?d
floor, 112 South Osceola Avenue, Clearwater, Florida, regarding the use of Penny for Pinellas funding for
the following project:
Royalty Theater - A new project to provide for the purchase of the Royalty Theater and Lokey
buildings in the amount of $2.4 million with the intention of Ruth Eckerd Hall to eventually take
on the responsibility of renovation and operation of the Royalty Theater.
The purchase cost of $2.4 million will be funded from available Penny for Pinellas reserves.
Interested parties may appear and be heard at the hearing or file written notice of approval or objection
with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the
Commission, with respect to any matter considered at such hearing, will need a record of the proceedings
and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based per Florida Statute
286.0105.
All individuals speaking on public hearing items will be sworn in.
Cynthia E. Goudeau, CMC
City Clerk
City of Clearwater
P.O. Box 4748, Clearwater, FL 33758-4748
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK
DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL
THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090.
Item # 1
Meeting Date: 12/1/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve legal services agreements between Banker Lopez Gassler PA and The Law Office of Tim Jesaitis, PA, and the City of
Clearwater for legal services relating to workers' compensation claims, authorize the appropriate officils to execute same and authorize
payments to said firms in an amount not to exceed $215,000 for the period, January 1, 2009 to December 31, 2011. (consent)
SUMMARY:
The City of Clearwater self-insures its workers' compensation exposures, and Risk Management administers the claims. Only a small
portion of these claims result in attorney involvement. Risk Management uses two attorneys in response to our Workers' Compensation
claims, and we are pleased with their services.
Type: Operating Expenditure
Current Year Budget?: Yes Budget Adjustment:
Budget Adjustment Comments:
Current Year Cost: $215,000
Not to Exceed: $215,000
For Fiscal Year: 2009 to 2011
Appropriation Code Amount
590-07000-545800-519-000. $215,000
Annual Operating Cost:
Total Cost:
Appropriation Comment
No
$215,000
Bid Required?: No Bid Number:
Other Bid / Contract: Bid Exceptions: Other
Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Approval: Manager 8) Clerk
Cover Memo
Item # 2
Attachment number 1
Page 1 of 5
LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the 16t" day of October, 2008, by and between the
CITY OF CL RWATER, FLORIDA (the "City") and The Law Office of Tim Jesaitis, F.A.
("Counsel").
WITNESSETH:
SECTION 4. TERM. This Agreement will be effective from January 1, 2009 to
December 31, 2011.
Item # 2
Attachment number 1
Page 2 of 5
an amount in excess of S1,000,000. This provision shall survive the ten-ruination of this
Agreement.
SECTION %. CONFLICT OF IN-1 EREST. It is understood by the City and Counsel
that Counsel is not aware of any clients of the firm that currently present any conflict
between the interests of the City and other clients of Counsel. If any potential conflict of
interest arises during the time Counsel is representing the City, Counsel will promptly
inform the City. The City is under no obligation to agree to permit the conflict
representation.
SECTION 8. CONSTRUC Ti ION AND AMENDMENT S. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. his
Agreement may be amended only by a writing duly entered into by the City and Counsel.
SECTION g. CANCELLATION OF AGREEMENT.he City or Counsel may
cancel or terminate this Agreement upon ten days advance written notice to Counsel. In
the event of cancellation, Counsel shall immediately cease work hereunder and shall be
reimbursed for eligible and documented reimbursable expenses incurred prior to the date
of cancellation
SECTION 10. ATTORNEYS F=EES. in the event that either party seeks to
enforce this Agreement through attorneys at law, then the parties agree that each party
shall bear its own costs and that jurisdiction for such an action shall be in a court of
competent jurisdiction in Pinellas County, Florida.
IN WITNESS WHEREOF the City and Counsel have executed this Agreement as
of the date first written above.
Countersigned.
CITY OF C;LEARWATER, FLORIDA
By
William B. Horne II
City Manager
Frank V. Hibbard
Mayor
Approved as to form:
Pamela K. Akin
'ity Attorney
Attost:
Cynthia E. Goudeau
City Clerk
We Law Office of Fim Jesaitis, P.A.
Item # 2
Attachment number 1
Page 3 of 5
LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the _ _ day of , 2008, by and
between the CITY OF CLEARWATER, FLORIDA (the "City") and the law firm of E32nker
Lopez Oassler PA ("Counsel").
WITNESSETH:
WHEREAS, the City wishes to retain a firm to serve as Counsel in connection with
matters pertaining to workers' compensation claims filed against the City of Clearwater.
NOW, THEREFORE, in consideration of the promises and mutual covenants
herein contained, the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is
hereby authorized to provide services as described in this Agreement and for the
professional fees described in this Agreement.
SECTION 2. SCOPE OF SERVICES, Counsel hereby agrees to provide its
professional services in connection with workers' compensation claims as assigned by
the City of Clearwater.
SECTION 4. TERM. This Agreement will be effective from January 1, 2009 to
Decemb-r 31, 2011.
SECTION . INDEMNIFICATION AND
defend, indemnify and hold the City and its
harmless from and against any and all losses
charges, professional fees or other expenses
arising out of or due to any negligent act or
INSURANCE. Counsel agrees to protect,
officers, employees and agents free and
, penalties, damages, settlements, costs,
or liabilities of every kind and character
omission of Counsel or its employees in
Item # 2
Attachment number 1
Page 4 of 5
connection with or arising directly or indirectly out of this Agreement and/or the
performance hereof. Without limiting its liability under this Agreement, Counsel shall
procure and maintain during the life of this Agreement professional liability insurance in
an amount in excess of $1,000,000. This provision shall survive the termination of this
Agreement.
SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. This
Agreement may be amended only by a writing duly entered into by the City and Counsel.
SECTION 10. ATTORNEYS FEES, In the event that either party seeks to
enforce this Agreement through attorneys at law, then the parties agree that each party
shall bear its own costs and that jurisdiction for such an action shall be in a court of
competent jurisdiction in Pinellas County, Florida.
IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as
of the date first written above-
Countersigned: CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
G
William B. Horne II
City Manager
Item # 2
Attachment number 1
Page 5 of 5
Approved as to term Attest
Pamela K. Akin
City Attorney
Cynthia E. C oudeau
City Clerk
Flanker Lopez Gassier PA
By
Item # 2
Meeting Date: 12/1/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the collective bargaining agreement as negotiated between the City of Clearwater and CWA Local 3179 for Fiscal Years
2008/09, 2009/10, and 2010/11.
SUMMARY:
The most recent collective bargaining agreement between the City of Clearwater and CWA Local 3179 expired on September 30,
2008. City management staff and representatives of CWA Local 3179 met beginning in August of 2008 to negotiate a new contract. The
parties reached a tentative agreement on November 6, 2008. The Union submitted the proposed agreement to its membership who
ratified the agreement by a vote of 191 to 178 on November 20, 2008. The cost associated with the implementation of this agreement is
anticipated to be approximately $813,260 in the first year of the contract, with approximately $364,635 being incurred by the General
Fund. Additional costs in the form of future wage increases will be the subject of subsequent negotiations in years two and three.
This is a three-year agreement providing for a 2.5% merit increase in the first year for all bargaining unit personnel, and establishing re-
open terms to negotiate merit increase amounts for the second and third years. The agreement also clarifies rules regarding hours of
work, establishes new alternate duty and absence management provisions including a reduction in the maximum accrual of sick leave
for new employees from 1560 hours to 1040 hours, and modifies the City's Performance and Behavior Management Program to allow
for unpaid disciplinary Decision-Making Leaves to be assessed for periods of one work day up to twenty work days duration.
Review Approval: 1) Clerk 2) Human Resources 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 3
Attachment number 1
Page 1 of 57
AGREEMENT
between
CITY OF CLEARWATER, FLORIDA
and
COMMUNICATIONS WORKERS OF AMERICA, Local 3179
FISCAL YEARS
2008-2009
2009-2010
2010-2011
Item # 3
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Item # 3
TABLE OF CONTENTS
Attachment number 1
Page 3 of 57
ARTICLE # TITLE PAGE #
Preamble .........................................................................................1
Article 1 Recognition ....................................................................................1
Included & Excluded Members ...................................................................1
Managerial & Confidential E mployues .......................................................1
General Provisions ........................................................................................ 2
Article 2 Representatives of Parties ..............................................................2
Article 3 Rights of Parties .............................................................................3
City's Management Rights ............................................................................ 3
Union Rights .................................................................................................. 4
E mergency Conditions ................................................................................. 6
Impact Bargaining .......................................................................................... 7
Article 4 No Strike .........................................................................................7
Article 5 Labor/Management Cooperation ..................................................7
Article 6 Grievance Procedure ......................................................................8
Definition ........................................................................................................ 8
Steps ................................................................................................................ 9
Arbitration ....................................................................................................10
Article 7 Personnel Practices ......................................................................12
Regular Work Hours ...................................................................................12
Appointments & Promotions ....................................................................13
Probationary Periods ...................................................................................15
Health & Safety ............................................................................................17
Paycheck Issuance .......................................................................................18
Article 8 Leaves of Absence ........................................................................18
Designated Holidays ....................................................................................18
Floating Holidays ......................................................................................... 20
Vacation ........................................................................................................ 21
Sick Leave ..................................................................................................... 24
Funeral Leave ............................................................................................... 29
Line-of-Duty Injury ..................................................................................... 30
Military Leave ............................................................................................... 31
Jury Duty and Court Time ......................................................................... 32
Administrative Leave ................................................................................... 32
Leaves without Pay ...................................................................................... 33
Other Time Off ........................................................................................... 33
Union Time .................................................................................................. 34
Alternate Duty & Return to Work ............................................................ 35
Item # 3
TABLE OF CONTENTS
Attachment number 1
Page 4 of 57
ARTICLE # TITLE PAGE #
Article 9 Wages & Compensation ...............................................................36
Salaiy ............................................................................................................. 36
Overtime ....................................................................................................... 37
Standby & Recall .......................................................................................... 37
Shift Differential .......................................................................................... 39
Acting Pay ..................................................................................................... 39
Training Differential .................................................................................... 39
LeadwDrker Pay ............................................................................................ 39
Assignment Pay Differential ...................................................................... 40
Uniforms & Rain Gear ............................................................................... 40
Certification Pay ........................................................................................... 41
Replacement & Repair of Tools/ASE Certifications ............................. 42
Training and Career Development ............................................................ 42
Travel and Nliileage ....................................................................................... 42
Commercial Drivers License ...................................................................... 42
Tuition Reimbursement .............................................................................. 43
Article 10 Insurance ...................................................................................... 43
Article 11 Performance & Discipline ............................................................44
Article 12 Drug & Alcohol Policy ................................................................. 44
Article 13 Retirement .................................................................................... 45
Article 14 Seniority, Layoff, and Recall ........................................................46
Seniority ........................................................................................................ 46
LaWff ............................................................................................................47
Article 15 Duration, Modification, & Termination ...................................... 48
Appendix A Alphabetical Listing of Represented Classifications ......................i
Appendix B Pay Range Tables ...........................................................................v
Item # 3
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PREAMBLE
The CITY OF CLEARWATER, FLORIDA, hereinafter referred to as the City , and
COMMUNICATIONS WORKERS OF AMERICA LOCAL 3179, hereinafter referred to as
the Union , (PERC Certification Number 170), recognizing that the welfare and the best
interest of the City of Clearwater will be served by procedures which provide for an orderly
method for the City and the Union to bargain in good faith matters of common interest, do
hereby agree as follows:
ARTICLE 1
RECOGNITION
The City recognizes the Union as the exclusive bargaining representative for wages, hours and
other term and conditions of employment for employees of the City of Clearwater, Florida, who are
members of the unit as herein defined
Included: Nonprofessional employees of the City of Clearwater (See Appendix for listing of
included job classifications).
Excluded: Department Heads; Division Heads; Managerial and Confidential Employees
within the meaning of Section 447.203 (4, 5), Florida Statutes; all Professional Employees within the
meaning of Section 447.203 (13), Florida Statutes; and all other employees of the City of Clearwater
not specifically mcluded.
Section 1. Managerial Employees
"Managerial Employees" as defined in Section 447.203 (4), Florida Statutes, are employees who
have authority m the interest of the public employer, City of Clearwater, to formulate policy or are
reasonably required to assist directly in the preparation for and the conduct of collective bargaining, or
have a major role m the administration of agreements resulting m collective bargaining, or have a
significant role m personnel administration or employee relations and m the preparation and
administration of budgets and said roles are not of a routine, clerical or administrative nature and
require the exercise of independent judgment. Historically, these job classifications have been treated
as managerial within the foregoing criteria.
Section 2. Confidential Employees
"Confidential Employees" as defined in Section 447.203 (5), Florida Statutes, are employees
who act in a confidential capacity to assist or aid managerial employees as set forth above and as
defined m the Florida Statutes; specifically said employees have access to and assist m the preparation
for collective bargaining, budget, and all have access to information dealing with the administration of
this contract, including the handling of grievances under the grievance procedure as set forth herein
Item # 3
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Section 3. General Provisions
This Agreement shall be governed and construed according to the Constitution and Laws of
the State of Florida. Accordingly, if any provisions of this Agreement or any application of this
Agreement to any employee covered hereby shall be found contrary to law, such provisions or
applications shall have effect only to the extent permitted by law, but all other provisions of this
Agreement shall continue in full force and effect.
No change, rescission, alteration or modification of this Agreement, in whole or in part, shall be
valid unless the same is ratified by the City and the Union and endorsed in writing.
The parties acknowledge and agree that, during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and proposals with respect
to any subject or matter included by law within the area of collective bargaining and that all the
understandings and agreements arrived at by the parties after the exercise of that right and opportunity
are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each
voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees
that the other shall not be obligated to bargain collectively with respect to any matter or subject not
specifically referred to or covered by this Agreement, whether or not such matters have been
discussed, even though such subjects or matters may not have been within the knowledge or
contemplation of either or both parties at the time that they negotiated or signed this Agreement. This
Agreement contains the entire contract, understanding, undertaking and agreement of the parties
hereto and finally determines and settles all matters of collective bargaining for and during its term
except as maybe specifically otherwise provided herein
Section 4. A City or Department rule, regulation, policy or procedure now in existence in
conflict with this Agreement shall be resolved by modification of such rule, regulation, policy or
procedure to be compatible with this Agreement.
Section 5. The parties agree to bargain proposed changes in the Cites Civil Service Rules
that deal with mandatory subjects of collective bargaining and any impact these changes may have
on bargaining unit members.
ARTICLE 2
REPRESENTATIVES OF PARTIES
The City agrees that during the term of this Agreement it will deal only with the authorized
representatives of the Union in matters requiring the mutual consent or other official action called for
by this Agreement. The Union agrees to notify the City in writing of the name of such authorized
representatives. Written notice of the replacement of authorized Union representatives shall also be
provided to the City Manager, and the City shall not recognize the designated replacement
representatives until 24 hours after having received such written notice.
The Union agrees that during the term of this Agreement it will deal only with the authorized
representatives of the City, to wit: the City Manager or his/her designees.
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ARTICLE 3
RIGHTS OF PARTIES
Section 1. Employees in the bargaining unit shall have the right to form, join, and
participate in, or to refrain from j oining, forming, or participating in the Union Neither the City nor
the Union will discriminate against any employees in regard thereto.
Section 2. The City and the Union will not discriminate against employees in the unit
because of race, color, sex, age, national origin, disability, religion, marital status, or membership or
non membership in a union; provided, however, that this will not prohibit the City from establishing
bona fide occupational qualifications or taking other such actions as permitted by law If a charge of
discrimination by an employee against the City, its officers, or representatives is filed with any
appropriate agency having jurisdiction of such charge, said employee or the Union will not file or
pursue a grievance under Article 6 of this Agreement. If a grievance is pending at the time such a
charge is filed, it shall be considered withdrawn
Section 3. It is understood that the provisions of this Article embrace all rights of
employees covered by all federal, state, county and city laws and regulations.
Section 4. City s Management Rights
The City reserves, retains, and is vested with exclusively, all rights of management which have
not been expressly abridged by specific provisions of this Agreement. The exclusive rights of
management include, but are not limited to, the following.
A. to manage the City generally and to determine the issues of policy;
B. to determine the facts which are the basis of management decisions;
C. to determine the necessity or organization of any service or activity conducted by the City and
to expand or diminish services;
D. to determine the nature, manner, means, and technology, and extent of services to be provided
to the public;
E. to determine methods of financing and budgeting
F. to determine the types of equipment and technology to be used,
G. to determine and/or change the facilities, methods, technology, means and size of the wUrk
force by which the City operations are to be conducted;
H. to determine and change the number of locations, relocations, and types of operations,
processes, and materials to be used in carrying out all City functions including, but not limited
to, the right to contract for or subcontract any work or operation of the City in accordance with
the practices followed prior to this Agreement;
Item # 3
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1. to assign work to and schedule employees in accordance with requirements as determined by
the City, and to establish and change work schedules and assignments,
J. to relieve employees from duties for lack of work, lack of funds or any other non disciplinary
reasons;
K. to discharge, suspend, demote, or otherwise discipline employees for just cause;
L. to determine job classifications and to create, modify or discontinue jobs;
M to hire, transfer, promote, and demote employees;
N. to determine policies, procedures, and standards for selection and training;
0. to establish productivity programs and employee performance standards including, but not
limited to, quality and quantity standards and to require that such standards be f ollow?
P. to maintain order and efficiency in its facilities and operations;
Q. to establish and promulgate and/or modify rules and regulations and standard operating
procedures;
R. to otherwise take such measures as the City may determine to be necessary to the orderly and
efficient operation of its various operations, functions and services;
Section 5. Union Rights
A. Check-Off The City shall deduct dues twice per month in amounts as certified to the Cityby
the Secretary-Treasurer of the Communications Workers of America and will remit the
aggregate deduction so authorized together with an itemized statement to the Secretary-
Treasurer. Dues deductions will be remitted within 30 days from the date of the deduction on
a monthly basis. Changes in Union membership dues will be similarly certified to the City in
writing and shall be done at least 30 days prior to the effective date of such change.
Notwithstanding anything herein to the contrary, any authorization for dues deduction may be
cancelled by the employee upon 30 days written notice to the City and to the Union
The Union shall indemnify and hold harmless the City from any and all claims or demands and
expenses in connection therewith based upon the Cites participation in dues deduction
Nothing contained herein shall require the City to deduct from a salary or be otherwise
involved in the collection of Union fines, penalties or special assessments.
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B. The Union shall have access to City conference rooms and other similar building facilities, if
available, for meetings of the Union in the same manner as the general public. However, the
Union shall have access to available facilities, without charge, for meetings to ratify this
Agreement.
C. A copy of the official City Council agenda shall be made available to the Union
D. The Union shall be entitled to use four square feet of a designated bulletin board in each City
building or facility where the City maintains an employee bulletin board; provided said bulletin
boards shall be used for posting Union notices only and shall not be used for the purpose of
soliciting membership.
E . All permissible notices shall be signed by a duly recognized officer of the Union and may be
delivered through the City's departmental interoffice mail system. The City agrees to accept
from the Union, review for appropriateness, and forward permissible notices via e-mail to a list
of work sites and designated bargaining unit members as approved in advance by the City. The
City reserves the right to discontinue the use of e-mail for such purpose at any time if the City
detem-ines that the approved and forwarded e-mail is not used for the intended purpose.
F. The Union President will be provided, on a quarterly basis or upon request, the names, and
home addresses, and such other data that is readily available from the City s information
database for all current employes of the City who are in the bargaining unit. The Union shall
have access to such names and addresses at anytime pursuant to public records law, subject to
such fees as maybe proper in accordance with state law
G. The Union representatives shall be allowed reasonable time off without loss of pay during their
regular shift hours for investigating grievances provided that, in the judgment of the
Depar<nie1t or City, the performance of this function by the Union representative shall in no
way interrupt the normal functioning of City work assignments. The investigation of
grievances by Union representatives shall not be conducted in greater than 2-hour increments
per day. The Union agrees to guard against the use of excessive time for such activities which
are authorized by this Agreement. The Union representative will provide advance notice to
his/her supervision to allow planning arrangements to enable the Union representative time off
for investigative activity. When a Union representative desires to contact an employe in the
unit who has a complaint, he/she shall first obtain permission from the employee's supervisor.
If permission is denied at that particular time, the Union representative will be informed of the
reason for the denial. However, the denial of permission shall not be subject to the grievance
procedure. The Union representative will notify his/her supervisor upon his/her return to
work The President of the Union, or the designee of the President, shall have the privileges
accorded to a Union representative.
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H. There shall be an average of one Union steward for each City departinent or one for each 35
employees in the bargaining unit. No division shall be assigned more than one Union
representative unless the Division has more than 35 employees, then one Union steward for
each 35 employees or fraction thereof maybe assigned
1. The City shall permit the Union to make a presentation to all new bargaining unit members at
the City new employee orientation Subject matter of the Union presentation and any Union
materials to be distributed must be approved by the City Manager or his/her designee.
Section 6. Miscellaneous
A. Shared Cost of Printing Agreement -- The City and the Union each agree to pay one-half of a
reasonable cost for printing copies of this Agreement in pocket booklet form for all employees
in the unit. If the City is unable to perform the printing or copying intemally, the City agrees to
include up to three printers of the Unions choice in obtaining quotes for services in accordance
with City purersing guidelines. The City further agrees to utilize the printer of the Union s
choice if such printer submits the lowest bid, or provided the Union pays the difference in
copying costs betwwen that of the Unions printer and that of the printer submitting the lowest
bid
B. Review of Personnel He -- On reasonable advance notice, employees shall be allowed to
review their personnel files.
C. Participation in Charity Drives -- Employees are encouraged to participate in charity drives.
However, no employees will be pressured by either party to this Agreement to contribute to
any charity.
D. Union Committees -- Certain committees of the Union may be allowed to meet during
normal w®rk hours, this time to be subject to approval by the City Manager's office. Such
committees and meetings shall not include preparation for bargaining.
E. Use of City Copying Equipment -- Cost to be paid by the Union for printing of Union
material. This material shall be non controversial in nature and subject to advance review by
the City Manager or his/her designee.
Section 7. If in the sole discretion of the City Manager or the Mawr it is determined that
civil emergency conditions exist or may exist, including, but not limited to, riots, civil disorders,
hurricane conditions, strikes, or similar catastrophes or disorders, this Agreement maybe suspended by
the City Manager or the Mawr during the time of the declared emergency, provided that wage rates
and other direct monetary payments shall not be suspended Further, a discharge, suspension or
demotion occurring during such emergency maybe pursued as a grievance upon the termination of the
emergency. The date of termination of the emergency shall be considered the first day under the
grievance procedure.
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Section 8. Impact Bargaining
The City and Union agree to bargain the impact of the exercise of Management Rights to
change wages, hours or term and conditions of employment of any person covered by this
Agreement. The City will notify the Union of any proposal that may affect wages, hours, or term and
conditions of employment prior to implementation The Union will notify the City in writing, within
30 calendar days, of the specific impact and the intent of the Union to bargain the impact of the
change. Failure to notify the City of the specific negotiable impact of a proposed change within the
time limit prescribed above shall constitute acceptance of the change on the part of the Union and the
City may implement the change at the end of the prescribed time limit. If timely notice is given, the
proposal shall not be implemented until resolution is reached The City and the Union will then
negotiate those impacts. In the event of an impasse on said bargaining, the parties agree the Special
Magistrate process is waived and the parties will proceed directly to the City of Clearwater Council for
final and binding resolution of the issues. The parties may call for a Special Magistrate upon mutual
agreement endorsed in writing.
ARTICLE 4
NO STRIKE AND OTHER UNLAWFUL ACTS
Section 1. The parties specifically incorporate herein the provisions of Florida Statutes
447.505, 447.507, and 447.509.
Section 2. In addition to the prohibitions and penalties prescribed in the aforementioned
sections of the Florida Statutes, the parties specifically agree that any individual employee engaging in
such activity maybe immediately terminated in accordance with said Statutes. In addition, liability shall
attach to such individual employee as well as the Union if the provisions of this section are violated
Section 3. Should the Union or any of its employees breach this Article, the City may, in
addition to the remedies provided in Chapter 447 of the Florida Statutes, be entitled to obtain a
temporary i I unction at an ex parte hearing.
ARTICLE 5
LABOR/MANAGEMENT COOPERATION
The Union recognizes and supports the concept of a Labor-Management Committee to
address city-wide employee concerns that are not specifically provided for by contract provisions and
to improve labor-management communications. Such a committee shall be established, to be
composed of six representatives selected by the Union and six representatives selected by the City.
Resource people, visitors, and a facilitator if necessary may attend Committee meetings upon mutual
agreement of the Union and the City. Rules and operating procedures of the Committee shall be
established and may be changed by mutual agreement of the City and the Union
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The Labor-Management Committee shall not be intended to bypass the grievance procedure.
The Committee shall have advisory powers only but may propose standard policies and procedures to
be followed city-wide. However, decision mak ng responsibility shall continue to remain with line
management of the City and with line officers of the Union If such recommendations are adopted by
the City Manager, they shall not be applied to bargaining unit employees if they are in conflict with the
provisions of the CWA contract.
The City will fund the registration cost only for up to five Union members who are current
City employees to attend the Florida Labor Management Conference or a similar labor-management
conference or seminar within the state of Florida one time for each year of the Agreement. The
expenditures of any such funds made available by the City will require the mutual agreement of the
City and the Union
ARTICLE 6
GRIEVANCE PROCEDURE
It is the intent of this Article to provide a means for the fair, expeditious and orderly settlement
of disputes that arise under this Agreement betxwen the Union and/or an employee and the City. All
employees and supervisory personnel should make every possible effort to settle differences at the
lowest possible step outlined in this Article.
Section 1. A grievance shall be defined as any difference, dispute or complaint regarding
the interpretation or application of the terms of this Agreement. Grievances may be filed by the City
or by an aggrieved employee through the Union Entrance probationary employees shall not have
access to the grievance procedure during the probationary period Grievances initiated by the City
shall always begin in Step 3, as hereinafter provided.
A class-action grievance may be filed by the Union if an action or dispute directly affects more
than one bargaining unit employee. Aclass-action grievance maybegin at Step 3.
Section 2. No employee or group of employees may refuse to follow directions pending the
outcome of a grievance. Employees in the unit will follow all directives, even if such directives are
allegedly in conflict with the provisions of this Agreement. Compliance with such directives will not in
any way prejudice the Union and/or employee's right to file a grievance within the time limits
contained herein, nor shall compliance affect the ultimate resolution of the grievance.
Section 3. It is recognized and accepted by the Union and the City that the processing of
grievances is of utrrxost importance, and therefore grievances may be processed during employees'
normal working hours without loss of wages when the absence of employees or supervisors involved is
reasonable and will not, in the judgment of the Department Head or City Manager or City Manager's
designee, be detrimental to the work programs of the City. A grievant may be accompanied by a
Union representative at any time during the grievance procedure. The City will attempt to
accomnwdate all parties in the processing of grievances.
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Section 4. If an employee selects the grievance procedure, as hereinafter set out under this
Agreement, it is specifically understood that said employee has exercised his/her option granted by
Florida Statutes 447.401 and cannot thereafter process his/her complaint under any Civil Service
appeal procedure. Any employee presenting a grievance shall be referred to a Union representative
after which the Union will advise whether the grievance is meritorious for processing, and shall be
formally processed in accordance with the steps outlined below When the City is inforled by the
Union that it is representing an employee in the grievance process, the City shall not deal directly with
the employee throughout the process except at the employee's specific written request. The Union
shall be afforded the opportunity to be present at the resolution or determination of any grievance
involving a bargaining unit member.
Normal wDrking hours shall be 8:00 a.m. to 5:00 p.m. on normal wDrk days which are Monday
through Friday, except holidays.
Step 1
Within 15 wDrking days after such alleged violation is known by the grievant, the Union and/or
aggrieved employee will present the grievance in writing on the appropriate form to the employee's
division head and a copy to the City Manager or his/her designee.
The written grievance at this step, and at all steps thereafter, shall contain the information
specified on the grievance form. Form will be made available to employees by both parties.
Grievances submitted which do not contain the information required on the form shall be returned
to the Union and/or employee for completion The Union and/or employee shall be advised as to
why the form is not complete. This shall extend the required time for submittal of the grievance to
5 wDrking days from the time that the grievance is returned to the grievant. Upon acceptance of
the grievance, the grievance form may not be amended from the original written grievance at the initial
step of the grievance procedure except by mutual agreement of the parties.
The division head will arrange for a meeting with the Union and/or grievant within five
wDrking days after receipt of the grievance or failure of the parties to resolve the grievance informally.
A grievant may have a Union representative accompany him/her to the meeting with the division head
to whom the employee is responsible. Discussions shall be informal for the purpose of settling
differences in the simplest and most direct manner. The division head will provide the Union and/or
the grievant with a written ansxwr on the grievance within five working days from the date of said
meeting.
If the grievance is not resolved at Step 1, the Union and/or grievant, within ten working days,
may appeal the grievance to Step 2.
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Step 2
If the grievance is appealed to the Department Director, the Department Director or designee
will arrange for a meeting with the Union and/or grievant within five working days after receipt of the
grievance. A grievant may have a Union representative accompany him/her to the meeting with the
Department Director or designee to whom the employee is responsible. Discussion shall be informal
for the purpose of settling differences in the simplest and most direct manner. The Department
Director or designee will provide the Union and/or grievant with a written answwr on the grievance
within five working days from the date of said meeting.
If the grievance is not resolved at Step 2, the Union and/or grievant may, within ten working
days, appeal the grievance to Step 3.
