The URL can be used to link to this page

02/17/2011 - City Council Agenda Location: Council Chambers - City Hall Date: 2/17/2011- 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 Service Awards Attachments 4.2 2011 Winter Homes, Neighborhood, and Business of the Quarter Attachments 4.3 Chanukah Celebration at City Hall, 2010 Attachments 4.4 Clearwater Community Sailing Center - Anne Garris Attachments 5. Approval of Minutes 5.1 Approve the minutes of the February 3, 2011 City Council Meeting as submitted in written summation by the City Clerk. Attachments 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 proposed City of Clearwater's Substantial Amendment to the Fiscal Year 2010-2011 Consolidated Action Plan to include the Fiscal Year 2010-2011 Neighborhood Stabilization Program 3 Action Plan, accept future funding in the amount of $1,385,801 to implement Action Plan activities and authorize the appropriate officials to execute same. Attachments 7.2 Rescind Ordinances 8303-10, 8304-10 and 8305-10 and pass Ordinance 8243-11 on first reading. (ANX2010-05002 Corrective) Attachments 7.3 Approve the annexation, initial Future Land Use Map designation of Recreation/Open Space (R/OS) and initial Zoning Atlas designation of Open Space/Recreation (OS/R) District for 2270 Landmark Drive (East 965 feet of North 1/z of Southeast 1/4 of Section 32, Township 28 South, Range 16 East, less roads on North, East and South); and pass Ordinances 8240-11, 8241-11 and 8242-11 on first reading. (ANX2010- 05002 Corrective) Attachments 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 8234-11 on second reading, annexing certain real property whose post office addresses are 1809 and 1836 Diane Drive, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790, and 2791 Diane Terrace, 1724, 1765, and 1772 El Trinidad Drive East, 1704, 1721, 1724, 1725, 1728, 1733, and 1737 Evans Drive, 1721, 1724, 1747, and 1750 Grove Drive, 1717, 1740, and 1747 Lucas Drive, 1817 and 1831 Marilyn Drive, 1813, 1819, 1824, and 1831 Skyland Drive, 2740, 2751, 2759, and 2770 Terrace Drive, 1704, 1721, 1729, 1737, and 1755 Thomas Drive, together with abutting right of way of Diane Terrace, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.2 Adopt Ordinance 8235-11 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 addresses are 1809 and 1836 Diane Drive, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790, and 2791 Diane Terrace, 1724, 1765, and 1772 El Trinidad Drive East, 1704, 1721, 1724, 1725, 1728, 1733, and 1737 Evans Drive, 1721, 1724, 1747, and 1750 Grove Drive, 1717, 1740, and 1747 Lucas Drive, 1817 and 1831 Marilyn Drive, 1813, 1819, 1824, and 1831 Skyland Drive, 2740, 2751, 2759, and 2770 Terrace Drive, 1704, 1721, 1729, 1737, and 1755 Thomas Drive, together with abutting right of way of Diane Terrace, upon annexation into the City of Clearwater, as Residential Low (RL) and Drainage Feature Overlay. Attachments 8.3 Adopt Ordinance 8236-11 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1809 and 1836 Diane Drive, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790, and 2791 Diane Terrace, 1724, 1765, and 1772 El Trinidad Drive East, 1704, 1721, 1724, 1725, 1728, 1733, and 1737 Evans Drive, 1721, 1724, 1747, and 1750 Grove Drive, 1717, 1740, and 1747 Lucas Drive, 1817 and 1831 Marilyn Drive, 1813, 1819, 1824, and 1831 Skyland Drive, 2740, 2751, 2759, and 2770 Terrace Drive, 1704, 1721, 1729, 1737, and 1755 Thomas Drive, together with abutting right of way of Diane Terrace, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments City Manager Reports 9. Consent Agenda 9.1 Approve settlement of the liability claim of Patricia Lynch for payment of $65,000 and authorize the appropriate officials to execute same. (consent) Attachments 9.2 Approve the grant agreement between the City of Clearwater and the Florida Department of Environmental Protection Office of Greenways and Trails (OGT) for a Recreational Trails Program (RTP) grant in the amount of $200,000 for the construction of trails within the Lake Chautauqua Equestrian and Nature Preserve and authorize the appropriate officials to execute same. (consent) Attachments 9.3 Approve an Amended and Restated Business Lease between the Greater Clearwater Chamber of Commerce (Chamber) and the City of Clearwater (City) for the use of the Lokey Building, located at 401 Cleveland Street, from March 1, 2011 to February 28, 2013 (Additional Extended Term) at $3,000 per month; reduce rent payments due under the current lease term for the months of January and February 2011 from $5,720 per month to $3,000 per month, and provide for the rescission of the ad valorem tax escrow payment for each year in which the Lessee secures an ad valorem tax exemption from the Pinellas County Property Appraiser and authorize the appropriate officials to execute same. (consent) Aanchmcnts 9.4 Approve a Contract (Blanket Purchase Order) to Fleet Products Inc. of Tampa, FL in the amount of $200,000 for the purchase of replacement vehicle parts used by all City Departments, during the contract period February 18, 2011 through February 17, 2013, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Pinellas County Bid 078-0185-B and authorize the appropriate officials to execute same. (consent) Attachments 9.5 Authorize placement of Restrictive Covenant over City Right of Way located at North Martin Luther King Avenue and Carlton Street and authorize the appropriate officials to execute same. (consent) Attachments 9.6 Approve Geosyntec Supplemental Agreement 1 for an Environmental Assessment of Joe DiMaggio Sports Complex in the amount of $21,493.00 plus an additional contingency in the amount of $22,506.20 for a total increase in the amount of $43,999.20. (consent) Attachments 10. Other Items on City Manager Reports 10.1 Provide direction regarding an alternate site at Court and Madison Streets for the Fire Station 45 Renovation project. B Attachments 10.2 Continued to 3/3/2011: Award a contract (Purchase Order) for $145,997.00 to LDV, Inc. of Burlington, WI for one LDV Model LABMCC163185-10 Traffic Homicide Investigation Vehicle and authorize the appropriate officials to execute same. Attachments 10.3 Approve an Agreement to Assign, Transfer and Dedicate as Public Road (Excaliber Drive) and adopt Resolution 11-03. Attachments 10.4 Approve Construction Manager at Risk for Continuing Contracts (CMR) with Angle and Schmid, Inc., Biltmore Construction and Peter Brown Construction for a period of two years with an option to renew for an additional two-year period commencing March 1, 2011 and authorize the appropriate officials to execute same. (consent) Attachments 10.5 Appoint one member to the Environmental Advisory Board to fill the remainder of unexpired term until September 30, 2013. Attnchmentc Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 Morningside Temporary Speed Tables - Norene M. Marlow, President MMHA Attachments 12. Other Council Action 12.1 Other Council Action Attachmentc 13. Closing Comments by Mayor 14. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Dean Dustin David Storck Angel Trueblood Lan-Anh Nguyen Himanshu Patni William Andrews Patricia Taylor Gertrude Labar Kerry Marsalek 10 Years of Service Solid Waste/General Services Solid Waste/General Services Police Engineering Engineering Solid Waste/General Services Parks & Recreation Engineering Parks & Recreation Julian Johnson Solid Waste/General Services Antonis Magganas Gas John McQueeney Gas Jennifer Rush Library Marvalyn Malcolm-Smith Economic Development Donathon Clark Parks & Recreation Timothy Coleman Engineering 15 Years of Service John Fellenbaum Police Kenneth Smith Public Services Timothy Chaplinsky Parks & Recreation 20 Years of Service Michael Olesh Anthony Fanelli Allen Del Prete Gregory Klamo George Memmer Robert Schneider Manuel Pe Public Utilities Solid Waste/General Services Human Resources Public Services Solid Waste/General Services Public Utilities Public Utilities 25 Years of Service Ralph Rowe Planning & Development Holly Ausanio Library James Rores Library 30 Years of Service Dennis Keegan Parks & Recreation Donald Melone Engineering Manuel Pandelos Gas Review Approval: 1) Clerk Meeting Date:2/17/2011 Item # 1 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: 2011 Winter Homes, Neighborhood, and Business of the Quarter SUMMARY: Meeting Date:2/17/2011 Review Approval: Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Chanukah Celebration at City Hall, 2010 SUMMARY: Meeting Date:2/17/2011 Review Approval: Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clearwater Community Sailing Center - Anne Garris SUMMARY: Meeting Date:2/17/2011 Review Approval: Cover Memo Item # 4 City Council Agenda Council Chambers - City Hall Meeting Date:2/17/2011 SUBJECT / RECOMMENDATION: Approve the minutes of the February 3, 2011 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 5 Attachment number 1 Page 1 of 11 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER February 3, 2011 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, Rod Irwin - Assistant City Manager, present: Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Patricia O. Sullivan - Board Reporter. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order - Mayor Frank Hibbard The meeting was called to order at 6:01 p.m. at City Hall. 2. Invocation I Jewish Reich , The 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Presentations - Given. 4.1 oy ay roclamtion9 February_12,2011 - iqi Jan si9 American Legion Auxiliary 4.2 Festival of Tres Mayors Chall nq Award - Joan Bates, Fe of Trees Co- hair; Dowell Bates, Festival of Trees Co-Chair; Cathy ollan9 A C Foundation Executive Director. Ms. Holland thanked the City for its support and presented the Mayor with a plaque. 4.3 Cutback owl - Chuck i sa Cutback owl oar Member Mr. Riggs thanked the City and staff for their efforts and continued support. Council 2011-02-03 Item #15 Attachment number 1 Page 2 of 11 4.4 Coast Guard City si, nation - Kathleen Peters, Clearwater Regional Chamber of Commerce Ms. Peters reviewed the Coast Guard City designation process and reported that the application for the Clearwater designation has been submitted. She thanked the city and staff for their support and efforts. 5. Approval of Minutes 5.1 Approve the minutes of the January 32 011 11 City Council Meeting as submitted in written summation y the City Clerk. Vice Mayor John Doran moved to approve the minutes of the January 13, 2011 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens Joe Paige discussed a newspaper article regarding recent red-winged black bird deaths in other states. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve the annexation, initial Future Land s p designation of Residential Low () and initial Zoning Atlas sination of Low Medium Densitv Residential 8235-11 and 236-11 on first reading. (ATA2 1 - 3,L The City of Clearwater Planning and Development Department has identified an area within the Clearwater Planning Area with a large concentration of properties with Agreements to Annex (ATAs) that are eligible for annexation. These properties are located east of U.S. Highway 19, north of S.R. 590 and south of South Drive. Subdivisions in this area include Virginia Grove Terrace, Diane Heights and Carlton Terrace. The Department has identified 189 properties in this area that could be annexed through a phased approach over the next several years. This application, which has been identified as Phase B of the overall Council 2011-02-03 Item #Z Attachment number 1 Page 3 of 11 annexation project, includes 50 of the 189 properties. Current or previous owners of these properties entered into ATAs between 1983 and 2005 to obtain sanitary sewer service. The Planning and Development Department is initiating this project to bring the properties into the City's jurisdiction in compliance with the terms and conditions set forth in the agreements. The Phase B properties are occupied by 49 detached dwellings on 10.37 acres of land. It is proposed that the abutting Diane Terrace right-of-way not currently within the city limits also be annexed. It is proposed that the 50 properties be assigned a future land use map designation of Residential Low (RL). A major drainage ditch traverses five of these properties (2740 and 2770 Terrace Drive and 1704, 1724 and 1728 Evans Drive) for which the Drainage Feature Overlay designation is proposed consistent with the ditch boundaries. It is proposed that all parcels be assigned the zoning designation of Low Medium Density Residential (LMDR) District. The Planning and Development Department has determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The properties currently receive sanitary sewer service from the City and water service from Pinellas County. Collection of solid waste will be provided by the City. The properties are 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 these properties by Station 48 located at 1700 Belcher Road. The City has adequate capacity to serve the properties with solid waste, police, fire and EMS service. Water service will continue to be provided by Pinellas County. The proposed annexations will not have an adverse effect on public facility levels of service; and The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. 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. The proposed Residential Low (RL) and Drainage Feature Overlay Future Land Use Map categories are consistent with the current Countywide Plan designation of the properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5.0 units per acre. The Drainage Feature Overlay category proposed to be applied to five properties (2740 and 2770 Terrace Drive and 1704, 1724 and 1728 Evans Drive) recognizes the drainage feature on the property but does not impact development potential. