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06/03/2010 - City Council Agenda Location: Council Chambers - City Hall Date: 6/3/2010- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Code Enforcement Officer's Appreciation Week Proclamation. June 7 through 11. Attachments 4.2 Hurricane Awareness Month Proclamation (June '10) Attachments 5. Approval of Minutes 5.1 Approve the minutes of the May 20, 2010 City Council Meeting as submitted in written summation by the City Clerk. B Attnchmentc 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve the 2010 Affordable Housing Inventory List pursuant to requirements of Chapter 166.045 1, Florida Statutes, adopt Resolution 10-12 and authorize the appropriate officials to execute same. AttnchmPntc 7.2 Approve the applicants request to vacate alleys and portions of the street rights-of-way of Virginia Avenue, Eastwood Drive, Meadowlark Lane, Kentucky Avenue and Bay Street (aka 110 North McMullen Booth Road)as more particularly described in the ordinance and pass Ordinance 8169-10 on first reading, (VAC2010-01 First Baptist Church of Clearwater, Inc.). Attachments 8. Second Readings - Public Hearing 8.1 Continue to June 17, 2010 approval of the applicants request to vacate alleys and portions of the street rights-of-ways of Virginia Avenue, Eastwood Drive, Meadowlark Lane, Kentucky Avenue and Bay Street (aka 110 North McMullen Booth Road)as more particularly described in the ordinance and pass Ordinance 8169-10 on second reading, (VAC2010-01 First Baptist Church of Clearwater, Inc.). Attachments 8.2 Adopt Ordinance No. 8157-10 on second reading, making amendments to Beach By Design: A Preliminary Design for Clearwater Beach and Design Guidelines by amending Section VII, Design Guidelines and Subsection D, Setbacks. Attachments 8.3 Adopt Ordinance No. 8163-10 on second reading, annexing certain real property whose post office address is 2552 Arbelia Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition Attachments 8.4 Adopt Ordinance No. 8164-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2552 Arbelia Street, upon annexation into the City of Clearwater, as Residential/Office/Retail (R/O/R). AttnchmPntc 8.5 Adopt Ordinance No. 8165-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2552 Arbelia Street, upon annexation into the City of Clearwater, as Medium Density Residential (MDR). Attachments 8.6 Adopt Ordinance No. 8171-10 on second reading, annexing certain real property whose post office address is 1335 and 1337 South Missouri Avenue, together with the abutting right-of-way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.7 Adopt Ordinance No. 8172-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1335 and 1337 South Missouri Avenue, together with the abutting right-of-way, as Commercial General (CG). Attachments 8.8 Adopt Ordinance No. 8173-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1335 and 1337 South Missouri Avenue, together with the abutting right-of-way, as Commercial (C). B Attachments City Manager Reports 9. Consent Agenda 9.1 Authorize the release of a Request for Proposals for the Development of an Economic Development Strategic Plan for the City of Clearwater. (consent) Attachments 9.2 Approve an extension to the existing banking services contract with the Bank of America, NA for a not- to-exceed amount of $600,000 for the 5 year period from October 1, 2010 to September 30, 2015 and authorize the appropriate officials to execute same. (consent) Attachments 9.3 Approve $57,500.00 settlement of the liability claim of Maria and Scott Chambers and authorize the appropriate officials to execute same. (consent) Attachments 9.4 Approve the Lease Agreement between the City and Powell Professional Center, LLLP, for the space designated as Suite 240, located in the commercial building known as the Powell Professional Center at 401 Corbett Street, Clearwater, for use by the City as an onsite medical clinic at a cost not-to-exceed $137,000 for the three year period beginning July 1, 2010 and ending June 30, 2013 and authorize the appropriate officials to execute same.(consent) Attachments 9.5 Approve an agreement between the City of Clearwater and the Early Learning Coalition of Pinellas County, from June 10, 2010 through August 23, 2010 to provide summer camp subsidies for children ages five to eight years old and authorize the appropriate officials to execute same. (consent) Attachments 9.6 Approve the final plat for "Stevens Creek Subdivision," located at the Southwest corner of North Betty Lane and Sunset Point Road. (consent) Attachments Miscellaneous Reports and Items 10. City Manager Verbal Reports 10.1 City Manager Verbal Reports Attachments 11. Closing Comments by Mayor 12. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Code Enforcement Officer's Appreciation Week Proclamation. June 7 through 11. SUMMARY: Meeting Date:6/3/2010 Review Approval: 1) Clerk Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Hurricane Awareness Month Proclamation (June '10) SUMMARY: Meeting Date:6/3/2010 Review Approval: 1) Clerk Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall Meeting Date:6/3/2010 SUBJECT / RECOMMENDATION: Approve the minutes of the May 20, 2010 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 3 Attachment number 1 Page 1 of 18 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER May 20, 2010 Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst. Note - Councilmember Bill Jonson arrived at 6:08 p.m. Unapproved To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Hibbard Call to Order - Mayor Frank The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Rev. Bill Welch from Unitarian i Universalists of Clearwater 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Presentations - Given 4.1 Service Awards Two service awards were presented to city employees. 4.2 Proclamation: U.S. Coast Guard Auxiliar a - ay 229 2 1 4.3 Proclamation: Safe Boating Week - May 22 - 28, 2010. 4.4 rin Business Beautification Recognition Awar9 grin Neighborhood o cognition uart riy Awards, Neighborhood o of the Year 2009/10. Council 2010-5-20 Item #13 Attachment number 1 Page 2 of 18 The 2010 Spring Business Beautification Award was presented to Cristino's Coal Oven Pizza, 1101 South Fort Harrison Avenue. The Neighborhood of the Quarter Award was presented to the East Gateway Business and Neighbors Association. The Homes of the Quarter Awards were presented to Brian and Stacey Butler, 3236 San Mateo Street; Julie Thompson, 1460 Turner Street; Terry and Patricia Clark, 1428 South Hillcrest Avenue; and Evan Keuhn, 1120 Granada Street. The 2010 Neighborhood of the Year Award was presented to the Skycrest Neighborhood and the 2010 Home of the Year Award to Harold and Dorothy Taylor, 2274 Jaffa Place. 5. Approval of Minutes 6. Citizens John Coppersmith requested the city reconsider demolishing the Harborview Center. Anita Williams, Maurice Wiggins, Gene Gillespie, and Eleanor Breland opposed closing the North Greenwood Library. Steve Sarnoff requested Council to consider using reserves to offset anticipated budget deficit. Anne Brooks opposed closure of the North Greenwood Library and suggested placing trash cans on one side of the road as a cost savings measure. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Continue to June , 2010 approval of the applicants r u st to vacate alleys and portions of the street ri hts-of-ways of Virginia Avenue,_ Eastwood Drive, Meadowlark Lan ntucy Av nu and ay tr t aka 11 North McMullen oath oaas or particularly scribed in the ordinance and pass Ordinance 1 -1 on first r a in . (VAC2 1 -1 First aotist Church of Clearwater, Inc.). The applicant, First Baptist Church of Clearwater, Inc. and Calvary Baptist Church is seeking the vacation in order to permit future expansion of church facilities on the adjacent properties now owned by the Church. Council 2010-5-20 Item #23 Attachment number 1 Page 3 of 18 Bright House, Verizon, Progress Energy and Knology have no objections to the vacation request. The City presently owns and maintains sanitary sewer, storm sewer and potable water utilities in the rights-of-way proposed to be vacated. The applicant will assume ownership and maintenance responsibilities for the existing sanitary and storm sewers present in the area proposed to be vacated. The City will retain ownership of all unrestricted water mains via a 10-foot easement to be retained pursuant to Ordinance 8169-10Fire Department access will be retained for all remaining structures on the applicant's properties via the existing roadways until such time as the property is redeveloped. The Engineering Department has no objections to the vacation request provided that the 10-foot water main easement is retained over all existing city water mains in the street portions proposed to be vacated. Councilmember George N. Cretekos moved to continue Item 7.1 to June 3, 2010. The motion was duly seconded and carried unanimously. 7.2 Approv the Ann xation, Initial Land Use Ian Designation of sid ntial/ ff ice/ tail ( / / ) and Initial Zoning Atlas Designation of Medium Density sid ntial ( District for 2552 Arbelia Street (A Portion of Lot , lacurns Subdivision in Section 6, Township 29 out Range 1 ast 9 and pass Ordinances 8163-10. 8164-1 and 165-1 on first read X 1 - 2 2 This voluntary annexation petition involves a 0.27-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Arbelia Street and the east side of Lawson Road, approximately 435 feet west of US Highway 19 North. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is contiguous to existing City boundaries to the north and west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential/Off ice/Retail (R/O/R) and a zoning category of Medium Density Residential (MDR). 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 Lawson Road right-of-way. 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 48 located at 1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary Council 2010-5-20 Item #_-B Attachment number 1 Page 4 of 18 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 objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed R/O/R Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits retail, office and residential uses at a density of 18 units per acre. The proposed zoning district to be assigned to the property is the Medium Density Residential (MDR) 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 north and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Paul Gibson moved to approve the Annexation, Initial Land Use Plan Designation of Residential/Office/Retail (R/O/R) and Initial Zoning Atlas Designation of Medium Density Residential (MDR) District for 2552 Arbelia Street (A Portion of Lot 9, Blackburns Subdivision in Section 6, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously. Ordinance 8163-10 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8163-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Council 2010-5-20 Item #23 Attachment number 1 Page 5 of 18 Ordinance 8164-10 was presented and read by title only. Councilmember Vice Mayor John Doran moved to pass Ordinance 8164-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ordinance 8165-10 was presented and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8165-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The subject property currently receives city water service. The closest sanitary Council 2010-5-20 Item #S Attachment number 1 Page 6 of 18 sewer line is located in the S. Missouri Avenue right-of-way. 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 the subject property. Solid waste service is currently provided by the City. The subject property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to the subject property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve the subject 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 A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed designation of the CG Future Land Use Plan category to the subject property is consistent with the Countywide Plan designation. The CG designation primarily permits office, retail, personal service, overnight accommodations, wholesale and warehouse uses at maximum floor area ratio of 0.55. The proposed designation of the Commercial (C) zoning district to the subject property is consistent with office use of the two buildings on-site. Major site and building renovations permitted by Pinellas County were based on review and input from Clearwater's Planning & Development Department to ensure conformity with Clearwater Community Development Code standards and requirements. Although the property will be nonconforming to Clearwater Code requirements for setbacks, landscape buffers and the number of parking spaces upon annexation, the site modifications would have been allowed in the C District through a Level Two Flexible Development application. Based on the foregoing, the proposed annexation is consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the west, south and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Paul Gibson moved to approve the Annexation, Initial Land Use Plan Designation of Commercial General (CG) and Initial Zoning Atlas Designation of Council 2010-5-20 Item #(3 Attachment number 1 Page 7 of 18 Commercial (C) District for 1335 and 1337 S. Missouri Avenue (Lots 6 and 7, Missouri Heights Subdivision in Section 22, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 8171-10 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8171-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ordinance 8172-10 was presented and read by title only. Vice Mayor John Doran moved to pass Ordinance 8172-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ordinance 8173-10 was presented and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8173-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 7.4 Approve amendments to Beach by Design: A Preliminary sin for Clearwater each and sign Guidelines , establishing standards to reduce building massing along Coronado Drive for overnight accommodations usin the Hotel Densit serve: and oars Ordinance 157-1 on first r ain. In 2008, the City of Clearwater established the Hotel Density Reserve in Beach by Design to incentivize hotel development on Clearwater Beach. In October 2009, the City Council expressed concerns about the probable use of the Hotel Density Reserve by properties along Coronado Drive and the potential to create a canyon effect. Council requested Planning and Development Department staff to study potential hotel development along Coronado Drive to determine if design Council 2010-5-20 Item #'73 Attachment number 1 Page 8 of 18 standards should be established to create view corridors and minimize building bulk and massing. The study indicated that standards for building stepbacks would reduce massing of future buildings on Coronado Drive; however, parcel configurations along the street would preclude the creation of meaningful view corridors. Based on the study recommendations, the Planning and Development Department recommends the following standards be incorporated into Beach by Design: For buildings providing the established minimum front setback of 15 feet, the minimum depth of building stepbacks shall be 15 feet at a height not greater than 25 feet; For buildings providing a front setback of less than 15 feet and greater than or equal to 10 feet, the minimum depth of the stepback shall be 15 feet plus an additional one and one-half feet for every one foot reduction in the established minimum front setback at a height not greater than 20 feet; For buildings providing a front setback of less than 10 feet, the minimum depth of the stepback shall be 15 feet plus an additional two and one-half feet for every one foot reduction in the established minimum front setback at a height not greater than 15 feet; and To achieve fagade variety and avoid monotonous streetscape, a building shall not replicate the stepback configuration of neighboring buildings, including those across rights-of-way, and stepbacks shall span a minimum of 75 percent of the fagade width. The Community Development Board (CDB) unanimously recommended approval of the proposed amendments at a public hearing on April 20, 2010. The City Attorney said staff amended the propose language; substituted "abutting" for "neighboring." Abutting is a defined term in the city's code, while adjacent is not. In response to questions, Planning and Development Assistant Director Gina Clayton said the code has varying degrees of flexibility. Staff proposed amendments to address this specific area instead of changing the entire code for one street. Proposed changes will not impact current side setback, sidewalk, or right-of-way requirements. Concerns were expressed with potential setbacks. Councilmember Paul Gibson moved to approve amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, establishing standards Council 2010-5-20 Item PB Attachment number 1 Page 9 of 18 to reduce building massing along Coronado Drive for overnight accommodations using the Hotel Density Reserve. The motion was duly seconded and carried unanimously. Councilmember Bill Jonson moved to amend Ordinance 8157-10 on page 3, section 2, section D.3.d; second sentence: To avoid a monotonous streetscape, a building shall not replicate the stepback configuration of the abutting buildings as well as those •RGI ding these directly across any street rights-of-way. The motion was duly seconded and carried unanimously. Ordinance 8157-10 was presented as amended and read by title only. Vice Mayor John Doran moved to pass Ordinance 8157-10 as amended on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8. Second Readings - Public Hearing Ordinance 8134-10 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8134-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8.2 Adopt Ordinance No. 143-1 on second reading, amending the futur land use plan I nt of the Co pr h nsiv Ian of L he to designate the land use for Council 2010-5-20 Item #% Attachment number 1 Page 10 of 18 certain real property whoa post o ice address is 2165 Gulf-to- ay Boulevard from Residential Low Medium ) to sid ntial/ ffic / tail / / ) and Residential Medium ). It was stated that Item 8.2 would require a referendum if Amendment 4 passes. In response to questions, Applicant Representative Ed Armstrong said the $1 million intersection improvement offsets the additional trips onto Belcher Road. The proposed plan has been reviewed by the Florida Department of Transportation and is in compliance with the city code. Ward Chapman said putting the south bound right turn lane from Gulf to Bay Boulevard to Belcher Road increases the capacity at the intersection. Traffic Operations Manager Paul Bertels said staff has requested the right-of-way on Gulf to Bay Boulevard and Belcher Road to improve the overall operation of the intersection. Ordinance 8143-10 was presented and read by title only. Concern was expressed regarding the traffic impact caused by the driveway that exits onto Belcher Road. Councilmember Paul Gibson moved to adopt Ordinance 8143-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, and Councilmember Paul Gibson. "Nays": Councilmember Bill Jonson. Motion carried. 8.3 rapt Ordinance 144-1 on second reading , amending the onin Atlas of the City by rezoning certain real property whoa post office addr ss is 2165 ulf- t- y Boulevard from obit ho park (MHP) to Commercial (C) and Medium Density si ntial Ordinance 8144-10 was presented and read by title only. Vice Mayor John Doran moved to adopt Ordinance 8144-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Council 2010-5-20 Item 4($ Attachment number 1 Page 11 of 18 Cretekos, and Councilmember Paul Gibson. "Nays": Councilmember Bill Jonson. Motion Carried. 8.4 Adopt Ordinance No. 151-1 on second reading, amending the future land use plan I nt of the Co r h nsiv Ian of L he to designate the land use for certain real property whoa post offic address is 11 McMullen Booth from Residential ran ( ) to Institutional M. Ordinance 8151-10 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8151-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8.5 Adopt Ordinance No. 8152-1 on second rein , amending the Zoning Atlas of the City by rezoning certain real property whose-post. office address is 11 McMullen Booth Road from Low Medium Density Residential (LMQRj to Institutional (I). Ordinance 8152-10 was presented and read by title only. Councilmember Paul Gibson moved to adopt Ordinance 8152-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 9. ConsentA_qenda 9.1 Approve a conditional assignment of lease from Civil Air Patrol SER FL153, an auxiliary of the United States Air Force, at the Clearwater Airpark, 1000 N. Hercules Avenue, Clearwater, to Civil Air Patrol in general and authorize the appropriate officials to execute same. (consent) Council 2010-5-20 Item 413 Attachment number 1 Page 12 of 18 9.2 Approve a three-year Partnership and Operational Support Agreement from May 1, 2010 April 30, 2013, between the City of Clearwater and the North Greenwood Community Coalition (NGCC), a non-profit 501C-3 organization, for the use and supervision of the Holt Avenue Youth Center located at 1250 Holt Avenue and authorize the appropriate officials to execute same. (consent) 9.3 Award a contract to Certus Builders, Inc. of Tampa, Florida, Bid 08-0064-PR, for the construction of a new restroom building at Mandalay Park, which includes alternates 1, 21 3, 5 and 6 and a 10% contingency, for the sum of $150,191.80 and authorize the appropriate officials to execute same. (consent) 9.4 Award a contract to Honeywell Building Solutions of Orlando, FL for the installation and service of energy saving equipment in various City owned buildings at a cost of $3,498,000 in accordance with Sec. 2.56(1)(d), Code of Ordinances Other governmental bid and authorize the appropriate officials to execute same; establish Project 315-94527 (Honeywell Performance Contract) and authorize transfer of $808,592 from General Fund Reserves and $205,746 from Garage Fund Reserves to the protect and the transfer of $700,000 from Special Development Fund Penny for Pinellas Reserves to 315-94524 (Long Center Manor Infrastructure Improvements). (consent) 9.5 Ratify and Confirm Emergency Change Order Two in the amount of $85,481.44 for emergency restoration of the railroad crossings at Drew Street, Laura Street, Park Street, Pierce Street and East Avenue from Park Street to Laura Street. consent 9.6 Approve the Supplemental Engineering Design Services Work Order to King Engineering Associates, Inc., Engineer of Record(EOR), in the amount of $98,616.00 for the Marshall Street Water Reclamation Facility Sand Filter Rehabilitation Project (09-0045-UT)and authorize the appropriate officials to execute same. (consent) 9.7 Approve an increase to the Planning and Development Department contractual services budaet in the amount of $100.000. (consent) Vice Mayor John Doran moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. City Manager Reports 10. Other Items on City Manager Reports 10.1 Amend Section 2.41 of the Clearwater Cod of Ordinances r latinq to soliciting on streets and pass rinance 177-1 on first r wing. In 2008, the City Council requested that the city Legal Department draft an amendment to Code Section 28.041 to allow solicitors to solicit so long as the solicitors complied with a list of criteria contained in Section 316.2045(3), Florida Council 2010-5-20 Item 423 Attachment number 1 Page 13 of 18 Statutes. During the last several months, Clearwater police officers have had to take enforcement action against a number of homeless individuals who have been aggressively soliciting at heavily-traveled intersections in Clearwater. The public defender's office has indicated that the office intends to challenge or, at least, assist homeless individuals with challenging the constitutionality of Code Section 28.041. Because the public defender's office has already been successful in having the state attorney's office dismiss all prosecutions under Section 316.2045, Florida Statutes, based on constitutional grounds, it is necessary to either amend Code Section 28.041 to enhance its constitutional defensibility or to repeal the amendments adopted by the City Council in 2008. By repealing the 2008 amendments and adopting Ord. 8177-10, the City Council will be eliminating the exemption that allows individuals to solicit if they comply with the criteria listed in Section 28.041(3). Consequently, all individuals, without exception, would be prohibited from soliciting the occupants of a motor vehicle being operated on publicly-owned streets, garages, and parking lots. Ordinance 8159-10, presented at the April 15, 2010 meeting, does not prohibit solicitation on public streets but does provide enhanced constitutional defensibility. Councilmember George N. Cretekos moved to consider Ordinance 8159-10 for first reading. The motion was duly seconded. Discussion ensued with concerns expressed regarding safety of those soliciting. Upon the vote being taken: Mayor Frnk Hibrd, Vice "Ayes": N aCretekobaand CouncMmembe?Paul Gibson. Councilmember George "Nays": Councilmember Bill Jonson. Motion carried. Ordinance 8159-10 was presented and read by title only. Vice Mayor John Doran moved to pass Ordinance 8159-10 on first reading. The motion was duly seconded and upon roll call the vote was: Council 2010-5-20 Item 438 Attachment number 1 Page 14 of 18 "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, and Councilmember Paul Gibson. "Nays": Councilmember Bill Jonson. Motion carried. Council recessed from 7:39 p.m. to 7:48 p.m. The Police Department will share its findings with City Council in the form of a comparative PowerPoint presentation. Police Chief Anthony Holloway provided a power point presentation and reviewed proposed reductions and cost savings. In response to questions, Senior Accountant Karen Dombrowski said the $900,000 from the General Fund is for building maintenance costs that would remain with the City and a $100,000 donation to CHIP. Finance Director Margie Simmons said the Florida Retirement System is expected to be underfunded for a few years. The City's 5-year pension assumptions are projected to go to 30% but expected to go back to 18%. Ms. Simmons said if the County Sheriff's Office operates out of a city facility, the city would have to compensate the Sheriff. Pinellas County Sheriff Jim Coats said office space used will be determined by the city. The Pinellas County Sheriffs Office and the Clearwater Police Department have the same accreditation. The county has a larger span of control. The different staffing model allows for more cost saving opportunities. Twenty-four individuals spoke in opposition and one individual in support. One individual suggested including a bid process with performance standards. Council 2010-5-20 Item 423 Attachment number 1 Page 15 of 18 Discussion ensued with concerns expressed regarding impact of decision if solely based on economics. Concerns were also expressed regarding loss of control of law enforcement in the City. It was also stated once disbanded it would be impossible to reverse the decision. It was noted, however, that cost savings would have to be found within the Police Department. Consensus was to maintain the Clearwater Police Department. Councilmember Paul Gibson moved to direct the City Manager to negotiate with the Police Union and CWA employees within the Police Department a total cost consistent with the County Sheriffs proposal. The motion was duly seconded and upon the vote being taken: "Ayes": Councilmember Paul Gibson. "Nays": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, and Councilmember Bill Jonson. Motion Failed. Councilmember George N. Cretekos moved to direct the City Manager to meet with the Clearwater Police Department staff, police bargaining units and CWA bargaining units that impact the Police Department and report back to Council in 30 days with savings. The motion was duly seconded and upon the vote being taken: "Ayes": Mayor Frank Hibbard, Councilmember George N. Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson. "Nays": Vice Mayor John Doran. Motion carried. The Council recessed from 10:31 p.m. to 10:41 p.m. Councilmember George N. Cretekos moved to decline the Pinellas County Sheriffs proposal to provide law enforcement services to the City of Clearwater. The motion was duly seconded and carried unanimously. Council 2010-5-20 Item 4S Attachment number 1 Page 16 of 18 Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 t Budget e tins Staff was directed to schedule a meeting on July 12, 2010 at 8:00 a.m. and a public meeting on August 30, 2010 at 6:00 p.m. 11.2 Cleveland Street tre tsca has II Economic Development and Housing Director Geri Campos Lopez said the construction of the Memorial Causeway Bridge significantly changed the traffic pattern in downtown. Downtown needs to be a pedestrian friendly destination in order to attract people. Public investment in infrastructure leads to private investment. Staff recommends proceeding with phase 2 of the streetscape and wayfinding plan now before costs increase. The city received a $500,000 appropriation from U.S. Housing and Urban Development towards the project which must be returned if not used. Traffic Operations Manager Paul Bertels said staff has calculated the maximum number of trips that could be generated. Level of service would be C, indicating plenty of capacity. Concern was expressed with potential impact rail will have on traffic. Engineering Director Mike Quillen said plans can be modified to have the lanes 2 lanes back in the future by carving out a couple of feet from the medians. Councilmember George N. Cretekos moved to direct staff to proceed with Phase II and to reduce the size of the medians to provide possible lane expansion. The motion was duly seconded and carried unanimously. Mayor Frank Hibbard reported he is working with the Department of Transportation and CSX regarding closure of Court and Chestnut during CSX's replacement of the railroad ties. 11.3 it ill Council 2010-5-20 Item 4F8 Attachment number 1 Page 17 of 18 Mayor Frank Hibbard expressed concerns with impact regarding the Gulf of Mexico oil spill and suggested that a letter be sent to the city's Federal legislative delegation urging more attention. Solid Waste and General Services Assistant Director Rick Carnley said containment efforts are being funded by BP. There is no FEMA (Federal Emergency Management Agency) involvement. Up to date information re the oil spill and volunteer opportunities are available on the city's internet site. Consensus was for the Mayor to write a letter to President Obama and legislative delegation urging federal attention in oil contamination efforts. 12. Action Other Council We began the project of identifying the use of hybrid (electric/gasoline) in 2004 with the purchase of 2 Toyota Prius sedans for testing in our community. The success of this program generated the purchase of 10 more Prius, 1 Honda Civic and 3 Chevrolet Malibu's. The savings on a cost per mile for these vehicles over comparative vehicles in our Fleet is over $0.12. Over the lifetime of a vehicle this savings could equate to $9,000 per vehicle. The electric automobile that will be in production later this year from several manufacturers will operate on battery for 40 to 300 Miles. Ford is introducing a small min-van that is perfect for inter-City delivery. Other companies are planning releases of this type of vehicle in 2012. Get Ready Tampa Bay is asking municipalities to join the movement by signing a resolution and begin the education process as well as conversion of certain vehicles in their fleet. Staff was directed to present the resolution at a future council meeting. 12.2 Council member Breakfasts - Mavor Hibbard Concerns were expressed regarding the costs associated with planning the events and Council 2010-5-20 Item 4'73 Attachment number 1 Page 18 of 18 lack of participants. Discussion ensued with consensus to continue meetings, open to all residents, at a city facility for the next few months. 12.3 Citv of Clearwater SILC Alternate - Council member Doran Consensus was to appoint Councilmember Bill Jonson. 13. Closing Comments by Mayor Mayor Frank Hibbard reviewed recent and upcoming events. 14. Adjourn The meeting was adjourned at 11:57 p.m. Mayor City of Clearwater Attest City Clerk Council 2010-5-20 Item 4ffi ?- Meeting Date:6/3/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the 2010 Affordable Housing Inventory List pursuant to requirements of Chapter 166.045 1, Florida Statutes, adopt Resolution 10-12 and authorize the appropriate officials to execute same. SUMMARY: The 2006 Legislature amended Chapter 166, Florida Statutes, adding Section 166.0451 entitled "Disposition of municipal property for affordable housing." The state statute includes that the governing body of each municipality must review the proposed affordable housing inventory list at a public hearing, and may revise the list at the conclusion of the hearing. Following the public hearing the local governing body must adopt a resolution that includes an inventory list of such property deemed appropriate for affordable housing development. On February 21, 2008, the City Council adopted Resolution 08-01 establishing the first 2008 Affordable Housing Inventory listing twenty-nine (29) parcels of City-owned land appropriate for use as affordable housing. Upon further analysis and due consideration, on November 5, 2009, the City Council adopted Resolution 09-41 revising the first 2008 Affordable Housing Inventory to identify only two (2) City-owned parcels of land appropriate for use as affordable housing. Subsequent to the adoption of Resolution 09-41, the City has acquired no additional parcels of land or further identified any others to which it has title as appropriate for use as affordable housing. Section (1) of the statutory amendment requires that every three years each municipality prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable housing. Therefore, the 2010 Affordable Housing Inventory List includes the address and legal description of each property, and specifies whether the property is vacant or improved. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager ED 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 3 RESOLUTION 10-12 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DETERMINING THE CITY HOLDS FEE SIMPLE TITLE IN AND TO TWO PARCELS OF LAND LYING AND BEING SITUATE WITHIN ITS CORPORATE LIMITS THAT ARE APPROPRIATE FOR USE AS AFFORDABLE HOUSING AS DEFINED IN SECTION 166.0451, FLORIDA STATUTES; ESTABLISHING AN INVENTORY LISTING OF SAID PARCELS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 166.0451, Florida Statutes, requires that by July 1, 2007, and every three years thereafter, each municipality within the State of Florida shall prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable housing; and, WHEREAS, the inventory list must include the address and legal description of each such property and specify whether the property is vacant or improved; and, WHEREAS, the governing body of the municipality must review the inventory list at a public hearing, and may revise it at the conclusion of the public hearing; and, WHEREAS, on February 21, 2008 City Council adopted Resolution 08-01 establishing the first 2008 Affordable Housing Inventory listing twenty-nine (29) parcels of City-owned land appropriate for use as affordable housing; and, WHEREAS, following further analysis and due consideration, on November 5, 2009 City Council adopted Resolution 09-41 revising the first 2008 Affordable Housing Inventory to identify only two (2) City-owned parcels of land appropriate for use as affordable housing; and, WHEREAS, subsequent to adoption of Resolution 09-41 the City has acquired no additional parcels of land or further identified any others to which it has title as appropriate for use as affordable housing; and, WHEREAS, the City Council now desires to formally establish the 2010 Affordable Housing Inventory list of real property deemed appropriate for use as affordable housing; Resolution No. 110M # 4 Attachment number 1 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the following two (2) parcels of vacant land as previously identified in Resolution 09-41 and appended hereto as EXHIBIT "A" are hereby determined to remain appropriate for use as affordable housing as defined in Section 166.0451 and 420.0004, Florida Statutes. Section 2. That the City holds fee simple title in and to both of said parcels. Section 3. That the inventory listing of the herein described parcels of land shall be titled the "2010 Affordable Housing Inventory List". Section 4. That the City Clerk is hereby directed to record this Resolution in the Public Records of Pinellas County, Florida. Section 5. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of 2010. Frank V. Hibbard, Mayor Approved as to form: Attest: Laura Mahony, Asst. City Attorney Cynthia E. Goudeau, City Clerk 2 Resolution No. 10-1 2tem # 4 Attachment number 1 Page 3 of 3 EXHIBIT "A" 2010 AFFORDABLE HOUSING INVENTORY LIST 918 PALMETTO ST. PENNSYLVANIA SUB., LOT 5 1454 S. MLK, JR. AVE. COMMENCE AT THE NW CORNER OF S. MLK, JR. AVE. AND WOODLAWN ST., THEN RUN N 320 FT TO THE POINT OF BEGINNING; THEN W 260.4 FEET; THEN N 225.00 FEET; THEN E 260.4 FEET; THEN S 225.00 FEET TO THE POINT OF BEGINNING. VACANT VACANT Resolution No. 10-1 2tem # 4 Attachment number 2 Page 1 of 1 LOCATOR MAP City Parcel No. 262 1454 S. Martin Luther King, Jr. Ave. O 4„ + I I 7U _13 __ - so . .. `3vn d 1479.2. L.14 - 14721 14 p .. .. 14813 I 15 [ 15-1482 > --- ,.,,._ _ C 6 - d ' 23A C (c) 1 4 16 - rn 1476, > 16z ` - 5 17 .1 g 17 Q 1,. -_17 00 32/09 1 29247 __6 V?n 18- 1480 [ a 18 (D 14797 18 >1 19 1488 'z O ---- d O ---- 8 avoe 1484 L1,V81 148.4 20 1490 av ° 498 2 3 21 1492 21 2 g l 22 1494 2 m 1 23 °i so F 14921 __-24 "- so WOODLAWN ST N x.,_52_ _ 1 _ 51 - 2 1504 - 50- 3 - 49 4 1511 48 5 -- 47 6 1508 ao - 52- 1 - ao 51 -it 2 _ 50 T 3 _ 49 4 -- 48 _1- 5 510 47 16 - 7777 717-7 51- _2 50 49 _ 4 _ 48 _ 5 1511 47. 6 - ao -- .L q2 o w N .° $500 `4 N c, so 8 .. 1 F 5 1 4 3 F F F FI4 FF 04 [15 0 2293 6 I -- -- 9 .. 6 PARCEL SUMMARY N Legend W-;; E TT6iWTTT Subject Properties: City Atlas Page: 314A 0 50 100 200 Feet Improved Parcel I.D. No.: 22-29-15-0000-320-1300 S Vacant Legal Description: Commence at the NW Cor. of S. Greenwood Ave. & Woodlawn St.; then run N 320' to the Point of Beginning; then W 260.4'; then N 225'; then E 260.4'; then S 225' to the Point of Beginning. Dimensions: 1.3448 Acres, more or less Zoning: MDR Acquired: 12/12/1995 Purchase Price: $847000 Owner Fund: 181 - Infill Housing (1996) Comments: At time of purchase property was intended for development of 7 single-famil homes for low/moderate income housing. Item # Attachment number 3 Page 1 of 1 LOCATOR MAP City Parcel No. 266 918 Palmetto Street Y $` {` " 4 °" 3 1 45 ?J 1050 1 .. 16 7 6 - 5 . 1014 ! 2 B N 2 R 65 736 w 2012 \Jl s 0( 5 O O 1022 URGENS ST a ° a z ' co 4 ' 7 .. m 1 100 ? 3A \/{??J 23, 05 ALL DI Oi ) 2 rv 016 01:; pp 1SL1 1 5 -1 .; 7 6' 5 B ...3.. ,1010 4s ..r "" o " 40 ... ! BLOCK-•• O W < - 1 0 )D .. 4 2 ? g o AR2[SCA?EDj 6 3 1008 ME TTO ST 6 5 1 4 3 2 1 100 I 1007., 4 s0 ° $5 ETO 45000 ST 14 13 12 1008 1006 0 .. 1003 o 8 ETTO ST 5 4 3 2 t?02 W 3 8 68 2 1004 10 6 dr 8 9 'Og _ 4 16 - 7 6 7 cuI 8 9? 1 11 12 e6(S)) 1103 6 110135: "" 001 PARCEL SUMMARY " Legend W E Subject Properties: City Atlas Page: 269A 0 50 100 200 Feet Improved Parcel I.D. No.: 10-29-15-68346-000-0050 S Vacant Legal Description: PENSYLVANIA SUB., Lot 5 Dimensions: 50'x104' Zoning: MDR Acquired: 12/17/1997 Purchase Price: Acquired in settlement of a judgement to foreclosure demolition & lot clearing liens. Owner Fund: Unknown Comments: Parcel leased to Head Start as a playground for its adjoining pre-school from 2/1/2006 - 1/31/2011. lessee has first option to renew for additional 5-year terms consistent with the Charter. City may terminate with 60 days notice if required for other purposes. Item # 4 Attachment number 4 N Page 1 of 1 LOCATOR MAP W E Revised 2010 Citywide Affordable Housing Inventory Parcels S 0 750 1,500 3,000 Feet k x s m i? ?- Meeting Date:6/3/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the applicants request to vacate alleys and portions of the street rights-of-way of Virginia Avenue, Eastwood Drive, Meadowlark Lane, Kentucky Avenue and Bay Street (aka 110 North McMullen Booth Road)as more particularly described in the ordinance and pass Ordinance 8169-10 on first reading, (VAC2010-01 First Baptist Church of Clearwater, Inc.). SUMMARY: The applicant, First Baptist Church of Clearwater, Inc. and Calvary Baptist Church is seeking the vacation in order to permit future expansion of church facilities on the adjacent properties now owned by the Church. The City presently owns and maintains sanitary sewer, storm sewer and potable water utilities in the streets proposed to be vacated. The applicant will assume ownership and maintenance responsibilities for a portion of the existing sanitary and all of the storm sewers present in the streets proposed to be vacated. The City will retain ownership of all unrestricted water mains via a 10-foot water main easement and retain ownership of sanitary sewer lines in Meadow Lark Lane and Virgina Avenue via a 15-foot sanitary sewer easement. Both easments are to be retained pursuant to Ordinance 8169-10. Fire Department access will be retained for all remaining structures on the applicant's properties via the existing roadways until such time the property is redeveloped. Bright House, Verizon, Progress Energy and Knology have no objections to the vacation request. An objection letter has been received from the owner of an adjoining property to the east, 150 McMullen Booth Road, expressing a concern with the City's ability to operate and maintain sanitary sewers in certain street portions proposed to be vacated and a concern with access to his property from the west. The sanitary sewer will be maintained through the retention of a 15-foot sanitary sewer easement. Access to 150 McMullen Booth Road is currently from McMullen Booth Road on the east; no improved access from the west currently exists The Engineering Department has no objections to the vacation request provided the 10-foot water main and 15-foot sanitary sewer easements are retained per Ordinance 8169-10.. Review Approval: 1) Planning 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 6 ORDINANCE NO. 8169-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A 16-FOOT ALLEY CONSISTING OF A PORTION OF LAND LYING BETWEEN LOTS 3 THROUGH 10, BLOCK 1 BAY VIEW CITY SUBDIVISION; A 16-FOOT ALLEY CONSISTING OF A PORTION OF LAND LYING BETWEEN LOTS 1 THROUGH 10, BLOCK 2, BAY VIEW CITY SUBDIVISION; A PORTION OF LAND LYING NORTH OF LOTS 1 THROUGH 5, BLOCK 2, BAY VIEW CITY SUBDIVISION; A PORTION OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST; A PORTION OF LAND LYING EAST OF LOT 5, BLOCK 2, BAY VIEW CITY SUBDIVISION; A PORTION OF LAND LYING NORTH OF LOTS 1 THROUGH 3, AND THE WESTERLY 14 FEET OF LOT 4, BLOCK 4, BAY VIEW CITY SUBDIVISION; A PORTION OF LAND LYING NORTH OF LOTS 1 THROUGH 3, BLOCK 3, BAY VIEW CITY SUBDIVISION; A PORTION OF LAND LYING NORTH OF LOTS 1 THROUGH 6, BLOCK 17 BAY VIEW CITY SUBDIVISION; A PORTION OF LAND LYING SOUTH OF LOTS 1 THROUGH 3, AND THE WESTERLY 14 FEET OF LOT 4, BLOCK 4 AND NORTH OF THE WESTERLY 14 FEET OF LOT 9, AND LOTS 10 THROUGH 12, BLOCK 4, BAY VIEW CITY SUBDIVISION; AND A PORTION OF LAND LYING BETWEEN BLOCK 1, AND BLOCK 2, BAY VIEW CITY SUBDIVISION; SUBJECT TO A WATER MAIN EASEMENT THAT IS RETAINED OVER ALL CITY-OWNED WATER MAINS ON THE ABOVE PROPERTIES AND A SEWER MAIN EASEMENT THAT IS LOCATED UPON MEADOW LARK LANE AND A PORTION OF VIRGINIA AVENUE LYING EAST OF MEADOW LARK LANE; PROVIDING AN EFFECTIVE DATE. WHEREAS, First Baptist Church of Clearwater, Inc., a/k/a Calvary Baptist Church of Clearwater, owner of real property adjoining the alleys described herein, has requested that the City vacate the alleys depicted in Exhibit A attached hereto and that the City vacate the rights-of-way depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said alley is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A portion of land lying between Lots 3 through 10, Block 1, Map or Plat entitled "Bay View City Subdivision", as recorded in Plat Book 9, Page 43, of the Public Records of Pinellas County, Florida, more particularly described as follows: Item # 5 Ordinance No. 8169-10 Attachment number 1 Page 2 of 6 Commencing at a point along the northerly right-of-way for a 16.00 foot platted alley also being the southeast corner of Lot 6, Block 1, of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, thence S 00° 00' 00" E a distance of 16.00 feet to a point lying on the northeast corner of Lot 7, Block 1 of said Map or Plat entitled "Bay View City Subdivision", thence continuing along a southerly right of way line for a 16.00 foot alley also being the northerly lot lines of Lots 7 through 10, Block 1, of said Map or Plat entitled "Bay View City Subdivision" S 90° 00'00" W a distance of 200.00 feet to the Northwest corner of said Lot 10, Block 1, of said Map or Plat entitled "Bay View City Subdivision", thence N 00° 00'00" E a distance of 16.00 feet to the northerly right-of-way line for said 16.00 foot alley, also being the southwest corner of Lot 3, Block 1, of said Map or Plat entitled "Bay View City Subdivision", thence along the northerly right-of-way line of said platted 16.00 foot alley, also being the southerly boundary lines of Lots 3 through 6, Block 1, of said Map or Plat entitled "Bay View City Subdivision" S 90° 00' 00" E a distance of 200.00 feet to the southeast corner of said Lot 6, Block 1, also being the Point of Beginning, and A portion of land lying between Lots 1 through 10, Block 2, Map or Plat entitled "Bay View City Subdivision", as recorded in Plat Book 9, Page 43, of the Public Records of Pinellas County, Florida, being more particularly described as follows: Commencing at a point along the northerly right-of-way for a 16.00 foot platted alley also being the southwest corner of Lot 1, Block 2, of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, thence continue along the platted northerly right-of-way line for a 16.00 foot alley also being the southerly boundary for Lots 1 through 5, Block 2, Map or Plat entitled "Bay View City Subdivision", S 00° 00' 00" E a distance of 250.00 feet to a point lying on the southeast corner of Lot 5, Block 2, of said Map or Plat entitled "Bay View City Subdivision", thence leaving said southerly boundary line of said Lots 1 through 5, Block 2, Map or Plat Entitled "Bay View City Subdivision" S 00° 00' 00" W a distance of 16.00 feet along easterly boundary line of 16.00 foot platted alley to a point lying on the northeast corner of Lot 6, Block 2, Map or Plat entitled "Bay View City Subdivision", thence continue N 90° 00'00" W along northerly boundary line for Lots 6 through 10, Block 2 Map or Plat entitled "Bay View City Subdivision" also being the southerly boundary line for said platted alley a distance of 250.00 feet to a point lying at the northwest corner of Lot 10, Block 2, Map or Plat entitled "Bay View City Subdivision", thence N 00° 00' 00" E a distance of 16.00 feet to a point along the northerly right-of-way line of said 16.00 foot platted alley, also being the southwest corner of said Lot 1, Block 2, Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, and A portion of land lying north of Lots 1 through 5, Block 2, Map or Plat entitled "Bay View City Subdivision", as recorded in Plat Book 9, Page 43 of the Public Records of Pinellas County, Florida being more particularly described as follows: Commencing at a point along the southerly right-of-way line of Virginia Avenue also being the northwest corner of Lot 1, Block 2, of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, thence N 00° 00' 00" E a distance of 30.00 feet to a point along the northerly right-of-way of Virginia Avenue, thence continue along said northerly right-of-way of Virginia Avenue N 90° 00'00" E a distance of 250.00 feet, thence S 00° 00' 00" W a distance of 30.00 feet to a point along the southerly right- of-way line of said Virginia Avenue, also being the northeast corner for said Lot 5, Block 2, of said Map or Plat entitled "Bay View City Subdivision", thence S 90° 00'00" W along the southerly right-of-way line for Virginia Avenue also being the northerly boundary line 2 Ordinance Nq.t6f90t Attachment number 1 Page 3 of 6 for Lots 1 through 5, Block 2, of said Map or Plat entitled "Bay View City Subdivision" a distance of 250.00 feet to northwest corner of Lot 1, Block 2, Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, and A portion of land commencing at the southwest corner of the northwest Y4 of the northwest Y4 of Section 16, Township 29 South, Range 16 East and run thence S 89° 27' 56" E along the 40 acre line, 669.05 feet, thence north 00° 37' 03" east 75.14 feet to the Point of Beginning, thence N 90° 00'00" W a distance of 200.00 feet, thence N 00° 00' 00" W a distance of 15.00 feet, thence S 90° 00' 00" E a distance of 50.00 feet, thence N 00° 00'00" W a distance of 15.00 feet, thence S 90° 00'00" E a distance of 150.00 feet, thence S 00° 00' 00" E a distance of 30.00 feet to the Point of Beginning, and A portion of land lying east of Lot 5, Block 2, Map or Plat entitled "Bay View City Subdivision", as recorded in Plat Book 9, Page 43, of the Public Records of Pinellas County, Florida. Being more particularly described as follows: Commencing at a point along the southerly right-of-way line of Virginia Avenue also being the northeast corner of Lot 5, Block 2, of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, thence N 00° 00' 00" E a distance of 30.00 feet to a point along the northerly right-of-way of Virginia Avenue, thence continue along said northerly right-of-way of Virginia Avenue N 90° 00'00" E a distance of 60.00 feet, thence S 00° 00' 00" E a distance of 166.01 feet to a point along the easterly right- of-way line of Bay Street, perpendicular to the intersection of the westerly right-of-way line of Bay Street and the centerline of the alley dividing Block 2, thence N 89° 44' 51" W a distance of 60.00 feet to a point along said centerline of the alley dividing Block 2 of said Map or Plat entitled "Bay View City Subdivision", thence N 00° 00'00" W a distance of 8.00 feet to the southeast corner of Lot 5, Block 2, Map or Plat entitled "Bay View City Subdivision", thence N 00° 00' 00" W a distance of 127.75 feet to the northwest corner of Lot 5, Block 2, of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, and A portion of land lying north of Lots 1 through 3, and the westerly 14.00 feet of Lot 4, Block 4, Map or Plat entitled "Bay View City Subdivision", as recorded in Plat Book 9, Page 43, of the Public Records of Pinellas County, Florida, being more particularly described as follows: Commencing at a point along the southerly right-of-way line of Kentucky Avenue, also being the northwest corner of Lot 1, Block 4, of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, thence N 00° 00' 00" E a distance of 60.00 feet to a point on the northerly right-of-way of Kentucky Avenue, thence continue along said northerly right-of-way of Kentucky Avenue N 90° 00'00" E a distance of 164.50 feet, thence S 00° 00' 00" W a distance of 60.00 feet to a point along the southerly right- of-way line of said Kentucky Avenue, also being the northeast corner for said westerly 14.00 feet of Lot 4, Block 4 of said Map or Plat entitled "Bay View City Subdivision", thence S 90° 00'00" W along the southerly right-of-way line for Kentucky Avenue also being the northerly boundary line for Lots 1 through 3, and the westerly 14.00 feet of Lot 4, Block 4 of said Map or Plat entitled "Bay View City Subdivision" a distance of 164.50 feet to the northwest corner of Lot 1, Block 4, Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, and Ordinance Nq.t6f90t Attachment number 1 Page 4 of 6 A portion of land lying north of Lots 1 through 3, Block 3, Map or Plat entitled "Bay View City Subdivision", as recorded in Plat Book 9, Page 43 of the Public Records of Pinellas County, Florida, being more particularly described as follows: Commencing at a point along the southerly right-of-way line of Kentucky Avenue also being the northwest corner of Lot 1, Block 3, of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, thence N 00° 00' 00" E a distance of 60.00 feet to a point along the northerly right-of-way of Kentucky Avenue, thence continue along said northerly right-of-way of Kentucky Avenue N 90° 00'00" E a distance