Step 3
If the grievance is appealed to the City Manager or his/her designee, the City Manager or
his/her designee will arrange for a meeting with the Union and/or grievant within 10 working days of
receipt of the grievance. Both the City and the Union and/or grievant shall have the right to include in
its representation such individuals as they deem necessary to develop pertinent facts. Discussion shall
be informal for the purpose of settling differences in the simplest and most direct manner. Acting for
the City, the City Manager or his/her designee shall, within 21 calendar days, provide a written decision
to the Union and/or grievant after the hearings have been held If the Union and/or grievant is not
satisfied with the disposition of the grievance at Step 3, the grievance maybe submitted to arbitration
Step 4 Arbitration
A. Within 30 calendar days from the receipt of the decision of the City Manager or his/her
designee for a Union/employee initiated grievance, or failure to resolve a City-initiated
grievance as provided in Section 5, Nfiscellaneous, subparagraph "H" hereof, the party
requesting to arbitrate the grievance shall give written notice to the other of intent to arbitrate
and shall at the same time request a list of seven arbitrators from the Federal Mediation and
Conciliation Service. For Union initiated grievances involving suspension, demotion, or
dismissal, the time limit for requesting arbitration shall be 90 calendar days following receipt by
the Union of the City Manager or designee's decision Each party shall have the right to
unilaterally reject one list of arbitrators received from FMCS. Thereafter, a list may only be
rej ected by mutual consent of the parties.
B. Within 10 calendar days after receipt of the list of arbitrators, the Union and the City shall meet
and each strike three names therefrom with the party presenting the grievance striking the first
name and the parties altemabng thereafter, the remaining name to designate the arbitrator.
C. As promptly as can be arranged the arbitration hearing shall be held The arbitrator shall
arbitrate solely the issue presented and shall not have the authority to determine any other
issues not submitted to him/her. The arbitrator, in rendering his/her decision, shall confine
his/her decision to the grievance in question and he/she shall not have the authority to add to,
take away from alter or amend any provision of this Agreement.
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D. The decision of the arbitrator, insofar as it is in conformance with paragraph "C" herein above,
shall be final and binding on the aggrieved employee, Union, and City.
E. The expense of the arbitrator shall be borne equally by both parties, except that if either side
desires a written transcript, such side shall bear the costs thereof. Expenses in connection with
attendance of participants and witnesses for any party shall be paid by the party producing such
participants and witnesses.
F. Any decision of the arbitrator shall not be retroactive more than 15 working days prior to the
date the grievance was submitted The City will incur no liability for back pay more than 30
days following the arbitration hearing.
Section 5. Miscellaneous
A. The parties will cooperate in the investigation of any grievance, providing all pertinent
information as maybe requested for the processing of a grievance.
B. No reprisals of any kind shall be taken against any party in interest participating in the grievance
procedure.
C. No record dealing with the processing of a grievance shall become a part of the personnel files
of individual employees; however, ultimate records of adverse actions against employees may
be included in personnel files.
D. No employee shall be required to discuss a written grievance if a Union representative is not
present.
E. In order to prevent the filing of a multiplicity of grievances on the same question of
interpretation or compliance where the grievance covers a question common to a number of
employees, it shall set forth thereon the names of the persons of the group and the title and
specific assignments of the people covered by the group grievance. In such event, the Union
and/or one employee shall be designated by the group of employees to act as the grievant.
F. Grievances arising at a step other than Step 1 shall be processed in the same manner except
that the grievance will be initiated with the appropriate City administrator or his/her designee
rather than with the division head or department head Grievances relating to suspension or
dismissal shall be initiated at Step 3, however the Union shall be required to provide a copy of
any such grievance submitted at Step 3 to the employee's department head
G. It is specifically agreed that employees who claim to have been discharged unjustly shall be
subject to the foregoing grievance procedure, and if it is found that an employee has been
unjustly discharged, he/she may be returned to work with pay for all time lost, provided that
discharge or other disciplinary action taken with respect to any probationary employees is
expressly excluded from this paragraph
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H. Where any provision of this Agreement involves responsibility on the part of the Union that, in
the view of the City, is not properly being carried out, the City may present the issue to the
Union as a grievance. If such grievance cannot be resolved by discussion betwe-en the City and
the Union on an informal basis, the grievance shall be initiated at Step 3 of this procedure by
the Deputy City Manager, or his/her designee, and submitted in writing to the Union President.
If not resolved within 21 calendar days following receipt by the Union of the written grievance,
the City may submit the grievance to arbitration under the provision of this Article.
I. The time limits of a grievance at any level may be extended by mutual written consent of the
parties. If a grievant fails to submit or advance a grievance at any step in the process within the
prescribed time limit as defined above, the written determination received by the grievant from
the respondent at the prior step shall be considered accepted by the grievant, and the grievance
shall be considered resolved If the City fails to respond to a grievant at any step in the process
within the prescribed time limit as defined above, the Union may advance the grievance to the
next step in the process.
ARTICLE 7
PERSONNEL PRACTICES
Section 1. Regular Work Hours
A. The regularly scheduled work week of the employees in the bargaining unit will be from 12:01
a.m. Saturday to midnight Friday. Employees' hours of work excluding unpaid meal periods
will consist of the number of hours set forth opposite the respective job class titles in the
Official Pay Plan Employees must obtain approval from a person of competent authority
prior to working any hours outside of their established work schedule, either before their
designated starting time or after their designated quitting time or during an unpaid meal period
B. The City shall determine and notify employees in advance whether their position shall be
scheduled an unpaid meal period or shall instead be paid for all scheduled hours and required
to take a meal during any period of non work time during the course of the workday. The
determination will not be changed on a daily basis except when necessary due to operational
demands. The City shall determine at what time applicable employees will be required to take
an unpaid meal period Generally, the meal period will be scheduled in the middle of the work
shift. Employees who are not scheduled an unpaid meal period will not be required to take their
meal during a 15 minute paid rest period When employees are required by the City to perform
actual job duties during any part of a meal period, they will be compensated in accordance with
applicable provisions of the Fair Labor Standards Act and this Agreement for anytime worked.
All full-time employees shall be entitled to two 15-minute paid rest periods, one during the first
portion of their work shift prior to the meal period and one after the meal period Full-time
employees who work a partial day shall be provided one 15-minute paid rest period for each
four hours worked If employees opt not to utilize such rest periods, the City shall not be
deemed to have violated this section E mployees shall not have the right to accrue or otherwise
utilize rest periods to alter their wUrk schedule. Paid rest periods must be taken in their entirety
and may not be subdivided into shorter increments.
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Part-time employees shall be granted meal or rest periods in accordance with the above and
based on the number of hours Aurked each day proportionate to a full-time employee in the
same job classification
C. When an employiee is required by the Department Director to attend training or job-related
workshops, such time spent in training shall be paid and counted as hours wDrked toward the
calculation of overtime. Meal periods shall not be included as such hours wDrked. Hover, if
the time spent in training alone is less than the employee's regularly scheduled hours of work
for the day, and it is not practical as determined by the employee's department for the employee
to report to work before or after the training, the employiee will be paid for the number of
his/her regularly scheduled hours for the day.
D. The number of days of work in a specific work Lek for employees in the bargaining unit may
varybetvwenn four, five, or six days. Whenever practicable, each employee's regularly scheduled
work week will consist of twD days off per v&ek, exclusive of overtime, standby, or recall. E ach
full time employee and any part-time employee requesting such will be granted at least one day
off per week, exclusive of overtime, standby, or recall.
E. An employee's work schedule will not be changed arbitrarily, and the employee will be given
reasonable notice consistent with the Cites planning of its needs. Forty-eight hours will be
deemed reasonable notice.
F. Employees may request, and with the prior approval of their respective Department shall be
permitted to adjust or "flex" their hours of work within a specific work Lek
G. Employees are expected to be at their wDrk station and prepared to work at their appointed
starting time. Employees will work until released by competent authority and will not leave
their work station or locations before their appointed quitting time. Employees will not be
docked pay for the first six minutes (1 /10 hour) after their appointed starting time. Employees
will not be paid for periods of wDrk performed in increments of less than six minutes (1/10
hour).
Section 2. Appointments & Promotions
A. All appointments to positions in the bargaining unit shall be made on the basis of merit and
fitness for the position to be determined as far as practical and possible by competitive
examination under the policies and practices of the Human Resources Department.
Employees may review their own respective examination results upon request. The Union
local president or designee (excluding any examination participant) shall be permitted to review
individual examination results upon request and take such notes as necessary for the purpose of
determining whether to file or pursue a grievance.
B. Examination announcements for competitive exam will be provided to each City Department
for posting at each appropriate work location at least 10 Aurk days prior to the filing deadline.
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C. The City agrees to use to the maximum extent the skills and talents of existing employees in the
unit in order to achieve the resulting benefits of higher morale and reduced turnover. In filling
positions in the unit, the City will give concurrent consideration to persons in and outside the
unit, but all other factors being substantially equal, will fill such positions by selection from
eligible candidates in the unit. This shall not preclude the City from giving promotional
examinations restricted to City employees.
D. Promotional Lists -- The naves of all persons who may be lawfully appointed and who shall
have attained a passing grade on any promotional or open competitive examination shall be
placed on the appropriate promotional list.
E. Duration of Eligibility -- All bargaining unit members appearing on appointment eligibility
lists shall remain eligible for a period of five ears from the date of the establishing of the
member's name on the appropriate list. Bargaining unit members appearing on reemployment
eligibility lists shall remain eligible for reemployment for a period of one year from the date of
separation
F. Renwval of Names from Lists -- Names of eligibles shall be removed from appropriate
eligible lists by operation of any of the following.
1. Appointment through certification from such list to fill a permanent position
2. Declination of Appointment: Failure to respond to any inquiry of the Human Resources
Director regarding availability for appointment.
3. Separation from the City service of an employee on a promotional list.
4. Disability (in accordance with the Americans with Disabilities Act) that prevents the eligible
from performing satisfactorily the duties of the position
5. Determi riation by the Human Resources Director that the eligible has been found to lack
any of the established qualifications for the position
G. Types of Appointments -- All vacancies in the bargaining unit shall be filled by appointment
from the appropriate eligibility list, as determined by the Appointing Authority and the Director
of Hunan Resources. Selection criteria shall be developed by the City and revieALd by the
Human Resources Departinent. Such criteria, including relevant qualifications and seniority as
described in Article 14, Section 1,13, shall be noted on the job announcement at the time of its
posting. Action plans more than two ears beyond successful completion shall not be
considered as factors in any appointment decision involving an existing employee. An
employee who is not selected for promotion shall be afforded, upon request, a meeting with the
respective hiring department and/or Human Resources to be provided an explanation of the
selection criteria and the manner in which it was applied, and including a review of areas
whereby improvement may make such employee better qualified
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H. Promotions -- Whenever an employee having regular status successfully competes in an open
competitive examination and receives an appointment to a class of a higher level, such
appointment shall be considered a promotional appointment. A class of a higher level shall be
deemed to be one having a higher maximum rate of pay.
1. Order of Certification -- The Human Resources Director shall determine the order of
certifications which may be by test score, alphabetically, by special qualification or as otherwise
determined appropriate.
J. Temporary and Emergency Appointments
1. Whenever there is need of an employee for a temporary period, not to exceed one year, the
Human Resources Director shall certify the names of persons on the appropriate eligibility
list. The acceptance or refusal by an eligible of a Temporary appointment shall not affect
his/her standing on the eligible list.
2. When it is impossible or impracticable to fill a position or when an eligibility list does not
currently exist for a position classification, the Appointing Authority and the Human
Resources Director may appoint any qualified person to such position via an Emergency
Appointment without competitive examination
3. In the event that an Emergency appointment is made for the purpose of filling a regular
vacancy when no current eligibility list exists, the Human Resources Director shall schedule
an examination for the appropriate classification within 120 calendar days in an effort to
establish a promotional or original appointment list. If an emergency appointment is made
for the purpose of filling a position due to temporary absence of regular employees or
because of an excessive wDrk load expected to be of short duration, the Human Resources
Director shall not be required to schedule an examination for that position classification
4. The Union shall be provided monthly or upon request a list of all current Emergency
Appointments.
K. Probationary Periods
1. All persons initially employed or promoted to, or within, the bargaining unit shall have to
serve a probationary period During the probationary period management shall observe
and review the employee's job perf orn-lce, attendance, attitude and adherence to
Deparhnelt and City requirements and such other factors as in the Cites determination are
important factors to consider with respect to continuing the employee in the position
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2. The probationary period shall consist of six consecutive months or the equivalent;
provided, hover, that the City may extend such probationary periods for up to three
additional months. Regular part-time employes shall be required to complete 1040 hours
of actual murk in a class which has a normal full-time work schedule of 40 hours per veek
or of completing 975 hours of actual work if employed in a class which has a normal
full-time wDrk schedule of 37-1/2 hours per veek, provided that in no event shall such
regular part-time employe be deemed to have completed a probationary period in less than
six calendar months.
3. Determination that the employe has not successfully completed the probationary period
shall be made by the City. The promotional probationary employe who does not
successfully complete the probationary period may have his/her probationary period
extended for up to three months; or shall have the right to be returned to the employee's
former position at any time up to five work days following the completion of the
employee's first month probationary performance review, or maybe re-assigned subsequent
to five work days following the completion of the employee's first month probationary
performance review to another position at the same or lower level for which the employe
is determined to be qualified and with no loss of pay from the employee's position prior to
promotion, provided many case that there is no cause for dismissal. Employes who take
advantage of the opportunity to revert to their position held prior to promotion within the
requisite time period of up to five work days following the completion of their first month
promotional probationary review shall have their annual perforn-once evaluation date
returned to the date that was effective prior to the promotion rather than the date of the
return to the former position or voluntary demotion The entrance probationary employe
who does not successfully complete the probationary period may have his/her probationary
period extended for up to three months, or shall be separated from employment.
4. Time served during a Temporary appointment in the same job class immediately preceding
regular employment status shall be credited toward the time required to be served in the
probationary period in the same Departmem t and the same division
5. In the event that an employe is for any reason absent from duty for an accumulated period
of scheduled 1ADrk hours equivalent to more than nine work days prior to the completion of
the probationary period all such time off may be used to extend the prescribed
probationary period
6. If a promotional probationary employe has committed a serious infraction which warrants
dismissal, then the employe shall be dismissed and not returned to his/her former
position
7. Any newly hired employe who is separated during or at the end of the expiration of the
probationary period, or newly promoted employe who is returned to his/her former
position, shall have no right of appeal or grievance relating to such action
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L. Job Classification Review
An employee, for good and sufficient reasons, may request a review for a change in
classification Such request shall be submitted in writing to the employee's department director
first. The department director shall review the request and send it, with his/her
recommendation, to the Human Resources Director for review as to its justification The
Human Resources Director shall review the request and recor nnend to the City Manager or
designee the appropriate action The decision of the City Manager is final and binding.
Section 3. Health & Safety
A. The City and the Union will cooperate in establishing a sub-committee of the
Labor/Management Committee with the continued objective of eliminating accident and health
hazards. This committee will meet on a regular basis and may make written recor nnendations
to the City regarding unsafe conditions or ideas for City safety. The City will consider written
recommendations from the committee and will implement solutions to these conditions where
practicable or shall appear before the committee or provide a written response as to why said
solutions are not practicable. The committee will not be utilized to determine fault or to reach
any conclusion or determination regarding potential disciplinary action
B. The City will provide any safety equipment and devices for employees engaged m work where
such special devices and equipment are necessary and are specifically required by the City.
Employees not utilizing safety equipment which is specifically required by, and furnished or
paid for by the City, shall be subject to denial of work and/or disciplinary action
C. Employees will not suffer any position penalty nor be financially responsible for damage to City
properly occasioned by accident which is not caused by negligence.
D. The City shall continue to maintain a cleanup room with sanitary sholAurs for the use of all
employees whose employment presents a threat of disease due to their exposure to unsanitary
conditions in those areas where it is currently doing so. If the Union believes that new
locations or areas exist which they feel should have cleanup rooms with sanitary sholAurs for
use by employees, they shall advise the City at a Labor-Management meeting and the City shall
initiate a review of the need
E. The City agrees to periodically review the availability of discount programs through third parties
for employees who wish to purchase safety equipment not required and provided by the City.
F. No employee shall be required to work more than 16 hours in any day, except in an emergency.
G. The City shall provide free access for all bargaining unit members to any City recreational
facility. Additional fees for programs conducted at such facilities shall be borne by the
employe. It is understood by all parties that the decision whether to use such facilities is
completely voluntary on the part of the bargaining unit members, and time spent using such
facilities shall neither be paid nor will any accidents or injuries incurred while utilizing such
facilities be compensable under workers compensation
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Section 4. Paycheck Issuance
Paychecks shall be available to be issued to employees at the start of their respective workdays
on the same day that the paycheck is dated E mployees may elect to receive the entirety of their
pay in standard hard copy paycheck format or through direct deposit by electronic transfer, and
will not be permitted to split their pay betvwen the twD mediums.
Section 5. Communications
Employees shall be prohibited from engaging in any form of work related communication that
may be considered compensable during any unpaid hours outside of their scheduled work hours
without first obtaining approval from a person of competent authority. This includes the use of
City issued cell phones and land-line City Aurk phones, drect-connect communications (push to
talk or walkie-talkie), text messaging, radio communications, and the use of a City computer or
remote access to the City computer system (including e-mail). Employees shall not use their
personal communications devices for non emergency communications during wDrk hours except
for paid breaks and meal periods. Such personal communications shall be of short duration,
conducted in a safe manner, and shall not adversely impact operations. Violation of these
provisions shall be considered grounds for discipline.
ARTICLE 8
LEAVES OF ABSENCE
Section 1. Holidays
A. Designated Holidays
The following days shall be observed as designated holidays for regular full time and part-time
employees.
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Note: Emergency, Temporary, temporary part-time, and other non regular employees shall not
receive holiday pay.
1. Regular part-time employees shall be eligible to receive holiday pay at a prorated amount
based on 20% of the meekly average of the employee's annual budgeted hours.
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2. When a City designated holiday falls on Saturday, the preceding Friday shall be designated a
substitute holiday and observed as the official holiday for the year for non shift employees.
When a City designated holiday falls on Sunday, the following Monday shall be designated a
substitute holiday and observed as the official holiday for that year for non shift employees.
All designated holiday pay considerations are applicable to the designated holiday.
3. Designated holidays which fall on an employee's regularly scheduled work day shall count
as hours actually worked for the purposes of calculating overtime. The City shall not
arbitrarily adjust work schedules to preclude a designated holiday from falling on an
employee's regularly scheduled work day.
4. E mployees who are required to work on a designated holiday shall receive time-and-one-
half their regular pay for all hours actually worked on the holiday plus holiday pay at the
employees' regular rate of pay.
5. An employee scheduled to work a designated holiday and who, without notice and valid
reason therefore, in the judgment of the City, fails to report for such work, shall forfeit
holiday pay as will as losing regular pay for the number of hours he/she would have
wDrked.
6. Employees on vacation leave, jury duty, sick leave and other absences from duty but on a
regular pay status on the day the designated holiday is observed must use the holiday on the
same day that it is observed
7. An employee must work or be in a paid status on his/her regularly scheduled work day
immediately preceding and on his/her regularly scheduled work day immediately following
a holiday to be entitled to any compensation for the holiday. Employees who are absent
from wDrk in a non pay status (such as an employee receiving Workers' Compensation who
has exhausted the qurybenefit and sick leave, leaves of absence without pay, etc.) on either
their regularly scheduled work day immediately preceding or immediately following the
designated holiday shall not be paid for holidays falling within such periods.
8. If an employee calls in sick in accordance with established notification requirements when
scheduled to wDrk on a designated holiday, the employee shall receive holiday pay
equivalent to the number of hours the employee is scheduled to work on the holiday and
shall not be charged sick leave.
9. Pay Procedures for Designated Holidays
a) Procedure when holiday falls on employee s scheduled work day and employee
takes the day off Employees receive holiday pay equivalent to the number of hours
the employee is scheduled to wDrk on the holiday in addition to pay for all hours
worked the remainder of the -Mrk"uek
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b) Procedure when holiday falls on employee s scheduled work day and employee
works part of the day, works the respective normal full work day, or works
overtime beyond the respective normal full work day: Employees receive holiday
pay equivalent to the number of hours the employee is scheduled to work on the
holiday and are paid tirr?--and-one-half for hours actually worked on the designated
holiday.
c) Procedure when holiday falls on employees regularly scheduled day off
E mployee may elect to receive holiday pay equivalent to 20% of the employees' weekly
average budgeted hours which will not count as hours actually worked for the purpose
of calculating overtime in addition to pay for all hours worked the remainder of the
workv ek; or may elect to designate as a holiday his/her regularly scheduled work day
which immediately precedes or immediately follows the City designated holiday within
the same pay week, in which case the employee will receive holiday pay equivalent to the
number of hours the employee is scheduled to work on that day, and such hours for
holiday pay would count as hours actually worked for the purpose of calculating
overtime.
B. Floating Holidays
In addition to the designated holidays above, employees shall be entitled to up to three floating
holidays per payroll calendar year. Employees receive floating holiday pay equivalent to the
number of hours the employee is scheduled to work on the floating holiday in addition to pay for
all hours worked the remainder of the wurkwuek Regular part-time employees shall be eligible to
receive floating holidays at a prorated amount based on 20% of the weekly average of the
employee's annual budgeted hours. Floating holidays may be utilized in full day increments only,
regardless of the number of hours the employee is scheduled to work on the day the floating
holiday is utilized Floating holidays shall count as hours worked for the purpose of calculating
overtime.
1. Designated holidays or any day an employee is not scheduled to work may not be selected as
a floating holiday.
2. Floating holiday requirements for new-hires areas follows:
a) No employee may utilize floating holidays until 60 calendar days after his/her date of
employment.
b) Any bargaining unit member employed betxwert January 1 and March 31 shall receive
three floating holidays to be utilized during the calendar year of hire.
c) Any bargaining unit member employed betvwen April 1 and June 30 shall receive two
floating holidays to be utilized during the calendar year of hire.
d) Any bargaining unit member employed bebv ? July 1 and September 30 shall receive
one floating holiday to be utilized during the calendar year of hire.
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e) Any bargaining unit member employed on or after October 1 shall not receive any
floating holidays during the calendar year of hire.
3. Floating holidays may not be carried over from one calendar year to another and, if not
taken, are forfeited except that when a Department cannot schedule a floating holiday
requested nxore than thirty days prior to the end of the payroll calendar year or cancels a
previously scheduled floating holiday due to City Aurk needs, the floating holiday may then
be taken within 60 calendar days of the new calendar year. An employee may not request
any carr?/Dver of floating holiday time.
4. Floating holidays are scheduled at the mutual convenience of the employee and the
respective Department. Generally, 48 hours shall be considered reasonable notice for
requesting the use of floating holidays. Hoinever, the respective Department Director or
designee shall have the sole discretion to approve such requests if practicable when
provided with less than 48 hours notice.
5. Upon an employee's separation from the City, the employee will receive a lump sum
payment at the employee's current base rate of pay for his/her remaining floating holiday
balance, or if retiring may use such balance to advance the date of retirement.
Section 2. Vacation
A. Vacation Accrual
Vacation Accrual for 37.5 Hour Employees
Years of Service
Accrual
BiweeklY
Vacation
DavS
...w...w...w...w...w...w...w...w..
0 .w...w...w...w..
..
...w...w..
2.885 .w...w..
..
...w....
0
1* as of anniversary date 2.885 10
2 2.885 10
3 3.173 11
4 3.462 12
5 3.750 13
6 4.039 14
7 4.327 15
8 4.327 15
9 4.327 15
10 4.615 16
11 4.615 16
12 4.904 17
13 5.192 18
14 5.192 18
15 5.481 19
16 and over 5.769 20
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Vacation Accrual For 40-Hour Employees
Years of Service Biweekly Accrual Vacation Days
0 3.077 0
1* as of anniversary date 3.077 10
2 3.077 10
3 3.385 11
4 3.692 12
5 4.000 13
6 4.308 14
7 4.615 15
8 4.615 15
9 4.615 15
10 4.923 16
11 4.923 16
12 5.231 17
13 5.538 18
14 5.538 18
15 5.846 19
16 and over 6.154 20
B. Maximum amount of vacation leave that maybe accumulated is 240 hours.
C. The vacation year shall be the payroll calendar year.
D. Vacation leave will accrue on a bivneeklybasis and will be pro-rated according to hours in a paid
status and excluding overtime, standby, recall or call back hours, or any hours paid by workers
compensation
E. The borrowing or advancing of vacation leave prior to its accrual is prohibited
F. Employees must be employed for six calendar months prior to requesting the use of vacation
leave.
G. New employees who fail to complete six calendar months of service are not paid for any
accred vacation leave.
H. All employees must be granted a minimum of twD weeks vacation per calendar year if properly
requested by the employee in accordance with Departnie1t vacation selection procedures.
Vacation leave may not be carried in an amount above the vacation cap. If vacation leave in
excess of the cap is not taken, it is forfeited except when a Departnielt cannot schedule or
cancels previously scheduled vacation time due to City work needs. The canceled vacation time
must then be taken within 60 calendar days of the scheduled vacation date. No other granting
of any carr?uver of vacation time above the vacation leave cap is permitted
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1. A period shall be established for the purpose of vacation selection, known as a vacation pick
This period shall be the first two work weeks in the month of December each year. All
employees will have the opportunity to submit their vacation requests for up to the number of
hours that the employee currently accrues annually for that calendar year only. Management
will review these requests and detemUne their operational needs and staffing requirements.
Management will grant the requests that do not interfere with the operations of the City.
Hoinever, an employee who is approved for time during the vacation pick process and then
does not have accred vacation hours to cover the time when it arrives maybe denied vacation
requests exceeding the amount of vacation hours the employee has accred at the time of the
following vacation pick period If more than one person requests vacation that conflicts with
staffing needs of the City the conflict will be decided on the basis of City seniority, except that
an employee who voluntarily changes schedule or shift after the completion of the vacation
pick process shall not be given precedence over another employee on the new schedule or shift
who has already obtained approval for vacation on the same day. After the end of the vacation
pick, any request for vacation shall be based on "first come, first serve." Seniority of a
bargaining unit member shall not be used to revoke vacation leave or other time off for which a
department has granted prior approval to another bargaining unit member with less seniority.
J. In the event an employee is promoted demoted or transferred from a full-time position to a
full-time position with greater or lesser biweekly hours, such employee's then accrued vacation
hours shall be adjusted as appropriate, to reflect the equivalent vacation days.
K. Regular part-time employees shall have vacation accrual prorated each payroll period based on
the actual hours in a paid status.
L. Regular full-time employees who normally wDrk a schedule inconsistent with the 5-day, 37-1 /2
or 40 hour work schedule, shall accrue paid vacation on a schedule proportionate to subsection
A above based on the applicable bivneekly schedule.
M Upon separation from the City service, employees shall be paid at their respective current base
rate of pay at the time of separation for the unused portion of vacation leave for which they
may at that time be eligible, or if retiring may utilize such remaining vacation leave balance to
advance the date of retirement.
N. If service requirements permit, employees may, with reasonable notice and the approval of their
respective Department, use their accred vacation in increments of tenths of an hour. 48 hours
shall be deemed reasonable notice. However, the respective Department Director or his/her
designee shall have the sole discretion to approve such requests if practicable when provided
with less than 48 hours notice. The application of this paragraph shall not be subject to the
grievance procedure.
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Section 3. Sick Leave
A. Sick Leave Accrual
1. Employees shall accrue sick leave each payroll period prorated based on regular hours in a
paid status and excluding overtime, standby, recall or call back hours, and any hours paid by
workers compensation Employees assigned to a 40-hour work week shall accrue 3.693
hours of sick leave on a biweekly payroll basis. Employees assigned to a 37.5 hour work
week shall accrue 3.462 hours of sick leave on a biweekly payroll basis. Note: E mployees
earn 12 days per payroll calendar year.
2. Regular part-time employees shall be eligible to receive sick leave at a prorated amount
based on hours in a paid status in accordance with the above.
B. Sick Leave Accrual Caps
Employees hired prior to October 1, 2008 may accumulate up to 1,560 accrued hours.
Employees hired effective October 1, 2008 or later may accumulate up to 1,040 accrued hours.
C. Sick Leave Balance Transfers and Restoration
1. Sick leave balances are restored to an employee recalled from layoff or returned from a
leave of absence.
2. Sick leave balances remain the same upon transfer to another Department or classification
with the same hourlywurk week
3. Sick leave balances are converted to equivalent days if an employee changes classification to
that with a different hourly work week (i.e., 40-hour work week to 37-1 /2 hour work week
and vise versa).
4. No sick leave balances are restored after a break in service. An employee will have a break
in service if the employee is rehired by the City six months after the date of resignation or
retirement or one year after a layoff. Authorized leaves of absence, suspensions,
reinstatements after disability retirement or dismissal, and layoffs of less than one year will
be counted as continuous service and shall not be a break in service.
D. Calculation for Use of Sick Leave
1. Sick leave maybe authorized in increments of tenths of an hour.
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E. Authorized Use of Sick Leave
Sick Leave usage shall be authorized for the following absences:
1. Due to personal illness or physical incapacity.
2. Due to exposure to contagious disease in which the health of others would be endangered by
the employee's attendance on duty.
3. Due to dental appointments, physical examinations, or other personal sickness prevention
measures.
4. Due to illness of a member of the employee's immr ate family that requires the employee's
personal care and attention "Immediate family' shall mean parents, step-parents, children,
step-children, grandparents, grandchildren, brothers, sisters, present spouse of the employee
and the "immediate family' of the employee's spouse, or other family member living in the
employee's immediate household
Employees found to be utilizing Sick Leave for any reason other than those stated above shall
be subject to disciplinary action up to and including termination
E mployees shall be authorized to use Sick Leave as it is accrued. E mployees' requests for sick
leave to be used for doctor's appointments shall be submitted with at least 24-hour notice, except
the requirement shall be waived where the employees is able to demonstrate to his/her department
director an emergency exists. The employees' respective department reserves the right to not
approve such requests when advance notice is not provided or the employees' absence will
adversely affect operations. Employees shall be required to notify their immedate supervisor or
management representative to request approval for sick leave each day that they are absent, except
that an employee who has been approved for a continuous FIVILA absence only shall be required
to comply with the reporting procedures outlined in the City s FMLA Policy instead Such
notification requests shall be provided through personal contact, except where the employee is able
to demonstrate this is not possible. Failure to obtain approval for sick leave from competent City
authority shall result in any such time being considered an unauthorized absence and in the denial
of paid sick leave.