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The uses of the subject properties are consistent with the uses allowed in the Low Council 2011-02-03 Item #?b Attachment number 1 Page 4 of 11 Medium Density Residential (LMDR) District. All of the properties meet the minimum dimensional requirements of the Low Medium Density Residential (LMDR) District; therefore, the proposed annexation is consistent with the Countywide Plan, Clearwater Comprehensive Plan, and Clearwater Community Development Code; and The properties proposed for annexation are contiguous to existing City boundaries along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. Assistant City Attorney Leslie Dougall Sides said the maps in the land use 2 category were amended since Monday's work session. There should be no P designation listed. Councilmember Paul Gibson moved to amend Item 7.1 by removing the P designation from the land use 2 category on the maps. The motion was duly seconded and carried unanimously. Ordinance 8234-11 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8234-11 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. Ordinance 8235-11 was presented and read by title only. Vice Mayor John Doran moved to pass Ordinance 8235-11 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. Council 2011-02-03 Item #1b Attachment number 1 Page 5 of 11 Ordinance 8236-11 was presented and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8236-11 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 One individual spoke in opposition and two individuals spoke in support. Discussion ensued with concern expressed that an adjacent property owner was operating a business in a residential neighborhood without a license. Planning and Development Director Michael Delk said the neighborhood has many nonconforming uses. Planning and Development Assistant Director Gina Clayton said neighboring properties are too small for multiple units. The City Attorney said a vacation does not require consent by adjacent property owners; the City can vacate alleys if there is no municipal purpose. The law determines who receives ownership of vacated property; the City does not issue deeds. Ordinance 8225-10 was presented and read by title only. Councilmember Paul Gibson moved to adopt Ordinance 8225-10 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. Council 2011-02-03 Item #-'B Attachment number 1 Page 6 of 11 City Manager Reports 9. ConsentAgenda, approved as submitted less Item 9.5 9.1 Re-appoint Robert Going to a two-year term ending December 31, 2012 as a Trustee of the Clearwater Firefighters Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. (consent) 9.2 Re-appoint David Hogan as the fifth Trustee to a two-year term ending December 31, 2012 on the Clearwater Firefighters Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. (consent) 9.3 Approve the extension of a Partnership and Operational Support Agreement between the City of Clearwater and City Players, Inc., to provide for an annual summer musical production at Ruth Eckerd Hall from May 4, 2011 to May 3, 2014 and authorize the appropriate officials to execute same. (consent) 9.4 Award a contract (Purchase Order) for $202,469.00 to Southern Sewer Equipment Sales of Ft. Pierce, FL for one International 4300 M7 Chassis with Tymco Model 50OX Street Sweeper, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) 9.6 Approve a contract with HDR Engineering, Inc, an Engineer of Record, in the amount of $202,842 to perform an efficiency review of the Public Utilities Department, funding to be provided out of Water and Sewer Fund unappropriated retained earnings, and authorize the appropriate officials to execute the same. consent 9.7 Award a contract to TLC Diversified of Palmetto, FL, for the East Plant Anoxic Tank Rehabilitation Protect (09-0007-UT) in the amount of $1,210,727.10 for the base bid and bid alternate of $50,820.00 for a total contract value in the amount of $1,261,547.10, which is the lowest responsive bid received in accordance with plans and specifications; approve an Owner Direct Purchase (ODP from Philadelphia Mixing Solutions, Ltd. in the amount of $331,000.00; approve Engineer of Record (EOR) work order to Jones Edmunds and Associates, Inc. in the amount of $154,300.00 for CEI, and authorize the appropriate officials to execute same. (consent) 9.8 Ratify and confirm Change Order 4 to APAC, Southeast, Inc. of Lutz, Florida for the East Avenue Trail Connector Turner Street to Drew Street Project (09-0023- EN) in the amount of $361,672.77 to restore the East Avenue corridor due to CSX rail and tie replacement work; replace handicap curb ramps on East Avenue to meet current ADA standards; remove the southbound turn on Cleveland Street/East Avenue, due to converting southbound East Avenue to a bicycle trail; modify signage and add 342 calendar days to contract due to delays caused by the CSX Rail and Tie Replacement project. (consent) 9.9 Ratify and confirm Change Order 5 and Final to Misener Marine Construction, Inc. of Tampa, Florida for the Clearwater Harbor Marina (Downtown Boatslips Project Council 2011-02-03 Item #F5 Attachment number 1 Page 7 of 11 06-0033-MA) decreasing the contract amount by $18,681.40 for a new contract total of $11,130,330.76 and approve a time extension of 113 days for a new contract completion date of Auaust 18. 2010. 9.10 Re-appoint Frank Dame and Doreen DiPolito to the Community Development Board with the terms to expire February 28, 2015. Councilmember George N. Cretekos moved to approve the Consent Agenda as submitted, less Item 9.5, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 9.5 Award id 1-11 _(Clearwater City Hall Elevator Modernization) to Delaware Elevator of Florida, Inc. of rlano, FIL in the amount of $148,678.00 for the modernization of both traction pass ng r elevators located at City all and authorize the aoorooriat officials to execute same. (consent) The two elevators located at City Hall are original. Numerous repairs have been made and some updates were completed on the elevators. In order to extend the life of these elevators, some major changes as well as upgrades are necessary. The bid outlined the equipment that needs replacement. The City received nine bids for this project. The lowest bidder ($119,000.00) did not meet the specifications pertaining to years in business and no similar equipment replacements. The next lowest bidder ($119,500.00) included several options in order to meet the specifications, which caused their total amount to rise to $174,500.00. The third lowest bidder is the selected contractor. The Contractor will work on one elevator until complete and will make sure that one elevator is operational at all times during the modernization. The contractor will keep the noise to a minimum to prevent any disruptions to the normal activities conducted at City Hall. Upon completion of this project, both elevators will meet all current governing rules, codes and requirements. One individual spoke in opposition and expressed concern that the winning bidder has conducted business in Florida for less than the required five years. In response to questions, Solid Waste/General Services Assistant Director Rick Carnley said the parent company for Delaware Elevator of Florida, Inc. has been in business for over sixty years. The company has a satellite office in Orlando, Florida and one technician in the area for service calls. Assistant City Attorney Camilo Soto reviewed the appeal process and said the lowest bidder was informed of the appeal timeframe after being disqualified as an unresponsive bidder. Council recessed from 7:33 p.m. to 7:43 p.m. In response to a question, Mr. Carnley said if unable to respond to a service call within Council 2011-02-03 Item #T Attachment number 1 Page 8 of 11 48 hours, the company would be subject to a $150 fine per day. Discussion ensued with a suggestion made that consideration be given to increasing penalties in the future. Vice Mayor John Doran moved to award Bid 01-11 (Clearwater City Hall Elevator Modernization) to Delaware Elevator of Florida, Inc. of Orlando, FL in the amount of $148,678.00 for the modernization of both traction passenger elevators located at City Hall and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 10. Other Items on City Manager Reports 10.1 Clearwater Count Club Membershi / Parks and Recreation Director Kevin Dunbar said Greg McClimans, the current Clearwater Country Club operator, wishes to amend the contract to allow memberships and monthly payments; currently the operator cannot commit to memberships beyond April 30, 2011. Staff is pleased with the stability of the golf course and past experience of this operator. Mr. Dunbar requested permission to negotiate a long-term agreement with Mr. McClimans and issue a RFP (Request for Proposals) if discussions fail. In response to questions, Mr. Dunbar estimated a $2 million investment in the facility would be necessary in the next 10 years. The facility has to be nice enough to attract members. To break even, the number of members must double to at least 300 members. National management companies have made inquiries but want the City to offset costs if the course does not generate sufficient funds. The average 20-year contract depends on the magnitude of improvements and time needed to recoup investments. Discussion ensued with support expressed for Mr. McClimans' efforts, which have produced significant changes. It was recommended that staff work with Mr. McClimans and bring a contract to the City Council, before a RFP is issued. Two individuals spoke in support of Mr. McClimans operating the course and one individual recommended selling the course. Councilmember Paul Gibson moved to direct staff to negotiate a contract with Mr. McClimans to operate the Clearwater Country Club golf course and to allow club memberships to be sold and collected monthly. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items Council 2011-02-03 Item #6 Attachment number 1 Page 9 of 11 11. Other Council Action 11.1 n a solution The Tampa Bay Regional Planning Council (TBRPC) is requesting support for the One Bay Regional Vision, a shared regional vision for Tampa Bay. The One Bay Vision recommendations include supporting environmentally sustainable growth, protection of water resources, and energy conservation; creating jobs through sustainable economic development practices and fostering quality communities; supporting increased diversity in housing options for families and individuals; encouraging compact and mixed-use development; promoting transit and transit- oriented development; and encouraging preservation of open space and agricultural land. TBRPC Executive Director Manny Pumariega discussed development of the One Bay Regional Vision and reviewed One Bay recommendations. Discussion ensued with comments that economically viable projects need to provide a cost benefit and the plan includes best practices of other cities. Concerns were expressed that the resolution language may commit the City to make expenditures necessary to meet the stated goals. Councilmember George N. Cretekos moved to amend Section 1 of Resolution 11-06 to read, "The ONE BAY Regional Vision is supported and the City of Clearwater will work to integrate the vision's principles and recommendations into the local comprehensive plan and future growth decisions." The motion was duly seconded and carried unanimously. One individual spoke in opposition. Resolution 11-06 was presented and read by title only. Councilmember Bill Jonson moved to adopt Resolution 11-06 as amended. 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. 11.2 Environmental Advisory oar Recommendation Concerninq Dune Protection and Enforcement on Clearwater Beach. Council 2011-02-03 Item #% Attachment number 1 Page 10 of 11 Environmental Manager Ed Chesney said a countywide ordinance might not be applicable, as Pinellas County does not have a dune issue. The Florida Department of Environmental Protection (FDEP) said most of the complaints are for the 700/800 block of Eldorado Avenue. Staff has requested the State to provide notice regarding any violations. In response to questions, Mr. Chesney said the inspector visits the property and documents activity with photographs. Many of the violations being reported are due to property owners maintaining access, not for new access. The last violation was reported in November 2010. Assistant City Attorney Leslie Dougall Sides said the city has general police powers but further research is needed regarding any State preemptions. One individual spoke in support of the city enforcing dune regulations. One individual opposed the city enforcing dune regulations on private property. Discussion ensued with concerns expressed regarding the costs associated with enforcing dune regulations. The City Attorney said the City does not have the authority to enforce State statute; the City would be required to hire an expert to provide testimony regarding dune alterations increasing flood risks. Staff was directed to ask if FDEP would consider delegating legal authority to Clearwater to enforce state laws regarding dune alteration, including the collection of penalties under current law and requested staff to contact the cities of Destin and Panama City Beach for information regarding dune protection. 12. Mayor Frank Hibbard reviewed recent and upcoming events and offered condolences to survivors of Dr. William Hale and Saint Petersburg Police Officers Tom Baitinger and Jeffrey Yaslowitz. 