of 150.00 feet, thence S 00° 00' 00" W a distance of 60.00 feet to a point along the southerly right- of-way line of said Kentucky Avenue, also being the northeast corner of said Lot 3, Block 3 of said Map or Plat entitled "Bay View City Subdivision", thence S 90° 00'00" W along the southerly right-of-way line for Kentucky Avenue also being the northerly boundary line for Lots 1 through 3, Block 3 of said Map or Plat entitled "Bay View City Subdivision" a distance of 150.00 feet to northwest corner of Lot 1, Block 3, Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, and A portion of land lying north of Lots 1 through 6, Block 1, of said Map or Plat entitled "Bay View City Subdivision", as recorded in Plat Book 9, Page 43, of the Public Records of Pinellas County, Florida, being more particularly described as follows: Commencing at a point along the southerly right-of-way line of Virginia Avenue also being the northwest corner of Lot 1, Block 1, of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, thence N 00° 00' 00" E a distance of 40.00 feet to a point along the northerly right-of-way of Virginia Avenue, thence continue along said northerly right-of-way of Virginia Avenue N 90° 00'00" E a distance of 316.50 feet, thence N 00° 00' 00" E a distance of 95.00 feet, thence N 90° 00' 00" E a distance of 18.00 feet, thence S 00° 00' 00" W a distance of 105.00 feet, thence N 90° 00' 00" E a distance of 26.00 feet, thence S 00° 00' 00" W a distance of 30.00 feet to a point along the southerly right-of-way line of said Virginia Avenue, also being the northwest corner of Lot 1, Block 2 of said Map or Plat entitled "Bay View City Subdivision", thence S 90° 00' 00" W along the southerly right-of-way line for Virginia Avenue also being the northerly boundary line of Lots 1 through 6, Block 1, of said Map or Plat entitled "Bay View City Subdivision" a distance of 360.50 feet to the northwest corner of Lot 1, Block 1, Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, and A portion of land lying south of Lots 1 through 3 and the westerly 14 feet of Lot 4, Block 4, and north of the westerly 14-feet of Lot 9 and Lots 10 through 12, Block 4, Map or Plat entitled "Bay View City Subdivision", as recorded in Plat Book 9, Page 43 of the Public Records of Pinellas County, Florida, being more particularly described as follows: Commencing at the northwest corner of Lot 12, Block 4 of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, thence N 00° 00' 00" E a distance of 16.00 feet to the southwest corner of Lot 1, Block 4, thence N 90° 00' 00" E along the southerly boundary line for Lots 1 through 3 and the westerly 14.00 feet of Lot 4, Block 4 a distance of 164.50 feet to the southeast corner of the westerly 14.00 feet of Lot 4, Block 4, thence S 00° 00'00" W a distance of 16.00 feet to a point along the southerly right of way line for a 16 foot platted alley 14.00 feet east of the northwest corner of said Lot 9, Block 4, thence S 90° 00' 00" W along the northerly boundary line of the west 14 feet of Lot 9 and Lots 10 through 12, Block 4, a distance of 164.50 feet to the Ordinance Nq.t6f90t Attachment number 1 Page 5 of 6 northwest corner of Lot 12, Block 4, Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, and A portion of land lying between Block 1 and Block 2, Map or Plat entitled "Bay View City Subdivision", as recorded in Plat Book 9, Page 43 of the Public Records of Pinellas County, Florida being more particularly described as follows: Commencing at a point along the westerly right-of-way line of Meadow Lark Lane (field), Michigan Boulevard (plat), and along the northerly right-of-way line of Kentucky Avenue also being the southeast corner of Lot 7, Block 1, of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, thence N 00° 00' 00" E a distance of 270.75 feet along the westerly right-of-way of said Meadow Lark Lane (field), Michigan Boulevard (plat) to a point along the southerly right-of-way line of Virginia Avenue also being the northeast corner of Lot 6, Block 1, thence N 90°00' 00" E along the southerly right-of-way of Virginia Avenue a distance of 60.00 feet to a point along the easterly right- of-way of Meadow Lark Lane (field), Michigan Boulevard (plat) also being the northwest corner of Lot 1, Block 3, thence S 00° 00' 00" W along the easterly right-of-way of said Meadow Lark Lane (field), Michigan Boulevard (plat), a distance of 270.75 feet to a point along the southerly right-of-way of said Kentucky Avenue also being the southwest corner of Lot 10, Block 2, thence S 90° 00' 00" W along the northerly right-of-way line of said Kentucky Avenue a distance of 60.00 feet to the southeast corner of Lot 7, Block 1, of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning. All of the property described above is hereby vacated, closed and released, subject to the retention of a 10-foot water main easement located over all City owned water mains contained within the above described properties, said water main easement(s) to lie 5 feet on either side of the centerline of all water mains, and subject to the retention of a 15-foot sewer main easement located over the City-owned sewer main contained in the street right-of-way portions of Meadow Lark Lane and Virginia Avenue east of Meadow Lark Lane as described above, said sewer main easement to lie 7.5 feet on either side of the centerline of the sewer main, and only then does the City of Clearwater release all of its right, title and interest to the property described above. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Ordinance Nq.t6f90t Attachment number 1 Page 6 of 6 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Camilo A. Soto Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance Nq.t6f90t Attachment number 2 Page 1 of 1 zzna 1 292 2111 6 M 3646629 6 40 ^ ]' ]z4 0 0 33 CoL4E?VELAND ST a 33-517 O n CV e e 9 .12 4 3301514 tl?'B h. CA C?'} O) > S Nr. i 1s s4 cu m a ?I s z 1s ? d M M <t? •.? ?? M ? ?? ? ? 6 3 10 ? 6 39? M 22/14 • „? 22/18 /1?' 22/11 6 33 - ` I 43 1 I I` I 12 3 I I` I HT I! II I 101, 9 7 6 - I I - )- _ - I -, L T _ 46em 201 -n I - .. II M 201 1 _z ? w 3 1 1 1? I - , 1 1 2 1 3 14 1 6 I I I I - " - - . ; I I _ b z6J-- > ? i _ 1 i i-- 251 co I 12 111 ?? I L ., 1q II 9 ,t I Y J 1 10 91°"`I 8'm1 7F I 6 t?.. I I , ? ?I 1 I 1 I ro l ro I . . ? I I ? 11?" I 30 225 , , , 227 I 400 1 I I I q -,.. i „..5 I ., i„.. 6 1G 8 L2? 11 7 05 2 - ? V N O w CAROLINA I I I gI I 1 2 1 1 4 1 6 6 -T- Z 49 a el-- - 12? 11 10?? 9 ?z 6 I °I I ?- .-. 60 6541- 1 i y ,,. , ? N N? ? 50 • ? ?i AVE I I I 407 I- -j-- 1,1 I I 1 z l`-..? 14 1 6 I I 4-5F v{- aoT,oas 11 10 9 1 8 I 71 .I 6 I 1 ?I I I I M I I 1,0 SR-60 ° I I I I I I 1 2 1 4 6 1 7 111 1 9 >- 23 122 I 21 '21 119 118 an?zsa m i I l wi w. w.i x, w. 545'(16 I 3 to I 1 ,1 I a vas. z649ba6 za/oz 4.34 Ac(c) a? o 0 0 GULF ^ I m I I Z I 211 W J J I ? I h ? 224 I Iel II I li 1 LII ? jl EI II I I I I I I I I I I I I I I I I I I I I I 1 i '.. 224 ',. I I I 1 '? I I I ? I I I I a/1 I I I 1 I I' I 1 c I I I 1 I' I 1 I I I 1 L-7 TO n I I' it I I I 1 I o,o I I ? 'L 0 Ord #: 816910 Vac #: 2010-01 Legend "ROW to be Vacated N ClearWater Name: First Baptist Church of Clearwater, Inc. J Bldg Footprint Parcel Boundary W E U Outside CLWTR City limits Prepared by: Various Rights-of-Way to be Vacated. ~ Engineering Department 7 r Clearwater Service Area Ite m # 5 s Geographic Technology Division 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)5624750, Fax: (727)526-4755 Map Gen By: JHH Reviewed By: SD Date: 5/5/2010 Grid #: 292A S-T-R: 16-29s-16e Scale: N.T.S. www. MyC learwater. com ay0 h , M - -__ -soi(s) - z3/o1 F""`? 3.39 -- Ac AVE / I I I I I I I I 1 211 150 I N Il O c? IL? I 1 I L I I - I I I $ i I C ,9 4663a,?t- I I I I I I I I I I I I I I I I I I I i - 1 1 2 1 3 1 q 1 6 1 6 1 7 I °a tm 1 I I I I I I ? !; ?..,t I I T 2.1 23 122 21 20 19 18 17 l b , 15 •,• e I N I I I I I I I ? I r 05508 1 J I I I I I i = I_ I ! I I I 1 I I O TENNESSEE V1F l L. 40 1 307! 40 30 MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. ALSO SUBJECT TO SETBACKS, EASEMENTS AND RESTRICTIONS OF RECORD. UNDERGROUND FOOTER, STEM WALL, AND UNDERGROUND UTILITIES ARE NOT LOCATED OR w SHOWN. J cj DO NOT SCALE THIS PRINT. DIMENSIONS AND cn NOTES TAKE PREFERENCE. Attachment number 3 Page 1 of 10 I I I B L O C K I 1 I I W I I I I I I I Z LOT 1 LOT 2 LOT 3 LOT4 LOT S LOT 6 I MO N 00°0000 W BEGINNING S 00'00'00" E I 16.00' THE SOUTHWEST CORNER THi SOUTHEAST CORNER 16.00' OF LOT 3 BLOCK 1' S 90°00'00"IE 200.00' OF LOT 6 BLOCK 1 CLOSED ALLEY 16' ALLEY TO BE VACATED f 1 F- - - - - THE NORTHWEST CORNER I S 90'00'00".W 200.00' I , THE NORTHEAST CORNER OF LOT 10 BLOCKI1 dF LOT 7 BLOCK 1 I I I I Q LOT 12 LOT 11 LOT Ul L OT 9 LOT B LOT 7 o B L 01C K 1 o Q W Z DESCRIPTION: EXHIBIT "A" A PORTION OF LAND LYING BETWEEN LOTS 3 THROUGH 10 BLOCK 1, MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION", AS RECORDED IN PLAT BOOK 9, PAGE 43, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT A POINT ALONG THE NORTHERLY RIGHT-OF-WAY FOR A 16.00 FOOT PLATTED ALLEY ALSO BEING THE SOUTHEAST CORNER OF LOT 6, BLOCK 1, OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" ALSO BEING THE POINT OF BEGINNING, THENCE S 00'00'00" E A DISTANCE OF 16.00 FEET TO A POINT LYING ON THE NORTHEAST CORNER OF LOT 7 BLOCK 1 OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" THENCE CONTINUING ALONG A SOUTHERLY RIGHT OF WAY LINE FOR A 16.00 FEET ALLEY ALSO BEING THE NORTHERLY LOT LINES OF LOTS 7 THROUGH 10, BLOCK 1, OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" S 90'00'00" W A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 10, BLOCK 1, OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION", THENCE N 00'00'00" E A DISTANCE OF 16.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE FOR SAID 16.00 FOOT ALLEY, ALSO BEING THE SOUTHWEST CORNER OF LOT 3 BLOCK 1, OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" THENCE ALONG THE NORTHERLY RIGHT -OF-WAY LINE OF SAID PLATTED 16.00 FOOT ALLEY, ALSO BEING THE SOUTHERLY BOUNDARY LINES OF LOTS 3 THROUGH 6, BLOCK 1, OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" S 90'00'00" E A DISTANCE OF 200.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 6, BLOCK 1 ALSO BEING THE POINT OF BEGINNING. AREA CONTAINING ±3200.00 SQUARE FEET APPARENT FLOOD HAZARD ZONE: "X" COMMUNITY PANEL NO. 12103C 0129 G EFFECTIVE DATE: 9/3/03 1 LEGEND: (C)= CALCULATED DATA, (D)= DESCRIBED, (M)= MEASURED DATA, (P)= PLAT DATA, q= CENTERLINE, A/C= AIR CONDITIONER, B/C= BACK OF CURB, C/S= CONCRETE SLAB, CH= CHORD, CHB= CHORD BEARING, CLF= CHAIN LINK FENCE, CONC= CONCRETE, COV.= COVERED, E/P= EDGE OF PAVEMENT, ESM'T= EASEMENT, F/C= FENCE CORNER, FCM= FOUND CONCRETE MONUMENT, FIP= FOUND IRON PIPE, FIR= FOUND IRON ROD, FN&D= FOUND NAIL & DISK, FPP= FOUND PINCHED PIPE, LFE= LOWEST FLOOR ELEVATION, MAS.= MASONRY, OR= OFFICIAL RECORD BOOK, PB= PLAT BOOK, PCP= PERMANENT CONTROL POINT, PRM= PERMANENT REFERENCE MONUMENT, R/W= RIGHT OF WAY, R= RADIUS, SIR=SET 1/2" IRON ROD & CAP No. 4493, SN&D= SET NAIL & DISK, TBM= TEMPORARY BENCHMARK, JOHN R. BEACH & ASSOCIATES, INC. I Drown By: RTM SURVEYORS AND MAPPERS Checked By: 911 WEST ST. PETERSBURG DRIVE ,.. MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. ALSO SUBJECT TO SETBACKS, EASEMENTS AND RESTRICTIONS OF RECORD. UNDERGROUND FOOTER, STEM WALL, AND UNDERGROUND UTILITIES ARE NOT LOCATED OR w SHOWN. J cj DO NOT SCALE THIS PRINT. DIMENSIONS AND cn NOTES TAKE PREFERENCE. Attachment number 3 Page 2 of 10 I I I I I I z N 00'00'00" E -_j I LOT 1 LOT 2 LOT 3 LOT 4 LOT I I I I 5 I a, 16.00' POINT OF B L O C K 21 BEGINNING TH SOUTHEASTOCK CORNER THE SOUTHWEST CORNER F LOT 5 BL 2 W OF LOT 1 BLOCK S 90°00'00" E 250.0 ' D ti i6' ALLEY TO BE VACATED Y THE NORTHWEST CORNER N. 90'00'00" W 250.60' THE NORTHEAST CORNER / S 00°00'00" W Q OF LOT 10 BLOCK 12 OF LOT 6 BLOCK 2 16.00' $ LOT 10 LOT 9 : LOT B : Q ? I I I I LOT 7 I LOT 6 I co O B L O C K 2 Q I I I I I I ? I I I I I I DESCRIPTION: EXHIBIT "A" A PORTION OF LAND LYING BETWEEN LOTS 1 THROUGH 10 BLOCK 2, MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION", AS RECORDED IN PLAT BOOK 9, PAGE 43, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT A POINT ALONG THE NORTHERLY RIGHT-OF-WAY FOR A 16.00 FOOT PLATTED ALLEY ALSO BEING THE SOUTHWEST CORNER OF LOT 1, BLOCK 2, OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" ALSO BEING THE POINT OF BEGINNING, THENCE CONTINUE ALONG THE PLATTED NORTHERLY RIGHT-OF-WAY LINE FOR A 16.00 FOOT ALLEY ALSO BEING THE SOUTHERLY BOUNDARY LINE FOR LOTS 1 THROUGH 5, BLOCK 2, MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" S 00°00'00" E A DISTANCE OF 250.00 FEET TO A POINT LYING ON THE SOUTHEAST CORNER OF LOT 5 BLOCK 2, OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION", THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE OF SAID LOTS 1 THROUGH 5 BLOCK 2, MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" S 00°00'00" W A DISTANCE OF 16.00 FEET ALONG EASTERLY BOUNDARY LINE OF 16.00 FOOT PLATTED ALLEY TO A POINT LYING ON THE NORTHEAST CORNER OF LOT 6 BLOCK 2, MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" THENCE CONTINUE N 90°00'00" W ALONG NORTHERLY BOUNDARY LINE FOR LOTS 6 THROUGH 10, BLOCK 2 MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" ALSO BEING THE SOUTHERLY BOUNDARY LINE FOR SAID PLATTED ALLEY A DISTANCE OF 250.00 FEET. TO A POINT LYING AT THE NORTHWEST CORNER OF LOT 10, BLOCK 2, MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION", THENCE N 00°00'00" E A DISTANCE OF 16.00 FEET TO A POINT ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID 16.00 PLATTED ALLEY, ALSO BEING THE SOUTHWEST CORNER OF SAID LOT 1 BLOCK 2, MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" ALSO BEING THE POINT OF BEGINNING. AREA CONTAINING ±4000.00 SQUARE FEET APPARENT FLOOD HAZARD ZONE: "X" COMMUNITY PANEL NO. 12103C 0129 G EFFECTIVE DATE: 9/3/03 1 LEGEND: (C)= CALCULATED DATA, (D)= DESCRIBED, (M)= MEASURED DATA, (P)= PLAT DATA, q= CENTERLINE, A/C= AIR CONDITIONER, B/C= BACK OF CURB, C/S= CONCRETE SLAB, CH= CHORD, CHB= CHORD BEARING, CLF= CHAIN LINK FENCE, CONC= CONCRETE, COV.= COVERED, E/P= EDGE OF PAVEMENT, ESM'T= EASEMENT, F/C= FENCE CORNER, FCM= FOUND CONCRETE MONUMENT, FIP= FOUND IRON PIPE, FIR= FOUND IRON ROD, FN&D= FOUND NAIL & DISK, FPP= FOUND PINCHED PIPE, LFE= LOWEST FLOOR ELEVATION, MAS.= MASONRY, OR= OFFICIAL RECORD BOOK, PB= PLAT BOOK, PCP= PERMANENT CONTROL POINT, PRM= PERMANENT REFERENCE MONUMENT, R/W= RIGHT OF WAY, R= RADIUS, SIR=SET 1/2" IRON ROD & CAP No. 4493, SN&D= SET NAIL & DISK, TBM= TEMPORARY BENCHMARK, JOHN R. BEACH & ASSOCIATES, INC. I Drawn By: RTM SURVEYORS AND MAPPERS Checked By: 911 WEST ST. PETERSBURG DRIVE ,.. MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. ALSO SUBJECT TO SETBACKS, EASEMENTS AND RESTRICTIONS OF RECORD. UNDERGROUND FOOTER, STEM WALL, AND UNDERGROUND UTILITIES ARE NOT LOCATED OR w SHOWN. J cj DO NOT SCALE THIS PRINT. DIMENSIONS AND cn NOTES TAKE PREFERENCE. Attachment number 3 Page 3 of 10 I I JOB #26527 j N 00°00'00" E 22/11 S 00°00'00" W 30.00' 30.00' I I NORTH RIGHT-OF-WAY LINE N 90°00'00" E 250.00' V l R G / N l A - - - VIRGINIA AVENUE- - - - -- I AVENUE S 90°00'00" W 250.00' SOUTH RIGHT-OF-WAY LINE I POINT OF I I I I I I BEGINNING I ? I I I I I I B L O C K 2 -_j W LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 Q I ?s2 I I I I I I m I O Q I I I I I I O-_j Q W z DESCRIPTION: EXHIBIT "A" A PORTION OF LAND LYING NORTH OF LOTS 1 THROUGH 5 BLOCK 2, MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION", AS RECORDED IN PLAT BOOK 9, PAGE 43, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT A POINT ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF VIRGINIA AVENUE ALSO BEING THE NORTHWEST CORNER OF LOT 1, BLOCK 2, OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" ALSO BEING THE POINT OF BEGINNING, THENCE N 00°00'00" E A DISTANCE OF 30.00 FEET TO A POINT ALONG THE NORTHERLY RIGHT-OF-WAY OF VIRGINIA AVENUE, THENCE CONTINUE ALONG SAID NORTHERLY RIGHT-OF-WAY OF VIRGINIA AVENUE N 90°00'00" E A DISTANCE OF 250.00 FEET, THENCE S 00°00'00" W A DISTANCE OF 30.00 FEET TO A POINT ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID VIRGINIA AVENUE, ALSO BEING THE NORTHEAST CORNER FOR SAID LOT 5, BLOCK 2 OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION", THENCE S 90'00'00" W ALONG THE SOUTHERLY RIGHT-OF-WAY LINE FOR VIRGINIA AVENUE ALSO BEING THE NORTHERLY BOUNDARY LINE FOR LOTS 1 THOUGH 5, BLOCK 2, OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" A DISTANCE OF 250.00 FEET TO NORTHWEST CORNER OF LOT 1 BLOCK 2, MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" ALSO BEING THE POINT OF BEGINNING. AREA CONTAINING t 7500.00 SQUARE FEET APPARENT FLOOD HAZARD ZONE: "X" COMMUNITY PANEL NO. 12103C 0129 G EFFECTIVE DATE: 9/3/03 1 LEGEND: (C)= CALCULATED DATA, (D)= DESCRIBED, (M)= MEASURED DATA, (P)= PLAT DATA, q= CENTERLINE, A/C= AIR CONDITIONER, B/C= BACK OF CURB, C/S= CONCRETE SLAB, CH= CHORD, CHB= CHORD BEARING, CLF= CHAIN LINK FENCE, CONC= CONCRETE, COV.= COVERED, E/P= EDGE OF PAVEMENT, ESM'T= EASEMENT, F/C= FENCE CORNER, FCM= FOUND CONCRETE MONUMENT, FIP= FOUND IRON PIPE, FIR= FOUND IRON ROD, FN&D= FOUND NAIL & DISK, FPP= FOUND PINCHED PIPE, LFE= LOWEST FLOOR ELEVATION, MAS.= MASONRY, OR= OFFICIAL RECORD BOOK, PB= PLAT BOOK, PCP= PERMANENT CONTROL POINT, PRM= PERMANENT REFERENCE MONUMENT, R/W= RIGHT OF WAY, R= RADIUS, SIR=SET 1/2" IRON ROD & CAP No. 4493, SN&D= SET NAIL & DISK, TBM= TEMPORARY BENCHMARK, JOHN R. BEACH & ASSOCIATES, INC. I Drawn By: RTM SURVEYORS AND MAPPERS Checked By: 911 WEST ST. PETERSBURG DRIVE ,.. MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. ALSO SUBJECT TO SETBACKS, EASEMENTS AND RESTRICTIONS OF RECORD. UNDERGROUND FOOTER, STEM WALL, AND UNDERGROUND UTILITIES ARE NOT LOCATED OR w SHOWN. J cj DO NOT SCALE THIS PRINT. DIMENSIONS AND cn NOTES TAKE PREFERENCE. Attachment number 3 Page 4 of 10 N 00°00'00" W 15.00' N 00°5.000 W JOB #27808 JOB #27436 1 22/10 1 22/12 NORTH RIGHT-OF-WAY LINE S 90°00'00" E S 90°00'00" E 150.00' I S 00°00'00" E 30.00' - - -EASTWOOD DRIVE- - I - N 90°00'00" W 200.00' SOUTH RIGHT-OF-WAY LINE JOB #26527 THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16-29-16 DESCRIPTION: EXHIBIT ^A^ POINT OF BEGINNING 22/11 w 0 MCI 0 o I z I I S 89°27'56"E 669.05' A PORTION OF LAND COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST AND RUN THENCE S 89°27'56" E, ALONG THE 40 ACRE LINE, 669.05 FEET; THENCE NORTH 0°37'03" EAST, 75.14 FEET; TO THE POINT OF BEGINNING THENCE N 90°00'00" W A DISTANCE OF 200.00 FEET; THENCE N 00°00'00" W A DISTANCE OF 15.00 FEET, THENCE S 90°00'00" E A DISTANCE OF 50.00 FEET, THENCE N 00°00'00" W A DISTANCE OF 15.00 FEET, THENCE S 90°00'00" E A DISTANCE OF 150.00 FEET, THENCE S 00°00'00" E A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. APPARENT FLOOD HAZARD ZONE: "X" COMMUNITY PANEL NO. 12103C 0129 G EFFECTIVE DATE: 9/3/03 1 LEGEND: (C)= CALCULATED DATA, (D)= DESCRIBED, (M)= MEASURED DATA, (P)= PLAT DATA, q = CENTERLINE, A/C= AIR CONDITIONER, B/C= BACK OF CURB, C/S= CONCRETE SLAB, CH= CHORD, CHB= CHORD BEARING, CLF= CHAIN LINK FENCE, CONC= CONCRETE, COV.= COVERED, E/P= EDGE OF PAVEMENT, ESM'T= EASEMENT, F/C= FENCE CORNER, FCM= FOUND CONCRETE MONUMENT, FIP= FOUND IRON PIPE, FIR= FOUND IRON ROD, FN&D= FOUND NAIL & DISK, FPP= FOUND PINCHED PIPE, LFE= LOWEST FLOOR ELEVATION, MAS.= MASONRY, OR= OFFICIAL RECORD BOOK, PB= PLAT BOOK, PCP= PERMANENT CONTROL POINT, PRM= PERMANENT REFERENCE MONUMENT, R/W= RIGHT OF WAY, R= RADIUS, SIR=SET 1/2" IRON ROD & CAP No. 4493, SN&D= SET NAIL & DISK, TBM= TEMPORARY BENCHMARK, JOHN R. BEACH & ASSOCIATES, INC. I Drown By: RTM SURVEYORS AND MAPPERS Checked By: 911 WEST ST. PETERSBURG DRIVE ,.. 0 II w J Q CA I I I 22/11 22/17 N 90°06'00" E 60.60' 3 . 20.00' - o VIRGINIA °o AVENUE °o THE NORTHEAST CORNER OF LOT 5 BLOCK 2 POINT OF BEGINNING N 00'00'00" W 8.00' THE SOUTHEAST CORNER OF LOT 5 BLOCK 2 \ z } w I ?I z z J } o 'n of Y n Q. U ?U?zzl wl D o wo Oml z ¢I h= _ w CD 0 o ? ? al wl O } p U 0 m 0 of w 00 (n z z ? I I I I I h J ?a ~3 41 . W N C; I EZ O ? U QR- m3 N T9-44'51 W - 60100' ? I I LOT B BLOCK 2 I ? I I I I 0 w °o 0 0 0 DESCRIPTION: EXHIBIT "A" A PORTION OF LAND LYING EAST OF LOT 5, BLOCK 2, MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION", AS RECORDED IN PLAT BOOK 9, PAGE 43, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT A POINT ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF VIRGINIA AVENUE ALSO BEING THE NORTHEAST CORNER OF LOT 5, BLOCK 2, OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" ALSO BEING THE POINT OF BEGINNING, THENCE N 00'00'00" E A DISTANCE OF 30.00 FEET TO A POINT ALONG THE NORTHERLY RIGHT-OF-WAY OF VIRGINIA AVENUE, THENCE CONTINUE ALONG SAID NORTHERLY RIGHT-OF-WAY OF VIRGINIA AVENUE N 90'00'00" E A DISTANCE OF 60.00 FEET, THENCE S 00°00'00" E A DISTANCE OF 166.01 FEET TO A POINT ALONG THE EASTERLY R/W LINE OF BAY STREET, PERPENDICULAR TO THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF BAY STREET AND THE CENTERLINE OF THE ALLEY DIVIDING BLOCK 2, THENCE N 89'44'51" W A DISTANCE OF 60.00' TO A POINT ALONG SAID CENTERLINE OF THE ALLEY DIVIDING BLOCK 2, OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" , THENCE N 00'00'00" W A DISTANCE OF 8.00 FEET TO SOUTHEAST CORNER OF LOT 5 BLOCK 2, MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION", THENCE N 00'00'00" W A DISTANCE OF 127.75 FEET TO THE NORTHEAST CORNER OF LOT 5, BLOCK 2, OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION", ALSO BEING THE POINT OF BEGINNING. AREA CONTAINING t 9952.94 SQUARE FEET Attachment number 3 Page 5 of 10 APPARENT FLOOD HAZARD ZONE: "X" COMMUNITY PANEL NO. 12103C 0129 G EFFECTIVE DATE: 9/3/03 1 LEGEND: (C)= CALCULATED DATA, (D)= DESCRIBED, (M)= MEASURED DATA, (P)= PLAT DATA, q= CENTERLINE, A/C= AIR CONDITIONER, B/C= BACK OF CURB, C/S= CONCRETE SLAB, CH= CHORD, CHB= CHORD BEARING, CLF= CHAIN LINK FENCE, CONC= CONCRETE, COV.= COVERED, E/P= EDGE OF PAVEMENT, ESM'T= EASEMENT, F/C= FENCE CORNER, FCM= FOUND CONCRETE MONUMENT, FIP= FOUND IRON PIPE, FIR= FOUND IRON ROD, FN&D= FOUND NAIL & DISK, FPP= FOUND PINCHED PIPE, LFE= LOWEST FLOOR ELEVATION, MAS.= MASONRY, OR= OFFICIAL RECORD BOOK, PB= PLAT BOOK, PCP= PERMANENT CONTROL POINT, PRM= PERMANENT REFERENCE MONUMENT, R/W= RIGHT OF WAY, R= RADIUS, SIR=SET 1/2" IRON ROD & CAP No. 4493, SN&D= SET NAIL & DISK, TBM= TEMPORARY BENCHMARK, JOHN R. BEACH & ASSOCIATES, INC. I Drawn By: 1 JIBS SURVEYORS AND MAPPERS Checked By: 911 WEST ST. PETERSBURG DRIVE ,.. MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. ALSO SUBJECT TO SETBACKS, EASEMENTS AND RESTRICTIONS OF RECORD. UNDERGROUND FOOTER, STEM WALL, AND UNDERGROUND UTILITIES ARE NOT LOCATED OR SHOWN. DO NOT SCALE THIS PRINT. DIMENSIONS AND NOTES TAKE PREFERENCE. MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. ALSO SUBJECT TO SETBACKS, EASEMENTS AND RESTRICTIONS OF RECORD. UNDERGROUND FOOTER, STEM WALL, AND UNDERGROUND UTILITIES ARE NOT LOCATED OR w SHOWN. J cj DO NOT SCALE THIS PRINT. DIMENSIONS AND cn NOTES TAKE PREFERENCE. Attachment number 3 Page 6 of 10 N 00°00'00" E 60.00' W 2 W Q I I I I I I I I I LOT 12 LOT 11 LOT 10 I I I ORTH RIGHT-OF-WAY LINE N 90°00'00" E 164.50' I I I I B L O? C K 1 I I I I LOT 9 LOT 8 LOT 7 I I I I S 0 00 W 60.00' LU :;t Q J 3 W Q m K E N T U C K Y A V E N U E S 90°00'00" W 164.50' DUTH RIGHT-OF-WA LINE POINT OF LOT 1 Lor 2 BEGINNING I I I I I I I I I t 4.00' l LOT 3 I I PORTION 4 OF ? I 5 I ?& LOT 4 I NOT INCLUDED I I I I I I I I I I B L O IC K 4 I I I DESCRIPTION: EXHIBIT "A" A PORTION OF LAND LYING NORTH OF LOTS 1 THROUGH 3, AND THE WESTERLY 14.00 FEET OF LOT 14, BLOCK 4, MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION", AS RECORDED IN PLAT BOOK 9, PAGE 43, OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT A POINT ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF KENTUCKY AVENUE ALSO BEING THE NORTHWEST CORNER OF LOT 1, BLOCK 4, OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" ALSO BEING THE POINT OF BEGINNING, THENCE N 00°00'00" E A DISTANCE OF 60.00 FEET TO A POINT ALONG THE NORTHERLY RIGHT-OF-WAY OF KENTUCKY AVENUE, THENCE CONTINUE ALONG SAID NORTHERLY RIGHT-OF-WAY OF KENTUCKY AVENUE N 90°00'00" E A DISTANCE OF 164.50 FEET, THENCE S 00°00'00" W A DISTANCE OF 60.00 FEET TO A POINT ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID KENTUCKY AVENUE, ALSO BEING THE NORTHEAST CORNER FOR SAID WESTERLY 14.00 FEET OF LOT 4, BLOCK 4 OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" THENCE S 90°00'00" W ALONG THE SOUTHERLY RIGHT-OF-WAY LINE FOR KENTUCKY AVENUE ALSO BEING THE NORTHERLY BOUNDARY LINE FOR LOTS 1 THOUGH 3, AND THE WESTERLY 14.00 FEET OF LOT 4, BLOCK 4, OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" A DISTANCE OF 164.50 FEET TO NORTHWEST CORNER OF LOT 1 BLOCK 4, MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" ALSO BEING THE POINT OF BEGINNING. AREA CONTAINING t 9870.00 SQUARE FEET 0: Q J 3 Q W APPARENT FLOOD HAZARD ZONE: "X" COMMUNITY PANEL NO. 12103C 0129 G EFFECTIVE DATE: 9/3/03 1 LEGEND: (C)= CALCULATED DATA, (D)= DESCRIBED, (M)= MEASURED DATA, (P)= PLAT DATA, q= CENTERLINE, A/C= AIR CONDITIONER, B/C= BACK OF CURB, C/S= CONCRETE SLAB, CH= CHORD, CHB= CHORD BEARING, CLF= CHAIN LINK FENCE, CONC= CONCRETE, COV.= COVERED, E/P= EDGE OF PAVEMENT, ESM'T= EASEMENT, F/C= FENCE CORNER, FCM= FOUND CONCRETE MONUMENT, FIP= FOUND IRON PIPE, FIR= FOUND IRON ROD, FN&D= FOUND NAIL & DISK, FPP= FOUND PINCHED PIPE, LFE= LOWEST FLOOR ELEVATION, MAS.= MASONRY, OR= OFFICIAL RECORD BOOK, PB= PLAT BOOK, PCP= PERMANENT CONTROL POINT, PRM= PERMANENT REFERENCE MONUMENT, R/W= RIGHT OF WAY, R= RADIUS, SIR=SET 1/2" IRON ROD & CAP No. 4493, SN&D= SET NAIL & DISK, TBM= TEMPORARY BENCHMARK, JOHN R. BEACH & ASSOCIATES, INC. I Drown By: I HEREBY CERTIFY THAT THIS SURVEY HAS BEEN MADE UNDER MY JIBS RESPONSIBLE CHARGE AND MEETS THE MINIMUM TECHNICAL SURVEYORS AND MAPPERS Checked By: STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF 911 WEST ST. PETERSBURG DRIVE ioo PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6. FLORIDA MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. ALSO SUBJECT TO SETBACKS, EASEMENTS AND RESTRICTIONS OF RECORD. UNDERGROUND FOOTER, STEM WALL, AND UNDERGROUND UTILITIES ARE NOT LOCATED OR w SHOWN. J cj DO NOT SCALE THIS PRINT. DIMENSIONS AND cn NOTES TAKE PREFERENCE. Attachment number 3 Page 7 of 10 N 00°00'00" E 60.00' Y Q J LLJ 3Z OQ Q1 --j Q W I I I I I I I I I I B L O C K 2 I LOT 10 LOT 9 LOT 6 LOT 7 LOT I I I I I NO TH RIGHT-OF-WAY 1NE 1 I I 6 I J ..