Employees may voluntarily submit acceptable evidence such as a certificate from a medical
doctor to substantiate the reason for requesting Sick Leave, or they maybe required to do so when
requested by their respective departments director if he/she has reason to question the legitimacy
of the absence. A valid doct&s certificate shall be a written, typed, or printed statement from the
doctor specifying the date(s) of visit/consultation with the doctor, the date the employee is
authorized to return to work, any conditions or limitations imposed by the doctor, and the
signature of the doctor or his/her designee. The City reserves the right to substantiate the
legitimacy of any certificate submitted by an employee as evidentiary reason for the use of Sick
Leave.
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When an employee has a documented serious health condition, the City shall provide the
employee with Family and Medical Leave Act request form to be completed by the employee's
physician, which maybe used to authorize use of Sick Leave in accordance with the term of the
Act. If approved, the completed FMLA form shall be utilized to relieve the employee from the
requirement to provide a doctor's certificate for one initial continuous absence only.
Employees who utilize sick leave may be required to undergo fitness for duty or maximum
physical capacity examination in order to determine the employee's ability to return to work in
the same job classification or whether the employee may require a reassignment upon return to
work All such leaves shall be administered in accordance with the Family Medical Leave Act
where applicable.
F. Payment for Unused Sick Leave
1. Upon separation from the City service, an employee shall be paid for one-half of his/her
accumulated unused sick leave up to a maximum payout of 520 hours for employees with a
1,040 hour cap or 780 hours for employees with a 1,560 hour cap, or may use such anwunt of
sick leave to advance the date of retirement. The rate of payment shall be based on the current
base hourly rate (excluding shift differential or any other addition to base pay) of the employee
on the last day worked prior to separation The hourly rate will be adjusted in accordance with
base biweekly pay if the employee is on a work schedule other than 40 hours per week The
employee may request that one-half the payment for unused sick leave be made at separation
and one-half the payment be made in the first payroll period in the next calendar year. The
payment will be made provided:
a) The employee is retiring on City Pension
OR
b) The separation is involuntary on the part of the employee including disability (incurred on
or off the job) and layoffs.
OR
c) The employee's estate shall receive payment if an employee dies.
OR
d) The employee is eligible to retire under Federal Social Security and has a minimum of five
years of service.
2. An employee who has been dismissed for cause shall have no claim for sick leave payment.
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G. Injuryfrom Other Employment
1. An employee may not utilize accumulated sick leave for absences resulting from an injury
arising out of and in the course of employment, other than City employment, for which
monetary or other valuable consideration is received or expected Any employee who
utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for
absences resulting from an injury arising out of and in the course of employment, other
than City employment, may face disciplinary action up to and including termination
H. Use of Leave After Accrual
1. Employees may be authorized to use sick leave after it is accrued. The employee may be
required to submit acceptable evidence such as a medical certificate from a medical doctor
to substantiate the reason for requesting sick leave.
1. Bonus Leave Days
1. Following a payroll calendar year that a bargaining unit employee uses no sick leave, or less
than two days of sick leave, and has no unexcused absences and no more than two
incidents of unexcused tardiness, the employee will be awarded bonus leave days in
accordance with the following chart. Time charged to sick leave in conjunction with funeral
leave shall not be counted toward the eligibility for bonus leave days. Bonus leave days
must be used in the next payroll calendar year.
Amount of Sick Leave Used Bonus Days Awarded
Less than one standard Aurk day 2
One standard Aurk day up to 1
two standard wark days
a) A payroll calendar year begins with the first day of the first pay period for the first
paycheck date in the calendar year and ends with the last day of the last pay period for
the last paycheck date in the calendar year. The City agrees, when practicable, to
provide notice of the date of the beginning of the payroll calendar year and the date of
the end of the payroll calendar year on employees' paycheck advice statements prior to
the respective payroll period in which such dates occur.
b) Bonus days are not included in overtime calculations.
c) Upon an employee's separation from the City, the employee will receive a lump sum
payment at the employee's current base rate of pay for his/her remaining sick leave
bonus day balance, or if retiring may use such balance to advance the date of retirement.
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J. Sick Leave Pool
1. A leave pool will be established by members of the bargaining unit subj ect to the following
provisions:
a) The purpose of the leave pool is to provide leave to bargaining unit members who face
significant time off without pay due to a serious illness or injury, whether job-connected
or non job-connected or serious illness or injury to a family member as defined in this
section The leave pool may not be used for short time periods where an employee may
be without pay. Short time shall be defined as less than 15 wDrk days.
b) A committee shall be fomled and the committee shall detem-ine use of the leave pool
days, subject to the above purpose and limitations.
i) The committee shall consist of three active employee members designated by the
Union and one non voting management employee designated by the City Manager
or City Manager's designee, who shall provide administrative oversight and ensure
compliance with the terrrr, of the established policy and this Agreement.
ii) The committee shall review employee needs and circumstances consistent with the
provisions of the leave pool and shall determine eligibility for and the amount of
leave time up to an established rnaxi_mum number of days that may be provided to
employees.
iii) The committee may establish procedures, form and other rules necessary for its
effective operation, provided they are consistent with the provisions of this section
and subject to the approval of the City Manager or his/her designee.
iv) The committee's decisions are final and are not subject to the grievance procedure.
Bargaining unit members may donate days one time per year from their vacation
leave, floating holiday, or sick leave balances at 100% value .
c) No employee shall be permitted to donate more than four days of leave per year to the
pool, unless authorized by the City Manager.
d) In the event that the leave pool balance becomes loiAur than 100 days, the committee
may, with the prior approval of the City Manager or designee, open up the opportunity
for additional donations to be made during the calendar year.
e) All donations of pool leave time must be in full day increments based on the full-time,
regularly scheduled day for the employee's respective job classification (i.e., an 8-hour or
10-hour day is a full day).
f) Donations of pool leave time are irrevocable.
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g) No dollar value shall be placed on leave donations. All donations and all authorized
usage shall be computed as day-for--day
h) When pool leave time is authorized by the committee for use by an employiee, it shall be
on a day-f or-day basis, irrespective of the number of hours used each day. E ach day or
portion thereof shall be counted as one day. Bargaining unit members shall be eligible
to be granted up to a maximum of 30 work days or portions thereof within a 12 month
period counting backwards from the time of the most recent leave pool request.
i.) An employee using leave pool time shall receive regular base pay and his/her regular
shift pay. However, other pays shall not be provided with leave pool days (e. g, lead pay,
acting pay, special assignment pay, etc.). Pay for authorized pool days shall not be
granted for the first 15 work days of the absence necessitating leave from the pool.
After 15 work days of such absence, the employee shall be eligible to be paid
retroactively for the first 15 wUrk days, and shall thereafter be eligible to receive his/her
regular pay for any remaining pool days authorized
j.) Pool leave time granted and not used in a given year by the employee receiving the
donated pool leave time shall remain with the leave pool and be carried over to the next
year. No donated pool leave time will be refunded to the donor.
Section 4. Funeral Leave
A. Employees shall be allowed up to four consecutive scheduled work days at any one time for
funeral leave to make arrangements for and attend a funeral or memorial service with no loss of
pay and no charge against sick leave time in the event of death in the "immediate" family.
"Immediate" family shall be defined as the employee's spouse, or the employee's or employee's
spouse's child, parent, grandparent, grandchild, brother, sister, stepparent, and stepchild
B. Employees shall be allowed up to four consecutive scheduled work days at any one time,
chargeable to sick leave, to make arrangements for and attend the funeral or memorial service
in the event of death in the "extended" family. The term "extended family' as used in this
paragraph shall mean stepbrothers, stepsisters, brother's wife, sister s husband, daughter-in-law,
son-in-law, aunts, uncles, nephews, and nieces of the employee or of the employee's spouse, or
other members of the immediate household It shall also include any blood relative of the
employee living in the employee's household
C. Regular part-time employees shall be eligible to receive funeral leave in accordance with the
above. However, such days shall be paid at a prorated amount based on 20% of the weekly
average of the employee's annual budgeted hours.
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D. In the event that extenuating circumstances should necessitate an absence longer than four
consecutive scheduled Aurk days to accomplish the purpose for which this section is designed
the employee's department head with the prior approval of the City Manager or designee, may
authorize an extension of such duration as may be necessary and proper. The request for an
extension shall be submitted in form and substance suitable to the department head and the
City Manager or designee. Compensation for approved additional days shall be chargeable to
sick leave. To be eligible for funeral leave under either section, the employee must attend the
funeral or memorial service. The City reserves the right to require documentation
substantiating the request for funeral leave when such requests exceed twD in a twlve month
period or when the City has a reasonable basis to contest the legitimacy of such requests.
Authorized documentation for such purposes shall include but not be limited to a certificate of
death, obituary notice, memorial card, note from the attending clergy, or documents verifying
travel. Employees who request more than twD funeral leaves in a twwlve month period shall be
notified upon approval of any additional funeral leave of the necessity to provide
documentation to their respective department on their return to wDrk for the duration of the
twwlve month period
E. Time Off to Attend Funerals on Personal Basis
1. Employees who wish to attend a funeral of a City employee or official or the family
member of such employee or official may request to utilize accrued vacation time, floating
holiday time, sick leave incentive day time, or may request to adj ust their wDrk hours within
the same wDrkvwek Such requests may be made to the respective Division Head or
Department Director and may be approved by such authority. To the extent possible,
approval shall be granted; provided, however, it is understood that operational necessities
may preclude approval for a substantial number of employees.
2. An employee attending a funeral while using vacation time, floating holiday time, sick leave
incentive day time, or time off without pay is doing so on a personal basis and is not
recognized as a "City representative." If the employee leaves from work to attend the
funeral and/or returns to work after attending the funeral, all travel time shall be included in
the vacation time, floating holiday time, sick leave incentive day time, or time to be adj usted
3. Employees utilizing funeral leave when such leave is based on the death of a covered family
member as provided by this Agreement shall be alloiALd time off with pay consistent with
provisions of Article 8, Section 4. Hover, such employees are deemed off duty while on
funeral leave.
Section 5. Line-of-Duty Injury
A. The term line-of-duty injury is an injury which occurs on the job only when said injury is
reported on the day of occurrence and when said injury incapacitates the employee from
performing his/her job because of the injury. The City shall have the right to require the
employee to have a physical examination by a physician of its choice prior to payment of any
compensation
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B. An employee may utilize accreted sick leave, hover, the amount paid shall be only that
anwunt permitted to supplement funds received by the employee from the Florida Workers'
Compensation Law and any other disability or other income plan provided by the City, to the
point where the sum of all payments is equal to the employee's regular base pay at the time of
injury. At such time as the employee receives his/her initial workers' compensation payment,
the City shall allow the use of accrued sick leave up to the amount necessary, when combined
with the Aurkers compensation payment, to equal the employee's base pay. Any adjustment to
pay under this policy will be made following the employee's return to wDrk or at the expiration
of the period for which Workers' Compensation payments are provided under state law
C. Should an employee become unable to perform the essential functions of his/her job due to an
on-the-job injury, the employee shall have the option of accepting a demotion or lateral
transfer, provided that an opening exists in the position to which he/she is demoted or
transferred and provided further that he/she is capable of performing the essential functions of
that position The City shall have the right to require the employee to take a noncompetitive
examination to determine if the employee is capable of performing the essential functions of
the position he/she seeks to fill.
D. An employee with less than 12 months employment who is injured on the job and is eligible for
Workers' Compensation will not be charged sick leave for any medical appointments which
occur during scheduled Aurk hours and have been approved by Risk Management.
E. The City may establish such reasonable reporting requirements as it deems necessary to insure
the application of the Workers' Compensation Law
Section 6. Military Leave
A. Any employee who is a member of a Reserve Component or the National Guard and who is
required to participate in active or inactive training duty shall receive leave with pay for such
duty which falls on the employee's regularly scheduled work days up to a maximum of 171AUrk
days per calendar year without loss of seniority rights or efficiency rating. Absences from duty
for military reserve training time in excess of 17 days per calendar year shall not be
compensated by the City. A copy of the employee's military orders certifying his/her training
assignment shall be submitted to the Department Director immediately upon receipt.
B. An employee who is required to attend military duty training which falls or occurs during
regular wDrkirtg hours and which exceeds the 17 days provided in Paragraph A above will be
granted time off without pay. The employee shall be required to provide timely notice of such
training assignments to the City. When practicable as determined by the City, and upon the
request of the employee, the City will adjust the employee's schedule in order to accommodate
participation in military duty training so that such training occurs on the employee's days off.
C. When emergency conditions occur as determined by the City, bargaining unit employees
who are called up to active military duty shall be provided the same rights and benefits
afforded to other City employees pursuant to established City policies or guidelines in effect
at the time such conditions exist.
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Section 7. Jury Duty and Court Time
A. The City shall grant leave with pay for jury duty or when an employee is subpoenaed as a
witness on the following conditions:
1. Leave with pay will be granted for those hours spent on jury duty or in court when
subpoenaed as a witness that fall during the employee's scheduled Aurking hours only.
2. If the time interval bebA e the end of the employee's most recently worked shift and the
reporting time of the jury summons is less than eight hours, the employee's work schedule
will be adjusted to allow a minimum of eight hours time off prior to reporting for jury duty.
Although not mandatory management will give consideration to employees to have the
ability to change hours for special situations pursuant to this paragraph This section shall
applyonly to juryduty.
3. Hours wDrked on jury duty or in court which are compensated under the provisions of this
Article shall not count as hours worked for overtime pay purposes.
4. If an employee is excused or released by the Court before the end of his/her scheduled
work day, he/she must promptly return to wDrk
5. An employee must bring written evidence of jury duty service or court appearance before
compensation is approved
6. As soon as an employee learns of selection for jury duty or court appearance, he/she must
notify the appropriate supervisor so that arrangements may be made for his/her absence
fromwork
7. In the event a holiday shall occur during the period of the employee's jury duty or court
appearance, the employee shall receive pay for such holiday in accordance with this
agreement.
8. Leave with pay shall be granted for an employee subpoenaed as a witness except in a case in
which the litigation has been initiated by the employee or in any case involving divorce,
child support, or custody.
Section 8. Administrative Leave
The City Manager may at his/her discretion grant employees administrative leave with pay for
their normal wDrk shift or balance thereof when circumstances dictate that they be relieved from duty
because their services are determined to be non essential. Employees whose services are determined
to be essential and are required to work under such circumstances shall be compensated at the rate of
one-half times their regular hourly rate of pay in addition to any other compensation due for all hours
actually wDrked when other employees City-wide or in the same work unit have been released on
adm r&trative leave.
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If the employee is required to work a shift which is less than the employee's regular shift, the
employee shall be paid in accordance with the above for all hours actuallywurked, and shall be granted
administrative leave with pay for the remaining hours make g up the employee's regular shift. All
hours actually Aurked shall be counted as such for the purpose of computing overtime. Scheduled
administrative leave with pay shall not be considered as hours worked for the purpose of computing
overtime. Unscheduled administrative leave with pay shall be considered as hours worked for the
purpose of computing overtime. At least forty eight hours notice shall be considered scheduled
E mployees who are on previously approved leave are not eligible for administrative leave with pay.
Section 9. Leaves of Absence Without Pay
A. Employees are allowLd to take a leave of absence without pay up to six months, if approved by
the City Manager, following the expiration of all paid leave balances.
B. Upon expiration of an employee's accumulated paid leave and Family and Medical Leave when
applicable, if the employee is unable to return to work, upon written request and when
supported by medical documentation, a leave of absence without pay for not more than one
month shall be granted for the employee's continuing personal illness, at which time the case
will be revie ALd by the City Manager for consideration of an extension of time, if necessary,
and if requested by the employiee.
C. Failure to return to work at the expiration of an approved leave shall be considered as absence
without leave and grounds for dismissal, but upon timely return from leave, the employee shall
be granted and given the same position or substantially similar position without loss of salary or
benefits.
D. There will be no accrual of benefits or seniority during such leave. During a leave of absence
without pay or any other non paid leave or no-pay status of an employlee exceeding twD weeks,
the employee, if he/she desires to continue hospitalization coverage for themselves and
dependents, must pay the required premiums to the City. Failure to pay for such continuation
shall result in the loss of coverage.
Section 10. Other Time Off
An employee shall or may be granted necessary time off from his/her duties with
compensation for any of the following reasons:
A. For pre-induction physical examination when so ordered by a Selective Service Board Time
off shall be granted for the minimum period necessary to comply with such order but shall in
no case exceed two regularly scheduled work days.
B. Attendance at professional or other conventions, institutes, courses or meetings when such
attendance, in the opinion of the City Manager or designee, may be expected to contribute to
the betterment of the City service.
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C. Attendance at in-service training and other in-service meetings or program sponsored by the
City when, in the opinion of the City Manager or designee, such meetings or program are
designed to improve the City services and/or the employee's performance or to prepare
him/her for advancement. The provisions of this paragraph shall be deemed to include
authorized safety meetings and City-sponsored volunteer program.
D. An employee maybe permitted to adjust his/her schedule within a specific workOek, or may
be permitted to utilize paid leave, or may be granted time off without compensation upon the
expiration of all paid leave for attendance at meetings other than those specified in the
subsections above, or to attend urgent personal business, provided that such employee shall
request approval from his/her department head in sufficient time to permit the latter to make
arrangements therefore, and further provided that such time off will not seriously affect the
efficient operation of the Department.
E. Employees shall be released from duty without loss of pay while competing in City
promotional examinations that are scheduled during duty hours.
Section 11. Union Time
A. Union members shall be alloiALd time off with pay to attend an officially called conference,
convention, or school not to exceed a total of 400 hours per year (inclusive for all Union
members), with the approval of the affected Department Director, provided that no less than
one v&-eKs notice is provided. In addition, the five active employee Union members for whom
the City funds the registration costs to attend the Florida Labor Management Conference or a
similar labor-management conference in accordance with Article 5 of this Agreement shall be
granted time off with pay and no charge to the Union hours above.
B. Additional time off without pay for Union activity will be granted with the approval of the
Department Director and such excused time will not exceed one week at a time.
C. Bargaining unit members utilizing Union time off under provisions of this section shall not be
eligible during the time of utilization for Workers Compensation benefits in case of injury.
D. Union time off does not count as hours wDrked for the purposes of calculating overtime.
E. Union time off with pay shall be granted by the City for the purposes of grievance
representation, labor management meetings, contract negotiations, and participation as a
member or attendee of any City committee whereby the Union member appears at the behest
of and in the interest of the City. The City reserves the right to not approve such leave requests
if in its discretion it determines the absence of the Union representative will create an adverse
impact to operations. The Union shall have the right to select the number of representatives
authorized by the City to participate on the Unions behalf on City-initiated committees, and
shall notify the City in writing of the names of those members selected by the Union The
Union may select a substitute to replace an absent member on a City committee with the prior
permission of the substitute Union member's respective Department Director or designee.
The Union local president may participate as the Union representative on any committees.
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The Union shall coordinate its choice of representatives so that no single work group or
division will be adversely affected Union time off with pay shall be provided for up to five
Union Executive Board members (excluding a note taker) for contract negotiations and labor
management committee meetings.
F. The executive board of the Union shall be allowed a monthly meeting to transact any and all
business pertaining to the Union, said meeting to be allowwd during work hours not to
exceed twD hours at straight time.
Section 12. Maternity/Paternity/Child Care Leave
Maternity/Paternity/child care with or without pay to enable a parent to care for a newborn,
newly adopted, or seriously ill child may be granted to an employee, upon request and documentation
of need for a period of up to txw1ve weeks in conjunction with leave authorized in accordance with
the Family and Medical Leave Act, provided, howwver, that if both parents are employees of the City,
only one parent at a time may take such leave.
Section 13. Alternate Duty & Return to Work
A. Employees who are physically unable to perform their designated jobs, with or without
reasonable accommodation in accordance with applicable law, maybe assigned to alternate or
modified duty at the discretion of the City and in accordance with the skills, abilities, and
qualifications of the employee, any medical or physical restrictions placed upon the employee,
and the availability of work Such duty assignments shall be afforded in increments of up to 30
calendar days and shall be limited to a maximum of 180 calendar days total. The employee's
ability to return to his/her designated position and the continued availability of the alternate or
modified duty work shall be evaluated at each 30-day interval. Requests for alternate or
modified duty work shall be submitted on the appropriate form to the Human Resources
Department. Employees designated for alternate or modified duty assignment shall be required
to notify Hunan Resources of any changes in their condition that may impact their ability to
perform the alternate or modified duty assignment or that may allow the employee to return to
full duty in his/her designated position
B. An employee may be absent from his/her designated position for a maximum of 270
consecutive calendar days or 1,560 cumulative work hours in a calendar year. This
timeframe shall include any paid or unpaid absence (to include leave time granted from the
sick leave pool), absence covered or not covered by the Family and Medical Leave Act,
absence due to job-connected or non-job-connected injury or illness, or time served working
in an alternate or modified duty position An employee who is unable to perform the
essential functions of his/her designated position, with or without reasonable
accommodation in accordance with applicable law, for more than 270 consecutive calendar
days or 1,560 cumulative work hours in a calendar year shall be required to accept alternate
employment with the City in another job classification for which he/she is deemed by the
City to be qualified and able to perform the essential functions, with or without reasonable
accommodation in accordance with applicable law, or shall be subject to layoff.
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An employee who is laid off pursuant to this provision shall be placed on the re-employment
eligibility list for his/her designated job classification and any other job classification of a
lower level in which the employee has previously served or for which the employee is
deemed by the City to be qualified
ARTICLE 9
WAGES & COMPENSATION
Section 1. Salary (See Appendix for listing of pay grades assigned to represented job
classifications)
A. Pay Range minimum for all classifications represented by the bargaining unit will not be
adjusted for the period from October 1, 2008 through September 30, 2009. Pay Range
maximum for all classifications represented by the bargaining unit will be adjusted by 2%
effective October 1, 2008.
Effective from October 1, 2008 to September 30, 2009, employees whose current base rate of
pay is below their respective pay range maxinmum and who receive a rating of Meets Standards
or better on their annual performance review shall be provided with a merit pay increase
equivalent to 2.5% of the employee's respective annual base rate of pay to be applied to the
employees' biweekly base rate of pay, effective as of the date of the employees' annual
performance review. Any portion of the increase which, when annualized, exceeds the
respective pay range iruxi_mum shall be paid as a one time lump sum bonus payment, and such
employees' bmeekly base rate of pay shall be adjusted to the pay range maximum.
B. The parties agree this Section may be re-opened upon the written request of either party no
sooner than 60 days prior to September 30, 2009 for the purpose of negotiating rates of pay
and/or adjustments to pay range minimum and maximum for any bargaining unit members
or represented job classifications for the period from October 1, 2009 through September 30,
2010.
C. The parties agree this Section may be re-opened upon the written request of either party no
sooner than 60 days prior to September 30, 2010 for the purpose of negotiating rates of pay
and/or adjustments to pay range minimum and maximum for any bargaining unit members
or represented job classifications for the period from October 1, 2010 through September 30,
2011.
D. Employees shall receive their first annual performance evaluation one year from their initial
date of hire, and if rated Meets Standards or better, shall receive any applicable pay increases as
of the date of the initial one-)P-ar performance evaluation Such employees shall be eligible for
their next annual merit pay increase, if applicable, on the following October 1 subsequent to the
initial one-year performance evaluation Upon receiving a rating of Meets Standards or better,
such employees shall at that time receive a pro-ration of the applicable pay increases based on
the number of days betvwen October 1 and the date of the initial one-yex performance
evaluation, and shall have their annual merit pay increase date adjusted to the October 1 date
thereafter.
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In accordance with provisions of the City of Clearwater Pay Plan, bargaining unit members
who are determined by their respective department to not meet standards or who receive a
rating of Improvement Expected on their annual perforn-once evaluation, and who
subsequently receive a rating of Meets Standards on their initial or secondary 3-month follow
up perforn-once evaluation, shall be eligible to receive any applicable pay increases effective on
the date of the respective 3-month follov,,-up performance evaluation the employee is
determined to meet standards. Such employees shall be eligible for their next annual merit pay
increase, if applicable, on the following October 1 subsequent to the successful 3-nwnth follow
up performance evaluation, and upon receiving a rating of Meets Standards or better at that
time shall receive a pro-ration of the above applicable pay increases based on the number of
days betvwen October 1 and the date of the successful 3-month follov.-up performance
evaluation, and shall continue to be eligible for any applicable merit pay increase on the
October 1 date thereafter. Employees who receive a rating of Improvement Expected on their
annual performance evaluation and both the initial and secondary 3-month follov.-up
performance evaluations shall not receive a merit increase, and shall be revaluated again after
one year from the date of the initial evaluation that was rated Improvement Expected
Section 2. Overtime
A. All employees outlined in the Pay Plan as eligible for overtime shall receive 1-1 /2 times their
regular rate of pay for all hours wDrked in excess of 40 hours per v&ek Employees shall only
wDrk overtime hours as directed or permitted by managerial personnel. Sick leave, vacation,
and other time not Aurked except designated City holidays and floating holidays shall not count
as hours wDrked for overtime purposes.
B. Overtime will not be assigned unfairly. Whenever practicable, the City will offer overtime
assignments to perform wDrk applicable to the CWA bargaining unit to available and qualified
members of the bargaining unit prior to offering such assignments to non bargaining unit
personnel.
C. Any full time employee who is required to Aurk twu consecutive full shifts in a tvwnty four
hour period will be provided $10.00 for meal money.
Section 3. Standby and Recall (Mutually Exclusive)
A. Standby shall be paid at the following rates during the term of this contract.
Effective Date Monday-Friday Saturday& Sunday Extended Time
During Holidays
Start of Pay Period
Including 10/1/2008
$25 Per Night
$35 Per Day
$40 Per Day
Start of Pay Period
Including 10/1/2010
$30 Per Night
$35 Per Day
$40 Per Day
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Daily standby (Monday-Friday) shall begin at the end of each regular workday and shall end at
the beginning of the next workday (16-hour period). Weekend standby shall begin at what
would be the normal starting time on Saturday and shall conclude at the beginning of the
regular wDrkday on Monday (48-hour period). Extended Time During Designated Holidays
shall apply when an employee assigned to standby continues in standby assignment for an 8-
hour extended period for a designated holiday. In addition to the above amounts, an employee
who is called out to work while on Standby duty shall be credited with one hour work time or
the actual hours worked during the entire Standby period, whichever is greater. An employee
assigned to Standby who receives a work related phone call during the Standby period and who
conducts City business without being called out to work shall be credited with one-tenth of an
hour or the actual amount of time of the phone call, whichever is greater, for each such phone
call received
B. Recall (Call-out, Callback, and Call-in): If an employee is called back to work after the
employee's normal work day and returns to work, or if an employee is called back to perform
needed work after the employee's regular shift ends and the employee has already left the job,
or if an employee is called in to perform needed work on a v&ekend, holiday, or other
equivalent period during which the employee lAUdd not otherwise have worked, the employee
shall be credited with tm hours work time or the actual hours worked, whichever is greater.
Time shall be computed from when the employee reports on duty, and ceases when he/she
reports off-duty.
C. Time beyond an employee's regular work schedule when assigned and scheduled in advance,
either as a continuation of a present shift assignment or the requirement to Aurk on an
employee's regular non-workday(s) shall not be subject to any minimum guarantee pay or
hours. Hover, all time worked shall be credited toward hours worked for regular and
overtime pay purposes.
D. Employees shall not be assigned to standby duty if excused in advance by managerial
personnel, and in all cases the Departnerrt will seek volunteers prior to assigning standby duty.
The City shall have the right to specify requirements needed for standby, including skills,
dependability and ability to report timely, and employees not meeting said requirements may
not volunteer for such standby.
E. Any employee assigned to standby and who, during the period of such standby assignment, is
not readily available as required or who is or becomes unable to perform his/her work duties
shall be subject to discipline, except that an employee who becomes sick or qured and
immediately notifies his/her supervisor shall not be subject to discipline. The City may require
evidence in the foml of an excuse from a medical doctor of such qury or illness.
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Section 4. Shift Differential
Regular, full-time emplo);ees (other than those utilizing flex-time) shall be entitled to 5% shift
differential pay above the employes' base rate of pay for all hours when the majority of their regularly
scheduled hours for the Aurk week fall betxwen 4:00 PM and 12:00 AK regardless of the starting or
ending time of the employee's shift. Regular, full time employes (other than those utilizing flex-time)
shall be entitled to 7% shift differential pay above the employes' base rate of pay for all hours when
the maj onty of their regularly scheduled hours for the work week fall betw? 12:00 AM and 8:00 AN/L
regardless of the starting or ending time of the employee's shift.
Section 5. Acting Pay
An employe who is assigned to wDrk in an "acting" capacity in a higher level classification for
more than 10 consecutive work days shall receive acting pay retroactive to the day the acting
assignment began. The amount of pay shall be 5% higher than the employee's current base rate of
pay,
Driver Pay: Employes assigned to the classification of Solid Waste Worker in the Solid
Waste Depar anent will continue to receive "driver pay' for each day succeeding the 20th cumulative
day the employe has substituted as a driver. The rate is $15.00 per day.
Section 6. Training Differential
Employes who are required to provide formal training to other employes outside of what is
considered the nonrol scope of their job duties, and who are designated "framers" with an established
curriculum as determined by the Department Director, will receive 5% above their nor-tal base pay for
any hours they are assigned to act as trainers in a f oral training capacity.