13. Adjourn The meeting was adjourned at 9:42 p.m. Mayor City of Clearwater Attest Council 2011-02-03 Item 4(b Attachment number 1 Page 11 of 11 City Clerk Council 2011-02-03 Item 415 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:2/17/2011 Approve the proposed City of Clearwater's Substantial Amendment to the Fiscal Year 2010-2011 Consolidated Action Plan to include the Fiscal Year 2010-2011 Neighborhood Stabilization Program 3 Action Plan, accept future funding in the amount of $1,385,801 to implement Action Plan activities and authorize the appropriate officials to execute same. SUMMARY: Pursuant to federal regulations published in the Federal Register at 75 FR 64322 and regarding Title III of the Housing and Economic Recovery Act of 2008, as amended, and in accordance with Title XII of Division A of the American Recovery Act of 2009, as amended, additional funds were allocated under Section 1497 of the Wall Street Reform and Consumer Protection Act of 2010 for the Neighborhood Stabilization Program 3 (NSP 3) and those established at 24 CFR Part 91 require the City of Clearwater to amend its Fiscal Year 2010-2011 Consolidated Action Plan to incorporate the proposed Fiscal Year 2010-2011 Neighborhood Stabilization Program 3 Action Plan. The U. S. Department of Housing and Urban Development recently awarded the City of Clearwater $1,385,801 in funding through the NSP 3 Program. The NSP 3 Program is designed to stabilize neighborhoods that have been and continue to be damaged by the economic effects of properties that have been foreclosed or abandoned. The program integrated the following principals: Retain the Community Development Block Grant distinctive requirements Target and reconnect neighborhoods Rapidly arrest neighborhood decline Assure deep targeting requirements Ensure continued affordable housing Support projects that optimize economic activity Build inclusive and sustainable communities Leverage resources The NSP 3 Program has established five allowable housing strategies for funding. They include using the funds for: 1) housing-related financing mechanism, 2) acquisition and rehabilitation, 3) land banking, 4) demolition, and 5) redevelopment. It is proposed that the City use its funding in the following manner: Activity Amount # of Units Housing Related Financing Mechanism $ 350,000 6 Acquisition and Rehabilitation $ 397,221 4 Redevelopment $ 500,000 10 Administration $ 138,508 TOTAL $1,385,801 20 The City reserves the right to reallocate funding totals and number of units from one activity to another i'over orVermoto respond to market opportunities and/or meet designated timeframes for expenditures of funds. Item # 6 The target areas identified by HUD include the city-approved Neighborhood Revitalization Strategy Areas to include portions of the North Greenwood, South Greenwood, and East Gateway Strategy Areas. These funds will work similar to our current CDBG and HOME funding in that the funds are drawn down once the activity occurs. Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Review Approval: Annual Operating Cost: Total Cost: to Cover Memo Item # 6 Attachment number 1 Page 1 of 8 1. NSP3 Grantee Information NSP3 Program Administrator Contact Information Name (Last, First) Michael Holmes Email Address Michael.Holmes@myclearwater.com Phone Number 727-562-4032 Mailing Address City of Clearwater 112 South Osceola Avenue Clearwater, Florida 33756 2. Areas of Greatest Need The map generated at the HUD NSP3 Mapping Tool for Preparing Action Plan website is included as an attachment. Describe the data sources used to determine the areas of greatest need. Response: The City of Clearwater used three different data sources to determine areas with the greatest need. First the City used data from its HUD approved neighborhood revitalization strategy areas. Secondly, the City used information from a City initiated housing market analysis. The last and primary data sources were those established through the Neighborhood Stabilization Program 3 (NSP 3) Mapping Tool to determine the areas of greatest need, as identified by the U. S. Department of Housing and Urban Development (HUD). Describe how the areas of greatest need were established. Response: The City first examined areas in our neighborhood revitalization areas. The purpose was to continue to stabilize the area where the city has already invested financial resources. The City then viewed the resources outlined in Appendix A: Data Sources of the NSP Design Guidebook. From this information, the City was able to use the NSP 3 Mapping Tool to determine neighborhoods with the greatest need by mapping a wide range of areas. The Mapping Tool provided the score ranges for areas with the greatest need. The City chose the areas with the highest targeted scores of 19 and 20 and areas where the amount of NSP 3 allocation can address the needs to stabilize the neighborhoods. Additionally, the City targeted areas where there has been prior investment through the National Stabilization Program 2 (NSP 2). The City has determined that projects in the following areas may qualify to receive assistance: Item # 6 Attachment number 1 Page 2 of 8 Stevens Creek/North Greenwood Area The Stevens Creek/North Greenwood Area was selected to continue the city's efforts to stabilize the community. The City's initial investment in the area was in February 2008 when the Clearwater Housing Authority received permission from HUD to sell its deteriorated Homer Villa Public Housing Complex. Through the efforts of the City and Pinellas County, we were able to assist Habitat for Humanity of Pinellas County in obtaining ownership of the 9.8 acre parcel of land. The City contributed $725,000 toward the acquisition and demolition. Pinellas County provided $1.425 million dollars for land acquisition, engineering and site construction. As the property lay vacant, the City again partnered with Pinellas County to identify a financing strategy to build 51 new single-family homes on the vacant property. This redevelopment project will have an estimated $8.415 million dollar project cost. The project will provide housing opportunities for fifty-one Habitat for Humanity families with income between 30% and 80% of area median income. Funding through the NSP 2 Program provided a construction loan in the amount of $2.340 million dollars to build 18 new housing units. The East Gateway Area The East Gateway Area was selected to continue the efforts made when the City established it as a HUD Neighborhood Revitalization Strategy Area. Through the efforts identified in the five year strategy, the area will continue to be developed as a low to medium density residential neighborhood supported with housing, neighborhood commercial and professional offices. To help redevelop this community, the City has established and funded a Facade and Building Improvement Program to provide incentives to businesses for public-private investment. The City committed $80,000 as redevelopment stimulus through the Community Development Block Grant - Recovery Program. An additional $142,000 was provided through the Recovery Program in this area for side walk improvements. In housing development, the City hopes to turn a $700,000 Community Development Block Grant Program loan into a $7 million dollar investment in affordable housing for this area. The planned development, Country Club Homes, includes 31 new affordable townhomes. NSP 2 funding in the amount of $1.5 million dollars will be used as construction financing to begin building of the community project. The homes include three bedrooms, 2.5 bathrooms and two car garages. Recently, the City purchased a dilapidated hotel that was an eye sore in the community and a place of many Police calls for service. The City purchased the property for $1.675 million dollars with funding through the Community Redevelopment Agency. The 2.2 acre property was demolished and land banked for future redevelopment. South Greenwood Area The City is continuing their efforts to rehabilitate homes and develop infill housing in the South Greenwood Area. In FY 2009-2010 the City provided funding for two infill housing loans, two down payment assistance loans, and one rehabilitation loan. In 2004, utilizing $2.9 million dollars in general funds, the City built an aquatic/recreation complex, a skateboard park, a fishing pier on Lake Belleview and new baseball fields. In 2008, utilizing $200,000 raised from grants and corporate sponsors, the City partnered with an international organization, Let Them Be Kids, to design and construct a playground at the Ross Norton Recreation Complex. In 2010, utilizing $1.8 million in general funds, the City completed the Lake Belleview Stormwater Improvement project that included major improvements to Lakeview Road. In 2010, renovations were completed at the Ross Norton Baseball Fields to include bullpens, sod, irrigation and the reworking of the pitching mounds. In 2010, plans were being developed to install Item # 6 Attachment number 1 Page 3 of 8 traffic calming devices throughout South Greenwood per the request of the neighborhood to improve safety for pedestrians. The City of Clearwater is in the process of partnering with Pinellas County Community Development Department for the acquisition of Norton Apartments utilizing funding through the NSP 2 Program. This $1.8 million dollar investment in a foreclosure acquisition helped to save 48 Housing Choice Vouchers from expiring and will provide rental opportunities for 48 low to moderate income families. 3. Definitions and Descriptions Term Definition Blighted Structure Blighted structures are a structure(s) that exhibit objectively determinable sign of deterioration sufficient to constitute a threat to human health, safety, and public welfare. Affordable Rents HOME program standards can be used as a safe harbor, but if an alternative standard is applied it must be equal to or exceed the HOME standard. Affordable rents are defined by the HUD Fair market rents published annually by HUD for the Tampa, St. Petersburg SMSA. The FY 2010 Fair Market Rates are as follows: 0 Bedroom $714 1 Bedroom $793 2 Bedroom $959 3 Bedroom $1,215 4 Bedroom $1,467 Term Definition Long-Term Affordability Continued affordability that at a minimum is at least as strict as the HOME program standards at 24 CFR 92.252(a), (c), (e), and (f), and 92.254. HOME program standards can be used as a safe harbor, but if an alternative standard is applied it must be equal to or exceed the HOME standard. Housing Rehabilitation he rehabilitation and new construction standards that will apply for NSP- Standards assisted projects must be included in the Action Plan. Specifically, HUD requires that: 0 All gut rehabilitation or new construction (i.e., general replacement of the interior of a building that may or may not include changes to structural elements such as flooring systems, columns or load bearing interior or exterior walls) of residential buildings up to three stories must be designed to meet the standard for Energy Star Qualified New Homes. Item # 6 Attachment number 1 Page 4 of 8 All gut rehabilitation or new construction of mid -or high-rise multifamily housing must be designed to meet American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) Standard 90.1-2004, Appendix G plus 20 percent (which is the Energy Star standard for multifamily buildings piloted by the Environmental Protection Agency and the Department of Energy). Other rehabilitation must meet these standards to the extent applicable to the rehabilitation work undertaken, e.g., replace older obsolete products and appliances (such as windows, doors, lighting, hot water heaters, furnaces, boilers, air conditioning units, refrigerators, clothes washers and dishwashers) with Energy Star-46 labeled products. Water efficient toilets, showers, and faucets, such as those with the WaterSense label, must be installed. Where relevant, the housing should be improved to mitigate the impact of disasters (e.g., earthquake, hurricane, flooding, fires). HUD also encourages the adoption of energy efficient and environmentally-friendly green elements as part of NSP3 program design. Attachment C to the NSP3 Notice describes in more detail how energy efficient and environmentally-friendly green elements can be incorporated and additional tools on incorporating green rehabilitation standards can be found on the NSP Resource Exchange at www.hu.ovJnsta. 4. Low-Income Targeting Enter the low-income set-aside percentage in the first field. The field for total funds set aside will populate based on the percentage entered in the first field and the total NSP3 grant. Identify the estimated amount of funds appropriated or otherwise made available under the NSP3 to be used to provide housing for individuals or families whose incomes do not exceed 50 percent of area median income. Response: Total low-income set-aside percentage (must be no less than 25 percent): 25.00% Total funds set aside for low-income individuals = $346,450 Provide a summary that describes the manner in which the low-income targeting goals will be met. Response: The City will work with Habitat for Humanity, Inc. to provide homebuyers below 50% of area median Item # 6 Attachment number 1 Page 5 of 8 income and will work with other local non-profit housing providers to provide permanent rental housing units for individuals and families with income below 50% of area median income. Acquisition Does the grantee intend to demolish or convert any low- and moderate-income dwelling units (i.e., <_ 80% of area median income)? No If yes, fill in the table below. Question Number of Units The number of low- and moderate-income dwelling units-i.e., <_ 80% of area median income-reasonably expected to be demolished or converted as a direct result of NSP-assisted activities. 0 The number of NSP affordable housing units made available to low-, moderate-, and middle-income households-i.e., <_ 120% of area median income-reasonably expected to be produced by activity and income level as provided for in DRGR, by each NSP activity providing such housing (including a proposed time schedule for commencement and completion). 14 The number of dwelling units reasonably expected to be made available for households whose income does not exceed 50 percent of area median income. 6 6. Public Comment Briefly describe how the grantee followed its citizen participation plan regarding this proposed substantial amendment or abbreviated plan. Response: The City of Clearwater will place an advertisement in the local newspaper 15 days before the public meetings concerning its NSP 3 Action Plan. The Plan will be available for viewing at the City of Clearwater's Housing Division, local libraries, City Clerk's office and online at the housing division website. The City will hold two public meetings (hearings) to obtain citizen comments. One meeting will be held on February 8, 2011 with the Neighborhood and Affordable Housing Advisory Board and on February 17, 2011 before the Clearwater City Council. The summary of public comments received is included as an attachment. 