02/17/2009
WORK SESSION AGENDA
Council Chambers - City Hall
2/17/2009 - 8:30 AM
1. Presentations
1.1Service Awards
Attachments
2. Financial Services
2.1Declare the list of vehicles and equipment surplus to the needs of the City and authorize sale at the Tampa
Machinery Auction, Tampa, Florida or through on-line auction service GovDeals, Montgomery, Alabama,
and authorize asppropriate officials to execute same. (consent)
Attachments
3. Marine and Aviation
3.1Approve reducing recreational slip per foot rates in the FY08/FY12 Marina Business Plan from $9.13 to
$8.51 for residents and from $13.14 to $10.33 for non-residents with a 5% increase in 2011 and 2012 and
reducing commercial rates by 10%; reducing the Downtown boat slip per foot rental rates to $9.00 for
residents and $10.50 for non-residents with an increase of 3% per year; moving forward with lottery for
those who submitted their deposits prior to the established deadline and either a second lottery or taking
new tenants on a first come, first serve basis for those submitting after the deadline. (consent)
Attachments
3.2Authorize a five-year license agreement between the City of Clearwater and commercial charter boat
operators at the Clearwater Municipal Marina and adopt Resolution 09-02.
Attachments
3.3Authorize providing Clearwater residents (domiciliaries) first priority at the City-owned Downtown Boat
Slips, ensure public access to the docks, boardwalks and promenade and adopt Resolution 09-10.
Attachments
4. Parks and Recreation
4.1Approve establishing a new Capital Improvement Project (315-93615) entitled the “Aging Well Center”
for $1,029,720 and approve a Florida Department of Elder Affairs (DOEA) Senior Center Fixed Capital
Outlay Grant agreement to renovate, equip and furnish the Aging Well Center located at the Long Center,
in the amount of $727,500, between the State of Florida Department of Elder Affairs and the City of
Clearwater and authorize the appropriate officials to execute same.
Attachments
4.2Approve a recommendation by the Public Art and Design Board for the commission of a public art
sculpture entitled “Ladder Fire,” as designed by artist Christopher Fennell, to be installed at Fire Station
48 located at 1700 North Belcher Road. (consent)
Attachments
5. Public Services
5.1Ratify and Confirm Change Order 2 and Final to Westra Construction Corporation of Palmetto, Florida
for the Beach by Design - Coronado Drive Improvements Project (03-0079-ED) decreasing the contract
amount by $790,518.83 for a new contract total of $10,039,689.64, approve a time extension of ninety-
two (92) days and authorize the appropriate officials to execute same. (consent)
Attachments
6. Planning
6.1Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning
Atlas Designation of Low Density Residential (LDR) District for 1820 Beverly Circle N. (Lot 13, Block
“C”, Meadow Creek in Section 24, Township 29 South, Range 15 East); and Pass Ordinances 8029-09,
8030-09 and #8031-09 on first reading. (ANX2008-11018)
Attachments
6.2Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning
Atlas Designation of Low Medium Density Residential (LMDR) District for 1860 Carlton Drive (Lot 2,
Block A, Carlton Terrace in Section 5, Township 29 South, Range 16 East); and Pass Ordinances 8032-
09, 8033-09 and 8034-09 on first reading. (ANX2008-12019)
Attachments
6.3Approve the Annexation, Initial Land Use Plan Designation of Residential/Office Limited (R/OL) and
Initial Zoning Atlas Designation of Office (O) District for 2655 SR 580 (Lot 2 of State Road 580
Professional Office Centre) in Section 29, Township 28 South, Range 16 East) and 2665 SR 580 (Lot 1,
Kerwin Subdivision, in Section 29, Township 28 South, Range 16 East); and Pass Ordinances 8035-09,
8036-09 and 8037-09 on first reading. (ATA2008-10001)
Attachments
7. City Manager
7.1Economic Development Strategic Plan Schedule - Work Session Discussion
Attachments
8. Official Records and Legislative Services
8.1Appoint one member to the Community Development Board with the term expiring February 28, 2013.
Attachments
8.2Approve the 2009 Federal Legislative Package.
Attachments
8.3Approve amended contract with Alcalde and Fay for federal lobbying services at a cost of $5,500 per
month for the period March 1, 2009 through December 31, 2012, and authorize appropriate officials to
execute same. (consent)
Attachments
8.4Adopt Resolution 09-07, supporting the Florida League of Cities’ 2009 Civic Awareness Campaign.
Attachments
8.5Amend Council rules to change Work Session start time to 9:00 a.m and adopt Resolution 09-08.
Attachments
9. Legal
9.1Pass Ordinance 8040-09 on first reading, amending Ordinance 7947-08, which amended Ordinance 7372-
05, which vacated a portion of the the easterly one half of the 70-foot right-of-way of Gulfview Boulevard
(aka South Gulfview Boulevard per field), subject to special conditions, extending the required date for
commencement of vertical construction to February 11, 2012 and amending the description of the
property to be vacated.
Attachments
9.2Pass Ordinance 8041-09 on first reading, amending Ordinance 7948-08, which amended Ordinance 7371-
05 as amended by Ordinance 7598-06, which vacated a portion of the 60-foot right-of-way of First
Avenue (aka First Street per field), subject to special conditions, to amend the special conditions by
extending the required date for commencement of vertical construction to February 11, 2012.
Attachments
9.3Authorize City Attorney to hire Bricklemyer Smolker and Bolves, P.A., to represent the City in several
inverse condemnation litigation cases arising from the construction related to the “Beachwalk Project”, in
the amount of $100,000. (consent)
Attachments
10. City Manager Verbal Reports
10.1City Manager Verbal Reports
Attachments
11. Council Discussion Items
11.1Use of Harborview between now and closing - Councilmember Cretekos
Attachments
11.2Super Bowl Maps Regarding Clearwater Beach
Attachments
11.3Fertilizer Ordinance - Councilmember Gibson
Attachments
12. Other Council Action
12.1Other Council Action
Attachments
13. Adjourn
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Service Awards
SUMMARY:
5 Years of Service
Clement Vericker Finance
Matthew Schad Fire
Peter Gushee Fire
Stephen Avise Fire
Heath Brenner Fire
James VanZandt Fire
Zebulun Veale Fire
Shaun Beasley Parks & Recreation
Shelby Brown Development Services
10 Years of Service
Jay Gibson Engineering
J C Jones Solid Waste/Gen'l Svcs./B & M
Jerry Absher Solid Waste Gen'l Svcs./B & M
15 Years of Service
Guadalupe Newell Gas
Pawel Dembinski Engineering
20 Years of Service
Roberto Vergara Public Services
30 Years of Service
Raymond Kader Parks & Recreation
January/February 2009 Team Award
Marshall Street AWWTP Operators
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Declare the list of vehicles and equipment surplus to the needs of the City and authorize sale at the Tampa Machinery Auction, Tampa,
Florida or through on-line auction service GovDeals, Montgomery, Alabama, and authorize asppropriate officials to execute same.
(consent)
SUMMARY:
All vehicles and equipment listed have been replaced as necessary and are no longer required. Sale will be through live auction at the
Tampa Machinery Auction or on-line sale through GovDeals.
Tampa Machinery Auction is the Pinellas County Purchasing Cooperative Auctioneer of Record. GovDeals service is available through
piggyback of a City of Tampa contract.
Appropriation Code Amount Appropriation Comment
0566-00000-364413-000-
0000
o be determinedSale proceeds
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:None
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Surplus for February 2009 City Council Meeting
REASON FOR
ITEM #Asset#YEARDESCRIPTIONSERIAL NUMBERMILEAGE SURPLUS / DISPOSAL
1G04901994Ford F350 4x4 Crew Cab1FTJW36HXREA3720469,827 Rusted Out
2 G15681996TyCrop Top Dresser Spreader4.95062E+13N/ARusted Out
3G18501997Sullivan 250 CFM Air Compressor 16720AN/AAge/Condition
4G18581996Display Solutions Message BoardS340204N/AAge/Condition
5 G20431998Display Solutions Message BoardSR340610N/AAge/Condition
6G20441998Display Solutions Message BoardSR340-611N/AAge/Condition
7 G21051999Kawasaki Mule Utility VehicleJK1AFCB13XB502987N/AAge/Condition
8G22282000Crown Victoria Police Cruiser2FAFP71WXYX16432780491Accident Damaged
9G22352000Crown Victoria Police Cruiser2FAFP71W0YX16432285,642 Age/Condition
10 G24632001Display Solutions Message BoardSR345-136N/AAge/Condition
11G24672002Chevrolet Suburban 2500 4x43GNGC26U42G28956376794Age/Condition
12 G24792002Toro Groundsmaster 4000D Mower220000608N/AAge/Condition
13G24972002Toro Groundsmaster 4000D Mower220000638N/AAge/Condition
14G25272002Crown Victoria Police Cruiser2FAFP71W72X13457884,124 Age/Condition
15 G30082005Ford Explorer 4x41FMZU72K15UB0572653870Age/Condition
16G30122005Ford Explorer 4x41FMZU72K45UB0154258620Age/Condition
17 G32421981Kohler 161 KW GensetLF-93902-6/19-12N/AAge/Condition
18G32431973Stamford 200 KW GensetA960597645N/AAge/Condition
19 1 Pallet of 9 Emergency Light Bars Obsolete Equipment
20 1 Pallet of of 26 Whelan Dash King Emergency Lights Obsolete Equipment
21 1 Pallet consisting of 2 Vehicle Slide- Out Cargo Tray Organizers Obsolete Equipment
22 1 Pallet of 5 Mobile Vision VHS Tape Boxes Obsolete Equipment
23 Landa SJ-15 Parts Washer and Auxiliary Filter Obsolete/ Not working
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Approve reducing recreational slip per foot rates in the FY08/FY12 Marina Business Plan from $9.13 to $8.51 for residents and from
$13.14 to $10.33 for non-residents with a 5% increase in 2011 and 2012 and reducing commercial rates by 10%; reducing the
Downtown boat slip per foot rental rates to $9.00 for residents and $10.50 for non-residents with an increase of 3% per year; moving
forward with lottery for those who submitted their deposits prior to the established deadline and either a second lottery or taking new
tenants on a first come, first serve basis for those submitting after the deadline. (consent)
SUMMARY:
City Council approved the Marina five-year business plan for FY08/FY12 at the November 15, 2007 council meeting. The business
plan set forth goals, objectives and strategies to be implemented in FY 2008. To reach these goals, we received approval for:
1.Incremental increases as submitted to reach average market rate for private residential, non-residential and commercial rates.
(Implemented)
2.An amendment to Sec. 33.028 of Code of Ordinances to include market surveys of all local area marinas, not just municipal
marinas when comparing rates. (Done)
3.Charge commercial slips for location in the marina. (Scheduled for RFP Summer 2009)
4.Increase marketing and advertisement toward transient recreational boaters. (Done)
5.Maintain control over city slips by amending the dock permit to provide a value back to the city. (Done)
6.Decrease the amount of discount on fuel sales. (Done)
Due to the economic conditions the rate increases for recreationa boat slips resulted in dozens of slips being turned back to the city. The
average market rates have decreased. We are above market average for both residents and non-residents. Local market average "per
foot" rates for recreational slips are $8.51 for residents (we are at $9.13) and $10.33 for non-residents (we are at $13.14). We propose to
use the current local market average as our new base rates with no increase in 2010, and a 5% increase in 2011 and 5% in 2012.
We propose to rollback our commercial rates 10% to what they were in FY2008. The current economic conditions and increased
Federal fishing restrictions on our commercial fishing fleet have dramatically reduced commercial trips due to fewer tourists and for
fishing there are fewer options on what fish may be caught and retained.
For the Downtown Slips, we propose to set the rates at $9.00 per foot for residents and $10.50 for non-residents. We propose to
increase rates for the Downtown Slips at 3% per year as an approximation of an annual CPI increase.
We recommend that the city move forward with the lottery for the persons who submitted their deposits prior to the established
deadline. We anticipate an increase in interest at the new rates and will either hold a Second lottery or assign slips first come first serve.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk
Cover Memo
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Attachment number 1
Page 1 of 3
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Attachment number 1
Page 2 of 3
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Page 3 of 3
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Attachment number 2
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Authorize a five-year license agreement between the City of Clearwater and commercial charter boat operators at the Clearwater
Municipal Marina and adopt Resolution 09-02.
SUMMARY:
Council approved the Marina five-year business plan for FY2008 through FY2012 at the November 15, 2007 council meeting. Included
in that plan was maintaining control over city slips by amending the commercial dock permit to provide a value back to the City by
imposing a transfer fee in all instances of transfer of ownership for commercial operators.
Also proposed was amending or changing the commercial dock permit to a license term or use agreement. The term was to be for five
years with the option to renew at the end of the agreement term. This would help commercial operators obtain bank loans, which they
were having difficulty obtaining with a month-by-month dock permit. Adopting Resolution 09-02 will authorize a five-year license
agreement with the option to renew for another five years at the discretion of the Marine & Aviation Director or his assistant.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager ED 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Resolution No. 09-02
RESOLUTION NO. 09-02
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING A FIVE-YEAR LICENSE
AGREEMENT TO REPLACE THE COMMERCIAL DOCK
PERMIT BETWEEN THE CITY OF CLEARWATER AND
CHARTER BOAT OPERATORS AT THE CLEARWATER
MUNICIPAL MARINA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater wishes to replace the current commercial
dock permit for charter boat businesses in the Clearwater Municipal Marina with a five-
year license agreement, with an option to renew at the end of the agreement term; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves authorizing a five-year
license agreement for commercial charter boat operators at the Clearwater Municipal
Marina.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2009.
____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Camilo Soto Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Slip Lease folder: Commercial License Agreement folder: Commercial Dock License Agreement January 15-2009 1
City of Clearwater Marine and Aviation Department,
Clearwater Municipal Marina
25 Causeway Blvd., Clearwater, Florida 33767
Phone (727) 462-6954 Fax (727) 462-6957
Date: Commencing:
Slip #: Facility: Beach Marina _____ Island Estates _____ Downtown _____
Current Monthly Base Fee $ Dock Box: $5.00 (if applicable)
Owners Name:
Owners Address:
City: State: Zip:
Owners Phone: Owner’s Email:
Home:
Work:
Cell:
Alternate/Emergency Contact Info:
Name:___________________________________
Phone:___________________________________
Email:
Vessel Name:
Vessel Registration:
Vessel Documentation:
Vessel Description:
Maximum Length: Maximum Width: Maximum Draft:
Power: Amperage: 30___ 50___ 100___ more:___
Make:
Model: Year:
HIN#:
Fuel: Gas : ___ Diesel:___ Other____ Tank Capacity:_______ gallons
Hull Material:
Other: Wood: ___ Steel: ____ Fiberglass: _____ Aluminum: _____
Propulsion:
HP: ______ Inboard: ____ Outboard: ____ I/O: ____ Sail: __
Engine Make: _________________________
Boat Type:
Example:
Aft Cabin Cruiser Cuddy Cab Deck Fishing
General House Pontoon PWC Runabout
Sail Speedboat Sportfish Trawler Yacht
Company: Insurance Information:
Policy #:
Agent:
Exp Date:
The undersigned hereby makes application for a Slip Permit (hereinafter Permit) and for the berthing accommodations
for the vessel named herein. By signature below, the applicant acknowledges having read, understood, and agrees to
abide by all conditions of this Permit as printed hereon and by the Rules and Regulations, which are available upon
request, governing occupancy of the space and use of facility. By signature of its authorized official, the City of
Clearwater approves the issuance of this Permit subject to the terms and conditions referred to below. Applicant
(hereinafter Permitee) agrees to keep current all information.
Attachment number 2
Page 1 of 17
Slip Lease folder: Commercial License Agreement folder: Commercial Dock License Agreement January 15-2009 2
Conditions of License Agreement
1. Conditions & Authority:
A. The City of Clearwater’s Marine and Aviation Director or designee shall be authorized to
execute, administer and provide for notification of this Permit.
B. The term of this Permit shall not exceed five (5) years. The term shall end on the ____
day of _______________, 20___ (the “Termination Date”), unless sooner terminated in
accordance with, and pursuant to, the terms and conditions of this Permit, the Code of
Ordinances of the City of Clearwater, or the duly adopted rules and regulations for the
Municipal Marina.
C. If Permittee has complied with all terms of the Permit, the Code of Ordinances and the
rules and regulations, the City and Permittee may negotiate, at the City’s sole
discretion, a new permit for an additional term not to exceed five (5) years, effective
upon the Termination Date of the previously executed Permit.
D. The City may notify Permittee, at least 180 days prior to the Termination Date, that the
Permit is scheduled to expire and may state the intentions of the City to renew or
terminate the Permit. Permittee shall, at least ninety (90) days prior to the Termination
Date, indicate to the City whether Permittee desires to renew or terminate the Permit.
Failure to notify under this provision shall have no effect on the validity of this Permit
and shall not create any other rights or obligations to enter into a new permit
agreement.
E. This Permit is non-transferable and applies only to the above-named vessel, owner
and/or operator, facility and slip. This Permit shall not be construed as granting any
ownership interest in the slip or Marina facilities.
F. The City reserves the right to change the rental rate for space by giving or mailing
notice in writing to the owner or operator at either of the above addresses: (Code of
Ordinances Sec. 33.027 and Sec 33.028) thirty (30) days prior to the rental rate
change.
2. Use:
A. In return for Permittee’s proper performance of all obligations, City shall provide
Permittee lawful use of the facility and slip in reasonably good condition, and without
unreasonable disturbance.
B. This Permit shall not confer upon the Permitee ownership interest in the boat slip, the
submerged lands under the slip, or the Marina facilities.
C. Permitee shall use the Slip for docking or mooring space for the above named vessel
only. Any other use of the Slip by Permittee is not authorized without written consent of
the City; consent for other use may be withheld at City’s sole and exclusive discretion.
All auxiliary vessels (dinghies, personal watercraft, tenders) associated with named
vessel shall be properly secured on named vessel and not left in the water of the
assigned Slip or adjoining areas.
Attachment number 2
Page 2 of 17
Slip Lease folder: Commercial License Agreement folder: Commercial Dock License Agreement January 15-2009 3
D. Permittee shall not deposit or allow refuse or waste to be deposited into the Slip. All
waste must be properly deposited and contained within the appropriate containers
supplied by City. Permittee must comply with all laws relative to proper storage,
removal and disposal of refuse.
E. Permittee shall not create or cause a nuisance to others to occur or continue at the
Slip. The determination of what constitutes a nuisance shall be at the sole discretion of
the Marine and Aviation Director or designee.
F. Permittee shall not conduct or engage in any illegal activity at the Slip, on Municipal
Marina property, or upon Permittee’s vessel.
G. Permittee, in the use and occupancy of the Slip, shall promptly comply with all statutes,
ordinances, rules, orders, regulations, and requirements of any governmental agency
with authority over the Municipal Marina.
H. Permittee shall not act in a manner, or permit any act, that will conflict with provisions of
any insurance policies covering the Municipal Marina.
I. The mooring and operating of vessels at the Municipal Marina is subject to the
ordinances, rules, and regulations of the City of Clearwater, and the terms of this
Permitee.
3. Assignments and New Permit Submittals:
A. Except as provided herein, specifically, paragraph 13, Permittee shall not assign or
encumber this Permit, nor assign or transfer in any way, an interest in Permittee’s
vessel, nor use or permit the use of the Slip for any purpose other than provided for by
the terms of this Permit. Permittee shall not sublet the Slip, or any part thereof.
B. Any new Permittee, including any assignee, prior to execution of any assignment or
new Permit, must submit, for City review, an application to the City, which contains
personal financial statements, references, and may involve a criminal background
check. If the Prospective Assignee is a corporation, then the president of the
corporation will be subject to the requirements in this section. The Prospective
Assignee shall provide the City Prospective Assignee’s credit report from an authorized
credit bureau such as Experian®, Equifax®, or TransUnion®.
B. The City, in its sole discretion, reserves the right to reject any application for any
reason, including but not limited to, false or misleading information on the application,
poor credit history, incomplete or inaccurate application information or any other
similarly related cause.
4. Required Documents:
Copies of the following documents are required to be on file in the marina office:
i. the current Florida vessel registration and all applicable renewal documents
shall be provided to the Marina and Aviation Director or the Director’s
designee within 30 days of vessel registration expiration;
Attachment number 2
Page 3 of 17
Slip Lease folder: Commercial License Agreement folder: Commercial Dock License Agreement January 15-2009 4
ii. proof of valid and current vessel insurance shall be provided to the Marine
and Aviation Director or the Director’s designee 30 days prior to expiration of
such insurance;
iii. if applicable, current United States Coast Guard vessel documentation shall
be provided to the Marine and Aviation Director or the Director’s designee;
iv. if applicable, current business tax receipt (occupational license) from the City
and Pinellas County;
v. proof of Permitee’s ownership or legal use and possession of the vessel;
vi. if applicable, U.S. Coast Guard Inspection Certification (inspected vessels
only);
vii. valid and current Captain’s License issued by U.S. Coast Guard for each
operator of named vessel;
viii. and a map showing proposed routes over which the Permitee will operate,
length of trip (in miles) time schedules and days of operation (applicable to
dinner cruise and sightseeing vessels only)
5. Payment of Dockage Fees:
A. Upon acceptance of a Slip, the first and last month’s Slip rent is due; thereafter, rent and
other applicable fees will be invoiced to the Permittee’s mailing address. The invoice may
be e-mailed upon Permittee’s request.
B. All payments shall be made without demand to the City of Clearwater, Marine and Aviation
Department, 25 Causeway Blvd., Clearwater, Florida 33767, or at such other place and to
such other persons as the City may occasionally designate in writing and upon receipt of
invoice, shall be received by City by the first of each month, and no later than the fifteenth
(15th) day of each month.
C. If the permit is issued on a date other than the first day of the month, the first month’s Slip
rent shall be prorated by the difference of calendar days away from the first of the month.
D. After the fifteenth (15th) of each month, late fees will be assessed in the amount of Thirty
Dollars ($30.00) per billing cycle. In addition, City shall place a lien against Permitee’s
vessel(s), or any vessel(s) hereafter moored by Permitee at the Slip, including the
appurtenances and contents thereof, in the event any unpaid sums for the use of docking
facilities or other services become more than ninety (90) days past due or in the event the
Permittee or Permittee’s property causes or contributes to any injuries or damage to any
docks or property of the City or to any other property or persons at the Municipal Marina
[F.S. 328]. Moreover, failure to pay dockage fees for more than ninety- (90) days may
result in the cancellation of the Permit and removal of the vessel(s) at the Permitee’s
expense [Code of Ordinances Sections 33.028 & 33.029].
E. Permitee may request credit card processing each month upon submission of a completed
authorization form containing the Permitee’s signature. A five-dollar ($5.00) administrative
Attachment number 2
Page 4 of 17
Slip Lease folder: Commercial License Agreement folder: Commercial Dock License Agreement January 15-2009 5
fee will be added each month for the expense of processing the credit card payment.
6. Utilities:
A. Permitee shall be responsible for the payment of electric utility usage for the Slip.
Electric meters will be read monthly and the billing of such will be reflected on the
monthly Slip invoice.
B. Utilities fees shall be incorporated into the Dockage Fees due each month.
C. Utilities shall be paid for by the Permitee in the same manner as indicated in Provision
5.B and shall be subject to the same penalties as indicated in Provision 5.D of this
permit.
7. Insurance:
A. The vessel owner at owner’s expense, shall at all times during the term of this Permit,
maintain with an insurance company, acceptable to the City, a Public Liability and Property
damage policy to include a minimum $500,000.00 insurance coverage, with the City as
additional insured, for any damage done by Permittee’s vessel to City docks or other
property within the marina. In addition, per resolution 06-45, Permittee must carry
$10,000.00 for damage done during storms if not included in $500,000.00 liability
coverage.
B. Permittee agrees to have Permittee’s vessel insured by liability insurance and to be held
responsible for damage caused to other vessels in Clearwater Municipal Marina or to the
structures thereof. The city assumes no responsibility for the safety of any vessel docked
at the Clearwater Municipal Marina and will not be liable for fire, theft, or damage to said
vessel, its equipment or any property in or on said vessel, however rising. Permittee
acknowledges that Permittee has been advised that the City Marina makes no
representation or warranty offers to Owner a safe slip for Owner’s vessel, or that City
Marina offers the safest available refuge. Permittee is fully responsible for all of the
consequences of the vessel and the vessel’s continuing presence in the City Marina as set
forth in the Permit. Permittee agrees to hold the City harmless in the event claims for
damage to other persons or property arise from the presence of Permittee’s vessel in
Marina.
C. The Permittee shall provide the City with a copy of the insurance policy evidencing
coverage of the vessel upon execution of this Permit and no later than thirty-(30) days prior
to expiration of a policy, provide the City evidence of policy renewal.
D. Failing to provide proof of insurance upon acceptance of this Permit, to maintain valid
insurance during the span of this Permit, or to provide evidence of subsequent insurance
renewal will result in this Permit being null and void and the Permittee immediately
forfeiting the use of the slip.
E. Any contractors employed by vessel owner and/or Permitee shall register at the Municipal
Marina office prior to beginning work, providing a valid business tax receipt and proof of
insurance, naming the City of Clearwater as additional insured substantially in compliance
with the terms set forth herein and as designated by the office of risk management of the
City with limits of not less than $500,000.00 annual aggregate and comply with all laws.
Attachment number 2
Page 5 of 17
Slip Lease folder: Commercial License Agreement folder: Commercial Dock License Agreement January 15-2009 6
8. Indemnification:
A. It is expressly agreed by the parties that the City shall not be liable for any damage, injury
or death, which may be sustained by the Permittee, Permittee’s agents, servants,
employees, guests, invitees, or other persons, resulting from the intentional acts,
carelessness, negligence or improper conduct on the part of any other Marina Permitees
(or such Permitee’s agents, servants, employees, agents, or invitees), or by reason of the
breakages, leakage, or obstruction of the water, sewer or other leakage or condition, or
action of whatever nature or cause, in or about the Marina.
B. Permittee agrees to hold harmless and to indemnify the City from any loss, damage, or
liability imposed by reason of any acts or omissions on the part of the Permittee or
Permittee’s agents, servants, employees, guests, invitees, or other persons in the use of
the slip.
C. The indemnification provided herein shall include, but not be limited to, all costs, expenses,
and reasonable attorney’s fees incurred by the City of Clearwater in any action based on
the foregoing, including, but not limited to any action brought by Permittee, or Permittee’s
invitees, guests, employees, agents, heirs, or approved assignees.