-. - ° ' " ' - .-.. N 90 00 00 E 150.00 ' " S 00°00 00 W 60.00' ~ W W - - - - - Q: KENTUCKY AVENUE ~ POINT OF I BEGINNING i I I I S 90°00'00" W 150.00' Q I SOUTH RIGHT-OF-WAY LINE T m LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 I I I I I I B L o C K l 3 I I I I I I I I I I DESCRIPTION: EXHIBIT "A" A PORTION OF LAND LYING NORTH OF LOTS 1 THROUGH 3, BLOCK 3, MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION", AS RECORDED IN PLAT BOOK 9, PAGE 43, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT A POINT ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF KENTUCKY AVENUE ALSO BEING THE NORTHWEST CORNER OF LOT 1, BLOCK 3, OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" ALSO BEING THE POINT OF BEGINNING, THENCE N 00°00'00" E A DISTANCE OF 60.00 FEET TO A POINT ALONG THE NORTHERLY RIGHT-OF-WAY OF KENTUCKY AVENUE, THENCE CONTINUE ALONG SAID NORTHERLY RIGHT-OF-WAY OF KENTUCKY AVENUE N 90°00'00" E A DISTANCE OF 150.00 FEET, THENCE S 00°00'00" W A DISTANCE OF 60.00 FEET TO A POINT ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID KENTUCKY AVENUE, ALSO BEING THE NORTHEAST CORNER FOR SAID LOT 3, BLOCK 3 OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" THENCE S 90°00'00" W ALONG THE SOUTHERLY RIGHT-OF-WAY LINE FOR KENTUCKY AVENUE ALSO BEING THE NORTHERLY BOUNDARY LINE FOR LOTS 1 THOUGH 3, BLOCK 3, OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" A DISTANCE OF 150.00 FEET TO NORTHWEST CORNER OF LOT 1 BLOCK 3, MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" ALSO BEING THE POINT OF BEGINNING. AREA CONTAINING t 9000.00 SQUARE FEET APPARENT FLOOD HAZARD ZONE: "X" COMMUNITY PANEL NO. 12103C 0129 G EFFECTIVE DATE: 9/3/03 1 LEGEND: (C)= CALCULATED DATA, (D)= DESCRIBED, (M)= MEASURED DATA, (P)= PLAT DATA, q= CENTERLINE, A/C= AIR CONDITIONER, B/C= BACK OF CURB, C/S= CONCRETE SLAB, CH= CHORD, CHB= CHORD BEARING, CLF= CHAIN LINK FENCE, CONC= CONCRETE, COV.= COVERED, E/P= EDGE OF PAVEMENT, ESM'T= EASEMENT, F/C= FENCE CORNER, FCM= FOUND CONCRETE MONUMENT, FIP= FOUND IRON PIPE, FIR= FOUND IRON ROD, FN&D= FOUND NAIL & DISK, FPP= FOUND PINCHED PIPE, LFE= LOWEST FLOOR ELEVATION, MAS.= MASONRY, OR= OFFICIAL RECORD BOOK, PB= PLAT BOOK, PCP= PERMANENT CONTROL POINT, PRM= PERMANENT REFERENCE MONUMENT, R/W= RIGHT OF WAY, R= RADIUS, SIR=SET 1/2" IRON ROD & CAP No. 4493, SN&D= SET NAIL & DISK, TBM= TEMPORARY BENCHMARK, JOHN R. BEACH & ASSOCIATES, INC. I Drown By: JIBS SURVEYORS AND MAPPERS Checked By: 911 WEST ST. PETERSBURG DRIVE ,.. 1 r1 J JUNVr T J JUUJr , U AvT -Al. J r1H MAY BE DISCLOSED BY A FULL AND ACCURATE b TITLE SEARCH. ALSO SUBJECT TO SETBACKS, EASEMENTS AND RESTRICTIONS OF RECORD. II UNDERGROUND FOOTER, STEM WALL, AND UNDERGROUND UTILITIES ARE NOT LOCATED OR a SHOWN. U DO NOT SCALE THIS PRINT. DIMENSIONS AND NOTES TAKE PREFERENCE. Attachment number 3 Page 8 of 10 N 90'00'00" E 18.00' 0 o p N O m ? 0 w 0 3 0 o° °o 0 0 0 0 z a° N 90'00'00" E n 26.00' N 00'00'00" E 40.00' NORT H RIGHT-OF-WAY LINE (COUNTY) S 00'00'00" W 3W N 90'00'00" E 316.50' 30.00 ' W J CENTETLINE (PLAT) 2 ?W V I R G I N I A A VENUE 1 Q S 90'00'00" W 360 50' Q m . POINT OF BEGINNING 1 LOT r LOT 2 L01-3 I LOT 4 I 1 Y I LOT 1 L01 5 I I I I I - LOT 8 BLOCK 2 I I I 1 B L O 1C K f Q 3W 2 I I oQ OJ Q W DESCRIPTION: EXHIBIT "A" A PORTION OF LAND LYING NORTH OF LOTS 1 THROUGH 6, BLOCK 1, MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION", AS RECORDED IN PLAT BOOK 9, PAGE 43, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRI BED AS FOLLOWS. COMMENCING AT A POINT ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF VIRGINIA AVENUE ALSO BEING THE NORTHWEST CORNER OF LOT 1, BLOCK 1, OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" ALSO BEING THE POINT OF BEGINNING, THENCE N 00°00'00" E A DISTANCE OF 40.00 FEET TO A POINT ALONG THE NORTHERLY RIGHT-OF-WAY OF VIRGINIA AVENUE, THENCE CONTINUE ALONG SAID NORTHERLY RIGHT-OF-WAY OF VIRGINIA AVENUE N 90°00'00" E A DISTANCE OF 316.50 FEET, THENCE N 00°00'00" E A DISTANCE OF 95.00 FEET, THENCE N 90°00'00" E A DISTANCE OF 18.00 FEET, THENCE S 00°00'00" W A DISTANCE OF 105.00 FEET, THENCE N 90°00'00" E A DISTANCE OF 26.00 FEET, THENCE S 00°00'00" W A DISTANCE OF 30.00 FEET TO A POINT ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID VIRGINIA AVENUE, ALSO BEING THE NORTHWEST CORNER OF LOT 1, BLOCK 2 OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" THENCE S 90°00'00" W ALONG THE SOUTHERLY RIGHT-OF-WAY LINE FOR VIRGINIA AVENUE ALSO BEING THE NORTHERLY BOUNDARY LINE FOR LOTS 1 THOUGH 6, BLOCK 1, OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" A DISTANCE OF 360.50 FEET TO NORTHWEST CORNER OF LOT 1 BLOCK 1, MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" ALSO BEING THE POINT OF BEGINNING. AREA CONTAINING t 15870.00 SQUARE FEET APPARENT FLOOD HAZARD ZONE: "X" COMMUNITY PANEL NO. 12103C 0129 G EFFECTIVE DATE: 9/3/03 Project Number: Square Feet: 15870.00 t CALVARY LEGEND: (C)= CALCULATED DATA, (D)= DEED DATA, (M)= MEASURED DATA, (P)= PLAT DATA, q = CENTERLINE, A/C= AIR CONDITIONER, B/C= BACK OF CURB, C/S= CONCRETE SLAB, CH= CHORD, CHB= CHORD BEARING, CLF= CHAIN LINK FENCE, CONC= CONCRETE, COV.= COVERED, E/P= EDGE OF PAVEMENT, ESM'T= EASEMENT, F/C= FENCE CORNER, FCM= FOUND CONCRETE MONUMENT, FIP= FOUND IRON PIPE, FIR= FOUND IRON ROD, FN&D= FOUND NAIL & DISK, FPP= FOUND PINCHED PIPE, LFE= LOWEST FLOOR ELEVATION, MAS.= MASONRY, OR= OFFICIAL RECORD BOOK, PB= PLAT BOOK, PCP= PERMANENT CONTROL POINT, PRM= PERMANENT REFERENCE MONUMENT, R/W= RIGHT OF WAY, R= RADIUS, SIR=SET 1/2" IRON ROD & CAP No. 4493, SN&D= SET NAIL & DISK, TBM= TEMPORARY BENCHMARK, I I /P= I ITII ITY Pnl F NI /F= Wnnn FFNirF lwn JB ur?as by: JOHN R. BEACH & ASSOCIATES, INC. SURVEYORS AND MAPPERS Checked By: 911 WEST ST. PETERSBURG DRIVE MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. ALSO SUBJECT TO SETBACKS, EASEMENTS AND RESTRICTIONS OF RECORD. UNDERGROUND FOOTER, STEM WALL, AND UNDERGROUND UTILITIES ARE NOT LOCATED OR w SHOWN. J cj DO NOT SCALE THIS PRINT. DIMENSIONS AND cn NOTES TAKE PREFERENCE. Attachment number 3 Page 9 of 10 I I I I I I I B L 01 C K 4 I I I I I I I LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 I LOT 6 N 00'00'00" E 16.00' 1 S 00'00"00" W I 16.00' N 90°00'00" E 16.50' C L O S E D A L L E Y S 90'00'00° W 164.50' POINT OF BEGINNING ),I LOT 12 LOT 11 LOT 10 LOT 9 LOT 8 LOT 7 B L 0?C K 4 I I I I I I I I DESCRIPTION: EXHIBIT "A" A PORTION OF LAND LYING SOUTH OF LOTS 1 THROUGH 3, AND THE WESTERLY 14.00 FEET OF LOT 4, BLOCK 4, AND NORTH OF THE WESTERLY 14.00 FEET OF LOT 9, AND LOTS 10 THROUGH 12, BLOCK 4 MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION", AS RECORDED IN PLAT BOOK 9, PAGE 43, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHWEST CORNER OF LOT 12, BLOCK 4, OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" ALSO BEING THE POINT OF BEGINNING, THENCE N 00'00'00" E A DISTANCE OF 16.00 FEET TO THE SOUTHWEST CORNER OF LOT 1 BLOCK 4, THENCE N 90'00'00" E ALONG THE SOUTHERLY BOUNDARY LINE FOR LOTS 1 THROUGH 3 AND THE WESTERLY 14.00 FEET OF LOT 4 BLOCK 4 A DISTANCE OF 164.50 FEET TO THE SOUTHEAST CORNER OF THE WESTERLY 14.00 FEET OF LOT 4 BLOCK 4, THENCE S 00°00'00" W A DISTANCE OF 16.00 FEET TO A POINT ALONG THE SOUTHERLY RIGHT OF WAY LINE FOR A 16.00 FOOT PLATTED ALLEY 14.00 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 9 BLOCK 4, THENCE S 90'00'00" W ALONG THE NORTHERLY BOUNDARY LINE OF WEST 14.00 FEET OF LOT 9 AND LOTS 10 THROUGH 12 BLOCK 4 A DISTANCE OF 164.50 FEET TO NORTHWEST CORNER OF LOT 12 BLOCK 4, MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" ALSO BEING THE POINT OF BEGINNING. AREA CONTAINING t 2632.04 SQUARE FEET o; Q J lV Z ? Q OJ Q W APPARENT FLOOD HAZARD ZONE: "X" COMMUNITY PANEL NO. 12103C 0129 G EFFECTIVE DATE: 9/3/03 1 LEGEND: (C)= CALCULATED DATA, (D)= DESCRIBED, (M)= MEASURED DATA, (P)= PLAT DATA, q= CENTERLINE, A/C= AIR CONDITIONER, B/C= BACK OF CURB, C/S= CONCRETE SLAB, CH= CHORD, CHB= CHORD BEARING, CLF= CHAIN LINK FENCE, CONC= CONCRETE, COV.= COVERED, E/P= EDGE OF PAVEMENT, ESM'T= EASEMENT, F/C= FENCE CORNER, FCM= FOUND CONCRETE MONUMENT, FIP= FOUND IRON PIPE, FIR= FOUND IRON ROD, FN&D= FOUND NAIL & DISK, FPP= FOUND PINCHED PIPE, LFE= LOWEST FLOOR ELEVATION, MAS.= MASONRY, OR= OFFICIAL RECORD BOOK, PB= PLAT BOOK, PCP= PERMANENT CONTROL POINT, PRM= PERMANENT REFERENCE MONUMENT, R/W= RIGHT OF WAY, R= RADIUS, SIR=SET 1/2" IRON ROD & CAP No. 4493, SN&D= SET NAIL & DISK, TBM= TEMPORARY BENCHMARK, JOHN R. BEACH & ASSOCIATES, INC. I Drawn By: JIBS SURVEYORS AND MAPPERS Checked By: 911 WEST ST. PETERSBURG DRIVE ,.. V I R G I N I A A V E N U E 60.00' N 90'00'00" E MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. ALSO SUBJECT TO SETBACKS, EASEMENTS AND RESTRICTIONS OF RECORD. UNDERGROUND FOOTER, STEM WALL, AND UNDERGROUND UTILITIES ARE NOT LOCATED OR w SHOWN. J cj DO NOT SCALE THIS PRINT. DIMENSIONS AND cn NOTES TAKE PREFERENCE. Attachment number 3 Page 10 of 10 O ? W ? w ? .-..- 16' C L O S E D ALLEY z Q Q w z J 16' C L O S E D A L L E Y O Q ? J 3 O N J N O 1 Q w O w = Q m w O J = 7 O O C! 3 Z ? O O O J Q Q J 00 o w H O C9 w O Z U w Q Z N N z' W Q g U w LOT 7 LOT 10 B L n r K 1 g B L O C K 2 POINT OF BEGINNING N 90'0 00" W 60.00' K E N T U C K Y A V E N U E (60' PLA ED R \ W) B L CSC K 4 LOT t B L O C K 3 DESCRIPTION: EXHIBIT "A" A PORTION OF LAND LYING BETWEEN OF BLOCK 1, AND BLOCK 2 MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION", AS RECORDED IN PLAT BOOK 9, PAGE 43, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT A POINT ALONG THE WESTERLY RIGHT-OF-WAY LINE OF MEADOWLARK LANE (FIELD), MICHIGAN BOULEVARD (PLAT) AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF KENTUCKY AVENUE ALSO BEING THE SOUTHEAST CORNER OF LOT 7, BLOCK 1, OF SAID MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" ALSO BEING THE POINT OF BEGINNING, THENCE N 00'00'00" E A DISTANCE OF 270.75' FEET ALONG THE WESTERLY RIGHT-OF-WAY OF SAID MEADOWLARK LANE (FIELD) MICHIGAN BOULEVARD (PLAT) TO A POINT ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF VIRGINIA AVENUE ALSO BEING THE NORTHEAST CORNER OF LOT 6, BLOCK 1, THENCE N 90'00'00" E ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID VIRGINIA AVENUE A DISTANCE OF 60.00 FEET, TO A POINT ALONG THE EASTERLY RIGHT-OF-WAY OF SAID MEADOWLARK LANE (FIELD), MICHIGAN BOULEVARD (PLAT) ALSO BEING THE NORTHWEST CORNER OF LOT 1, BLOCK 3; THENCE S 00°00'00" W ALONG THE EASTERLY RIGHT-OF-WAY OF SAID MEADOWLARK LANE (FIELD), MICHIGAN BOULEVARD (PLAT) A DISTANCE OF 270.75 FEET TO A POINT ALONG THE SOUTHERLY RIGHT-OF-WAY OF SAID KENTUCKY AVENUE ALSO BEING THE SOUTHWEST CORNER OF LOT 10, BLOCK 2; THENCE S 90'00'00" W ALONG THE NORTHERLY RIGHT-OF-WAY OF SAID KENTUCKY AVENUE A DISTANCE OF 60.00 FEET TO SOUTHEAST CORNER OF LOT 7 BLOCK 1, ALSO BEING THE POINT OF BEGINNING MAP OR PLAT ENTITLED "BAY VIEW CITY SUBDIVISION" . AREA CONTAINING t 16245.00 SQUARE FEET APPARENT FLOOD HAZARD ZONE: "X" COMMUNITY PANEL NO. 12103C 0129 G EFFECTIVE DATE: 9/3/03 1 LEGEND: (C)= CALCULATED DATA, (D)= DESCRIBED, (M)= MEASURED DATA, (P)= PLAT DATA, q= CENTERLINE, A/C= AIR CONDITIONER, B/C= BACK OF CURB, C/S= CONCRETE SLAB, CH= CHORD, CHB= CHORD BEARING, CLF= CHAIN LINK FENCE, CONC= CONCRETE, COV.= COVERED, E/P= EDGE OF PAVEMENT, ESM'T= EASEMENT, F/C= FENCE CORNER, FCM= FOUND CONCRETE MONUMENT, FIP= FOUND IRON PIPE, FIR= FOUND IRON ROD, FN&D= FOUND NAIL & DISK, FPP= FOUND PINCHED PIPE, LFE= LOWEST FLOOR ELEVATION, MAS.= MASONRY, OR= OFFICIAL RECORD BOOK, PB= PLAT BOOK, PCP= PERMANENT CONTROL POINT, PRM= PERMANENT REFERENCE MONUMENT, R/W= RIGHT OF WAY, R= RADIUS, SIR=SET 1/2" IRON ROD & CAP No. 4493, SN&D= SET NAIL & DISK, TBM= TEMPORARY BENCHMARK, JOHN R. BEACH & ASSOCIATES, INC. I Drawn By: JIBS SURVEYORS AND MAPPERS Checked By: 911 WEST ST. PETERSBURG DRIVE ,.. ?- Meeting Date:6/3/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Continue to June 17, 2010 approval of the applicants request to vacate alleys and portions of the street rights-of-ways of Virginia Avenue, Eastwood Drive, Meadowlark Lane, Kentucky Avenue and Bay Street (aka 110 North McMullen Booth Road)as more particularly described in the ordinance and pass Ordinance 8169-10 on second reading, (VAC2010-01 First Baptist Church of Clearwater, Inc.). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 6 ?- Meeting Date:6/3/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8157-10 on second reading, making amendments to Beach By Design: A Preliminary Design for Clearwater Beach and Design Guidelines by amending Section VII, Design Guidelines and Subsection D, Setbacks. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 4 ORDINANCE NO. 8157-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY AMENDING SECTION VII. DESIGN GUIDELINES: BEACH BY DESIGN: DESIGN OBJECTIVES AND SUBSECTION D. SETBACKS, ESTABLISHING BUILDING STEPBACKS FOR OVERNIGHT ACCOMMODATION USES BEING ALLOCATED ADDITIONAL DENSITY VIA THE HOTEL DENSITY RESERVE ALONG CORONADO DRIVE; AND MAKING MINOR EDITORIAL CHANGES; PROVIDING THAT SAID PROVISIONS SUPPLEMENT THE CLEARWATER COMMUNITY DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the economic health of the City overall and the City desires to support the tourism industry; and WHEREAS, the City of Clearwater established the hotel density reserve in Beach by Design to incentivize hotel development on Clearwater Beach; and WHEREAS, site conditions on Coronado Drive call for special regulations for properties using the hotel density reserve in order to minimize building mass along the Coronado Drive frontage and make development compatible with human scale; and WHEREAS, the proposed amendments to Beach by Design have been submitted to the Community Development Board acting as the Local Planning Authority (LPA) for the City of Clearwater; and WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly noticed public hearing and found that amendments to Beach by Design are consistent with the Clearwater Comprehensive Plan; and WHEREAS, Beach by Design was originally adopted on February 15, 2001, and subsequently amended, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Beach by Design. A Preliminary Design for Clearwater Beach and Design Guidelines, Section VII. Design Guidelines, Beach by Design. Design Objectives, is amended as follows: Ordinance No.IWff-#c.P Attachment number 1 Page 2 of 4 The design guidelines are intended to address and promote the following principles and are intended to be administered in a flexible manner to achieve the highest quality built environment for Clearwater Beach. They are not intended to serve as regulations requiring specific relief except with regard to building height and spacing between buildings exceeding 100 feet in height and stepbacks for buildings located along Coronado Drive. Section 2. Beach by Design. A Preliminary Design for Clearwater Beach and Design Guidelines, Section VII Design Guidelines, Subsection D. Setbacks, is amended as follows: D. Setbacks and Stepbacks 1. Rights-of-way. The area between the building and the edge of the pavement as existing and planned should be sufficiently wide to create a pedestrian-friendly environment. The distances from structures to the edge of the right-of-way should be: a. Fifteen feet (16) along arterials, and b. Twelve feet (12') along local streets. A ten foot (10') pedestrian path is key to establishing a pedestrian-friendly place in the nonresidential environment. Accordingly, arcades may be constructed in the public space, but may not narrow the pedestrian path to less than ten feet (10'). Decorative awnings and arcades and public balconies may extend into the public space, and even into the right-of-way (provided they do not obstruct vehicular traffic). Outdoor cafe tables are also permitted in the public space, subject to the requirements in Section H, Sidewalksa. 2. Side and Rear Setbacks. Except for the setbacks set forth above, no side or rear setback lines are recommended, except as may be required to comply with the City's Fire Code. 3. Coronado Drive Setbacks and Stepbacks. To reduce upper story massing along the street and ensure a human scale street environment, buildings with frontage along Coronado Drive shall be constructed in accordance with the following: a. Buildings constructed with a front setback of fifteen feet (15') or more shall stepback with a minimum depth of fifteen feet (15') from the setback line at a height not more than twenty-five feet (25). b. Buildinas constructed with a front setback areater than or eaual to ten feet (10') and less than fifteen feet (15) shall stepback at a height not more than twenty feet (20'). The required stepback/ setback ratio is one and one-half feet (15) for every one foot (1') reduction in setback in addition to the minimum stepback of fifteen feet (15). 2 Ordinance No. 8157-10 Item # 7 Attachment number 1 Page 3 of 4 C. Buildinas constructed with a front setback of less than ten feet (10') shall provide a building stepback at a height not more than fifteen feet (15'). The required stepback/ setback ratio is two and one-half feet (25) for every one foot (1') reduction in setback in addition to the minimum stepback of fifteen feet (15'). d. To achieve upper story facade variety and articulation, additional stepbacks may be required. To avoid a monotonous streetscape, a building shall not replicate the stepback configuration of the a4aGeRt abutting buildings as well as those O^^', ,ding thdirectly across any street righta-of-way. Application of stepback standard Examples of fagade design e. Required stepbacks shall span a minimum of 75% of the building frontage width. Street The entire fagade stepped back horizontally 75% of the fagade stepped back horizontally Section 3. This ordinance shall become effective when the Department of Community Affairs (DCA) issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the Ordinance No. 8157-10 Item # 7 ENCOURAGED #I ENCOURAGED #2 PROHIBITED REQUIRED Attachment number 1 Page 4 of 4 adopted amendments to be in compliance, in accordance with Section 163.3184, 163.3187, or 163.3189, F.S., as amended. Section 4. The City Manager or designee shall forward said plan to any agency required by law or rule to review or approve same; and Section 5. It is the intention of the City Council that this ordinance and plan and every provision thereof, shall be considered severable; and the invalidity of any section or provision of this ordinance shall not affect the validity of any other provision of this ordinance and plan; and Section 6. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor-Councilmember Approved as to form: Attest: Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk 4 Ordinance No. 8157-10 Item # 7 ?- Meeting Date:6/3/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8163-10 on second reading, annexing certain real property whose post office address is 2552 Arbelia Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 8 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8163-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ARBELIA STREET AND THE EAST SIDE OF LAWSON ROAD APPROXIMATELY 435 FEET WEST OF US HIGHWAY 19 NORTH, CONSISTING OF A PORTION OF LOT 9, BLACKBURN'S SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2552 ARBELIA STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has 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: The west 124 feet of the north 97 feet of Lot 9, Blackburn's Subdivision as recorded in Plat Book 024, Page 062, Pinellas County, Florida (ANX2010-02002) 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 Item # 8 Ordinance No. 8163-10 ?- Meeting Date:6/3/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8164-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2552 Arbelia Street, upon annexation into the City of Clearwater, as Residential/Office/Retail (R/O/R). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8164-10 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 ARBELIA STREET AND THE EAST SIDE OF LAWSON ROAD APPROXIMATELY 435 FEET WEST OF US HIGHWAY 19 NORTH, CONSISTING OF A PORTION OF LOT 9, BLACKBURN'S SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2552 ARBELIA STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL/OFFICE/RETAIL (R/O/R); 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 The west 124 feet of the north 97 feet of Lot 9, Residential/Office/Retail Blackburn's Subdivision as recorded in Plat Book 024, (R/O/R) Page 062, Pinellas County, Florida (ANX2010-02002) 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. 8163-10. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 9 Ordinance No. 8164-10 ?- Meeting Date:6/3/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8165-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2552 Arbelia Street, upon annexation into the City of Clearwater, as Medium Density Residential (MDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 10 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8165-10 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 ARBELIA STREET AND THE EAST SIDE OF LAWSON ROAD APPROXIMATELY 435 FEET WEST OF US HIGHWAY 19 NORTH, CONSISTING OF A PORTION OF LOT 9, BLACKBURN'S SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2552 ARBELIA STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as 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 The west 124 feet of the north 97 feet of Lot 9, Medium Density Residential Blackburn's Subdivision as recorded in Plat Book 024, (MDR) Page 062, Pinellas County, Florida (ANX2010-02002) 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. 8163-10. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 10 Ordinance No. 8165-10 ?- Meeting Date:6/3/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8171-10 on second reading, annexing certain real property whose post office address is 1335 and 1337 South Missouri Avenue, together with the abutting right-of-way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 11 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8171-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF SOUTH MISSOURI AVENUE APPROXIMATELY 390 FEET SOUTH OF LAKEVIEW ROAD, CONSISTING OF LOT 6 AND LOT 7, LESS THE WEST TEN FEET THEREOF OF MISSOURI HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1335 AND 1337 SOUTH MISSOURI AVENUE, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY, 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 6, Missouri Heights Subdivision and Lot 7, less the west 10 feet, thereof, Missouri Heights Subdivision, Plat Book 30, Page 26, Public Records of Pinellas County, Florida, together with the abutting right-of-way (ANX2010-03003) 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 Item # 11 Assistant City Attorney City Clerk Ordinance No. 8171 -10 ?- Meeting Date:6/3/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8172-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1335 and 1337 South Missouri Avenue, together with the abutting right-of-way, as Commercial General (CG). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8172-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF SOUTH MISSOURI AVENUE APPROXIMATELY 390 FEET SOUTH OF LAKEVIEW ROAD, CONSISTING OF LOT 6 AND LOT 7, LESS THE WEST TEN FEET THEREOF OF MISSOURI HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1335 AND 1337 SOUTH MISSOURI AVENUE, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS COMMERCIAL GENERAL (CG); 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 6, Missouri Heights Subdivision and Lot 7, less Commercial General (CG) the west 10 feet, thereof, Missouri Heights Subdivision, Plat Book 30, Page 26, Public Records of Pinellas County, Florida, together with the abutting right-of-way (ANX2010-03003) 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. 8171-10. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 12 Ordinance No. 8172-10 ?- Meeting Date:6/3/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8173-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1335 and 1337 South Missouri Avenue, together with the abutting right-of-way, as Commercial (C). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 13 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8173-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF SOUTH MISSOURI AVENUE APPROXIMATELY 390 FEET SOUTH OF LAKEVIEW ROAD, CONSISTING OF LOT 6 AND LOT 7, LESS THE WEST TEN FEET THEREOF OF MISSOURI HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1335 AND 1337 SOUTH MISSOURI AVENUE, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS COMMERCIAL (C); 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 6, Missouri Heights Subdivision and Lot 7, less Commercial (C) the west 10 feet, thereof, Missouri Heights Subdivision, Plat Book 30, Page 26, Public Records of Pinellas County, Florida, together with the abutting right-of-way (ANX2010-03003) 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. 8171-10. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 13 Ordinance No. 8173-10 City Council Agenda Council Chambers - City Hall Meeting Date:6/3/2010 SUBJECT / RECOMMENDATION: Authorize the release of a Request for Proposals for the Development of an Economic Development Strategic Plan for the City of Clearwater. (consent) SUMMARY: Over the last decade, the City of Clearwater's economic development priorities have focused primarily on the redevelopment of downtown and the beach. While significant progress has been made, the economic downturn has crystallized the need to broaden the City's economic development focus and begin to address citywide needs for tax base expansion and job development in the more traditional mode of economic development. In February 2009, staff presented to the City Council the need for a citywide economic development strategic plan to address these concerns and make the development of this plan a priority work program item for the department. Over the last year, staff has conducted research as to the best way to plan for long-term, citywide economic development and has prepared a Request for Proposals (RFP) for this purpose. The RFP seeks a qualified economic development consultant firm to prepare a citywide Economic Development Strategic Plan that will provide a framework for increasing the City's tax base with the ultimate goal of sustaining and expanding the economic base in order to provide for a high quality of life for all residents. Expansion of the tax base through economic development will have to be a part of the long-term response to revenue constrictions faced by the City if acceptable levels of service are to be maintained. The City must diversify this base, expanding from tourism, real estate and construction. It is envisioned the plan will set out a key set of strategies, with action items, that build upon the City's current economic asset base, identify how to overcome its challenges, facilitate the growth and expansion of existing industry and business sectors, and promote key redevelopment corridors as integral to the City's economic future. These activities will increase employment and position the City as a great place to live, learn, work, and play. The strategies developed will address both the needs and impediments for existing business, while defining methods for attracting and growing new business areas of opportunity. Identifying and maintaining a balance between the two is necessary in a "built- out" community like the City of Clearwater. The process will answer three main questions: Where is the City? (What is the current economic base?) 2. Which direction should the City go? (What are the opportunities for economic base expansion?) 