7. NSP Information by Activity Enter each activity name and fill in the corresponding information. If you have fewer than seven activities, please delete any extra activity fields. (For example, if you have three activities, you should Item # 6 Attachment number 1 Page 6 of 8 delete the tables labeled "Activity Number 4," "Activity Number 5," "Activity Number 6," and "Activity Number 7." If you are unsure how to delete a table, see the instructions above. The field labeled "Total Budget for Activity" will populate based on the figures entered in the fields above it. Consult the NSP3 Program Design Guidebook for guidance on completing the "Performance Measures" component of the activity tables below. Activity Number 1 Activity Name City of Clearwater NSP 3 Loan Program Selec t all that apply: X Eligible Use A: Financing Mechanisms [] Eligible Use B: Acquisition and Rehabilitation Uses ? Eligible Use C: Land Banking ? Eligible Use D: Demolition ? Eligible Use E: Redevelopment CDBG Activity or Under the provisions at section 570.201(n), the City or its subrecipients may Activities provide financial assistance to low and moderate income households to assist in the purchase of a home. National Objective LMMH • The City may use the funds to subsidize interest rates and mortgage principal amounts, including making a grant to reduce the effective interest rate on the amount needed by the purchaser to an affordable level. In addition, the City may make a subordinate loan for part of the purchase price, at little or no interest, for an amount of funds the payments on which, together with that required under the first mortgage, would be affordable to the purchaser. • The City may pay any or all of the reasonable closing costs associated Activity Description with the home purchase on behalf of the purchaser. • The City may pay up to 50% of the down payment required by the mortgagee for the purchase on behalf of the purchaser. • The City may use the funds to finance multi-family housing projects. • Funds may also be provided for activity delivery costs. • The amount provided will not be more than the appraised value of the housing unit. • The City will use the requirements of the HOME Program for affordability. Location Description The location for the projects will be in the areas identified in this plan for the areas of greatest need. Source of Funding Dollar Amount B d NSP3 $350,000 u get (Other funding source) $ (Other funding source) $ Total Budget for Activity $350,000 Performance Measures The City anticipates that it will provid e no more than $50,000 per unit for this Item # 6 Attachment number 1 Page 7 of 8 activity. The activity is expected to produce 6 units in which the incomes will be from less than 50% to 120% of area median income. Projected Start Date Date of award (approximately June 2011) Projected End Date Date of award plus three years (approximately June 2014) City of Clearwater Economic Name Development and Housing Department Responsible Location 112 South Osceola Avenue i i O Clearwater, Florida rgan zat on Administrator Contact Info Michael Holmes 727-562-4032 Michael.Holmes@myclearwater.com Activity Number 2 Activity Name City of Clearwater NSP 3 Purchase/Rehabilitation Program Selec t all that apply: ? Eligible Use A: Financing Mechanisms X Eligible Use B: Acquisition and Rehabilitation Use ? Eligible Use C: Land Banking ? Eligible Use D: Demolition ? Eligible Use E: Redevelopment CDBG Activity or Acquisition, disposition and direct homeownership assistance is provided Activities under Section 24 CFR 570.201 and rehabilitation is provided through 24 CFR 570.202. National Objective LMMH • The City anticipates that it would use these funds to purchase foreclosed or abandoned properties, rehabilitate them and resell them to families with incomes between 30 to 120 percent of the area Activity Description median income. Rental units may also be purchased, rehabilitated and marketed through not-for-profit agencies who would rent the units in accordance with HOME Program regulations. • HOME Program rules would also apply for affordability and length of affordability. Location Description The location for the projects will be in the areas identified in this plan for the areas of greatest need. Source of Funding Dollar Amount NSP3 $397,220 Budget (Other funding source) $ (Other funding source) $ Total Budget for Activity $397,220 The City or its subrecipients will use the funds to purchase up to 4 single Performance Measures family homes that has been foreclosed or abandoned. The homes will be rehabilitated and sold to an eligible homebuyers. Projected Start Date Date of award (approximately June 2011) Projected End Date Date of award plus three years (approximately June 2014) Responsible Name City of Clearwater Economic i i Development and Housing Department Organ zat on Location 112 South Osceola Avenue Item # 6 Attachment number 1 Page 8 of 8 Clearwater, Florida 33756 Administrator Contact Info Michael Holmes 727-562-4032 Michael.Holmes@myclearwater.com Activity Number 3 Activity Name City of Clearwater NSP 3 Redevelopment Program S ele ct all that apply: ? Eligible Use A: Financing Mechanisms ? Eligible Use B: Acquisition and Rehabilitation Use ? Eligible Use C: Land Banking ? Eligible Use D: Demolition X Eligible Use E: Redevelopment CDBG Activity or The location for the projects will be in the areas identified in this plan for the Activities areas of greatest need. Acquisition, disposition and direct homeownership assistance is provided National Objective under Section 24 CFR 570.201 and rehabilitation is provided through 24 CFR 570.202. • The City will provide funding to subrecipients and developers to redevelop demolished or vacant properties, including vacant land. This activity will result in housing opportunities for homebuyers Activity Description and/or tenants with incomes between 30% and 120% of area median income. • The City will use the HOME Program guidelines for affordability requirements. Location Description The location for the projects will be in the areas identified in this plan for the areas of greatest need. Source of Funding Dollar Amount NSP3 $500,000 Budget (Other funding source) $ (Other funding source) $ Total Budget for Activity $500,000 Performance Measures The City anticipates that the project will provide housing opportunities to 10 low to moderate income families. The units may be rental or owner-occupied. Projected Start Date Date of award (approximately June 2011) Projected End Date Date of award plus three years (approximately June 2014) Name City of Clearwater Economic Development and Housing Department Responsible Location 112 South Osceola Avenue i i O Clearwater, Florida 33756 rgan zat on Administrator Contact Info Michael Holmes 727-562-4032 Michael.Holmes@myclearwater.com Item # 6 City Council Agenda Council Chambers - City Hall Meeting Date:2/17/2011 SUBJECT / RECOMMENDATION: Rescind Ordinances 8303-10, 8304-10 and 8305-10 and pass Ordinance 8243-11 on first reading. (ANX2010-05002 Corrective) SUMMARY: Annexation case ANX2010-05002, involving property located on the west side of Landmark Drive, approximately 650 feet south of Marlo Boulevard and directly south of Chautauqua Park East, was passed on second reading by City Council on September 9, 2010. Subsequently, it was brought to the Planning and Development Department's attention that the physical address assigned to the subject property (2271 Landmark Drive) was incorrect. City legal staff advised that the ordinances concerning the annexation would need to be rescinded and replaced. New ordinances pertaining to the annexation of the subject property will be brought to City Council for consideration upon the repeal of the original ordinances. Review Approval: Cover Memo Item # 7 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8243-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RESCINDING ORDINANCES NOS. 8203-10, 8204-10 AND 8205- 10; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater previously adopted Ordinance Nos. 8203-10, 8204-10 and 8205-10, effective September 9, 2010, which annexed certain property stated to be located at 2270 Landmark Drive; and designated a Comprehensive Plan land use category of Recreation/Open Space and a Zoning District of Open Space/Recreation upon annexation; and WHEREAS, the mailing address stated in said Ordinances was incorrect, the correct address actually being 2270 Landmark Drive; and WHEREAS, it is thus necessary to rescind the annexation, comprehensive plan amendment/designation and zoning designation in order that they be readopted by means of the proposed Ordinances Nos. 8203-10, 8204-10 and 8205-10; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Ordinance Nos. 8203-10, 8204-10 and 8205-10 are hereby rescinded, and shall be of no further force and effect. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Ordinance No. M248417 ?- Meeting Date:2/17/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Recreation/Open Space (R/OS) and initial Zoning Atlas designation of Open Space/Recreation (OS/R) District for 2270 Landmark Drive (East 965 feet of North 1/2 of Southeast L/4 of Section 32, Township 28 South, Range 16 East, less roads on North, East and South); and pass Ordinances 8240-11, 8241-11 and 8242-11 on first reading. (ANX2010-05002 Corrective) SUMMARY: Annexation case ANX2010-05002 was passed on second reading by City Council on September 9, 2010. The associated ordinances have since been repealed due to an error in the physical address assigned to the parcel. Corrected ordinances replacing the repealed ordinances are provided herewith for consideration by City Council. The voluntary annexation petition involves a 26.993-acre property consisting of one vacant parcel of land. It is located on the west side of Landmark Drive approximately 650 feet south of Marlo Boulevard and directly south of Chautauqua Park East. The applicant (City of Clearwater) is requesting an annexation of the subject property, which was purchased by the City in 2009 for development as an equestrian park. The Planning and Development Department is requesting that the 2.00 acres of abutting North Drive and Landmark Drive rights-of-way not currently within the city limits also be annexed. The property is contiguous to existing city boundaries to the north, south and east. It is proposed that the property be assigned a Future Land Use Map designation of Recreation/Open Space (R/OS) and a zoning category of Open Space/Recreation (OS/R). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The City will provide domestic water and sanitary sewer lines to the property when necessary to support any permanent structures on the site. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 50 located at 2681 Countryside Boulevard. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 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. The proposed R/OS Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits public/private open spaces, parks and recreation fMtftiv?.?he proposed zoning district to be assigned to the property is the Open Space/Recreation (OS/R) District. The proposed use of the subject property is consistent with the uses allowed in the OS/R District and the?WIM4 exceeds the District's minimum dimensional requirements. The proposed annexation is therefore 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 north, south and east; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 8 Attachment number 1 Page 1 of 7 ?aE r? ?? Gr y _ ...p [? a ?- H.4•,1,RxrLL DR ?/ '•+?`? DEER RUN N .nliart?.m ut s _ 7 L EASTLAND F3L4`G ?:.•. ?' E 1. 5 /N°? v = a a C a • F• a (I Si.i E.E:TUU1 C?Pr'.- 13? rnj Dr ? ?? ?.. ? ?nER RUN S n E •' ••' ENTER F'RI SE. FOURTH THIRD =3i E. H RST 9,E N d LN n': E ^a TH EX.-a FOURTH L?••,•:?. ;-: ?p rtn.CcJRrtdIG K ,dmrm RE.O-F'I'rr o CH.::IJC.E.RI' LL CIE C-TN DR. FG _ U f Chet N _ ETIA11 CI LOCATION MAP Owner: City of Clearwater Case: ANX2010-05002 Corrective Property Size Site: 2270 Landmark Drive (Acres): 26.993 + 2.00 Acres ROW Land Use From : R/OS To: R/OS Zoning A-E PIN: OS/R Atlas Page: 244B 32-28-16-00000-410-0100 S:APlanning Department\C D B\Annexations (ANX)AANX - 2010\ANX2010-05002 - 2271 Landmark Drive - City of Clearwater\Corrected Address - 2270 Landmark DriveAMaps\ANX2010-05002 Corrective LCEC.docx Item # 8 Attachment number 1 Page 2 of 7 Y 4 L ' . ? ¢ ?Y 2 _ IS i I I 11Y ti kki ?; - p 1 . I _ .J • I 'r` .fir'. '??? \ . -- '.w - f^f `._ •?' - 'li i1¢ 'S F tyk ' II t V -? ? r? L P S r a >• Ja , - All. ' i. --.,,• A p -? 3 1 _J 1, % a r tr ` ? ?? ? -- p , p M LE NA C7' "nI? I ? I?iR ``+1w?dld?ll4?.' ? 7.a} •I - s 1 r ,` ?? r .4 c I x3 ?•e.: AERIAL MAP Owner: City of Clearwater Case: ANX2010-05002 Corrective Property Size Site: 2270 Landmark Drive (Acres): 26.993 + 2.00 Acres ROW Land Use Zoning PIN: 32-28-16-00000-410-0100 From : R/OS A-E To: R/OS OS/R Atlas Page: 244B S:APlanning Department\C D B\Annexations (ANX)AANX - 2010\ANX2010-05002 - 2271 Landmark Drive - City of Clearwater\Corrected Address - 2270 Landmark DriveAMaps\ANX2010-05002 Corrective AERIAL.docx Item # 8 Attachment number 1 Page 3 of 7 a M O Ma n d?,,s c ,3 Lm `O G ® N t D ,a '7 -1 T2" 2 3 6 12 1, Q ° O C M T M M M M M 2329 2324 e 2312 0 ^ap 41 1 A_c - A_ - 2307 s O M ^? F y Mp „p o b a `y gyp p' ?n sM z O rO M 2976- 0 2270 0 0 226 2268 2263 s co 0 • 261 2262 11 6 0 0 0 2 55 22 55 2256 2257 0 0 M . ;.• 2249 51 v ..:::: .:•..: 2243 2244 2245 j 01 2237 " 239 z C.4 2 R 2235 M o .-•.---:..: is is=l=. .2 231 Q ,y 2 ? o O M M 210 M N O z4"1 01 N zy"1 O Lr) M O zqy tF 9 M R O M - - - - - - - - - -.. i I co O .O tF N O b z Lr) ? >0 i O 2 O M O M N O M O tF O O M i M M M i ^ N p r a9 ? N M O ? ,o O M s M L s J M z , Me' . _ _ _ 1 21 27 21 za 21 ., N O - - tip N 287 194 1 2' 21 z 221 : 0 2B 0 27 '421 zz 2' z s - - - .... .: . ... : . . NM co N _ N N N N asie R HAN ER ^ n n Y LN N PROPOSED ANNEXATION MAP Owner: City of Clearwater Case: ANX2010-05002 Corrective Property Size Site: 2270 Landmark Drive (Acres): 26.993 + 2.00 Acres ROW Land Use Zoning From : R/OS A-E PIN: 32-28-16-00000-410-0100 To: R/OS OS/R Atlas Page: 244B S:APlanning Department\C D B\Annexations (ANX)AANX - 2010\ANX2010-05002 - 2271 Landmark Drive - City of Clearwater\Corrected Address - 2270 Landmark DriveAMaps\ANX2010-05002 Corrective PROP.docx Item # 8 Attachment number 1 Page 4 of 7 L R/OS 23121 IRlos 2397 n 2263 71''189 L 22391 l I? i ?" I A-1 I I i m 1 FUTURE LAND USE MAP Owner: City of Clearwater Case: ANX2010-05002 Corrective Property Size Site: 2270 Landmark Drive (Acres): 26.993 + 2.00 Acres ROW Land Use Zoning From : R/OS A-E PIN: To: R/OS OS/R Atlas Page: 244B 32-28-16-00000-410-0100 S:APlanning Department\C D B\Annexations (ANX)AANX - 2010\ANX2010-05002 - 2271 Landmark Drive - City of Clearwater\Corrected Address - 2270 Landmark DriveAMaps\ANX2010-05002 Corrective FLU.docx Item # 8 Attachment number 1 Page 5 of 7 7 "T Y OSIR 7812 , 2397 I - PA L z27,,0 226 2 2? 