Section 7. Leadworker Assignment and Pay
A Departinent Director, with the prior approval of the City Manager or his/her designee, may
assign leadw®rker duties to a regular employe for such period of time as will, in his/her opinion, serve
the best interest of the City. Such assignment shall be made only when a small group of workers are,
in the norial course of their duties, regularly required to work at a time and/or place without the
degree of supervision which, in the judgment of the Department Director, is conducive to efficient
performance.
An employe assigned leadworker duties will be required to perform all the duties of his/her
regular position and additionally exercise primary layout and/or supervisory functions in relation to
other wDrkers who are ordinarily classified the same as the leadw®rker, accepting con melnsurate
responsibility for group performance. For the period of such assignment the leadworker shall be paid
an additional biweekly amount representing 5% above his/her current base rate of pay.
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Leadw®rker assignments maybe authorized for intervals up to one year in duration, or may
be authorized for shorter intervals at the discretion of the respective Department Director. If an
employee has been assigned as a LeadwDrker for one year, the LeadADrker assignment shall then be
rotated to another employee deemed by the respective department to be qualified for the
assignment. If no other employees are interested or deemed qualified, an employee may be
assigned LeadwDrker for consecutive one-year intervals.
Section 8. Assignment Pay Differential
A. A Department Director may, at his/her discretion and with the approval of the City
Manager/designee and consent of the Union, designate a specific position or positions
within a job classification which shall be eligible to receive a 5% Pay Differential when the
duties of the position differ from others in the same classification in their difficulty,
complexity, responsibility, or hazardous nature to the extent that additional compensation is
deemed warranted Assignments to positions may be on a rotational basis, or may be
offered to employees in the respective classification based upon City seniority, however the
Department Director shall have the right to remove any employee from such assignment in
conjunction with a development plan if performance is deemed unsatisfactory.
B. Solid Waste Equipment Operators and Solid Waste Workers who are assigned and complete
two full routes on one work day during a work week that pickups are limited by a City
designated Holiday shall receive a premium pay equivalent to four hours of pay based on the
employee's base rate of pay. Such premium pay shall not constitute hours worked or to be
accumulated toward the calculation of overtime.
Section 9. Uniforms and Rain Gear
A. The City agrees to provide each full-time employee who is required to wear a uniform with an
initial issue of five uniform. Permanent part-time employees who are required to wear a
uniform shall be issued a pro-rated number as determined necessary by the hiring department
based on scheduled hours/days of work per week The City shall determine the manner of
procurement and style of uniform to be worn. The City agrees to provide cotton blend
uniform of at least 35% cotton to employees who are required to wear uniform. The
employee agrees to launder the uniform. The employee will be issued a replacement for each
uniform that becomes torn or tattered as the result of normal wear and tear, but not for a
uniform that has been damaged due to the employee's abuse or negligence. The employee
must return the uniform as a condition for receiving a replacement.
B. The City will provide an allowance of up to $125.00 based upon demonstrated need for the
purchase of safety shoes for each employee who is required to wear such. The City shall have
the authority-to designate additional job classifications as eligible for the allowance. Employees
who request safety shoes and are denied such by their department may have the decision
reviewed by the City Manager or his/her designee by submitting a written request within 10
work days of the department's decision The decision of the City Manager or designee shall be
final and binding and not subject to arbitration
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The City shall determine the manner of procurement to be afforded all affected employees, and
shall have the right of approval in determining types of shoes which are acceptable. Employees
shall provide wDrn or unserviceable safety shoes to their respective department for inspection
in order to obtain authorization for replacement. Employees maybe permitted to keep such
w®rn shoes after inspection at the discretion of their respective departments.
C. The City will provide employees with adequate rain gear. Rain gear that is wDrn, torn, and/or
tattered through normal near and tear shall be replaced provided that the employee turned in
the old rain gear. E mployees may use umbrellas instead of rain gear as appropriate to the job
classification
D. All uniforms and equipment provided by the City shall be issued and accounted for in
accordance with I.R.S. regulations governing same.
Section 10. Certification Pay
A. City fleet service mechanics who obtain and maintain job-related ASE certifications in
accordance with standards established by the City shall receive $50 per hour in addition to the
employees' base rate of pay for each such certification obtained and maintained up to a
maximum of seven such certifications. City fleet service mechanics who obtain and maintain
the required ASE certifications constituting the designation of ASE Master in a City authorized
module of study shall receive $5.00 per hour in addition to the employees' base rate of pay in
lieu of the individual certification pays described above. The City agrees to pay the cost of the
training and examination process for each certification the first time employees attend such
only. The City reserves the right to determine the appropriate certifications that will be entitled
to the additional compensation
B. The classifications of Marine Lifeguard, Senior Marine Lifeguard and Water Safety
Supervisor shall be eligible for a 5% certification pay differential in addition to the respective
incumbent's base rate of pay for the possession and maintenance of a valid State of Florida
Emergency Medical Technician certification.
C. The classification of Building Construction Inspector shall be eligible for a 4% licensure pay
differential in addition to the respective incumbent's base rate of pay for the possession and
maintenance of each valid inspector license offered by the State of Florida Building Code
Administrators and Inspectors Board over and above the first such license required as a
minimum qualification requirement. Additional differentials shall be calculated cumulative
and not compounding (i.e., 8%,12%,16%, etc.). The classification of Building Construction
Inspector shall also be eligible for a licensure pay differential of $50 per payroll period in
addition to the respective incumbent's base rate of pay for the possession and maintenance
of each valid plans examiner license offered by the State of Florida Building Code
Administrators and Inspectors Board when the employee is directed by his/her department
to utilize such license at any time during the payroll period
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Section 11. Replacement /Repair of Tools
The City will replace or repair, as appropriate, the tools of employees who are required by the
City to furnish their own tools, when it can be verified such tools are broken on the job or when such
tools are stolen from the job site and a police report confirming the theft is given to management.
Employees shall be required to report the breakage or loss of such tools to theft immediately in order
to be entitled to replacement or repair.
Section 12. Training and Career Development Workshops
Employees will be compensated in accordance with the Federal Fair Labor Standards Act and
applicable City Policy for the time the employee attends training and career development workshops.
Section 13. Travel and Mileage
Employees shall be compensated in accordance with the Federal Fair Labor Standards Act and
applicable City Policy for wDrk related travel time. All employees who drive their own vehicle for City
business will be paid upon request reimbursement in accordance with City policy for any mileage
traveled at the rate set by the Intemal Revenue Service.
Section 14. Commercial Driver's License
A. Employees in driving positions which require a CDL and who fail to comply with requirements
of the State of Florida CDL program cannot continue to function in their driving positions. At
such time as the employee can no longer drive vehicles required in his/her job classification
because of his/her failure to comply with CDL requirements of the state, the City shall
preclude the employee from driving the designated City vehicles. The employee shall have
thirty (30) days in which to comply with the state CDL requirements or to obtain a transfer,
demotion or promotion to a position not requiring CDL licensure. Such job change must be
accomplished within the normal processes for transfer, demotion or promotion Failure to
obtain the appropriate license or, alterately, to obtain a transfer, demotion or promotion to a
position not requiring the CDL shall result in the layoff of the employee.
B. The City will reimburse regular, non probationary employees for the cost of any CDL and
endorsements required by the City, including any fees associated with obtaining such license or
endorsements, provided the employee has submitted evidence of possession of the CDL in
good standing along with a receipt identifying the costs incurred, and has not had any in service
vehicle accident or moving traffic violations since his/her last license was issued.
Section 15. Parking
The City will make an effort to provide parking for all employees.
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Section 16. Tuition Reimbursement
Each member of the bargaining unit shall be entitled to reimbursement for tuition fees for
approved courses in accordance with the City s Tuition Refund Program up to an amount of $650 per
year for each fiscal year of this Agreement.
ARTICLE 10
INSURANCE
Section 1. The City agrees to meet with the CWA representatives as necessary to review the
health and life insurance program for the purpose of reducing the cost of such program for the City
and the employees. The City further agrees to provide the CWA with such information as it has
available which would be required to formulate such a benefit package and to cooperate with the CWA
to obtain pertinent information from the present carrier.
Section 2.
The City agrees that for the calendar year occurring within the first year of the agreement, the
City shall contribute toward the medical insurance premiums for employees and their dependents in
the amount approved for the plans approved by the City Commission. The City and Union agree to
maintain a Benefits Committee recommendation process culminating in final action by the City
Commission to determine medical insurance premium for employees and their dependents for the
duration of this Agreement. The City further agrees that during the life of the agreement, the City will
make available to employees the option of at least one health insurance plan for which the City shall
pay 100% of the premium for the employee only base benefit plan cost, it being understood that such
base plan may provide a different level of benefit than that which is currently provided Additional
coverage for the family or spouse, as Hell as any enhancements or "buy ups" to the base plan will
continue to be paid for by the employee.
Section 3. The City shall pay the premium for group life insurance for all bargaining unit
members equivalent to one-and-one-half times the respective employee's annual base rate of pay, up to
a max m of $50,000 coverage.
Section 4. Unemployment Insurance: The City shall participate in and provide
employees with unemploynent insurance as provided by law.
Section 5. Workers' Compensation Insurance: The City shall participate in and provide
employees with Workers' Compensation Insurance as provided by law.
Section 6. Social Security Insurance: The City shall provide all necessary employer
contributions for social security insurance as provided by law for those employees ineligible to
participate in the City retirement program.
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Section 7. Liability Insurance: The City shall provide legal counsel to assist in the
defense of any claim against any member of the bargaining unit, where the claim results from the
employee's employment with the City and where the employee is acting within the scope of his/her
employment, except that the City will not be obligated to defend or pay a claim based on an intentional
tort. The City will indemnify, pay or insure any claim other than an intentional tort.
ARTICLE 11
PERFORMANCE AND DISCIPLINE
Section 1. No employee shall be disciplined except for just cause.
Section 2. The City and the Union will continually review the Performance & Behavior
Management Program (PBNW) at mutually convenient time periods in a cooperative manner.
Section 3. Whenever the City or the Union proposes to amend any policy affecting the
discharge and discipline of unit employes, the City or the Union shall provide notice and a copy of the
proposed amendments to the other party at least 21 days in advance of a meeting. The Union and the
City shall meet to reach consensus on any proposed changes.
Section 4. Development plans designed to address employes' performance or behavior
which does not meet established standards or expectations may be initially implemented for a period
from a minimum of 3 months to a maxinum of 6 months, and may be extended for up to an
additional 6 months if deemed appropriate. Employes shall be provided written acknowledgment of
successfully completed development plans.
ARTICLE 12
DRUG AND ALCOHOL POLICY
The Q3/s policy is intended to conform to the Drug Free Work Place Act and to be in
compliance with any Federal Law requirements regarding the unlawful manufacturing, distribution,
dispensation, use or possession of any controlled substance or illegal drug.
Section 1. Voluntary use of controlled substances which cause intoxication or impairment
on the job and poses risks to the employr, the affected employe and their coworkers, is prohibited
Section 2. All bargaining unit employes will be fully informed of the employer's for cause
drug testing policy before testing is admirustered Bargaining unit employes will be provided with
information concerning the impact of the use of drugs on job perfornonce. Unit supervisors will be
trained to recognize the symptoms of drug abuse, impairment and intoxication The City will permit
two employes selected by the Union to attend such training class on City time.
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Section 3. Annual Physical
Employees in job classifications which require an annual or biannual physical maybe required
to submit to a drug screening as part of the annual physical examination
Section 4. City s Drug and Alcohol Program Policy
The Cites Drug and Alcohol Program Policy delineates drug and alcohol test procedures.
Revisions governing testing standards and job classification specifications shall be made as revisions to
laws or regulations of state or federal government or agencies deem permissible. Union
representatives will be furnished with copies of the policies upon such revision Whenever the City or
the Union proposes to amend or change any policy affecting drug and alcohol testing, the City or the
Union shall provide notice and a copy of the proposed amendments or changes to the other party at
least 30 calendar days in advance of the proposed effective date of the change. The Union and the
City shall have the right to bargain such proposed amendments or changes in accordance with the law
and the term of this agreement.
ARTICLE 13
RETIREMENT
Section 1. The City agrees to send announcements of regularly scheduled meetings of the
Board of Trustees of the Employees' Retirement System to the President of the Union
Section 2. A spokesman for the Union shall have the right to present the Unions views
regarding the employees' retirement system either orally or in writing to the Advisory Committee of
the Board of Trustees.
Section 3. Notification of any change of benefits in the Employees' General Pension Plan
shall be given to the employees 60 days prior to any action taken
Section 4. The parties agree to bargain proposed changes in the CitS s Pension Plan that
deal with mandatory subjects of collective bargaining and any impact these changes may have on
bargaining unit members.
Section 5. Vacation and Bonus to be Credited Toward Retirement
A. Vacation Accumulation
The amount of vacation accumulation shall not exceed 240 hours for the purpose of early
retirement.
Item # 3
45
Attachment number 1
Page 50 of 57
B. Special Bonus Days After 20 Years
Upon the completion of a total of 20 years (consecutive) service with the City, an employee
who was employed by the City prior to October 1, 1990, shall be entitled to begin accumulating
credit toward the awarding of bonus days for the purpose of early retirement or a cash
settlement only at the time of retirement which shall not exceed a total of 15 working days. No
bonus days shall be provided to any employee hired by the City on or after October 1, 1990.
The schedule for the accumulation of bonus days shall be as follows:
Upon completion of 21 years service
Upon completion of 22 years service
Upon completion of 23 years service
Upon completion of 24 years service
Upon completion of 25 years service
Number of days which may be
accumulated
Accumulate 1 day
Accumulate 2 additional days
Accumulate 3 additional days
Accumulate 4 additional days
Accumulate 5 additional days
15 days total
Section 6. Any sick leave charged to an employee's sick leave balance after May 10, 1998 as
the result of a line-of-duty injury shall be added back to the employee's sick leave balance up to the
employee's respective sick leave cap at the time of retirement. This relates only to injuries and re-
injuries wherein wages are compemable under Workers' Compensation
Section 7. During the advancing of the retirement date through the use of sick leave, bonus
days, and vacation leave, employees shall not accrue any benefits except retirement credit, including but
not limited to vacation leave, sick leave, insurance premium, holidays, workers' compensation, salary
increases, assignment pay, shift pay, allowances, reimbursements or special payments, or bonuses of
any kind
ARTICLE 14
SENIORITY, LAYOFF, AND RECALL
Section 1. Seniority
A. Seniority is defined as the length of continuous service in City employment. Seniority will
continue to accrue during all types of leaves of absence with pay and other leaves where
specifically provided.
B. After successful completion of the initial probationary period which is six months, seniority
will revert to the date of employment. Seniority shall be used as a factor in consideration for
promotion When skills and qualifications are substantially equal, seniority shall prevail.
Item # 3
46
Attachment number 1
Page 51 of 57
C. E mployees shall lose their seniority only as a result of the following.
1. Voluntary termination
2. Retirement.
3. Termination for Cause.
4. Failure to return from military leave within the time limit prescribed bylaw
D. Whenever there is a question as to which bargaining unit employee shall be allowed vacation,
days off, differential payments or hours of work, seniority shall prevail, provided skills and
qualifications are substantially equal.
Section 2. Layoffs
A. An employee may be laid off by the City Manager m the manner herein provided when there is
lack of wDrk or funds, abolition of either full-time or part-time position, or material changes in
duties or organization which require a reduction m personnel. No regular employee, however,
shall be laid off while there are Emergency, Temporary, Seasonal, probationary, or other non
regular status employees serving m the same class.
B. When the need arises for laying off either full time or part-time regular employees m any
department for any of the reasons enumerated m Section 1 hereof, the order of layoff shall be
determined by taking into account both service ratings and seniority. It is specifically
understood that layoffs will be by classification on a city-wide basis. When other qualifications
are substantially equal, City seniority will govern When City seniority is the same, time m
classification will govern When City seniority and time m classification are the same, the order
of layoff shall be determined by a coin toss. When determining the order of layoff for part-
time employees, City seniority shall be defined by the number of completed continuous service
hours.
C. An employee who is designated to be laid off shall have the opportunity to revert to the
classification he/she held prior to his/her current classification If a vacant position exists
within such employee's prior classification, the employee will be assigned to the vacant position
If no vacant position exists within such employee's prior classification, and this movement
requires further reduction m the work force, the same procedure shall be utilized for
subsequent positions m accordance with this section, and the process continued through the
ranks thereafter.
The provisions of this and the following section are based on the premises that the services of
the affected employee have been satisfactory and that he/she is physically and mentally capable
of efficiently discharging the duties of another position m the same or lower class.
D. Names of regular employees who are laid off shall be placed on the re-employment list for the
appropriate class for re-employment within one year thereafter when vacancies m the class
occur. An employee who is eligible to have his/her name placed on a re-employment list may,
on written request and with the approval of the Human Resources Director and the City
Manager or designee, have his/her name also placed on re-employment lists for the same or
Item # 3
47
Attachment number 1
Page 52 of 57
lower classification requiring essentially the same or lesser qualifications within a class series or
for other classes in which the employee previously had regular status. Names shall be placed
on the re-employment list in the order of City seniority.
ARTICLE 15
DURATION, MODIFICATION AND TERMINATION
This Agreement shall be effective as of the 1st day of October, 2008 and shall continue in full
force and effect until September 30, 2010. At least 120 days prior to the termination of this Agreement,
either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this
Agreement. Failure to notify the other party of its intention to modify, amend or terminate, as herein
above set forth, will automatically extend the provisions and terms of this Agreement for a period of one
year, and each year thereafter absent notification
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of
2008.
ATTEST:
Cynthia E. Goudeau, City Clerk
Approved as to form and correctness:
Pamela K. Akin, City Attorney
WITNESSES:
CITY OF CLEARWATER
William B. Horne II, City Manager
Countersigned
Frank Hibbard MayDr
COMMUNICATIONS WORKERS
OF AMERICA
Don LaRotonda, CWA Representative
Stephen C. Samoff, President, Local 3179
Item # 3
48
Attachment number 1
APPENDIX A Page 53 of 57
Alphabetical Listing of Job Classifications
Job Code Title Pay Grade
225 Accounting Clerk C-105
230 Accounting Technician C-109
1540 Air Conditioning Technician C-112
4603 Arborist C-111
707 Board Reporter C-109
1560 Building & Maintenance Foreman C-113
1570 Building & Maintenance Supervisor C-116
1380 Building Construction Inspector C-115
1375 Building Inspector Technician C-113
510 Chief Communications Technician C-114
706 City Clerk Specialist C-109
90 Clerk-Receptionist C-101
1318 Code Enforcement Inspector C-113
500 Communications Technician C-111
1040 Construction Inspector I C-112
1050 Construction Inspector 11 C-114
1001 Construction Office Specialist C-109
2485 Construction Specialist C-113
6001 Container Maintenance Worker C-107
6565 Courier C-104
6500 Custodial Worker C-102
5128 Customer Service Accounting Representative C-108
5125 Customer Service Representative C-107
5135 Customer Service Specialist C-110
1125 Design & Mapping Technician C-113
1335 Development Review Specialist C-112
1340 Development Review Supervisor C-114
1320 Development Review Technician I C-107
1325 Development Review Technician 11 C-110
1115 Drafting & Mapping Technician C-111
1741 Electro-Mechanical Technician C-115
1940 Electronics Technician C-114
1105 Engineering Technician C-111
1172 Environmental Technician C-110
1810 Equipment Operator C-108
5110 Field Service Representative I C-106
5111 Field Service Representative 11 C-107
4035 Fire Public Education & Info Aide C-109
4040 Fire Public Education & Info Specialist C-112
1610 Fleet Mechanic C-112
1675 Fleet Mechanic Supervisor C-116
1654 Fleet Operations Trainer C-114
Item # 3
I
Attachment number 1
APPENDIX A Page 54 of 57
Alphabetical Listing of Job Classifications
Job Code Title Pay Grade
1660 Fleet Production Control Coordinator C-115
1601 Fleet Service Worker C-105
4601 Forestry Technician C-106
5379 Gas Specialist C-115
5383 Gas Supervisor C-116
5355 Gas Technician I C-107
5365 Gas Technician 11 C-111
5375 Gas Technician III C-114
75 Graphics Designer C-111
61 Graphics Specialist C-109
70 Graphics Supervisor C-116
44 Graphics Technician C-108
1820 Heavy Equipment Operator C-111
1365 Housing Inspector C-114
5741 Industrial Pretreatment Technician C-113
1345 Inspections Specialist C-114
2068 Lead Parking Attendant C-106
2110 Library Assistant C-105
8000 Library Page Hourly
1360 License Inspector C-113
1910 Licensed Electrician C-115
4012 Life Hazard Safety Inspector C-113
1760 Machinist/Fabricator C-114
6530 Maintenance Worker I C-102
6540 Maintenance Worker 11 C-105
3010 Marine Facility Operator C-108
3045 Marine Lifeguard C-107
3044 Marine Operations Supervisor C-116
3030 Marine Recreation Program Supervisor C-112
1651 Mechanic Fabricator C-113
655 Network Support Technician I C-108
656 Network Support Technician 11 C-111
2066 Parking Attendant C-101
2030 Parking Enforcement Specialist C-107
2035 Parking Enforcement Supervisor C-112
2045 Parking Operations Supervisor C-114
2025 Parking Technician C-108
4671 Parks Service Supervisor I C-114
4672 Parks Service Supervisor 11 C-116
4625 Parks Service Technician I C-104
4635 Parks Service Technician 11 C-108
4645 Parks Service Technician III C-111
Item # 3
11
Attachment number 1
APPENDIX A Page 55 of 57
Alphabetical Listing of Job Classifications
Job Code Title Pay Grade
3230 Personnel/Payroll Technician C-110
1545 Plumber C-112
8355 Police Aide C-104
3571 Police Communication Operator C-112
3568 Police Communication Operator Trainee C-109
3560 Police Communication Supervisor C-115
3515 Police Information Supervisor C-113
3505 Police Information Technician I C-105
3510 Police Information Technician 11 C-109
3517 Police Office Specialist C-109
3520 Police Property Clerk C-106
3521 Police Property Supervisor C-113
3570 Police Telecom municator C-107
4760 Pool Guard C-105
1740 Public Services Specialist C-115
1745 Public Services Supervisor I C-114
1755 Public Services Supervisor 11 C-116
1705 Public Services Technician I C-107
1708 Public Services Technician 11 C-111
1725 Public Services Technician III C-113
1730 Public Services Trainer C-114
1746 Public Utilities Specialist C-115
1750 Public Utilities Supervisor I C-114
1756 Public Utilities Supervisor 11 C-116
1706 Public Utilities Technician I C-107
1709 Public Utilities Technician 11 C-111
1726 Public Utilities Technician III C-113
4762 Recreation Leader I C-105
4763 Recreation Leader 11 C-107
4784 Recreation Program Support Technician C-109
4785 Recreation Programmer 1 C-109
4775 Recreation Programmer 11 C-111
5160 Senior Customer Service Representative C-111
2115 Senior Library Assistant C-106
3050 Senior Marine Lifeguard C-109
3572 Senior Police Communication Operator C-113
180 Senior Service Dispatcher C-110
170 Service Dispatcher C-105
1355 Sign Inspector C-114
6026 Solid Waste Accounts Coordinator C-111
6020 Solid Waste Equipment Operator C-111
6046 Solid Waste Service Coordinator C-116
Item # 3
iii
Attachment number 1
APPENDIX A Page 56 of 57
Alphabetical Listing of Job Classifications
Job Code Title Pay Grade
6036 Solid Waste Supervisor I C-114
6040 Solid Waste Supervisor 11 C-116
6000 Solid Waste Worker C-105
6003 Solid Waste Yard Maintenance Leader C-107
100 Staff Assistant C-107
420 Storeskeeper C-110
1010 Survey Assistant I C-106
1020 Survey Assistant 11 C-109
1030 Survey Party Chief C-114
1530 Tradesworker C-111
2050 Traffic Engineering Assistant C-110
2053 Traffic Operations Supervisor I C-114
2055 Traffic Operations Supervisor 11 C-116
2005 Traffic Technician C-111
6005 Transfer Station Operator C-107
4600 Tree Trimmer C-108
1765 Utilities Mechanic C-112
1775 Utilities Mechanic Supervisor I C-114
1785 Utilities Mechanic Supervisor 11 C-116
1640 Warehouse Clerk C-108
1650 Warehouse Supervisor C-114
5720 Wastewater Treatment Plant Operator-A C-114
5710 Wastewater Treatment Plant Operator-B C-113
5701 Wastewater Treatment Plant Operator-C C-112
5700 Wastewater Treatment Plant Operator-Trainee C-107
5730 Wastewater Treatment Plant-Lead Operator C-116
5570 Water Plant Chief Operator C-116
5561 Water Plant Operator A C-114
5560 Water Plant Operator B C-113
5550 Water Plant Operator C C-112
5540 Water Plant Operator Trainee C-107
3060 Water Safety Supervisor C-114
6014 Welder C-111
Item # 3
1V
Attachment number 1
APPENDIX B Page 57 of 57
C.W.A. Pay Range Tables
2008/2009
Pay Grade B/W Min B/W Max
101 690.87 1061.49
102 725.85 1115.01
103 760.83 1168.43
104 800.18 1226.51
105 843.91 1288.95
106 883.26 1355.85
107 926.99 1418.29
108 975.09 1494.11
109 1023.19 1569.93
110 1075.66 1641.30
111 1128.13 1730.50
112 1184.97 1815.24
113 1246.19 1904.44
114 1303.03 1998.10
115 1372.99 2096.22
116 1442.95 2160.06
Item # 3
v
Meeting Date: 12/1/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Review proposals for the Nagano Exchange High School Student Scholarship (WSO)
SUMMARY:
• The Clearwater Nagano Exchange program has been in existence for 49 years. During this time, 68 students have participated in
this program.
• Prior to 2005, the City of Nagano funded the travel for 4 high school students and one chaperone. In 2005, Nagano requested that
the travel expenses from Tampa to Tokyo be funded on Clearwater's end.
• In 2005, Council established a scholarship program that provided for one half of the travel costs for students who are City
residents. During 2005, this scholarship was funded by Council. From 2006 - 2008, the scholarship was funded through the
Nagano Project Code 0181-99928 and a donation code designated for program contributions. For the past four years, all selected
students have participated in earning the other half of the travel expense by working at city special events and other fundraising
activities.
• Due to increased airfares anticipated for 2009, the Nagano Project code will not be sufficient to provide four scholarships.
• At the November 3 work session, Council directed Cultural Affairs to research and present options for need -based scholarships
to fund this year's program.
• All students will still be required to earn a portion of the travel costs by working designated special events and participating in
fundraising activities.
• The following scholarship criteria is presented for Council review and direction.
Review Approval: 1) Clerk
Cover Memo
Item # 4
? N
2009 learwater a no High School Ex an a Pro Lam
To be selected as a Clearwater Nagano Exchange student, the following criteria must be met:
? Student must be a resident of Clearwater, or attend a school in Clearwater.
Student must have taken or be currently enrolled in a world language class.
? Student must be currently enrolled in Grade 9, 10 or 11.
Student agrees to participate in Exchange events upon return.
• Estimated cost per student for airfare and travel insurance is $2500. This includes cost
of chaperone travel. Student must bear the cost of incidental expenses for souvenirs,
gifts, and personal items that are estimated to cost approximately $500.
• For 2009, City of Clearwater will provide scholarship assistance as follows:
? All selected students will receive an honorarium of $500 for completing 50
hours of service at City designated events.
? Students who are city residents may also qualify for additional financial
assistance based on financial need. Up to four scholarships may be awarded
based on availability of funding. Criteria for the need-based scholarships will
be based on Clearwater area household median income as listed below.
Household Size Gross Median
Household Income 110% Goss Median
Household Income 120% Gross Median
Household Income 130% Gross Median
Household Income
1 Person $39,550 $43,505 S47,460 $51,415
2 Persons 45,200 49,720 54,240 58,760
3 Persons 50,850 55,935 61,020 66,105
4 Persons 56,500 62 150 67,8W 73,450
5 Persons 61,000 67,100 73,200 79,300
6 Persons 65,300 72,050 78 600 85,150
7 Persons 70,100 77,110 84 120 91,130
8 Persons 74,600 82,060 89,520 %,980
2009 Scholarship $2,000 $1,500 $1 000 $S00
Un-dina for FY 08/09:
The cost of this program contains several undetermined variables at this point:
1) The cost of the airfare is typically determined in February/March.
2) The eligibility and/or financial need of the students who will be selected.
If none of the selected students qualify for the city resident need-based assistance, then the
only assistance received from the City would be the work-based honorarium from service
hours to specials events. ($500/ each student = total of $2000)
If all four students qualify for a need-based scholarship, the required funding could vary from
a total of $2000 - $8000 based on the income of the four families.
There is currently $3024 in the Nagano Project fund (181-99928). In order that we may
move forward with our application process, Parks and Recreation has identified funding in
the Cultural Programs Project (181-99890) that could be utilized as seed money for the
scholarship fund if necessary. The intent is that fundraising efforts that are being planned by
the Cultural Affairs Division and the Clearwater Sister Cities organization would replenish
this advance funding for this year's program and for future years.
Meeting Date: 12/1/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve Standard Agreement Form to be used with the various Senior Adult Co-Sponsor Groups and the City of Clearwater and
authorize the City Manager and/or his designee to approve such agreements. (consent)
SUMMARY:
In February, 2002, the City Council approved a similar agreement for all Co-Sponsored Groups including senior adults and youth. Since
then, staff has seen a need to create a separation between the Senior Adult and Youth Co-Sponsor Agreements thus the request for a
new Senior Adult Standardized Form.
The Senior Adult Co-Sponsor Groups provide a valuable service to the community, through their extensive use of volunteers and
volunteer resources. The City owns certain public properties and facilities that are available to be utilized by the Senior Adult Co
Sponsor Groups for their programs.
The proposed agreement clarifies the roles between the City and the Senior Adult Co-Sponsor Groups and provides added protection for
the citizens and Clearwater by placing clear expectations on the Senior Adult Co-Sponsor Groups. Part of the Agreement has a
requirement that the Co-Sponsor Groups will provide manpower to support City events and programs not associated with their
activities, as well as pay a per person cost for anyone not obtaining a resident/non-resident card.