D. The Permitee, hereby releases and agrees to indemnify and hold harmless the City of
Clearwater for any and all liability for personal injury, loss of life and property damage:
i. Arising out of the ordinary negligence of the City of Clearwater or its
employees and agents in connection with the City of Clearwater’s premises
or use of the slip for more than one night;
ii. In connection with the Permitee’s vessel, motor and accessories while it is on
the City’s premises; or
iii. For the loss or damage to the Permitee’s vessel, motor and accessories or
contents thereof due to fire, theft, collision, marina equipment failure,
windstorm, rain, hurricane, or other unforeseen events causing casualty loss.
E. Assumption of Risk and Disclaimer of Liability
i. This Marina facility is to be used at the sole risk of the Permitee, Permittee’s
agents, servants, employees, guests, invitees, or other persons making legal
and proper use of the slip, and the City of Clearwater shall not be liable or
responsible for the care or protection of the vessel, including gear,
equipment and contents, or for any loss of damage or whatever kind of
nature to said vessel, howsoever occasioned. There is no guarantee or
warranty of any kind as to the condition of the piers, catwalks, ramps, or
mooring gear, nor shall the City be responsible for injuries to persons or
property occurring thereon for any reason whether herein specifically stated
or not.
ii. Nothing within this Permit shall constitute a waiver of the City’s sovereign
immunity under Section 768.28, Florida Statutes.
Attachment number 2
Page 6 of 17
Slip Lease folder: Commercial License Agreement folder: Commercial Dock License Agreement January 15-2009 7
iii. Permitee, Permitee’s agents, servants, employees, guests, invitees, or other
persons making legal and proper use of the slip shall assume the duty to
report all accidents to the Marine and Aviation Director or the Director’s
designee.
9. Conduct:
A. No commercial operation shall interfere with the public’s use of the marina area or infringe
upon the normal operation of any other persons who are authorized to conduct business
within the marina.
B. Distribution of advertising materials, solicitation of any kind, or sale of tickets for any vessel
carrying passengers for hire is prohibited upon the docks, sidewalks, seawall, parking lots
or other public places within the marina except at Permitee’s booth or dock office.
C. Passage tickets shall be sold only at Permittee’s established booth(s) or at the vessel.
D. Permittees owning more than one business within the marina shall sell passage tickets
only for the business occupying named vessel (business) in this Permit. It is irrelevant if
Permittee owns an interest in another business within the marina, a business location shall
only conduct business relating solely to the vessel named in this permit in an effort to
maintain an ongoing fair and competitive business environment at the Marina.
E. A Permittee may not have more than one booth per slip. It shall be the duty of the vessel
owners/operators to keep such booths and all adjacent areas clean and free of all
encumbrances.
F. No booth may be built, moved or relocated without the written permission of the Marine and
Aviation Director or his designee and shall be in compliance with Planning and
Development Codes.
G. Disorderly conduct, which includes but is not limited to, public intoxication, directing
profanity or abusive language at other permitees, marina employees or members of the
public shall not be tolerated, and such conduct shall subject the disorderly party to
immediate removal from the marina, possible criminal prosecution, and/or a permanent
trespass from the Marina. The Marine and Aviation Director or the Director’s designee shall
have final discretion in determining what constitutes disorderly conduct, and the Marine
and Aviation Director or the Director’s designee shall have the right to limit any activities
that are deemed to constitute disorderly conduct.
H. Since this permit does not bestow upon the Permitee an ownership interest in the Slip,
submerged lands, and/or appurtenant Marina facilities, the Permitee shall not list or
otherwise offer the slip for sale. The slip, submerged lands, and appurtenant Marina are
property of the City of Clearwater.
10. Right of Entry:
A. Vessel owner(s) hereby authorize City of Clearwater employees to board their vessel to
make adjustments to mooring lines or to move the above named vessel, as may be
required in an emergency situation, or to avoid any loss or damage.
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B. The City has the right to enter the Slip to inspect, maintain, repair, or to make reasonable
alterations to said Slip, such as but not limited to, dredging, dock or seawall repairs or other
necessary improvements.
11. Maintenance:
A. The City agrees to operate and maintain dockage and mooring facilities at the Municipal
Marina in a reasonably clean, sanitary, and safe condition during normal hours of operation
and to comply with federal, state, and local laws and regulations and the terms and
conditions of federal, state and local permits regarding the operation and maintenance of
the Municipal Marina.
B. The City shall be responsible for the repair, maintenance and reconstruction, if and when
the need arises, of the Slip and the Municipal Marina, unless needed repairs are caused by
the negligence or the wrongful acts of the Permittee, Permitee’s agents, servants,
employees, guests, invitees, or other persons making legal and proper use of the slip
under the control of the Permitee.
C. Permittee shall keep the Slip in a reasonably clean, sanitary, and safe condition in
accordance with any rules, codes or regulations of any governmental agencies having
proper jurisdiction.
D. Permittee shall not make any improvements or alterations to the Slip without the
prior written approval of the City, which approval may be withheld in City’s sole and
exclusive discretion. Moreover, Permitee shall not add any accessory structures to or
otherwise modify the structure of the Downtown Slips.
E. If the Slip is destroyed or so damaged by fire or other casualty during the term of the
Permit so as to become not tenantable, City shall have the unfettered opportunity to render
said Slip tenantable by repairs within 120 days theref rom, and Permittee shall not be
obligated to pay any rent during the period of time that the Slip is not tenantable. In no
event shall rent abate. City shall not be required to make any repairs or replacement of slip
improvements other than those improvements provided by the City in accordance with the
terms of this Permit, nor shall the City be responsible for the replacement of the
Permittee’s vessel or personal property. If the slip is not rendered tenantable within such
120-day period, either party then has the option to terminate the Permit, and if the Permit is
so terminated, the rent shall be paid only to the date of such casualty. The termination
herein contemplated shall be effected by written notice directed to the other party.
12. Vessel Owner’s Responsibility:
A. Vessels shall be kept in seaworthy and operational condition and shall not create fire
hazards, sinking hazards, or eyesores. If a vessel is observed in nonconformity to any of
the previously mentioned conditions or any other unsafe condition, the Permittee shall be
directed by the Marine and Aviation Director or the Director’s designee to remove the
vessel from the Marina. Permittee agrees to remove the vessel upon notification by the
City of nonconforming or unsafe condition(s) and may not return until the condition is
remedied. If a nonconforming or unsafe condition is not remedied or the vessel is not
removed, the Permittee is to be held responsible for all and any damage caused by the
vessel to Marina docks, pilings and structures. The Permittee shall keep the vessel
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properly moored and dry within at all times. Large-scale repairs to vessels may not be
performed in the Marina; however, routine maintenance and minor repair necessary for the
preservation and seaworthiness of the vessel such as mechanical adjustment, minor
painting, leak seals and rot prevention may be performed within the Marina. Repairs that
may be made in the Marina are generally considered to be those which:
i. Do not disturb the public peace and tranquility of any person aboard
any vessel within the jurisdiction of the Marina.
ii. Do not contribute to a disorderly or unsightly appearance during the
process of repair or maintenance.
iii. Are capable of accomplishment with hand tools or certain portable
power tools normally carried aboard the vessel.
iv. Are confined to the vessel.
v. Do not pollute or put wastes in Marina waters.
B. Permittee, Permitee’s agents, servants, employees, guests, invitees, or other persons
making legal and proper use of the slip under the control of the Permitee shall abide by the
posted Marina rules and policies, which are incorporated into this permit herein.
13. Sale of Commercial Vessel Named in Permit:
A. Except as provided for herein, Permittee shall not assign or encumber this agreement, nor
assign or transfer in any way an interest in Permittee’s business, nor use or permit the use
of the slip for any purpose other than provided by the terms of this Permit, except that
individuals or partners may cause their vessels and this lease to be assigned to a
corporation, limited liability company or trust, so long as the percentage of ownership
interest in the new entity is held in the same proportions, by the same individuals, as was
the pervious vessel ownership and Permit.
B. Permittee shall not sublet the slip, or any part thereof.
C. Where there is a change to a corporation, limited liability company or trust, a new Permit
must be submitted to the Marine and Aviation Director or the Director’s designee.
D. For the purposed of this Permit, an “assignment” prohibited by this section shall be
deemed to include any of the following:
i. If Permittee is a partnership, a withdrawal or change (voluntary,
involuntary, by operation of law or otherwise) of any of the partners
thereof, or the dissolution of the partnership except in the event the
partnership continues operation by the remaining partners upon the
death of a partner; or,
ii. If Permittee consists of more than one person, a purported assignment,
transfer, mortgage or encumbrance (voluntary, involuntary, by operation
of law, or otherwise) from one thereof unto any other party; or,
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iii. If Permittee is a corporation or limited liability company, any dissolution,
merger, consolidation or other reorganization of tenant, or any change
in the ownership (voluntary, involuntary, by operation of law or
otherwise) of its capital stock or membership interests (as the case may
be) from the ownership existing on the date of execution hereof.
C. If Permittee’s vessel is given, bequeathed, sold or otherwise assigned to an immediate
family member, which is defined to include a person related within the first degree of
affinity (marriage) or consanguinity (blood) to the existing Permittee, the Marine and
Aviation Director or the Director’s designee must authorize such assignment.
D. Authorization to assign the rights to this Permit shall not be construed as granting any
ownership interest in the slip or facility. The terms of this Permit with all rights and
obligations shall only be granted and assumed contingent upon the assignee meeting the
application requirements.
E. Permittee may be permitted to sell Permittee’s business and assign the Permit rights and
obligations to a new tenant, so long as the new tenant meets all application requirements.
In such case, the new tenant (Purchaser) is subject the following:
i. Any change to the business or vessel shall be at the discretion of the
Marine and Aviation Director or the Director’s designee.
ii. This provision authorizes only a bona fide sale of the business.
iii. To verify validity of the sale, the City reserves the rights to review
documents related to the sale and require documents evidencing the
sale.
iv. A transfer fee will be charged to the Purchaser. When a current
commercial business is sold, a transfer fee equivalent to the 2007 slip
rate for the named slip will be used as the base amount for the
appropriate transfer fee. The increase will be based on the Consumer
Price Index for all Urban Consumers (CPI-U) South Urban area, for the
twelve-month period ending June 30th. The transfer fee shall be
calculated in one of the following methods:
1. Businesses remaining as the same type of business operation will
have a transfer fee equivalent to one year’s Slip rent based on 2007
rates increased by the CPI-U percentage for year of sale; or,
2. Businesses that change to a different type of business operation will
have a transfer fee equivalent to two years’ Slip rent based on 2007
rates increased by the CPI-U for the year of sale.
F. If the Permittee elects to retain the Slip to berth another vessel, Permittee will have sixty-
(60) days from the date of the sale to acquire the replacement vessel titled in Permittee’s
name and place it in the Slip. A request for an extension of one sixty- (60) day period shall
be made in writing and may be approved at the Marine and Aviation Director’s discretion.
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Failure to notify the marine and Aviation Director of the need for a sixty- (60) day extension
will result in termination of this Permit on the sixty-first (61) day.
G. The Slip shall not be vacant for more than 120 days. On the 121st day, the Slip will
become available for a new tenant, unless the Marine and Aviation Director or the
Director’s designee, due to extenuating circumstances, specifically authorizes an
extension.
H. Extenuating circumstances shall be determined on a case-by-case basis, and will be at the
discretion of the Marine and Aviation Director or the Director’s designee.
I. During the period that the slip is vacant the City shall have the right to use the slip for
transient dockage with no compensation to Permittee, and the Permittee shall not allow
any other vessel to be placed in the Slip.
J. When the Permittee elects to retain the Slip, the purchaser of the vessel will have not more
than thirty- (30) days following the sale to remove the vessel from the Slip. The purchaser
will be charged the daily transient rate for any period the vessel is docked in the Slip after
the thirty- (30) day window period following the sale of the vessel.
K. Any new Permittee, including any assignee or Purchaser, prior to execution of any
assignment or new Permit, must meet with the Marine and Aviation Director or the
Director’s designee and submit for review the following:
i. An application that contains personal and business financial statements
with financial and business references;
ii. A credit report printed no more than thirty (30) days prior to submitting
for the Director’s approval;
iii. A letter indicated all prior related commercial chartering or business
experience;
iv. A copy of the vessel’s insurance policy;
v. Copies of all current business licenses/occupational licenses/business
tax receipts;
vi. Personal references; and
vii. At the Marine and Aviation Director’s or the Director’s designee
discretion, a criminal background check
L. The Marine and Aviation Director or the Director’s designee reserves the right to reject any
application based on false or misleading information, prior or current criminal conviction,
poor credit history, incomplete or inaccurate application information, or any other similarly
related cause.
Attachment number 2
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14. Signage, Dock Offices/Booths, and Display of Fish:
A. All commercial vessels shall display a sign, which shall give the name of the vessel, owner,
captain, and type of operation. With regard to signage, the Permitee acknowledges the
following:
i. Community Development Code section 3-1805(T) allows for one sign
identifying each individual vessel slip at a marina provided such sign does
not exceed four (4) square feet in area and is placed in the vicinity of the slip.
For commercial marinas having separately licensed slips for commercial
vessels, each licensed slip shall be permitted one sign containing not more
than eight (8) square feet in area placed in the vicinity of the slip to identify
the vessel, rate/embarking schedules, or other sign information. Such sign
shall be in addition to marina vessel signs. Per the code, these signs are
allowed without having to obtain a permit.
ii. Small portable signs indicating that the vessel is momentarily away from its
slip may be placed on the dock or seawall. However, when the vessel is in
port (in the Slip) the sign must be kept on board the vessel.
B. Upon returning to the Marina, the operator may display and dress fish as a service to
patrons. However, the Permitee acknowledges and agrees to the following:
i. Fish may be hung from the sign until the end of the day, at which time the
fish are to be removed. Fish shall not be left overnight nor be displayed on
the sidewalk.
ii. All fish remains are to be bagged prior to discarding in compactors in an
effort to minimize odor.
C. Feeding the birds is prohibited.
D. Vehicles advertising business are permitted in the Marina Parking lot so long as the
vehicles are parked in an inconspicuous space away from the right-of-way.
E. Moving signs are prohibited. Televisions displaying commercials or videos of the operation
are considered moving signs.
F. Signs carried, waved or otherwise displayed by persons intended to draw attention for
commercial purposes are prohibited. This includes three-dimensional objects that are used
as signs.
G. The City of Clearwater Community Development Code and City of Clearwater Code of
Ordinances shall be followed at all times. Violation of either the Community Development
Code or the Code of Ordinances may be grounds for the termination of the Permit at the
sole discretion of Marine and Aviation Director or the Director’s designee.
Attachment number 2
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15. Lien against Permittee’s Vessel:
A. The City of Clearwater shall have a lien against the vessel named herein and the vessel’s
appurtenances for unpaid sums due for rental of space or other services, or from damages
caused to docks or other City owned property by the Permittee’s vessel.
16. Breach of Conditions:
A. Should breach of the conditions of this Permit occur, the rights herein conferred shall
terminate immediately and the City of Clearwater may remove or require that the vessel be
removed from the mooring space. The Permittee shall pay any cost incident thereto, and
any unexpired rental shall be forfeited.
17. Force Majeure and Hurricane Plan Requirement:
A. If the Permitee or the City fails to perform all or part of its obligations under this Permit due
to an event of force majeure (meaning an event beyond the reasonable control of the
affected party that is unforeseeable, or unavoidable and beyond remedy if foreseen, and
which happens after the execution of this Permit and renders the full or partial performance
of this Permit impossible or impracticable). Events of force majeure include, but are not
limited to floods, fires, draughts, hurricanes, tornados, and other acts of God, accidents,
strikes, insurrections, turmoil and war (whether declared or not) and any action or inaction
of any governmental authority). The performance of such obligations shall be suspended
during the period during which such performance is affected by the event of force majeure.
B. The Party claiming to be affected by an event of force majeure shall notify the other Party
in writing of the occurrence of such event as soon as possible, and shall, within fifteen (15)
calendar days after the occurrence of such event, provide the other Party by personal
delivery or certified mail with appropriate evidence in support of the occurrence of the event
of force majeure. The Party claiming that its performance under this Permit has become
impossible or impracticable due to an event of force majeure shall make all reasonable
efforts to mitigate the effects of such event of force majeure.
C. If an event of force majeure occurs, both Parties shall immediately consult with each other
regarding the performance of responsibilities per this Permit, and, in the event of cessation
of the event of force majeure, shall immediately resume their respective obligations under
this Permit.
D. The Permittee shall provide a Hurricane Plan to the Marine and Aviation Director or the
Director’s designee. The Hurricane Plan shall be a detailed list of actions on what the
Permittee will do with the vessel in the event of a hurricane. It is strongly recommended
that the Permitee move the vessel from the marina and anchor it in a hurricane hole or
other safe location.
E. If the Permittee elects to leave the vessel at the Marina dock, Permittee must attach to the
Hurricane Plan a diagram that depicts the method to be employed in securing the vessel
during a hurricane/tropical storm. In the event of a major storm, the Marina requires all
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mooring lines to be at least doubled and that the owners secure all loose items and that
multiple fenders be placed on the vessel to protect the vessel and the City dock(s) within
twenty-four (24) hours after having received storm warning from City staff.
F. Prior to the arrival of a major storm, the City will document and record the condition of the
docks and vessels. In the event the “contact persons” named in the Hurricane Plan cannot
be contacted, Marina personnel may secure the vessel(s) as best they can to protect City
property. This does not guarantee in any way that the Permittee’s property will be secured
by City personnel, nor does it release Permittee from liability from damage Permittee’s
vessel creates during a hurricane. Actions on behalf of the City will be taken as weather,
resources and operational commitments allow.
G. The Hurricane Plan must be included as Exhibit 1 of the Permit. Under current law, a
Permittee has the right to leave their vessel at the Marina during a hurricane.
H. The Permittee has a general obligation to keep their vessel in a secure condition at the
dock and do no harm to the dock or other boats. The standards of care are those of a
reasonably prudent vessel owner.
I. Permittee will be notified if high tide reaches the top of the lowest docks and the power will
needs to be shut off to the lowest docks, including the fuel dock pumps until it is safe to be
turned back on.
J. In keeping with State Statute 327.59, The City of Clearwater hereby informs you that in the
event you fail to remove your vessel from the marina promptly (timeframe to be determined
between the marina operator and the vessel owner) after the issuance of a tropical storm
or hurricane watch for Clearwater, Florida, under Florida law, the undersigned or his or her
employees or agents are authorized to remove your vessel, if reasonable, from its slip or
take any and all other reasonable actions deemed appropriate by the undersigned or his or
her employees or agents in order to better secure your vessel and to protect marina
property, private property, and the environment. You are further notified that you may be
charged a reasonable fee for any such action. A reasonable fee will be at least twenty-five
dollars ($25.00) for labor, plus cost of materials and administration. (lines, billing, etc.)
A marina owner, operator, employee, or agent shall not be held liable for any damage
incurred to a vessel from storms or hurricanes and is held harmless as a result of such
actions. Nothing in this section may be construed to provide immunity to a marina
operator, employee, or agent for any damage caused by intentional acts or negligence
when removing or securing a vessel as permitted under this section.
18. Law, Rules Regulations:
A. The City of Clearwater Municipal Marina Rules shall be provided.
B. The Permittee must adhere to the Marina rules and all local, state and federal laws.
Failure to do so will make this Permit null and void, and the Permittee will be required to
vacate the Slip.
C. Marina Rules may be amended from time to time to provide for safety concerns and
what is in the best interest of the City. In the event of a rule change, the modified Rules
will be posted at the Marina and a copy will be sent to those holding Slip Permits.
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19. Entire Agreement – This Permit, together with any additional Addendums and/or Exhibits
attached hereto, shall constitute the entire Agreement between the City and Permitee. No
other Agreements unless incorporated and made a part herein, shall be binding on either
party. No amendment or modification of this Permit shall be effective unless agreed to in
writing by Buyer and the City. This Permit, when fully executed will replace any docking
permit previously issued to the Permittee.
20. Venue – Parties agrees to hereby waive trial by jury in any action or proceeding brought to
enforce the terms of this Permit, and they agree that venue for any proceedings brought to
enforce this Permit is in Pinellas County, Florida.
21. Miscellaneous
A. Should any provision of this Permit or any of the Exhibits attached hereto be deemed
by a Court of competent jurisdiction to be unenforceable, such determination shall not
affect the enforceability of the remaining provisions.
B. Use of one gender shall include all other genders; use of the singular shall include the
plural; and use of the plural shall include the singular, all as may be appropriate.
22. Waiver of any conditions by the City of Clearwater shall not be deemed to be a
continuing waiver.
This Permit consists of paragraphs 1 through 22 above and any additional Exhibits
attached hereto and entered into between Permitee and the City. Additional Exhibits attached
to this Permit are the following: Exhibit 1 - Hurricane Plan and Exhibit 2 – Marina Rules. This is
intended to be a legally binding Agreement and will be effective upon the date last signed by
both the Permitee and the Marine and Aviation Director or the Director’s Designee.
_______________________________ __________________________________
Applicant Date Marine & Aviation Director Date
_____________________________
Applicant Date
Attachment number 2
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EXHIBIT 1
Hurricane Plan for Vessel: ___________________________ Date: __________
Name of Responsible Person/Party:
________________________________________________________________
Home Phone: ____________________ Cell Phone: _______________________
Other Phone: _____________________E-mail: ___________________________
Address: _________________________________________________________
City:____________________________State:__________Zip:_______________
Alternate Responsible Person/Party:
________________________________________________________________
Home Phone: ____________________ Cell Phone: _______________________
Other Phone: _____________________E-mail: ___________________________
Address: _________________________________________________________
City :____________________________State: __________Zip:_______________
The Marina office will contact the person responsible for the Hurricane Plan or their alternate
when a Hurricane Watch is declared for the Clearwater Area. The responsible person or party
or their alternate are required to make arrangements to either secure the vessel in the slip for
the storm or to move it as indicated below. It is the responsibility of the owner to keep contact
information and the hurricane plan current.
Do you intend to leave your vessel in the slip at Clearwater Marina during a hurricane?
Yes_____ No______
If you answered no, please indicate where you will take the vessel or anchor it.
If the answer is Yes, please indicate in the space below exactly how you will secure the vessel
in the slip, showing size and amounts of mooring lines, amount and size of fenders and any
other information you feel is necessary. (A drawing of the vessel and slip will satisfy this
requirement).
Applicant Date Marine & Aviation Director or designee
Attachment number 2
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EXHIBIT 2
Attachment number 2
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Marina Rules
Section 1. Definitions
Section 2. General Regulations
2.01. Compliance with rules and regulations:
a. The Harbormaster or his/her designated representative has authority to take
such actions as may be necessary to safeguard the public in attendance at
the municipal marina, as well as all facilities under his/her control. All persons
employed on or using the marina shall cooperate with the harbormaster and
his/her designated representatives to enforce these Rules and Regulations.
b. Any permission granted by the City, directly or indirectly, expressly, or by
implication or otherwise, to any person to enter or to use the City or any part
thereof, is conditioned upon strict compliance with the Rules and Regulations
of the City.
c. Any permission granted by the City under these Rules and Regulations is
conditioned upon the payment of any and all applicable fees and charges
established by the City.
d. Written procedures and directives issued by the Harbormaster from time to
time shall be considered as addenda to and have full force and effect as
these Rules and Regulations.
e. All marinas located on City property that are owned or controlled by the City
and all persons using or located on such facilities for any reason are subject
to these rules.
f. The City of Clearwater, through the City Manager, has the authority, as
established by the Code of Ordinances; to take such action as may be
necessary in the handling, policy and management of the public in attendance
at the marinas.
g. The Clearwater Municipal marina shall be operated in accordance with the
appropriate Federal and State regulations governing marina management
and operations.
h. All vessels operating from the Clearwater Municipal marina shall be operated
in accordance with the applicable Federal and State regulations governing
vessel operations.
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i. No commercial operation, or business venture of any kind shall be conducted
at the Clearwater Municipal marina unless specifically authorized by the City
Manager or designated representative.
j. The City Manager or designated representative shall have authority to
suspend all vessel movements to and from the Municipal marina when
conditions might make such operations unsafe. (i.e. hurricane conditions)
k. All persons involved in any accident on the Municipal marina or in the vicinity,
resulting in personal injury or damage to vessels, docks, or seawalls, shall
immediately report such accident to the Harbormaster, or designated
representative.
l. All commercial vessels operating from the Municipal marina that are involved
in any accident resulting in personal injury or damage to other vessels, docks,
or seawalls, shall immediately report such accident to the Harbormaster, or
designated representative.
2.02. Other Laws:
a. All applicable provisions of the laws of the State of Florida and ordinances of
the City and/or County now in existence or hereafter promulgated are hereby
adopted by reference as part of the Rules and Regulations of the marina.
2.03. Insurance Certificates:
a. A valid certificate of insurance, or copies of it, shall be deposited at the office
of the Harbormaster by all tenants holding a valid lease, contract, or permit
executed with the City.
b. A valid certificate of insurance shall also be deposited at the office of the
Harbormaster by any contractor, subcontractor, or construction company
functioning on or in marina property. Amounts of liability are to be determined
by the City. All policies shall name the marina and the City, its officers,
servants, agents and employees as additional insured.
2.04. Damage Inspection
a. At the earliest opportunity, a damage inspection of any marina facility involved
in an accident or incident shall be made by the Harbormaster or his/her
designee and the vessel owner or operator to determine the extent of
damages to the dock, seawall, or facilities and appurtenances. Damages so
sustained will be assessed by the Harbormaster as a claim against the Owner
or operator of the vessel.
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2.05. Responsibility for Damages:
a. Any person causing damage to, or destroying, public property of any kind,
including buildings, fixtures, or appurtenances, whether through violation of
these Rules and Regulations, or through any act or omission, shall be fully
liable to the City. Any such damage shall be reported immediately to the
Harbormaster.
2.06. Accident Reports:
a. Any person involved in an accident, whether personal or vessel occurring on
the marina property shall make a full report to the Harbormaster within ten
days. The report shall include, but not be limited to, the names and
addresses of all principals and witnesses, if known, and a statement of the
facts.
2.07. Non-vessel Storage of Equipment
a. Unless otherwise provided for by a lease or other contractual agreement, no
person shall use any area of the marina, including buildings, either privately
owned or publicly owned, for the storage of cargo or any other property or
equipment without the permission of the Harbormaster. If, notwithstanding
the above prohibition, a person, firm, or corporation uses such areas for
storage without first obtaining such permission, the Harbormaster shall have
the authority to order the cargo or any other property removed, or to cause
the same to be removed and stored at the expense of the owner or consignee
without responsibility or liability therefore.