2263 77261 2 262 8~169 - 71255 8257 8249 ' 2 250 71251 is.'...•`.`'%:i-:•:.'-:...•`.`>•-.•r:-.l:i-:i;.:'-:.:-`':?:!}: ?:',;:;:.:i.:i::`:?:-•`.'• .:.•.Gi. :•::':.-•:'•'::'•!?•..-•. ... '-•.? • .-.:`r.:r.:.:•::'.:?•:••'-??:-=r:.r. FlS?R :....:....•.:..:.•::....:.. - 71243 _ 2 244 8245 :• •• 71237 ' B239 : : • 71231 N ' 225 N M ??vv F? ? : . : t? ? M M a N L V O R 94 2712 5 CHANCERY LAN m, ZONING MAP Owner: City of Clearwater Case: ANX2010-05002 Corrective Property Size Site: 2270 Landmark Drive (Acres): 26.993 + 2.00 Acres ROW Land Use From : R/OS To: R/OS Zoning A-E PIN: 32-28-16-00000-410-0100 OS/R Atlas Page: 244B S:APlanning Department\C D B\Annexations (ANX)AANX - 2010\ANX2010-05002 - 2271 Landmark Drive - City of Clearwater\Corrected Address - 2270 Landmark DriveAMaps\ANX2010-05002 Corrective ZONE.docx Item # 8 Attachment number 1 Page 6 of 7 a M O Ma n d?,,s c ,3 Lm `O G ® N t D ,a '7 -1 T2" 2 3 6 1 2 1, Q ° O C M T M M M M M 2329 2324 City Park 2312 0 ?Op 411 A_•_? - A_ p o 2307 s O M y^? F Mp „o o b a `y gyp p' ?n sM z N r 1 ?r O O M V .V M 2976- V 2270 0 226 1 G 4 2263 o _ c • o 0 0 0 2261 2 2269 M 0 2255 6 2257 M 2249 ti Paz •2.2 51 .1 gro u. : ; ;. •: •. •... 2243 r? 4 3245 . oA a-. .: :•: .•.. gr 2237 ? 8 2 a2 39 z, o zbo O o • . :.. • •:. •. • .. 2 231 ?l;• o O M t? 0 M N O z4"1 01 N O y"1 M O qy tF 9 M I? R O M - - - - - - - .. i O I O O R N O b s O M O 2 O M N O M O tF O O M i M M M I O r N ias 01 ? N I? M i O ? ,o O L M J M , Me' L zy zr ze 21- • . . N - C,j ... " • 2$' N in le a»iih, Resi n 'al 21 z 21 27 zz z s - - - .... .: . ... : . . c'I O N N N N s e R; HAN ER Y LN N EXISTING SURROUNDING USES MAP Owner: City of Clearwater Case: ANX2010-05002 Corrective Property Size Site: 2270 Landmark Drive (Acres): 26.993 + 2.00 Acres ROW Land Use Zoning From : R/OS A-E PIN: 32-28-16-00000-410-0100 To: R/OS OS/R Atlas Page: 244B S:APlanning Department\C D B\Annexations (ANX)AANX - 2010\ANX2010-05002 - 2271 Landmark Drive - City of Clearwater\Corrected Address - 2270 Landmark DriveAMaps\ANX2010-05002 Corrective EXIST.docx Item # 8 ?H F? r 5 ?F y ' % 4 ry .GC F t s J4 i?yx k i r rp 4 ? 14 5 ? ?? 1y' i 3S ? Y l V •? " 4? 4i ie :A ,.. Y?.1, 'fi`b v.? - ?.r _.'+N Photog raphs representative of the undeveloped parcel. Y- y! -y3 T ? Attachment number 1 Page 7of7 i LET - . ' ?t p ' 1{ w tfi 4 1 Y ?J,.1 alai ANX2010-05002 Corrective City of Clearwater 2270 Landmark Drive Item # 8 Attachment number 2 Page 1 of 2 ORDINANCE NO. 8240-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF LANDMARK DRIVE APPROXIMATELY 650 FEET SOUTH OF MARLO BOULEVARD, DIRECTLY SOUTH OF CHAUTAUQUA PARK EAST, CONSISTING OF A PORTION OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2270 LANDMARK DRIVE, TOGETHER WITH ABUTTING RIGHT-OF-WAY ON THE NORTH SIDE OF SUBJECT PARCEL AND THE RIGHT-OF- WAY OF LANDMARK DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: The east 965.08 feet of the North'/2 of the Southeast'/4 of Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, less the South 33 feet thereof; also less the East 33 feet thereof; also less the North 33 feet thereof, all as conveyed to Pinellas County for public road by Quit Claim Deed recorded March 21, 1960 in O.R. Book 857, Page 544, Public Records of Pinellas County, Florida, together with abutting right-of-way on the north side of subject parcel and the right-of-way of Landmark Drive. (ANX2010-05002 Corrective) The map or maps attached as Exhibit(s) are hereby incorporated by reference. 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. Item # 8 Ordinance No.8240 -11 Attachment number 2 Page 2 of 2 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 Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 8 Ordinance No.8240 -11 Attachment number 3 Page 1 of 2 ORDINANCE NO. 8241-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF LANDMARK DRIVE APPROXIMATELY 650 FEET SOUTH OF MARLO BOULEVARD, DIRECTLY SOUTH OF CHAUTAUQUA PARK EAST, CONSISTING OF A PORTION OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2270 LANDMARK DRIVE, TOGETHER WITH ABUTTING RIGHT-OF-WAY ON THE NORTH SIDE OF SUBJECT PARCEL AND THE RIGHT-OF-WAY OF LANDMARK DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RECREATION/OPEN SPACE (R/OS); 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 east 965.08 feet of the North Recreation/Open Space (R/OS) '/2 of the Southeast'/4 of Section 32, Township 28 South, Range 16 East, Pinellas County, Florida less the South 33 feet thereof; also less the East 33 feet thereof, also less the North 33 feet thereof, all as conveyed to Pinellas County for public road by Quit Claim Deed recorded March 21, 1960 in O.R. Book 857, Page 544, Public Records of Pinellas County, Florida; together with abutting right-of-way on the north side of subject parcel and the right- of way of Landmark Drive. (ANX2010- 05002 Corrective) The map or maps attached as Exhibit(s) are hereby incorporated by reference. Item # 8 Ordinance No. 8241-10 Attachment number 3 Page 2 of 2 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. 8240 -11. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 8 Ordinance No. 8241-10 Attachment number 4 Page 1 of 2 ORDINANCE NO. 8242-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF LANDMARK DRIVE APPROXIMATELY 650 FEET SOUTH OF MARLO BOULEVARD, DIRECTLY SOUTH OF CHAUTAUQUA PARK EAST, CONSISTING OF A PORTION OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST,WHOSE POST OFFICE ADDRESS IS 2270 LANDMARK DRIVE, TOGETHER WITH ABUTTING RIGHT-OF-WAY ON THE NORTH SIDE OF SUBJECT PARCEL AND THE RIGHT- OF-WAY OF LANDMARK DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS OPEN SPACE/RECREATION (OS/R); 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 east 965.08 feet of the North '/2 of the Open Space/Recreation (OS/R) Southeast'/4 of Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, less the South 33 feet thereof; also less the East 33 feet thereof; also less the North 33 feet thereof, all as conveyed to Pinellas County for public road by Quit Claim Deed recorded March 21, 1960 in O.R. Book 857, Page 544, Public Records of Pinellas County, Florida; together with abutting right-of-way on the north side of subject parcel and the right-of-way of Landmark Drive. (ANX2010- 05002 Corrective) The map or maps attached as Exhibit(s) are hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Item # 8 Ordinance No. 8242-11 Attachment number 4 Page 2 of 2 Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8240-10. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 8 Ordinance No. 8242-11 ?- Meeting Date:2/17/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8234-11 on second reading, annexing certain real property whose post office addresses are 1809 and 1836 Diane Drive, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790, and 2791 Diane Terrace, 1724, 1765, and 1772 El Trinidad Drive East, 1704, 1721, 1724, 1725, 1728, 1733, and 1737 Evans Drive, 1721, 1724, 1747, and 1750 Grove Drive, 1717, 1740, and 1747 Lucas Drive, 1817 and 1831 Marilyn Drive, 1813, 1819, 1824, and 1831 Skyland Drive, 2740, 2751, 2759, and 2770 Terrace Drive, 1704, 1721, 1729, 1737, and 1755 Thomas Drive, together with abutting right of way of Diane Terrace, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: Cover Memo Item # 9 Attachment number 1 Page 1 of 5 ORDINANCE NO. 8234-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF US HIGHWAY 19 NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1809 AND 1836 DIANE DRIVE, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790 AND 2791 DIANE TERRACE, 1724, 1765 AND 1772 EL TRINIDAD DRIVE EAST, 1704, 1721, 1724, 1725, 1728, 1733 AND 1737 EVANS DRIVE, 1721, 1724, 1747 AND 1750 GROVE DRIVE, 1717, 1740 AND 1747 LUCAS DRIVE, 1817 AND 1831 MARILYN DRIVE, 1813, 1819, 1824, AND 1831 SKYLAND DRIVE, 2740, 2751, 2759 AND 2770 TERRACE DRIVE, 1704, 1721, 1729, 1737 AND 1755 THOMAS DRIVE, TOGETHER WITH ABUTTING RIGHT OF WAY OF DIANE TERRACE, 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 owners of the real properties described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See legal description attached hereto as Exhibit A. (ATA2010-09003) The map or maps attached as Exhibit(s) are hereby incorporated by reference. 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 properties. The City Engineer, the City Clerk and the Planning Director are directed to include and show the properties described herein upon the official maps and records of the City. Item # 9 Ordinance No. 8234-11 Attachment number 1 Page 2 of 5 Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the Exhibits 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 AS AMENDED Approved as to form: Attest: Frank V. Hibbard Mayor Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 9 Ordinance No. 8234-11 Attachment number 1 Page 3 of 5 Exhibit A LEGAL DESCRIPTION ATA2010-09003 (Phase B ATAs) ADDRESS PROPERTY PARCEL ID (PC PID) 1809 DIANE DR 05-29-16-13554-010-0090 1836 DIANE DR 05-29-16-13554-009-0160 Lot 9, Block J, Lot 16, Block I, Carlton Terrace First Addition as recorded in Plat Book 43 on Page 39, of the Public Records of Pinellas County, Florida. 2762 DIANE TERR 2763 DIANE TERR 2766 DIANE TERR 2767 DIANE TERR 2770 DIANE TERR 2771 DIANE TERR 2774 DIANE TERR 2775 DIANE TERR 2778 DIANE TERR 2779 DIANE TERR 2782 DIANE TERR 2783 DIANE TERR 2786 DIANE TERR 2787 DIANE TERR 2790 DIANE TERR 2791 DIANE TERR 05-29-16-21092-000-0160 05-29-16-21092-000-0010 05-29-16-21092-000-0150 05-29-16-21092-000-0020 05-29-16-21092-000-0140 05-29-16-21092-000-0030 05-29-16-21092-000-0130 05-29-16-21092-000-0040 05-29-16-21092-000-0120 05-29-16-21092-000-0050 05-29-16-21092-000-0110 05-29-16-21092-000-0060 05-29-16-21092-000-0100 05-29-16-21092-000-0070 05-29-16-21092-000-0090 05-29-16-21092-000-0080 Lots 1 thru 16, Diane Heights Replat as Recorded in Plat Book 90 on page 5, of the Public Records of Pinellas County, Florida together with abutting right of way of Diane Terrace. 1724 EL TRINIDAD DR E. 05-29-16-94320-002-0070 1765 EL TRINIDAD DR E. 05-29-16-94320-001-0130 1772 EL TRINIDAD DR E. 05-29-16-94320-002-0150 West 100 Ft of Lot 13, Block 1, Lot 7 and Lot 15, Block 2 Virginia Grove Terrace as Recorded in Plat Book 37 on page 29, of the Public Records of Pinellas County, Florida. 1704 EVANS DR 1721 EVANS DR 1724 EVANS DR 1725 EVANS DR 1728 EVANS DR 1733 EVANS DR 1737 EVANS DR 05-29-16-94392-007-0020 05-29-16-94392-006-0250 05-29-16-94392-007-0070 05-29-16-94392-006-0240 05-29-16-94392-007-0080 05-29-16-94392-006-0220 05-29-16-94392-006-0210 Lots 2 and 3, Lots 7 and 8 Block 7, Lot 24, Lot 25, Lot 22 less North 15 Ft, North 7.5 Ft of Lot 23, Lot 21 and North 15Ft of Lot 22, Block 6, Virginia Grove Terrace Fourth Addition as Recorded in Plat Book 37 on page 75, of the Public Records of Pinellas County, Florida. Page 1 of 2 Item # 9 Attachment number 1 Page 4 of 5 ExhibitA 1721 GROVE DR 1724 GROVE DR 1747 GROVE DR 1750 GROVE DR 2759 TERRACE DR 2770 TERRACE DR 05-29-16-94338-002-0250 05-29-16-94338-004-0070 05-29-16-94338-002-0190 05-29-16-94338-004-0130 05-29-16-94338-004-0150 05-29-16-94338-003-0030 Lots 25 and 19, Block 2, Lot 3, Block 3, Lots 7, 13, and 15, Block 4, Virginia Grove Terrace First Addition as Recorded in Plat Book 37 on page 62, of the Public Records of Pinellas County, Florida. 1717 LUCAS DR 05-29-16-94374-005-0260 1740 LUCAS DR 05-29-16-94374-006-0110 1747 LUCAS DR 05-29-16-94374-005-0190 Lots 26, 27, and 19, Block 5, Lot 11, Block 6, Virginia Grove Terrace Third Addition as Recorded in Plat Book 37 on page 74, of the Public Records of Pinellas County, Florida. 1817 MARILYN DR 1831 MARILYN DR 1813 SKYLAND DR 1819 SKYLAND DR 1824 SKYLAND DR 1831 SKYLAND DR 05-29-16-13554-008-0050 05-29-16-13554-008-0030 05-29-16-13554-009-0070 05-29-16-13554-009-0060 05-29-16-13554-008-0130 05-29-16-13554-009-0040 Lot 5, Lot 3 less South 5 Ft, Lot 13, Block H, Lot 7, North 16 Ft of Lot 8, Lot 6, Lot 4, Block I, Carlton Terrace First Addition as recorded in Plat Book 43 on Page 39, of the Public Records of Pinellas County, Florida. 2740 TERRACE DR 2751 TERRACE DR 1704 THOMAS DR 1721 THOMAS DR 1729 THOMAS DR 1737 THOMAS DR 1755 THOMAS DR 05-29-16-94356-003-0090 05-29-16-94356-004-0160 05-29-16-94356-005-0020 05-29-16-94356-004-0250 05-29-16-94356-004-0230 05-29-16-94356-004-0210 05-29-16-94356-004-0170 Lot 9, Block 3, Lots 16, 17, 21, 23 and 25, Block 4, Lot 2, Block 5, Virginia Grove Terrace Second Addition as Recorded in Plat Book 37 on page 73, of the Public Records of Pinellas County, Florida Page 2 of 2 Item # 9 Attachment number 1 Page 5 of 5 ?i - W j' WOODRING DR Q J ~ - - T r, M C 1 O ? Z ^ 7, ? N N 1?.J.?1? I? N i 18361 1 DIANE TER F V17 N..- ? Y 1831 n n` : I - ? 1831 ? -A >-. NN N iN i;?l W ? 182 O ? LIJ O aE ?1 1819 W Z U O q 1813 1809 O Q I O O I ? I r 2 MORNINGSIDE DR 3 i ? j C'4 N TERRACE DR N TERRACE DR - FT7 ^ 1772 N i 1755 Q ? O 1750 765 z ' e 1 j 1747 Q 1747 O W 170 4 L 1737 1737 Q W Q ? 1733 Qt Q 2 W 111728 Q 1729 O j 1724 1725 1724 7 N O 1721 J 1721 ®1721 W Vi Q O 1 1717 1 Q ?O Z ' i O 1704 1704 LLJ SR 590 PROPOSED ANNEXATION Owner MULTIPLE OWNERS Case: ATA2010-09003 DIANE AREA PHASE B: Multiple lofs south of Sunset Point Site: Road, east of US 19 and north of SR 590 (see Property Size (Acres): 50 PARCELS @ 10.37 acres attachment) Rights-of-way (Acres): + 0.60 acres ROW Land Use Zoning PIN: Parcels-see From: RL, P (Pinellas R-3 (County) attachment County Only) To: RL, Drainage Feature LMDR (City) Overlay (City) Atlas Page: 264A Item # 9 EXHIBIT B ?