3. How does the City get there? Developing a strategic plan in the current climate will allow the City to take advantage of the economic downturn, positioning the City to best respond to the recovery and maximizing the ability to capture investment. In addition, the Plan will dovetail with the recommendations of the Tampa Bay Partnership's Cluster Study and Workforce Analysis. As part of this initiative, the cluster study will analyze the seven county area and benchmark against competitor region's clusters. Once the study identifies the regional clusters, the Plan will determine how the City of Clearwater can support and take advantage of the study's recommendations. The proposed budget for this project is for a contract not to exceed $80,000. There is currently $35,000 available in the FY09-10 Economic Development Professional Services budget. The remaining $45,000 will come from the City Manager's Flexibility Fund in special program project 181-99804. Cover Memo Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Budget Adjustment: Annual Operating Cost: $80,000 Total Cost: to None Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 14 Attachment number 1 Page 1 of 13 Request For Proposals (RFP) #17-10 Development of an Economic Development Strategic Plan for the City of Clearwater The City of Clearwater is seeking proposals from qualified firms with extensive experience in developing economic development strategic plans. All submittals shall be addressed as specified below and received no later than the submittal due date, at which time all submittals will be opened and read as a matter of public record. The front of the envelope shall be marked "Request for Proposals for Development of an Economic Development Strategic Plan for the City of Clearwater". All submittals received after the closing date and time will be returned unopened. The City of Clearwater reserves the right to reject any and all submittals. Submittal Due Date: July 9, 2010 at 4:00 pm Submittals shall be delivered to: Physical Address: Purchasing Manager or Buyer City of Clearwater Municipal Services Building 100 S. Myrtle Avenue, 3rd Floor Clearwater, Florida 33756-5520 -or- P.O. Box 4748 Clearwater, FL 33758-4748 The RFP documents will be made available on June 4, 2010. City offices are open Monday through Friday, 8 a.m. to 5 p.m., excluding holidays. This RFP will be posted on the City's website at www.yclearwater.co/econev/ . Any questions regarding the RFP shall be directed in writing to: Mr. Michael Murray, Buyer City of Clearwater Finance Department P.O. Box 4748 Clearwater, FL 33758-4748 Telephone: (727) 562-4633 Fax: (727) 562-4635 Email: michael.murray@myclearwater.com Request for Proposals June 4, 2010 Development of an Economic Development Strategic Plan for the City of Clearwater Page 1 of 13 Item # 14 Attachment number 1 Page 2 of 13 Request for Proposals Development of an Economic Development Strategic Plan for the City of Clearwater 1.0 Introduction 1.1 Background The City of Clearwater is a coastal community in west central Florida. The City is the third largest in the Tampa Bay region, with an estimated 2009 population of 109,907 (108,787 in 2000). The City's 25.9- square mile incorporated area spans the Pinellas County peninsula between the Gulf of Mexico and Tampa Bay. The City is considered "built-out" so new development is predominantly in the form of redevelopment and infill development. As the county seat, the City supports a variety of government offices in the downtown central business district. Several large and small-scale events are held in downtown throughout the year which draws tens of thousands of visitors. Clearwater Beach is an international tourist destination that brings millions of tourists to Pinellas County annually. While tourism is the City's largest industry, Clearwater is also home to a wide range of other industries including computer components, aircraft technology, surgical instruments, data communication and health care. Clearwater is also a top location for national tournament play and training activities for youth, collegiate and adult sports. Most notable of these is the City's partnership with Major League Baseball's Philadelphia Phillies, who have spring training and a minor league team in the City. Over the last decade, 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 completed. Activities in this area will continue into the future to build upon the gains made to date and ensure the City receives the "return on investment" sought by our efforts. Given recent economic challenges, the City has 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. For effective economic development that increases the number of high quality jobs, revenues and tax base, Clearwater needs to assess its current situation and chart a path of where it wants to go and how to get there. It must define the direction it needs to go with its future investments that serve to create value for the City and its residents. Clearwater needs a strategy for addressing the economic development needs of the entire City to assure continued and enhanced economic health, tax base expansion, quality job creation and support for municipal services. The economic challenges facing the City and the economy of the region mandate the Request for Proposals June 4, 2010 Development of an Economic Development Strategic Plan for the City of Clearwater Page 2 of 13 Item # 14 Attachment number 1 Page 3 of 13 need to diversify and expand our economic base in order to assure the future prosperity of the City and its residents. Specifically, we need to address the pertinent challenges which the City faces including: 1. Limited availability of land - Few parcels of land are currently zoned and/or 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 state of Florida's Qualified Target Industry (QTI) Program and the Incumbent Worker Training (IWT) grants, are not targeting the full range of today's business needs. Additionally, the City is 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. For example, the City has had discussions with significant prospects 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. The City currently has neither the policy framework nor the incentive/assistance structure to respond effectively. Finally, as part of the Tampa Bay Partnership's (a regional economic development organization that represents seven counties) 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. 1.2 Purpose The City of Clearwater is seeking a qualified economic development consultant firm to prepare a citywide Economic Development Strategic Plan (EDSP). The EDSP will provide a framework to increase the City's tax base by enhancing the business climate and creating higher-paying jobs. The City's ultimate goal is to sustain and expand its economic base in order to provide for a high quality of life for all residents. Ideally, the plan will set out a key set of strategies, with action items, that build upon the City's current economic asset base, identify how to overcome its challenges, facilitate the growth and expansion of existing industry and business sectors, and promote key redevelopment corridors as integral to the City's economic future. These activities will increase employment and position the City as a great place to live, learn, work, and play. Request for Proposals June 4, 2010 Development of an Economic Development Strategic Plan for the City of Clearwater Page 3 of 13 Item # 14 Attachment number 1 Page 4 of 13 The strategies developed should address both the needs and impediments for existing business, while defining methods for attracting and growing new business areas of opportunity. Identifying and maintaining a balance between the two is necessary in a "built-out" community like the City of Clearwater. The EDSP process should answer three main questions: 1. Where are we? (What is our current economic base?) 2. Which direction should we go? (What are the opportunities for economic base expansion?) 3. How do we get there? In addition, the EDSP must dovetail with the recommendations of the Tampa Bay Partnership's Cluster Study and Workforce Analysis. As part of this initiative, the cluster study will analyze the seven county area and benchmark against competitor region's clusters. The TBP has received a grant from the federal government and began the study in May. Once the study identifies the regional clusters, the EDSP should identify how the City of Clearwater can support and take advantage of the study's recommendations. 2.0 Scope of Work 2.1 Economic Analysis "Where are we?" The Consultant will conduct an economic analysis of the City of Clearwater and its economic relationships to the surrounding Metropolitan Statistical Area (MSA). The purpose of this analysis will be to better understand Clearwater's economy in the context of the larger metro economy in order to identify unique opportunities for economic growth and diversification. During this phase of the study, the Consultant will review relevant previous economic studies, reports and other related information provided by the City of Clearwater. To the degree possible, City staff will make available local data requested by the Consultant, understanding that the Consultant may have better and more convenient sources of data than the City. The City will also provide information regarding its current economic development programs, staffing and budget. The City will provide a listing and general function of its local economic development partners including the Pinellas County Economic Development Department, WorkNet Pinellas, Visit St. Petersburg/Clearwater (Pinellas County Convention and Visitors Bureau), and the Tampa Bay Partnership. Deliverable: Local Economic Analysis Report-Produce a report containing a detailed analysis of the City of Clearwater's economic base including: • Analyze economic trends and determine their impact on Clearwater's future economic composition Request for Proposals June 4, 2010 Development of an Economic Development Strategic Plan for the City of Clearwater Page 4 of 13 Item # 14 Attachment number 1 Page 5 of 13 • Identify Clearwater's position within the greater area (County, State, MSA, Region, etc.), how the shared economies interact, and how each business sector contributes to the local economy • Identify industries by three-digit NAICS in the City that are: o Dominant and expected to grow o Dominant but waning due to industry/economic/technological or other trends or lack of infrastructure o Emerging and a good match; expected to grow o Currently non-existent but for which a good match exists • Compile a list of comparative advantages and disadvantages to similar, competitive markets 2.2 Economic Development Issues Identification and Prioritization "Which direction should we go?" The Consultant will design a process to determine more specifically what the business community views as key growth and economic development drivers or opportunities. Using the Economic Analysis as a starting point, the Consultant will facilitate an analysis of community strengths, weaknesses, opportunities and threats (SWOT) that may impact the City's economic future. Questions to be asked could include: What are the key economic drivers from the business perspective? How is the City's overall business climate? These focus groups, meetings and/or workshops with business leaders, and others as identified by the Consultant and staff, will use the SWOT analysis to develop and prioritize a list of guiding principles. Of primary importance will be the development and prioritization of those goals that can be accomplished over a three to five-year timeframe. It will also be useful to identify those goals that the City needs to track and address over a longer, ten-year timeframe. Every effort should be made during this process to create a balance between developing an atmosphere that encourages open dialogue and an agenda structure that frames clear examination of the economic development issues. The product of this task will be the identification and ranking of economic development issues and a set of guiding principles for the development of strategies to implement the desired goals. Deliverable: 1) SWOT Assessment • A prioritized listing of strategic issues developed by business and community leaders that can serve as the basis for formulating goals, objectives and strategies (SWOT Results). • Identify constraints and opportunities for economic development, e.g. housing supply, limited developable land, ease of commuting, infrastructure capacity, redevelopment and financing constraints, potential land value changes, business climate issues, etc. 2) Guiding Principles • A broad set of values and philosophies which will guide the creation and implementation of the goals, objectives and strategies developed in the EDSP. Request for Proposals June 4, 2010 Development of an Economic Development Strategic Plan for the City of Clearwater Page 5 of 13 Item # 14 Attachment number 1 Page 6 of 13 3) Primary Opportunity Areas • Identify no more than six targeted industries by three-digit NAICS directly linked to the findings of the economic analysis, the strengths and weaknesses assessment, and the Tampa Bay Partnership's Cluster Study. Prioritize and rank these industries, identifying which to focus economic development efforts on first. This list should act as the primary roadmap for the City future efforts in attracting new businesses as well as maintaining the businesses currently operating in the City. • Identify five physical locations as primary opportunities. 2.3 Strategic Plan "How do we get there?" The Consultant will identify economic development goals and objectives based on research, data analysis and community input. The Consultant will translate the goals and objectives into specific strategies, with actions and performance targets that are realistic and attainable. The plan developed should focus on those strategies and activities that have the greatest potential for creating jobs and increasing the tax base in the City of Clearwater. The plan should also focus on those broader economic development activities where the City can meaningfully influence the creation and retention of jobs and tax base. The Consultant will work with City staff to identify organizational responsibility for completing each strategy (including partners), funding requirements, overall impacts desired from the plan, and recommend an approach for evaluating and adjusting the plan during its useful life. The Consultant will present the completed EDSP to the City Council and participate in the presentation of the Plan to the community, as needed. Deliverable: Economic Development Strategic Plan (EDSP)-A completed EDSP ready for recommendation to the City Council. The Plan will include goals, objectives and strategies that assist the City in further diversifying its economy. The EDSP should address the following specific concerns: • Generate actionable ideas to identify and support "home grown" or local businesses and create strong tie-ins between the needs of large - medium businesses and the entrepreneurial activity of small businesses, and new business sectors identified in the SWOT analysis. • Identify areas in which increased collaboration would accrue economies of scale and benefit all parties and community partners that will help achieve strategic objectives. This could include key partnerships (government, private and non-profit) that will improve the success of the plan. Provide recommendations as to the appropriate level of involvement from each party of these collaborations. • Identify marketing strategies - what messages and campaigns ought to be implemented to inform and influence site selection decision makers and consultants to attract targeted Request for Proposals June 4, 2010 Development of an Economic Development Strategic Plan for the City of Clearwater Page 6 of 13 Item # 14 Attachment number 1 Page 7 of 13 industries. Who are some of the major decision makers and consultants in the respective targeted industries? What information should be posted on the City of Clearwater's website that will be most useful to corporate decision makers and national site selection consultants within each targeted industry? • Identify local incentive programs that will help attract new job growth in targeted industries. • Identify local incentive programs that will help retain existing jobs in targeted industries. • Identify changes in land use and/or zoning that could facilitate achievement of the desired economic development objectives in relationship to the identified target industries and potential locations. • Develop outcome measures to assess, monitor and improve the action strategies on an ongoing basis. 3.0 Proposal Requirements The consultant interested in responding to this RFP must provide the information on the firm's qualifications and experience, qualifications of the project team, project manager's experience, previous similar projects and references and approach to services. Submittals that do not respond completely to all requirements specified herein may be considered non-responsive and eliminated from the process. The City requests one original and five copies of the proposal are submitted. Please include the following information as part of the submittal. 3.1 Letter of Interest and Executive Summary Attach a letter of interest that explains your firm's interest in working on this project. Include an "Executive Summary" which explains your firm's qualifications and experience as they pertain to the Scope of Work/Deliverables. Also, include the names and titles of the persons who will be authorized to make representations for the firm. 3.2 Firm Overview Provide the following information regarding your firm. If the use of sub-consultants is proposed, similar information should be provided for each sub-consultant. • Brief history of the firm, including the year it was established • Names and curriculum vitae of the firm's principal(s). Indicate the amount of involvement the principal(s) will have under this assignment • Names and qualifications of individuals who would conduct the work described and an organizational chart • List of ongoing contracts/projects with their current status and projected termination dates • Most recent annual report 3.3 Relevant Experience and Past Performance Request for Proposals June 4, 2010 Development of an Economic Development Strategic Plan for the City of Clearwater Page 7 of 13 Item # 14 Attachment number 1 Page 8 of 13 Provide the following information regarding the firm's relevant experience: • Past Performance: Describe the firm's past performance and experience and the primary projects • Similar Assignments: Provide a detailed description of comparable projects (similar in scope of services to those requested herein) which the firm has either ongoing or completed within the past three years. Please specify whether each project is completed or ongoing. The description should identify for each project: (i) the client, (ii) description of work, (iii) duration of project, (iv) contact person and phone number for reference, and (v) the results/deliverables of the project • Provide relevant work samples 3.4 References Provide the name, address, telephone and email address for at least three references that would be capable of explaining and confirming your firm's capacity to successfully complete the scope of work outlined herein. References should be from the last five years. 3.5 Approach to Services Provide a narrative statement demonstrating an understanding of the overall intent of this RFP, as well as the methods used to complete assigned tasks. Identify any issues or concerns of significance that may be appropriate. Please include a timeframe for work to completed, preferably no more than six months. 3.6 Fee for Services Provide a fee for services and a copy of the firm's current billing rate schedule. 3.7 Project Budget/Compensation/Schedule The work will be performed on a fixed, not to exceed price basis for a defined number of consultant site visits, with provisions for change orders, costs for additional site visits and time extensions. The details of deliverables, project timetable and specific payment schedule will be determined during final contract negotiations and will be based upon the consultant proposal and the completion of identified tasks, including staff review and consultant revisions. 4.0 Submission information 4.1 Number of Copies and Proposal Delivery Information One signed original and five copies of the proposal submittal shall be delivered on or by 4:00 p.m. EST on Monday, July 9, 2010 to: Physical Address: Purchasing Manager or Buyer City of Clearwater Municipal Services Building Request for Proposals June 4, 2010 Development of an Economic Development Strategic Plan for the City of Clearwater Page 8 of 13 Item # 14 Attachment number 1 Page 9 of 13 100 S. Myrtle Avenue, 3rd Floor Clearwater, Florida 33756-5520 -or- P.O. Box 4748 Clearwater, FL 33758-4748 All submittals shall be addressed as specified above. The front of the envelope shall be marked "Request for Proposals for Development of an Economic Development Strategic Plan for the City of Clearwater." All submittals received after the closing date and time will be returned unopened. 4.2 Question and Answer Period All questions regarding this RFP must be submitted in writing and directed to the Purchasing Manager/Buyer no later than June 25, 2010. All questions and answers will be posted on the City's website at www.myclearwater.com/econdev/ according to the RFP schedule. Questions may be asked as follows: 1.) Email: michael.murray@myclearwater.com Fax: (727) 562-4635 3.) Mail or hand-deliver to the above address 5.0 Selection Process and Schedule 5.1 Evaluation/Selection An Evaluation/Selection Committee will be appointed and will first evaluate and rank responsive proposals on the criteria listed below. The maximum score per proposal is 100 points. Each Evaluation Committee member shall award up to 100 points per proposal. The final score will be an average (mean) of the scores awarded by all Evaluation Committee members. A Proposer may receive the maximum points or a portion of this score depending on the merit of its proposal as judged by the Evaluation/Selection Committee. The factors outlined below shall be applied to all eligible proposals. Additional evidence of unique skills or relevant experience also will be considered. All references will be subject to appropriate evaluation. Evaluation Criteria Points Team Qualifications and Experience Including facilitation/outreach, trends analysis, etc. 35 Project Approach 35 Quality of previous performance/references 20 Cost Proposal 10 TOTAL 100 Request for Proposals June 4, 2010 Development of an Economic Development Strategic Plan for the City of Clearwater Page 9 of 13 Item # 14 Attachment number 1 Page 10 of 13 Upon completion of the evaluation, rating and ranking, the Committee may choose to conduct oral presentation(s) with the Proposer(s) which the Evaluation/Selection Committee deems to warrant further consideration based on the best rated proposal providing the highest quality of service to the City. Upon completion of the oral presentation (s), the Committee will re-evaluate, re-rate and re-rank the Proposers remaining in consideration based upon the written documents submitted and any clarifications offered in the oral presentation. 5.2 RFP Estimated Timetable RFP Release Date Close of Question & Answer Period Responses Posted to Website Submittal Due Date Evaluation of Proposals Oral Presentations (if necessary) Selection Team Recommendation City Council Selection 6.0 Insurance 6.1 Liability Insurance June 4, 2010 June 25, 2010 July 2, 2010 July 9, 2010 July 12 - 23, 2010 July 26 - 30, 2010 August 2, 2010 August 18, 2010 The applicant shall furnish, pay for, and maintain during the life of the contract with the City the following liability coverage: • Comprehensive General Liability Insurance on an "occurrence" basis in an amount not less than $1,000,000 combined single-limit Bodily Injury Liability and Property Damage Liability; • Business Automobile Liability insurance in the amount of at least $1,000,000, providing Bodily Injury Liability and Property Damage Liability; • Workers' Compensation Insurance applicable to its employees for statutory coverage limits, and Employers' Liability with a $500,000 limit, which meets all applicable state and federal laws; and • Professional Liability/Malpractice/Errors or Omissions insurance, as appropriate for the type of business engaged in by the Vendor, shall be purchased and maintained by the Vendor with minimum limits of $1,000,000 per occurrence. 6.2 Additional Insured The City is to be specifically included as an additional insured on the Comprehensive General Liability and Business Automobile Liability policies referenced above. 6.3 Notice of Cancellation or Restriction Request for Proposals June 4, 2010 Development of an Economic Development Strategic Plan for the City of Clearwater Page 10 of 13 Item # 14 Attachment number 1 Page 11 of 13 All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. 