Staff is recommending that the City Manager or his designee be authorized to enter into these agreements similar to all Rental
Agreements, Youth Co-Sponsor Agreements and Park Use Agreements. Currently, the agreement will be with the 3-Score Club. The 3-
Score Club is a group of 60 years plus men that play softball at the E. C. Moore Complex. Last year they provided over 2500 volunteer
hours to City events.
The Lawnbowling Club, Clearwater Horseshoe Club and Clearwater Shuffleboard Club will be covered by separate agreements since
they maintain buildings and facilities for the City and the expectations for those groups is higher.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 5
Attachment number 1
Page 1 of 6
SENIOR ADULT PARTNERSHIP AGREEMENT
This Partnership Agreement is made and entered into between the City of Clearwater,
whose address is: Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL
33758-4748, hereinafter referred to as the City, and
whose address is:
, referred to as the Agency.
WHEREAS, it has been determined to be highly desirable and socially responsible to
provide recreational activities and facilities to meet the needs of senior adult groups; and
WHEREAS, the City desires to provide recreation programs and activities as a means to
help senior adults; and
WHEREAS, the Agency has proposed to provide senior adult recreation for local
residents as described herein; and
WHEREAS, the City owns hereinafter
referred to as the Facility, located at
and Agency wishes to utilize the Facility as provided for herein.
NOW, THEREFORE, the parties agree as follows:
ARTICLE L TERM
1. Term: The term of this agreement shall be for a period of one (1) year commencing on the
day of , 20 ("Effective Date") and continuing through the
day of 20 ("Termination Date ") unless earlier terminated under the terms
of this agreement.
2. Options to Renew: This agreement may be extended by mutual written agreement of the
parties on an annual basis, on the same terms and conditions as are set forth herein.
ARTICLE II. RESPONSIBILITIES OF THE AGENCY
Services to be Provided: One of the Agency's goals shall be to provide programs to
meet the recreational needs of adults.
a) Programs: The Agency will provide for the supervision, funding and
programming ("Program") at the facility described in this agreement. Some of
the programs to be provided are as follows:
i)
ii)
iii)
iv)
Item # 5
Attachment number 1
Page 2 of 6
b) Assistance to the City: Provide Agency personnel and volunteers to service and
oversee the Programs at the Facility.
2. Area to be Served: Services rendered through this agreement shall be provided
primarily for the enjoyment of residents of Clearwater but will include residents of other
areas in order to make the offerings of said program feasible and successful.
Use of
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 Facility may be
established by the Agency, providing they are not in conflict or inconsistent with
the ordinances, policies or operating rules of the City generally and for the Facility
or the terms of this Agreement. Such rules and regulations developed by this
Agency may provide for and allow reasonable club or user fees to be retained by
the Agency.
C) General Adherence to City Ordinances: Notwithstanding any limitations
implied by the provisions above, the Agency promises to observe all City
ordinances and other applicable law.
d) Structure: No permanent alterations or improvements to the facility may be
made without the written consent of the City. Any permanent structural additions
approved by the City will become City property.
4. Payment for all operating expenses: The Agency is responsible to pay all operating
expenses associated with its Programs.
5. Payment of Fees and Taxes: If needed, 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 Facility.
6. Payment of Resident and Non-Resident Fees: The Agency shall require that all
participants of their organization either have a resident or non-resident recreation card, or
provide hours per person of volunteer services to the City of Clearwater and pay
$ per person annually. Rosters of members and/or participants will be kept by the
Agency and the City may verify the rosters for compliance, in its sole discretion.
Item # 5
Attachment number 1
Page 3 of 6
7. Scheduled Reports of Agency Activities: 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 (60) 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 number of volunteer hours worked by the members.
8. 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, on 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. Agency
agrees to maintain reasonable accommodation and access for 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 approved
sub-contracts.
C) 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 immediately.
9. Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to
publicize the support received from the City. Agency further agrees to supply the City up
to three copies of any publication developed in connection with implementation of
programs addressed by this Agreement at no cost to the City. Such publications will state
that the program is supported by the City.
10. 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. Nothing herein shall be construed as a consent by the City to be sued by third
parties, or as a waiver or modification of the provisions of Section 768.28, Florida
Statutes or the Doctrine of Sovereign Immunity.
Item # 5
Attachment number 1
Page 4 of 6
11. Insurance: The Agency agrees that it will indemnify and save the City harmless on
account of the negligent acts of Agency staff, volunteers or agents or on account of any
unsafe condition that may exist as a result of the negligent operation by Agency staff,
volunteers or agents of the facilities. The Agency further agrees to carry liability
insurance where appropriate and as requested by the City and as shown below; and add
the City of Clearwater to its insurance policy as an additional insured.
a) Comprehensive General Liability insurance on an "occurrence" basis in an
amount not less than $1,000,000 combined single limits Bodily Injury Liability
and Property Damage Liability.
b) Business Automobile Liability insurance for any motor vehicle owned by, hired
by, used by, or used on behalf of an Agency in the amount of at least $1,000,000,
providing Bodily Injury Liability and Property Damage Liability.
c) Worker's Compensation Insurance applicable to its employees, if any, for
statutory coverage limits in compliance with Florida laws.
d) Property Insurance, if available, as a tenant or user of City facilities in an amount
not less than $500,000.
e) Certificates of insurance showing coverage as provided above will be provided to
the City by
f) Special insurance requirements if needed by other groups, i.e. Long Center,
Pinellas County School Board, etc.
The address where such certificate(s) of insurance shall be sent or delivered is as follows:
City of Clearwater
Attention: Parks and Recreation
Superintendent of Recreation
P.O. Box 4748
Clearwater, FL 33758-4748
Also, copy to be sent to Risk Manager at same address.
ARTICLE III. RESPONSIBILITIES OF THE CITY
Grant of In-Kind Services:
a) The City agrees to provide ballfield, lawn and landscape maintenance services for
all areas in the park and around the Facility, as applicable and as annual budgets
allow.
b) The City will fund the cost of all utilities including water, sewer, sanitation, storm
water, gas, recycling as well as electrical costs.
Item # 5
Attachment number 1
Page 5 of 6
C) The City will not provide any other additional in-kind services, supplies, labor or
equipment whether on loan or for consumption to the Agency.
2. City Liaison: The Recreation Programming Division of the City of Clearwater will serve
as the City Liaison for the Agency
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement between 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.
ARTICLE V. TERMINATION
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.
2. Without Cause: Either Party may terminate this Agreement immediately without cause.
Upon such termination, the Agency shall remit to the City all monies due hereunder
within fifteen (15) days.
For Municipal Purpose: The City may terminate this Agreement in the event it
determines that the premises are required for any other municipal purposes by giving
thrity (30) days written notice of such intended use, following which this Agreement shall
terminate in every respect, and both parties shall be relieved of any further obligations
hereunder, except that Agency shall be responsible for full payment of all costs and
expenses resulting from the operation hereof, together with any other monies due in
accordance with this Agreement.
ARTICLE VI. NOTICE
Any notice required or permitted to be given by the provisions of this agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand-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 if sent 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.
If to City, addressed to Parks and Recreation Director, P.O Box 4748, Clearwater, FL
33758. With copy to: City Attorney, P.O. Box 4748, Clearwater, FL 33758.
2. If no Agency, addressed to
Item # 5
Attachment number 1
Page 6 of 6
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of , 20
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard William B. Horne, II
Mayor City Manager
Approved as to form:
Laura Lipowski
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Name of Agency
By:
Printed Name:
Chief Executive Officer/President of the Agency
Item # 5
Meeting Date: 12/1/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the applicant's request to vacate the 40-foot street right-of-way of Myrtle Avenue that lies along the West property lines of Lot
1 and Lots 9 through 26 inclusive, Block "J", Belmont Second Addition, (a.k.a. 801 Howard Street), subject to the retention of a
drainage and utility easement over the full width of the street right-of-way to be vacated and approve Ordinance Number 8015-08 on
first reading, (VAC2008-02 Eggers-City of Clearwater),
SUMMARY:
• The applicant is seeking the vacation in order to eliminate the otherwise applicable setback requirement from a street right-of-
way to permit the future construction of a single family home on Lots 1 and 2 of said Block "J", Belmont Second Addition.
• The City of Clearwater has joined in this request to vacate the remainder of this unimproved street from the south property line
of Lot 1 to the northerly right-of-way line of Belleair Road.
• Two improved streets, Scranton Avenue to the east and Myrtle Avenue to the west are located nearby; accordingly no future
need for this street as a roadway is anticipated.
• Verizon, Bright House, Knology and Progress Energy have no objections to the vacation request.
• The City of Clearwater maintains stormwater facilities within the subject street portion but no other utilities are present at this
time.
• The Engineering Department has no objections to the vacation request provided that a drainage and utility easement is retained
over the full width of the street right-of-way to be vacated.
Review Approval: 1) Planning 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 6
Attachment number 1
Page 1 of 2
ORDINANCE NO. 8015-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, THE FORTY-FOOT RIGHT-OF-WAY
OF MYRTLE AVENUE LYING ALONG THE WEST
PROPERTY LINES OF LOTS 1, AND 9 THROUGH 26
INCLUSIVE, BLOCK J, BELMONT SECOND ADDITION,
SUBJECT TO A DRAINAGE AND UTILITY EASEMENT
WHICH IS RETAINED OVER THE FULL WIDTH THEREOF;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Lucille R. and Sammie D. Eggers, owners of real property located in
the City of Clearwater, have requested that the City vacate the right-of-way depicted in
Exhibit A attached hereto; and
WHEREAS, the City Council finds that said right-of-way is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
40-foot right-of-way of Myrtle Avenue lying along the west property lines of Lots 1,
and 9 through 26 inclusive, Block J, Belmont 2" Addition as recorded in Plat Book
6, Page 88 of the Public Records of Pinellas County, Florida
is hereby vacated, closed and released, and the City of Clearwater releases all of
its right, title and interest thereto, except that the City of Clearwater hereby retains
a drainage and utility easement over the described property for the installation and
maintenance of any and all public utilities thereon.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Ordinance Nol.tWM596
Attachment number 1
Page 2 of 2
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance Nol.tWM596
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Meeting Date: 12/1/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Continue Public Hearing and First Reading of Ordinance 7999-08 regarding downtown parking to December 18, 2008.
SUMMARY:
Following the completion of the Cleveland Street Streetscape Project, there has been a greater interest in occupying existing buildings
and tenant spaces on Cleveland Street. However, much of this interest has involved occupying the buildings and tenant spaces with uses
that are different from those previously established. As many of the building/properties in this area have limited off-street parking or no
off-street parking whatsoever, an issue has arisen as to how conversions from office and retail uses to more parking intense uses such as
restaurants can occur. In response to this issue, the Planning Department has proposed an amendment that will add a footnote to the
existing Tables 2-902 and 2-903 within the Community Development Code. The footnote would read as follows:
For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola Avenue and Martin Luther
King, Jr. Avenue that have no existing off-street parking spaces, nor the ability to provide any off-street parking spaces, the use(s) of the
buildings/properties may be changed without the off-street parking that would otherwise be required for the change of use being
provided.
Patrons of these establishments can use the public parking spaces available in various locations and garages that are widely distributed
through out the Downtown area.
The Community Development Board (CDB) reviewed the proposed text amendment at its pubic hearing of September 16, 2008, and the
amendment was recommended for approval without comments.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 7
Attachment number 1
Page 1 of 3
ORDINANCE NO. 7999-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING SECTION 2-902, "FLEXIBLE STANDARD
DEVELOPMENT", "TABLE 2-902", AND SECTION 2-903, "FLEXIBLE
DEVELOPMENT", "TABLE 2-903", TO ADD A FOOTNOTE ALLOWING
A REDUCED PARKING REQUIREMENT FOR CHANGES OF USE
WITHIN THE DOWNTOWN (D) DISTRICT WHERE THERE ARE NO
EXISTING PARKING SPACES OR AVAILABLE LAND FOR THEIR
CONSTRUCTION; CERTIFYING CONSISTENCY WITH THE CITY'S
COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater recognizes that many existing buildings and
properties along Cleveland Street have no existing off-street parking spaces and that it may be
impossible in many circumstances for any off-street parking spaces to be constructed; and
WHEREAS, the revitalization of Downtown Clearwater and specifically Cleveland Street
has been determined to be critical to the City's overall health; and
WHEREAS, the City of Clearwater desires to support and facilitate the establishment of
new businesses within Downtown Clearwater; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as the
Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered
all public testimony and has determined that this amendment is consistent with the City of
Clearwater's Comprehensive Plan; and
WHEREAS, the City Council has fully considered the recommendations of the
Community Development Board and testimony submitted at its public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 2, "Zoning Districts", Division 9, "Downtown District ("D")", Section
2-902, "Table 2-902", of the Community Development Code, be, and the same is hereby
amended to read as follows:
Table 2-902. "D" Flexible Standard Development Standards
Use Max. Height (ft.) Min. Off-Street Parking
Accessory Dwellings n/a n/a
Alcoholic Beverage Sales 30-50 3--5 per 1,000 GFA
Attached Dwellings 30-50 1-1.5 per unit
Convention Center 30-50 5 per 1,000 GFA
Indoor Recreation/Entertainment
Facility 30-50 3--5 per 1,000 GFA
Mixed Use 30-50 Based upon use requirements
-1-
Ordinance Nd.tM9*W
Attachment number 1
Page 2 of 3
Nightclubs 30-50 3--10 per 1,000 GFA
Offices 30-50 1--3 per 1,000 GFA
Overnight Accommodations 30-50 .75--1 per unit
Parking Garages and Lots 50 n/a
Parks and Recreation Facilities
50 1 per 20,000 SF or as determined by the community
development coordinator based on ITE Manual
standards
Places of Worship 30-50 .5--1 per 2 seats
Public Transportation Facilities 10 n/a
Restaurants 30-50 5--15 per 1,000 GFA
Retail Sales and Service 30-50 2-4 per 1,000 GFA
Sidewalk Vendors n/a n/a
Social and Community Centers 30-50 2-4 per 1,000 GFA
Utility/Infrastructure Facilities n/a n/a
(1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola
Avenue and Martin Luther King, Jr. Avenue that have no existing off-street parking spaces, nor the ability
to provide any off-street parking spaces, the use(s) of the buildings/properties may be changed without the
off-street parking that would otherwise be required for the change of use being provided.
Section 2. That Article 2, "Zoning Districts", Division 9, "Downtown District ("D")", Section
2-903, "Table 2-903", of the Community Development Code, be, and the same is hereby
amended to read as follows:
Table 2-903. "D" District Flexible Development Standards
Use Max. Height (ft.) Min. Off-Street Parking
Alcoholic Beverage Sales 30-100 3--5 per 1,000 GFA
Attached Dwellings 30-100 1--1.5 per unit
Comprehensive Infill Redevelopment
Project
n/a Determined by the community development
coordinator based on the specific use and/or ITE
Manual standards
Educational Facilities 30-100 4/1000 GFA
Governmental Uses 30-100 3--5 per 1,000 GFA
Indoor Recreation/Entertainment
Facility 30-100 3--5 per 1,000 GFA
Limited Vehicle Sales and Display 30 2-4 per 1,000 GFA
Marinas and Marina Facilities 30 1 space per 2 slips
Mixed Use 30-100 Based upon use requirements
Nightclubs 30-100 3--10 per 1,000 GFA
Offices 30-100 1--3 per 1,000 GFA
Overnight Accommodations 50-100 .75--1 per unit
Public Facilities 30-100 1--2 per 1,000 GFA
Restaurants 30-100 5--15 per 1,000 GFA
Retail Sales and Service 30-100 2-4 per 1,000 GFA
Social/Public Service Agencies 30-100 3-4 per 1,000 GFA
-2-
Ordinance Nd.tM9*W
Attachment number 1
Page 3 of 3
Telecommunication Towers Refer to Section n/a
3-2001
Veterinary Offices, and or Animal 30 4 per 1,000 GFA
Grooming and Boarding
(1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola
Avenue and Martin Luther King, Jr. Avenue that have no existing off-street parking spaces, nor the ability
to provide any off-street parking spaces, the use(s) of the buildings/properties may be changed without the
off-street parking that would otherwise be required for the change of use being provided.
Section 3. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 4. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 5. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 6. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
-3-
Ordinance Nd.tM9*W
Meeting Date: 12/1/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Continue amended and restated Development Agreement for property located at 100 Coronado, between K and P Clearwater Estate,
LLC (the property owner) and the City of Clearwater (Case No. DVA2008-00001)and adopt Resolution 08-14.
SUMMARY:
• The 2.75 acres is located directly south of Pier 60 between Coronado Drive and South Gulfview Boulevard, north of Second
Street.
• The subject property is currently vacant, but used as a temporary City public parking lot.
• On October 19, 2004, the Community Development Board (CDB) approved a Flexible Development application for the
construction of a 350-unit hotel with associated amenities and 75 attached dwellings as a mixed-use development (FLD2004-
02013).
• The City Council approved a companion Development Agreement on February 17, 2005 (Case No. DVA2004-00001). These
development approvals authorized the following:
• Use of 250 hotel rooms from the Beach by Design density pool;
• Maximum building height of 150 feet;
• Vacation of a portion of the right-of-way for Gulfview Boulevard between Coronado Drive and proposed Second Street;
• Vacation of the First Street right-of-way between Coronado Drive and Gulfview Boulevard;
• Dedication of right-of-way for proposed Second Street between Coronado Avenue and Gulfview Boulevard; and
• Dedication of right-of-way for Coronado Drive between proposed Second Street and Gulfview Boulevard.
• On May 17, 2005, the CDB approved a Flexible Development application amending the prior project to modify the location of
an elevated pedestrian walkway over South Gulfview Boulevard (FLD2004-02013A).
• On March 16, 2006, City Council approved an amendment to this original Development Agreement (DVA2004-00001A), which
dealt with issues associated with Beach Walk construction and the timing of the dedication of land for Relocated 1st Street (to be
known as Second Street once constructed), as well as for the construction of Relocated 1st Street.
• On October 21, 2008, the CDB approved with 13 conditions of approval a Flexible Development application for the construction
of a 450-room overnight accommodation use (250-room hotel and 200-room timeshare) (FLD2008-05013).
• The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and
furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect
for a period not to exceed ten (10) years and includes the following main provisions:
• Updates the provisions of the Development Agreement to current conditions, reflecting changes due to Beach Walk construction
and other surrounding conditions, as well as the current proposed development;
• Provides for the vacation of Parcel J (the area where the pedestrian bridge was previously located on the approved plan, which is
no longer proposed); gUpdates the public parking options to reflect the developer's option to pay in lieu of providing the parking
spaces on-site;
• Updates Exhibit M (Parking Protocol), due to the change in design of the project and responding to Staff concerns regarding
employee parking issues;
• Updates the developer's pro rata share of the Beach Walk construction to indicate what the developer has paid to date and the
remaining obligation to meet the prior commitment;
• The currently approved Development Agreement, along with the associated resort pool units, expires in 2015. This proposed
amended Development Agreement does not extend this date. It does propose to give the developer three years to commence
vertical construction and the opportunity to request a time extension from City Council extending through the 2015 date. The
proposed amended Development Agreement also requires the City to consider (but not necessarily adopt) amendments to the
previously approved vacation ordinances that expire in March 2010 if vertical construction has not commenced
Co er Memo
• The Community Development Board reviewed this Development Agreement application at its public hearing on ?ctober 21,
2008, and unanimously recommended approval of the application (DVA2008-00001). Item # 8
• Following the CDB meeting, there have been changes to the Agreement negotiated by the City Attorney. Specifically, The
Agreement has been changed to require commencement of the Project within three years and several other minor changes related
to timing of commencement and the ability to have Concession on the beach and the related documents and provisions have been
deleted.
Review Approval: 1) Legal 2) Clerk 3) Legal 4) Clerk 5) Assistant City Manager 6) City Manager
Cover Memo
Item # 8
Attachment number 1
Page 1 of 1
RESOLUTION NO. 08-14
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
APPROVING A FIRST AMENDED AND RESTATED
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND K & P CLEARWATER ESTATE, LLC.;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater entered into a Development Agreement with K & P
Clearwater Estate, LLC that was adopted by the City Council on February 17, 2005, by
Resolution No. 05-13, amended by First Amendment to Development Agreement between the
City of Clearwater and K & P Clearwater Estate, LLC, adopted by the City Council on March 16,
2006 by Resolution No. 06-11; and
WHEREAS, the City of Clearwater and K & P Clearwater Estate, LLC are desirous of
amending and restating said Development Agreement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The First Amended and Restated Development Agreement between the City
of Clearwater and K & P Clearwater Estate, LLC, a copy of which is attached as Exhibit "A," is
hereby approved.
Section 2. The City Clerk is directed to record the First Amended and Restated
Development Agreement with the Clerk of the Circuit Court in Pinellas County no later than
fourteen (14) days after it is executed. The applicant shall bear the expense of recording the
document.
Section 3. The City Clerk is directed to submit a recorded copy of the First Amended
and Restated Development Agreement to the State of Florida Department of Community Affairs
no later than fourteen (14) days after it is recorded.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of '2008.
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Resolution Note g
Attachment number 2
Page 1 of 73
FIRST ? STATED
AGREEMENT FDL, -,LOP ENT OF PROPERTY
between
THE CITY C F° EE MATE , FLORIDA
and
I' C LE A` E ESTATE, LLC
Dated as o ®2008
Item # 8
Attachment number 2
Page 2 of 73
Article 1. Definitions
Section 1.01 i , s 2
Section 1.02 U of G,
Section 1,03 Florida S ates
Article Purpose and Description o ?'- reject
Section 2.01 Fir_' --i ofP bl' y and Benefit 6
Section 2.02 1' _ of l -r t
Section 2,03 : o? the Ls, L
Section 2.04 Cooperation of L..,? Parties
Article Regulatory Process
Section 3.01 Land Develaprr_ Regulations 9
Section 3.02 Develop er 1 ils and Pc its
Section 3,03 Conctarrency 10
Article 4 Plar- ; a ` ications
Section 4.01 h •-- -- i)eci-AI - 11
Article 5 Project ( Tel - it
Section 5,01 Ovalle- _1p o Project Site I I
Section 5.02 Project Site 11
Section 5.03 City's Obligations 11
Section 5.04 Obligations of the Developer 12
Article 6 [INTENTIONALLY OMITTED]
Article 7 Construction o the Project
Section 7,01 City Not i Privity 14
Section 7,02 Construction Sequencing 14
Section 7.03 Construction Plan 14
Article [INTENTIONALLY OMITTED]
Article I e res- *° ?® Warranties and Covenants o the Developer
Section 9,01 - .-tations and Warranties 15
Section 9,02 Covenants ICI
Article 10 City Representations, Warranties and Covenants
Section 10.01 Representations arid Warranties 17
Section 10.02 Covenants 17
Item # 8
i i.
Attachment number 2
Page 3 of 73
Article 11 Default; Termination
Article 1 Right to Contest
Section 12.01 Right to Contest 20
Article 1 Arbitration
Section 13.01 Agreement to Arbitrate 0
Section 13.02 Appointment of Arbitrators 21
Section 13.03 General Procedures 2
Section 13.04 Majority Rule 22
Section 13.05 Replacement of Arbitrator 22
Section 13.06 Decision of Arbitrators 2
Section 13.07 Expense of Arbitration 22
Section 13.08 Accelerated Arbitration 23
Section 13.09 Applicable Law 23
Section 13.10 Arbitration Proceedings and Records 3
Article 14 Unavoidable Delay
Section 14.01 Unavoidable Delay 24
Article 15 Restrictions on Use
Section 15,01 Restrictions on Use of Project Site 2
iii Item # 8
Attachment number 2
Page 4 of 73
m1 _
.7 sm
I
.tea ?
2
26
2
26
27
27
2a
G
20
2
2
28
2
2
2
9
29
p 29
30
1v
Item # 8
Attachment number 2
Page 5 of 73
E'',?ITS
Legal Description of Developer's Property A
First Street Dedication - I
Vacations of Rights of Way Ordinances A-
Project Description and Preliminary Project Plans
Hotel Quality Standard
Project Site D
Coordinated Design of South Gulfview
and Beach Walk Improvements E
Declaration of Covenants and Restrictions F-
Covenant Regarding Hurricane Evacuation
Use and Occupancy of resort hotel G
Required Permits and Approvals
Item # 8
Attachment number 2
Page 6 of 73
THIS l IT ENDS AN STA°T D AGREEMENT for Development o property
(together with all exhibits, modifications and amendments, this "Agreement") is made as of this
day of 5 2008, by and between THE CITY OF C L A L R, FLORIDA,
a Florida municipal corporation (the "City"), and K & P Clearwater Estate, LLC, a Florida limited
liability company (hereinafter refereed to as the "Developer").
WITNESSETH:
WHEREAS, the City and Developer entered into a Development Agreement o March , 2005 and
recorded in O.R. boob 14168, Page 2397 regarding the certain property located at generally 100
Coronado rive, 201, 215 and 219 South Clulfvievd Boulevard ("Developer's property");
WHEREAS, the City and Developer subsequently amended the Agreement on March 22, 2006 and
recorded ' Pinellas County Records OR. Book 15023, Page 1494-1500;
WHEREAS, one of the major elements of the City's revitalization effort is a preliminary l for the
revitalization of Clearwater each entitled Leach by Design,
WHEREAS, Beach by Design also calls for the construction of pedestrian-oriented improvements
along the east and west sides of South Gulfvie Boulevard ("South G lfview"), which proposed
improvements are known as Beach Walk;
WHEREAS, the City has adopted Beach by Design pursuant to the Pinellas Planning Council's Rules
in support of the Comprehensive Plan adopted. by the City;
WHEREAS, each by Design proposed a limited number of catalytic resort projects to reposition
and re-establish Clearwater each as a quality, family resort community and farther provides for a
limited pool of additional hotel units ("Destination Resort Density Pool") to be made available for
such projects;
WHEREAS, because increased residential density on barrier islands is a critical concern der
Florida law, Beach by Design limits the use of the Destination Resort Density Pool to overnight
accommodations and limits tenancies to 30 days or less;
WHEREAS, a key criteria for eligibility for the Destination Resort Density Pool is the operation ofa
proposed project as resort hotel operating der a national or interriational "flag" or other comparable
marketing affiliation or progr ;
Item # 8
Attachment number 2
Page 7 of 73
FIE1,3HAS, it is necessary that the City take certain actions in order to make it possible for
De,. ier to a lot) the project contemplated by this Agreement in accordance with the goals and
objec "' yes ( - _ , y Desi n-
I'_EAA, the City has conducted such hearings as are required by and in accordance with Chapter
16-^,- , .'la. Star. (2003 and any other applicable law;
WHEREAS, the City has determined that, as of the Effective Date oft this Agreement, the proposed
project is consistent with the City's Comprehensive Plan and Land Development Regulations,
WHEREAS, the City has conducted public hearings as required by § -206 and 4-606 of the
Community Development Code;
WHEREAS, at a c l , called -,eting on , 2008, the City C approved this
Agreement ane i - - .-d and . _ cted its execution by the a offici -' of the City,
WHEREAS, approval of this AL _ is in the interests of the City in further® ce of the City's
goals of enhancing the viability of e resort community and in furtherance of the objectives of
Beach by Design - and
WHEREAS, D v -_ ' s )ved this Agreement and has duly authorized certain individuals to
execute this Age.- _ o -. L . doper's behalf.
, G. , in consideration of the mutual promises and covenants contained herein, the
parties hereby agree as follows:
ARTICLE 1. DEFMTIONS,
1.01. s. The terms defined in this Article 1 shall have the following e°ngs except as
herein other xressly provided:
1. "Beach by Design" or "Plan" € is the strategic redevel )I _ for Clearwater each
dated 2001, as amended, which was a( .. ,'the City Council pu to the provisions of the
Pinellas County Planning Council's Rini -or the designation of a Community Redevelopment
strict, as amended through the Effective Date.
2. "City" means the City of Clearwater, Florida, a .Florida municipal corporation.
3. "City Council" means the governing body of the City.
4. "Commencement D te" means the date on which the Developer commences or causes a
col. - . ) commence r is )n on the foundation or other structural element of the Project.
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. "Completion Date" ineans the date on which the final certificate of or-1, ncy required for
the Project is issued, which issuance shall not be unreasonably withheld or dc-1
6. "Destination Presort Density Pool" or "Destination Resort Density Pool CT ": _anS the
hotel i it density pool created by the City pursu°t to Article V, section of Beach by Design and
the . ted Motel Units.
7. "Developer" means, K &P Clearwater Estate, LL C, and its successors and assigns (see
Article 16).
8. "Developer's Property" means tho i -c--ies owned by Deve-':-c.n. the Effective Date
of this Agreement, which properties are more i,a. alarly described in Ex's, to this Agreement.
}. "Developer's Pro a ghare" means Developer'spro rata share of the Net Cost of
South Gulfview and Beach a . I ), ements, as calculated in Article .
10. " - .use ent Agreement" means that easement granted to the Developer to allow the
cons! -11L 11, cin, maintenance, repair, replacement and other matters concerning or affecting
th ; Co t ? ea substantially in the form of Exhibit J attached hereto.
11. "Exhibits" means those agreements, _e is, e _ ,, ;pecifi( , , ` st ents,
forms of instruments, and ether documents attaches. _ ri desi a A as exhibits tc . is Agreement,
which are hereby incorporated herein and made a part hereof reverence.
1. "Existing H -l Units" means the two hundred (200) overnight hotel Va * rooms
existing on the Devc''-, 's Property as of the date of approval of the original Dw :rent
Agreement dated March .,, '005.
1. "Expiration Date" means that date ten (10) years f - 1 1, the Effective Date on which
this Agreement automatically expires.