- Meeting Date:2/17/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8235-11 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 addresses are 1809 and 1836 Diane Drive, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790, and 2791 Diane Terrace, 1724, 1765, and 1772 El Trinidad Drive East, 1704, 1721, 1724, 1725, 1728, 1733, and 1737 Evans Drive, 1721, 1724, 1747, and 1750 Grove Drive, 1717, 1740, and 1747 Lucas Drive, 1817 and 1831 Marilyn Drive, 1813, 1819, 1824, and 1831 Skyland Drive, 2740, 2751, 2759, and 2770 Terrace Drive, 1704, 1721, 1729, 1737, and 1755 Thomas Drive, together with abutting right of way of Diane Terrace, upon annexation into the City of Clearwater, as Residential Low (RL) and Drainage Feature Overlay. SUMMARY: Review Approval: Cover Memo Item # 10 Attachment number 1 Page 1 of 6 ORDINANCE NO. 8235-11 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 GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1809 AND 1836 DIANE DRIVE, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790 AND 2791 DIANE TERRACE, 1724, 1765 AND 1772 EL TRINIDAD DRIVE EAST, 1704, 1721, 1724, 1725, 1728, 1733 AND 1737 EVANS DRIVE, 1721, 1724, 1747 AND 1750 GROVE DRIVE, 1717, 1740 AND 1747 LUCAS DRIVE, 1817 AND 1831 MARILYN DRIVE, 1813, 1819, 1824, AND 1831 SKYLAND DRIVE, 2740, 2751, 2759 AND 2770 TERRACE DRIVE, 1704, 1721, 1729, 1737 AND 1755 THOMAS DRIVE, TOGETHER WITH ABUTTING RIGHT OF WAY OF DIANE TERRACE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL) AND DRAINAGE FEATURE OVERLAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category (See Attached Legal Descriptions - Exhibit A) Residential Low (RL) (See Attached Legal Descriptions - Exhibit B) Residential Low (RL) and Drainage Feature Overlay The map attached as Exhibit C is hereby incorporated by reference. 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. 8234-11. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED Item # 10 Ordinance No. 8235-11 Attachment number 1 Page 2 of 6 Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 10 Ordinance No. 8235-11 Attachment number 1 Page 3 of 6 Exhibit A Ordinance No. 8235-11 ADDRESS PINELLAS COUNTY PARCEL ID 1809 DIANE DR 05-29-16-13554-010-0090 1836 DIANE DR 05-29-16-13554-009-0160 Lot 9, Block J, Lot 16, Block I, Carlton Terrace First Addition as recorded in Plat Book 43 on Page 39 of the Public Records of Pinellas County, Florida. 2762 DIANE TERR 2763 DIANE TERR 2766 DIANE TERR 2767 DIANE TERR 2770 DIANE TERR 2771 DIANE TERR 2774 DIANE TERR 2775 DIANE TERR 2778 DIANE TERR 2779 DIANE TERR 2782 DIANE TERR 2783 DIANE TERR 2786 DIANE TERR 2787 DIANE TERR 2790 DIANE TERR 2791 DIANE TERR 05-29-16-21092-000-0160 05-29-16-21092-000-0010 05-29-16-21092-000-0150 05-29-16-21092-000-0020 05-29-16-21092-000-0140 05-29-16-21092-000-0030 05-29-16-21092-000-0130 05-29-16-21092-000-0040 05-29-16-21092-000-0120 05-29-16-21092-000-0050 05-29-16-21092-000-0110 05-29-16-21092-000-0060 05-29-16-21092-000-0100 05-29-16-21092-000-0070 05-29-16-21092-000-0090 05-29-16-21092-000-0080 Lots 1 thru 16, Diane Heights Replat as Recorded in Plat Book 90 on page 5 of the Public Records of Pinellas County, Florida, together with abutting right of way of Diane Terrace. 1724 EL TRINIDAD DR E. 05-29-16-94320-002-0070 1765 EL TRINIDAD DR E. 05-29-16-94320-001-0130 1772 EL TRINIDAD DR E. 05-29-16-94320-002-0150 West 100 Ft of Lot 13, Block 1, Lot 7 and Lot 15, Block 2 Virginia Grove Terrace as Recorded in Plat Book 37 on page 29 of the Public Records of Pinellas County, Florida. 1721 EVANS DR 05-29-16-94392-006-0250 1725 EVANS DR 05-29-16-94392-006-0240 1733 EVANS DR 05-29-16-94392-006-0220 1737 EVANS DR 05-29-16-94392-006-0210 Lot 24, Lot 25, Lot 22 less North 15 Ft, North 7.5 Ft of Lot 23, Lot 21 and North 15Ft of Lot 22, Block 6, Virginia Grove Terrace Fourth Addition as Recorded in Plat Book 37 on page 75 of the Public Records of Pinellas County, Florida. 1721 GROVE DR 05-29-16-94338-002-0250 1724 GROVE DR 05-29-16-94338-004-0070 Item # 10 Attachment number 1 Page 4 of 6 1747 GROVE DR 05-29-16-94338-002-0190 1750 GROVE DR 05-29-16-94338-004-0130 2759 TERRACE DR 05-29-16-94338-004-0150 Lots 25 and 19, Block 2, Lots 7, 13, and 15, Block 4, Virginia Grove Terrace First Addition as Recorded in Plat Book 37 on page 62 of the Public Records of Pinellas County, Florida. 1717 LUCAS DR 05-29-16-94374-005-0260 1740 LUCAS DR 05-29-16-94374-006-0110 1747 LUCAS DR 05-29-16-94374-005-0190 Lots 26, 27, and 19, Block 5, Lot 11, Block 6, Virginia Grove Terrace Third Addition as Recorded in Plat Book 37 on page 74 of the Public Records of Pinellas County, Florida. 1817 MARILYN DR 1831 MARILYN DR 1813 SKYLAND DR 1819 SKYLAND DR 1824 SKYLAND DR 1831 SKYLAND DR 05-29-16-13554-008-0050 05-29-16-13554-008-0030 05-29-16-13554-009-0070 05-29-16-13554-009-0060 05-29-16-13554-008-0130 05-29-16-13554-009-0040 Lot 5, Lot 3 less South 5 Ft, Lot 13, Block H, Lot 7, North 16 Ft of Lot 8, Lot 6, Lot 4, Block I, Carlton Terrace First Addition as recorded in Plat Book 43 on Page 39 of the Public Records of Pinellas County, Florida. 2751 TERRACE DR 1704 THOMAS DR 1721 THOMAS DR 1729 THOMAS DR 1737 THOMAS DR 1755 THOMAS DR 05-29-16-94356-004-0160 05-29-16-94356-005-0020 05-29-16-94356-004-0250 05-29-16-94356-004-0230 05-29-16-94356-004-0210 05-29-16-94356-004-0170 Lots 16, 17, 21, 23 and 25, Block 4, Lot 2, Block 5, Virginia Grove Terrace Second Addition as Recorded in Plat Book 37 on page 73 of the Public Records of Pinellas County, Florida. Item # 10 Attachment number 1 Page 5 of 6 Exhibit B Ordinance No. 8235-11 ADDRESS PINELLAS COUNTY PARCEL ID 1704 EVANS DR 05-29-16-94392-007-0020 1724 EVANS DR 05-29-16-94392-007-0070 1728 EVANS DR 05-29-16-94392-007-0080 Lots 7 and 8, Block 7, Virginia Grove Terrace Fourth Addition as Recorded in Plat Book 37 on page 75 of the Public Records of Pinellas County, Florida and lots 2 and 3, Block 7, Virginia Grove Terrace Fourth Addition as Recorded in Plat Book 37 on page 75 of the Public Records of Pinellas County, Florida. 2770 TERRACE DR 05-29-16-94338-003-0030 Lot 3, Block 3, Virginia Grove Terrace First Addition as Recorded in Plat Book 37 on page 62 of the Public Records of Pinellas County, Florida. 2740 TERRACE DR 05-29-16-94356-003-0090 Lot 9, Block 3, Virginia Grove Terrace Second Addition as Recorded in Plat Book 37 on page 73 of the Public Records of Pinellas County, Florida. Item # 10 Attachment number 1 Page 6 of 6 LLJ WOODRING DR Q I-- - T Q I M T C" i J 18361 N N NC4 N' N DIANE TER 1831 11831 n° ° Nm Q 2 ix N N N N li r' J 2 182 O ' W 2 ? J 817 1819 Z 1 Q T O g Q 11813 p 11809 ------ ? Q L ° 0 3 z MORNINGSIDE DR 3 Onl (?in ll?as? Co n? ) y y a ? I ? 7!(U\ N TERRACE DR TERRACE DR A N 1772 11755 O 1750 764 R j 11747 g Q 1747 1 (Pinellas County RL nTy) 1740 0 P_ x1737 ?91737 ? C) lCL Z p !?L 11733 p O p 172 L 1729 p - Q Z- Q W IIL -- 1724M 1725 U 1724 7 1 Q Q O_ 11721 J 11721 1721 W _RU V 1 O . ) 1 t tJr I 11717 y p Q Q k 1704 O C ?+ 1704 F? V V W RU H RU RU RL SR 590 RL RL FUTURE LAND USE MAP Owner MULTIPLE OWNERS Case: ATA2010-09003 DIANE AREA PHASE B: Multiple lofs south of Sunset Point Site: Road, east of US 19 and north of SR 590 (see Property Size (Acres): 50 PARCELS @ 10.37 acres Rights-of-way (Acres): + 0.60 acres ROW attachment) Land Use Zoning PIN: Parcels-see From: RL, P (Pinellas R-3 (County) attachment County only) To: RL, Drainage Feature LMDR (City) Overlay (City) Atlas Page: 264A EXHIBIT C Item # 10 ?- Meeting Date:2/17/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8236-11 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1809 and 1836 Diane Drive, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790, and 2791 Diane Terrace, 1724, 1765, and 1772 El Trinidad Drive East, 1704, 1721, 1724, 1725, 1728, 1733, and 1737 Evans Drive, 1721, 1724, 1747, and 1750 Grove Drive, 1717, 1740, and 1747 Lucas Drive, 1817 and 1831 Marilyn Drive, 1813, 1819, 1824, and 1831 Skyland Drive, 2740, 2751, 2759, and 2770 Terrace Drive, 1704, 1721, 1729, 1737, and 1755 Thomas Drive, together with abutting right of way of Diane Terrace, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 11 Attachment number 1 Page 1 of 5 ORDINANCE NO. 8236-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF US HIGHWAY 19 NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1809 AND 1836 DIANE DRIVE, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790 AND 2791 DIANE TERRACE, 1724, 1765 AND 1772 EL TRINIDAD DRIVE EAST, 1704, 1721, 1724, 1725, 1728, 1733 AND 1737 EVANS DRIVE, 1721, 1724, 1747 AND 1750 GROVE DRIVE, 1717, 1740 AND 1747 LUCAS DRIVE, 1817 AND 1831 MARILYN DRIVE, 1813, 1819, 1824, AND 1831 SKYLAND DRIVE, 2740, 2751, 2759 AND 2770 TERRACE DRIVE, 1704, 1721, 1729, 1737 AND 1755 THOMAS DRIVE, TOGETHER WITH ABUTTING RIGHT OF WAY OF DIANE TERRACE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District See attached legal description, Exhibit A Low Medium Density Residential (ATA2010- 09003) (LMDR) The map attached as Exhibit B is hereby incorporated by reference. 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. 8234-11. Item # 11 Ordinance No. 8236-11 Attachment number 1 Page 2 of 5 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 11 Ordinance No. 8236-11 Attachment number 1 Page 3 of 5 LEGAL DESCRIPTION ATA2010-09003 (Phase B ATAs) ADDRESS PROPERTY PARCEL ID (PC PID) 1809 DIANE DR 05-29-16-13554-010-0090 1836 DIANE DR 05-29-16-13554-009-0160 Lot 9, Block J, Lot 16, Block I, Carlton Terrace First Addition as recorded in Plat Book 43 on Page 39, of the Public Records of Pinellas County, Florida. 2762 DIANE TERR 2763 DIANE TERR 2766 DIANE TERR 2767 DIANE TERR 2770 DIANE TERR 2771 DIANE TERR 2774 DIANE TERR 2775 DIANE TERR 2778 DIANE TERR 2779 DIANE TERR 2782 DIANE TERR 2783 DIANE TERR 2786 DIANE TERR 2787 DIANE TERR 2790 DIANE TERR 2791 DIANE TERR 05-29-16-21092-000-0160 05-29-16-21092-000-0010 05-29-16-21092-000-0150 05-29-16-21092-000-0020 05-29-16-21092-000-0140 05-29-16-21092-000-0030 05-29-16-21092-000-0130 05-29-16-21092-000-0040 05-29-16-21092-000-0120 05-29-16-21092-000-0050 05-29-16-21092-000-0110 05-29-16-21092-000-0060 05-29-16-21092-000-0100 05-29-16-21092-000-0070 05-29-16-21092-000-0090 05-29-16-21092-000-0080 Lots 1 thru 16, Diane Heights Replat as Recorded in Plat Book 90 on page 5, of the Public Records of Pinellas County, Florida together with abutting right of way of Diane Terrace. 1724 EL TRINIDAD DR E. 05-29-16-94320-002-0070 1765 EL TRINIDAD DR E. 05-29-16-94320-001-0130 1772 EL TRINIDAD DR E. 05-29-16-94320-002-0150 West 100 Ft of Lot 13, Block 1, Lot 7 and Lot 15, Block 2 Virginia Grove Terrace as Recorded in Plat Book 37 on page 29, of the Public Records of Pinellas County, Florida. 1704 EVANS DR 1721 EVANS DR 1724 EVANS DR 1725 EVANS DR 1728 EVANS DR 1733 EVANS DR 1737 EVANS DR 05-29-16-94392-007-0020 05-29-16-94392-006-0250 05-29-16-94392-007-0070 05-29-16-94392-006-0240 05-29-16-94392-007-0080 05-29-16-94392-006-0220 05-29-16-94392-006-0210 Lots 2 and 3, Lots 7 and 8 Block 7, Lot 24, Lot 25, Lot 22 less North 15 Ft, North 7.5 Ft of Lot 23, Lot 21 and North 15Ft of Lot 22, Block 6, Virginia Grove Terrace Fourth Addition as Recorded in Plat Book 37 on page 75, of the Public Records of Pinellas County, Florida. Exhibit A Page 1 of 2 Item # 11 Attachment number 1 Page 4 of 5 1721 GROVE DR 05-29-16-94338-002-0250 1724 GROVE DR 05-29-16-94338-004-0070 1747 GROVE DR 05-29-16-94338-002-0190 1750 GROVE DR 05-29-16-94338-004-0130 2759 TERRACE DR 05-29-16-94338-004-0150 2770 TERRACE DR 05-29-16-94338-003-0030 Lots 25 and 19, Block 2, Lot 3, Block 3, Lots 7, 13, and 15, Block 4, Virginia Grove Terrace First Addition as Recorded in Plat Book 37 on page 62, of the Public Records of Pinellas County, Florida. 1717 LUCAS DR 05-29-16-94374-005-0260 1740 LUCAS DR 05-29-16-94374-006-0110 1747 LUCAS DR 05-29-16-94374-005-0190 Lots 26, 27, and 19, Block 5, Lot 11, Block 6, Virginia Grove Terrace Third Addition as Recorded in Plat Book 37 on page 74, of the Public Records of Pinellas County, Florida. 1817 MARILYN DR 1831 MARILYN DR 1813 SKYLAND DR 1819 SKYLAND DR 1824 SKYLAND DR 1831 SKYLAND DR 05-29-16-13554-008-0050 05-29-16-13554-008-0030 05-29-16-13554-009-0070 05-29-16-13554-009-0060 05-29-16-13554-008-0130 05-29-16-13554-009-0040 Lot 5, Lot 3 less South 5 Ft, Lot 13, Block H, Lot 7, North 16 Ft of Lot 8, Lot 6, Lot 4, Block I, Carlton Terrace First Addition as recorded in Plat Book 43 on Page 39, of the Public Records of Pinellas County, Florida. 2740 TERRACE DR 2751 TERRACE DR 1704 THOMAS DR 1721 THOMAS DR 1729 THOMAS DR 1737 THOMAS DR 1755 THOMAS DR 05-29-16-94356-003-0090 05-29-16-94356-004-0160 05-29-16-94356-005-0020 05-29-16-94356-004-0250 05-29-16-94356-004-0230 05-29-16-94356-004-0210 05-29-16-94356-004-0170 Lot 9, Block 3, Lots 16, 17, 21, 23 and 25, Block 4, Lot 2, Block 5, Virginia Grove Terrace Second Addition as Recorded in Plat Book 37 on page 73, of the Public Records of Pinellas County, Florida Page 2 of 2 Item # 11 Attachment number 1 Page 5 of 5 ?i - W s WOODRING DR Q J - T r, M co 00 ,g Q A o 1 ?~ 0 Z T N N J? 18361 1 DIANE TER 1831 Y 1831 o `* o ?- Q: Ct C4 Q: J ?.Q Q - N N N N tom: d 182 L111UR Q , O QW \ 817 1819 Z - LM p Q 1 ` Q 18131 1809 .? 1 Q p 3 I MORNINGSIDE DR Z ? N TERRACE DR 04 04 L TERRACE DR F7 CC 0 1772 I. . 1 N ? 1755 Q Q M Q 0 1 5 l) f ? O 175 -1 ! 1765 '_ T I Q 1747 M470 l W 7? ? C 1740 ? ? I I O 1737 L AMR 1?73?7 W li Q 0? 1733 ? D pi Q W' 2 1728®® 1729 1 ?? Q p F ? W -? 2 Q , 72 -4 1724 1 5 1 V )R 11724 7 0 O' ? I Ip ? i 1721 J V Q 1721 ®17210 ? LU ®® z 1? Q 1, L_ j 1717 Q, ?! X Z IIff 1704 T *R? rt 1704 ?I V ®®? W -?, II ?co s SR 590 ?r ZONING MAP Owner MULTIPLE OWNERS Case: ATA2010-09003 DIANE AREA PHASE B: Multiple lofs south of Sunset Point Site: Road, east of US 19 and north of SR 590 (see Property Size (Acres): 50 PARCELS @ 10.37 acres Rights-of-way (Acres): + 0.60 acres ROW attachment) Land Use Zoning From: RL, P (Pinellas R-3 (County) PIN: Parcels-see attachment County Only) To: RL, Drainage Feature LMDR (City) Overlay (City) Atlas Page: 264A EXHIBIT B Item # 11 ?- Meeting Date:2/17/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve settlement of the liability claim of Patricia Lynch for payment of $65,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: On April 19, 2010, claimant was rear-ended by a vehicle driven by a City of Clearwater intern employee. The claimant was taken by ambulance for multiple injuries, including headache, neck pain, right knee pain and bi- lateral wrist pain, and she continued to need treatment. Ms. Lynch's medical expenses exceed $74,000, and future care is anticipated. 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: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $65,000 10/01/10- to 09-30-11 Budget Adjustment: No Annual Operating Cost: Total Cost: $65,000 Appropriation Code 590-07000-545900-519-000 Review Approval: Amount Appropriation Comment $65,000 Cover Memo Item # 12 ?