6.4 Certificates of Insurance/Certified Copies of Policies The applicant shall provide the City with a certificate or certificates of insurance showing the existence of the coverage required by this RFP. The applicant will maintain this coverage with a current certificate or certificates of insurance throughout the term stated in the proposal. When specifically requested by the City in writing, the applicant will provide the City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies (if certified copies of policies are requested) shall be provided to the City whenever any policy is renewed, revised, or obtained from other insurers. The certificates and/or certified policies shall be sent or delivered to the City's Project Manager and addressed to: City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 6.5 Hold Harmless Provisions The applicant shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from the performance by the applicant, its employees, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. Applicant acknowledges that it is solely responsible for complying with the terms of this RFP. In addition, the applicant shall, at its expense, secure and provide to the City, prior to beginning performance under this RFP, insurance coverage as required in this RFP. Any party providing services or products to the City will be expected to enter to a written agreement, contract, or purchase order with the City that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance and insurance Any party providing services or products to the City will be expected requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any bidder or proposer of services and/or products to the City. 7.0 General Terms and Conditions The City, in its sole and absolute discretion, with or without cause, and without liability of any kind to any Consultant, reserves the right to: • Accept or reject any and/or all proposals, either in whole or in part, waive any informality, variance or irregularity, whether technical or substantial in nature, of any proposals. • Cancel this RFP at any time and/or take any action in the best interest of the City. The City decision in all matter shall be final. Request for Proposals June 4, 2010 Development of an Economic Development Strategic Plan for the City of Clearwater Page 11 of 13 Item # 14 Attachment number 1 Page 12 of 13 • Retain all proposals for official record purposes, including a copy of the selected Respondent proposal and supporting documentation, and/or use them in whatever manner is deemed appropriate. • Elect not to accept any request by any Consultant to correct errors or omissions in any information, calculations or competitive price(s) submitted once a proposal is received. • Investigate the financial capability, integrity, experience and quality of performance of each Consultant including all Principals. • Request an oral presentation from any Consultant. The City reserves the right to request any additional information from any Consultant. All Consultants responding to this RFP do so at their sole expense and risk. The City assumes no financial or other obligations to Consultants. The City will not be liable to any broker, consultant or other entity acting on behalf of any Consultant for any fee or payment relating directly or indirectly to the Consultant or their proposal. All proposals, correspondence and records made thereof, are public record and handled in compliance with applicable state and local laws. By offering a submission to the RFP, the Consultant certifies the responder has not divulged, discussed or compared his/her competitive proposal with other respondents and has not colluded with any respondent or parties to this competitive proposal whatsoever. All information furnished in this RFP solicitation was gathered from sources deemed reliable. No representation or warranty is made as to the accuracy or completeness of the information contained in this document. Prospective Consultants should independently verify all information. 8.0 Standard Requirements for "Request For Proposals" Right to Protest Any actual or prospective bidder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of his/her complaints by contacting the Purchasing Manager. No Corrections Once a competitive proposal is submitted, the City shall not accept any request by any proposer to correct errors or omissions in any calculations or competitive price submitted. Openness of Procurement Process Written competitive proposals, other submissions, correspondence, and all records made thereof, as well as negotiations conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 Request for Proposals June 4, 2010 Development of an Economic Development Strategic Plan for the City of Clearwater Page 12 of 13 Item # 14 Attachment number 1 Page 13 of 13 and 286 Florida Statutes. The City gives no assurance as to the confidentiality of any portion of any proposal once submitted. No Collusion By offering a submission to the RFP, the proposer certifies the proposer has not divulged to, discussed or compared his/her competitive proposal with other proposers and has not colluded with any other proposers or parties to this competitive proposal whatsoever. Informality Waiver/Rejection of Bids The City reserves the right to reject any or all responses and to waive any irregularity, variance, or informality whether technical or substantial in nature, in keeping with the best interests of the City. Appropriations Clause The City, as an entity of government, is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this contract for each and every fiscal year in which this contract is executed and entered into and for which this contract shall remain in effect. Upon notice that sufficient funds are not available in the subsequent fiscal years, the City shall thereafter be released of all terms and other conditions. Request for Proposals June 4, 2010 Development of an Economic Development Strategic Plan for the City of Clearwater Page 13 of 13 Item # 14 ?- Meeting Date:6/3/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an extension to the existing banking services contract with the Bank of America, NA for a not-to-exceed amount of $600,000 for the 5 year period from October 1, 2010 to September 30, 2015 and authorize the appropriate officials to execute same. (consent) SUMMARY: In 2005, the City went out for a RFP for banking services. The Bank of America won the RFP and was awarded a five year contract. The contract expires September 30th of this year. The Bank of America has offered to extend the contract at the same prices for another five years. Monthly fees vary based upon the number of transactions in the month (checks processed, deposits made, etc.), and range from $6,000 to $10,000 monthly. The not to exceed amount of $600,000 was calculated based on fees of $10,000 per month. The City is limited on the financial institutions that can be used because of the coins for the parking meters. Due to the volume of coins we process, the city needs the services of a coin/cash vault. The Bank of America, SunTrust and Wachovia are the only financial institutions in the Tampa Bay area with cash/coin vaults. Staff has researched the monthly fees for banking services for the Bank of America, SunTrust and Wachovia and has found they are very similar. The difference between the three institutions becomes the level of service the city would receive from them. Because of the location of the Bank of America's downtown Clearwater branch and the size of its vault, the Bank of America can best meet the City's cash and coin needs. Given the close proximity of the service charges of the three financial institutions, the cost associated with changing financial institutions must be taken into consideration. Based upon experiences of other governments and estimates staff received, the cost to change financial institutions is about $46,500 and 230 hours of staff time. Not only do all the deposit tickets and other supplies such at deposit stamps, etc. need to be changed, but the software for the City's financial system would also need to be changed to comply with the new banking software. In addition, all institutions that currently wire transfer funds to the City would need to be notified of the new bank account. All of the banking software would need to be changed as well including the software used for doing wire transfers, direct deposits, tax payments, and investments and staff would need to be trained. The City also has a unique arrangement with the Bank of America in the event of a disaster that the other two financial institutions cannot meet. Based upon the above considerations, the Bank of America has the best combination of cost combined with the level of services that best meets the City's needs. Appropriation Code Amount Appropriation Comment 0699-07400-530100-585-000-000 $600,000 consolidated cash pool Review 1) Financial Services 2) Financial Services 3) Financial Services 4) Office of Management and Approval: Budget 5) Legal 6) Clerk 7) Assistant City Manager 8) Clerk 9) City Manager 10) Clerk Cover Memo Item # 15 Attachment number 1 Page 1 of 2 Agreement for Government Banking Services This Agreement for Government Banking Services (the "Agreement") is made as of this 3rd day of June, 2010, between City of Clearwater (the "Client") and Bank of America, N.A., a national banking association. WHEREAS, Client issued a Request for Proposal ("RFP") more fully identified below, for providing banking services identified in the RFP (the "Services"): RFP # 27-05, dated May 2, 2005; and WHEREAS, the Bank was the successful bidder under the RFP, having submitted its bid response dated June 1, 2005 (the "Bid Response"); and WHEREAS, the parties wish to enter into this Agreement for the purpose of specifying the term and constituent documents of the agreement between Client and Bank regarding the Services; NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the parties hereby agree as follows: Integrated Agreement. The entire and integrated agreement between Client and Bank related to the Services shall consist of this Agreement, Bank's Treasury Terms and Conditions Booklet in connection with the Services (including their respective user documentation and set-up forms), Bank's Bid Response and Client's RFP as modified by the Bid Response. In the event of conflict among any of the preceding documents, such documents shall govern in the following order of precedence: (1) this Agreement, (2) Bank's Treasury Terms and Conditions Booklet (including user documentation and set-up forms), (3) the Bid Response and (4) the RFP. The integrated agreement supersedes all prior negotiations, representations, statements and agreements, whether written or oral, regarding the Services. 2. Commencement of Performance. Except as otherwise agreed by the parties, Bank shall begin performing each Service upon execution and delivery of this Agreement, the pertinent service-level agreement and the related set-up forms. Bank shall continue to perform such Services during the term of this Agreement. Term. This Agreement is for an initial term of five (5) years commencing October 1, 2010. The Agreement may be extended by mutual consent of the parties as set forth in the RFP. Item # 15 Attachment number 1 Page 2 of 2 4. Notices. Except as may otherwise be specified in the applicable service-level agreement or set-up form, notices to Client and Bank shall be sent to the addresses set forth below: Client: Finance Department City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Bank: Bank of America 101 E. Kennedy Boulevard Tampa, Florida 33602 Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party. In witness whereof, the parties have executed this Agreement as of the date first written above. CITY OF CLEARWATER [Client Name] By: [Signature] Name: [Type or Print] Title: [Type or Print] BANK OF AMERICA, N.A. ,. By. [Signature] Name: Sherry Burd [Type or Print] Title: Senior Vice President [Type or Print] By [Signature] Name: [Type or Print] Title: [Type or Print] By: [Signature] Name: Glenna Thompson [Type or Print] Title: Vice President [Type or Print] 2 Item # 15 City Council Agenda Council Chambers - City Hall Meeting Date:6/3/2010 SUBJECT / RECOMMENDATION: Approve $57,500.00 settlement of the liability claim of Maria and Scott Chambers and authorize the appropriate officials to execute same. (consent) SUMMARY: On June 4, 2008, Maria Chambers was involved in an automobile accident with a City truck. Mrs. Chambers suffered bodily injury and property damage. Mrs. Chambers suffered injuries to her back and neck, and treatment for these injuries is continuing. Mrs. Chamber's medical bills total $14,595.00. Property damage of $11,935.76 has been previously paid to her insurance carrier. Mrs. Chambers and her attorney have agreed to accept $57,500.00 in final settlement contingent upon approval by the City Council. The City's limit of liability as provided by Section 768.28, Florida Statutes is $100,000. The City's Risk Management Division and City's Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Budget Adjustment: None Annual Operating Cost: Total Cost: $57,500 $57,500 2009 to 2010 Appropriation Code Amount Appropriation Comment 590-07000-545900-519-000 $57,500 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 Item # 16 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:6/3/2010 Approve the Lease Agreement between the City and Powell Professional Center, LLLP, for the space designated as Suite 240, located in the commercial building known as the Powell Professional Center at 401 Corbett Street, Clearwater, for use by the City as an onsite medical clinic at a cost not-to-exceed $137,000 for the three year period beginning July 1, 2010 and ending June 30, 2013 and authorize the appropriate officials to execute same.(consent) SUMMARY: This is a lease agreement between the City and Powell Professional Center for a space to be used by the City as an onsite medical clinic for City employees, retirees, and their dependents covered under the City's medical insurance. The lease provides for the rental of a suite containing 2,677 rentable square feet. The term of the lease is three years, commencing the July 1, 2010 and ending on June 30, 2013. The agreement provides the option for the City to cancel the lease by providing two months written notice at any time after the first full lease year, without penalty, if the reason is the closing of the medical clinic or moving of the medical clinic into a City-owned property. Under the agreement, the landlord will be responsible for all common areas and utilities, including water, sewer, and normal trash collection. The City will be responsible for electric, telephone, and janitorial services within the unit, as well as any extraordinary waste handling such as biomedical waste. The initial rental rate is $16.00 per square foot, modified gross, with escalation set at 3% per year. This translates to a cost of $3,569.33 per month or $42,832.00 annually, plus a security deposit equal to one month rent the first year; $3,676.42 per month or $44,116.96 annually the second year; and $3,786.71 per month or $45,440.47 annually for the third year. Funding will come from project 181-99852, established as Employee Health Clinic, for the remainder of FY10 and all of FYI l costs. FY12 costs will be budgeted as part of the FY12 annual budget. Type: Lease Option Current Year Budget?: No Budget Adjustment Comments: Current Year Cost: $15,000 $137,000 for Not to Exceed: three-year agreement For Fiscal Year: to Budget Adjustment: Annual Operating Cost: Total Cost: Yes Appropriation Code Amount Appropriation Comment 181-99852 $57,500 Remainder of FYI 0 and all of FYI I 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 Item # 17 it110 Lrltllorl U&L.tj.l l.il? 1vv-n Uay UL 1°idy, LV.LV, UY d11U U?I.WCC11 rVWel Professional Center, LLLP, a Florida corporation, having an office at 6830 Central Avenue, Suite C, St. Petersburg, FL 33707 hereinafter called "Landlord", and City of Clearwater, called "Tenant". W I T N E S E T H: ARTICLE I - SPECIFIC TERMS Section 1.01 "Leased Premises" Attachment number 1 Page 1 of 19 Landlord leases to Tenant and Tenant rents from Landlord the premises (hereinafter called "Leased Premises") being the interior only of the space designated on the plan attached hereto as Exhibit "A" as Suite #240, containing approximately 2,677 rentable square feet ("RSF"). Leased Premises is part of a commercial building commonly known as Powell Professional Center, located at 401 Corbett Street, Clearwater, Pinellas County, Florida, hereinafter called "Entire Premises". As an appurtenance to Leased Premises, Landlord grants to Tenant the revocable nonexclusive license to use, in common with others entitled thereto, (as more specifically provided in Section 3.01) all portions of Entire Premises designated by Landlord from time to time as Common Facilities. Should Landlord revoke, for any reason, Tenant's nonexclusive license to use any portion of the Entire Premises which prevents or alters Tenant's use of the Leased Premises as contemplated hereunder, the Tenant may terminate this Lease in its entirety, in its sole discretion, and Tenant shall only be responsible for obligations which have accrued hereunder as of the termination date. Section 1.02 "Term" The Term of this Lease shall be three (3) years, commencing the 1st of July, 2010, and ending at noon on June 30, 2013, expressly subject to the provisions of Section 14.09 herein. Section 1.03 "Minimum Rent" The Minimum Rent payable under this Lease shall be $3,569.33 Dollars per month as provided in Section 2.01 and payable at the office of Landlord, together with any applicable State sales tax. Section 1.04 "Additional Rent" - "Cost of Operation" As Additional Rent, Tenant shall pay to Landlord Tenant's proportionate share of all costs of Operation of the Entire Premises in excess of the Base Cost per square foot for each calendar year, as provided in Sections 2.02 and 2.03. Section 1.05 "Proportionate Share" For all purposes of this Lease, Tenant's proportionate share shall be the ratio that the rentable area of Leased Premises (RSF) bears to the rentable area of Entire Premises (48,120 RSF) or 5.6%. Section 1.06 "Security" Landlord shall retain a one-time security deposit of $3,569.33, in addition to Minimum Rent. All security deposits are non-interest bearing. 111c 11 _a.7 GU L 1G_Ml 0G.7 .7 l1 GQ 11 l.lG u.7cU allU V 1. l_.u1.11G?.1 l -Y 1Gllall V a- -e-a- Executive, Medical, or General Business offices. Tenant, at Tenant's expense, shall comply with all applicable rules, regulations, ordinances and laws of governmental authorities having jurisdiction of the Leased Premises, but only insofar as compliance shall pertain to the conduct of Tenant's business. It shall be the responsibility of the Landlord, at Landlord's expense, to ensure that the Leased Premises, the Building, and any use, repairs, alterations, changes or additions to the Leased Premises or the Building, comply with all applicable laws, regulations, ordinances and rules, including but not limited to the Americans with Disabilities Act and the accessibility guidelines issued thereunder. In the eventageo ,r??d, 1 fails to make such alterations within sixty (60) days of the commencement of the Lease, Tenant shall have the option, but not the obligation, to make such alternations and deduct the expense of such alterations from the rent under the Lease. Section 1.08 "Notices" All notices or demands required or permitted to be given or served under this Lease shall be deemed to have been given or served only if in writing forwarded by registered or certified mail, postage prepaid, and addressed as follows: To Landlord at: Powell Professional Center, c/o Northstar Commercial Real Estate Services Inc., 6830 Central Avenue, Suite C, St. Petersburg, FL 33707 With Copy to: To Tenant at: City of Clearwater 112 South Osceola Avenue Clearwater, FL 33756 With Copy to: City of Clearwater Human Resources Department P.O. Box 4748 Clearwater, FL 33758 Such addresses may be changed by either Party by notice delivered as above provided to the other Party. If Landlord or any mortgagee shall so request of Tenant, Tenant shall send such mortgagee a copy of any notice thereafter sent to Landlord. Section 1.09 "Sales Tax" Tenant, as a municipality in accordance with 212.08(6) Fla. Stat., is exempt from the requirement to pay sales tax. ARTICLE II - RENT - COMMENCEMENT OF TERM Section 2.01 (A) "Minimum Rent" The Minimum Rent for each month of the term of this Lease in the amount set forth in Section 1.03 shall be payable by Tenant as therein set forth without prior demand and without set-off or deduction, unless specifically set forth herein, in advance to Powell Professional Center, LLLP, 6830 Central Avenue, Suite C, St. Petersburg, FL 33707 or at such other place as may be designated by Landlord from time to time. If the term of this Lease shall commence on a day other than the first day of a month, Tenant shall pay, upon the commencement date, a portion of the TA. ,... n --,+- .-, -- --.4- i,A ,-,- - +-+,, r+- •, I-Q 0 N ,ate,, YI?C; C k0'o1 V1 iuvIIL-iily 1 C111,Q1 iv the 10th day of the month. Base Rent Schedule Year 1 Jul 2010 - Jun 2011 Year 2 Jul 2011 - Jun 2012 Year 3 Jul 2012 - Jun 2013 (B) "Escalations" $ 3,569.33 per month $ 3,676.41 per month Attachment number 1 Page 3 of 19 $ 3,786.71 per month Commencing with the first anniversary of the Commencement Date, and each year thereafter (years 2 and 3) the base rent shall be adjusted by an increase of three percent (3%) of the prior year's base rent as reflected in the above rent schedule. Section 2.02 "Cost of Operation" The Tenant's share of Common Area cost of operations is included in the base rent by way of an eighteen (18%) per cent of the Common Area factor being applied to the USF to arrive at RSF. Usable areas are measured to the center of demising walls and the exterior of all other walls. The USF of the suite covered under the lease is 2269 square feet. Section 2.03 "Additional Rent" All sums payable under this Lease by Tenant, over and above Minimum Rent, ($ 3,569.33 per month with applicable increases as reflected in the Base Rent Schedule) whether or not specifically so denominated shall be deemed additional rent collectible as such, and payable in the same manner as Minimum Rent. Tenant's monthly rents may be increased to account for certain cost increases incurred by Landlord, such as increases in the building's real estate taxes, the building's insurance costs (excluding personal property), maintenance and repair costs, and utility costs. Cost increases shall be charged as additional rent to Tenant on a pro rata basis, determined by comparing the total amount of square footage leased by Tenant (2677 square feet) to the total amount of square footage in the Building, which is 48,120 square feet (or 5.6%) for the purposes of this calculation. The base year costs shall be determined on a annualized basis. Landlord shall submit a statement to Tenant within 30 days of the completion of the calendar year documenting said cost increases for that calendar year in a form acceptable to Tenant, or said costs can be reasonably estimated, if agreed to in writing by both parties, with any difference to be made up by the responsible party when the precise documentable numbers are certain, and Tenant shall pay such amounts within 30 days after receipt of the statement, if applicable. After termination of the Lease, Tenant will be asked to pay its proportionate amount of any Additional Rent as defined herein, prorated for each month of the then current calendar year. In no event shall the Additional Rent at the end of year one exceed five-percent (5,%) of the Minimum Rent. In no event shall each year's cost increases payable by Tenant exceed by more than 5% the previous year's cost increases paid by Tenant. WIIE-''LCVCL 1 11 1.111.7 lICC1.7G ulic -- u e__v - .. .- liable for the payment of any sum to Landlord, together with interest thereon, or wherever Tenant shall fail to pay any sum within ten (10) days of when due, such sum shall bear interest at a rate equal to sixteen percentage (16%) points per annum. Section 2.05 "Commencement of Term -.Landlord's Work" Notwithstanding the provisions of Section 1.02 to the contrary, the term of this Lease and Tenant's obligation to pay rent hereunder shall commence on the first day of the first month next following the empp A&a"Peoi of ten (10) days after Landlord delivers possession of Leased P n1Q,1e% to Tenant or on the date Tenant begins use and occupancy of Leased Premises, if earlier. ARTICLE III - COMMON FACILITIES AND SERVICES Section 3.01 "Common Facilities" The Common Facilities referred to in Section 1.01 of this Lease shall include all facilities including, without limitation, any landscaped areas, lobbies, courts, elevators, atria, hallways and other similar facilities in Entire Premises designated by Landlord for common or joint use of the occupants thereof, their employees, agents, tenants, customers and other invitees. The Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord may from time to time promulgate and enforce reasonable rules and regulations, uniformly applied, for the use of the Common Facilities, and build or place landscaping and other improvements thereon. Section 3.02 "License" The right of Tenant to use any of the Common Facilities is a revocable license. Landlord makes no representation as to the identity, type, size or number of other tenants. Should Landlord revoke, for any reason, Tenant's nonexclusive license to use any portion of the Entire Premises which prevents or alters Tenant's use of the Leased Premises as contemplated hereunder, Tenant may, at its option, terminate Lease in its entirety and Tenant shall only be responsible for obligations which have accrued as of the termination date. Section 3.03 "Landlord's Services" Provided that Tenant is not in default under any of the provisions of this Lease, beyond the expiration of any applicable grace period following notice of default, Landlord shall: (a) Provide elevator services, where applicable, on a twenty-four (24) hour basis from Monday through Sunday; (b) Furnish utilities, including electrical, heating and air conditioning to the Common Facilities from 8:00 a.m. during business days from Monday to Friday inclusive until 6:00 p.m.; (c) Clean or cause the Common Facilities to be kept clean, provided the same are kept in order by Tenant; (d) Furnish on the first floor or lobby of Entire Premises a directory of the names of the tenants thereof providing a Tenant such number of listings as may be in accordance with the regulations promulgated by Landlord from time to time with respect thereto, but not more than Tenant's proportionate share (as defined in Section (e) Unless due to Landlord's misconduct or negligence, Landlord shall not be liable to Tenant for the failure to provide any utilities or services either required or permitted to be supplied by Landlord under the terms of this Lease. However, Landlord agrees in the event of any suspension or failure of service to proceed with all due diligence to restore or cause the restoration of such service as soon as is reasonably practical under the circumstances. Notwithstanding the foregoing, should failure to provide utilities or services extend beyond seven (7) calendar days, Tenant's rent shall be credited on a pro-rated daily basis for each day the service or utili en?