14. "Interval Ownership Uri means a maximum of 200 interval ow-nership/tirrieshare units
as defined in the Community De, _1 .t Code, which will be sold to more than one owner for use
fir a period of time not to exceed ? onsecutive days.
15. "Hotel" means that p---- of the Project, containing the Hotel Units, together with
amenities and common areas loc;' -- the Project Site, but excluding the portion of the Project
which contains the bite al O sus, Us,its.
16. "Hotel Units" means the 250 Destination Resort Density Pool Units.
17. "Land Exchange" means th ' _ _ :y exchange which either occurred or is to occur on
the terms and conditions set forth in Exhibit K hereto.
3 Item # 8
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18. "Meeting Space" means any building floor area within the Project which can be used for
conference or meeting activities.
19. "Net Cost of South Gulfview E_ Beach Walk prov_r .s" Bans the tota' the
South Gul view and each Walk r- 1's, plus any debt sere and less none le
funds from - c. irces other than the City (o ._i r than any fair share or pro rata pa en' c the
owners _` properties which front on South talfview). Remaining payment E _ i- le is
attached heri. wo as Exhibit N.
20. "Pal Court easement" 5 I 'eject to the Easement Agreement constructed
by the Developer and connecting fire l _, jeLi u) ; public Beach Walk.
25. "Public; Parking Spaces" 'near parking spaces or l- _ ent in lieu of to be
provided by Develop in the Project for use d the general public red more fully in
Paragraph 2.03(1) c 7' " ;rce t,
26. "Relocated Coronr tfat proposed live (5)-lane ta, _.., y public right o way
approximately seventy-eight h to be contiguous to anG north to south along
the east boundary of the Pro L-,1 following the Land Ex?, _nge and as shown in the
Project Plans depicted in it 13.
27. "Re__)` South u_-ii _nea-is two (2)®l e, two-way public road
approximately twenty-eight (28) feet in w` a and assoc iL_ed promenade or sidewalk, running north
to south along the west boundary of the Project Site and running ca Lo west along the north
boundary of the Project Site, as situated following the realignment o. S - i _ ulfview as a result of
the South Gulfview and Beach a Improvements.
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28. "Resort Hote_ " L______ the Hotel together the Interval 01 _ Units proposed as
pe c _ e roject.
29. "Resort Motel Units" means both Interval Ownership Units and Hotel Units.
30. "Second Street" means t ha- , -_ _ sr 1 three (3)-lane, o- a -)a appro ' ately
sixty (60) feet in width to be cor. _-,uous tc a_id running cast to west along th undary o the
project Site between C?orone _ juth Gulfview, the location of which ? s o_i Exhibit L
hereto.
31. "Second Street D-Iication" +1 'a aic;°$ ° tee. (,°r to the City o a portion
of the Developer's property " Ppprox.--. ' _ y t °x?-r , " - ?- wh , as more fully described on
Exhibit A-1 hereto and rec----- in 0,R. E 3___ l _ -age 2.3 , puL Records ofPinellas County,
Florida.
32. "South GuL ° ,w and F .n [all_ L iv€ ments" mean (a) the realr t and
°t . tion of South (emu _ ` as a to (2)lane, b 7- jay road approximately twenty-ei l ( __ t
in v th and associated iinw rc . ____ -nt ("Sout__ C View Improvements") and (b) the cons ;:ran of
a promenade, a bicycle/skating 1. a eachfront &strian path ("Beach Wally prove entsB")
shown on Exhibit E hereto and g constructed by the City.
1.03. Florida Statutes. All references herein to Florida Statutes are to Florida Statutes (2003), as
amended from time to time.
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ARTICLE 2. PURPOSE DESCRIPTION OF PROJECT.
2.03. Scope o t Project.
a. Public Parking - Developer shall provide the Public Parking Spaces or
payment in lieu of as park of the project. In addition, the Developer will make parking spaces within
the project available to the public on a space available basis.
b. Private Parking - The Developer shall provide private parking spaces for use
in connection with the project.
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d. Timeshare - The portion of the Resort Hotel where the Interval Ownership
Units shall be located as shown on the Development Plan in Exhibit B. Such area shall include no
are than the 200 Existing Hotel Units and shall not include the 250 Destination Resort Density
Pool.
2. Minimum Quality Standards - In order to assure the high quality resort experience
called for under this Agreement, all Hotel Units, shall be operated by a single hotel operator and all
Interval Ownership Units shall be operated by a single operator, both of which shall meet the
requirements as to operating standards set forth in Exhibit C of this Agreement.
4. Nothing shall preclude the Developer from developing or operating all or portions of
the Project tasirt any ownership format in any combination, provided such format and combination
are permitted under Florida Statutes, including, without limitation, individual ownership, provided
that the requirements as to availability for transient occupancy and as to a single hotel operator set
forth in 2.03 (1) (c) are satisfied.
7. As a condition of the allocation of Destination Resort Density Pool Units pursuant to
the designation of Clearwater Beach as a Community Redevelopment District pursuant to the
Pinellas County Planning Council's Rules, the Developer shall comply with each of the standards
established in Beach by es°a , including:
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a. The Resort Hotel shall provide a full range of on and cuff site amenities for
guests, including at least one fazll service restaurant, room service, valet parking, exercise facilities,
pool, meeting areas and access to beating, fishing and golf off site or comparable amenities. Off site
amenities may be provided through a concierge service.
C. The Resort Hotel shall be of exceptional architectural design and shall be
fitted with high quality finishes and furnishings. The parties agree that the architectural design
depicted on Exhibit meets this requirement.
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ARTICLE 3. REGULATORY
PROCESS,
. Land Development Regulations.
1, a Use esi a io . T Project Site as a land use plan designation of Resort
Facilities Hi and a zoning designation of Tourist.
2. - -ie is to o-_ ,rt - sive la a eve t J-- '? tip s. The
City has ended the Comprehensive < Ian of the City of Clearwater to recognize the Goals and
Objectives set forth in Beach by Design and has designated Clearwater Beach as a Community
Redevelopment District in accordance with Beach by Design, pursuant to Pinellas County Planning
Council Rules,
3.02. Development Approvals a Permits,
2. it-°_C"-°°d° The City shall cooperate with the Developer
obtaining all necessary Permits required for the construction, completion of the Project and its
opening for business. requested by the Developer and authorized bylaw, the City will join in any
application for any Permit, or, alternatively, recommend to and urge any governmental authority that
such Permit or Permits be issued or approved.
3. C,' A -°ity Preserved. The City's duties, obligations, or responsibilities under
any paragraph of this Agreement, specifically including, but not limited to, this Paragraph 3.029 shall
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3.03. Coneurrency.
2. Reservation of C apacit v. The City hereby agrees and acknowledges that, as of the
Effective ate of this Agreement, the project satisfies the concurrencyrequirements of Florida law.
The City agrees to reserve the required capacity to serve the project for the Developer and to
maintain such capacity until three (3) years following the Effective Date. The City recognizes and
acknowledges that the Developer will rely upon such reservation in proceeding with the Project.
3. f _ Public Facilities. addition to the obligations of the City a the
Developer set out in Article of this Agreement, the public Utilities Department o the City will
provide potable water service and sanitary sewer service to the Project.
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ARTICLE ® PLANS AND SPECIFICATIONS.
4,01. Plans and Specifications.
1, , w --'!on of Plans and SLtecific bons. Except as otherwise
expressly provided in this Agreement the Developer shall be solely responsible for and shall pay the
cost ofpreparing, submitting obtaining approval o the Plans and Specifications for the Project.
2. sr- - " -'Ted Professionals. The Developer shall retain qualified professionals to
prepare the Plans and v,)ecifications and shall use reasonable efforts to cause such professionals to
prepare the Plans and Specifications.
ARTICLE 5. PROJECT DEVELOPMENT.
5.01. Ownership o Project ie® The Developer is the owner of the Project Site alter effectuation
of the band Swap and first Street Dedication.
5.02. Project Site. The Project Site consists of the property more particularly described in
Pvh;h;t
5.03. City's Obligations.
Furthermore, the City hereby acknowledges that some conditions set forth in vacation ordinances
shown in Exhibit t4-2 have been met, Regarding commencement date specified in such ordinance,
City agrees to reconsider such date and consider amendment to such ordinance to create
consistency amongst all project-related deadlines.
2. Road rove e ts. Vehicular traffic on Relocated South Gulfview shall be
calmed to control speed on that portion of South Gulfview to the north and west of the Project to a
design speed of 0 miles per hour,
3, Permits. The City will cooperate and coordinate with the Developer with regard to
all permit applications, including those to state agencies, and will facilitate or expedite, to the
greatest extent possible, the permit approval process..
a e Sealing, The City understands that the Developer intends to apply for all
necessary permits and licenses for outdoor caf6 seating in connection with the Project, In that
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connection, the City shall consider Developer's application pursuant to the provisions o the City's
Land Development Regulations.
5. Palm Court Easement. Upon request by Developer, the City shall grant the
Developer the ability to construct certain improvements i a portion o city property west of the
Property and, in that connection, the City shall ant to the Developer an Easement Agreement as
described in Exhibit , which shall be executed and recorded prior to issuance of building permits.
7, Timely Completion. The City and the Developer recognize the importance oft the
timely completion of the proposed Project and oft the completion o Sou Gulfview and each a
Improvements, and time is deemed to be of the essence. The City considers this Agreement as
overall authority for the Developer to proceed to obtain all required e ts, and agrees to implement
a fast-track review, permitting, and inspection program for the project
8. Project o sr cio . The City agrees to reasonably cooperate with the Developer
regarding the staging area necessary for the construction of the project. The City agrees to the
eveloper°s use of City property to the west of the Project Site, east of South ulfview Boulevard,
contingent upon the Developer returning such area to its improved condition within 30 days of
receipt of certificate of occupancy.
5.04. Obligations of the Developer.
1. ev,e t a eratio o t e roject. The prof ect shall be built d operated
in accordance with the requirements set forth in this Agreement. The Resort Hotel which is a
component o the project, shall contain no more than two hundred and fifty (250 Hotel units and no
more than two hundred (200) Interval Ownership Units The Resort Hotel shall conform to the
Minimum Quality Standard as provided for in Exhibit C.
2. e j o si ilitv for -Site Costs. Except as expressly state otherwise in this
Agreement, the Developer shall be responsible for all on-site costs relative to the development of the
Project, including, to the extent Developer is obligated to provide them, the cost of construction,
operation, and maintenance of the Public Parking Spaces.
3. Second Street. conjunction with and conditioned upon the Vacation of First
Street, the Developer shall construct, at Developer's cost, all the necessary improvements for the
Second Street, including pavement, sidewalks and streetscaping. Construction of Second Street shall
be completed on or before the issuance of a final certificate of occupancy for the Project described in
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the Second Amended and lZestate Development Agreement for Property in the City of Clearwater
between the City and Beachwalk Resort, LLC. A representative cross section reflecting such
improvements is attached hereto as Exhibit L.
The Developer shall implement the Parking Protocol described on Exhibit 0, which
shall be applicable to all parking with in the Project.
5e a °° o z of a Cot °t - er l area. The Pal Court casement area shall be
open to the public and operated in accordance with the terms of the (Easement Agreement.
6. Developer's Pro Rata Share. The Developer shall be responsible for its Pro Rata
Share, less only the transportation impact fee credits which may be credited against the Developer's
Pro Rata Share. The Developer's Pro Rata Share shall be determined and paid as follows:
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9. Dedications. Asa condition of the issuance ofa building permit for the Project, but
contingent upon the City effecting the Vacations of Rights-of-Way and the Land Exchange the
Developer shall make the Second Street Dedication, the Coronado Dedication and effect the Land
Exchange.
ARTICLE 6®..__.[. fl:EN IC7NLLY IT'T`El?J
IC a CONSTRUCTION OF I PROJECT.
7.01 City Not in Privity. The City shall not be deemed to be in privity of contract with any
contractor or provider of services with respect to the construction of any part of the Project not
constituting all or any part of public improvements.
7.02 Construction Sequencing. The Developer shall construct the Project in a manner and
fashion which will reasonably minimize the inconvenience experienced by property owners of
Cle ater each and the residents of the City directly resulting from the construction of the Project.
7.03 Construction Plan, The Developer shall submit to the City a construction management plan.
Such l shall provide for the maintenance of or replacement of public improvements impacted by
construction including but not limited to North and South Clulfview, Leach Walk, Coronado, Second
Street and all associated green space, landscaping and streetscaping.
ARTICLE 8. [INTENTIONALLY omiTTED]
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ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE
DEVELOPER.
9.010 Representations and Warranties. The Developer represents and warrants to the City that
each of the following statements is currently true and accurate and agrees the City may rely upon
each oft the following statements:
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5. The Developer has filed or caused to be filed all federal, state, local and foreign tax
returns, if any, which were required to be filed by the Developer and has paid, or caused to be paid,
all taxes shown to be due and payable on such retu s or on any assessments levied against the
Developer,
6. All information and other documentation, including that pertaining to the Project or
the Developer, delivered by the Developer to the City was, to the best of the Developer's knowledge,
on the date of delivery thereof, true and correct.
7. The principal place of business and principal executive offices of the Developer is
Tampa, Florida.
9.02. Covenants. The Developer covenants with the City that until the earlier of the Te iination
ate (hereinafter defined) or the Expiration Date:
1. The Developer shall timely perfo r or cause to be performed all of the obligations
contained herein which are the responsibility of the Developer to perform.
2. During each year that this Agreement and the obligations of the Developer der this
Agreement shall be in effect, the Developer shall cause to be executed and to continue to be in effect
those instruments, documents, certificates, permits, licenses and approvals and shall cause to occur
those events contemplated by this Agreement that are applicable to, and that are the responsibility of,
the Developer.
. The Developer shall assist and cooperate with the City to accomplish the development
of the Project by the Developer in accordance with the Plans and Specifications and. this Agreement,
and will not violate any laws, ordinances, rules, regulations, orders, contracts or agreements that are
or will be applicable thereto,
4. Subsequent to the Effective Date, the Developer shall maintain its n°cial capability
to develop, construct and complete the Project and shall promptly notify the City of any event,
16 Item # 8
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condition, occurrence, or change in its financial condition which adversely affects, or with the
passage oftime is likely to adversely affect, the Developer's financial capability to successfully and
completely develop, construct and complete the project as contemplated hereby.
ARTICLE 10. TTY REPRESENTATIONS, WARRANTIES AND COVENANTS.
10.01. Representations a Warranties. The City represents and warrants to the Developer at
each of the following statements is currently true and accurate and agrees that the Developer may
rely on each of the following statements:
1 e The City is a validly existing body corporate and politic of the State of Florida, has all
requisite corporate power and authority to carry o its business as now conducted and to perform its
obligations hereunder ° under each document or instrument contemplated by this Agreement to
which it is or will be a party.
10. 02. Covea s, The City covenants with the Developer that until the earlier of the Termination
Date or the Expiration ate:
1. The City shall timely perform, or cause to be performed, all of the obligations
contained herein which are the responsibility of the City to perform.
2m During each year that this Agreement and the obligations of the City under this
Agreement shall be in effect, the City shall cause to be executed and to continue to be in effect those
17 Item # 8
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instruments, documents, certificates, permits, licenses and approvals, and shall cause to occur those
events contemplated by this Agreement that are applicable to and are the responsibility of the City.
4. Except for the demolition of existing structures o the Project Site and the removal of
objects from the project Site as contemplated by this Agreement, the City shall not permit, commit,
or suffer any waste or impairment to the project Site, nor shall the City request or recommend any
rezoning of the project Site, or any part thereof, which will prevent or adversely affect the
development of the Project.
ARTICLE 11. DEFAULT; TERMINATION.
11.01. Project Default by the Developer.
1. 'There shall be an "°event of default" by the Developer pertaining to the entire Project if
the Developer shall fail to substantially perform or comply with any material provision of this
Agreement applicable to it within the time prescribed therefor.
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b, Any attempt by the City to pursue any of the above referenced remedies will
not be deemed an exclusive election of remedy or waiver of the City's right top sue any ether
remedy to which either may be entitled.
C. Any time periods or deadlines provided in this Agreement shall be tolled or
extended by the amount of time to cure any event of default hereunder if such event affects the
Developer's or City's ability to perform by such deadline or the expiration of such period.
3. Notwithstanding any provision of this paragraph, a default by the Developer shall not
affect the title of any timeshare unit or common area conveyed by the Developer to unrelated third
party or to a timeshare association which is not controlled by the Developer.
11.02. Default the City.
1. There shall be "event of default" by the City under this Agreement in the event the
City shall fail to substantially perform or comply with any material provision of this Agreement
applicable to it.
. a. If event of default by the City described in 11.02(1) shall occur, the
Developer shall provide written notice thereof to the City, and, after expiration of any applicable
curative period equivalent to that described in Paragraph 11.01(2)(a) above, Developer may
terminate this Agreement, institute an action to compel specific performance of the terms hereof by
the City or pursue any and all legal or equitable remedies to which the Developer is entitled.
b. Any attempt by the Developer top sue any of the above referenced remedies
will not be deemed exclusive election of remedy or waiver of the Developer's right to pursue any
other remedy to which it might be entitled.
C. Any time periods or deadlines provided in this Agreement shall be tolled or
extended by the aniount of time to cure any event of default hereunder if such event affects the
Developer's or City's ability to perform by such deadline or the expiration of such period.
11.04. Non-Action o Failure 1:) - Irv rovisio s - ' A. ire e . The failure of the City or
the Developer to promptly or con wally insist upon strict performance of any term,. coven°t,
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condition or provision of this Agreement, or any exhibit hereto, or any other agreement, instrument
or document o whatever form or nature contemplated hereby shall not be deemed a waiver o any
right or remedy that the City or the Developer may have, and shall not be deemed a waiver of a
subsequent default or nonperformance of such term, coven°t, condition or provision.
11.05. Termination Certificate.
2. The certificate described in subparagraph (1) shall be prepared in a form suitable for
recording and promptly after execution by all of the parties hereto shall be recorded in the public
records of Pinellas County, Florida.
ARTICLE 12. RIGHT CONTEST,
FIC 13. ARBITRATION.
13.01. Agreement to Arbitrate. Only as specifically provided in this Agreement and only if any
judicial or administrative action or proceeding has not been commenced with regard to the s°me
otter and, if so, the party hereto commencing such action has not dismissed it, any disagreement or
dispute between the parties may be arbitrated in the manner set forth in this Article 14. All parties
hereby agree such arbitration, once commenced, shall be the exclusive procedure for resolving such
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disagreement or dispute and agree to be bound by the result of any such arbitration proceed` unless
all parties mutually agree to terminate such proceeding prior to decisions If any arbitration
proceeding under this part adversely affects the performance of any party hereunder, then any time
periods provided herein for such performance by that party shall be tolled during the pendency of the
arbitration proceeding affecting such performance.
13.02m Appointment of Arbitrators.
b. Within ten (10) days after receipt of the notice described in subparagraph (1),
the other party shall by written notice to the original party acknowledge that arbitration has been
invoked as permitted by this Agreement, and shall either accept and approve the appointment of such
individual set forth in the original notice as a sole arbitrator or shall appoint one (1) disinterested
person per party ofrecognized competence in such field as an arbitrator.
2. a. If two (2) arbitrators are appointed pursuant to subparagraphs (a) and (b)
above, the arbitrators thus appointed shall appoint a third disinterested person who is on the list of
qualified arbitrators maintained by the American Arbitration Association, and such three (3)
arbitrators shall as promptly as possible determine such matter.
b. If the second arbitrator shall not have been appointed as provided in
subparagraphs (a) and (b), the first arbitrator shall, after ten (10) days notice to the parties, proceed to
determine such matter.
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13.06. Decision o Arbitrators.
1, If any decision reached by arbitration as provided ` this part requires performance by
the Developer, the Developer covenants and agrees to comply with any decision of the arbitrator(s)
promptly after the date of receipt by the Developer of such decision, and to continue such
performance to completion with due diligence and in good faith.
2.. If any such decision requires performance by the City, the City covenants and agrees
to comply promptly with any decision reached by arbitrators promptly after the date of receipt by the
City of such decision, and to continue such performance to completion with due diligence and in
good faith.
3. Nothing in this part, nor in any arbitration decision rendered under this part, shall be
construed to require any payment by the City to the Developer not otherwise provided for herein
13.07. Expense o Arbitration. The expenses of any arbitration proceeding pursuant to this part
shall be bo e equally by the parties to such proceeding, provided, however, for the purpose of this
Paragraph 13.07, "expenses" shall include the fees and expenses of the arbitrators and the American
titration association with respect to such proceeding, but shall not include atto eys° fees or
expert witness fees, or any costs incurred by attorneys or expert witnesses, unless (and to the extent)
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agreed to by the parties to such proceeding, which in the absence o such Agreement shall be the
responsibility of the party incurring such fees or costs.
13.08. Accelerated Arbitration,
C. If an arbitrator is not so appointed with consent of the parties to the
proceeding wit °n three () days after the notice referred to in subparagraph (2) is received by the
American Arbitration Association, the accelerated proceeding under this Paragraph 13.08 shall
terminate a the procedures otherwise set forth i this Article 13 shall apply, unless the parties
mutually agree to extension of such time period.
2. The Developer and the City hereby agree to use such accelerated procedure only when
reasonably necessary, to not contest the appointment of the arbitrator or his or her decision except
may be permitted by law, and that all other provisions o this part, except as are in conflict with this
Paragraph 14.08, remain in effect and applicable to an accelerated arbitration proceeding.
13.09. Applicable a. To the extent not inconsistent with this article, any arbitration proceeding
under this article shall be governed by the provisions of Chapter 682, Florida Statutes, as ended,
known and referred to as the Florida Arbitration Code.
13.10. Arbitration Proceedings a Records. . y arbitration hearing der this article shall be
considered a meeting subject to Section 286.011, F. ., and shall be open to any member of the
public. Unless otherwise rendered confidential pursuant to or by the operation of any applicable law
or order (other than order by a sale arbitrator or a panel of arbitrators acting under this part), the
record of such proceedings shall be a public record der Chapter 119, F. S
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ARTICLE 14. UNAVOIDABLE DELAY.
14.01. Unavoidable Delay.
Any delay in performance of or inability to perform any obligation der this
Agreement (other than obligation to ay money) due to any event or condition described in
subparagraph (2) as event of "Unavoidable Delay" shall be excused in the manner provided r this
Paragraph 14.01
. The Applicant shall be entitled to an extension oftime for Unavoidable Delay only
for thenumber of days of delay sae solely to the occurrence of the event or condition causing such
Unavoidable Delay and only to the extent that any such occurrence actually delays that party from
proceeding with its rights, duties and obligations under this Agreement affected by such occurrence.
ARTICLE 15. RESTRICTIONS ON USE.
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and approved, a release of the restriction imposed by this paragraph shall not release the Developer
from any obligations or restrictions imposed by this Agree ent or any agreement, instrument or
document contemplated. hereby.
ARTICLE 6. ISM S4
16.01. Assignments.
By the Developer.
e. Notwithstanding any other prevision of° this paragraph, the sale of
individual Interval Ownership t1 its in the ordinary course of business shall not be
subject to the requirements of this paragraph.
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16.02. Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the
City, and its successors and assigns, and the Developer and, as applicable to the parties comprising
Developer, their personal representatives, trustees, heirs, successors and assigns, except as may
otherwise be specifically provided herein.
16.03. Notices.
L All notices, demands, requests for approvals or other communications given by either party to
other shall be in writing, and shall be sent by registered or certified mail, postage prepaid, return
receipt requested or by courier service, or by hand delivery to the office for each party indicated
below and addressed as follows:
To the Develo
2er:
F Clearwater Estate, LLC;
Attn.: Dr. lCran C. Patel
5600 Mariner, Suite 200
Tampa, FL, 33609
with copies to:
FDm Armstrong , Esquire
911 Chestnut Street
Clearwater, FL 33767
To the City:
City of Clearwater
112 S. Osceola Avenue
Clearwater, FL 33756
Attn: City Manager
with copies to:
Pamela in, Esquire
Clearwater City Attorney
112 S. Osceola Avenue, 3rd Floor
Clearwater, ILL 33756
16.04. Applicable Law an Construction. The laws of the State of Florida shall govern the
validity, performance and enforcement of this Agreement. This Agreement has been negotiated by
the City and the Developer and the Agreement, including, without limitation, the exhibits, shall not
be deemed. to have been prepared by the City or the Developer, but by both equally.
Item # 8
26
Attachment number 2
Page 32 of 73
16.05. Venue; Submission to Jurisdiction,
1. For purposes of any suit action, or other proceeding arising out of or relating to this
Agreement, the parties hereto acknowledge, consent to, and agree that venue thereof is Pinellas
County, Florida.
16.07. Complete Agreement; Amendments.
1. This Agreement, and all the terms and provisions contained herein., including, without
limitation, the exhibits hereto, constitute the full and complete agreement between the parties hereto
to the date hereof, and supersedes and controls over any and all prior agreements, understandings,
representations, correspondence and statements, whether written or coral.
2. Any provision of this Agreement shall be read and applied in pari mater°ia with all
other provisions hereof.
Item # 8
27
Attachment number 2
Page 33 of 73
3. This Agreement cannot be changed or revised except by written amendment signed by
all parties hereto.
16.08. Captions. The article and paragraph headings and captions of this Agreement and the table o
contents preceding this Agreement are for convenience and reference only and i no way define,
limit, describe the scope or intent of this Agreement or any p° thereof, or in any way affect this
Agreement or construe any article, paragraph, subparagraph, or provision hereof.
16.09. Holidays. It is hereby agreed and declared that whenever a notice or performance under the
terms of this Agreement is to be made or given on a Saturday or Sunday or on a legal holiday
observed in the City, it shall be postponed. to the next following business day.
16.10. Exhibits. Each exhibit referred to and attached to this Agreement is an essential part of this
Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached
hereto shall be treated as if they are part of this Agreement.
16.11 _ No Brokers. The City and the Developer hereby represent, agree and acknowledge that no
real estate broker or other person is entitled to claim or to be paid a commission as a result of the
execution and delivery of this Agreement, including any of the exhibits.
16.12. Not Agents. During the ter of this Agreement, neither party hereunder is an agent of the
rather party with respect to any and all services to be performed by such rather party (arid any of its
agents, assigns, or successors) with respect to or in connection with the Project.
16.13. Recording o Development Agreement. pursuant to 163.3239, Florida Statutes (2004), the
City shall record this Agreement in the public records of Pinellas County, Florida, within fourteen
(14) days after City Council approval of this Agreement, The Developer shall pay the cost of such
recording. A copy of the recorded development agreement shall be submitted to the state land
planning agency within fourteen (14) days after the agreement is recorded.
1614 Public Purpose. Theparties acknowledge and agree that this Agreement satisfies, fulfills and
is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a
proper exercise of the City's power and authority.
Item # 8
2Sr
Attachment number 2
Page 34 of 73
16,1. Term; Expiration; Certificate.
1. If notearlier terminated, this Agreement shall expire and no longer be of any farce
and effect on the 106th anniversary of the Effective ate (the "Expiration Date").
. Upon completion of the term of this Agreement, all parties hereto shall execute
Agreement Expiration Certificate. The Agreement Expiration Certificate shall constitute (and it shall
be so provided in the certificate) a conclusive determination of satisfactory completion of all
obligations hereunder and the expiration of this Agreement,
3. In the event of any dispute as to whether any party is required to execute the
Agreement Expiration Certificate, the dispute shall be resolved by arbitration as provided in Article
13.
. The Agreement Expiration Certificate shall be in such form as will enable it to be
recorded in the public records of Pinellas County, Florida. Following execution by all of the parties
hereto, the Agreement Expiration Certificate shall promptly be recorded by the Developer in the
public records of Pinellas County, Florida and the Developer shall pay the cost of such recording.
16.19. Approvals o Unreasonably Withheld. The parties hereto represent that it is their
respective intent of the :Effective Date and do covenant and agree in the future that all approvals,
consents, and reviews will be undertaken and completed as expeditiously as possible, in good faith,
and will not be arbitrarily or unreasonably withheld or delayed, less otherwise expressly
authorized by the terms of this Agreement.
Item # 8
2€
Attachment number 2
Page 35 of 73
16,2C, J. As provided by §163.3239, Florida Statutes (2008), this agreement will
ccorne, L __ iVC _ _a acing recorded in the public records in the county and 30 days after having
been rec,,i v,,Ul by wo state land planning agency.
[ i atf - s _ follows]
Item # 8
3
Attachment number 2
Page 36 of 73
I WITNESS WHEREOF, the parties hereto have set their hands and their respective seals
below.
The i Florida o Clear -water, r
By:
Mayor
The foregoing instrument was acknowledged beIc®e rye this day of
2008, by - -- ; -1d __..._ __... , Mayor and City
Clerk, respectively, for the City of C;lea: eater, Floric a, on behalf of the City.
By
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
31
Item # 8
Attachment number 2
Page 37 of 73
Witnesses:
1C. C:LEAR ATE ESTATE, LLC, a Florida
limited liability company
By K P Partners Limited
Partnership, a Florida. limited
Partnership, Manager
State of Florida
County o Pinellas
i
By: & P Holding, .C., a
,r
Florida. limited liability company
General F. i i n,
Byo
ana.gin Member
11114/2008 9:36 A
493 13 ,115456
#463651 Q2 - TRG/Patel Development Agreernent.tinal
Item # 8
32
Attachment number 2
Page 38 of 73
EXHIBIT
DEVELOPER'S PROPERTY
Parcel h
Parcel II.:
Lots 48, 49, 0, 1, 52 and. 98, 'r he Lloyd-White-Skinner Subdivision, according to the map or plat
thereof as recorded in Plat Book 1, Page 1, Public Records of Pinellas County, Florid.a.
Parcel
Lot 55, North. 40 feet of Lot 56, South 0 feet of Lot 101, all of Lot 102, and the North 30 feet of Lot
103, LLOYD-WHITE-SKINNER SUBDIVISION, according to the map or plat thereof as recorded
in Plat Book 13, pages 12 and 13, Public Records of Pinellas County, Florida.