- Meeting Date:2/17/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the grant agreement between the City of Clearwater and the Florida Department of Environmental Protection Office of Greenways and Trails (OGT) for a Recreational Trails Program (RTP) grant in the amount of $200,000 for the construction of trails within the Lake Chautauqua Equestrian and Nature Preserve and authorize the appropriate officials to execute same. (consent) SUMMARY: The City has been awarded a matching grant in the amount of $200,000 for the design and construction of a trail system within Lake Chautauqua Equestrian and Nature Preserve. The approval of this grant and the construction of trails within the Lake Chautauqua Equestrian and Nature Preserve are consistent with and required by the Management Plan as approved by the Florida Communities Trust (the funding source for acquisition). The trail will be designed to be ecologically sensitive and comprised of shell and will be constructed in a manner to accommodate equestrians, mountain bicyclists, joggers and walkers. Other elements of the project will include improved access and benches. The trail has been designed and will go out to bid once the grant is approved, with a projected award date of October 2011. Funding for the entire project will come from this RTP grant of $200,000 and $200,000 available in the Recreation Trails CIP 93272. This grant was brought forward and approved by the Resource Management Committee at their March 3, 2010 meeting. Future maintenance of the trails will be provided through the adopt-a-park program volunteers and existing park maintenance staff. There will be no additional FTE requirements. No additional operating impacts are needed to support this project. Type: Capital expenditure Current Year Budget?: None Budget Adjustment Comments: Budget Adjustment: Current Year Cost: $400,000 Annual Operating Cost: Not to Exceed: $400,000 Total Cost: For Fiscal Year: 2011 to 2012 None -0- $400,000 Appropriation Code 315-93272 315-93272 Review Approval: Amount Appropriation Comment $200,000 Grant $200,000 CIP for recreation trails Cover Memo Item # 13 Attachment number 1 Page 1 of 28 T10021 (RTP Project Number T11 (I ER Project Agre&-nent k= ESA 4-0 STATE FLORIDA DEPARTMENT E ENVIRONMENTAL I R TE Tip, N RECREATIONAL TRAILS PROGRAM FISCAL YEAR r? 10 - u. I PROJECT I V T TIrL ;?l? et rent ? €?".r;l?F??t Agin i Era o•.1' ?4,r ?" L ?J? ale ter. r?rr'??;r?t f 1 1k.lrrrlllr n??sl Rr.t?tr", Ilr vhose L ? ???rr1 it lti? E l'. J23 In,?R?-1r?.,rter ?r re 'i.??? is tie E,_ tic" td ?t ?t?? ?Ie v'_ ti r_? rw+????1 I ,? ?d?r r p r. ? I r , r I-- i 14 ??C thH or R? .?I 1rJ, ' ?x sr _1 rli, , f _< < fl ,II`,I tr-fwl pr jr'vL. e e ? 1r?; ,i hog i- n,. ,leC't reem of is WH ! l- , th" it rex i , . fun,{ ki 0 ' t11 its the !it_ to tu'i--: and, WLIEt .'1-`. :,Ands r such grants rr'r the Federal WHERE t , 1E i _ f -i" I- _ m _ _..e Department I'i ? LI a re, nel trail project. NOW ...FIERL I INJ in consideration ! 1.06' r tUal ccv_ .I 1 , r, „ r 11 « F ?e 1,i?ent and C ranti'f hereby agree e t ki ,,v, of the arro in1f?,f 0)'II,' >Ib i? -riii,= rI pl, C RE S "'.i.,; l I, t l_i ItF rr?tf a?jr ?rII1Y' ,h ?rt.t"tli1 tr[: t:!II) Il I31d rl, rl 11 f I'°j'+ ' 1! 110 E I ?? ?rl;r'Irl •,--r}1-.; ', ??? ,:,,l ;l ?f kt Iff +?t-..1r r-:i.i? ,I, I'I i tl,i',r_? Ir „ ?w Ff,, ,d !Ir,:?l?.. If JIJ:;.;I 1 ?"?"• ? .',!"I 1 II ! ? .1 rl r li? ICI er1 t In F? ... ;.t Item # 13 Attachment number 1 Page 2 of 28 reference if Uly set forth W,-l-!,, In th( ?iie parties, c 5..+? , . rCrp Ii? ?'..II, ?, ( ! the intent ti.i . t t °. k h l;, =I i `' L I F r l d Ll'! ES . , , the saute g l ? C . . L -id p rpo.5 ? ?fIE f?CJ`??t' Ifl t li IIL i7 l?M 01 d.,ilfl' i?r? lll 'lilt` ?? ` ?t fri, 4?i! vl'.Ir?rt -)ver ira?, Cn s[ , J y ;,; I twn t?o'.?n?Yb 4='??M 4d Np-??.e P i -f f?.R ?%'y ,,per Ad- a _ ro.e i3 r L ?.s shad 2 w d tl `? t?i, 4J g 3? 0, ?`,h' ;( ? If YL? q t 6. r«? F1 ._- 1' t! r iIl E 111. 1I 'I a - ',F - 7L 7 F li ?k eu of c/yC r L S 1 f Lf f S 1-r If € 0 9 f (I ? if d r Y i i_ Item # 13 Attachment number 1 Page 3 of 28 Item # 13 Attachment number 1 Page 4 of 28 $ 200 LA ':;;j by ?. ? s' ,°t ? r I •? r. n 1 T u I .I+ j 4 i! f ' I Ir, tc h h I 1= v E ! w , , h _ i . r that 1 ' r _ r I 1 j j? I i d r - l?r r r 1 ..: g t )y Type Or, 9 h4 I i Item # 13 Attachment number 1 Page 5 of 28 hospital ic, 3t f t? ?Iffp_ 'rlii nam in C ,. subject to thai: i. wr inpl, "t prig IaNe - - - ----- - - ------- - - ter f_. D, ? t r n Ilo,i!I ? pf, re is I, All I , , I E and - i i r E i Item # 13 Attachment number 1 Page 6 of 28 14 Item # 13 Attachment number 1 Page 7 of 28 ref is iP tip, 15, A, x his Item # 13 Attachment number 1 Page 8 of 28 - T iient this rrient for co,-, by Thin P , ay = a ,?n =',,li, I I the C is l?ttr P, rr r t l 1 m n I tg r' i I 18 a' 4 Item # 13 Attachment number 1 Page 9 of 28 f 4 ' r?31, 9c r or p[I I- I, . _ ; 1 I s s, or 1? n,ip? r]='f°?r?t?N.i?! 11 11`l,l 11_a FL 2 9, s 20. 1 i jr: Of I F a' ?f s 2 ,m ,s:2'v'i t J, Item # 13 Attachment number 1 Page 10 of 28 Item # 13 Attachment number 1 Page 11 of 28 29. `C the ? 'tE?''.. ddr F lase, the, fl t, rn will L,' F°1f a.l°f.i ;-111. ,s, [ 9i?'I- I Ge, I... Yt - ; I I I r r: i I I ,,,i II. 11 I 3« n I i.'h _ "? Item # 13 Attachment number 1 Page 12 of 28 Attachment number 1 Page 13 of 28 o f Cer iiff f Hin,, ?Df Notice o? ?n a F C ;:I Guidance, E, f in, 11 Tr al??s Project t (to b F. 39, f , ? a id 1 e I o Any R 1 g ,? ?. ..u . 11 4.?,.? Item #13 Attachment number 1 Page 14 of 28 I IT Wf Jt to CITY C ,,F. - w . L a - - - - ---------- t D Item # 13 Attachment number 1 Page 15 of 28 4 U F.;I :Y fi .. Ur F'n w - i wl Y H E? ? 9 1 9 i _ I t? i i i i S Attachment number 1 Page 16 of 28 C7 I, ?.m 0 i y a - ,. ?J R? L] 1 CD e .. -C I i t i w A J r 1 tl. I' k-. Y 93, .. i _ & e Item # 13 Attachment number 1 Page 17 of 28 Item # 13 Attachment number 1 Page 18 of 28 Item # 13 Attachment number 1 Page 19 of 28 Y Ll Item # 13 Attachment number 1 Page 20 of 28 Item # 13 Attachment number 1 Page 21 of 28 Item # 13 Attachment number 1 Page 22 of 28 Al ,, - - Gnanoee F S sc,,1 Yeii F", Ave, dlld pc",43 do T]He )' Item # 13 Attachment number 1 Page 23 of 28 k l ,. N C' 4 Item # 13 Attachment number 1 Page 24 of 28 Attachment number 1 Page 25 of 28 ?L a 11 i 1 1 _ 1 Item # 13 Attachment number 1 Page 26 of 28 i i i i ep? 7 :e Item # 13 Attachment number 1 Page 27 of 28 Fl f, P , rr. s )F f? i ) 4'A IF IIN t F,N F 1(,)N AI 1,Y r I k- 11'r( ,"ON' Item # 13 Attachment number 1 Page 28 of 28 I ( f a Item # 13 ?- Meeting Date:2/17/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an Amended and Restated Business Lease between the Greater Clearwater Chamber of Commerce (Chamber) and the City of Clearwater (City) for the use of the Lokey Building, located at 401 Cleveland Street, from March 1, 2011 to February 28, 2013 (Additional Extended Term) at $3,000 per month; reduce rent payments due under the current lease term for the months of January and February 2011 from $5,720 per month to $3,000 per month, and provide for the rescission of the ad valorem tax escrow payment for each year in which the Lessee secures an ad valorem tax exemption from the Pinellas County Property Appraiser and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 26, 2009, the City and Chamber entered into a business lease contract for the use of the Lokey Building located at 401 Cleveland Street. On December 27, 2010, the City Manager received a request from the Chamber to modify the lease by reducing the rent payment from $5,720 per month to $3,000 per month for the two remaining months of the current lease, and extend the lease for a 2 year term (Additional Extended Term) with rents due in the amount of $36,000 per year or $3,000 per month. The Chamber has secured an ad valorem tax exemption for the 2010 and 2011 tax years, therefore, the ad valorem tax escrow payment will be rescinded for as long as the Chamber secures such exemption. The Chamber will remain responsible for all taxes that may become due and payable during the term of the lease. All other terms of the agreement will remain the same, including the Chamber's requirement to pay sales tax. Proceeds from the rent payments are used to cover city operating expenses for both the Royalty Theater as well as the Lokey building. The current operating budget for Fiscal Year 2010-2011 is $47,000. To date the City has received $17,441.60 for this Fiscal Year from the Chamber. If the rent is reduced from the current level to $3,000 per month, the remaining rent revenue to be collected for 2010-2011 will be $27,000 yielding a total amount of rent revenue of $44,441.60, which is $2,558.40 less than budget. It should be noted that expenditures in previous years have never been higher than $26,987 well below the proposed $36,000 to be collected next year if the Council approves this item. Also a recent review of rental rates in downtown Clearwater reflect that the $3,000 per month rent ($10.75 per sq. ft.) is more in line with the current square foot building rates for business space (comparative rates range from $10.91 per sq. ft. to $13.00 per sq. ft.). Review Approval: Cover Memo Item # 14 Attachment number 1 Page 1 of 1 Attachment 1 LEASE TYPES: Range from full service Gross lease (all building maintenance, taxes, property insurance, maintenance of mechanicals, janitorial) are paid by the property owner, to Triple Net Leases (tenant is obligated for all tenant and property expenses). The Chamber lease, requiring it pay property taxes, all utilities, windows, all interior maintenance, mechanical repairs and janitorial, is closer to a net lease than a modified gross. CLEVELAND ST. RETAIL LEASE EXAMPLES: Four retail spaces at 410 - 428 Cleveland are reportedly under renovation and offered with modified gross leases at $13.00 / sq. ft. The offering rate includes advertised free rent concessions. Prospective tenants may also negotiate some build-out credits and other concessions in establishing actual annual base rent rate. The recently renovated, fully equipped 5,500 sq. ft. restaurant facility at 22 N. Ft. Harrison is offered at $10.91 / sq. ft. Another 1800 sq. ft. ground floor retail space at 638 Cleveland is offered at $11.32 / sq. ft., with an additional 2000 sq. ft. available on the second floor. RECENT APPRAISAL ANALYSIS (DOWNTOWN OFFICE): The City recently contracted two appraisals of a major single user office building in the downtown core. Although the appraisers noted that offering rates for Class A downtown office space are in the $17 - $22 / sq. ft. range for this type of rental, the effective rates are typically in the $11 - $12 / sq. ft. range. OTHER CITY / CHAMBER LEASE CONSIDERATIONS: The subject lease is atypical in the following respect - Most downtown leases anticipate a long term relationship, a business that will prosper and stay long term, and a property owner that will have a stable rent history with minimal vacancy. The City / Chamber lease lacks that market determinant. The Chamber needed quickly available, short duration, easy exit space. The City wants to generate interim rental income until PACT is ready to proceed with renovations that will incorporate the subject space into an expanded Capitol Theater entertainment venue. PRESENT RENT SCHEDULE: $5,720 / mo. rent, plus $1,270.50 / mo. tax escrow = $83,886 / yr. ($14.95 / sq. ft. for 5600 sq. f. two story facility, plus other tenant obligated expenses estimated at $1.50 - $2.00 / sq. ft. PROPOSED RENT SCHEDULE: $3,000 / mo. rent, plus $1,270.50 / mo. tax escrow = $51,246 / yr ($9.15 / sq. ft.) plus other tenant obligated expenses estimated at $1.50 - $2.00 / sq. ft. Item # 14 Attachment number 2 Page 1 of 10 AMENDED AND RESTATED BUSINESS LEASE This Amended and Restated Business Lease, entered into this day of 2011, between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, as Lessor, and the GREATER CLEARWATER CHAMBER OF COMMERCE, a Florida not-for-profit corporation, as Lessee, (each individually referred to herein as "Party" or collectively as the "Parties") , now having mutually agreed to amend and extend that certain Business Lease Contract between the parties dated August 26, 2009 regarding real property as further described herein (the "Lease" as amended). WITNESSETH: That the Lessor does lease to the Lessee the following premises located at 401 Cleveland Street, Clearwater, Pinellas County, Florida, 33756, being more specifically described as follows: The West'/ of Lot 7, Block B, JOHN R. DAVEY'S ET AL RESUBDIVISION OF EARLL, MUMFORD, RUSSS AND STARRIS SUBDIVISION, according to the map or plat thereof as recorded in Plat Book H1, Page 87, of the public records of Hillsborough County, Florida, of which Pinellas County was formerly a part. Such property shall hereinafter be referred to as the "Leased Premises" or the "Demised Premises" or the "Leased Property." 1. RECITALS. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. 2. LEASE TERM. The Parties hereto acknowledge that the Lessee has exhausted its original options to extend the Lease for two (2) periods of six (6) months each, with said Extended Term scheduled to end on February 28, 2011. The Parties hereby agree to an additional option to extend the Lease, and the exercise by the Lessee thereof, for a period of two additional (2) years ("Additional Extended Term"). The Additional Extended Term will commence on the 1 st day of March 2011, and shall continue until midnight on the 28th day of February 2013, with no further option to extend or renew for any additional term, unless the parties mutually agree, in writing, to amend this provision during the term hereof. 