2.08. Hours of Operation:
a. Fuel Dock is open from 6:30 am to 6:30 pm everyday except Christmas
(Dec 25th)
b. Office Hours: The main office is open from 8:00 am to 4:30 pm Monday –
Friday.
2.09. Security:
a. The marina provides a security guard from 9:00 pm to 6:00 am daily.
b. The gates to the main dock will be secured each evening no later than
9:00 pm and as early at 7:00 pm
c. There are security cameras throughout the marina property. The security
camera records are held for 30 days and are then recorded over. If a
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tenant has a security issue, a request form can be filled out to review the
digital security recording for the time of the incident.
2.10. Liability:
a. The City assumes no responsibility for loss, injury, or damage to persons
or property by reason of fire, theft, vandalism, wind, flood, earthquake,
collision, lightning strikes, or acts of God nor does it assume liability for
injury to persons while on the marina property.
2.11. Advertising and Display
a. No person shall post, distribute, or display signs, advertisements,
literature, circulars, pictures, sketches, drawings, or other forms of printed
or written matter in leased space, or the marina property, or buildings,
without the express written permission of the Harbormaster.
b. No person shall post or display signs, pictures, sketches, drawings, or
other forms of printed or written material in public areas at the marina,
without the express written permission of the Harbormaster or his/her
designee.
c. No person, for a commercial purpose, shall post, distribute, or display
signs, advertisements, circulars, pictures, sketches, or engage in other
forms of commercial speech without first complying getting approval from
the Harbormaster or his/her designee.
d. All commercial vessels shall display a sign, which shall give the name of
the vessel, owner, captain and type of operation. Land Development
Code Section 3-1805T allows for a sign of four square feet at a Marina
vessel slip. It also allows for an additional sign of eight square feet for
commercial marinas having separately licensed slips. These two signs
are designed “Exempt Signs” and do not require a city permit. Small
portable signs may be placed on the dock or seawall when the vessel is
underway. In port the owner/captain must keep the portable sign on board
the vessel.
e. Upon returning to the marina, the operator may display and dress fish as a
service to patrons. Fish may be hung from sign until the end of the day, at
which time they are to be removed. Fish may not be left over night. Fish
may not be displayed on sidewalk.
f. Code Enforcement has stipulated that vehicles advertising businesses are
currently permitted in the Marina lot if parked in an inconspicuous space
away from the roadway.
Attachment number 3
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g. A television displaying commercial service is considered a moving sign by
Code and a potential traffic or pedestrian hazard and therefore prohibited.
h. Signs carried, waved or otherwise displayed by persons intended to draw
attention for commercial purpose are also prohibited. This includes three-
dimensional objects that are used as signs.
2.12. Commercial Activities:
a. Private tenants shall not conduct commercial activities from a privately
leased slip.
b. Feeding the birds is prohibited. All fish remains are to be bagged prior to
discarding in compactors in an effort to minimize odor.
Section 3. Personal Conduct:
3.01. Compliance with Signs:
a. The public shall observe and obey all posted signs, fences, and
barricades prohibiting entry upon the marina docks or restricted areas or
governing the activities and demeanor of the public while at the marina.
3.02. Use and Enjoyment of marina premises:
a. No person(s) singularly or in association with others shall by his/her or
their conduct or by congregating with others prevent any other person or
persons lawfully entitled thereto from the use and enjoyment of the marina
and its facilities or any part thereof, or prevent any other person or
persons lawfully entitled thereto from passage from place to place, or
through entrances, exits or passageways on the marina.
b. It shall be unlawful for any person to remain in or on any public area,
place, or facility at the marina, in such a manner as to hinder or impede
the orderly passage in or through or the normal or customary use of such
area, place, or facility by persons or vehicles entitled to such passage.
c. Disorderly conduct, which includes threats to harm people or property of
any other vessel owner, operator, its agents, servants, employees, guest,
invitees, or marina employees or member of the public by a tenant, his
employees or visitors operator, its agents, servants, employees, guest,
invitees will be subject to immediate removal from the marina and may be
grounds for termination of the lease.
Attachment number 3
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d. Public intoxication, profanity or abusive language directed at anyone by
the vessel owner, operator, its agents, servants, employees, guest,
invitees will not be tolerated and will be subject to immediate removal from
the marina.
e. BOAT OWNER’S RESPONSIBILITY; MAINTENANCE:
1) Vessels shall be kept in a seaworthy/operating condition, and shall
create neither fire hazard, eyesore, nor sinking hazard.
2) If a vessel is observed in an unsafe condition, the owner(s) will be
directed by the Marine & Aviation Director or his designee to remove
the vessel from the Marina.
3) Owner(s) agree to remove the vessel upon notification by the City of
an unsafe condition(s) or to be held responsible for all and any
damage caused by the vessel to Marina docks, pilings and structures.
4) The owner shall keep the vessel properly moored and dry within at all
times. Routine maintenance and minor repair necessary for the
preservation and seaworthiness of the vessel such as mechanical
adjustment, minor painting, leak seals and rot prevention may be
performed within the marina. Such repairs are generally considered to
be those which:
• Do not disturb the public peace and tranquility of any person
aboard any vessel within the jurisdiction of the marina.
• Do not contribute to a disorderly or unsightly appearance
during the process of repair or maintenance.
• Are capable of accomplishment with hand tools or certain
portable power tools normally carried aboard the vessel.
• Are confined to the vessel.
• Do not pollute or put wastes in marina waters.
3.03. Environmental Pollution & Sanitation:
a. To the maximum extent possible, each person while on the marina property
shall conduct his/her activities thereon in such a manner as not to cause
littering or any other form of environmental pollution.
b. No refuse shall be thrown overboard at the marina. Garbage and trash shall
be deposited in the dumpsters and trashcans along the dock.
c. Oil spills shall be reported to the National Response Center and the
Harbormaster or his/her designee.
Attachment number 3
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d. Waste Oil – All waste oil must be placed in the waste oil tank, which is located
in the marine service shop area. Waste oil must not be placed in garbage
cans, pails or liners or dumped into marina waters. Sewage pump-out
facilities are available at the fuel dock. This service is available to all permit
holders at no charge.
e. Water shall not be wasted. The Florida Administrative Code 40D-22 states
washing vehicles, cars, boats, boat motors and recreational vehicles may be
washed on any day, at any time when necessary, as long as a shut –off
nozzle or other water efficient device is used. (Except as water restrictions
may be imposed.) All electric, telephone, dock box, and cable will be paid by
the slip tenant.
f. Water usage in the marina shall be limited to the vessels maintenance and up
keep only. Washing of personal or business vehicles in the marina is
prohibited.
3.04. Animals
a. No person shall enter any part of the marina with a domestic animal, unless
such animal is restrained by a leash or is so confined as to be completely
under control.
b. No person shall feed or do any other act to encourage the congregation of
birds or other animals on the marina.
c. All fish remains shall be bagged prior to depositing in dumpster.
d. Fish shall not be displayed on the sidewalk.
3.05. Preservation of Property
a. No person may destroy, injure, deface, or disturb any building, sign,
equipment, marker or other structure, tree, flower, lawn, or other property on
the marina.
b. No person shall skateboard, cycle, rollerblade or use other non-human
propulsion on the sidewalks, docks, or seawalls within the marina.
c. No person shall alter, add to, or erect any building, sign or dock on the marina
or make any other alterations on the marina without the prior written approval
of the Harbormaster.
d. Any person causing or being responsible for injury, destruction, damage, or
disturbance at the marina shall immediately report such incident to the
Harbormaster or his/her designee.
Attachment number 3
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3.06. Lost and Found and Abandoned Property
a. Any person finding lost articles in the public areas at the marina shall
immediately deposit them with the marina office. Articles unclaimed by their
proper owner within ninety (90) days thereafter shall, upon request, be turned
over to the finder in accordance with Chapter 705, Florida Statutes. Nothing
in this paragraph shall be construed to deny the right of marina tenants to
maintain “lost and found” services for property of their patrons, invitees or
employees. Articles to which the Owner or finder is not entitled to lawful
possession shall be forfeited to the Authority for disposal in accordance with
the provision of applicable state law.
b. No person shall willfully abandon any personal property on the marina.
c. Any property, which has been determined by the City to be abandoned, will
be removed, stored, and/or disposed of at the Owner’s expense and in
accordance with appropriate Florida Statutes.
3.07. Alcoholic Beverages and Controlled Substances
a. Alcoholic beverages are prohibited in the public spaces of the marina.
b. No person under the influence of alcoholic beverages or drugs shall operate a
vessel from or within the marina basin or Clearwater Harbor
3.08. Disorderly Conduct
a. No person shall commit any disorderly, obscene, or indecent act or commit
any nuisance, or abandon any personal property within the marina property.
b. No person shall throw, shoot, or propel any object in such a manner as to
interfere with or endanger the safe operation of any vessel.
c. No person shall use profane or abusive language or make any threatening
gestures, towards other vessel owners, operators, its agents, servants,
employees, guests, invitees tenants, marina staff, or other commercial
operators or the general public.
d. No person shall knowingly or willfully make any false statement or report to
the City or its authorized representative.
e. No person shall smoke within 100 feet of any flammable material or in any
public building of the marina.
Attachment number 3
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Section 4. Fire and Safety
4.01. General
a. All persons using the marina shall exercise the utmost care to guard against
fire and injury to persons or property.
b. All applicable City, County State and NFPA codes, and standards and
recommended practices of the City now in existence or hereafter promulgated
and not in conflict with Operating Directives of the City; are hereby adopted
by reference as part of the Rules and Regulations of the Marina. In the event
of conflict, NFPA codes shall prevail, as determined by the City Fire Marshall.
c. Smoking Restrictions: Smoking shall be prohibited and “No Smoking” signs
shall be posted in all areas where fuels and other flammable liquids are
stored or dispensed, in all covered or enclosed boat storage areas, in battery
rooms, and in other such locations.
4.02. Fueling Procedures at Fuel Dock:
a. Before Fueling:
1) Stop all engines and auxiliaries.
2) Shut off all electricity, open flames, and heat sources.
3) Check bilges for fuel vapors.
4) Extinguish all smoking materials.
5) Close access fittings and openings that could allow fuel vapors to enter
the boat’s enclosed spaces.
6) Remove all personnel from the boat except the person handling the
fueling hose.
7) Ensure that a proper fire extinguisher is readily accessible and operational
at the point of fueling.
b. During Fueling:
1) Maintain nozzle contact with fill pipe.
2) Attend fuel-filling nozzle at all times.
3) Wipe up spills immediately.
4) Avoid overfilling.
c. After fueling and before starting engine:
1) Inspect bilges for leakage or fuel odors.
2) Ventilate until odors are removed.
d. Thunderstorm Activity:
1) Fueling operations shall not be conducted during periods of dangerous
thunderstorm activity on the marina, or when thunderstorm activity is
observed within five statute miles of the marina.
Attachment number 3
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4.03. Fire while Fueling
a. When a fire occurs while fueling a vessel, the Fire Department shall be
notified immediately, fueling shall be discontinued immediately and all
emergency shut off valves will be shut down immediately.
4.04. Storage and Handling of Fuels for Personal
Watercraft Liveries.
a. Gasoline and other flammable liquids stored in drums or cans shall be kept
separate from other plant facilities and shall be stored and dispensed in
accordance with applicable requirements of NFPA 30A.
b. “The use of temporary movable tanks or containers used in conjunction with
dispensing of fuel into fuel tanks or marine craft on premises not normally
accessible to the public. Such installations shall only be made with the
approval of the authority having jurisdiction. “ NFPA 1:28-4.8.1
c. All fueling of marine craft shall be conducted in the absence of the public.
d. Conspicuously and legible signs prohibiting smoking shall be posted within
sight of all fueling. Signs shall indicate that smoking materials including
matches and lighters shall not be used within twenty feet.
e. One or more listed fire extinguishers with a minimum classification of 40-B:C
must be provided within 50 feet of all fueling operations.
f. The use of approved D.O.T. portable containers for transportation of gas
conforms to established regulations. Residual gasoline in D.O.T. containers
after fueling of marine craft is considered ancillary.
g. D.O.T. containers containing gasoline product must be removed from the pier
and surrounding area at the close of business daily.
h. Storage and Handling of Paints, Solvents, and Fiberglass-reinforced plastic.
Storage of paints, solvents, and fiberglass resins on docks are strictly
prohibited.
4.05. Smoking:
Smoking or carrying lighted smoking materials or striking matches or other
incendiary devices shall not be permitted on the fuel dock, nor within 100 feet of
the fuel dock, nor during fueling, nor during the loading or unloading of fuel
storage tanks, nor within 100 feet of a flammable liquid spill, nor in any area on
the marina where smoking is prohibited by the City by means of posted signs.
Attachment number 3
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4.0.6. Storage of materials
a. No person shall keep or store flammable material or equipment on city docks
within the marina.
4.0.7. Hazardous Materials:
a. No person shall keep or store hazardous materials on city docks within the
marina.
Section 5. Nautical
5.01. General
a. Compliance with Navigation Rules
All vessel activities within the marina shall be conducted in compliance with the
current applicable U.S. Coast Guard Navigation Rules, City of Clearwater
ordinances, and county and state regulations.
b. Negligent Operations Prohibited
1) No person shall operate vessels in a careless manner or in disregard of
the rights and safety of others.
2) All persons using the marina shall be held liable f or any property damage
caused by the carelessness or negligence of vessel movements within the
marina.
c. Wake Zones
There are several wake zones within Clearwater Harbor. The marina basin is
a no wake zone and all vessels operating in the marina shall be operate
accordingly.
Attachment number 3
Page 11 of 11
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Authorize providing Clearwater residents (domiciliaries) first priority at the City-owned Downtown Boat Slips, ensure public access to
the docks, boardwalks and promenade and adopt Resolution 09-10.
SUMMARY:
In the Downtown Boat Slips referendum, Ordinance 7777-07 required City Council adopt a resolution regulations that provide city
residents first priority for the dedicated boat slips and ensure public access to the docks, boardwalks and promenade.
By approving Resolution 09-10, City Council agrees to provide city-owned publicly accessible docks, moorings and promenade on the
property generally bounded by Drew Street, Pierce Street, the Intracoastal Waterway Channel and the Bluff. Council also stipulates
that Clearwater residents (domiciliaries) will have first priority of the boat slips.
Legal has clarified residency for us. Residence merely requires bodily presence as an inhabitant in a given place, whereas domicile
requires bodily presence in that place and also an intention to make it one’s permanent home. They explain one way of grasping this
concept is to understand that acquiring a legal residence, or domicile, is like becoming a citizen of a particular state. As a “citizen” –
that is, a resident or domiciliary of a state-a person may enjoy benefits afforded only to domiciliaries of that particular state, such as the
right to receive in-state tuition rates to colleges and universities. As such, the law analyzes an individual’s intent, rather than time spent
in a given place, to determine an individual’s domicile.
A few criteria to be used in evaluating if a Lottery applicant is a legal resident (domiciliary) of Clearwater will be where the applicant
claims their homestead exemption, a copy of their most recent lease agreement if they rent, the address where the applicant is registered
to vote and the address indicated on the applicants latest federal income tax return.
The public will not be restricted from access to the promenade. The promenade is not connected to the docks. The public docks will be
accessible to the general public from 6:30 A.M. to 9:00 P.M. After 9:00 P.M. the gates will be locked, and only boat slip tenants will
have access with a key. These are the same hours as the Municipal Marina.
On April 17, 2008, City Council passed Ordinance 7927-08 setting time limits on the time boaters can spend on public docks such as
the Island Way Grill and the Recreation Center. It was determined that boaters of non-leased public docks shall not be permitted to
occupy City-owned public docks during the period each night between 10:00 P.M. and 8:00 A.M. This same restriction will apply to the
Downtown Boat Slips at the public docks.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager ED 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Resolution No 09-10
RESOLUTION NO. 09-10
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
PROVIDING A CITY-OWNED PUBLIC FACILITY ON THE
DOWNTOWN WATERFRONT, ON THE PROPERTY GENERALLY
BOUNDED BY DREW STREET, PIERCE STREET, THE
INTRACOASTAL WATERWAY CHANNEL AND THE BLUFF, THE
FOLLOWING: CITY-OWNED PUBLICLY ACCESSIBLE DOCKS,
MOORINGS AND PROMENADE; NOT MORE THAN 140
DEDICATED BOAT SLIPS FOR WHICH CLEARWATER LEGAL
RESIDENTS (DOMICILIARIES) SHALL HAVE FIRST PRIORITY.
THE PUBLICLY ACCESSIBLE DOCKS SHALL BE ACCESSIBLE BY
THE GENERAL PUBLIC FROM 6:30 A.M. TO 9:00 P.M.
IN KEEPING WITH THE INTENT OF ORDINANCE 7927-08 ON
PUBLIC DOCKS, NO VESSEL SHALL BE PERMITTED TO OCCUPY
THE CITY-OWNED, PUBLIC USE DOWNTOWN BOAT DOCKS
DURING THE PERIOD EACH NIGHT BETWEEN 10:00 P.M. AND
8:00 A.M., EXCEPT IN AN EMERGENCY AS AUTHORIZED BY THE
CITY HARBOR MASTER. THE HARBOR MASTER SHALL HAVE
SOLE DISCRETION IN DETERMINING WHAT CONSTITUTES AN
EMERGENCY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, City Council agrees to provide city residents (domiciliaries)
first priority for the dedicated Downtown Boat Slips and ensure public access to
the docks, boardwalks, and promenade; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CLEARWATER, FLORIDA;
Section 1. The City Council hereby agrees to provide city-owned publicly
accessible docks, moorings and promenade with not more than 140 dedicated
boat slips for recreational non-commercial vessels, which Clearwater legal
residents (domiciliaries) shall have first priority. The publicly accessible docks shall
be accessible by the general public to traverse from 6:30 a.m. to 9:00 p.m.
No vessel shall be permitted to occupy the City-owned, public use
downtown boat docks during the period each night between 10:00 p.m. and 8:00
a.m., except in an emergency as authorized by the City Harbor Master. The
Harbor Master shall have sole discretion in determining what constitutes an
emergency.
Attachment number 1
Page 1 of 2
Resolution No 09-10
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of ____________ 2009
____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Camilo A. Soto Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Approve establishing a new Capital Improvement Project (315-93615) entitled the “Aging Well Center” for $1,029,720 and approve a
Florida Department of Elder Affairs (DOEA) Senior Center Fixed Capital Outlay Grant agreement to renovate, equip and furnish the
Aging Well Center located at the Long Center, in the amount of $727,500, between the State of Florida Department of Elder Affairs and
the City of Clearwater and authorize the appropriate officials to execute same.
SUMMARY:
The purpose of this agreement is to set forth the conditions that must be satisfied by the City prior to disbursement of DOEA funds as
well as any restrictions that might be imposed on the project site prior to reimbursement for project costs.
The project will renovate, equip, and furnish space at the Long Center to create the Aging Well Center. The space, which consists of
approximately 7,700 square feet, was previously leased by UPARC as a cafeteria, classrooms and restrooms. In August 2008, the City
and UPARC reached an agreement, decreasing the area to be occupied and used by UPARC so that the Aging Well Center could be
developed.
The Aging Well Center will expand programs and services for Clearwater’s large and growing older adult community. Programs and
services will promote health and wellness, education, recreation, socialization and access to resources. The proposed project maximizes
all of the existing amenities at the Long Center.
Funding for the new CIP project will come from the following:
Department of Elder Affairs Grant $727,500
CIP 315-94524 Long Center Infrastructure Improvements $242,500
010-01816-530300-572 (Architectural Contract) $59,720
$1,029,720
First quarter budget amendments will reflect the transfer of $242,500 from project 315-94524, Long Center Improvements to project
315-93615, Aging Well Center. In addition, a transfer of $59,720 of operating savings in the Parks and Recreation operating budget to
project 315-93615, Aging Well Center, will fund the architectural costs for the project.
It is anticipated that the Aging Well Center’s annual operating costs will be $102,000, which includes 1.5 full time equivalent (FTE)
personnel costs. An endowment fund is being developed to address these costs. Senior Citizens Services, Inc., has expressed interest in
contributing towards an endowment. The endowment will be similar to the existing Long Center Foundation endowment. If the
endowment is not fully realized prior to the completion of the senior center renovations, then the Parks and Recreation department will
reallocate personnel and resources from existing facilities, which may include the Office on Aging Manager assuming operational
responsibilities at the Center.
In addition, staff is recommending that for this agreement that Kerry Marsalek, Office on Aging Manager be appointed as “key contact”
and the City Manager or his designee to be appointed to execute all documents relating to this project.
A copy of the agreement is available for review in the Office of Official Records and Legislative Services.
Type:Capital expenditure
Current Year Budget?:No Budget Adjustment:Yes
Budget Adjustment Comments:
Approve new CIP project totaling $1,029,720.
Current Year Cost:1,029,720 Annual Operating Cost:102,000
Not to Exceed:1,029,720 Total Cost:1,131,720
For Fiscal Year:2008 to 2009
Cover Memo
Appropriation Code Amount Appropriation Comment
315-93615 727,500 Department of Elder Affairs Grant
315-94524 242,500 Long Center Infrastructure Improvements
010-01816-530300-572 59,720 Funds used for architectural services in FY 07/08
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City
Manager 7) Clerk
Cover Memo
January 2009 MOU# XQ913
City of Clearwater
(Project Name: The Aging Well Center)
and
State of Florida
Department of Elder Affairs
MEMORANDUM OF UNDERSTANDING
FOR
Senior Center Fixed Capital Outlay
State Grants and Aids
THIS MEMORANDUM OF UNDERSTANDING, entered into this 2nd day of January, 2009, by
and between the State of Florida, Department of Elder Affairs, hereinafter referred to as the
"department," and the City of Clearwater hereinafter referred to as the "recipient."
WITNESSETH:
WHEREAS the State of Florida, Department of Elder Affairs, by authority granted in Chapters
20, 216 and 430 of the Florida Statutes, administers state funds appropriated by the Florida
Legislature, and
WHEREAS $10,000,000 was appropriated by the Florida State Legislature to the department in
Line Item 496A of Fiscal Year 2008-2009 General Appropriations Act, Section 3-Human
Services, grants and aids to local governments and non-state entities – fixed capital outlay
grants and aids– senior citizen centers from general revenue fund, and
WHEREAS City of Clearwater has received $727,500.00 for The Aging Well Center in Pinellas
County, and
WHEREAS there is a need to provide a facility for provision of fixed capital improvement to
construct, repair and maintain Florida’s senior centers in order to fulfill legislative intent, and
WHEREAS the department has received from the recipient the Attachment 1 (approved Letter
of Intent or Facility Program) for the development and provision of fixed capital improvement for
projects to construct, repair and maintain Florida’s senior centers.
IT IS THEREFORE agreed between the department and the recipient as follows:
I. THE RECIPIENT AGREES:
A. Services to be Provided
To plan, develop and accomplish the projects described in Attachment I and
activities specified in I.B. of this Memorandum of Understanding or otherwise
cause the planning, development and accomplishment of such projects and
activities.
B. Manner of Provision of Services
1
Attachment number 1
Page 1 of 26
See Attachment I, Letter of Intent or Facility Program
C. State Laws and Regulations
1. To obtain all supplies and services for use in the performance of this
Memorandum of Understanding at the lowest practicable cost and to
purchase by means of a system of competitive bidding wherever required to
do so by law, or whenever practicable even if not required by law.
2. To comply with all state licensing standards, all applicable standards, criteria
and guidelines of the department.
D. Civil Rights Requirements
1. The Recipient assures compliance with:
a. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et
seq., which prohibits discrimination on the basis of race, color, or national
origin.
b. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e [2]
et seq., which prohibits discrimination by covered employers on the basis
of race, color, religion, sex or national origin.
c. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C.
794, which prohibits discrimination on the basis of disability.
d. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C.
1681 et seq., which prohibits discrimination on the basis of sex.
e. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq.,
which prohibits discrimination on the basis of age.
f. Section 654 of the Omnibus Budget Reconciliation Act of 1981, as
amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of
race, creed, color, national origin, sex, disability, political affiliation or
beliefs.
g. The Americans with Disabilities Act of 1990, P.L. 101336, which prohibits
discrimination on the basis of disability and requires reasonable
accommodation for persons with disabilities.
h. All regulations, guidelines and standards as are now or may be lawfully
adopted under the above statutes.
2. The recipient agrees that compliance with these requirements constitutes a
condition of continued receipt of or benefit from funds provided through this
Memorandum of Understanding, and that it is binding upon the recipient, its
successors, transferees and assignees for the period during which services
are provided or obligations under this Memorandum of Understanding
continue. The recipient further assures that all contractors, subcontractors,
sub grantees, or others with whom it arranges to provide services or benefits
to participants or employees in connection with any of its programs and
2
Attachment number 1
Page 2 of 26
activities are not discriminating against those participants or employees in
violation of the above statutes, regulations, guidelines and standards.
E. Audit and Records
1. To maintain complete, accurate and adequate financial records and reports
relating to funds received under this Memorandum of Understanding and
expenditures made with those funds.
2. To maintain books, records, documents including electronic storage media
and the evidence and accounting procedures, practices and internal controls
which sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Memorandum of Understanding.
3. All records shall be subject at all times to inspection, review, copying or audit
by authorized state personnel and other personnel duly authorized by the
department.
4. To include these aforementioned audit, in Attachment 2 and record keeping
requirements in all approved subcontracts and assignments.
F. Retention of Records
To retain all financial records, supporting documents, statistical records and any
other documents including electronic storage media pertinent to this
Memorandum of Understanding for a period of not less than six (6) years after
the ending date of this Memorandum of Understanding. If audit findings have not
been resolved at the end of the six (6) year period, the records shall be retained
until resolution of the audit findings. State auditors and any persons duly
authorized by the department shall have full access to, and the right to examine
any of the said materials at any time during regular business hours.
G. Status Reports
To provide the Department with the Senior Center Fixed Capital Outlay Grant
Monthly Status Report, see Attachment 5. Monthly status reports are due by the
15th day of each month. The report will be numbered sequentially and shall
reference the MOU number and project name. Detail should be sufficient so that
the department has a clear understanding of the project status during the
reporting period. The report shall also include anticipated expenditures for the
next three months.
H. Indemnification
The recipient agrees to be liable for all claims, suits, judgments, or damages,
including court costs and attorney's fees, arising out of the negligent or
intentional acts or omissions of the recipient, and its agents, subcontractors and
employees, in the course of the operation of this Memorandum of Understanding.