§*"f§' unavailable and offset against the following month's rent. (f) Landlord agrees to institute and enforce an employee parking plan that provides for areas of prescribed patient parking, employee parking, and physician parking. Tenant and its employees shall comply with the parking plan and reasonable modifications thereto as may be implemented by the Landlord from time to time. Section 3.04 "Tenant Services" Tenant shall provide separately metered electrical service used in the Leased Premises, including applicable deposits. Landlord will provide the installed electric meter. Tenant shall also provide telephone service. Extraordinary utilities such as cable television (if required) shall be provided by Tenant. Water, sewer and normal trash collection are provided by Landlord. Extraordinary, special or excessive trash collection, waste handling, biomedical waste, and waste disposal expense shall be provided and paid for by Tenant. ARTICLE IV - SIGNS, FIXTURES AND ALTERATIONS Section 4.01 "Signs" Tenant shall not place or erect any signs, decorative devices, awnings, canopies or other advertising matter visible from the exterior of the leased premises without the prior written consent of Landlord. Section 4.02 "Trade Fixtures" As mutually agreed, all trade fixtures installed by Tenant in the Leased Premises shall be the property of Tenant and shall be removed at the expiration or sooner termination of the term of this Lease or any renewal or extension thereof. Tenant shall promptly repair any damage to Leased Premises caused by such removal. If Tenant fails to remove any such trade fixtures upon expiration or sooner termination of the term of this Lease, such trade fixtures shall be deemed abandoned and shall become the property of Landlord. Any lighting fixtures, heating and air conditioning equipment, plumbing and electrical systems and fixtures and floor covering shall not be deemed to be trade fixtures whether installed by Tenant or by any other party and shall not be removed from Leased Premises but shall upon installation become the property of Landlord without any compensation to Tenant. Section 4.03 "Alterations" Tenant shall not make any changes, alterations, or improvements to Leased Premises or any part thereof without first obtaining the written consent of Landlord, which shall not be unreasonably withheld. In applying for such consent, Tenant shall submit to Landlord reasonable plans and specifications for the proposed work and an estimate of the anticipated T.- t II ----' -' - i ---------- _ ; 4- .. ..l_r:--L,l. + .. ? ?,, h ?ncont ltlltl t v v calk i a 1. I-- l y 1 1-1? --- -.... ---v.... v- .,.?- -- ... property of Landlord and shall remain upon the premises at the expiration or sooner termination of this Lease unless Landlord shall as a condition to the approval of same require that it have the option at the termination of this Lease to cause Tenant to restore Leased Premises to its condition prior to the making of such alternations or improvements, reasonable wear and tear and damage due to casualty are acceptable. Section 4.04 "Mechanic's Liens" Before performing or permitting the performance of any we 'M#4"' Leased Premises as permitted under any provision of this Lease or otherwise by Landlord, Tenant shall, at its own cost and expense, take such steps as Landlord might reasonably require in order that no lien for labor or materials will be attached to the Leased Premises or Entire Premises as a result of such work. Tenant shall not permit any mechanics' or other lien or claim for lien or notice in respect thereto to be filed against the Leased Premises. If any such lien, notice or claim, be made or filed, Tenant shall within ten (10) days after notice of the filing thereof cause said lien, notice or claim for lien to be effectively removed and discharged of record; provided, however, that Tenant shall have the right to contest the amount or validity, in whole or in part, of any such lien, notice or claim by appropriate proceedings but in such event Tenant shall promptly bond such lien, notice or claim with a surety company satisfactory to Landlord and shall prosecute such proceedings with all due diligence and dispatch. If Tenant fails to so discharge such lien, notice or claim by paying the full amount thereof, or otherwise, and without any investigation or contest of the validity thereof, then Tenant shall pay to Landlord upon demand, as additional rent the outstanding lien amount actually paid by Landlord. ARTICLE V OCCUPANCY, MAINTENANCE, REPAIR AND SURRENDER OF LEASED PREMISES Section 5.01 "Occupancy Agreements" Tenant covenants that Tenant: (a) will not use the plumbing facilities for any other purpose than that for which they are constructed and will not permit any foreign substance of any kind to be thrown therein. The expense of repairing any breakage, stoppage, seepage or damage whether occurring on or off Leased Premises, resulting from a violation of this provision by Tenant or Tenant's employees, agents or invitees shall be born by Tenant; (b) will comply with all laws and ordinances and all rules and regulations of governmental authorities and all recommendations of the Association of Fire Underwriters with respect to the use or occupancy of Leased Premises by Tenant; (c) agrees that Landlord may amend, modify, additional reasonable rules and regulations of the use and care of the Leased Premises, as regulations do not alter the Tenant's use inception of this Lease, the Entire Premises a as defined in this Lease; delete or add new and uniform application for long as said rules and is contemplated at the .d the Common Facilities (d) will comply with all such further rules and regulations upon prior written notice to Tenant from Landlord; suppliea oy Lanalora or normal orrice lignting ana electric otrice equipment at the commencement of the term of this Lease. If Tenant shall use or require additional electrical service, Tenant shall provide the same at its own cost and expense, but only in accordance with specifications approved by Landlord in writing; (f) will not use or operate any machinery, that in Landlord's reasonable opinion, is harmful to the Leased Premises or Entire Premises or disturbing to tenants occupying other parts of Entire Premises; Attachment number 1 Page 7 of 19 (g) will not place any weights in any portion of Entire Premises beyond the safe carrying capacity of the structure; (h) will not manufacture any commodity or prepare or dispense any food or beverages in Leased Premises, except for Tenant's own use; (i) will not remove or attempt to remove any of Tenant's goods or property from or out of the Leased Premises, other than in the ordinary course of business, in such a manner as to impair or affect Landlord's lien without first having paid Landlord all rent which may become due during the entire term of this Lease; (j) will not permit any odor, noise, sound, or vibration which may, in Landlord's reasonable judgment, in any way tend to impair the use of any part of the Entire Premises or interfere with the business or occupancy of any other Tenant, or make or permit any disturbance of any kind in the Entire Premises, or interfere in any way with any other tenants or those having business in the Entire Premises; (k) will not obstruct any sidewalks, halls, passageways, elevators or stairways in the Entire Premises or any part thereof, or use the same for any purpose other than ingress or egress to and from the Leased Premises; (1) will not bring in to or remove from Entire Premises any heavy or bulky object except with the aid of experienced movers or riggers approved in writing by Landlord and in accordance with the rules and regulations set forth by Landlord; (m) will not keep any animal in or about the Leased Premises; (n) will not use any part of Leased Premises as sleeping rooms or apartments; (o) will not place or operate or permit to be placed or operated any vending machines in Leased Premises; and (p) will not make any penetrations to the roof or common areas of the building in which the Leased Premises are located, without the advance written consent of Landlord, which may be withheld in the sole and absolute discretion of the Landlord. Section 5.02 "Surrender of Leased Premises" At the expiration of or sooner termination of the tenancy hereby created, Tenant shall peaceably surrender the Leased Premises in the same condition of cleanliness, repair and sightliness as the Leased Premises were in upon the commencement of business under this Lease, subject only to reasonable wear and tear and damage by casualty. At such time, Tenant shall surrender all keys for the Leased Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all JJciiviiii UIi_L7 ?UVv_IiaiiL_ the term of this Lease. Section 5.03 "Waste or Nuisance" Tenant shall not commit or suffer to be committed any waste upon the Leased Premises. Tenant shall not commit or suffer to be committed any nuisance or other act which may disturb the quiet enjoyment of any other tenant or occupant of Entire Premises. ARTICLE VI - INDEMNITY, INSURANCE AND WAIVER OF CLAIMS Attachment number 1 Page 8 of 19 Section 6.01 "Indemnity" Tenant shall indemnify and hold Landlord harmless from all claims for damages or injuries to property, and for any personal injury or loss of life in, upon or about the Premises caused by Tenant's negligence or inten- tional acts, unless Landlord's negligence or intentional acts caused such damage or injuries in which event Landlord shall indemnify and save Tenant harmless for such claims for damages or injuries. The indemnifying party shall be responsible for any attorney fees incurred by the indemnified party pursuant to this provision. Notwithstanding anything contained herein to the contrary, this indemnification provision shall not be construed as a waiver of any immunity to which City is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes, 2009. Furthermore, this provision is not intended to, nor shall be interpreted as, limiting or in any way affecting any defense City may have under § 768.28, Florida Statutes, 2009 or as consent to be sued by a third party. Section 6.02 "Insurance" Within 30 days and throughout the term of this Lease and any extensions thereof, and so long as Tenant or any party claiming under Tenant remains in possession of Leased Premises Tenant shall obtain, maintain and pay for comprehensive general liability insurance covering the Leased Premises, and the contractual liability of Tenant under this Lease in form and with insurers reasonably satisfactory to Landlord, and with a minimum limit of One Million ($1,000,000.00) Dollars for injury or death and Three Hundred Thousand ($300,000.00) Dollars for property damage, and for such other coverages as may be reasonably required by Landlord. All insurance policies required to be maintained by Tenant under this Lease shall be in insurance companies licensed to do business in the State of Florida, and shall name Landlord and its managing agent as Certificate Holders. Certificates of such insurance (showing payment of current premiums thereon) shall be delivered to Landlord a minimum of ten (10) days prior to the commencement of the term of this Lease with renewals thereof delivered to Landlord a minimum of ten (10) days prior to the expiration of any of such policies. If requested to do so, Tenant shall also provide Landlord with copies of the pertinent portions of all such policies. Each policy shall contain an agreement by the insurer that such policy shall not be canceled without thirty (30) days prior notice to Landlord by certified mail. If Tenant fails to deliver any of the certificates as required in this Lease, Landlord may terminate this Lease. However, Tenant may self- fund any risk provided for in this paragraph in lieu of purchasing insurance coverage therefore and provide documentation thereof. Landlord snap obtain ana Keep insurance III ait CULIV UIt I, q_-k4L1Ct1 t_v l.tic replacement value of all improvements located on or appurtenant to the Leased Premises and as may be required by any mortgagee of Entire Premises. If-there shall be any increase in premiums that may be charged during the term of this Lease on any insurance carried by Landlord on Entire Premises caused by Tenant or from any act or omission of Tenant, Tenant shall pay as additional rent hereunder the amount of such increased premiums. A schedule issued by the organization establishing the insurance rate on Entire Premises, showing the components of such rate, shall be conclusive evidence of the amount of such premiums. Attachment number 1 Page 9 of 19 Section 6.04 "Waiver of Claims" Unless due to the negligence or misconduct of Landlord, its agents and servants, Tenant waives all claims against Landlord, its agents and servants and agrees to indemnify and hold it and them harmless for loss of life, damage to person or property sustained by Tenant or any other occupant of Leased Premises or of any other part of Entire Premises or by its or their agents, servants and employees resulting directly or indirectly out of the condition of Leased Premises or Entire Premises or resulting from any accident or occurrence in or about Leased Premises or Entire Premises. All property belonging to Tenant or any occupant of Leased Premises or Entire Premises shall be thereon at the risk of Tenant or such other person only and Landlord shall not be liable for damage thereto or loss, theft or misappropriation thereof. Tenant shall be responsible for all goods or property of any third party left upon Leased Premises. ARTICLE VII - DAMAGE OR DESTRUCTION If any part of Leased Premises or of Entire Premises shall be damaged or destroyed by fire or other casualty, Tenant shall give prompt notice thereof to Landlord. If more than thirty (30%) per cent of the area of Leased Premises shall be rendered untenantable by such fire or other casualty then: (a) If Landlord does not commence to repair Leased Premises within thirty (30) days after the occurrence of such fire or other casualty, Tenant, at its option, as its sole remedy may terminate this Lease by notice to Landlord not later than sixty (60) days after such occurrence; or (b) Either party may terminate this Lease by sixty (60) days notice to the other party. Either party may also terminate this Lease if a substantial part of Entire Premises shall be damaged or destroyed by fire or other casualty. Upon any termination as herein permitted, this Lease shall expire as of the date of such fire or other casualty. If this Lease is not terminated after any fire or other casualty the Minimum Rent payable under Section 2.01 shall abate in the proportion that the damage area of Leased Premises bears to the total rentable area thereof until such time as Landlord shall complete repairs thereto. In the event of any such damage, Landlord may enter upon Leased Premises and make repairs in accordance with the terms of this Lease. If the whole of Leased Premises shall be condemned by eminent domain or shall be conveyed by Landlord in lieu of any such condemnation for any public or quasi-public use or purpose, the term of this Lease shall expire as of the date on which possession of Leased Premises is required to be surrendered to the condemning authority, and all rent shall be paid up to such date. Section 8.02 "Partial Condemnation" Attachment number 1 Pa e 10 of, 19 If any part of Leased Premises shall be condemned by eminent domain or shall be conveyed by Landlord in lieu of any such condemnation for any public or quasi-public use or purpose and the remainder of the Leased Premises shall thereafter be unsuitable for the business of Tenant, the term of this Lease shall cease and terminate as of the date on which possession of the Leased Premises is required to be surrendered to the condemning authority as though such condemnation or conveyance were a total condemnation under Section 8.01. If the remainder of Leased Premises after such condemnation or conveyance is suitable for the business of Tenant, Landlord shall promptly restore Leased Premises to the extent of net condemnation proceeds available for such purpose after payment of all costs and payment of any amounts that may be due to any first mortgagee for the value of the diminished fee, to a condition as nearly comparable as possible to its condition immediately preceding such condemnation or conveyance, and rent shall abate in the ratio that the area of Leased Premises condemned or conveyed bears to the total area of Leased Premises before such condemnation or conveyance. Section 8.03 "Condemnation of Entire Premises" If any part of Entire Premises shall be condemned by eminent domain or shall be conveyed by Landlord in lieu of such condemnation for any public or quasi-public use or purpose and the remainder of Entire Premises after such conveyance or condemnation shall be unsuitable, in the opinion of Landlord, for continued operation as an integral unit, Landlord may elect to treat such condemnation or conveyance as a condemnation or conveyance of the whole or Leased Premises under the terms of Section 8.01. If Landlord does not elect the foregoing option, this Lease shall continue without any right on the part of Tenant to claim any reduction in rent or other payments due hereunder by reason of the reduction in size of Entire Premises. Section 8.04 "Awards" If Leased Premises or the rights of Tenant under this Lease shall be affected in any way by any condemnation or conveyance in lieu thereof, Tenant waives all claims of any nature whatsoever against Landlord and assigns to Landlord all claims of any nature against the condemning authority arising by reason of such condemnation or conveyance in lieu thereof, including without limitation all claims for loss of Tenant's leasehold estate. Notwithstanding the foregoing, Tenant may file such claims with the condemning authority as may be permitted by applicable law for removal expenses, business dislocation damages, and moving expenses but only so long as such claims do not reduce any award otherwise payable to Landlord. (a) Tenant shall not assign this Lease nor sublet all or any part of the Leased Premises without the prior written consent of Landlord, such consent shall not be unreasonably withheld. For the purposes of this section, any mortgage, conveyance, transfer or encumbrance of this Lease and any transfer by operation of law, and any transfer of any right to possession or use of Leased Premises shall be deemed an assignment or subletting. Notwithstanding any of the foregoing, Landlord acknowledges that Tenant's service contractor shall be carrying out all services to be provided in the Leased PremA,t Anf19mber1 (b) Other than as provided in paragraph (a) above, any request for consent of Landlord to any subletting or assignment shall grant to Landlord the option (which must be exercised in writing, mailed within thirty (30) days after receipt of such request and shall be effective upon the date of mailing of notice of such exercise by Landlord) to recapture the portion of Leased Premises with respect to which such request was made. Thereafter, the rent and additional rent payable under this Lease shall be reduced in proportion that the rentable Area of the released portion bears to the total rentable Area of Leased Premises immediately prior to such recapture. As a result of any such recapture, Landlord, its successors and assigns, shall also be granted by Tenant, without charge, such rights of access to the remainder of Leased Premises as were to be given to the proposed subtenant or assignee, and as are reasonable and necessary to permit occupancy of the recaptured portion of the Leased Premises. (c) Consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for such consent to any subsequent assignment or subletting. (d) If Leased Premises be occupied by anyone other than Tenant, whether as assignee, subtenant, concessionaire or otherwise, Landlord may collect rent from such occupant, and apply the net amount collected to the rent reserved under this Lease and acceptance of such rent shall not be deemed a consent to any such occupancy or any such other party. (e) An attempted assignment without the consent of Landlord may, at the option of the Landlord, be treated as an offer to terminate this Lease. (f) Any consent by Landlord to any assignment of this Lease may be conditioned upon the assignee assuming the full and faithful performance of all the terms and conditions of this Lease and upon the continued liability of Tenant under all the terms hereof. Any consent by Landlord to any subletting shall be conditioned upon the express agreement by the subtenant to be bound by the terms, covenants and conditions and restrictions of this Lease applicable to Tenant. (g) If Tenant be a corporation, the merger of Tenant with any other entity, the liquidation, dissolution or transfer of control of the corporation by any means whatsoever (except by reason of death of a principal shareholder), shall be deemed an assignment of this Lease. If Tenant is a partnership or limited partnership, the transfer of partnership interests by anyone or more of the general partners or the transfer of control of the partnership by any means whatsoever shall be deemed an assignment. For the purposes hereof, control shall mean holding of more than 49% of the voting power of the entity. The provisions of this section shall not apply to any publicly held corporation (having more than 100 independent shareholders). 111e WULU 1Jd11U1UtU W11C11 UDC1A ll1 1.1110 Lcaoc o--- i-- -1- v..-- -.