Lots 53, 4, 99, 100 and the Northerly 30 feet of Lot 101, LLOYD-WHITE-SKINNER
SUBDIVISION, according to the map or plat thereof as recorded in Plat oak 13, pages 12 and 13,
Public Records of Pinellas C;o' ty, Florida.
Item # 8
Attachment number 2
Page 39 of 73
Item # 8
Attachment number 2
Page 40 of 73
If. 2006158424 K® 15065 'PG. 2109, 04,/26/2006 at'11:04 , RECORDING 2 PAGES
$10,00 D DOO STAMP OO CTION2 $2500.00 N BURRE, CLERK OF COURT PINELLAS
COUNTY, Y DEPUTY C : O P16
rat ` t Pr#,p by return to:
KWNETH G. AULT® .
TME AAGENCY OF F°LCS A, INC.. ,
14223 Ularto at Rd„ Suite 2 1/
Large. 33771 >\
Parcel
Pile #06-066
(SEAQ
.? v
?a Ii via
Item # 8
°rC 6
5 aT1 OF2 SH
Attachment number 2
Page 41 of 73
PARCEL E
THE SOUTHERLY 20.0 FEET OF LOT 55; TOGETHER WITH LOTS 56 AND 103
LESS THE SOUTHERLY 20.0 FEET THEREOF; TOGETHER W THE SOUTHERLY
30.0 FEET' OF LOT 102® LLOYD-WHITE-SKINNER SUBMISION AS RECORDED IN
PLAT BOOK 13, PACE 12, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
CONTAINS: 12@600 SQUARE FEET (0.2$93 ACRES), MORE OR LESS.
Attachment number 2
Page 42 of 73
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Item # 8
Attachment number 2
Page 44 of 73
10: 200011190 BIB: 16229 : 1974, 04/24/2008 09:42 RECORDING AM, 4 PMES
$35.50 N BURM, CLERK OF COURT e0 , FL BY DEPUTY C CLERK-
CLEDM03
EXHIBIT "A-2"
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Ordinance No. 7 7-a Item # 8
Attachment number 2
Page 45 of 73
PINELLAS COUNTY FL . REC. 16229 1975
A
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Attachment number 2
Page 46 of 73
PINELLAS COUNTY FL OFF. REC. BK 16229 G 1976
CONTAINING 7,11 SQUARE T 0.38 ACRES, MORE OR LESS.
Item # 8
Attachment number 2
Page 47 of 73
PINELLAS COUNTY ' O . 16229 1977
CONTAINING 0.1436ACr-,ES, MORE OF LE
Item # 8
Attachment number 2
Page 48 of 73
1#a 2009111903 E® 16229 ® 1976, 04/24/2008 a ®42 , RECORDING 2 PAGES
$18.50 N BURKE, CLERK OF COURT S COUNTY, FL BY EDEPUTY CLERK:
CLXDM03
VdF '" r r inst.-_10.7371-', . i° , Clearwater vacated the right-of-
way del :?: habit at,,ar' _ K-ret0, SL J,--L' t Lartain conditions; and
e i _ n No. 7371-05 was. n e Ordinance oa 7598-06 0
The following:
( r t . Pa® 7948®08 Item # 8
Attachment number 2
Page 49 of 73
PINELLAS 16229 PG 19°9
FIRST PASSED ON READING A it 3g 2CR
READING PASSED ON SECOND AND FINAL
April 1-7, 20011
V. iR'ibbard
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Approwd as to form:
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Item # 8
Attachment number 2
Page 50 of 73
SHEET I OF 2 a -rTS
CONTAINS. 416 SQUARE (0.0096 AC )® MORE OR LESS.
Fr,__?_
Item # 8
Attachment number 2
Page 51 of 73
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EXHEBIT C
Hotel Quality Standard
Minimum Quality Standards
The purpose of this Exhibit is to cstablisho
1, minimum quality standards for the proposed Resort Hotel;
2. a process for assessing compliance with the minimum quality
standards; and
3, a enforcement mechanism in the event that the Developer shall
fail to comply with the minimum quality standards.
Minimum Quality Standards
The City and the Developer agree that there are two () alternative ways in which the
Developer may satisfy the quality requirements of Beach by Design (the "Minimum Quality
Standards"):
or
Item # 8
Attachment number 2
Page 66 of 73
The City agrees that the Developer would satisfy the upgraded improvements and facilities
requirement by providing twenty-five percent (25%) of the total number of AAA o (4) diamond
quality criteria for: i) exterior; it) public areas; iii) guestroo s; iv) guestroo amenities; and v)
bathroom as described in AAA, Lodging Requirements Diamond Rating Guidelines (the most
current edition as of the date of issuance o the building permit for the Motel).
Alternatively, the City agrees that the Developer may satisfy the upgraded improvements and
facilities requirement by compliance with the following (the "Upgrade Criteria") or, the minimum
standards for four () diamond quality criteria as set forth in AAA, Lodging Requirements &
Diamond Rating Guidelines (the most current edition as of the date of issuance of the building
permit for the Motel):
gy Exterior.
A. Curb Appeal.
i. A combination of exterior elements which create impressive well-
integrated and excellent level of curb appeal.
ii. Excellent variety of landscaping professionally planned and maintained,
iii. pressive architectural features well-integrated into the surrounding area,
a. Furnishings and Decor: Upscale, well-appointed, and in the theme of the property;
high degree of comfort, featuring professionally fitted coverings; abundant variety
of live plants or unique dried floral arrangements.
Item # 8
Attachment number 2
Page 67 of 73
b. Floor Coverings: Excellent quality carpet, wood,, marble, or granite floors with
unique area rugs.
C. I11u ination: Light futures are well-appointed and of an upscale design that
complements the overall theme of the property multi-placement provides overall
excellent illumination.
d. Si age: Design is well-defined in harmony with the theme of the property,
a. Lobby/Registration Area: Spacious registration area; upgraded luggage carts;
recognizable guest-service area and bell stand.
f Miscellaneous: Multiple recessed phones with notepads and penis, located away from
traffic areas, pressing is available at specific times.
g. restaurant and Dining Facilities: Upscale, full-service restaurant; separate lounge or
bar area.
h, Recreational Facilities:
i. Swimming pool area is well-appointed with upscale design elements and an e)-,e
quality and variety of pool furniture and hot tub. Food and beverage is avail, le
poolside at one or more Resort Hotel pools.
j. On-site exercise facility with state of the art equipment; lockers and dressing area
provided.
k. Meeting Rooms, Variety of well-appointed meeting rooms with upscale design
elements. Audiovisual equipment available.
1. Restroo s. Upscale facilities appropriate for the number of meeting rooms.
Additional recreational Facilities: ' variety of additional recreational
facilities is available on site or arrangements are made for off-site services.
n. Sundries and Other Shops: Upscale gift shop-
Ill. Hotel Guestrooms.
a, Free Floor Space: Obvious degree of spaciousness allowing increased ease of
movement for guests.
b. Floor Coverings: Excellent quality carpet, wood, marble, granite or other high-end
stone floors with unique area rugs.
Item # 8
Attachment number 2
Page 68 of 73
I.
a
Item # 8
Attachment number 2
Page 69 of 73
Compliance Assessment
Initial Rating Period
Iaintenanc - ,-- " ?, r C Ali ce ?1 ?° uality Standards
The Developer shai, i ialiaiain compliance with the Mini gum Quality Standards dirou out
the tern of this Agreement,
. In the went that the, initial rating of the Motel equals four (4) diamonds, four (4) stars or the
equivalent with are Other Rating Service or better, maintenP ce of such rating shall constitute
full compliance with the Minimum Quality Standards for the entire Resort Motel,
Item # 8
Attachment number 2
Page 70 of 73
Failure to Comply
In the event that a City Quality Default Notice was based an a failure to maintain compliance
with the Upgrade Requirement, the Developer shall obtain a written opinion from a qualified
hotel/resort industry expert that the Motel continues to meet the Upgrade Requirement every two (2)
years after the default is cured tenth the expiration or termination date of the Agreement.
Item # 8
6
Attachment number 2
Page 71 of 73
Rernediee ,,, , `.vent of Default
Upon the occurrence of an Event of T cfault which is not cured within thirty (30 days,
Developer shall be subject to laity fine equal to Two Thousand .d Five Hundred Dollars
($2,500.00) payable to the -_y • _ .c day that the defaults en _r iLhin the City Quality
Default Notice at issue remain cured.
I the event that an Event o1 .` _ __ rccurs, the accumulated fines shall be a lien against the
i ponent ofthe Developer's t' _)e which may, at the City's sale discretion, be enforced
t o ?gn a foreclosure proceeding.
Item # 8
Attachment number 2
Page 72 of 73
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Item # 8
Attachment number 2
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I I I FOREST LAKES SOULEVAR0
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Attachment number 3
Page 1 of 68
MENTS
Item # 8
EXHIBIT "E"
Attachment number 3
Page 2 of 68
#8
Attachment number 3
Page 3 of 68
Attachment number 3
Page 4 of 68
EXHIBIT F
day o ,
company.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to be
observed and performed, and in further consideration of the allocation of Destination Resort Density
Pool Units to K Clearwater Estate, LLC, and other good and valuable consideration, the
sufficiency of which is hereby acknowledged, to Clearwater Estate, LLC, hereby declares,
covenants and agrees as follows:
Benefit and Enforcement. These covenants and restrictions are made for the benefit of
Clearwater Estate, LLC, and its successors and assigns and shall be enforceable by them and
Item # 8
Attachment number 3
Page 5 of 68
also for the benefit of the residents of the City of Clearwater, Florida, and shall be enforceable on
behalf of the said residents by the City Council of the City of Cle°ater,
2. €'-1 a F .e A I I- a -r.. n n m.9 rent Pro arn. & P
Clearwater Estate, LL,C, )y eT .ae_1 _ms La21 agi..res } "developinen use and operation of the
deal Property in accui i,.:e 1111 U1e }J1 V V 1OiCes1D Vf Li a it j a canon.
.1 Trip Generation lanq erne t 1!p; ' 1 _m. P Clearwater Estate, LLC, shall
prepare a "trip Generation Management Program ?-' ich includes, at a minimum, the program
elements which are set out in Exhibit 2 which is attached hereto and incorporated herein,
2.2 Implementation. P Clea atc F:_ , LLC, shall take all n ,-c j .nd
appropriate steps to implement the approved Trip Ge -ration Management Pro ra, a-nd the
selected management strategies.
3. Effective Date. This Declaration shall become effective immediately upon its
r;c°
4 Governing Law. This Declaration shall be construed in accordance with and governed
by the laws of the State of Florida.
5. I ecordi . This Declaration shall be recorded in the chain of title of the Real property
with the C"leFK. of the Courts of Pinellas County, Florida.
6. Attorneys Fees, In the event the City of Clearwater or K P Clearwater Estate, ILC,
is obligated to institute legal proceedings with respect to this Declaration, the prevailing party shall
be entitled, in addition, to recover reasonable attorneys' fees, paraprofessional fees and costs from
the non-prevailing party.
7. everability. If any provision, or part thereof, of this Declaration or the application of
this Declaration to any person or circumstance will be or is declared to any extent to be invalid or
unenforceable, the remainder of this Declaration, or the application of such provision or portion
thereof to any person or circumstance, shall not be affected thereby, and each and every other
provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law,
2 Item # 8
Attachment number 3
Page 6 of 68
IN WITNESS WHEREOF, I F Clearwater Estate, LLLrC has caused this Declaration of
Covenants and Restrictions to be executed this day of 2008.
Witnesses: c P CL WAf R ESTATE, LL.C, a Florida
limited liability company
Fly: P Partners Limited
Partnership, a Florida limited
Partnership, Manager
Florida
C" Inty of Pinellas
identification.
Y: I i P Holding, L.C., a
Florida limited liability company,
General Partner
By:
By:
Kiran C. Patel
Managing Member
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
3
Item # 8
Attachment number 3
Page 7 of 68
Exhibit Willi
to
Exhibit 'T'
Parcel I°
Parcel II:
Lots 48, 49, 50, 51, 52 and 98, The Lloyd-White-Skinner Subdivision, according to the reap or plat
thereof as recorded in Plat Kook 1, 3, Page 12, Public Records of Pinellas County, Florida.
Parcel III:
Lot 55, North 40 feet of Lot 56, South 20 feet ofL of 101, all of Lot 1029 and the North 30 feet of Lot
103, LLOYD-WHITE- SKIN 'EIS SUBDIVISION, according to the map or plat thereof as recorded
in Plat Book 13, pages 1 and 13, Public Records of Pinellas County, Florida.
Lots 53, 4, 99, 100 and the Northerly 30 feet of Lot 101, LLOYD- HITE-SKI EIS
SUBDIVISION, according to the reap or plat thereof as recorded in Plat Book. 13, pages 12 and 13,
Public Records of Pinellas County, Florida.
TOGETHER WITH THE FOLLOWING PARCELS VACATED BY ORDINANCE 7947-08.
Item # 8
Page 1 of 5
Attachment number 3
Page 8 of 68
ORDINANCE 7947-08
AND
Item # 8
Page 2 of 5
Attachment number 3
Page 9 of 68
ORDINANCE 7947-08
Item # 8
Fags 3 of 5
Attachment number 3
Page 10 of 68
TOGETHER WITH THE FOLLOWING PARCEL VACATE BY ORDINANCE 7948-08:
LESS D EXCEPT THE FOLLOWING 3 PARCELS
ONE:
TWO
PARCEL. D
TFiE EASTERLY 18,0 FEET. OF LOTS 97, 98, 99, 100, AND 101;
TOGETHER- WITH THE EASTERLY 18.0 FEET OF LOT 102 LESS THE SO {ERLY 3000
FEET THEREOF, LLOYD-WHITE-SKINNER SUBDUISION AS RECORDED IN PLAT BOOK
13, PAGE 12, PUBLIC RECORDS OF PIN ° t COUNTY, FLORIDA.
Item # 8
Page 4 of 5
Attachment number 3
Page 11 of 68
____JE:
_ ICL C
T. _ : _. L t LOT L , THE I
Th- ', - OF THE
_ T 'F WAY C- - DRI.1 . Tr ;i. I I
AS I PLAT C -CO PINEU.AS
€ ullf i,' gq ?F qPJDA;
TUG-. -. TILT P jF LOT 1, D DDMSIOt )
I PLa .t .. 1 iuc -. - F
TOG`- _ ..I --,THE - ,_ _, 1 FLJT . L - -- f
OFi -- SAID L 1? ALL O
nor -r J h R
AT TH a " - `RNER OF LOT 93. ` TE-SKIR „
T Y D IT 3 A L
ice,?? r w?, `&pA Lfl 'ERLY OF <..,
TO THE I )T ? 132,32 .
514 T . O A p FEO?
A rgnp[)
THECF
la_ _. I 33,4 _!.
.;. : FA -,- JiE
I 4F L
7; 'n 27,
DI ST) `CE -T IS T V- G®
Item # 8
Page 5 of 5
Attachment number 3
Page 12 of 68
EXHIBIT Trip Generation t ° - ement Program
1. Prior to issuance of a Certificate of Occupancy for the Resort Hotel, the
Developer shall implement a T--- --fation Syste ana ement Pl . I`his
Plan shall establish practices, ®ca __-es and costs/fees for services to reduce
the number o trips to and from the ; . e. Examples of methods, which may be
considered, are:
Item # 8
Attachment number 3
Page 13 of 68
EXHIBIT G
COVENANT REGARDING HURRICANE EVACUATION
and
DEVELOPMENT, USE D OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made
as of the _ day of , 200, by CLE WATER ESTATE, LLC,, a Florida
limited liability company ("Developer").
Developer is the owner of fee simple title to t1-- real property described in Schedule 1
attached hereto and made a pal ' ereof (hereinafter, tI t roperty"). The City of Clearwater,
Florida (the "Cary") _ A it Comprehensive P' -r to designate Clearwater Beach as a
Community I ede, 'ict pursuant to the Pinellas County Planning Council Mules in order
to implement the rc 71 ions or Beach by Design, a plan for the revitalization of Clearwater Beach.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to be
observed and performed, and in further consideration of the allocation of Destination Resort Density
Pool Units to Developer, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, Developer hereby declares, covenants and agrees as follows;
Item # 8
Attachment number 3
Page 14 of 68
Benefit, n' Enforce ent. "these covenants and restrictions are made for the benefit
of Dev _ r.nd its successors and assigns and shall be enforceab° ° by the and
also tor,, benefit of the residents of the City and shall be enforcf behalf of
said residents by the City Council of the City.
2. Covenant of Dees'--- Ure and Operation. Dev(-l-- I-.' -eby covenants and
agrees to the dev ?.. r _ se in operation of the e4'. ls_ . ?rty in accordance with
the provisions of t..:-- L r -,_:)n,
2.1 Use. The use of the resort on the Real Property is restricted as follows:
21.2 All other units shall be licensed as public I", ! ent,
classified as a time share with occupancy lin.iV-,- d - c..` thirty
(30) consecutive days or less. No unit shall be u-__ pritnary or
permanent residence.
2. 11 As used herein, the terms "transient occupancy," "public) lodging
establishment," "hotel," ""time share," and "operator" shall Dave the
meaning given to such terms in Chapter 509, part I, Florida S,
(2004).
3 Effective Date. This Declaration shall become effective upon issuance of all building
permits required to build the project ("Project") and Developer's commencement of
Item # 8
Attachment number 3
Page 15 of 68
construction of the Project, as evidence by a Notice of Commencement for the
Project. This Declaration shall expire and to inate automatically if and when the
allocation of Bonus Units to the Developer expires or is to inated.
4 Governing Law. This Declaration shall be construed in accordance with and
governed by the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of the heal
Property with the Clerk of the Courts of Pinellas County, Florida.
6 Attorneys" Fees. Developer shall reimburse the City for any expenses, including
reasonable attorneys. fees, which are incurred by the City in the event that the City
determines that it is necessary and appropriate to seek judicial enforcement of this
Declaration and the City obtains relief, whether by agreement of the parties or
through order of a court of competent jurisdiction.
IN WITLESS WHEREOF, Developer has caused this [declaration to be executed this
day of 2008
Witnesses: P CLE WATT ESTATE, LLC, a. I,lori a
limited liability company
Fly: K & P Partners Limited
Partnership, a Florida limited
Partnership, Manager
By: K . P Holding, L.,C'., a
Florida limited liability company,
General Partner
Icy:
1,,'-iran C. Patel
Managing Member
3 Item # 8
Attachment number 3
Page 16 of 68
v:
are ofA? t"
My C€ MMis i `T s:
P irate ., typed c
4
Item # 8
Attachment number 3
Page 17 of 68
I 14 , $j
Parcel I.
Parcel 11:
Lets 48, 49, 50, 51, 52 and 98, The Lloyd-White-Skinner Subdivision, according to the map or plat
thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida.
Parcel III:
Lot 55, North 40 feet of Lot 5, South 2 feet of Lot 101, all of Lot 102, and the North 30 feet of Lot
103, LLOYD- RITE-SKI EIS SUBDIVISION, according to the map or plat thereof as recorded
in Plat Book 13, pages 1 and 1, Public Records of Pinellas County, Florida..
Lots 3, 54, 99, 100 and the Northerly 30 feet of Lot 101, LLOYD- WHITE- SKININER
SUBDIVISION, according to the neap or plat thereof as recorded i flat Rook 13, pages 12 and 1 ,
Public Records of Pinellas County, Florida..
TOGE'THER WITH THE FOLLOWING PARCELS VACATED BY ORDINANCE 7947-08:
Item # 8
Fags 1 of 5
Attachment number 3
Page 18 of 68
ORDINANCE 7947-0
A P C fl r EI PA R7. F GULF I 8. sL -. , ,a
DEPICTED C T F C01 t I 1AS l tr/€ Ir°n&- 4 Crt'4 T
THE PLAT IkS E [I L 3 , F TIC
P 8IC EC ? F I E S a , k F I ANG APART
SAID, 1. J APB O E PLAT F LLOYD-
WHIT- - JF _ NI 1C.. - . e 1-1..- - C E PLAT -_ _ ECF, A
IFf" _ _$ .d, 1, , S F1flv? F {F FI m'C
-1 1 L
"
, ,J To,l i ,ALL LYING L°T L-.-kT
V F
% ,7,1 ?.V_ -SHIP 29 SOUTH, RANG -',5 E l-T,PINELL COUNTY
,
_ fl & '7
PARTICULARLY. ;CP
Al
Item # 8
Page 2 of 5
Attachment number 3
Page 19 of 68
ORDINANCE 7947-08
Item # 8
Page 3 of 5
Attachment number 3
Page 20 of 68
TOGETHER WITH THE FOLLOWIN PARCEL VACATED BY ORDINANCE 7948-08
LESS D EXCEPT THE FOLLOWING 3 PARCELS:
ON
TWO
PARCEL D
THE EASTERLY 18.0 FEET OF LOTS 97, 95, 99, 100, AND 101;
TOGETHER WITH THE EASTERLY 18.0 FEET OF LOT 102 LESS THE SOUTHERLY 30.0
FEET' THEREOF, LLOYD--WH SKINNER SUBDINASION AS RECORDED IN PLAT BOOK
13, PACE 12, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
Item # 8
Page 4 o1= 5
Attachment number 3
Page 21 of 68
THREE
-'L
I
T._
F®
i D.u
TO
5.24 J
A !°!
"i A U 1
I L .J3AD „
6 FEU "- TTi , .
_a .D
J.C- =J;
I!-. T E EkSTERLY
- 1.,.T-: X A
Item # 8
Page 5 of 5
Attachment number 3
Page 22 of 68
EXHIBIT H
RE, Q,'_ M PERMITS D APPROVALS
Item # 8
Attachment number 3
Page 23 of 68
EXIT 1T 1
C OVEN T O UNIFIED USE
PLEASE TURN RECORDED
DOC UMENT TO:
E.D. Armstrong ., Esquire
Johnson, Pape, okor, Ruppel Bums, LLP
911 Chestnut Street
Clearwater, Florida 33756
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _day of
2008 by K . Clearwater Estate, LLC,, a Florida limited liability company
("Developer").
WIT `SSETII°
WHE AS, Developer is the owner of the real property legally described on Schedule A
attached hereto and incorporated herein by reference (the "Real Property"); and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that
certain Development Agreement dated _, 2008 (the "Development Agreement"),
pursuant to which the City has agreed that Developer may develop and construct upon the eat
Property a multi-use project as described in the Development Agreement (the "Project"); and
WHEREAS, Developer intern -s to develop and operate the Deal Property for a unified use, as
more particularly described in this 1 1 r-.e ent,
Item # 8
Attachment number 3
Page 24 of 68
k
L lotwithst° ding the foregoing, all Hotel Units may be operated by a single hotel operator and
all Interval Ownership Units may be operated by a single management fir /operator.
I WITNESS WHEREOF, Developer has caused this Agreement to be executed this
clay of ? _- _5 200&
State of Florida
County of Pinellas ?
identification.
By:_
Signature of Notary Public
My C;o fission Expires:
Printed, typed or stamp
2 Item # 8
Attachment number 3
Page 25 of 68
Schedule "A"
to
Exhibit "I"
Parcel ID
Parcel 11:
Lets 8, 49, 50, 51, 52 and 9, The Lloyd- °te-Skir er Subdivision, according to the reap or plat
thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida.,
Parcel III;
Lot 55, North 40 feet of Lot: 56, South 0 feet of Lot 101, all of Lot 102, and the North 30 feet of Lot
103, LLOYD-WHITE-SKINNER SUBDIVISION, according to the map or plat thereof as recorded
in Plat Boo 13, pages 12 and 13, Public Records of Pinellas County, Florida.
Lots 53, 54, 99, 100 and the 'Northerly 30 feet of Lot 101, LLOYD- HITS-SK E
SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 13, pages 12 and 13,
Public Records of Pinellas County, Florida,
TOGETHER WITH THE FOLLOWING PARCELS VACATED BY ORDINANCE 7947-08:
Item # 8
?age 1 of 5
Attachment number 3
Page 26 of 68
D
Item # 8
Page 2 of 5
Attachment number 3
Page 27 of 68
ORDINANCE 7947-8
Item # 8
Page 3 of 5
Attachment number 3
Page 28 of 68
TOGETHER WITH THE FOLLOWING PARCEL VACATED BY ORDINANCE 7948-08:
LESS D EXCEPT" THE FOLLOWING 3 PARCELS:
QNd
TWO:
PARCEL D
THE EASTERLY 18.0 FEEI°. OF LOTS 97, 98, 99, 100, AND 101;
TOGETHER WITH THE EASTERLY 1800 FEET OF LOT 102 LESS THE SOUTHERLY 30.0
FEET THEREOF, LLOYD-WHrFE-SKINK SUBDMSION AS RECORDED IN PLAT E300K
13, PAGE 12, PUBLIC RECORDS OF PINELLAS COU , FLORIDA.
Item # 8
Fag. 4 of 5
Attachment number 3
Page 29 of 68
THREE:
Item # 8
Page 5 of 5
Attachment number 3
Page 30 of 68
EXHIBIT I
EASEMENT AGREEMENT
GRANT OF EASEMENT
This Grant of Easement is made this day of 2008, by THE CITY OF
CLE WATER FLORIDA, a Florida municipal corporation, its successors and assigns ("Grantor")
in fever of R P CLE WATER ESTATE, LL C, a Florida limited liability company, its
successors, assigns and affiliates and their respective invitees and licensees (collectively,
"Grantee").
14V-YVAR
Item # 8
Attachment number 3
Page 31 of 68
,_ "T EASEMENT
1. A f The foregoing Recitals are hereby acknowledged as being true
and correct, and i ie same are beret r adopted and made a part of this Grant of Easement.
3. G(- „ -. This Grant of Easement shall be binding upon both Grantor and Grantee, as
well as all of their successors and assigns, and shall constitute covenants appurtenant to and running
with the land described herein, and shall inure to the benefit and be binding upon the hairs,
successors, assigns, tenants, agents, employees, guests and invitees of Grantee, and their successors
and assigns.
4, Maintenance. Grantee shall be responsible for the construction and maintenance of
the Access Improvements located on the Easement property in a state of good condition and repair.
Grantee shall perforni all construction and maintenance in accordance with all applicable laws, cedes
and ordinances.
5. Notices. All notices, requests, demands and other communications which are
required or may be given under this Grant of Easement shall be in writing and shall be deemed to
have been given: (a) when received, if personally delivered; (b) the day after being sent, if sent for
next-day delivery to a domestic address by recognized ove ight delivery service (e.g., Federal
Express); or (c) five days after being sent, if sent by certified or registered mail.
2 Item # 8
Attachment number 3
Page 32 of 68
7. - Effect. This Grant of Easement, and all the terms, conditions, covenants,
representations and __rr ties hereunder, shall be binding upon, and inure to the benefit of, the
parties, their respective personal representatives, heirs, successors and permitted assigns.
9. Cons' -r, Venue The formation, interpretation and performance of this
Chant of Easement shall be construed pursuant to and governed by the laws of the State of Florida.
The parties hereto hereby agree that the venue of any action, proceeding, claim, counterclaim, cross
claim, or other litigation arising out of this Grant of Easement shall be in Pinellas County, Florida,
10. Headings. The headings of the various sections in this Grant ofEasement are inserted
for the convenience o the parties and shall not affect the meaning, construction or interpretation of
this Grant of Easement.
11. rt -- , -- ?. The masculine pronoun, wherever used herein, shall mean or include the
feminine or neuteg pronoun wherever applicable. and whenever words are used herein in the singular
or plural form, they shall be construed as though they were also used in the other form in all rases
where such should apply.
12, Severe v '. if any clause or provision herein contained operates or would operate to
invalidate this Grant c "'E _ ncrnent in whole or in part, then such clause or provision shall only be
deemed severed and not a part hereof, as though not contained herein, and the remainder of this
Chant of Easement shall remain operative and. in full force and effect.
3 Item # 8
Attachment number 3
Page 33 of 68
WITNESS WHEREOF, the undersigned has executed this Grant ofEasement this
day of'__, 2008.
GRANTOR:
Countersigned:
Fra V.I-Iibbard
Mayor
Approved as to fo
Fa eta is . Pi-Kin
City Attorney
STATE OF FLORIDA
?
COUNTY OF p LLAS ?
CITY CAE L.E WATE , FLORIDA
By:
William B. Horne II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
The foregoing instrument was acknowledged before e this day of 2008. by William E. Home II, as City Manager of the CITE" OF LEAD W TER, FLORIDA, Florida municipal corporation, on behalf of the corporation. He is personally known to me] or
produced m.m............ as i entiflcati.on].
Notary Public - - Signature
Print Name:
My Corr ission empires:
Item # 8
Attachment number 3
Page 34 of 68
GRANTEE:
_ K P C;LI TER ]ESI ATE, LLC°, a Florida
limited liability company
By: K & P Partners Limited
Partnership, a Florida limited
Partnership, Manager
y: K. . P Holding, L.C, a
Florida limited liability company,
General Partner
...... _._........ ._..... _.._ y -_ ---
Kiran C. Patel
Managing Member
STATE Of FLORIDA
COUNTY OF PINELLAS
Notary Public - Signature
Print Name-
My Commission Expires:
#437623 eel - grant of Easement
Item # 8
Attachment number 3
Page 35 of 68
EXHIBrr s
L! DE
DN F
i_ iC,
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Item # 8
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Attachment number 3
Page 37 of 68
Item # 8
Attachment number 3
Page 38 of 68
1 ,C-' I:
Parcel II:
Lets 48, 49, 50, 1, 52 and 98, The Lloyd- ite-Skinrier Subdivision., ac;cor irig to the map or plat
thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida.