Further, the recipient agrees to indemnify the department against all claims,
suits, judgments, or damages, including court costs and attorney's fees, arising
out of the negligent or intentional acts or omissions of the recipient, and its
agents, subcontractors, and employees, in the course of the operation of this
Memorandum of Understanding. Also, the recipient agrees to defend the
department, upon receiving written notification from the department, against all
3
Attachment number 1
Page 3 of 26
claims, suits, judgments, or damages, including costs and attorney's fees, arising
out of the negligent or intentional acts or omissions of the recipient and its
agents, subcontracts, and employees, in the course of the operation of this
Memorandum of Understanding. In no event shall the recipient be liable for or
have any obligation to defend the department against such claims, suits,
judgments or damages, including costs and attorney's fees, arising out of the
sole negligent acts of the department.
I. Publicity and Public Notice
All notices, informational pamphlets, press releases, research reports and similar
public notices referencing the construction, repair and/or maintenance of this
building and prepared and released by the recipient shall include the statement:
"This project is funded under a Memorandum of Understanding with the State of
Florida, Department of Elder Affairs."
J. Safeguarding Recipient Information
The recipient shall not use or disclose any information concerning the eventual
recipients of services under this Memorandum of Understanding for any purpose
not in conformity with state and federal regulations, as determined by the
department, except on written consent of the recipient of services, recipient of
services’ attorney, or recipient of services’ responsible parent or guardian.
K. Monitoring
The recipient shall permit department personnel or representatives to monitor the
projects that are the subject of this Memorandum of Understanding.
L. Public Access
To allow public access to all documents, papers, letters, or other materials
subject to the provisions of Chapter 119, Florida Statutes, and made or received
by the recipient in conjunction with this Memorandum of Understanding.
M. Security Interest
1. By signing this Memorandum of Understanding the recipient acknowledges
and agrees that its acceptance of funds for the purpose of construction,
repair and/or maintenance of the property is subject to the conditions set forth
below.
2. In accordance with s. 216.348(3), F.S., if the grantee, as defined in s.
216.348 (1)(c), F.S., is acquiring real property with the grant, or if the grantee
owns the real property upon which an improvement is being constructed,
renovated, altered, modified, or maintained with the grant, the grantee must
execute, deliver, and record in the county in which the subject property is
located a lien that:
a. States a correct legal description of the real property.
b. Sets forth with specificity the buildings, appurtenances, fixtures, fixed
equipment, structures, improvements, renovations, and personalty to be
purchased pursuant to the grant.
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c. During the term of the agreement, prohibits the grantee from selling,
transferring, mortgaging, or assigning the grantee's interest in the real
property, unless the administering agency approves the sale, transfer,
mortgage, or assignment; and, in the case of sale, transfer, or
assignment, the purchaser, transferor, or assignee must fully assume, in
writing, all of the terms and conditions of the agreement required by this
subsection. The administering agency may not agree to subordinate a
mortgage.
If the grantee, as defined in s. 216.348 (1)(c), F. S., is not acquiring real
property, or does not own the real property being improved, the agreement
shall:
a. Specify the leasehold or other real property interest the grantee has in the
real property.
b. State the name of the owner of the real property.
c. Describe the relationship between the owner of the real property and the
grantee.
d. Set forth with specificity the improvements, renovations, and personalty to
be purchased pursuant to the grant.
e. During the term of the agreement, prohibit the grantee from selling,
transferring, mortgaging, or assigning the grantee's interest in the
leasehold, improvements, renovations, or personalty, unless the
administering agency approves the sale, transfer, mortgage, or
assignment; and, in the case of sale, transfer, or assignment, the
purchaser, transferor, or assignee must fully assume, in writing, all of the
terms and conditions of the agreement required by this subsection.
Additionally, the grantee shall execute and deliver a security instrument,
financing statement, or other appropriate document securing the interest
of the administering agency in the improvements, renovations, and
personalty associated with the grant.
3. The department's interest shall commence at the time the funds are
transferred to the recipient and shall be proportionately amortized and
subsequently vacated over a 20-year period. The recipient may request that
the department relinquish its interest sooner if circumstances arise and if the
department finds that early retirement is in the best interest of the state. The
decision to approve such a request is the exclusive determination of the
department and shall not be reviewable by any court or administrative forum.
4. As required by s. 287.05805, F. S., recipients agree to grant the department a
security interest in the property at least to the amount of state funds provided
for at least five (5) years from the date of purchase or the completion of the
improvements unless otherwise specified or required by law.
5. The recipient shall notify the department in writing of the date of completion
of construction, repair or maintenance and shall maintain a copy of the
notification in its files together with a written acknowledgment of the
department's receipt of the notification of completion. The recipient must
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notify the department in writing a minimum of 30 days prior to any change in
the equitable ownership of the property and agrees that, if it or its successors
in interest dispose of the property before the department's interest is
completely satisfied, the recipient will refund the proportionate share of the
state's investment. In the event the recipient fails to notify the department a
minimum of 30 days prior to any change in the equitable ownership of the
property, or fails to notify the prospective new equitable owner of the
existence of the department’s interest, the recipient shall forthwith and
immediately refund to the state the total number of dollars transferred
pursuant to this Memorandum of Understanding.
N. Public Entity Crime
Pursuant to section 287.133, Florida Statutes, the following restrictions are
placed on the ability of persons convicted of public entity crimes to transact
business with the department:
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or repair
of a public building or public work; may not submit bids, proposals, or replies on
leases of real property to a public entity; may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of
36 months following the date of being placed on the convicted vendor list.
II. THE DEPARTMENT AGREES:
A. Consultation
To furnish consultation and technical assistance to the recipient, if requested.
B. Method of Payment for Services
The following procedures for payment will apply:
1. In no event will payment be made under Section II.B. for matching grant
situations under the Memorandum of Understanding unless recipient
illustrates to the department that the project is fully funded with proper
matching funds as specified in the Letter of Intent or Facility Program.
2. Subject to the availability of state funds, the department shall award to the
recipient a sum not to exceed $727,500.00 during the term of this
Memorandum of Understanding.
3. In no event will payment be made by the department in excess of
$727,500.00 as agreed upon by all parties to this Memorandum of
Understanding.
6
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4. Payment shall be made as work is completed in accordance with Attachment
1 (approved Letter of Intent or Facility Program) and submission of invoice,
which is in Attachment 3 of this MOU.
5. Payment shall be made in accordance with section 215.422, Florida Statute
and after the submission and approval of a complete and accurate invoice
and supporting documentation.
6. The department may advance parts or the whole of any advances before they
become due if it is agreed by the parties and advisable to do so and all such
advances or releases shall be deemed to have been made in pursuance of
this Memorandum of Understanding and not to be a modification hereof. The
making of any such advance, or any part of such advance shall not be
deemed an approval or acceptance by the department of the work therefore
done. Written justification for advancements must be documented on the
recipient’s letterhead.
7. All sums advanced hereunder shall be used by the recipient solely and
exclusively for the purposes intended, to wit: fixed capital outlay project to
construct, repair and maintain Florida’s Senior Centers.
8. Upon completion of the project, a final accounting will be made and any funds
not used in the completion of the project shall be returned to the department
within thirty (30) days after the final accounting report is submitted to the
department.
9. Any interest earned from advanced moneys shall be returned to the
department.
III. THE DEPARTMENT AND THE RECIPIENT MUTUALLY AGREE:
A. Effective Date
1. This Memorandum of Understanding shall be effective January 2, 2009, or on
the date in which the Memorandum of Understanding has been signed by
both parties, whichever is later.
2. This Memorandum of Understanding shall end on December 31, 2011.
B. Termination
1. Termination Because of Lack of Funds: It is agreed that in the event funds to
finance this Memorandum of Understanding become unavailable, the
obligations of each party, hereunder may be terminated upon no less than
twenty-four (24) hours notice in writing to the other party. Said notice shall be
delivered by certified mail, return receipt requested, or in person with proof of
delivery. The department shall be the final authority as to the availability of
state funds, and as to how any available funds will be allocated among
recipients. Any payments advanced by the department are to be repaid as
described in Section II above.
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2. Termination for Breach: Unless the recipient's breach is excused, the
department may, by written notice of breach to the recipient, terminate the
whole or any part of this Memorandum of Understanding in any of the
following circumstances:
a. If the recipient fails to provide services called for by this Memorandum of
Understanding within the time specified herein or any extension thereof;
or
b. If the recipient fails to perform any of the other provisions of this
Memorandum of Understanding.
c. Termination shall be upon no less than twenty-four (24) hours notice in
writing delivered by certified mail, return receipt requested, or in person
with proof of delivery. The recipient shall continue the performance of this
Memorandum of Understanding to the extent not terminated under the
provisions of this clause.
3. Waiver of Breach of any provision of this Memorandum of Understanding
shall not be deemed to be a waiver of any other or subsequent breach and
shall not be construed to be a modification of the terms of the Memorandum
of Understanding.
C. Termination Arrangements
After receipt of a notice of termination, and except as otherwise directed, the
recipient shall:
1. Stop work under the Memorandum of Understanding on the date and to the
extent specified in the notice of termination.
2. Place no further orders or contracts for materials, services or facilities except
as may be necessary for completion of such portion of work under the
Memorandum of Understanding as is not terminated.
3. Terminate all outstanding orders and contracts to the extent that they relate
to the performance of work that was terminated.
4. Prepare all necessary reports and documents required under the terms of the
Memorandum of Understanding up to the date of termination, including the
final report due upon completion of the Memorandum of Understanding, if
any, without reimbursement for services rendered in completing said reports
beyond termination date if said reports are not completed prior to termination
date.
5. Take any other actions as directed in writing by the department.
6. Immediately return all unexpended funds to the department.
D. Renegotiation or Modification
Any alterations, variations, modifications, or waivers of provisions of this
Memorandum of Understanding shall only be valid when they have been reduced
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to writing, duly signed by all parties hereto, and attached to the original of this
Memorandum of Understanding.
E. Name of Payee
The name of the official payee to whom the department shall issue warrants shall
be City of Clearwater. The payee's Federal Employer Identification Number is
59-6000289.
F. Use of Funds for Lobbying Prohibited
The recipient will comply with the provisions of section 216.347, Florida Statutes,
which prohibits the expenditure of grants and aids appropriations for the purpose
of lobbying the Legislature, the judicial branch or a state agency.
G. All Terms and Conditions Included in Memorandum of Understanding
This Memorandum of Understanding and its incorporated attachments contain all
the terms and conditions agreed upon by the parties. No other agreements, oral
or otherwise, regarding the subject matter of this Memorandum of Understanding
shall be deemed to exist or to bind any of the parties hereto. In the event of a
breach or termination of this agreement, the recipient agrees to pay all costs of
collection of monies due to the department including a reasonable attorney’s fee
and costs. Any real property purchased with funds paid pursuant to this
agreement shall be subject to a lien in favor of the State of Florida.
H. Attachments to be Part of Memorandum of Understanding
Attachment 1 Approved Letter of Intent/Facility Program
(previously submitted to the department)
Attachment 2 Audit Attachment
Attachment 3 Standard Budget Forms
DOEA 105f Receipts and Expenditure Report
DOEA 106f Request for Payment
DOEA 107f Senior Centers Statement of Use of Funds
Attachment 4 Lien – If Applicable
Attachment 5 Senior Center Fixed Capital Outlay Grant Monthly Status Report
I. Notice, Contact, and Payee Information:
1. The name, address, and telephone number of the contract manager for
the department for this contract is:
Department of Elder Affairs
Connie Hall
4040 Esplanade Way
Tallahassee, Florida 32399
(850) 414-2000 SC 994-2000
2. The name, address, and telephone number of the representative of the
provider responsible for administration of the program under this contact is:
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City of Clearwater
Kerry Kimball Marsalek
100 S. Myrtle Avenue
Parks and Recreation Department
Clearwater, FL 33758-4748
(727) 562-4830
3. In the event different representatives are designated by either party after
execution of this contract, notice of the name and address of the new
representative will be rendered in writing to the other party and said
notification attached to originals of this contract
10
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11
IN WITNESS WHEREOF the parties hereto have executed this 11 page Memorandum
of Understanding, the day and year previously written.
RECIPIENT:
________________________________________
By: _____________________________________
Name: __________________________________
Title: ____________________________________
Date: ___________________________________
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
STATE OF FLORIDA
DEPARTMENT OF ELDER AFFAIRS
By: ____________________________________
Name: _________________________________
Title: ___________________________________
Date: ___________________________________
APPROVED AS TO FORM AND LEGALITY
General Counsel’s Office
Department of Elder Affairs
By: ___________________________________
Attachment number 1
Page 11 of 26
INDEX TO MOU ATTACHMENTS
ATTACHMENT ATTACHMENT DESCRIPTION PAGE
ATTACHMENT I APPROVED LETTER OF INTENT/FACILITY PROGRAM 13
ATTACHMENT II AUDIT ATTACHMENT 14-18
ATTACHMENT III STANDARD BUDGET FORMS 19-22
ATTACHMENT IV LIEN (To be filed after MOU is executed) 23-25
ATTACHMENT V SENIOR CENTER FIXED CAPITAL OUTLAY GRANT
MONTHLY STATUS REPORT
26
12
Attachment number 1
Page 12 of 26
ATTACHMENT I
Signed Letter of Intent, previously submitted by grant recipient
(Original document in contract file)
13
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Page 13 of 26
ATTACHMENT II
FINANCIAL AND COMPLIANCE AUDIT
The administration of resources awarded by the Department of Elder Affairs to the provider may be subject to audits and/or
monitoring by the Department of Elder Affairs, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215.97, F.S., (see
“AUDITS” below), monitoring procedures may include, but not be limited to, on-site visits by Department of staff, limited scope
audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the provider
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Elder
Affairs. In the event the Department of Elder Affairs determines that a limited scope audit of the provider is appropriate, the
provider agrees to comply with any additional instructions provided by the Department of Elder Affairs to the provider regarding
such audit. The provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed
necessary by the Chief Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the provider is a State or local government or a non-profit organization as defined in OMB Circular A-
133, as revised.
In the event that the provider expends $500,000 or more in Federal awards during its fiscal year, the provider must have a single
or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this
agreement indicates Federal resources awarded through the Department of Elder Affairs by this agreement. In determining the
Federal awards expended in its fiscal year, the provider shall consider all sources of Federal awards, including Federal resources
received from the Department of Elder Affairs. The determination of amounts of Federal awards expended should be in
accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the provider conducted by the
Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part.
In connection with the audit requirements addressed in Part I, paragraph 1, the provider shall fulfill the requirements relative to
auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
If the provider expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the
provisions of OMB Circular A-133, as revised, is not required. In the event that the provider expends less than $500,000 in
Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-
133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from
provider resources obtained from other than Federal entities.)
An audit conducted in accordance with this part shall cover the entire organization for the organization’s fiscal year.
Compliance findings related to agreements with the Department of Elder Affairs shall be based on the agreement’s requirements,
including any rules, regulations, or statutes referenced in the agreement. The financial statements shall disclose whether or not
the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Department of
Elder Affairs shall be fully disclosed in the audit report with reference to the Department of Elder Affairs agreement involved. If
not otherwise disclosed as required by Section .310(b)(2) of OMB Circular A-133, as revised, the schedule of expenditures of
Federal awards shall identify expenditures by agreement number for each agreement with the Department of Elder Affairs in
effect during the audit period. Financial reporting packages required under this part must be submitted within the earlier of 30
days after receipt of the audit report or 9 months after the end of the provider’s fiscal year end.
PART II: STATE FUNDED
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Attachment number 1
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15
This part is applicable if the provider is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
In the event that the provider expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal
year of such provider (for fiscal years ending September 30, 2004 or thereafter), the provider must have a State single or project-
specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of
Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules
of the Auditor General. EXHIBIT I to this agreement indicates state financial assistance awarded through the Department of
Elder Affairs by this agreement. In determining the state financial assistance expended in its fiscal year, the provider shall
consider all sources of state financial assistance, including state financial assistance received from the Department of Elder
Affairs, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-
through awards and resources received by a nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in Part II, paragraph 1, the provider shall ensure that the audit complies with
the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by
Section 215.97(2), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General.
If the provider expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending September 30,
2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In
the event that the provider expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the
nonstate entity’s resources (i.e., the cost of such an audit must be paid from the provider resources obtained from other than
State entities).
An audit conducted in accordance with this part shall cover the entire organization for the organization’s fiscal year.
Compliance findings related to agreements with the Department of Elder Affairs shall be based on the agreement’s requirements,
including any applicable rules, regulations, or statutes. The financial statements shall disclose whether or not the matching
requirement was met for each applicable agreement. All questioned costs and liabilities due to the Department of Elder Affairs
shall be fully disclosed in the audit report with reference to the Department of Elder Affairs agreement involved. If not
otherwise disclosed as required by Rule 69I-5.003, Fla. Admin. Code, the schedule of expenditures of state financial assistance
shall identify expenditures by agreement number for each agreement with the Department of Elder Affairs in effect during the
audit period. Financial reporting packages required under this part must be submitted within 45 days after delivery of the audit
report, but no later than 12 months after the provider’s fiscal year end for local governmental entities. Non-profit or for-profit
organizations are required to be submitted within 45 days after delivery of the audit report, but no later than 9 months after the
provider’s fiscal year end. Notwithstanding the applicability of this portion, the Department of Elder Affairs retains all right and
obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to law.
PART III: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I
of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the
provider directly to each of the following:
The Department of Elder Affairs at each of the following addresses:
Department of Elder Affairs
Attn: Connie Hall
4040 Esplanade Way Office 335J
Tallahassee, FL 32399-7000
Attachment number 1
Page 15 of 26
16
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections
.320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised.
Pursuant to Sections .320(f), OMB Circular A-133, as revised, the provider shall submit a copy of the reporting package
described in Section .320(c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the
Department of Elder Affairs at each of the following addresses:
Department of Elder Affairs
Attn: Connie Hall
4040 Esplanade Way Office 335J
Tallahassee, FL 32399-7000
Additionally, copies of financial reporting packages required by Part II of this agreement shall be submitted by or on behalf of
the provider directly to each of the following:
The Department of Elder Affairs at each of the following addresses:
Department of Elder Affairs
Attn: Connie Hall
4040 Esplanade Way Office 335J
Tallahassee, FL 32399-7000
The Auditor General’s Office at the following address:
State of Florida Auditor General
Claude Pepper Building, Room 574
111 West Madison Street
Tallahassee, Florida 32399-1450
Any reports, management letter, or other information required to be submitted to the Department of Elder Affairs pursuant to
this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
Providers, when submitting financial reporting packages to the Department of Elder Affairs for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules
of the Auditor General, should indicate the date that the reporting package was delivered to the provider in correspondence
accompanying the reporting package.
PART IV: RECORD RETENTION
The provider shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six
years from the date the audit report is issued, and shall allow the Department of Elder Affairs or its designee, the CFO or Auditor
General access to such records upon request. The provider shall ensure that audit working papers are made available to the
Department of Elder Affairs, or its designee, CFO, or Auditor General upon request for a period of six years from the date the
audit report is issued, unless extended in writing by the Department of Elder Affairs.
Attachment number 1
Page 16 of 26
17
ATTACHMENT II
EXHIBIT – 1
1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT
TOTAL FEDERAL AWARD
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
The contractor (recipient) must comply with the applicable provisions of specific law(s), rule(s), or regulation(s).
2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF
THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS
PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT
TOTAL FEDERAL AWARD $0
STATE FINANCIAL ASSISTANCE SUBJECT TO Sec. 215.97, F.S.
PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT
Fixed Capital Outlay: Senior Center Grant GR 65.013 $727,500.00
TOTAL AWARD $727,500.00
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
Attachment number 1
Page 17 of 26
18
ATTACHMENT II
EXHIBIT-2
PART I: AUDIT RELATIONSHIP DETERMINATION
Providers who receive state or federal resources may or may not be subject to the audit requirements of OMB Circular A-133, as revised,
and/or Section 215.97, Fla. Stat. Providers who are determined to be recipients or subrecipients of federal awards and/or state financial
assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of Exhibit 1 are met.
Providers who have been determined to be vendors are not subject to the audit requirements of OMB Circular A-133, as revised, and/or
Section 215.97, Fla. Stat. Regardless of whether the audit requirements are met, providers who have been determined to be recipients or
subrecipients of Federal awards and/or state financial assistance, must comply with applicable programmatic and fiscal compliance
requirements.
In accordance with Sec. 210 of OMB Circular A-133 and/or Rule 691-5.006, FAC, provider has been determined to be:
_____ Vendor or exempt entity and not subject to OMB Circular A-133 and/or Section 215.97, F.S.
__X__ Recipient/subrecipient subject to OMB Circular A-133 and/or Section 215.97, F.S.
NOTE: If a provider is determined to be a recipient /subrecipient of federal and or state financial assistance and has been approved by the
department to subcontract, they must comply with Section 215.97(7), F.S., and Rule 69I-.006(2), FAC [state financial assistance] and Section
_ .400 OMB Circular A-133 [federal awards].
PART II: FISCAL COMPLIANCE REQUIREMENTS
FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal awards or state
matching funds on Federal awards and who are determined to be a subrecipient, must comply with the following fiscal laws, rules and
regulations:
STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW:
2 CFR Part 225 Cost Principles for State, Local and Indian Tribal Governments (Formerly OMB Circular A-87)*
OMB Circular A-102 – Administrative Requirements
OMB Circular A-133 – Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
NON-PROFIT ORGANIZATIONS MUST FOLLOW:
2 CFR Part 230 Cost Principles for Non-Profit Organizations (Formerly OMB Circular A-122 – Cost Principles)*
2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-110 – Administrative Requirements)
Requirements)
OMB Circular A-133 – Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW:
2 CFR Part 220 Cost Principles for Educational Institutions OMB (Formerly Circular A-21 – Cost Principles)*
2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-110 – Administrative Requirements)
OMB Circular A-133 – Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
*Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the OMB Circular A-133
Compliance Supplement, Appendix 1.
STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a
recipient/subrecipient, must comply with the following fiscal laws, rules and regulations:
Section 215.97, Fla. Stat.
Chapter 69I-5, Fla. Admin. Code
State Projects Compliance Supplement
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
Attachment number 1
Page 18 of 26
19
ATTACHMENT III
RECEIPTS AND EXPENDITURE REPORT
FIXED CAPITAL OUTLAY
This Report Period:
RECIPIENT NAME, ADDRESS, PHONE# and FEID#Program Funding Source:FROM_________TO__________
Contract Period :_______________
Contract # _____________
Report #_______________
CERTIFICATION : I certify to the best of my knowledge and belief that this report is complete and correct and all the
outlays herein are for the purposes set forth in the above contract.
Prepared by : ___________________________________Date :_________ Approved by : __________________________________Date :_________
PART A: BUDGETED INCOME/ RECEIPTS 1. Approved
Contract Budget
2. Actual Receipts
for this Report
3. Total Receipts
Year to Date
4. Percent of
Approved Budget
1. State Funds………...…………………..………..0.000.000.00#DIV/0!
2. Cash Match………………..………………………0.000.000.00#DIV/0!
3. SUBTOTAL: CASH RECEIPTS….…….…..……0.000.000.00#DIV/0!
4. Local and In-Kind Match…….……………………0.000.000.00#DIV/0!
5. TOTAL RECEIPTS 0.000.000.00#DIV/0!
1. Approved Budget2. Expenditures3. Expenditures4. Percent of
PART B : EXPENDITURES For This ReportYear to Date Approved Budget
(Identify Line Item Categories from Approved Budget)
1. Site Work………..…………………………………0.000.000.00#DIV/0!
2. Interior……….……………………………………..0.000.000.00#DIV/0!
3. Exterior…………………………………………….0.000.000.00#DIV/0!
4. Fixtures……………………………………...…….0.000.000.00#DIV/0!
5. Professional Service..…………………………….0.000.000.00#DIV/0!
6. Other….……………………………..…………….0.000.000.00#DIV/0!
7. TOTAL EXPENDITURES 0.000.000.00#DIV/0!
PART C : OTHER (For tracking purposes only)
1. Match:
Local In-Kind Match…………………………0.000.000.00#DIV/0!
Cash Match………………………………….0.000.000.00#DIV/0!
2. Advance Recouped……………………………….0.000.000.00#DIV/0!
3. Interest:
Earned on GR Advance…………………….0.000.000.00#DIV/0!
Returned on Gr Advance……………………0.000.000.00#DIV/0!
4. TOTAL OTHER………………………….…….0.000.000.00#DIV/0!
DOEA form 105f, May 2008
General Revenue
Attachment number 1
Page 19 of 26
20
RECIPIENT NAME, ADDRESS, PHONE# and FEID#PAYMENT REQUEST :This Request Period :
From____________ To ____________
Regular_________Report # ______________
Supplemental_________Contract # _____________
Advance________Contract Period __________________
CERTIFICATION: I hereby certify that this request conforms with the terms of the above contract.
Prepared by:_____________________________ Date:___________ Approved by: ________________________________Date:__________
PART A: BUDGET SUMMARY FCO
1. Approved Contract Amount $_________________________
2. Previous Funds Received for Contract Period $_________________________
3. Contract Balance $_________________________
4. Previous Funds Requested for Contract Period $_________________________
5. Contract Balance $_________________________
PART B: CONTRACT FUNDS REQUEST
1. Anticipated Cash Needs (Attach Justification) $____________________________
2. Net Expenditures For Month (DOEA Form 105f, Part B Line 7) $____________________________
3. TOTAL $____________________________
PART C: NET FUNDS REQUESTED
1. Less Advance Applied $____________________________
TOTAL FUNDS REQUESTED $____________________________
(Part B, Line 3 minus Part C, Line 1)
DOEA form 106f, May 2008
REQUEST FOR PAYMENT
FIXED CAPITAL OUTLAY
Attachment number 1
Page 20 of 26
21
STATEMENT OF USE OF FUNDS
Sr. Center
State
FCO
Funds
Matching
Funds
Other
Non-FCO
Funds
Total
Project
Funds
:
Federal Grant(s)
Other State Funds (i.e., DCA)
City/County Grant(s)
Senior Centers FCO Grant
Private Contributions/Donations
In-Kind Expenditure Credits
Total Funds Available From All Sources -$ -$ -$ -$
Parking Lot
Walks/Driveways
Awnings/Covered Walkways
Drainage/Retention Pond
Trees/Landscaping
Fencing
Signage
Other (Please Specify)
Total -$ -$ -$ -$
Insulation/Weatherization
Plumbing
Heating/Air Conditioning
Electrical
Flooring
Masonry
Ceiling/Acoustics
Railing/Guards
Elevators
Other (Please Specify)
Total -$ -$ -$ -$
Project Name:
Total Project Budget: $
SENIOR CENTERS
Page 1 of 2
Attachment number 1
Page 21 of 26
22
Roofing/Siding
Doors/Windows
Porches, Decks, Patios
Septic Tank
Sewer Hook-Up (City/County)
Generator (Gas Powered)
Other (Please Specify)
Total -$ -$ -$ -$
Security/Alarm System
Telephone System
Smoke Detectors
Emergency/First Aid Stations
Kitchen Appliances
Cabinets/Counter Tops
Bathroom Fixtures
Lighting Fixtures
Other (Please Specify)
Total -$ -$ -$ -$
Architect/ Engineer/ Special Consultant
Schematic Design Phase
Design Development Phase
Construction Document Phase
Bidding
Construction Administration
Total -$ -$ -$ -$
Total -$ -$ -$ -$
TOTAL PROJECT COST -$ -$ -$ -$
Page 2 of 2
Attachment number 1
Page 22 of 26
23
ATTACHMENT IV
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
PROPERTY AGAINST WHICH
LIEN PLACED: City of Clearwater
The Aging Well Center
LIENHOLDER: STATE OF FLORIDA NOTICE OF LIEN
DEPARTMENT OF ELDER AFFAIRS
NOTICE IS HEREBY GIVEN that the State of Florida, Department of Elder Affairs, pursuant
to applicable Florida Law, does hereby give notice of and assert a lien in the amount of
$727,500.00 against the following described property:
LEGAL DESCRIPTION:
Attachment number 1
Page 23 of 26
24
ALSO DESCRIBED AS:
This lien is asserted pursuant to applicable Florida law and the Memorandum of
Understanding entered into on or about _______________, 2009, by and between City of
Clearwater (Recipient) and the State of Florida, Department of Elder Affairs.