- time to time of the Landlord's interest in this Lease. If the interest or estate of Landlord in Leased Premises shall terminate by operation of law or by a sale of the premises or by execution or foreclosure sale or for any other reason, or if any third party becomes entitled to collect and receive rent under this Lease, Landlord shall be released and relieved from all liability thereafter under this Lease, however, this Lease shall expressly survive a transfer in interest of the Entire Premises or any part thereof. Landlord's liability under this Lease shall be limited to real estate and other assets of the partnership, joint venture or other owner of Landlord's interest without direct or personal liability on the part of anyPt1ge? 1 joint venturers or other parties participating therein. ARTICLE X - SUBORDINATION AND QUIET ENJOYMENT Section 10.01 "Subordination" This Lease and all of the terms, covenants and conditions hereof is and shall be subject and subordinate to any mortgage or mortgages or prior leases affecting Leased Premises or Entire Premises or any part of either of them. However, if any mortgagee or prior landlord so requests, Tenant shall execute, acknowledge and deliver an agreement in form satisfactory to such mortgagee or prior landlord subordinating such Lease to the Mortgage, or agreeing to attorn to such mortgagee or prior landlord, or both, provided that such mortgagee or prior landlord executes a non-disturbance agreement in a form satisfactory to tenant. Section 10.02 "Estoppel Clause" Within twenty (20) days after request by Landlord or upon any sale, assignment or mortgage of Leased Premises, Tenant shall execute and deliver to Landlord or to any proposed mortgagee or purchaser a certificate in recordable form stating (if such be the case) that this Lease is in full force and that there are no defenses or offsets thereto, or stating those claimed by Tenant. Section 10.03 "Quiet Enjoyment" Subject to the express provisions of this Article and upon payment of the rents and performance of all the other covenants, terms and conditions of this Lease, Tenant shall peaceably and quietly hold and enjoy Leased Premises for the term herein specified, subject nevertheless to the terms and conditions hereof. ARTICLE XI - RIGHTS OF LANDLORD Section 11.01 - "Right of Entry" Upon notice, Landlord or Landlord's agents or such persons as Landlord may authorize may enter Leased Premises at all reasonable times for purposes of examination, exposition to prospective purchasers or tenants of Leased Premises or Entire Premises and making of repairs, alterations, improvements and additions to Leased Premises or Entire Premises all as Landlord may deem necessary or desirable. Landlord may take into Leased Premises all material that may be required to make such repairs, alterations, improvements or additions. No such entry upon Leased Premises shall be deemed an eviction of Tenant in whole or in part and the rent reserved in this Lease shall not abate in whole or in part while any such repairs, alterations, improvements or additions are being made by Landlord. Landlord shall not be liable to Tenant for any damage, decrease or loss of business occurring either during or after the making of any such repairs, alterations, improvements or additions, as long as Landlord's entry does Lied7C VL ally LCIIC W CL -L L. 1ICLCVL, 1, CL11U 11111.A iiiay cni ii u1 U ica.?cu i i-- - - .? -- prospective tenants or purchasers and place upon Leased Premises "For Rent" or "For Sale" signs which Tenant shall permit to remain upon Leased Premises without molestation. If Tenant or a designee of Tenant shall not be present to open and permit entry into Leased Premises at any time when such entry shall be necessary or permissible, Landlord or its agents may enter Leased Premises by a master key or may forcibly enter thereon, without rendering Landlord or such agent liable therefore and without affecting the obligations and covenants of Tenant. The reservation of rights in this Section shall not be construed as imposing upon Landlord any obligation, responsibility or liability whatsoever for Paje13o'r1 maintenance or repair of Entire Premises or of Leased Premises except as specifically provided in this Lease. Section 11.02 "Utilities and Conduits" Landlord may from time to time place conduits or other facilities for utilities servicing other portions of Entire Premises over, across or through such portions of Leased Premises not unreasonably interfering with the appearance thereof or conduct of business therein by Tenant, as Landlord deems necessary or advisable. ARTICLE XII - DEFAULT AND REMEDIES Section 12.01 "Events of Default" The following shall be considered "Events of Default": (a) The failure of Tenant to pay, within fifteen (15) days of due date, any installment of rent or additional rent or any other sum payable by Tenant under this Lease. (b) The failure to perform, violation or breach by Tenant of any of the terms, covenants or conditions of this Lease, which failure, violation or breach shall continue unremedied by Tenant for a period of ten (10) days after written notice thereof shall have been given to Tenant by Landlord, or for such additional period as may be necessary to remedy such failure, violation or breach with due diligence. (c) The closing by Tenant of Leased Premises for a of fifteen (15) successive business days, unless such caused by labor disputes, fire, condemnation or other control of Tenant. period in excess closing shall be cause beyond the (d) The abandonment by Tenant of Leased Premises or the removal or attempted removal by Tenant, except in the ordinary course of business, of any goods or property from Leased Premises without having paid and satisfied Landlord in full for all rent and other charges then due or that may thereafter become due until the expiration of the term of this Lease. (e) The insolvency of Tenant as evidenced by an assignment by Tenant for the benefit of creditors, a petition in bankruptcy or for reorganization or an arrangement under any bankruptcy or insolvency law being filed voluntarily Tenant, the adjudication of Tenant as a bankrupt, the issuance by any court of an order for relief as to Tenant, the filing against Tenant for a petition for appointment of a receiver for all or any part of Tenant's assets or property either in bankruptcy or other insolvency proceedings, unless such proceedings shall be stayed or dismissed within sixty (60) days of the filing hereof, or the levy against any portion of the assets or property of Tenant by the Sheriff or other designed authority of any governmental continue occupancy o1= the eremises, continue Le pay LCiil, a11U 1-11 general be in a position to operate a business on the Leased Premises for a term of more than one year. Section 12.02 "Effect of an Event of Default" Upon the occurrence of any event of default, as a result thereof and without entry or other action by Landlord; (a) The balance of all rent and other charges to bR?tcQmetnud eerl throughout the term hereof shall, at the option of Lar if ,19 be accelerated and shall be immediately due and payable, and Landlord may in its own name assign, sublet or relet Leased Premises for any period equal to or greater or less than the remainder of the term hereof for any sum which Landlord may deem reasonable to any Tenant Landlord may select, and for any use or purpose which Landlord may designate. If Landlord so sub lets or assigns this Lease, Tenant hereby irrevocably constitutes and appoints Landlord as Tenant's agent to collect any rents due from such assignee or subleases and apply the same to the rent due hereunder as an offset, without in any way affecting Tenant's obligation to pay any unpaid balance of rent and other charges due hereunder. In the event of such assignment or subletting, Landlord shall apply the rents received therefrom to the obligation of Tenant hereunder until Landlord shall have recovered in full all amounts due and owing from Tenant to Landlord together with a service charge of ten (100) per cent to Landlord. Landlord shall be under no obligation whatsoever, either to assign, sublet or relet Leased Premises, at any time or upon any specific terms and conditions. (b) At the option of Landlord, this agreement and the term created hereby shall cease and terminate and become absolutely void without any right on the part of Tenant to save the forfeiture by payment of any sum due or by other performance of any term, covenant or condition broken or defaulted, whereupon Landlord shall be entitled to recover damages for such event of default in an amount equal to the amount of rent reserved for the balance of the term hereof, less the fair rental value of Leased Premises for the balance thereof. Section 12.03 "Remedies of Landlord" Upon the occurrence of any event of default, Landlord or anyone acting on Landlord's behalf, at Landlord's option, may, after proper written notice of such default, where Tenant fails to cure default as provided for hereunder: (a) Without notice or demand enter the Leased Premises breaking open locked doors, if necessary, to effect entrance, without liability to action or prosecution for damages for such entry or for the manner thereof, for the purpose of distraining (to the extent permitted by Chapter 83, Florida Statutes, 2009 and other applicable law) or levying and for any other purposes, and take possession of and sell all goods and chattels of Tenant at auction, on three (3) days' notice served in person on Tenant or left on Leased Premises, and retain the proceeds thereof on account of Tenant's obligations hereunder; and Tenant hereby forever remises, releases, and discharges Landlord, and its agents, from all claims, actions, suits, damages and penalties, for or by reason or on account of any entry, distraint, levy, appraisement or sale; or (b) Lease Leased Premises or any part or parts thereof to such person or persons for such rents and for such terms as may, in Landlord's discretion, seem best without affecting Tenant's liability for any Section 12.04 "Cost of Enforcement" If findings of arbitration or court is in favor of Landlord, Tenant shall pay to Landlord, as additional rent upon demand, all of Landlord's costs, charges and expenses, including without limitation the reasonable fees of counsel, agents and others retained by Landlord for the enforcement of Tenant's obligations under this Lease and also any such costs, charges, expenses or fees incurred by Landlord in any litigation in which Landlord, without Landlord's fault becomes involved or concerned by reason of this Lease or the relationship of Landlord and Tenant under this Lease Atttac m n 19mber1 15 of If findings of arbitration or court is in favor of Tenant, Landlord shall pay to Tenant, all of Tenant's costs, charges, and expenses, including without limitation the reasonable fees of counsel, agents and others retained by Tenant for the enforcement of Landlord's obligations under this Lease and also any such costs, charges, expenses or fees incurred by Tenant in any litigation in which Tenant, without Tenant's fault becomes involved or concerned by reason of this Lease or the relationship of Landlord and Tenant under this Lease. Section 12.05 "Cumulative Remedies" All of the remedies hereinbefore given to both parties and all rights and remedies given to it by law and equity shall be cumulative and concurrent. No determination hereof of the taking or recovering of Leased Premises shall deprive both parties of any of its remedies or actions against Tenant for rent or any and all other sums due at the time or which, under the terms hereof, would in the future have become due if there had been no determination, nor shall the bringing of any action for rent or for breach or default under any term, condition or covenant, or the resort to any other remedy herein provided for the recovery of rent, be construed as a waiver of the right to obtain possession of the demised premises. Section 12.06 "Landlord's Right to Enforce Strictly" Any law, usage or custom to the contrary notwithstanding, Landlord shall have the right at all times to enforce all terms, conditions and covenants hereof in strict accordance herewith, notwithstanding any conduct or custom on the part of Landlord in refraining from so doing at any time or times. Further, the failure of either party at any time or times to enforce its rights hereunder strictly in accordance with the same shall not be construed as having created a custom in any way or manner contrary to any specific term, condition or covenant hereof, or as having in any way or manner modified the same. ARTICLE XIII - SECURITY DEPOSIT Section 13.01 "Purpose of Deposit" The security deposit posted by Tenant under the terms of Section 1.06 of this Lease shall be held by Landlord or Landlord's Agent as security for the faithful performance by Tenant of all of the terms, covenants, and conditions of this Lease throughout the term and any extensions thereof. If at any time during the term of this Lease any of the rent reserved in this Lease shall be overdue and unpaid or any other sum payable by Tenant to Landlord under this Lease shall be overdue and unpaid, Landlord may, in its reasonable discretion and in addition to any other remedies provided at law or in equity or by this Lease appropriate and apply any portion of such deposit to the payment of any such overdue rent or other sum. Within thirty (30) days after expiration of the term of this Lease, as such term might be extended from time to time, Landlord shall refund such deposit, . - . . - LI-------- '---- • --- -r ].-J=-,,-1 4- +-1-, +- If Tenant shall fail to keep and perform any of the terms, covenants and conditions of this Lease binding upon Tenant, Landlord may at its reasonable discretion in addition to any other right or remedy provided in this Lease or at law or in equity, appropriate and apply so much of such deposit as may be necessary to compensate Landlord for all loss or damage sustained or suffered by Landlord by reason of such breach of Tenant. Should any part of such deposit be appropriated and applied by Landlord for any reason, Tenant shall promptly upon receipt of notice thereof, pay to Landlord such amounts as may be necessary to restore such deposit to the amount set forth in Section 1.06. Tenant's failure to ma g?11iofnt1§i tgac nuubceh1 ? deposit at the amount set forth in Section 1.06 shall constitute a material breach of this Lease. Section 13.03 "Transfer of Deposit" Upon any transfer of the Landlord's interest in this Lease to a successor, Landlord shall deliver the amount of such deposit to such successor whereupon Landlord shall be relieved of any obligation to return such deposit to Tenant and Tenant shall thereafter look to such successor for the performance of all the terms of this Article. ARTICLE XIV - MISCELLANEOUS PROVISIONS Section 14.01 "Tenant" The word "Tenant" used in this Lease shall mean every person or party named as Tenant in this Lease. Any notice given as provided in Section 1.08 shall bind all such parties and it shall have the same force as if given to all of them. The use of the neuter singular pronoun to refer to Landlord and Tenant shall be deemed a proper reference to either of them whether they are an individual, a partnership or any form of joint venture. Section 14.02 "Accord and Satisfaction" No acceptance by Landlord of an amount less than the monthly rent and other payments stipulated to be due under this Lease shall be deemed to be other than a payment on account of the earliest such rent or other payments then due or in arrears nor shall any endorsement or statement on any check or letter accompanying any such payment be deemed an Accord and Satisfaction. Landlord may accept any check for payment by Tenant without prejudice to Landlord's right to recover the remainder of any rent or other payment then in arrears and Landlord may pursue any other remedy provided in this Lease. No acceptance by Landlord of any payment of rent or other sum by Tenant shall be deemed a waiver of any of the obligations of Tenant under this Lease. Section 14.03 "Holding Over" Any Holding Over after the expiration of the term of this Lease, with the consent of Landlord, shall at Landlord's option be construed to be a tenancy either from month to month at the rent and other payments herein specified and shall otherwise be subject to the conditions, covenants and agreements of this Lease. If Tenant shall Holdover without the consent of Landlord after the termination of this Lease for any reason whatsoever, Tenant shall pay as liquidated damages and not as a penalty an amount equal to two hundred (200%) percent the prorated Minimum Rent for the period during which such Holding Over continues, but the acceptance of such amount by Landlord shall be without prejudice to any other rights or remedies of Landlord at law or in equity or under this Lease. 't'enant snall not txecoru L1115 LCdJC W1L11UULL 1.11c wiiL Ui i, Landlord. If requested by Landlord a memorandum of short-form Lease setting forth only such items as are required to be set forth under the Laws of the State of Florida in effect at such time shall be executed by Tenant. This Lease shall be retained and subject to disclosure in accordance with Chapter 119, Florida Statutes, or other applicable law. Section 14.05 "Delays" If either party to this Lease shall be delayed or prevented from the M e '9mb? performance of any obligation hereunder (other than the obli " Tenant to pay rent or additional rent when due) by reason of labor disputes, inability to procure materials, failure of utility services, restrictive governmental laws or regulations, riots, insurrection, war or other similar causes beyond the control of such party, the performance of such act shall be excused for the period of the delay. The provisions of this Section 14.08 shall not excuse Tenant from the prompt payment of any sums payable under any of the provisions of this Lease, as long as Tenant's use and occupation as contemplated herein is not frustrated. Section 14.06 "Entire Agreement" This Lease and the Exhibits and any Rider attached hereto sets forth the Entire Agreement between the Parties and there are no other agreements expressed or implied, oral or written, except as herein set forth. This Agreement may not be amended, altered or changed except in writing executed by both of the parties hereto. Section 14.07 "Captions" The Captions, Section numbers, Article numbers and Index appearing in this Lease are inserted only for the convenience of the Parties and shall not in any way affect the meaning or intent of any portion of this Lease. Section 14.08 "Partial Invalidity and Construction" The Sections of this Lease are intended to be severable. If any Section or provision of this Lease shall be held to be unenforceable by any court or competent jurisdiction, this Lease shall be construed as though such Section had not been included in it. If any Section or provision of this Lease shall be subject to two constructions, one of which would render such Section or provision invalid, then such Section shall be given that construction which would render it valid. Section 14.09 "Special Provisions" (a) Underground Parking: Tenant has the use of 1 enclosed garage parking space. (b) Landlord shall pay for initial lobby directory sign and outside office sign. (c) Tenant shall replace a/c and heating filters as needed. (d) In the event of the closing of the clinic, or the Tenant's relocation to a City-owned building or facility, Tenant, shall have the option to cancel this Lease at any time after the First Full Lease Year, without penalty, by providing Landlord three (3) months written notice prior to the effective date of cancellation . Such cancellation must result solely from the closing of the clinic or relocation to a City-owned building or facility and for no other reason. Tenant shall have the option to cancel this Lease at any time prior to the end of the First Full Lease Year, with penalty, by providing Landlord two (2) months written notice prior to the effective date of cancellation, such penalty shall Section 14.10 "Successors" The provisions of this Lease shall be binding upon the respective Parties hereto and their respective heirs, administrators, successors and assigns provided that this provision shall not be deemed the consent by Landlord to any subletting or assignment by Tenant except as herein specifically provided. Attachment number1 Page 18 of 19 Section 14.11 "No Option" The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises, and this lease becomes effective as a lease only upon execution and delivery thereof by Landlord and Tenant. Section 14.12 "Hazardous Materials" Tenant, at its expense, shall comply with all governmental and other laws, rules, regulations, codes, statutes, including, but not limited to, federal, state, county and municipal, as they relate to Tenant's storage, use, and disposal of any substance, whether toxic or non-toxic, whether such substance is a manufactured or man-made substance or whether the same is a natural substance. In the event Tenant should violate any such laws, rules, regulations, codes or statutes, and if the violation is not cured within the required time by the pertinent governmental agency or upon dis- covery by Landlord within the time prescribed by Landlord, the same shall constitute a default under this Lease. In addition to the remedies for default specified in this Lease, Tenant shall indemnify and hold Landlord harmless from any and all damages to the extent of Florida Statute 768.28, direct or indirect, which might be caused as a result of said default, whether said damages are discovered during the term of this tenancy or whether said damages are discovered after the termination hereof, and regardless of whether said Lease shall include any and all costs incurred by Landlord, including any attorney's fees, in either enforcing this indemnity or defending claims resulting from Tenant's default hereunder. Section 14.13 "Relocation" Upon Landlord's request, Tenant agrees that it will promptly relocate its offices to a commercially comparable space within Powell Professional Center; provided, however, the out of pocket costs incident to such relocation shall be at Landlord's expense. Section 14.14 "Enclosed Parking Garage" Tenant shall be assigned the use of (1) parking space in the enclosed parking garage. Tenant herein shall have no additional right to the use of the enclosed parking garage for any purpose whatsoever unless set forth in Section 14.09 of this Agreement with designations for specific leased spaces. Under such circumstance, customer visits, deliveries, and ingress and egress, shall be conducted through the front entrance doors of the building located on the central northerly side thereof, adjoining Corbett Street. Ltauvll 1.7 Cl 11Q1.,U1.Q11I v Ui, --j - --------,,.. .j-- ..,...,,..,, .. - -- accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Unit. Section 14.16 "Broker Indemnification" Landlord and Tenant each warrant to the other that no real estate broker or agent, other than as identified herein has been used orAtQCft"dUts 1 in connection with the purchase and sale of the property. Each Pt96W?nts and agrees to defend, indemnify and save the other harmless from and against any action, damages, real estate commissions, fees, costs, and/or expenses (including reasonable attorneys' fees), resulting or arising from any commissions, fees, costs and/or expenses due to any real estate brokers or agents, other than as identified herein, because of the purchase and sale of the property and the execution and delivery of this contract, due to the acts of the indemnifying party. Northstar Commercial Real Estate Services, Inc. represents the Landlord in this transaction and will be paid by the Landlord. Principals in the brokerage entity, Northstar Commercial Real Estate Services, Inc., have ownership interest in the property referenced in this lease proposal. This Lease consists of pages one (1) through nineteen (19) inclusive. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. WITNESSES: "LANDLORD" Powell Professional Center, LLLP By: Philp Powell General Partner "TENANT" City of Clearwater By: Bill City Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Horne Manager Attest: Cynthia E. Goudeau City Clerk Witnesses: ?- Meeting Date:6/3/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an agreement between the City of Clearwater and the Early Learning Coalition of Pinellas County, from June 10, 2010 through August 23, 2010 to provide summer camp subsidies for children ages five to eight years old and authorize the appropriate officials to execute same. (consent) SUMMARY: The Parks and Recreation Department conducts summer day camp programs for youth. The City has partnered with various agencies and government entities to provide funding for these programs, i.e. JWB, scholarships, etc. Under this agreement the City will receive funds for children to attend one of our many summer camps that are held at North Greenwood Recreation Complex, Ross Norton Recreation Complex, Countryside Recreation Center, The Long Center and Moccasin Lake Nature Park. Children must meet the economic eligibility criteria as established by the Agency to receive child care subsidy. From past history the City anticipates to receive approximately $20,000 from this program, which will provide scholarships for children who meet the program criteria. Based upon previous years this will accommodate approximately 30 youths. Day camps are a vital part of summer programming and provide many benefits not only to the parents and children, but also to employers. According to the U. S. Department of Labor, child care resource and referral services can reduce employee absence due to child care by forty percent. By addressing child care needs, employers assure themselves of a more productive, more satisfied workforce (Coordinated Child Care statistic). Participants in this program receive a developmentally appropriate curriculum and character education. Additionally, this program allows parents to focus on professional and educational goals which can help to break the cycle of poverty. There is no requirement to continue the program when the grant ends. 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 Item # 18 Attachment number 1 Page 1 of 21 11. r )F TL4F 4. 1 Item # 18 Attachment number 1 Page 2 of 21 p 9 Item # 18 Attachment number 1 Page 3 of 21 'I 11 i !lk i 14, 15, 18 9 21. 22, Item # 18 r 25, xiVf. 11 ip a 4; i Item # 18 32, C _7 t Item # 18 Item # 18 paa Item # 18 Attachment number 1 Page 8 of 21 1 III . f1 t. Item # 18 Attachment number 1 Page 9 of 21 Pa i 0 Item # 18 Attachment number 1 Page 10 of 21 Attachment number 1 Page 11 of 21 Item # 18 Attachment number 1 Page 12 of 21 .......... I _- u.. .. w.m_. r?. i e Item # 18 Item # 18 Item # 18 Attachment number 1 Page 15 of 21 Item # 18 Attachment number 1 Page 16 of 21 { if laws Item # 18 Item # 18 of t Item # 18 I Item # 18 Attachment number 1 Page 20 of 21 I r , ` . Item # 18 Attachment nu ber 1 Page 21 of 2111 cc, 1 '31 r 0 =l 0 44 W. W I 41 i 1 0 !I . I I i I I ? i ]a Tn I FA 'i I '' ?? ?. ? z J Fly I-I g. i H pjr r4 E-4 Ida ?; ?.. -. a 4-) tin m.I qj Item # 18 City Council Agenda Council Chambers - City Hall Meeting Date:6/3/2010 SUBJECT / RECOMMENDATION: Approve the final plat for "Stevens Creek Subdivision," located at the Southwest corner of North Betty Lane and Sunset Point Road. (consent) SUMMARY: This is a plat of Metes and Bounds parcel 42/14 in Section 3, Township 29 South, Range 15 East. This property is within the City limits and consists of 8.89 acres more or less. This property was formerly a 61 unit attached dwelling complex. The final plat will create 51 single family residential lots. The proposed project was approved by the Development Review Committee on April 4th, 2009 and by the Community Development Board on May 19th, 2009. The property is zoned Medium Density Residential (MDR). Review Approval: 1) Planning 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 19 1yd 11 "II( I?uu,L I Page 1 of 1 W MARINE ST Q Of > 0 D a m O U a COMMODORE ST GRANADA ST 0 ST ST DR SUNSET U PALM ST Starboard BERMUDA ST PORT W IDLEWILD a o GRANADA IVA ST SEDEEVA m Q Q U J W J Q Q ? ARBELIA w x Q ? w 0 DR D ooz0-0 , n 0 WOODLAWN o TERR SEDEEVA CIR N Q?g CIR S BERTLAND F STATE ST ALOHA O (7 m ~ Z 2 00 PLAT SHED i Lu LOCATI( U U 2 _ J, POINT RD CR-576 Y O w 7 0 F ! 00 L O a Q Q ; O VISTA WAY Q W J O? Q ¢ z ??O } a co OL co FRBR CAROLYN 00? O W W z 0 W ST w (If Q = z C7 J =UQ f ti9 SANDY LA ?eOQ ELF o CwxJ < MARY L RD z CQS TERRACE RD 0 6p ST z FAIRMONT ST O ¢ U Q 0 Op N CLAIRE 2 o ?L o ?O BECKETT PARKWOOD ST JJ NO s?o D D ?c BECKETT ST W Z ST Q> \, WOODBINE ST GPRa D O D w GRANT DR SPRINGDALE ST z ~ co CARLTON ST RUSSELL D D o ST OVERLEA U Q U TANGERINE ST ENGMAN ST ENGMAN ST L r? =DR W z w D Q N Ridgelan Cir s w F Ridgelan Q Cir J 0 RD DR gtRpM RD rn 0 O O 0 0 ? ? Highland z [if < Cir Q U Y m e WILSON RD C SUN SET SPRING LA m THAMES LA O M m o J J W OEL LA ?D U BENTLE Y O OTTEN ST z PEAEN O CAROLYN LA w ?: SANDY dE CIRCLE FAIRMONT ST W LLI } Q PARKWOOD Q x O x WOODBINE E==71 00 0 -i Q SPRINGDALE (If U ST Clearwater U Prepared by: Engineering Department Geographic Technology Division Plat Location of Stevens Creek Subdivision N W E S 100S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www. 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F- ,t7 \\ ?m \ \ O O to 6 U m w\ s M o s i \ \ \ \ m a M a ?^ W \ y\, ? =cam \ W ..\ Uoo o W ? °° M- M y m o o p 40 \ \ \ I \ \ O M o\ \ 3 , - \ \ ' ? o V o / oat ? \ \ v orn O oi V, ? / / ' co a m O L_- ? -__ .... - -- 9b Oll - --------- M,10,9b.00S ------ / ' - HIMON - T 19911 =_ x ,? 3.lb,11.80N -- ZO - - l ------ 3 19b. 0N 0 ---- a O ? „ l4• \ r ? ^ I I l T ~ cn ° I m m O o W ?2 L-?__ ' N T M w r ? Ip: arn _? T T T J,j _ ? CIO r City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Meeting Date:6/3/2010 Review Approval: 1) Clerk Cover Memo Item # 20