Parcel III:
Lot 5, North 40 feet of Lot 56, " 1 ----.feet of Lot 101, all of Lot 102, and the North 30 feet of Lot
103, LLOYD- "I E- KI J IVISION, according to the reap or plat thereof as recorded
in Plat Book 13,1 es 1 and 13, , ublic Records of Pinellas County, Florida..
Lots 53, 54, 99, 100 and the Northerly 30 feet of Lot 101, LLOYD-WHITE-SKINNER
SUBDIVISION, according to the map or plat thereof as recorded in flat Book 13, pages 12 and 13,
Public Records of Pinellas County, Florida,
TOGETHER WITH THE FOLLOWING PARCELS VACATED BY ORDINANCE 7947-a08:
Item # 8
Page 1 of 5
Attachment number 3
Page 39 of 68
E
n
a
-OF
D
Item # 8
Page 2 of 5
Attachment number 3
Page 40 of 68
ORDINANCE 7947-Q
Item # 8
Page 3 of 5
Attachment number 3
Page 41 of 68
TOGETHER. WITH TIDE FOLLOWING PARCEL VACATED BYORDINANCE 7948-08
LESS AND EXCEPT THE FOLLOWING 3 PARCELS:
NE:
The southerly 20.0 feet of Lot 55, TOGETHER WITH Lots 56 and 103
LESS The southerly 20.0 feat thereof; TOGETHER WITH the southerly
30.0 feet of Lot 102, LLOYD-WHITE-SKINNER SUBDIVISION, its
recorded in Plat Book 13, page 12, Public, Records of Pinellas
County, Florida.
TWO:
PARCEL D
THE EASTERLY 15.0 FEET, OF LOTS 97, 98, 99, 100, AND 101;
TOC {ER WH-H THE EASTERLY 15.0 FEET OF LOT 102 LESS THE SOUTHERLY 30.0
FEET THEREOF, LLOYD-WHITE-SKINNER SUBDMSION AS RECORDED IN PLAT BOOK
13, PAGE 12, PUBLIC RECORDS OF PINELLAS COM'Y, FLORIDA.
Item # 8
Page 4 of 5
Attachment number 3
Page 42 of 68
THREE
1. _T OF THE
OF PINELLAS
,O€zDED
a?
r UAV
Or U SAID LOT 1,
r__ d-. --.-EAST CORNER F LOT S_ -.D-WHITE-SKINNER
ALi G THE SO IF°`' m LOT 93 A ® .
8 ;..,u F6ET, 'E _Y
TO THE EAM7 14_® E
5.24 FEE7
A C Whpr - °
N°_1 _
I Hr _:T, A C
-nn-E
t _ f OF SAI_ _ 3A
A LIME 1 ' .
DISU a. I 1, i FELT TO THE P:
FEET.
J0 0 HE
7ERLY
A
Item # 8
Rage 5 of 5
Attachment number 3
Page 43 of 68
EXHIBIT K
LAND EXCHANGE AGREEMENT
?,
CONTRACT F1'11 - Ir,y ,' -' 17 , & PROPERTY
THIS AMENDED AND RESTATED CONTRACT FOR EXCHANGE OF REAL,
PROPERTY is made on 2008, by and between the CITY O
CLE WATER, FLORIDA, a Florida municipal corporation ("City'") and c P C"L E AT'E
ESTATE, L,L:C, a Florida limited liability company, its successors and assigns ("Owner").
C Sa
A. City and Owner entered into that certain Contract for Exchange of Real Property,
dated March 3, 2005, pertaining to the exchange of real property located in Pinellas County, Florida,
(the "Contract").
B. The Contract is an exhibit to the Development Agreement between the parties,
recorded in OR. Book. 14168, Page 2397, as amended by First Amendment to Development
Agreement recorded in OR, Book 15023, Page 1494, all in the public records of Pinellas County,
Florida (collectively, "Development Agreement").
C. The site plan approved in conjunction with the Development Agreement is being
revised including removal of the proposed pedestrian bridge, which revision necessitates the vacation
and conveyance of the right-of-way under the fo er pedestrian bridge location..
D, Title records have revealed that portions of previously vacated rights-of-way reverted
in title to the City which necessitates the conveyance of those rights-of-way to Owner.
R Accordingly, the parties wish. to amend and restate the Contract for the purpose of
clarifying the descriptions of the land to be exchanged.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Contract
is hereby amended and restated to read:
Item # 8
Attachment number 3
Page 44 of 68
rJ
3. Legal Descriptions. Leal descriptions of the properties being exchanged
between the parties are as follows:
a. City Parcels (to be conveyed to Owner) - See Exhibit "AB
attached.
b, Owner Parcels (to be conveyed to City) - See Exhibit " "
attached.
4. Purchase rice. It is mutually agreed that the transfer of the City Parcels by
the City to the Owner and the transfer oft the Owner Parcels by the Owner to the City shall constitute
the full and sufficient consideration for the exchange oft the parcels.
ate. he real property exchange transaction described in this Contract shall
Closing D
be closed and the deeds and other closing papers delivered following the effective date of the
vacating ordinance for Parcel J and within ten (10) days following the issuance of the first building
permit for the Project as defined in the Development Agreement,
2 Item # 8
Attachment number 3
Page 45 of 68
8. Permitted Exceptions. The parcels shall be conveyed to each Purchaser subject
to no liens, charges, encumbrances, restrictions, exceptions, or reservations of any kind or character
other than the following permitted exceptions:
as Zoning ordinances and land use regulations;
bo Any easements, restrictions, or other matters that appear in the commitment
and/or survey (excluding standard. exceptions) which are not objectionable exceptions;
C. Any adverse ownership claim by the State of p`lorida by right of sovereignty to
any portion of the lands insured hereunder, including submerged, filled and artificially exposed
lands, and lands accreted to such lands;
d. Any agreements between the parties that are part of this Contract; and
e. Any standard exceptions not previously mentioned which are not capable of
deletion.
9. rve. The City parcels are included in the boundary survey prepared by Suncoast
Land Surveying, dated 5/2/08, project No, 8021. The Owners Parcels are depicted in the sketch and
legal descriptions included in Exhibit "B" attached to this Contract. 'The costs of the survey and any
additional surveying work shall be borne by the Owner as to both the City Parcels and the Owner
Parcels.
10. t oqp__ , -R i Possession. The real property exchange closings described in this
Agreement shall be simultaneous, and as of the date of such closing, each transferee shall be in
possession of that parcel transferred to said transferee.
11 e rote axes, To the extent any property taxes are assessed, all property taxes
shall be prorated at closing to reflect ownership of the respective parcels as of the closing date.
Item # 8
Attachment number 3
Page 46 of 68
1. ISI t T
connection with the closing,
a.. col cc of the
. The premium and all search fees payable for the owner's policies of title
insurance for both parties;
C. Recording fees in connection with those instruments necessary to render title
acceptable to the purchaser; and
. Owner's costs of document preparation and its attorneys' fees.
The City shall pay its costs of document preparation and its atto eys" .fees.
14. Risk of Loss. The risk of lass or damage to the parcel to be conveyed by fire or
otherwise, until delivery of deed, is assumed by the Seller. The Seller further agrees to maintain the
parcel to be conveyed and to deliver said parcel to the Purchaser in the saute condition as when the
Contract was executed, ordinary wear and tear excepted.
15. ssi a ili . This Contract ay be assigned in the same manner as allowed in the
Development Agreement.
16. Brokers. Each party affirmatively represents to the other party that no brokers
have been involved in this transaction and that no broker is entitled to payment of a real estate
commission because of this transaction.
As to Owner: P Clearwater Estate
Attn: r. ran C. Patel
5600 Mariner, Suite 200
Tampa, Florida 33609
. Item # 8
Attachment number 3
Page 47 of 68
With a copy to; . D. Armstrong f1l, pstg.
Johnson, pope, okor, Ruppel Bums, LL P
911 Chestnut Street
Clearwater, FL, 33756
As to City Willie , erne fl
City Manager
City of Clearwater
post Office ox 4748
Clearwater, FL, 33758-4748
With a copy to Pamela K. Akin
City Attorney
past Office Box 4748
Clearwater, FL 33758-4748
Any party may change the address to which its notices are sent by giving the ether party
written notice of any such change in the manner provided in this paragraph, but notice ofchange of
address is effective only upon receipt.
19. w. This Contract is construed in accordance with the laws of the State
of Florida.
20. s. Descriptive headings are for convenience only and shall not control or
affect the meaning or construction of any provision of this Contract.
21. L - Effect. This Contract shall be binding upon and shall inure to the benefit of
the parties hereto and their heirs, personal representatives and successors by law.
Item # 8
Attachment number 3
Page 48 of 68
24. Other r ? ts. No prior or i _e .greements or representatiQ __s shall be
binding upon either party unless included in this Cor 1 ct or in the Development J -g ae to No
edification or change in this contract shall be valid or binding upon the parties unle_ ; in writing
and executed by the party or parties to be bound thereby.
25. No P ?. Nothing in this contract shall be co___ :o constitute the
creation of a partnershil r jc' 1ween the parties.
260 This Contract may be executed in several counterparts, each
constituting a U-ui l` ; ';seal, but all such counterparts constituting one and the same agreement.
TAT WITNESS HEREOF, the parties hereto have executed this Amended and Restated
Contract for Exchange of Real property as of the day and year first above written; provided,
however, that for the purpose of dete inin "the date hereof," as used in this Contract, such date
shall be the last date any of the parties hereto executes.this Contract.
Countersigned
Frank Hibbard
Mayor-Cornmissioner
Approved as to form:
Pamela K. Akin
City Attorney
CITY:
CI'TE'" OF CL,E 1A'TEl2, a
Florida municipal corporation
y:
William B. Home, LC
City Manager
Date:
Attests
Cynthia E. Cloudeau
City Clerl(
6 Item # 8
Attachment number 3
Page 49 of 68
Witnesses: OWNER'
K i p C°LE WAT E ESTATE, LLC,
a Florida limited liability company
y: I p partners Limited
Partnership, a Florida limited
Partnership, Manager
print name
10/10/08 04:35 PM 0-1
40313.115456
#450634 v1
Item # 8
Attachment number 3
Page 50 of 68
"A"
CITY PARCELS
I _-)n of Parcel G
I el H
Portion - -'- -:c. J
Tercel
Item # 8
Attachment number 3
Page 51 of 68
Portion of Pare- , 4- , I
That portion of the ,,,s,,rd` parcel lying northerly of the extension of the
southerly lot line of Lot 1, Block "A," Columbia Subdivi+ - t, --rd° t0 the plat
thereof recorded Plat Book 23, Page 60, Public Records of _ qua Cu ty, Florida:
P. _
A F C `L OF LAND BEING A PART OF Gt ILF '
.1N, ACCORDIN G TO THE PLAT T1 ;
_.u _ Cr' PINLIic` COUNTY, FLORIDA, ;
Tt - u " OF LLOYD- °TE --SKINNER SIJ 1
BOOK 1, PAGES 12 _ 1, OF THE P_
1/ OF SECTION 7, T_ _AIP 29 SOUTH,
PAR71CULARLY DESC I' _ '_ BELOW;
M MOULEVARD, A DEP'`'T" CL' VE PLAT G7
RECORDED IN 1 _3, PAGE 60
' A PA7 r7 SAID t F m ®_
X _ TO THE :OF, A -
:L= LS CO N . F ® R IDA, ALL `
L POUN°i :'. FLORIDA, BEING
BEGIN L3 AT THE NORTHWEST CORN 7T 44, OF
'U.
_ "TED ON
I FLAT
Lt THE EAST
..;F
_R SUBDIVISIO : THENCE
Item # 8
Exhibit "A" Tugs 1 of 5
Attachment number 3
Page 52 of 68
Patddl
m®L .'3
L OF LAND 1 'r A PART o r-U v r- R-m y 1"w- A ---'7 -- _.1 Ti
? OF
r a -,L TO H PLAC
- v s PLAT ..
27 P OF
".-
FL
S
` T 1/2 C . 7, 1SHIP 2 SC° 1, PAGE 15
B ' FOLLC _J ._uUTH, RANUE a -T, MIN LLAS COUNTY, - _ORIDA,
CL
PL .F L' , OF LLOYF--'-.
< 1_; PAGE 12 AND 13. OF Std -
ACe
JR1
to in
TO THE
COI j T.I NO T`q _
FE T,
DI,
6E _ ro , .. N
Or 0 v ! '
OF ' .
GL ,F" a
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_6 i P. 'lluS A . ,
COL
' T, ND A C V> _'1 0O TI :- 6
N90'0 '
A CUf
d : OF 29.C
T HA1JlNG ? T TJ A . 1 dT OF N, -TANGENT -Y ALONG
, ,
AND A .. _
IF N
E
" 112.a?J FEET, AN ARC OF I
'
" --:-T, A . _7 FEET
OL-`
`. .
3 L° THENCE S-89' 54
E_ A D
00 „T n-
w .STERLY ALONG A !RVE TO THE RIGHT 4 !S F 40
00
1 55.47 ET , _??,? ??aRlG .
€0 A POINT OF
i r SOUTH Y OF _ JLF VI DOULE\`
CHORD OF 11.8' FE d t 2
A
_T TO
IT f%c -WAY 0? L A }
°B
OF p _
-
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A -
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RF1e. SAID SOUT' _
A RADIUS OF 3, r. J -7 -OF-
AN A = OF
3.,j 1 ,f,
1
22.54 ®.` ,
AND A CHI .7C--7B47"M TO THE PO,,.T O: BEGINNING,
Item # 8
Exhibit ` A", Page o 5
Attachment number 3
Page 53 of 68
Portion of Parcel J t0 be -,-- ,
That portion of the follow' ig ----ol lying northerly the westerly extension of the
sou erly lot line of Lot 1$ Bloc' "A," Columbia Subdivision, accord` to the plat
thereof recorded in Plat Book 23,1 'e 60, Public Records o Pinellas County, Florida:
COWAiNS: 416 SQUARE FE'Er (0.0096 ACRES), MORE OR LESS.
Exhibit '.'A" Page 3 o
item
Attachment number 3
Page 54 of 68
areLt-, -fi Of DESCRXPTI
m
',,-T t U,' 2 SHEETS
LEGEND
PLC L LAND
L6 U .
P? € Pt ?
D 9 iwN
POs I OF
CONTAIN : 208 SQUARE FEET (0,0048 ACRES), MORE OR LESS.
NOTES-
1. NO IN UUE7 FS Ar LECTI L i, IGHT OF WAY AND/OR
OWNERSHIP WERE FU iU Tt S -1 t€ EPT E 3 SHOWN.
2. THIS SKETCH DOES ? NN NIP.
3° USE OF THIS ' 1 iSE PREPARED FOR WILL DE THE
RE-USERS SOLE P IT Ira IHE SURVEYOR.
4. THE SKETCH I T " E BENEFff OF A CURF IT ' LE C
AND IS SUBJECT TO E? EdS-ue-WAY AND SIMIU° d" 7-1 OF _c.
5. MERIDIAN BASED OF T h 1 IUNDARY OF LO`C 44 AS BE rC 'OO E
cd
s r_
"°' :,.
it2 F -T I
OLDSMAm. FLA-
9MNDW C-8
PH (813) 854-1342
is
U am
Item # SYi
8PA8t 'Omura A --r r
Attachment number 3
Page 55 of 68
= 40'
20' 40'
GULF VIEW BOULEVARD
R OF AY (P)
( m69 P a
R
( "918pad"°
Ym°MS
C2
ell Jt v B J?
t w of i 1 N 9 8
/ 1
, p C¢ 0
per O.R Book 757 Page 40
Pl.ftd Fli
ht
f W
Li
g
o
ay
n
Ltd LOT 1 BLOC A'
1h
WEST _ COLUMMA SUBOMSiON Plant Hook 23 Page 60 •(p)
( ( ( (
p I 6E LLO
Wi Lot 93
? !f
n - JKINN S DMS90
-
LIJ ( ( ; PLA r BOOK 1 PAGE 12- 13 ( 1 1 t&'(p
I t4 ( [ t?,
I -? )
0 4
1 .
( (
(
_
_
° ?
Sit
(
(
(
(
(
(
( ?
( Aog
[Li LOT 44
LOT 45 1 Lar 4a
LOT 47 9 LOT 90 ( LOr 91 ( LOr 92 ( 6f 93
(
( ( ( ( ( ((
( (
--j
( J1 Cc
I
6®° RIGHT
OF WAY (p)
(
11
NE _T I if DISTANCE
e
1
L
3 82'
3 1 El°
W. ? J d.76'
1 -- moo:. -- -
i
?$ 0 4s r ai L
C4 252410m1s _ X216' _ 6
C5 _ T. &43239mm 44.39` o? tV
Item # 8
7+ Tr a hi 9 "All P.,,. S -F v
Attachment number 3
Page 56 of 68
Parcel C
Parcel D
Item # 8
T?_ f-C P
SH i OF 2 SHEETS
Parcel C
PARCEL C
THE LY 16 FEET OF LOT 93; T aEMF{ THE WESTERLY 1.66 T F THE
0_ 3: ®566 SQUARE (0.059 ACRE", I LESS.
NOT
1 ° NO INSTRUMENTS OF RECORD NG F RIW OF WAY AND/OR
OWNERSHIP WERE FURN TO THIS ! Y
LEGEND 2. THIS SKETCH DOES NOT OlEff OR _rn r.
PLS
prx s° r St 3. USE OF 1191S S I a Yi ° ff F EPAR FOR WILL BE THE
U(_ i _ RE-USERS SOLE F d` I r fr a Y
fl `# 4. THE SKEPCH WAS PH U ED WffHOUl` THE w r IF A CURRENT T@TIE COMMITMENT
AND @5 SUBJECT TQ EASE MS, R16
HTS -OF- SIMILAR MATTERS OF 'OF
ITTIL
P P S. MERIDIAN ED ON THE NORTH BOUNDARY OF LOT 44 A BEARING N90'00'00°E (P).
SAM- ° 4)
L III F B AF S
FLA. II ( 34677
W? -
MR v
r rf (813) &A-1° 4z r a
E
^-r -y
F, 0A
?i a am ULOM
Attachment number 3
Page 57 of 68
Item # 8
:ETCH
HEE OF 2 SHEUS
5 _ 50'
0" 25'
GLJLFVIEW BOULEVARD
5,VGO"°[
?- 79.39'
Wff OF 6 (I,)
/ YAWED POt OR BOOK 1417 F kGE 25M
9NISINW0011W 14.5% .71 °
- LOf I B K A°
COLUMBIA SUBDIVISION 7 BOOK 23 S I L2
! j j j ! 1 1 6 DI l
LOT j 44 j LOT 45 j LOT 46 t 47 j Lar 90 ? 91 , LOT 92 j La 93 i "
a ? .
? TrIF LLOr°A-YrHrr-sselrvkR SUISIvIsI N
j j NkT BOOK 13 PAGE IF-13 j 1 ° x
?d
t ( j d f 1 4 d
g L3 r
V.
j
60' RIG'IT OR WAY (P) WATIM PM Op K 75023 PPLE j- -.? 1518
1
I
1
t
j ?
?..
LCR E
' ,sc 77'1
° E
lJD _? _ _
E U
ll-
...a 8?
Attachment number 3
Page 58 of 68
Item # 8
Parcel
KET of C P
SHEET 1 OF 2 SHEETS
Attachment number 3
Page 59 of 68
PARCEL D
THE EASTERLY 18.0 FEET OF LOTS 97, 98, 99, 100, AND 101;
TOGETHER wrrH 'rH EASTERLY 18.0 FEEr OF LOT 102 LESS THE SO ERLY 30.0
FEET THEREOF, LLOYD-WHITE-SKINNER SUBDIVISION AS RECORDED IN PLAT BOOK
13, PAGE 12, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
CONTAINS: 5,670 SQUARE FEET (0.1302 ACRES), MORE OR LESS.
NOTES:
t. NO INSTRUMENTS OF RECORD REFLECT RIGHT OF WAY AND/OR
LEGEND OWNERSHIP WERE FURNISHED TO TH' S. U& ' AS SHOWN.
2. THIS SKETCH DOES NOT REFLECT I C ---. IP.
PL.S I 1 NOR 3. USE OF THIS SKEICH s 4YONE OTHI ' AN THOSE PREPARED FOR WILL BE THE
LB
P RE-USERS SOLE RISK WIPi, ST IU Y 'e. t SU R.
O
I a. t N 4. THE SKETCH WAS F WITHOUr THE BENEFIT OF A CURRENT TITLE COMMITMENT
P®6
P F r l s AND IS SUBJECT TO I I I -OF-WAY AND SIMILAR MATTERS OF TTOJE.
5. MERIDIAN ED ON TP .- )RTH BOUNDARY OF LOT 44 AS BEARING NWOO'00'E (P)
11
DATE. 4i--I/-l
t14 FC -ST LAKES BOULEVARD
OL a RB FA. 3"77
WARY - TOP E.6 a SD
7 PHONE (m3) E F i?
Item # 8
t°
d
?r
SKETCH of DESCP-ZP'- --Co"
SHEET 2 OF 2 SHEETS
1 - .,a e g
112 Fl s r LAKES BOULEVARD OLD IAR, FLA. 3 .
a d Pb (814, --1 t FP: (893) 5-, JAC Item # 8
Attachment number 3
Page 60 of 68
Attachment number 3
Page 61 of 68
CON'"I'T -T
PA- ( -- 3
Item # 8
Attachment number 3
Parcel J Page 62 of 68
" 'CFA c)f € L-. - -
SHEE7 1 OF 2 SHEETS
PARCEL J
CONTAINS: 416 SQUARE FEET (0.0096 ACRES), MORE OR LESS.
LE--'-7N D
PLS 1 iD SURVEM
U
?w: i M TI N
POS PC r
N .
T.I R C
Fat TO Y' iq gs vni
"LECI' s
RE -
"
4.7
ANL S _ rT . j ;-OF-
5.
iT F_ WAY MD/OR
tD
?I
r
-
® ( FAX,
e ?a
t s TwE
t i ..
i t N C S (P).
-J
aE
v°
Item # 8
Attachment number 3
Page 63 of 68
-I of 0
SHEET 2SHEEIS
a4
sc
j_.
a'
r
r
30°
P.M9 ? - PIATrED HT Y LINE
?
LOT I BLOCK
Vol
EI
' COLUMBIA SUB
VISION
d PLAT BOOK 23 PACE 60
LIO
PARCEL J, I I
®' NW Comer
l
La
t 44
1
t
1
1 f
Lf)Y 4-4 , LOT #.
°9 l
m-
THE LLO? D-WI- rrE-SKIN NER SUBDIMSION
_
, ? ! JP BOOK 13 PAGE 12-13
tea 88
ru
a
1
, ?
f
_3 er
sw Jw p)
I-
Lot 44
_ v
-
U.Ju
-l 17. '
r
tl 14, t ?' 1
^LL 34.321
_
7.4r
CU -._.m I ( ?. CHO U nr
_..-_ ?. 26e18° - tf a D)_
UNG.
L LILEVAR
AR. FLA. 34677
lit; - DIRMIMUCIlON STAR r
3) -1342 F ($13) x 5-
f CEL-J
JAC
_ r aA?
Item # 8
Attachment number 3
Page 64 of 68
"TATIVE ' ?.,CfI ' "ND "arm ,n-."
Item # 8
Attachment number 3
Page 65 of 68
s
TYPICAL CROSS SECTION
Not To Sal
EXHIBIT L
Item # 8
Attachment number 3
Page 66 of 68
xrw 11"T P%/'
"Ti -dam,
The following parking protocol shall be implemented by the Developer in order to provide
adequate parkin, for guests and employees and to reduce the incidence of traffic backups at the
entrance to the Project at the Coronado Ave. porte cochere;
1. Adequate valets shall beemployed to handle anticipated traffic volumes. Valets shall be
provided as needed in the porte cochere area as well as on each parking level where valet
parking service is required top k the cars of hotel guests, the public and hotel staff
Vehicles ,a' ° tip ralet service shall be parked in the porte cochere area of the Project (the
"° orte Cochc re") so lore as space is available.
4. Motel employees shall be permitted to park in the garage pursuant to the same operational
procedures as guests at a rate not to exceed the daily public parking rate set by the City of
Clearwater for public parking lots on South Clearwater Beach.
Item # 8
Attachment number 3
Page 67 of 68
rr _ . LJL E
Item # 8
Attachment number 3
Page 68 of 68
KF Clearwater Estates Pro-rata Share Calclulation
9/24/2008
Total project length = 2330'
K &P South ulfview frontage = 780'
K &P Flo = 780'/2330" 31476395%
KF Share of Costs 3,275,217
Traffir, I --I Pee Calculation
Total Traffic Impact Fee due 1,036,050
Less City 50% share of Traffic Impact Fee (518,025)
Net Amount Due from KF Clearwater Estates 2,757,192
Lest nt-hnfc P, hind
. - Date Received
Invoic : 1 7/17/2007 (229,17&66)
Invoice 2 9/28/2007 (628,862.49)
Invoice #3 1/31/2008 (816,128.83)
Invoice 4/8/2008 (529,656.59)
Invoice #5 7/812008 (342,167 52)
Invoice # (146,958.34)
BALANCE 4, ', 7
Item # 8
Meeting Date: 12/1/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Review Library Board Code Sections and provide direction re amendments. (WSO)
SUMMARY:
City code sections 2.191 through 2.195 address the Library Board. The Board is made up of seven Clearwater residents.
Section 2.193. Powers and duties reads:
The Library Board shall make recommendations to the city commission concerning all matters pertaining to the management and use
of the library system, including but not limited to the establishment of such rules and regulations governing the privilege of using the
library by members of the public as they may deem advisable.
For the most part over the last few years, Library Board meetings consist of the Library Director reporting to the board on Library
operations. Few recommendations, other than those regarding library closures and hours of operation that were made during budget
discussions, have been forwarded to the Council. Rules and regulations regarding the use of the library have been established for some
time and are also governed by law and library cooperative rules.
Council is requested to provide direction regarding refining the board's powers and duties to address those issues on which advise is
wanted. Also, most advisory boards have 5 members, and Council may want to reduce the number for this board.
Clean up amendment recommended include: changing Commission to Council wherever found; in section 2.194 remove term limits, the
months in which the board meets, delete redundacies with general provisions in the code; and in section 2.195 change "excused" to
"excessive" regarding when the City Manager may remove a member.
Review Approval: 1) Clerk
Cover Memo
Item # 9
Attachment number 1
Page 1 of 1
DIVISION 7. LIBRARY BOARD
Sec. 2.191. Created.
There is hereby created a library board.
(Code 1980, § 115.20)
Sec. 2.192. Composition.
The library board shall consist of seven members, all of whom shall be
permanent residents of the city.
(Code 1980, § 115.21; Ord. No. 6195-97, § 1, 10-16-97; Ord. No. 6501-00, § 1,
2-3-00)
Sec. 2.193. Powers and duties.
The library board shall make recommendations to the city commission
concerning all matters pertaining to the management and use of the library
system, including but not limited to the establishment of such rules and
regulations governing the privilege of using the library by members of the public
as they may deem advisable.
(Code 1980, § 115.24)
Sec. 2.194. Terms of office of members; meetings; officers; rules.
(1) The members of the library board shall be appointed by the city commission
to serve for terms of four years, staggered such that not more than three terms
shall expire in any calendar year. A member shall serve not more than two
consecutive complete terms.
(2) The board shall meet monthly from September through May, and at such
other times as the board may find necessary.
(3) The board shall select a chairman and a secretary, and such other officers
as the board may find necessary, from its membership.
(4) The board may adopt such rules of procedure as the board finds necessary,
which shall not be in conflict with state law or ordinances of the city.
(Code 1980, § 115.22; Ord. No. 5587-94, § 47 6-2-94)
Sec. 2.195. Removal of officers.
The city commission shall have the power to remove any member of the library
board for misconduct or neglect of duty. In addition, the city manager shall have
the power to remove any member because of the unexcused absence of the
member from meetings of the board as provided in section 2.066.
(Code 1980, § 115.23)
Item # 9
Meeting Date: 12/1/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Continue Public Hearing and 2nd Reading of Ordinance 7999-08, regarding downtown parking, to January 15, 2009.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 10
Meeting Date: 12/1/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Continue Public Hearing and 2nd Reading of Ordinance 8015-08 to December 18, 2008, regarding VAC2008-02 Eggers.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 11
Attachment number 1
Page 1 of 2
ORDINANCE NO. 8015-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, THE FORTY-FOOT RIGHT-OF-WAY
OF MYRTLE AVENUE LYING ALONG THE WEST
PROPERTY LINES OF LOTS 1, AND 9 THROUGH 26
INCLUSIVE, BLOCK J, BELMONT SECOND ADDITION,
SUBJECT TO A DRAINAGE AND UTILITY EASEMENT
WHICH IS RETAINED OVER THE FULL WIDTH THEREOF;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Lucille R. and Sammie D. Eggers, owners of real property located in
the City of Clearwater, have requested that the City vacate the right-of-way depicted in
Exhibit A attached hereto; and
WHEREAS, the City Council finds that said right-of-way is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
40-foot right-of-way of Myrtle Avenue lying along the west property lines of Lots 1,
and 9 through 26 inclusive, Block J, Belmont 2" Addition as recorded in Plat Book
6, Page 88 of the Public Records of Pinellas County, Florida
is hereby vacated, closed and released, and the City of Clearwater releases all of
its right, title and interest thereto, except that the City of Clearwater hereby retains
a drainage and utility easement over the described property for the installation and
maintenance of any and all public utilities thereon.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Ordinance Nol.t8=5981 1
Attachment number 1
Page 2 of 2
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance Nol.tB=5981 1
Meeting Date: 12/1/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 12
Meeting Date: 12/1/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Assistant Fire Chief Structure (WSO)
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 13
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Item # 13
Meeting Date: 12/1/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Public Art Ordinance (WSO)
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 14
Meeting Date: 12/1/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 15
Meeting Date: 12/1/2008
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Turkey Trot Presentation - Kevin Dunbar, Parks and Recreation Director
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 16