The State of Florida, Department of Elder Affairs, has a financial interest in the above-
described property equal to a pro rata portion of the State’s original investment in the
Attachment number 1
Page 24 of 26
25
then-fair-market value for renovations, or its proportionate share of the cost of the
construction as compared to the then-fair-market value of the property upon the
completion of the renovations or construction, which interest is in the amount of
$727,500.00 as set out above.
The interest of the State of Florida, Department of Elder Affairs, is to be proportionately
reduced and subsequently vacated of a 20-year period of depreciation unless this lien is
satisfied before that time. As a condition of receipt of State funding for this construction
or renovation, the recipient has agreed pursuant to Section I, Subsection M of the
aforesaid Memorandum of Understanding, that if it disposes of the property before the
interest of the State of Florida, Department of Elder Affairs, is vacated, the recipient will
refund the proportionate share of the State’s investment, as adjusted by depreciation.
Dated this ___ day of ___________, 2009.
ON BEHALF OF THE STATE OF FLORIDA
DEPARTMENT OF ELDER AFFAIRS
______________________________________
E. Douglas Beach, PhD., Secretary
Department of Elder Affairs
STATE OF FLORIDA
COUNTY OF _____________
Sworn and subscribed before me this ___ day of __________________, 2009, by __________________________ ,
who is personally known to me.
_____________________________________
NOTARY
THIS DOCUMENT PREPARED BY:
Dean Kowalchyk, General Counsel
Department of Elder Affairs
4040 Esplanade Way
Tallahassee, FL 32399-7000
Attachment number 1
Page 25 of 26
26
ATTACHMENT V
SENIOR CENTER
FIXED CAPITAL OUTLAY (FCO) GRANT
MONTHLY STATUS REPORT
Project Name: MOU #
Report Date: Report #
Section A – Budget
A.1 Discuss any changes to project budget, or indicate not applicable.
A.2 Provide a revised Statement of Source and Use of Funds report reflecting changes to project budget.
Section B – Project Milestones
B.1 Discuss project milestones achieved for this report period.
B.2 Discuss project obstacles encountered during this report period.
B.3 Provide a revised Work Plan, if appropriate, or indicate not applicable.
Section C – Funding Projection
C.1 Current Invoice
Report Period: Amount:
C.2 Anticipated Funding Request
Month 1 (Mo/Yr): Amount: Provide a brief description of projected activities:
Month 2 (Mo/Yr): Amount: Provide a brief description of projected activities:
Month 3 (Mo/Yr): Amount: Provide a brief description of projected activities:
Attachment number 1
Page 26 of 26
Revised August 2007
Attestation Statement
Agreement/Contract Number______________
Amendment Number
I, , attest that no changes or revisions have been made to the
(Recipient/Contractor representative)
content of the above referenced agreement/contract or amendment between the Department of Elder Affairs
and
________________________________________________.
(Recipient/Contractor name)
The only exception to this statement would be for changes in page formatting, due to the differences in
electronic data processing media, which has no affect on the agreement/contract content.
Signature of Recipient/Contractor representative Date
DOEA Contract Manager to initial and date indicating signatures/initials appropriate on all documents; ready
for DOEA Secretary/designee signature
_______ ______
initial date
Revised August 2007
Attachment number 2
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Approve a recommendation by the Public Art and Design Board for the commission of a public art sculpture entitled “Ladder Fire,” as
designed by artist Christopher Fennell, to be installed at Fire Station 48 located at 1700 North Belcher Road. (consent)
SUMMARY:
Fire Station 48 Training Center is an eligible capital improvement project requiring a 1% allocation for public art under Ordinance
7489-05. Funds are available in CIP 315-91242.
The theme and scope of the project was determined with input from representatives of the Fire Department. The desired intent for the
artwork was to reflect the spirit of the firefighters and commemorate those who have lost their lives in the line of duty.
An open “Call to Artists” as outlined in the Public Art & Design Guidelines was issued detailing the scope of the project.
The Public Art & Design Board appointed a five-member Selection Panel comprised of individuals representing specified interests and
expertise as follows:
Alex Plisko (Chair), a member of the Public Art & Design Board as well as the project architect.
Robert Bruce Epstein, professional artist and sculptor
Dr. Barbara Hubbard, professional artist, educator, and arts administrator
Lt. Doug Swartz: Fire Department representative: (Asst. Chief. Sparrow, and Chief Geer also attended partial meetings)
Steve Klein: a representative of the community and neighboring business owner of Klein Heuchan Realtors.
The Call to Artists resulted in approximately 50 responses, from which the panel selected 4 artists to make presentations of site-specific
artwork on August 6, 2008 at the Main Library. Following the artist presentations, the committee discussed the various proposals and
voted on the artist whose proposed work best met the requirements of the Call to Artists, selection criteria and the desires of the
stakeholders.
The panel selected Christopher Fennell. The recommendation was confirmed by the Public Art & Design Board who in turn is
recommending this artist’s proposal of public artwork to the City Council.
Further information about the artist, specific proposal, and selection process is provided.
Review
Approval:
1) Legal 2) Clerk 3) Office of Management and Budget 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Manager 8) Clerk
Cover Memo
Location: Fire Station 48 and Training Facility (1700 N. Belcher Road)
Project Synopsis:
Based on the Fire Department’s desire for memorial and remembrance-themed
artwork, a nationwide Call to Artists was issued requesting designs for artwork to
honor firefighters that have lost their lives in the line of duty and to reflect the
spirit of the firefighter – past, present, and future.
Budget: $48,000
Selection Panel:
Alex Plisko (Chair) – Public Art and Design Board and project architect
Robert Bruce Epstein – Professional artist and sculptor
Dr. Barbara Hubbard – Professional artist, educator, and arts administrator
Lt. Doug Swartz – Fire Department representative
Steve Klein – Community representative, owner of neighboring business Klein
Heuchan Realtors.
Additional Panelists: Chief Jamie Geer, Assistant Chief Tim Sparrow
Public Art & Design Board:
Joshua Bomstein (Chair), Creative Contractors, Inc., Vice Pres.
Alex Plisko, Architect, Plisko Architecture
George Ann Bissett, Dunedin Fine Art Center Executive Director
Mark Flickinger, Pinellas County Cultural Affairs, Public Art Administrator
Sarah Butz, Artist
Howard Warshauer, Community representative
John Timberlake, Community representative
Selection Process and Criteria:
The five-member Selection Panel selected four finalists from approximately 50
artists.
Finalist proposals were evaluated on artistic content, budget, durability, and other
categories advertised in the Call to Artists including specific criteria such as:
○ Being of a nature of a memorial to firefighters
○ Serving as a place of reflection and remembrance
○ Providing a visual gateway to the Fire Station 48 campus
○ Reflecting the history of firefighting and the sacrifice that firefighters
have made in the line of duty
Rationale for Selection:
The Selection Panel determined that the design and proposal of Christopher
Fennell best reflected the Fire Department and Selection Panel’s desire for
artwork reflecting the spirit of firefighters and commemorating those who have
lost their lives in the line of duty. Mr. Fennell’s proposal also demonstrated a
keen insight and incorporation of space for possible memorial landscaping,
paths, and benches supplied by the Fire Department. The Panel valued Mr.
Attachment number 1
Page 1 of 2
Fennell’s strong engineering background, reputation and cooperative work
process. He is currently completing a commission for the City of St. Petersburg’s
Roberts Recreation Center. Mr. Fennell made on-site visits and gathered input
with the firefighters to inform his proposal. The Public Art & Design Board
confirmed the selection.
Description of Project:
Title: “Ladder Fire”
Medium: Aluminum ladders and stabilizer pole
Proposed dimensions: 22’ H x 8’ L x 8’ D
Synopsis:
Ladder Fire will be a 22’ tall memorial sculpture made from aluminum ladders
curved into a fireball. Some of the ladders will be actual fire department ladders
retired from service. Each ladder will be rolled into curved sections and welded
together to form a 8’ x 8’ x 12’ fireball placed atop a 10 aluminum post. LED
lighting will be housed within the fireball base illuminating the sculpture at night
and suggesting an eternal flame ablaze with red, yellow, and orange light.
Names of fallen firefighters can be etched onto the post at eye-level using
sandblasting techniques.
Artist Credentials:
Education:
MFA, Sculpture, University of Georgia, 2002
BA, Sculpture, University of South Florida, 1993
BSME, Mechanical Engineering, University of South Florida, 1989
Recent Public Art Projects:
City of St. Petersburg, FL – Site-specific artwork at Roberts Recreation Center
($50,000)
Past Public Art Projects:
City of Athens, GA – Bus Stop Shelter
North Carolina Zoological Park – Interactive Baboon Habitat
State of Connecticut Department of Transportation – Bus Stop Pavilion
Austin Museum – Interactive sculpture for National Public Art Conference
City of Winter Haven, FL – Wave Sculpture
City of Charlottesville, VA – 18’ Cresting Wave Sculpture
West Arlington Community, City of Birmingham, AL – Landmark Sculpture
University of Central Wyoming – Large Wave Sculpture
Figge Museum, Davenport, IA – Driftwood Wave
Attachment number 1
Page 2 of 2
Attachment number 2
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Ratify and Confirm Change Order 2 and Final to Westra Construction Corporation of Palmetto, Florida for the Beach by Design -
Coronado Drive Improvements Project (03-0079-ED) decreasing the contract amount by $790,518.83 for a new contract total of
$10,039,689.64, approve a time extension of ninety-two (92) days and authorize the appropriate officials to execute same. (consent)
SUMMARY:
This contract was previously approved by the City Council on December 15, 2005 for $9,850,253.22.
Change Order 1 was approved by City Council on January 31, 2007 increasing the contract by $979,955.25 for a new value of
$10,830,208.47. Change Order 1 was necessary to add additional items and increase quantitites of items due to changes supplied by the
Engineer of Record; added work due to conflicts encountered during construction and the addition of sanitary lateral replacements that
were not included in the design. This Change Order added 59 days to the contract time due to the reasons listed above.
Change Order 2 and Final is for a total net decrease of $790,518.83 with a new contract value of $10,039,689.64. Increase and
decrease contract quantities discovered not to be necessary for completion of the project. Additional items are extra items of work
discovered to be necessary for completion of the project. This change order also adds ninety-two (92) days due to conflicts encountered
during construction.
To provide the additional stormwater funding needed, first quarter amendments will transfer $29,780.24 of Stormwater Utility (388419)
budget and revenue from Capital Improvement Program (CIP) project 0315-92269, Downtown Streetscape and $183,870.33 of budget
and 04 Stormwater Bond (384102) proceeds from 0357-92259, Downtown Streetscape, to 0315-92267 and 0357-92267 Beach by
Design, respectively. In addition to these amendments the following budget and revenues are currently available to fund the increases
in this change order:
0315-92267 Beach by Design $57,655.39 of Stormwater Utility Revenue
0315-96124 Storm Pipe System Improvement $22,123.81 of Stormwater Utility Revenue
0357-92267 Beach by Design $1,000.09 of 04 Stormwater Bond Proceeds, for total Stormwater Utility funding of $294,429.86
0378-92267 Beach by Design $62,080.54 of 06 Water & Sewer Bond Proceeds
Type:Capital expenditure
Current Year Budget?:None Budget Adjustment:Yes
Budget Adjustment Comments:
See summary above.
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Appropriation Code Amount Appropriation Comment
0315-92267-563700-539-
000-0000
$87,435.63
0357-92267-563700-539-
000-0000
$184,870.42
Cover Memo
0315-96124-563700-539-
000-0000
$22,123.81
0378-92267-563800-535-
000-0000
$62,080.54
Review
Approval:
1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City
Manager 7) Clerk 8) City Manager 9) Clerk
Cover Memo
Change Order No. 2 and Final
Page 1 of 8
PROJECT: Beach By Design Coronado Drive Improvements
CHANGE ORDER #2 & FINAL
PROJECT NUMBER: 03-0079-ED
PO REFERENCE NO.: ST102021-1
DATE OF CONTRACT: 12/15/05
CODES:0362-92267-563700-541-000-0000 (A)Roads&Ad
0375-92267-563700-539-000-0000 (B) Storm
0377-92267-563700-539-000-0000 (C) Storm
0357-92267-563700-539-000-0000 (D) Storm
0343-92267-563700-533-000-0000 (E) Water
0378-92267-563800-533-000-0000 (F) Water
0343-92267-563800-535-000-0000 (G)Sewer
0378-92267-563800-535-000-0000 (H)Sewer
0343-92267-563800-533-000-0000 (I)Reclaimed
0378-92267-563800-533-000-0000 (J)Reclaimed
0315-92267-563700-541-000-0000 (K)Roads
0357-92267-563700-539-000-0000 (L)Storm
0378-92267-563800-533-000-0000 (M)Water
0378-92267-563800-535-000-0000 (N)Sanitary
0378-92267-563800-533-000-0000 (O)Reclaimed
0378-92267-563800-533-000-0000 (P)Water
0378-92267-563800-535-000-0000 (Q)Sanitary
0315-92267-563700-541-000-0000 (R)Roads
0315-96124-563700-539-000-0000 (S)Storm
DATE: January 29, 2009
PROJECT: Beach By Design: Coronado Drive Improvements
P.O. Box 1149
Palmetto, FL 34220-1149
CONTRACTOR: Westra Construction Corporation
SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
Pages 2 through 8 of this Change Order list Added, Increased, and Decreased items of work. Decreased items are underruns of contract quantities
discovered not to be necessary for completion of the project. Increased items are overruns of contract quantities discovered to be necessary for
Add 92 days due to conflicts encountered during construction for a new total contract time of 516 calendar days.
for completion of the project. Added items are extra items of work discovered to be necessary for completion of the project.
STATEMENT OF CONTRACT AMOUNTPurchase Order Contract ACCEPTED BY:
ORIGINAL CONTRACT AMOUNT 9,850,253.22$
979,955.25$ Westra Construction Corporation
(280,984.80)$ (790,518.83)$
10,039,689.64$
B Y:(SEAL)
__________________________________________
Witnesses:
__________________________________________
__________________________________________
Date: _____________________________________
Recommended By: City of Clearwater
CITY OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA ___________________________________
Gary A. Johnson, CGC
__________________________________________ Public Services Director
William B. Horne, II City Manager
Michael D. Quillen, P.E.
City Engineer
Michael Beukema, Vice-President
Frank Hibbard, Mayor
NEW CONTRACT AMOUNT
Date:
Change Order #1
______________________________
ATTEST:
Cynthia E. Goudeau, City Clerk
___________________________________
______________________________Carlos Colon, Assistant City Attorney
Change Order #2
Add 92 days due to conflicts encountered during construction for a new total contract time of 516 calendar days.
Attachment number 1
Page 1 of 8
Change Order No. 2 and Final
Page 2 of 8
PROJECT: Beach By Design Coronado Drive Improvements
Decreases Roads & Administration Code: 0315-92267-563700-541-000-0000 (R)
(R)
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
2005 FLOATING TURBIDITY BARRIER 160.00 LF 17.00$ $ (2,720.00)
2006 INSTALL SILT FENCE 30.00 LF 4.25$ $ (127.50)
2007SPECIAL EXCAVATION < 1.0 FT980.33CY28.00$ $ (27,449.24)
2008SPECIAL EXCAVATION > 1.0 FT168.75CY56.00$ $ (9,450.00)
2012 REMOVE CONCRETE PAVEMENT 6"98.34 SY 10.00$ $ (983.40)
2013 REMOVE ASPHALT PARKING STRIP 335.11 SY 2.30$ $ (770.75)
2014 REMOVE EXISTING 2' CURB 194.70 LF 7.00$ $ (1,362.90)
2015 REMOVE EXISTING 0.5' CURB 398.00 LF 5.25$ $ (2,089.50)
2016 REMOVE SIDEWALK - 4"7,389.50 SF 1.25$ $ (9,236.87)
2017 ROUGH GRADING 1,419.14 SY 5.00$ $ (7,095.70)
2019 REMOVE MH TYPE 2 RECONSTRUCT 1.00 EA 3,460.00$ $ (3,460.00)
2020 REMOVE INLET TYPE 1 & FILL 2.00 EA 1,310.00$ $ (2,620.00)
2021 REMOVE INLET TYPE 2 RECONSTRUCT 2.00 EA 3,530.00$ $ (7,060.00)
2022REMOVE STORM <18" TYPE 1 NOT
REPLACED
279.50LF37.50$ $ (10,481.25)
2023REMOVE STORM <18" TYPE 2 REPLACED180.00LF20.00$ $ (3,600.00)
2024REMOVE STORM >18" TYPE 1 NOT
REPLACED
157.00LF74.00$ $ (11,618.00)
2026 REMOVE HEADWALL 15"10.00 EA 500.00$ $ (5,000.00)
2027 REMOVE HEADWALL 24"1.00 EA 600.00$ $ (600.00)
2029 BRICK AND MORTAR PLUG - 24"1.00 EA 700.00$ $ (700.00)
2030 BRICK AND MORTAR PLUG - 30"1.00 EA 750.00$ $ (750.00)
2033 REMOVE REGULATORY SIGNS 42.00 EA 275.00$ $ (11,550.00)
$ (118,725.11)
PAVING
4001FINISHED GRADING590.64SY2.90$ $ (1,712.85)
4008SURFACE COURSE 3"1,303.78SY18.50$ $ (24,119.93)
4013 SURFACE COURSE 5/8"662.00 SY 23.50$ $ (15,557.00)
Total Demolition Decreases
4013 SURFACE COURSE 5/8"662.00 SY 23.50$ $ (15,557.00)
4014BRICK PAVER BASE100.00SF2.50$ $ (250.00)
4015CONCRETE SIDEWALK 4"12,671.448SF6.25$ $ (79,196.55)
4016WASTE RECEPTACLE PAD BASE
PREPARATION
9.00EA450.00$ $ (4,050.00)
4018 TOP SOIL 1,130.00 SY 9.00$ $ (10,170.00)
4019 ONSITE FILL 187.00 CY 60.00$ $ (11,220.00)
4020 MATCH EXISTING PAVEMENT WITH
TAPER
5.00EA2,200.00$ $ (11,000.00)
4021 SAWCUT FOR CROSSWALK 1,202.00LF1.00$ $ (1,202.00)
4022 SUBGRADE PREP UNDER TYPE 10 BASE 4,620.00 SF 6.50$ $ (30,030.00)
4023 PRECAST TREE GRATE SUPPORT 24.00 EA 700.00$ $ (16,800.00)
4025
TEMPORARY TYPE 1 CURB AND GUTTER
31.00LF21.00$ $ (651.00)
4027 DOME SURFACE AT ADA CROSSWALKS 4.00EA825.00$ $ (3,300.00)
$ (209,259.33)
6001 THERMOPLASTIC PAVEMENT ARROWS 57.00 EA 90.00$ $ (5,130.00)
6002 THERMOPLASTIC PAVEMENT LETTERS 40.00 EA 117.00$ $ (4,680.00)
6003 SKIP 6" WHITE THERMO (6'-10' SKIP)2,428.00 LF 1.25$ $ (3,035.00)
6004 SKIP 6" YELLOW THERMO (18'-18' SKIP)3,800.00 LF 2.30$ $ (8,740.00)
6005 SKIP 6" WHITE THERMO (2'-4' SKIP)44.00 LF 1.25$ $ (55.00)
6006SOLID 6" THERMO - WHITE9,588.00LF0.90$ $ (8,629.20)
6007SOLID 6" THERMO - YELLOW3,800.00LF0.90$ $ (3,420.00)
6008 SOLID 6" THERMO - DOUBLE YELLOW 2,259.00 LF 1.75$ $ (3,953.25)
6009SOLID 8" THERMO - WHITE 505.00 LF1.25$ $ (631.25)
6010SOLID 12" THERMO - WHITE 1,309.00 LF2.30$ $ (3,010.70)
6011SOLID 24" THERMO - WHITE 311.00 LF4.75$ $ (1,477.25)
6012RPM'S RED/WHITE 115.00 EA5.85$ $ (672.75)
6013RPM'S YELLOW/YELLOW 49.00 EA5.85$ $ (286.65)
6014LEFT LANE MUST TURN LEFT (R3-7L)1.00 EA525.00$ $ (525.00)
6017 SPEED LIMIT 25 (R2-1)3.00EA500.00$ $ (1,500.00)
6020 BEACH DROP OFF AREA (SPECIAL)2.00 EA 600.00$ $ (1,200.00)
SIGNING AND PAVEMENT MARKINGS
Total Paving Decreases
Attachment number 1
Page 2 of 8
Change Order No. 2 and Final
Page 3 of 8
PROJECT: Beach By Design Coronado Drive Improvements
6021 PARALLEL PARKING STRIPING 19.00 EA 70.00$ $ (1,330.00)
6022 ISLAND STRIPE 18" AT 10' WITH BORDER 6"
WHITE
2,247.00LF2.10$ $ (4,718.70)
6026NO PARKING LOADING ZONE 15 MIN3.00EA440.00$ $ (1,320.00)
6028DO NOT ENTER (R5-1)2.00EA525.00$ $ (1,050.00)
6029CASE 1 - REFLECTORS3.00EA140.00$ $ (420.00)
6031BUSINESS ID SIGNS30.00EA140.00$ $ (4,200.00)
6032WAYFINDING SIGNS9.00EA560.00$ $ (5,040.00)
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
6033SIGN POST 25.00EA925.00$ $ (23,125.00)
6034PEDESTRIAN CROSSWALK - 6'106.00EA3.00$ $ (318.00)
6035INSTALL PARKING METER SLEEVES
(FURNISHED BY City)
19.00EA125.00$ $ (2,375.00)
$ (90,842.75)
HARDSCAPE
800010" COL CONC @ CROSSWALKS4,850.00SF11.25$ $ (54,562.50)
800012" W SHELL AGG SNDBLAST BAND
@CROSSWALKS
1,080.00LF7.00$ $ (7,560.00)
8000CONC PAVERS FOR PAVER GRATE AND
UTILITY CHASE
1,223.00SF7.00$ $ (8,561.00)
8000PAVER GRATE 10.00EA1,875.00$ $ (18,750.00)
$ (89,433.50)
9102LIVISTONIA CHINESIS, 12' C.T.101.00EA1,180.00$ $ (119,180.00)
9105 HELIANTHUS DEBILIS, 3 GAL 128.00 EA 2.75$ $ (352.00)
9107 ZAMIA PULMILA, 7 GAL.21.00 EA 85.00$ $ (1,785.00)
$ (121,317.00)
TRAFFIC SIGNALIZATION
0102-1-MAINTENANCE OF TRAFFIC (SIGNALS
ONLY)
0.25LS8,186.00$ (2,046.50)$
SIGNING AND PAVEMENT MARKINGS (continued)
Total Landscape Decreases
Total Signing & Pavement Markings Decreases
Total Hardscape Decreases
LANDSCAPE
ONLY)
0555-1-2DIRECTIONAL BORE (6" TO LESS THAN
12")
150.00LF35.00$ (5,250.00)$
0630- 1- 12CONDUIT (FURNISH & INSTALL)
(UNDERGROUND)
1,425.00LF6.00$ (8,550.00)$
0632- 7- 1CABLE (SIGNAL) (FURNISH & INSTALL)2.00 PL2,800.00$ (5,600.00)$
0635- 1- 11PULL & JUNCTION BOXES (FURNISH &
INSTALL) (PULL
22.00EA304.00$ (6,688.00)$
0639- 1- 22ELECTRICAL POWER SERVICE
(UNDERGROUND)
2.00AS585.00$ (1,170.00)$
0639- 2- 1ELECTRICAL POWER WIRE (FURNISH &
INSTALL)
1,920.00LF1.50$ (2,880.00)$
0641- 41- 112 PRESTRESSED CONCRETE STRAIN POLE (F
& I) (TYPE N
2.00EA825.00$ (1,650.00)$
0649- 415-
003
MAST ARM ASSEM (F & I)(SINGLE ARM
W/O LUMINAIRE)(B
1.00EA31,000.00$ (31,000.00)$
0650- 51- 313TRAFFIC SIGNAL (FURNISH & INSTALL)
(3 SECTION)
9.00AS750.00$ (6,750.00)$
0650- 51- 513TRAFFIC SIGNAL (FURNISH & INSTALL)
(5 SECTION)
1.00AS1,225.00$ (1,225.00)$
0653- 181SIGNAL PEDESTRIAN (FURNISH &
INSTALL) (LED) (1
3.00AS600.00$ (1,800.00)$
0653- 182SIGNAL PEDESTRIAN (FURNISH &
INSTALL) (LED) (2
1.00AS1,180.00$ (1,180.00)$
0659-101SIGNAL HEAD AUXILIARIES (FURNISH &
INSTALL) (BAC
9.00EA100.00$ (900.00)$
0659- 106SIGNAL HEAD AUXILIARIES (FURNISH &
INSTALL) (TUN
32.00EA3.50$ (112.00)$
0659-107SIGNAL HEAD AUXILIARIES (FURNISH &
INSTALL) (ALU
4.00EA585.00$ (2,340.00)$
0659-118 SIGNAL HEAD AUXILIARIES (F & I) (BACK
PLATES,5 S
1.00EA150.00$ (150.00)$
0660-1-103 INDUCTIVE LOOP DETECTOR (TYPE 3)6.00 EA 205.00$ (1,230.00)$
0660-2-106 LOOP ASSEMBLY (TYPE F )6.00 EA 850.00$ (5,100.00)$
0665- 13DETECTOR PEDESTRIAN (FURNISH &
INSTALL) (DETECTOR
4.00EA130.00$ (520.00)$
Attachment number 1
Page 3 of 8
Change Order No. 2 and Final
Page 4 of 8
PROJECT: Beach By Design Coronado Drive Improvements
0670- 5- 112TRAFFIC CONTROLLER ASSEMBLY
(ACTUATED SOLID STATE)
2.00AS13,000.00$ (26,000.00)$
0690- 10SIGNAL HEAD TRAFFIC ASSEMBLY
REMOVAL
6.00EA53.00$ (318.00)$
0690-20REMOVE PEDESTRIAN SIGNAL4.00EA41.00$ (164.00)$
0690-50CONTROLLER ASSEMBLY REMOVAL1.00EA234.00$ (234.00)$
0699-1-1SIGN, INTERNAL ILLUMINATED STREET
NAME
4.00EA1,500.00$ (6,000.00)$
(118,857.50)$
5038 IT/ATMS PULLBOX 4.00 EA $2,350.00 (9,400.00)$
SALES TAX SAVINGS & CONTINGENCY
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
1200g CONTINGENCY 10% (ROADS)1.00 LS 523,921.02$ (523,921.02)$
Roads & Administration Decreases to PO (R):(1,281,756.21)$
SALES TAX SAVINGS CODE 0315-92267-563700-541-000-0000 (K)
1203g SALES TAX SAVINGS ON OWNER DIRECT
PURCHASES
1.00LS10,300.96$ (10,300.96)$
(1,292,057.17)$
Increases Roads & Administration Code: 0315-92267-563700-541-000-0000 (R)
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
2009REMOVE ASPHALT PAVEMENT3,475.32SY5.00$ 17,376.60$
2010 STANDARD MILLING TYPE B CITY 6,407.86 SY 9.00$ 57,670.74$
2025REMOVE EXISTING STORM SEWER >18"
TYPE 2 REPLACED
12.00LF32.00$ 384.00$
75,431.34$
PAVING
4002 INSTALL TYPE 1 CURB INDEX 101 3,596.75 LF 41.75$ 150,164.31$
4003 INSTALL STRAIGHT CURB INDEX 101 419.00 LF 41.75$ 17,493.25$
IT/ATMS
DEMOLITION
Total Traffic Signalization Decrease
Total Demolition Increases
Total Roads & Administration Decreases to PO:
4003 INSTALL STRAIGHT CURB INDEX 101 419.00 LF 41.75$ 17,493.25$
4004INSTALL 2' CONCRETE VALLEY GUTTER116.00LF34.75$ 4,031.00$
4005 CONNECT TO EXISTING CURB 2.00 EA 200.00$ 400.00$
4007 SURFACE COURSE 1"4,840.05 SY 19.00$ 91,960.95$
4009 INSTALL BASE COURSE - 6"4,277.60 SY 42.00$ 179,659.20$
4010 INSTALL BASE COURSE - 10"4,053.70 SY 21.25$ 86,141.13$
4011 PREPARE SUBGRADE - 12"7,183.38 SY 13.50$ 96,975.63$
4012 LEVELING BINDER 110#/1"/SY 405.33 TN 168.50$ 68,298.11$
4017 CONCRETE DRIVEWAYS - 6"8,096.00 SF 8.75$ 70,840.00$
4024 INSTALL TEMPORARY PIN CURB 262.00 LF 17.50$ 4,585.00$
770,548.58$
SIGNING AND PAVEMENT MARKINGS
6015TRAFFIC SIGN-RIGHT LANE MUST TURN
RIGHT (R3-7R)
1.00EA525.00$ 525.00$
6016 TRAFFIC SIGN-STOP (R1-1)1.00 EA 525.00$ 525.00$
6024 TRAFFIC SIGN-YIELD (R1-2)1.00 EA 510.00$ 510.00$
SIGNING AND PAVEMENT MARKINGS (continued)
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
6030 STREET IDENTIFICATION SIGNS 5.00 EA 325.00$ 1,625.00$
3,185.00$
LANDSCAPE
9101SABAL PALMETTO 12'-20' O.A.101.00EA531.52$ $ 53,683.52
5037 IT/ATMS CONDUIT 214.00 LF $17.60 $ 3,766.40
Total Roads & Admnistration Increases & Additions to PO: $ 906,614.84
Total Roads & Administration Net Decreases/Increases/Additions to PO:(385,442.33)$
Decreases Roads & Administration Owner Direct Purchase (Material) Code: 0315-92267-563700-541-000-0000 (R)
1202g ODP (ROADS) CONTRACTOR
REIMBURSEMENT TO CITY
1.00EA170,016.00$ (170,016.00)$
(555,458.33)$
IT/ATMS
Total Roads & Administration Net Decreases/Increases/Additions to Contract:
Total Paving Increases
Total Signing and Pavement Markings Increases
Attachment number 1
Page 4 of 8
Change Order No. 2 and Final
Page 5 of 8
PROJECT: Beach By Design Coronado Drive Improvements
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
3002INSTALL STORM MANHOLE 6' DIA1.00EA10,350.00$ $ (10,350.00)
3003INSTALL STORM INLET FDOT TYPE 3
MODIFIED
1.00EA7,000.00$ $ (7,000.00)
3005INSTALL STORM INLET FDOT TYPE 3
(SUMP) SPECIAL PRECAST
1.00EA7,575.00$ $ (7,575.00)
3008INSTALL STORM INLET FDOT TYPE 10
W/CAST IRON GRATE
1.00EA6,000.00$ $ (6,000.00)
Decreases Drainage Code 0357-92267-563700-539-000-0000 (D) (continued)
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
3009INSTALL STORM INLET FDOT TYPE 9
W/SPECIAL CAST IRON GRATE
2.00EA7,850.00$ $ (15,700.00)
3010INSTALL STORM INLET FDOT TYPE 10
W/SPECIAL CAST IRON GRATE
2.00EA9,000.00$ $ (18,000.00)
3012CONFLICT STORM MANHOLE 6' DIA1.00EA12,000.00$ $ (12,000.00)
3015 STORM SEWER BAFFLE BOX TYPE 1 1.00 EA 75,000.00$ $ (75,000.00)
3018 STORM DRAIN HEADWALL 48"2.00 EA 9,350.00$ $ (18,700.00)
3019DEWATER STORM SEWER TRENCH474.00LF30.00$ $ (14,220.00)
3021UNDERDRAIN TYPE CLEANOUT ON ROOF
DRAIN
6.00EA460.00$ $ (2,760.00)
3023 CURED-IN-PLACE PIPE LINING - 15"100.00 LF 360.00$ $ (36,000.00)
3024 CURED-IN-PLACE PIPE LINING - 24"176.00 LF 490.00$ $ (86,240.00)
3027 INSTALL STORM SEWER 16" DIP 323.50 LF 93.00$ $ (30,085.50)
3028 INSTALL STORM SEWER 15" RCP 333.1699 LF 75.75$ $ (25,237.62)
3029 INSTALL STORM SEWER 18" RCP 156.00 LF 82.75$ $ (12,909.00)
3030 INSTALL STORM SEWER 24" RCP 318.40 LF 103.00$ $ (32,795.20)
3033 INSTALL STORM SEWER 36" RCP 408.00 LF 160.00$ $ (65,280.00)
3034 INSTALL STORM SEWER 42" RCP 12.00 LF 241.50$ $ (2,898.00)
3035 INSTALL STORM SEWER 48" RCP 18.00 LF 415.25$ $ (7,474.50)
3036 INSTALL STORM SEWER 34" x 53" ERCP 22.00 LF 240.50$ $ (5,291.00)
Decreases Drainage Code 0357-92267-563700-539-000-0000 (D)
3036 INSTALL STORM SEWER 34" x 53" ERCP 22.00 LF 240.50$ $ (5,291.00)
3040 TIDEFLEX VALVE 1.00 EA 14,100.00$ $ (14,100.00)
3047 SEAWALL FOOTER 18.00 LF 675.00$ $ (12,150.00)
3048 SEAWALL RESTORATION ALLOWANCE 0.15797 LS 100,000.00$ $ (15,797.00)
3049 19" x 30" ERCP 29.00 LF 131.50$ $ (3,813.50)
3051 BRICK AND MORTAR PLUG - 18" PIPE 1.00 EA 550.00$ $ (550.00)
3052 BRICK AND MORTAR PLUG - 36" PIPE 1.00 EA 775.00$ $ (775.00)
3054 BRICK AND MORTAR PLUG - 19" x 30"1.00 EA 750.00$ $ (750.00)
1200d DRAINAGE CONTINGENCY 10%1.00 LS 185,612.75$ (185,612.75)$
Total Drainage Decreases To PO Code (D):(725,064.07)$
Decrease Drainage Sales Tax Savings Code 0357-92267-563700-539-000-0000 (L)
1203d DRAINAGE SALES TAX SAVINGS 1.00 LS 8,400.50$ (8,400.50)$
$ (733,464.57)
3004INSTALL STORM INLET FDOT TYPE 3
MODIFIED
1.00EA8,000.00$ $ 8,000.00
3006INSTALL STORM INLET FDOT TYPE 4
MODIFIED
1.00EA10,175.00$ $ 10,175.00
3011 CONFLICT MANHOLE 4' DIA 6.00 EA 7,400.00$ $ 44,400.00
3013 CONFLICT JUNCTION BOX 8' x 8'3.00 EA 18,000.00$ $ 54,000.00
3020STORM TRENCH PAVEMENT
REPLACEMENT
128.00LF70.00$ $ 8,960.00
3022 RECONNECT ROOF DRAINS 1.00 EA 460.00$ $ 460.00
3025 INSTALL STORM SEWER 12" RCP 46.00 LF 77.00$ $ 3,542.00
3026 INSTALL STORM SEWER 14" DIP 77.00 LF 128.00$ $ 9,856.00
3031 INSTALL STORM SEWER 30" RCP 14.00 LF 131.75$ $ 1,844.50
3032 INSTALL STORM SEWER 24" X 38" ERCP 14.00 LF 188.50$ $ 2,639.00
3037CONNECT TO EXISTING STORM
STRUCTURE OR PIPE
4.00EA3,500.00$ $ 14,000.00
3042STORM SEWER PIPE BEDDING NO. 57
STONE
8.55CY60.50$ $ 517.28
3043CONNECT TO EXISTING SEAWALL - 15"
DIA
1.00EA8,025.00$ $ 8,025.00
3050 FDOT INLET TYPE V 1.00 EA 8,525.00$ $ 8,525.00
$ 174,943.78
Total Drainage Decreases To PO:
Increases Drainage Code 0357-92267-563700-539-000-0000 (D)
Total Drainage Increases to PO Code (D):
Attachment number 1
Page 5 of 8
Change Order No. 2 and Final
Page 6 of 8
PROJECT: Beach By Design Coronado Drive Improvements
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
1201d CONTRACTOR ENTITLEMENT
(DRAINAGE)
1.00LS830,826.84$ $ 830,826.84
$ 1,005,770.62
Total Drainage Net Decreases/Increases/Additions to Code D: $ 272,306.05
3055Myrtle Avenue Drainage Repair1.00LS22,123.81$ $ 22,123.81
Total Drainage Net Decreases/Increases/Additions to PO:294,429.86$
1202d ODP (DRAINAGE) CONTRACTOR
REIMBURSEMENT TO CITY
1.00EA131,139.15$ (131,139.15)$
$ 163,290.71
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
5001 INSTALL WATERMAIN 2"34.00 LF $75.00 $ (2,550.00)
5005 INSTALL WATERMAIN 16"265.00 LF $176.00 $ (46,640.00)
5012 INSTALL WATER VALVE 4" 2.00 EA $1,000.00 $ (2,000.00)
5014 INSTALL PLUG VALVE 6"1.00 EA $8,000.00 $ (8,000.00)
5017 INSTALL WATER VALVE 12" 1.00 EA $2,400.00 $ (2,400.00)
5018 INSTALL WATER VALVE 16" 1.00 EA $7,650.00 $ (7,650.00)
5023 TAPPING SLEEVE AND VALVE - 12"1.00 EA $7,000.00 $ (7,000.00)
5027w UTILITY SERVICE LINE RECONNECTION36.00LF$370.00 $ (13,320.00)
5028w UTILITY SERVICES CONNECTION CLEAN-
OUT
18.00EA$1,350.00 $ (24,300.00)
5030 REMOVE WATER VALVES 9.00 EA $900.00 $ (8,100.00)
5031w UTILITY PIPE TO BE REMOVED</= 10" DIA424.12400LF$62.00 $ (26,295.69)
Decrease Drainage Owner Direct Purchase (Material)
Decreases Water Code 0378-92267-563800-533-000-0000 (P)
Additions Drainage Code 0315-96124-563700-539-000-0000 (S)
Total Drainage Net Decreases/Increases/Additions to Contract:
Total Drainage Increases/Additions to PO Code D:
Additions Drainage Code 0357-92267-563700-539-000-0000 (D)
5033w UTILITY PIPE TO BE ABANDONED IN
PLACE</=10" <20"DIA
2,435.00LF$23.25 $ (56,613.75)
5039w CONCRETE CAP OF RECLAIMED WATER
MAIN
288.00EA$44.00 $ (12,672.00)
50411"CORP STOP/1"CURB STOP
COMBINATION (WATER SERVICE)
1.00EA$525.00 $ (525.00)
5043 1" POLY TUBING (WATER SERVICE)10.00 LF $40.00 $ (400.00)
5044 3" PVC CASING (WATER SERVICE)69.00 LF $60.00 $ (4,140.00)
1200w WATER CONTINGENCY 1.00 LS $133,340.17 $ (133,340.17)
Total Water Decreases To PO Code (P): $ (355,946.61)
1203w WATER SALES TAX SAVINGS 1.00 LS $9,533.15 $ (9,533.15)
$ (365,479.76)
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
5002 INSTALL WATERMAIN 6"328.10 LF $122.00 $ 40,028.20
5003 INSTALL WATERMAIN 8"338.25 LF $180.00 $ 60,885.00
5004 INSTALL WATERMAIN 12"31.00 LF $175.00 $ 5,425.00
5020 CAST IRON FITTINGS 0.494 TN $3,500.00 $ 1,729.00
5029 REMOVE FIRE HYDRANTS 1.00 EA $1,300.00 $ 1,300.00
Total Water Increases to PO Code (P): $ 109,367.20
5048 Water Pipe Bedding Stone Per Agreement 284.27039 CY $60.50 $ 17,198.36
$ 126,565.56
$ (238,914.20)
Decrease Water Owner Direct Purchase (Material)
1202w WATER OWNER DIRECT PURCHASES 1.00 LS $148,832.80 $ (148,832.80)
Total Water Net Decreases/Increases to Contract: $ (387,747.00)
Total Water Decreases to PO:
Decreases Water Code 0378-92267-563800-533-000-0000 (M)
Total Water Net Decreases/Increases/Additions to PO:
Increases Water Code 0378-92267-563800-533-000-0000 (P)
Total Water Increases/Additions to PO Code (P):
Additions Water Code 0378-92267-563800-533-000-0000
Attachment number 1
Page 6 of 8
Change Order No. 2 and Final
Page 7 of 8
PROJECT: Beach By Design Coronado Drive Improvements
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
5007 REMOVE AND REPLACE SANITARY - 8"51 LF $136.00 $ (6,936.00)
5008REMOVE AND REPLACE SANITARY - 16"5.50LF$200.00 $ (1,100.00)
5027s UTILITY SERVICE LINE RECONNECT 13 LF $370.00 $ (4,810.00)
5033sUTILITY PIPE TO BE ABANDONED IN
PLACE</=10", <20" DIA
884.00EA$23.25 $ (20,553.00)
5035 INSTALL NEW SANITARY MANHOLES 1.00 EA $4,800.00 $ (4,800.00)
5039CONCRETE CAP OF RECLAIMED WATER
MAIN
104.00EA$44.00 $ (4,576.00)
5045 8" x 6" DIP WYE 6.00 EA $1,575.00 $ (9,450.00)
5047SAN TRENCH PAVEMENT REPLACEMENT340.00LF$70.00 $ (23,800.00)
1200s SANITARY CONTINGENCY 1.00 LS $48,957.09 $ (48,957.09)
Total Sanitary Decreases to PO Code Q: $ (124,982.09)
1203s SANITARY SALES TAX SAVINGS 1.00 LS $3,822.54 $ (3,822.54)
(128,804.63)$
5009 INSTALL SANITARY LINE - 10"87.50 LF $140.00 $ 12,250.00
5010 INSTALL SANITARY LINE - 12"17.00 LF $157.00 $ 2,669.00
Increases Sanitary Code 0378-92267-563800-535-000-0000 (Q) (Continued)
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
5031sUTILITY PIPE TO BE REMOVED</= 10" DIA154.0440LF$62.00 $ 9,550.73
5028sUTILITY SERV CONNECTION CLEANOUT48.50EA$1,350.00 $ 65,475.00
5032sUTILITY PIPE TO BE REMOVED >10", <20"40.00LF$77.00 $ 3,080.00
5034 ADJUST MANHOLES 6.00 EA $620.00 $ 3,720.00
Decreases Sanitary Code 0378-92267-563800-535-000-0000 Code (N)
Increases Sanitary Code 0378-92267-563800-535-000-0000 (Q)
Total Sanitary Decreases to PO:
Decreases Sanitary Code 0378-92267-563800-535-000-0000 Code (Q)
5034 ADJUST MANHOLES 6.00 EA $620.00 $ 3,720.00
50466" LATERAL SERVICE PIPING (SANITARY)123.50LF$162.50 $ 20,068.75
$ 116,813.48
Additions Sanitary Code 0378-92267-563800-535-000-0000 (Q)
1201sCONTRACTOR ENTITLEMENT
(SANITARY)
1LS$74,071.69 $ 74,071.69
Total Sanitary Increases/Additions to PO Code (Q): $ 190,885.17
$ 62,080.54
Decrease Sanitary Owner Direct Purchase (Material)
1202sSANITARY OWNER DIRECT PURCHASES1LS$59,449.30 $ (59,449.30)
Total Sanitary Net Decreases/Increases/Additions to Contract: $ 2,631.24
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
5006 RECLAIMED WATER MAIN 12"27.42 LF $181.00 $ (4,963.02)
5027 UTILITY SERVICE LINE RECONNECT 1.00 LF $370.00 $ (370.00)
5028r UTILITY SERVICES CONNECTION CLEAN-
OUT
0.50EA$1,350.00 $ (675.00)
5031r UTILITY PIPE TO BE REMOVED</= 10" DIA24.92LF$62.00 $ (1,545.04)
5033r UTILITY PIPE TO BE ABANDONED IN
PLACE</=10" D
68.00EA$23.25 $ (1,581.00)
5039r CONCRETE CAP OF RECLAIMED WATER
MAIN
8.00LF$44.00 $ (352.00)
1200r RECLAIMED CONTINGENCY 1.00 LS $3,646.54 $ (3,646.54)
Total Reclaimed Decreases to PO Code (J): $ (13,132.60)
1203r RECLAIMED SALES TAX SAVINGS 1.00 LS $6.07 $ (6.07)
$ (13,138.67)Total Reclaimed Net Decreases/Additions to PO:
Decreases Reclaimed Code 0376-92267-563800-533-000-0000 (O)
Total Sanitary Increases to PO Code (Q):
Total Sanitary Net Decreases/Increases/Additions to PO:
Decreases Reclaimed Code 0376-92267-563800-533-000-0000 (J)
Attachment number 1
Page 7 of 8
Change Order No. 2 and Final
Page 8 of 8
PROJECT: Beach By Design Coronado Drive Improvements
Decrease Reclaimed Owner Direct Purchase (Material)
1202sRECLAIMED OWNER DIRECT PURCHASES 1LS $96.78 $ (96.78)
Total Reclaimed Net Decreases/Additions to Contract: $ (13,235.45)
Total Utility Net Decreases/Increases/Additions to PO (189,972.33)$
$ (398,351.21)
Summary of Changes to PO:
Total Roads & Administration Net Decreases/Increases/Additions to PO (385,442.33)$
Total Drainage Net Decreases/Increases/Additions to PO 294,429.86$
Total Water Net Decreases/Increases/Additions to PO (238,914.20)$
Total Sanitary Net Decreases/Increases/Additions to PO 62,080.54$
Total Reclaimed Net Decreases/Additions to PO (13,138.67)$
$ (280,984.80)
Summary of Changes to Contract:
Total Roads & Administration Net Decreases/Increases/Additions to Contract (555,458.33)$
Total Drainage Net Decreases/Increases/Additions to Contract 163,290.71$
Total Water Net Decreases/Increases/Additions to Contract (387,747.00)$
Total Sanitary Net Decreases/Increases/Additions to Contract 2,631.24$
Total Reclaimed Net Decreases/Additions to Contract (13,235.45)$
$ (790,518.83)
Total Utility Net Decreases/Increases/Additions to Contract:
Attachment number 1
Page 8 of 8
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low
Density Residential (LDR) District for 1820 Beverly Circle N. (Lot 13, Block “C”, Meadow Creek in Section 24, Township 29 South,
Range 15 East); and Pass Ordinances 8029-09, 8030-09 and #8031-09 on first reading. (ANX2008-11018)
SUMMARY:
This voluntary annexation petition involves a 0.253-acre property consisting of one parcel of land occupied by a single-family
dwelling. It is located on the north side of Beverly Circle, approximately 375 feet east of Keene Road. The applicant is requesting this
annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is
contiguous to existing City boundaries to the east and west. It is proposed that the property be assigned a Future Land Use Plan
designation of Residential Low (RL) and a zoning category of Low Density Residential (LDR).
The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
The property currently receives water service from Pinellas County. The closest sanitary sewer line is located in the adjacent
Beverly Circle right-of-way and the applicant has paid the City's sewer impact and assessment fees and is aware of the additional
costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The
property is located within Police District III and service will be administered through the district headquarters located at 2851 N.
McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 47 located at 1460
Lakeview Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS
service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan:
Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater
Development Code.
The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this
property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be
assigned to the property is the Low Density Residential (LDR) District. The use of the subject property is consistent with the
uses allowed in the District and the meets the District’s minimum dimensions through the Flexible Standard requirements. The
proposed annexation is therefore consistent with the Countywide Plan, City’s Comprehensive Plan and Community
Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to the east and west; therefore the annexation is
consistent with Florida Statutes Chapter 171.044.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
PROJECT
SITE
-N
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Location Map
Owner Thomas P. and Jennifer L.H. Lechner Case: ANX2008-11018
Site: 1820 Beverly Circle N. Property
Size (Acres): 0.253
Land Use Zoning
PIN: 24-29-15-56520-003-0130
From :
To:
RL (County) R-3 (County)
RL (City) LDR (City) Atlas Page: 308A
S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-11018 - 1820 Beverly Circle N -
Lechner\Maps\LOCATION.doc
Attachment number 1
Page 1 of 7
S KEENE RD
S KEENE RD
LAKEVIEW RD LAKEVIEW RD
BROOKSIDE RD
BROOKSIDE RD
BRENTWOOD DR BRENTWOOD DR
KENDALL DR KENDALL DR
BEVERLY CIR NBEVERLY CIR N
MEADOW LN MEADOW LN
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Aerial Photograph
Owner Thomas P. and Jennifer L.H. Lechner Case: ANX2008-11018
Site: 1820 Beverly Circle N. Property
Size (Acres): 0.253
Land Use Zoning
PIN: 24-29-15-56520-003-0130
From :
To:
RL (County) R-3 (County)
RL (City) LDR (City) Atlas Page: 308A
S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-11018 - 1820 Beverly Circle N -
Lechner\Maps\AERIAL.doc
Attachment number 1
Page 2 of 7
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S KEENE RD
LAKEVIEW RD
BROOKSIDE RD
BRENTWOOD DR
KENDALL DR
BEVERLY CIR N
MEADOW LN
1262
1230
119
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Proposed Annexation Map
Owner Thomas P. and Jennifer L.H. Lechner Case: ANX2008-11018
Site: 1820 Beverly Circle N. Property
Size (Acres): 0.253
Land Use Zoning
PIN: 24-29-15-56520-003-0130
From :
To:
RL (County) R-3 (County)
RL (City) LDR (City) Atlas Page: 308A
S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-11018 - 1820 Beverly Circle N -
Lechner\Maps\PROPOSED.doc
Attachment number 1
Page 3 of 7
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1 2 3 4 56 789
12 34 5 6 7 8 9 10
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95.7 95.7
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96
S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-11018 - 1820 Beverly Circle N -
Lechner\Maps\FUTURE LAND USE.doc
1314151617
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LAKEVIEW RD
BROOKSIDE RD
BRENTWOOD DR
KENDALL DR
BEVERLY CIR N
MEADOW LN
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Future Land Use Map
Owner Thomas P. and Jennifer L.H. Lechner Case: ANX2008-11018
Property
Size (Acres): Site: 1820 Beverly Circle N. 0.253
Land Use Zoning
PIN: 24-29-15-56520-003-0130
From : RL (County) R-3 (County)
To: RL (City) LDR (City) Atlas Page: 308A
Attachment number 1
Page 4 of 7
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S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-11018 - 1820 Beverly Circle N -
Lechner\Maps\ZONING.doc
C 13
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LAKEVIEW RD
BRENTWOOD DR
BROOKSIDE RD
KENDALL DR
BEVERLY CIR N
MEADOW LN
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Zoning Map
Owner Thomas P. and Jennifer L.H. Lechner Case: ANX2008-11018
Property
Size (Acres): Site: 1820 Beverly Circle N. 0.253
Land Use Zoning
PIN: 24-29-15-56520-003-0130
From : RL (County) R-3 (County)
To: RL (City) LDR (City) Atlas Page: 308A
Attachment number 1
Page 5 of 7
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S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-11018 - 1820 Beverly Circle N -
Lechner\Maps\EXISTING.doc
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Church
Single Family Residential
Single Family Residential
Existing Surrounding Uses Map
Owner Thomas P. and Jennifer L.H. Lechner Case: ANX2008-11018
Property
Size (Acres): Site: 1820 Beverly Circle N. 0.253
Land Use Zoning
PIN: 24-29-15-56520-003-0130
From : RL (County) R-3 (County)
To: RL (City) LDR (City) Atlas Page: 308A
Attachment number 1
Page 6 of 7
ANX2008-11018
Lechner, Thomas P. and Jennifer L.H.
1820 Beverly Circle N.
View looking westerly along Beverly Circle N.View looking easterly along Beverly Circle N.
View looking north at the subject property, 1820 Beverly
Circle N.
View looking west from the subject property.
View looking south from the subject property.
View looking east from the subject property.
Attachment number 1
Page 7 of 7
Ordinance No. 8029-09
ORDINANCE NO. 8029-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF BEVERLY CIRCLE NORTH, APPROXIMATELY
375 FEET EAST OF KEENE ROAD, CONSISTING OF LOT 13,
BLOCK C, MEADOW CREEK, WHOSE POST OFFICE ADDRESS
IS 1820 BEVERLY CIRCLE NORTH, INTO THE CORPORATE
LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY
LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 13, Block C, Meadow Creek, according to the Plat thereof, recorded in Plat
Book 36, Page 26, Public Records of Pinellas County, FL
(ANX2008-11018)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
___________________________ ____________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 2
Page 1 of 1
Ordinance No. 8030-09
ORDINANCE NO. 8030-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF BEVERLY CIRCLE NORTH,
APPROXIMATELY 375 FEET EAST OF KEENE ROAD,
CONSISTING OF LOT 13, BLOCK C, MEADOW CREEK,
WHOSE POST OFFICE ADDRESS IS 1820 BEVERLY CIRCLE
NORTH, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 13, Block C, Meadow Creek, according to the Residential Low (RL)
Plat thereof, recorded in Plat Book 36, Page 26, Public
Records of Pinellas County, FL
(ANX2008-11018)
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8029-09.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 3
Page 1 of 1
Ordinance No. 8031-09
ORDINANCE NO. 8031-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE NORTH SIDE OF BEVERLY CIRCLE NORTH,
APPROXIMATELY 375 FEET EAST OF KEENE ROAD,
CONSISTING OF LOT 13, BLOCK C, MEADOW CREEK,
WHOSE POST OFFICE ADDRESS IS 1820 BEVERLY
CIRCLE NORTH UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot 13, Block C, Meadow Creek, according to the Low Density Residential
Plat thereof, recorded in Plat Book 36, Page 26, (LDR)
Public Records of Pinellas County, FL
(ANX2008-11018)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No 8029-09.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 4
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low
Medium Density Residential (LMDR) District for 1860 Carlton Drive (Lot 2, Block A, Carlton Terrace in Section 5, Township 29
South, Range 16 East); and Pass Ordinances 8032-09, 8033-09 and 8034-09 on first reading. (ANX2008-12019)
SUMMARY:
This voluntary annexation petition involves a 0.168-acre property consisting of one parcel of land occupied by a single-family
dwelling. It is located on the west side of Carlton Drive, approximately 85 feet south of South Drive. The applicant is requesting this
annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is
contiguous to existing City boundaries to the west. It is proposed that the property be assigned a Future Land Use Plan designation of
Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
The property currently receives water service from Pinellas County. The closest sanitary sewer line is located in the adjacent
Carlton Drive right-of-way and the applicant has paid the City's sewer impact and assessment fees and is aware of the additional
costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The
property is located within Police District III and service will be administered through the district headquarters located at 2851
North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at
1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and
EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan:
Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater
Development Code.
The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this
property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be
assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent
with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed
annexation is therefore consistent with the Countywide Plan, City’s Comprehensive Plan and Community Development Code;
and
The property proposed for annexation is contiguous to existing City boundaries to the west; therefore the annexation is consistent with
Florida Statutes Chapter 171.044.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
PROJECT
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Location Map
Owner Mary Jo Bower Case: ANX2008-12019
Site: 1860 Carlton Drive Property
Size (Acres):
0.168
Land Use Zoning
PIN: 05-29-16-13536-001-0020
From :
To:
RL (County) R-3 (County)
RL (City) LMDR (City) Atlas Page: 264A
S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-12019 - 1860 Carlton Drive -
Bower\Maps\LOCATION.doc
Attachment number 1
Page 1 of 7
US
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SOUTH DR SOUTH DR
CARLTON DR
CARLTON DR
WOODRING DR WOODRING DR
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Aerial Photograph
Owner Mary Jo Bower Case: ANX2008-12019
Site: 1860 Carlton Drive Property
Size (Acres):
0.168
Land Use Zoning
PIN: 05-29-16-13536-001-0020
From :
To:
RL (County) R-3 (County)
RL (City) LMDR (City) Atlas Page: 264A
S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-12019 - 1860 Carlton Drive -
Bower\Maps\AERIAL.doc
Attachment number 1
Page 2 of 7
SEE PLAT FOR DIMENSIONS*
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Proposed Annexation Map
Owner Mary Jo Bower Case: ANX2008-12019
Site: 1860 Carlton Drive Property
Size (Acres):
0.168
Land Use Zoning
PIN: 05-29-16-13536-001-0020
From :
To:
RL (County) R-3 (County)
RL (City) LMDR (City) Atlas Page: 264A
S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-12019 - 1860 Carlton Drive -
Bower\Maps\PROPOSED.doc
Attachment number 1
Page 3 of 7
SEE PLAT FOR DIMENSIONS*
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WOODRING DR
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S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-12019 - 1860 Carlton Drive -
Bower\Maps\FUTURE LAND USE.doc
RL
Future Land Use Map
Owner Mary Jo Bower Case: ANX2008-12019
0.168 Property
Size (Acres):Site: 1860 Carlton Drive
Land Use Zoning
PIN: 05-29-16-13536-001-0020
From : RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 264A
Attachment number 1
Page 4 of 7
SEE PLAT FOR DIMENSIONS*
66
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13536
1 2 3 4 5 6
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MDR
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CARLTON DR
WOODRING DR
LMDR
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Bower\Maps\ZONING.doc
LMDR
Zoning Map
Owner Mary Jo Bower Case: ANX2008-12019
0.168 Property
Size (Acres): Site: 1860 Carlton Drive
Land Use Zoning
PIN: 05-29-16-13536-001-0020
From : RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 264A
Attachment number 1
Page 5 of 7
SEE PLAT FOR DIMENSIONS*
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1 2 3 4 5 6
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Bower\Maps\EXISTING.doc
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Multi-Family
Residential
Auto Sales &
Storage Single Family Residential
Drive-In Restaurant Single Family Residential
Vacant Commercial
Single Family Residential
Existing Surrounding Uses Map
Owner Mary Jo Bower Case: ANX2008-12019
0.168 Property
Size (Acres):Site: 1860 Carlton Drive
Land Use Zoning
PIN: 05-29-16-13536-001-0020
From : RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 264A
Attachment number 1
Page 6 of 7
ANX2008-12019
Bower, Mary Jo
1860 Carlton Drive
View looking west at the subject property, 1860 Carlton Drive
View looking north from the subject property
View looking east from the subject property
View looking south from the subject property
View looking northerly along Carlton DriveView looking southerly along Carlton Drive
Attachment number 1
Page 7 of 7
Ordinance No.8032-09
ORDINANCE NO. 8032-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF CARLTON DRIVE, APPROXIMATELY 85 FEET
SOUTH OF SOUTH DRIVE, CONSISTING OF LOT 2, BLOCK A,
CARLTON TERRACE, WHOSE POST OFFICE ADDRESS IS
1860 CARLTON DRIVE, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 2, Block A, Carlton Terrace, according to the map or plat thereof as recorded in
Plat Book 41, Page 16, Public Records of Pinellas County, Florida
(ANX2008-12019)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
___________________________ ____________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 2
Page 1 of 1
Ordinance No. 8033-09
ORDINANCE NO. 8033-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY LOCATED ON THE WEST SIDE OF
CARLTON DRIVE, APPROXIMATELY 85 FEET SOUTH OF
SOUTH DRIVE, CONSISTING OF LOT 2, BLOCK A,
CARLTON TERRACE, WHOSE POST OFFICE ADDRESS
IS 1860 CARLTON DRIVE, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 2, Block A, Carlton Terrace, according to the map Residential Low (RL)
or plat thereof as recorded in Plat Book 41, Page 16,
Public Records of Pinellas County, Florida
(ANX2008-12019)
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8032-09.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 3
Page 1 of 1
Ordinance No. 8034-09
ORDINANCE NO. 8034-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE WEST SIDE OF CARLTON DRIVE, APPROXIMATELY
85 FEET SOUTH OF SOUTH DRIVE, CONSISTING OF
LOT 2, BLOCK A, CARLTON TERRACE, WHOSE POST
OFFICE ADDRESS IS 1860 CARLTON DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW MEDIUM DENSITY RESIDENTIAL (LMDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot 2, Block A, Carlton Terrace, according to the Low Medium Density
map or plat thereof as recorded in Plat Book 41, Residential (LMDR)
Page 16, Public Records of Pinellas County, Florida
(ANX2008-12019)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8032-09.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 4
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Approve the Annexation, Initial Land Use Plan Designation of Residential/Office Limited (R/OL) and Initial Zoning Atlas Designation
of Office (O) District for 2655 SR 580 (Lot 2 of State Road 580 Professional Office Centre) in Section 29, Township 28 South, Range
16 East) and 2665 SR 580 (Lot 1, Kerwin Subdivision, in Section 29, Township 28 South, Range 16 East); and Pass Ordinances 8035-
09, 8036-09 and 8037-09 on first reading. (ATA2008-10001)
SUMMARY:
The City is bringing this property into its jurisdiction in compliance with the Agreement to Annex (ATA), signed by Timothy J. Kerwin
on April 13, 2001. This voluntary annexation petition involves a 1.28 acre property consisting of two parcels of land. It is located on the
south side of SR 580, approximately 500 feet west of Countryside Boulevard. The first parcel was subdivided into condominiums after
the ATA was signed, and is occupied by a medical complex consisting of three individual offices and a common area. The second
parcel contains a single medical office. The annexation of the property will eliminate an enclave. As such, this property is contiguous to
existing City boundaries to the north, south, east and west. The Planning Department is requesting that the 0.20-acres of abutting SR
580 right-of-way not currently within the City limits also be annexed. It is proposed that the property be assigned a Future Land Use
Plan designation of Residential/Office Limited(R/OL) and a zoning category of Office (O).
The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
This property is currently receiving water, sewer and solid waste services from the City. The property is located within Police
District III and service is administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and
emergency medical services are provided to this property by Station 50 located at 2681 Countryside Blvd. The City has adequate
capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not
have an adverse effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan:
Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater
Development Code.
The proposed R/OL Future Land Use Plan category is consistent with the current Countywide Plan designation of this
property. The R/OL designation primarily permits residential and office uses at a density of 7.5 units per acre or office uses
where the floor area ratio (FAR) does not exceed .40 and the impervious surface ratio (ISR) does not exceet .75. The proposed
zoning district to be assigned to the property is the Office (O) District. The use of the subject property is consistent with the uses
allowed in the District and each parcel exceeds the District’s minimum dimensional requirements. The proposed annexation is
therefore consistent with the Countywide Plan, City’s Comprehensive Plan and Community Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to the north, south, east and west; therefore the
annexation is consistent with Florida Statutes Chapter 171.044.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
PROJECT
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Location Map
Owner Multiple Owners Case: ATA2008-10001
Site: 2655 SR 580 and 2665 SR 580
Property Size (Acres):
Size R-O-W (Acres):
1.28
0.20
Land Use Zoning
PIN:
29-28-16-85183-000-0001
29-28-16-85183-000-2010
29-28-16-85183-000-2020
29-28-16-85183-000-2040
29-28-16-46524-000-0010
From :
To:
R/OL (County) P-1A (County)
R/OL (City) O (City)
Atlas Page: 222A
S:\Planning Department\C D B\Annexations\ATA-ANX 2008\ATA2008-10001 - SR 580 - Tracker
Corp\Maps\LOCATION.doc
Attachment number 1
Page 1 of 8
SR 580 SR 580
C O U N T R Y S I D E B L V D
C O U N T R Y S ID E B L V D
SR 580 SR 580
C O U N T R Y S I D E B L V D
C O U N T R Y S I D E B L V D
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Aerial Photograph
Owner Multiple Owners Case: ATA2008-10001
Site: 2655 SR 580 and 2665 SR 580
Property Size (Acres):
Size R-O-W (Acres):
1.28
0.20
Land Use Zoning
PIN:
29-28-16-85183-000-0001
29-28-16-85183-000-2010
29-28-16-85183-000-2020
29-28-16-85183-000-2040
29-28-16-46524-000-0010
From :
To:
R/OL (County) P-1A (County)
R/OL (City) O (City)
Atlas Page: 222A
S:\Planning Department\C D B\Annexations\ATA-ANX 2008\ATA2008-10001 - SR 580 - Tracker
Corp\Maps\AERIAL.doc
Attachment number 1
Page 2 of 8
62 63
58240
PHASE V
PHASE IV
PHASE IV
PHASE III
PHASE II
175
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98
4652485183
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SR 580
SABA L S PR IN GS CIR
C O U N T R Y S I D E B L V D
SR 580
C O U N T R Y S I D E B L V D
2
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3
6 2
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S:\Planning Department\C D B\Annexations\ATA-ANX 2008\ATA2008-10001 - SR 580 - Tracker
Corp\Maps\PROPOSED.doc
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Proposed Annexation Map
Owner Multiple Owners Case: ATA2008-10001
Site: 2655 SR 580 and 2665 SR 580
Property Size (Acres):
Size R-O-W (Acres):
1.28
0.20
Land Use Zoning
PIN:
29-28-16-85183-000-0001
29-28-16-85183-000-2010
29-28-16-85183-000-2020
29-28-16-85183-000-2040
29-28-16-46524-000-0010
From :
To:
R/OL (County) P-1A (County)
R/OL (City) O (City)
Atlas Page: 222A
Attachment number 1
Page 3 of 8
62 63
58240
PHASE V
PHASE IV
PHASE IV
PHASE III
PHASE II
175
10
7
1
2
0
63
77643
98
S:\Planning Department\C D B\Annexations\ATA-ANX 2008\ATA2008-10001 - SR 580 - Tracker
Corp\Maps\FUTURE LAND USE.doc
4652485183
PH I
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3 0
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2
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5
8
2
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1
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RM
RU
T/U
T/U
2
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2670
2680
27
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2 6 7 1
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2693
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2660
2744
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2
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8
7
2663
2 6 3 0
2 6 8 3
2
7
1
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2 7 0 4
2650
SR 580
SABA L S PR IN GS CIR
C O U N T R Y S I D E B L V D
SR 580
C O U N T R Y S I D E B L V D
2
6
5
4
26
2
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R/OL
Future Land Use Map
Owner Multiple Owners Case: ATA2008-10001
Property Size (Acres): 1.28 Site: 2655 SR 580 and 2665 SR 580
0.20 Size R-O-W (Acres):
Land Use Zoning 29-28-16-85183-000-0001
29-28-16-85183-000-2010
PIN: 29-28-16-85183-000-2020
29-28-16-85183-000-2040
29-28-16-46524-000-0010
From : R/OL (County) P-1A (County)
To: R/OL (City) O (City)
Atlas Page: 222A
Attachment number 1
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S:\Planning Department\C D B\Annexations\ATA-ANX 2008\ATA2008-10001 - SR 580 - Tracker
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SABA L S PR IN GS CIR
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Zoning Map
Owner Multiple Owners Case: ATA2008-10001
Property Size (Acres): 1.28 Site: 2655 SR 580 and 2665 SR 580
0.20 Size R-O-W (Acres):
Land Use Zoning 29-28-16-85183-000-0001
29-28-16-85183-000-2010
PIN: 29-28-16-85183-000-2020
29-28-16-85183-000-2040
29-28-16-46524-000-0010
From : R/OL (County) P-1A (County)
To: R/OL (City) O (City)
Atlas Page: 222A
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C O U N T R Y S I D E B L V D
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Multi-Family Residential
Recreation
Medical
Offices
Multi-Family Residential
Multi-Family Residential
Existing Surrounding Uses Map
Owner Multiple Owners Case: ATA2008-10001
Property Size (Acres): 1.28 Site: 2655 SR 580 and 2665 SR 580
0.20 Size R-O-W (Acres):
Land Use Zoning 29-28-16-85183-000-0001
29-28-16-85183-000-2010
PIN: 29-28-16-85183-000-2020
29-28-16-85183-000-2040
29-28-16-46524-000-0010
From : R/OL (County) P-1A (County)
To: R/OL (City) O (City)
Atlas Page: 222A
Attachment number 1
Page 6 of 8
ATA2008-10001
City of Clearwater –Tracker Corp ATA
2655 SR 580 & 2665 SR 580
View looking north from the subject properties, 2655 SR 580
and 2665 SR 580.
View looking south at the subject property, 2655 SR 580 View looking south at the subject property, 2665 SR 580
View looking west from the subject property, 2655 SR 580 View looking east from the subject property, 2665 SR 580
Page 1 of 2
Attachment number 1
Page 7 of 8
View looking easterly along SR 580
ATA2008-10001
City of Clearwater –Tracker Corp ATA
2655 SR 580 & 2665 SR 580
Page 2 of 2
View looking westerly along SR 580
Attachment number 1
Page 8 of 8
Ordinance No. 8035-09
ORDINANCE NO. 8035-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF STATE ROAD 580, APPROXIMATELY 500
FEET WEST OF COUNTRYSIDE BOULEVARD, CONSISTING OF
LOT 1, KERWIN SUBDIVISION AND LOT 2, STATE ROAD NO.
580 PROFESSIONAL OFFICE CENTRE, WHOSE POST OFFICE
ADDRESS IS 2655 STATE ROAD 580, TOGETHER WITH THE
ABUTTING RIGHT-OF-WAY OF STATE ROAD 580, AND 2665
STATE ROAD 580, TOGETHER WITH THE ABUTTING RIGHT-
OF-WAY OF STATE ROAD 580, INTO THE CORPORATE LIMITS
OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF
THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See attached legal description
(ATA2008-10001)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
___________________________ ____________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 2
Page 1 of 1
Ordinance No. 8036-09
ORDINANCE NO. 8036-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF STATE ROAD 580, APPROXIMATELY 500
FEET WEST OF COUNTRYSIDE BOULEVARD, CONSISTING
OF LOT 1, KERWIN SUBDIVISION AND LOT 2, STATE ROAD
NO. 580 PROFESSIONAL OFFICE CENTRE, WHOSE POST
OFFICE ADDRESS IS 2655 STATE ROAD 580, TOGETHER
WITH THE ABUTTING RIGHT-OF-WAY OF STATE ROAD 580,
AND 2665 STATE ROAD 580, TOGETHER WITH THE
ABUTTING RIGHT-OF-WAY OF STATE ROAD 580, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL/OFFICE LIMITED (R/OL); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
See attached legal description Residential/Office Limited (R/OL)
(ATA2008-10001)
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8035-09.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 3
Page 1 of 1
Ordinance No. 8037-09
ORDINANCE NO. 8037-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE
OF STATE ROAD 580, APPROXIMATELY 500 FEET WEST OF
COUNTRYSIDE BOULEVARD, CONSISTING OF LOT 1,
KERWIN SUBDIVISION AND LOT 2, STATE ROAD NO. 580
PROFESSIONAL OFFICE CENTRE, WHOSE POST OFFICE
ADDRESS IS 2655 STATE ROAD 580, TOGETHER WITH THE
ABUTTING RIGHT-OF-WAY OF STATE ROAD 580, AND 2665
STATE ROAD 580, TOGETHER WITH THE ABUTTING RIGHT-
OF-WAY OF STATE ROAD 580, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS OFFICE (O); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property Zoning District
See attached legal description Office (O)
(ATA2008-10001)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8035-09.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 4
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Economic Development Strategic Plan Schedule - Work Session Discussion
SUMMARY:
Review Approval:1) Clerk
Cover Memo
ED Strategic Plan Memo 2-09 Page 1
M E M O R A N D U M
TO: Rod Irwin, Assistant City Manager for Economic Development
FROM: Geri Campos Lopez, Director, Economic Development and Housing
CC: William Horne, City Manager
DATE: February 9, 2009
RE: Economic Development Strategic Plan—Council Discussion
Background
Prior to 2006, the City of Clearwater’s economic development priorities have
focused largely on the redevelopment of downtown and the beach. These areas
were targeted for improved performance as the city’s primary economic
generators.
The City and Community Redevelopment Agency (CRA) have seen success in
both of these areas over the last several years, with some important projects and
activities completed. Continued emphasis will be required into the future,
however, to consolidate and build upon the gains made to date and insure the
City receives the “return on investment” sought by our efforts.
At the same time, the City Administration recognized the need to broaden its
economic development focus and begin to address citywide needs for tax base
expansion and job development in the more traditional mode of economic
development. The CRA will play a larger role in the continuing efforts for
redevelopment.
Therefore, in an effort to efficiently delineate roles and responsibilities, the
Economic Development and Housing Department was restructured in 2006, per
our discussions, to focus more on citywide economic development efforts. The
current department focus is on:
1) Citywide Business Development/Recruitment/Retention - Expand our
business recruitment, relocation assistance and retention activities
beyond the Downtown and Beach areas, to promote a citywide “focus”
and address the expansion of tax base and job development
Attachment number 1
Page 1 of 5
ED Strategic Plan Memo 2-09 Page 2
throughout the City. In addition, we are concentrating on business
retention and expansion of existing businesses to identify those with
growth opportunities.
2) Community Development - Focus is on the neighborhood areas
outside the beach/ downtown, currently the East Gateway, to support
redevelopment efforts through enhanced community–building and
improvements. In addition, we are looking for ways to integrate
affordable housing as a component to this effort. Future efforts will
likely include Jack Russell Stadium, Missouri Avenue business
corridor, the Drew Street and Saturn Avenue commercial area, among
others, as need dictates.
3) Promotion of Affordable Housing - Develop strategies, programs and
strategic partnerships to “leverage” available funds and maximize our
opportunities to increase/maintain the supply of quality affordable
housing.
4) Tourism - Fund, support and coordination with the Chamber of
Commerce on tourism marketing/development, to enhance and
increase this critical economic engine for the City.
Defining the Issue
While the new department reorganization has heightened effectiveness of our
economic development efforts overall, we are encountering impediments in the
business development/recruitment effort. The pertinent challenges include:
1) Limited availability of land - Few parcels of land are available for
development, particularly in the IRT zoning, creating challenges in
meeting prospect site needs in a largely “built out” community and creating
cost issues for parcel assemblage.
2) Little data on current economic base - Much of the data available is old
and needs to be researched to clearly identify industries in the City of
Clearwater.
3) Few incentives are available outside of the CRA and the Brownfields Zone
- The incentives available, mainly the QTI Program and the Incumbent
Worker Training grants, are not targeting the full range of today’s business
needs.
For effective economic development that increases the number of high quality
jobs, revenues and tax base, Clearwater needs to assess their current situation
and chart a path of where it wants to go and how to get there. With this in mind, I
Attachment number 1
Page 2 of 5
ED Strategic Plan Memo 2-09 Page 3
have recommended as part of this year’s department work program that we look
into laying the foundation for the creation of a citywide Economic Development
Strategic Plan.
Additionally, we are increasingly meeting with businesses that would like to
relocate into the City. However, they do not qualify for any of our current
incentive programs and may need the City’s assistance in different ways. This
example has prompted the discussion of whether to make the development of
the economic development strategic plan a priority work program item for the
Department.
We are currently in discussions with a significant prospect that would desire to
relocate to Clearwater, and would not only bring quality jobs themselves, but
would likely attract a “cluster” of supporting businesses that would also seek to
locate in the City. We currently have neither the policy framework nor the
incentive/assistance structure to respond effectively.
In the past, we have largely deferred to the County economic development
agency for leadership in such business recruitment and relocation. However, we
have found that the breadth and scope of the County’s focus is not always
consistent with our needs as a fully-developed City, and we would be better
served with our own efforts and priorities, that cooperate with County and
regional initiatives, rather than completely rely upon them.
Finally, as part of the Tampa Bay Partnership’s new three-year Strategic Plan,
they are developing a “Model for Prosperity” that is looking at the regional
economy and identifying areas for investment and growth. One focus area is a
“blueprint for economic development” that is research-based to drive regional
prosperity by identifying and supporting the region’s strengths and fueling job
growth.
The City needs to be prepared to use the information being collected by our
partners for implementation in our area. To do so, however, we need to clarify
our own position and objectives as a community.
Components of an Economic Development Strategic Plan
Strategic planning is a process that communities take to look at its current
situation, envision their future, and take the appropriate steps, given the local
resources, to achieve that future. Economic development strategic planning
involves1:
• A realistic appraisal of available resources, constraints, and opportunities
• The development of achievable goals
• The formulation and implementation of project action plans to reach goals
A strategic planning process is not about grand plans; it is about focusing on the
key or critical issues and charting a feasible path to address those issues. The
1 International Economic Development Council’s workbook on Economic Development Strategic Planning
Attachment number 1
Page 3 of 5
ED Strategic Plan Memo 2-09 Page 4
development of a plan usually takes between 6 months to 1 year and would
require consultant assistance to complete. It involves feedback from stakeholders
in the community and a commitment to making changes.
The following are traditional elements of an economic development strategic
plan:
• Economic Inventory and Analysis
o Current economic conditions
o Population characteristics
o Labor force characteristics
o Physical condition
o Business climate
o Knowledge-based resources
o Quality of life
• SWOT Analysis
o Assesses a community’s competitive position as a function of its
internal and external factors by examining its strengths,
weaknesses, opportunities and threats
• Development of Mission, Goals, Objectives, Strategies, and Action Plans
o This is the road map that seeks to build on local strengths and
mitigate local weaknesses--the more action-oriented items the
better
o Meaningful incentives and assistance programs must be created to
“leverage” the goals and objectives of the Plan.
• Monitoring and Evaluation
o Flexibility is key to make necessary changes and respond to
problems that arise
Discussion Items:
The questions for Council discussion are as follows:
1) Does the Council support an economic development strategic planning
effort?
2) If so, is it a priority work program item?
3) Is there a commitment to the cost and timeframe requirements?
4) If not, what is the framework for working with the current economic
development challenges as they arise?
5) If so, what “interim” measures can we take to assist prospective
businesses during the plan development period?
Attachment number 1
Page 4 of 5
ED Strategic Plan Memo 2-09 Page 5
Summary
The City needs to take a look at the economic challenges in the future. It must
define the direction it needs to go with its future investments that serve to create
value for the City and its residents. The City has laid the groundwork for
redevelopment corridors and other areas through changes in the city’s
Comprehensive Plan and expansion of CRA activities i.e. the East Gateway Five
Year Plan.
We need to expand that scope and develop a strategy and toolbox for
addressing the economic development needs of the entire City to assure
continued and enhanced economic health, tax base expansion and quality job
creation.
We seek your direction on how to proceed within the overall priorities of the
Council.
Attachment number 1
Page 5 of 5
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Appoint one member to the Community Development Board with the term expiring February 28, 2013.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Community Development Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Yes
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7 & 1 alternate
CHAIRPERSON: Nicholas C. Fritsch
MEETING DATES: 3rd Tues., 1:00 p.m.
PLACE: Council Chambers APPTS. NEEDED: 1
SPECIAL QUALIFICATIONS: Board shall include members qualified and experienced in the fields of architecture, planning,
landscape architecture, engineering, construction, planning & land use law and real estate
THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES EITHER
REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
1. Dana K. Tallman – 3033 Pin Oak Drive, 33759 – Original Appointment 11/4/04 (Environmental Engineer)
Interested in Reappointment: NO (1st term expires 02/28/09)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY:
1. Brian A. Barker – 1430 Rosetree Court, 33764 – Civil Engineer
2. Charles W. Blowers – 2941 Eagle Estates Cir. S., 33761 – Retired/PhD Economics
3. Michael Boutzoukas – 2433 Bond Ave., 33759 – Attorney
(Currently serving on the MCEB)
4. Robert P. Fernandez - 301 N. Hillcrest Drive, 33755 – Retired/Retail Development
(Currently serving on the EZDA)
5. John Funk – 521 Mandalay Ave., #402, 33767 – Real Estate Broker
6. Candace Gardner – 736 Island Way, Apt. 305, 33767 – Guidance Counselor/BS
Degree
7. Rita Garvey - 1550 Ridgewood St., 33755 – Retired Volunteer/Activist
8. Kurt B. Hinrichs, P.E. – 1029 Charles St., 33755 – Civil Engineer/Builder
9. Bob Luna - 774 Snug Island, Island Estates, 33767 – Mortgage & Real Estate
10. Gro Miller - 1724 Thomas Dr., 33759 - Broker Associate
11. Raymond L. Toohey - 1729 Harbor Dr., 33755 - Sr. Mechanical Engineer
Zip codes of current members:
2 at 33755 2 at 33767
1 at 33756
1 at 33759
2 at 33761
Current Categories:
1 Environmental Engineer
1 Consultant/Project Manager
1 BS Economics (Retired)
1 Architecture, pursuing license
1 Self Employed: Investor, Yacht Broker - BS Finance & Marketing
Cover Memo
1 Contractor & Mech. Eng.
1 Retired Business Mgt.
1 Architect
Review Approval:1) Clerk
Cover Memo
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Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Approve the 2009 Federal Legislative Package.
SUMMARY:
Each year, the City of Clearwater submits a list of legislative priorities for consideration for the new federal budget year. Once the
package is approved, the City’s legislative liaison will submit our request to our delegation.
The 2009 Federal Legislative Package includes such issues as: funding requests for the Downtown Revitalization Initiative and
Wastewater/Reclaimed Water Infrastructure; supporting legislation that will diversify Brownfields Remediation loans into grant funds;
opposing decreased funding for Community Development Block Grant and Housing and Urban Development programs.
Review Approval:1) City Manager 2) Clerk 3) City Manager 4) Clerk
Cover Memo
Federal Legislative Priorities
111 Congress, 1st Session
Appropriations
Downtown Revitalization: The City of Clearwater seeks federal assistance to implement projects that
revitalize Downtown Clearwater into a wonderful place for residents and visitors to live, work and play.
Cleveland Street Streetscape, Phase 2: Construction - $902,000
Downtown Waterfront: Upland Connection - $1.2 million
Royalty Theater Renovation - $4 million
Wastewater/Reclaimed Water Infrastructure: Goal is to obtain a $2,200,000 appropriation in FY 2010
VA-HUD appropriations bill under State and Tribal for assistance to repair and upgrade wastewater and
reclaimed water infrastructure.
Clearwater Town Pond Project: Support City’s request to waive repayment of HUD grant, Special
Project B-00-SP-FL-0088, and approve third party title transfer to the Clearwater Community
Redevelopment Agency for the creation of much needed workforce rental housing in downtown. The
proposed residential project will return a Brownfields site into productive use, encourage economic
development and furthers HUD’s efforts to encourage development of affordable housing.
Issues to Support
Support legislation that increases funding for Brownfields assessment and cleanup and diversifies
Brownfields remediation loans into grants.
Provide funding for hardening of existing infrastructure to mitigate natural and man-made disasters.
Increase funding for land and water conservation projects.
Provide funding for the implementation of Total Maximum Daily Loads for discharges to surface water.
Support legislation that would create and implement a national catastrophe fund for major disaster relief.
Issues to Oppose
As AmeriCorps facilitates community volunteer needs for many area agencies, oppose efforts to decrease
funding levels for the AmeriCorps post in Pinellas County, which is located in Clearwater and is the only
post in the County.
Oppose legislation that will eliminate or reduce current funding levels for Community Development
Block Grants and Housing and Urban Development Programs.
Oppose efforts that reduce or eliminate a municipality’s ability to collect franchise fees for use of rights-
of-way.
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Approve amended contract with Alcalde and Fay for federal lobbying services at a cost of $5,500 per month for the period March 1,
2009 through December 31, 2012, and authorize appropriate officials to execute same. (consent)
SUMMARY:
The contract amends monthly retainer fee from $6,500 to $5,500 and removes the third and fifth year CPI adjustment.
The monthly retainer fee shall not exceed $5,500 inclusive of out-of-pocket expenses, in addition to preauthorized travel, which should
not exceed $1,000 annually. The previous contract provided for up to $3000 for out-of-pocket expenses.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Attachment number 1
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Page 3 of 3
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Adopt Resolution 09-07, supporting the Florida League of Cities’ 2009 Civic Awareness Campaign.
SUMMARY:
The Florida League of Cities has launched the “Building Citizenship in the Community: Back to Basics” campaign in an effort to
increase civic awareness and participation. The campaign includes several educational programs geared to students K-12.
The League is asking each municipality to support the initiative by adopting a resolution and encouraging activities in local schools and
civic groups.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Resolution No. 05-
RESOLUTION NO. 09- 07
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, RECOGNIZING THE “BUILDING CITIZENSHIP
IN THE COMMUNITY: BACK TO BASICS” INITIATIVE OF
THE FLORIDA LEAGUE OF CITIES, INC.; PLEDGING
SUPPORT FOR THIS STATEWIDE EFFORT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, municipal government is the government closest to most citizens,
with tremendous daily impact upon its residents; and
WHEREAS, city government is administered for and by its citizens, and is
dependent upon public commitment to, and understanding of, its many responsibilities,
and city government officials and employees share the responsibility to pass along their
understanding of public services and their benefits; and
WHEREAS, Florida’s citizenry receives public services from state, county, school
district, and other government levels, educating Florida’s citizens of all ages as to the
structure and function of all levels of government, and how to be wise consumers of
such services is therefore critically important; and
WHEREAS, the Florida League of Cities and its member cities have joined
together to teach students and all citizens about municipal government through a
variety of different projects, resources and information; and
WHEREAS, the initiative will make resources available to cities and their citizens
to utilize in furthering their goals for civic education; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. That the City of Clearwater does hereby encourage all citizens, city
government officials and employees to utilize the opportunities and resources available
through this initiative.
Section 2. That the City of Clearwater does encourage educational partnerships
between city government and schools, as well as civic groups and other organizations.
Section 3. That the City of Clearwater does support and encourage all city
governments to actively promote the “Building Citizenship in the Community: Back to
Basics” initiative.
Section 4. This resolution shall take effect immediately upon adoption.
Attachment number 1
Page 1 of 2
Resolution No. 2
PASSED AND ADOPTED this _______ day of _____________, 2009.
____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Pamela K. Akin Cynthia E. Goudeau
City Attorney City Clerk
Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Amend Council rules to change Work Session start time to 9:00 a.m and adopt Resolution 09-08.
SUMMARY:
The Council directed that Council rules be changed to return work sessions to a 9:00 a.m. start time effective March 2. This start time
can be changed due to conflicts with other meetings Councilmembers attend, such as the TBRPC that meets on the second Monday of
each month. It should be noted that on October 12 there is a conflict with the TBRPC in the morning and PMI in the afternoon, so, this
work session will be held on Tuesday, October 13. A revised schedule of work sessions will be distributed.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Resolution No. 09-08
RESOLUTION NO. 09-08
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING RULE 1, SCHEDULING COUNCIL
MEETINGS/WORK SESSION AGENDA, COUNCIL RULES;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to amend the Council Rules; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Council Rules are hereby amended as follows:
RULE 1
SCHEDULING COUNCIL MEETINGS/WORK SESSION AGENDAS
(1) The City Council shall meet on the first and third Thursdays of each month at 6:00 p.m.
in its chamber. However, in July, the City Council shall hold one regular night meeting on the
third Thursday of the month. There will be no regular meeting on the third Thursday of
December or the first Thursday of January. The Council will make this determination at the
time the annual meeting calendar is being compiled. The day of the meeting may be changed
by majority vote of the Council.
(2) Except as may be rescheduled from time to time when necessary due to conflict, a work
session shall be held at 9:00 a.m. 1:30 p.m. on the first working day of the Council meeting
week. Work sessions are primarily designed for information gathering and guidance, and no
formal Council decision approving or disapproving an ag enda item or items scheduled for public
hearing may be made. No public input will be accepted at work sessions except by consensus
of Council. Only items on the work session agenda will be discussed. Items not on the agenda
may be brought up by the Council or staff during the work session asking they be scheduled for
subsequent meetings or work sessions.
* * * * *
Section 2. This resolution shall take effect immediately upon adoption.
Attachment number 1
Page 1 of 2
Resolution No. 09-08 2
PASSED AND ADOPTED this _______ day of _____________, 2009.
____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Pamela K. Akin Cynthia E. Goudeau
City Attorney City Clerk
Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Pass Ordinance 8040-09 on first reading, amending Ordinance 7947-08, which amended Ordinance 7372-05, which vacated a portion of
the the easterly one half of the 70-foot right-of-way of Gulfview Boulevard (aka South Gulfview Boulevard per field), subject to special
conditions, extending the required date for commencement of vertical construction to February 11, 2012 and amending the description
of the property to be vacated.
SUMMARY:
In Ordinance 7372-05, the City of Clearwater vacated the right-of-way depicted in Exhibit A attached to the ordinance, subject to
certain conditions, which conditions have not been met.
K and P Clearwater Estate, LLC, the “Developer,” is requesting that the Council amend the conditions of the vacation to extend the
date by which the Developer is required to commence vertical construction from March 3, 2010 to February 11, 2012, to conform with
the requirements of the First Amended and Restated Development Agreement dated December 30, 2008.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk
Cover Memo
Ordinance No. 8040-09
ORDINANCE NO. 8040-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE NO. 7372-05, AS
AMENDED BY ORDINANCE NO. 7947-08, WHICH
VACATED A PORTION OF THE EASTERLY ONE-HALF OF
THE 70-FOOT RIGHT-OF-WAY OF GULFVIEW
BOULEVARD, (A.K.A. SOUTH GULFVIEW BOULEVARD
PER FIELD), SUBJECT TO SPECIAL CONDITIONS;
EXTENDING THE REQUIRED DATE FOR
COMMENCEMENT OF VERTICAL CONSTRUCTION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in Ordinance No. 7372-05, the City of Clearwater vacated the right-of-
way depicted in Exhibit A attached hereto, subject to certain conditions; and
WHEREAS, Ordinance No. 7372-05 was amended by Ordinance No. 7947-08 to
extend the date for vertical construction to March 3, 2010; and
WHEREAS, because of changes to the design of the project, the property being
vacated is amended to add a small additional portion of right-of-way; and
WHEREAS, pursuant to the request of K and P Clearwater Estate, LLC, the
“Developer,” the City Council finds that it is deemed to be in the best interest of the City
and the general public to amend the conditions of the vacation to match the development
schedule provided in the First Amended and Restated Development Agreement dated
December 30, 2008; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
The parcels of land more fully described in Exhibit A attached hereto
A parcel of land being a part of Gulf View Boulevard, as depicted on the plat of Columbia
Subdivision, according to the plat thereof, as recorded in Plat Book 23, Page 60, of the
Public Records of Pinellas County, Florida, and being a part of said Gulf View Boulevard,
as depicted on the plat of Lloyd-White-Skinner Subdivision, according to plat thereof, as
recorded in Plat Book 13, Pages 12 and 13, of the Public Records of the Public Records
of Pinellas County, Florida, all lying in the east ½ of Section 7, Township 29 South, Range
15 east, Pinellas County, Florida, and more fully described in the legal description Exhibit
“A” attached hereto;
Together with a parcel of land being a part of Gulf View Boulevard, as depicted on the
plat of Columbia Subdivision, according to the plat thereof, as recorded in Plat Book 23,
Page 60, of the Public Records of Pinellas County, Florida, lying in the east ½ of
Attachment number 1
Page 1 of 2
Ordinance No. 8040-09 2
Section 7, Township 29 South, Range 15 East, and the west ½ of Section 8, Township
29 South, Range 15 East, Pinellas County, Florida, and more fully described in the legal
description Exhibit “B” attached hereto, are hereby vacated, subject to the following
conditions:
1) The project described within the Development Agreement between the City of
Clearwater and K & P Clearwater Estate, LLC, adopted by Resolution 04-39
as amended by the First Amended and Restated Development Agreement
between the City of Clearwater and K & P Clearwater Estate, LLC, dated
December 30, 2008 and adopted by Resolution 08-14 (“Development
Agreement”) shall commence vertical construction no later than February 11,
2012.
2) All public and private utilities shall be relocated by K & P Clearwater Estate,
LLC at its own expense and to the approval and acceptance of the utility
owners with all out of service utilities removed prior to the completion of the
project.
3) The public vehicular and pedestrian use of the subject right of way shall be
maintained until such time as a suitable paved roadway is constructed to the
west of the subject right of way to accommodate two lanes of two way traffic
capacity.
4) Payment of the Developer’s pro rata share of the Beach Walk Construction as
identified in the Development Agreement.
5) This vacation ordinance shall be rendered null and void if any of the preceding
conditions are not met.
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 _________________________
PASSED ON SECOND AND FINAL
READING AND ADOPTED _________________________
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
______________________________ _______________________________
Pamela K. Akin Cynthia E. Goudeau
City Attorney City Clerk
Attachment number 1
Page 2 of 2
Attachment number 2
Page 1 of 2
Attachment number 2
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Pass Ordinance 8041-09 on first reading, amending Ordinance 7948-08, which amended Ordinance 7371-05 as amended by Ordinance
7598-06, which vacated a portion of the 60-foot right-of-way of First Avenue (aka First Street per field), subject to special conditions, to
amend the special conditions by extending the required date for commencement of vertical construction to February 11, 2012.
SUMMARY:
In Ordinance 7371-05, the City of Clearwater vacated the right-of-way depicted in Exhibit A attached to the ordinance, subject to
certain conditions.
Ordinance 7371-05 was amended by Ordinance 7598-06 to extend the date for commencement of vertical construction to March 3,
2008.
Ordinance 7598-06 was amended by Ordinance 7948-08 to extend the date for commencement of vertical construction to March 3,
2008.
The City and Developer entered into a First Amended and Restated Development Agreement dated December 30, 2008. The
Agreement provides that vertical construction will commence no later than February 11, 2012. Developer requests that the vacation
ordinance be amended to be consistent with the Development Agreement.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk
Cover Memo
Ordinance No. 8041-09
ORDINANCE NO. 8041-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE NO. 7371-05 AS
AMENDED BY ORDINANCE NO. 7598-06 AND
ORDINANCE NO. 7948-08, WHICH VACATED A PORTION
OF THE 60-FOOT RIGHT-OF-WAY OF FIRST AVENUE,
(A.K.A. FIRST STREET PER FIELD), SUBJECT TO
SPECIAL CONDITIONS TO AMEND THE SPECIAL
CONDITIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, in Ordinance No. 7371-05, the City of Clearwater vacated the right-of-
way depicted in Exhibit A attached hereto, subject to certain conditions; and
WHEREAS, Ordinance No. 7371-05 was amended by Ordinance No. 7598-06 to
extend the date for commencement of vertical construction to March 3, 2008, and
subsequently amended by Ordinance No. 7948-08 to extend the date for vertical
construction to March 3, 2010; and
WHEREAS, pursuant to the request of K and P Clearwater Estate, LLC, the
“Developer,” the City Council finds that it is deemed to be in the best interest of the City
and the general public to amend the conditions of the vacation to match the development
schedule provided in the First Amended and Restated Development Agreement dated
December 30, 2008; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. That Section 1 of Ordinance No. 7371-05 is hereby amended to read
as follows:
The following:
Vacate a portion of the 60-foot right-of-way of First Avenue, (A.K.A. First Street per
field), the plat of Lloyd-White-Skinner Subdivision as recorded in Plat Book 13,
Page 12 of the public records of Pinellas County, Florida), more particularly
described as: From the southwest corner of Lot 55, Lloyd-White-Skinner
Subdivision, as recorded in Plat Book 13, Page 12 of the Official Records of
Pinellas County, Florida, run thence N05°32’30”E along the easterly right of way
line of Gulf View Boulevard as shown on said plat a distance of 335.00 feet to the
Point of Beginning, said point also being the northwest corner of Lot 48 of said
Lloyd-White-Skinner Subdivision, thence N05°32’30”E 60.00 feet to the southwest
corner of Lot 44, Lloyd-White-Skinner Subdivision; thence S84°27’30”E along the
northerly right of way line of First Avenue, Lloyd-White-Skinner Subdivision a
distance of 192.00 feet; thence S05°32’30”W along a line 18 feet west of and
parallel with the westerly right of way line of Coronado Avenue as shown on the
Attachment number 1
Page 1 of 2
Ordinance No. 8041-09 2
plat of Lloyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly
right of way line of said First Avenue; thence N84°27’30”W along said southerly
right of way line a distance of 192.00 feet to the Point of Beginning, subject to the
following conditions:
1) The project described within the Development Agreement between the
City of Clearwater and K and P Clearwater Estate, LLC adopted by
Resolution 04-39 and as thereafter amended by Resolution 08-14, (the
“Development Agreement”) shall commence vertical construction by no
later than February 11, 2012 March 3, 2010.
2) All public and private utilities shall be relocated the Developer at its own
expense and to the approval and acceptance of the utility owners with
all out of service utilities removed prior to the completion of the project,
3) This vacation shall become effective only after the Developer grants the
60-foot right of way for Relocated First Street to the City as provided in
the Development Agreement.
4) Payment by the Developer of the cost of construction of the relocated
First Street or the posting of security sufficient to guarantee construction
of the relocated First Street as provided in the Development Agreement.
5) This vacation ordinance shall be rendered null and void if any of the preceding
conditions are not met.
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 _________________________
PASSED ON SECOND AND FINAL
READING AND ADOPTED _________________________
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
______________________________ _______________________________
Pamela K. Akin Cynthia E. Goudeau
City Attorney City Clerk
Attachment number 1
Page 2 of 2
Attachment number 2
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Authorize City Attorney to hire Bricklemyer Smolker and Bolves, P.A., to represent the City in several inverse condemnation litigation
cases arising from the construction related to the “Beachwalk Project”, in the amount of $100,000. (consent)
SUMMARY:
On April 19, 2007, Council authorized the City Attorney to hire Jeffrey L. Hinds, Esq., as defense counsel in inverse condemnation
matters and who specializes in such matters. At the time of this authorization, $50,000 in funds from the Beachwalk Construction
Project budget were authorized to pay for the City’s defense in the case of Divaco, Inc. v. City of Clearwater and“several inverse
condemnation claims that have arisen or are expected to arise from this project.”
On July 17, 2008, Council authorized the City Attorney to pursue filing a third-party complaint against Post, Buckley, Schuh &
Jernigan, Inc., for contribution and/or indemnification for alleged wrongful design and/or construction of the Coronado Drive
Improvement portion of the Beach by Design project, in the matter of Divaco, Inc. v. City of Clearwater. The suit was to be pursued in-
house unless it became apparent that outside counsel became necessary, for reasons of subject-matter expertise.
On December 18, 2008, Council authorized staff to bring suit against Post, Buckley, Schuh & Jernigan, Inc., for contribution and/or
indemnification for alleged wrongful design and/or construction of the Coronado Drive Improvement portion of the Beach by Design
project in the following matters: Christina McNeil Tracey and Anchor Mini-Mart, Inc. v. City of Clearwater; Szletcha & Kunowski
d/b/a Tropical Sky Ranch Motel v. City of Clearwater; and, Rudman & Rudman, d/b/a Riviera Motel v. City of Clearwater. The latter
two of which would be prosecuted by outside counsel. At this time, the claims against Post, Buckley, Schuh & Jernigan, Inc. in the
Christina McNeil Tracey and Anchor Mini-Mart, Inc. v. City of Clearwater matter will be handled by staff.
The above-mentioned funds have been depleted and Mr. Hinds has since become a shareholder in the law firm of Bricklemyer
Smolker and Bolves, P.A. At this time, the City Attorney requests Council to approve additional funds of $100,000, from the
Beachwalk Construction Project Budget, for the outside counsel services of Jeffrey L. Hinds, Esq., of Bricklemyer Smolker & Bolves,
P.A., for the following:
· representation as defense counsel for the City in: Szletcha & Kunowski d/b/a Tropical Sky Ranch Motel v. City of Clearwater; and,
Rudman & Rudman, d/b/a Riviera Motel v. City of Clearwater;
· representation as counsel for the City on cross-claims against Post, Buckley, Schuh & Jernigan, Inc., in: Szletcha & Kunowski
d/b/a Tropical Sky Ranch Motel v. City of Clearwater; and, Rudman & Rudman, d/b/a Riviera Motel v. City of Clearwater;
· hiring of experts, including: appraisers, engineers and surveyors for testimony as needed; and,
· approve Legal Services Agreement to this effect.
The funding in the amount of $100,000, is available in the Beachwalk Project fund, and is expected to cover the expenses for these
cases up to, but not including trial, at which time we will apprise Council of any further estimated costs if necessary.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
N/A
Current Year Cost:$100,000.00 Annual Operating Cost:
Not to Exceed:Total Cost:$100,000.00
For Fiscal Year:10/01/08 to 09/30/09
Cover Memo
Appropriation Code Amount Appropriation Comment
0315-92267-561200-541-
000-0000
$100,000.00
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:None
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk
Cover Memo
LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the ____ day of __________, 2009, by and
between the CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida,
33758-4748 (the "City") and the Bricklemyer Smolker & Bolves, P.A., 500 East Kennedy
Boulevard, Suite 200, Tampa, Florida, 33602-4825 (“Counsel").
W I T N E S S E T H:
WHEREAS, the City wishes to retain a firm to serve as Counsel in the following
matters: Divaco, Inc. v. City of Clearwater; Szletcha & Kunowski d/b/a Tropical Sky
Ranch Motel v. City of Clearwater; and Rudman & Rudman, d/b/a Riviera Motel v. City
of Clearwater, and related cases arising from the Beachwalk Construction project and
the Coronado Drive Improvements project.
WHEREAS, the Beachwalk Construction Project has been completed on
Coronado Drive.
WHEREAS, Divaco, Inc., Szletcha & Kunowski, and Rudman & Rudman, have
entered suit against the City for damages exceeding $15,000, in each case, due to
Beachwalk and Coronado Drive construction.
WHEREAS, the City has filed cross-claim suits against Post, Buckley, Schuh &
Jernigan, Inc., for contribution and/or indemnification for alleged wrongful design and/or
construction of the Beachwalk project and the Coronado Drive Improvement portion of the
Beachwalk project.
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 for the following matters: Representation of the City of Clearwater in
Beachwalk project and Coronado Drive project related lawsuits.
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel
agree to a rate of $200.00 per hour for attorney services for Bricklemyer, Smolker &
Bolves, P.A.
SECTION 4. TERM. This Agreement will be retroactively effective to December 1,
2008.
Attachment number 1
Page 1 of 3
2
SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses shall
be made by the City to the firm for reasonable out-of-pocket expenses as determined by
the City Attorney without markup, including but not limited to long distance calls and
facsimiles, copying or reproducing documents, postage, court costs, parking costs and
travel incurred by Counsel in performance of the duties hereunder. Travel and per diem
costs as well as auto travel expenses shall not exceed that which is available to City of
Clearwater employees.
SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel agrees to protect,
defend, indemnify and hold the City and its officers, employees and agents free and
harmless from and against any and all losses, penalties, damages, settlements, costs,
charges, professional fees or other expenses or liabilities of every kind and character
arising out of or due to any negligent act or omission of Counsel or its employees in
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
the amount of $1,000,000. This provision shall survive the termination of this Agreement.
SECTION 7. CONFLICT OF INTEREST. 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. 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 9. COURT REPORTER SERVICES. D & D Reporting Services is the
City Attorney’s Office’s preferred vendor for all court reporter services, including the use
of court reporter services by the City’s outside counsel. Counsel agrees to use D & D
Reporting Services whenever possible.
SECTION 10. CANCELLATION OF AGREEMENT. The 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. Further, it is understood and agreed between the City and Counsel that
Jeffrey L. Hinds, Esquire, will be the lead attorney assigned by the firm to provide the
services contained herein. The City in its absolute discretion may immediately terminate
this Agreement upon written notice to the firm if the services of this attorney are
unavailable to the City.
Attachment number 1
Page 2 of 3
3
SECTION 11. 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.
SECTION 12. PRIOR AGREEMENTS. This agreement shall supersede any
prior agreements between the City and the Law Office of Jeffrey L. Hinds, Chartered.
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 William B. Horne II
Mayor City Manager
Approved as to form: Attest:
___________________________ ________________________________
Pamela K. Akin Cynthia E. Goudeau
City Attorney City Clerk
BRICKLEMYER SMOLKER &
BOLVES, P.A.
___________________________
By: Jeffrey L. Hinds, Esquire
___________________________
By: Jay J. Bartlett, Esquire
Chief Operating Officer and
Vice President
Attachment number 1
Page 3 of 3
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Use of Harborview between now and closing - Councilmember Cretekos
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Super Bowl Maps Regarding Clearwater Beach
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Fertilizer Ordinance - Councilmember Gibson
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:2/17/2009
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
Review Approval:1) Clerk
Cover Memo