2. RENT. Notwithstanding any provisions in the Lease to the contrary, the Parties agree that the monthly rent payment due for the period January 1, 2011 through February 28, 2011 shall be reduced from $5,720 per month to $3,000 per month. Further, Lessor acknowledges receipt from the Lessee of satisfactory evidence of an ad valorem tax exemption for the tax years 2010 and 2011 as determined by the Property Appraiser of Pinellas County, and, therefore, the Parties agree to rescind the requirement that Lessee provide a monthly ad valorem tax escrow payment of $1,270.50. Any monies held in escrow as of the date of satisfactory proof of such exemption, that are not otherwise due and payable to a taxing authority, shall be applied as an offset against any and all rents due and payable hereunder, and then, any monies remaining in said ad valorem tax escrow account, which are not otherwise applied, will be refunded to Lessee within thirty (30) days of settlement of all tax c:\program files\neevia.com\document converter\temp\pdfconvert.13968.1.chamber of commerce lease clean llm01 24 11.doc Item # 14 Attachment number 2 Page 2 of 10 funds. However, Lessee shall remain at all times responsible for any taxes as they may become due and payable during the remainder of the term as determined by any taxing authority. Lessee shall apply for the ad valorem tax exemption for the tax years 2012 and 2013, and if Lessee fails to secure said exemption, Lessee shall immediately resume payment of the ad valorem tax escrow payment in the amount of $1,270.50. Beginning on March 1, 2011, the Lessee agrees to pay and the Lessor agrees to accept the total sum of Thirty Six Thousand and ---NO/100's---Dollars ($36,000.00) per year as rent during the remaining Term of this lease, payable in equal monthly installments of Three Thousand and--- NO/100's---Dollars ($3,000.00), the first installment due upon execution of this lease, and the balance of such installments being payable in advance at the beginning of each successive monthly rental period thereafter. In addition to each rent installment, Lessee shall also make monthly payment of state sales tax of $210.00, for a total monthly payment of Three Thousand Two Hundred Ten and ---No/100's---Dollars ($3,210.00), and any ad valorem tax payments as required hereunder. Lessee shall pay rent and any additional rent as hereinafter provided to Lessor at: Steve Moskun, Cash and Investments Manager, City of Clearwater, P. O. Box 4748, Clearwater, Fl. 33758 - 4748, or at such other place as Lessor may designate in writing. 3. SECURITY DEPOSIT. Lessor acknowledges receipt of a security deposit from Lessee in the the sum of Five Thousand Five Hundred and---NO/100's---Dollars ($5,500.00) as security for the performance of Lessee's obligations under the Lease, including without limitation, the surrender of possession of the premises to Lessor as herein provided. The parties agree the referenced security deposit is being retained by Lessor as security for Lessee's performance of its obligations under this Lease. If Lessor applies any part of the deposit to cure any default of Lessee, Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this Lease. In the event of default by Lessee, and Lessee's failure to cure such default upon notice thereof, Lessor may retain all or a portion of the deposit, at the sole determination of Lessor, in addition to any other legal remedies available to Lessor. In the event of no default by Lessee under provisions of this Lease, all monies on deposit with Lessor shall be returned to Lessee not later than fifteen (15) days following final lease termination. 4. USE OF PREMISES. The premises are leased to Lessee solely for the following uses and no other use can be made of the premises during the term without the written consent of the Lessor: The premises will be used primarily for the purpose of conducting the usual and customary business of Lessee to enhance the business environment and economic health and growth of the Clearwater region. 5. UTILITIES. Water, sewer, electric and all other utilities of any kind shall be billed directly to Lessee and are or shall be individually metered for the subject premises. All deposits for such utilities shall be the sole responsibility of Lessee. 6. MAINTENANCE. Page 2 of 10 Item # 14 Attachment number 2 Page 3 of 10 Lessor shall keep the foundation, outer walls, roof and buried conduits of the premises in good repair, except that Lessor shall not be called on to make any such repairs occasioned by the negligence of Lessee, its agents, express or implied invitees, or employees. Lessee shall keep the inside of said premises and the interior doors, windows and window frames of said premises in good order, condition and repair and shall also keep the premises in a clean, sanitary and safe condition in accordance with law and in accordance with all directions, rules and regulations of governmental agencies having jurisdiction. The plumbing facilities shall not be used for any other purposes than that for which they are constructed and no foreign substances of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from the violation of this provision shall be borne by the Lessee. The heating and air-conditioning system and plumbing facilities shall be under the control of Lessee, and Lessee agrees that all operation, upkeep, repairs and replacements will be at Lessee's expense, except where the repairs or replacements shall be caused by the negligence or misuse by Lessor or its employees, agents, invitees, or licensees. In the event Lessor pays any monies required to be paid by Lessee hereunder, Lessor shall demand payment of same from Lessee and Lessee shall make payment within ten (10) days of receipt of said demand. Lessee's failure to make such repayment within the ten (10) day period shall constitute a default under the terms of this Lease. 7. OBSERVANCE OF LAWS AND ORDINANCES. Lessee agrees to observe, comply with and execute promptly at its expense during the term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the demised premises. 8. ASSIGNMENT OR SUBLEASE. Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage, pledge, or encumber this lease, in whole or in part, or sublet the premises or any part thereof. Lessor expressly covenants that such consent to sublet shall not be unreasonably or arbitrarily refused. This covenant shall be binding on the legal representatives of Lessee, and on every person to whom Lessee's interest under this lease passes by operation of law, but it shall not apply to an assignment or subletting to the parent or subsidiary of a corporate lessee or to a transfer of the leasehold interest occasioned by a consolidation or merger involving such lessee. If the premises are sublet or occupied by anyone other than Lessee, and Lessee is in default hereunder, or if this lease is assigned by Lessee, Lessor may collect rent from the assignee, subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such collection shall be deemed a waiver of the covenant herein against assignment and subletting, or the acceptance of such assignee, subtenant, or occupant as Lessee, or a release of Lessee from further performance of the covenants herein contained. 9. ALTERATIONS AND IMPROVEMENTS. The Lessee shall not make any structural alterations or modifications or improvements which are part of the leased property without the written consent of the Lessor, and any such modifications or additions to said property shall become the property of the Lessor upon the termination of this lease or, at Lessor's option, the Lessee shall restore the leased property at Lessee's expense to its original condition. The restrictions of this paragraph shall not apply to maintenance of the leased Page 3 of 10 Item # 14 Attachment number 2 Page 4 of 10 property, but shall apply to any change which changes the architecture or purpose of the property or which changes any of the interior walls of the improvements or which annexes a fixture to any part of the leased property which cannot be removed without damage thereto. In the event Lessee desires to make any alterations or modifications, written notice shall be given to the Lessor. Unless the Lessor objects to such proposals by notice to Lessee within twenty (20) days after written notice from Lessee, the proposal shall be deemed approved. Lessee shall have no power or authority to permit mechanics' or materialmen's liens to be placed upon the leased property in connection with maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from Lessor, discharge any mechanic's liens for materials or labor claimed to have been furnished to the premises on Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's expense, remove all of Lessee's personal property and those improvements made by Lessee which have not become the property of Lessor, including trade fixtures and the like. All property remaining on the premises after the last day of the term of this lease shall be conclusively deemed abandoned and may be removed by Lessor and Lessee shall reimburse Lessor for the cost of such removal. 10. RISK OF LOSS. All personal property placed or moved in the premises shall be at the risk of the Lessee or owner thereof. The Lessor shall not be responsible or liable to the Lessee for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the premises hereby leased or any part of the building which the leased premises are a part of for any loss or damage resulting to the Lessee or its property from bursting, stopped up or leaking water, gas, sewer or steam pipes unless the same is due to the negligence of the Lessor, its agents, servants or employees. 11. RIGHT OF ENTRY. The Lessor, or any of its agents, shall have the right to enter said premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof, or of said buildings, or to exhibit said premises. Right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not conform to this agreement. 12. RESTORING PREMISES TO ORIGINAL CONDITION. Lessee represents that the premises leased are in good, sanitary and tenantable condition for use by Lessee. Lessee's acceptance or occupancy of the leased premises shall constitute recognition of such condition. Lessee hereby accepts the premises in the condition they are in at the beginning of this lease and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of said term, and to return the premises to their original condition at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof under this agreement. The Lessee agrees to make good to said Lessor immediately upon demand, any damage to water apparatus, or electric lights of any fixture, appliances or appurtenances of said premises, or of the walls or the building caused by any act or neglect of Lessee or of any person or persons in the employ or under the control of the Lessee. 13. INSURANCE. Page 4 of 10 Item # 14 Attachment number 2 Page 5 of 10 Lessor, at Lessor's sole cost and expense, shall maintain, or provide through self-funding, throughout the Initial Term, and any Extended Term, Property Insurance to cover any loss resulting from destruction or damage to the Lease Premises. Lessee, at Lessee option and expense, may obtain coverage for Lessee's personal property. Lessee shall procure at its expense and maintain during the term of this Agreement Insurance as shown below: a. A Commercial General Liability policy with limits of $1,000,000 covering claims for injuries to persons or property which may arise from or in connection with use of the Lease Premises by Lessee, including all activities occurring thereon. Lessee shall furnish the City with Certificate(s) of Insurance with all endorsements affecting coverage required by this section. The City shall be names as an additional insured. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents and invitees. b. Workers Compensation. Coverage shall apply for all employees and Lessee's contractors in the amount equal to the statutory limits of coverage according to applicable State and Federal laws. In addition, the policy shall include employer's liability coverage with a limit of $500,000 per occurrence. Lessee shall provide a copy of any or all insurance policies upon request by the City. All policies of insurance must be endorsed to provide the City with thirty (30) days notice of cancellation or restriction. 14. DESTRUCTION OF PREMISES. In the event that the building should be totally destroyed by fire, earthquake or other natural cause, to such an extent that it cannot be rebuilt or repaired within sixty (60) days after the date of such destruction, this lease shall be terminated. In the event that the building should be partially damaged by fire, earthquake or other natural cause, but only to such an extent that it can be rebuilt or repaired within sixty (60) days after the date of such destruction, the lease shall be void or voidable, but not terminated, except as otherwise provided herein. If the Lessor intends to rebuild or repair the premises, he shall, within fifteen (15) days after the date of such damage, give written notice to Lessee of the intention to rebuild or repair and shall proceed with reasonable diligence to restore the building to substantially the same condition in which it was immediately prior to the destruction. However, Lessor shall not be required to rebuild, repair or replace any improvements or alterations made by Lessee within the building. During the period of rebuilding or repairing, there shall be no diminution of rents. If, after rebuilding or repairing has commenced, such rebuilding or repairing cannot be completed within sixty (60) days after the date of such partial destruction, the Lessor may either terminate the lease or continue with the lease with a proportional rent rebate to Lessee. If Lessor undertakes to rebuild or repair, Lessee shall, at its own expense, restore all work required to be done by such Lessee under this agreement. 15. EMINENT DOMAIN. If the whole or any part of the premises hereby leased shall be taken by any public authority under power of eminent domain, then the term of this lease shall cease on the part so taken from the date title vests pursuant to such taking, and the rent and any additional rent shall be paid up to that day, and if such portion of the demised premises is so taken as to destroy the usefulness of the Page 5 of 10 Item # 14 Attachment number 2 Page 6 of 10 premises for the purpose for which the premises were leased, then from that day the Lessee shall have the right to either terminate this lease or to continue in possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the premises taken. The parties agree that the Lessee shall not be entitled to any damages by reason of the taking of this leasehold, or be entitled to any part of the award for such taking, or any payment in lieu thereof. 16. SUBORDINATION. This lease and the rights of the Lessee hereunder are hereby made subject and subordinate to all bona fide mortgages or other instruments of security now or hereafter placed upon the said premises by the Lessor provided, however, that such mortgages and other instruments of security will not cover the equipment and furniture or furnishings on the premises owned by the Lessee. The Lessee further agrees to execute any instrument of subordination which might be required by mortgagee of the Lessor. 17. DEFAULT; REMEDIES; TERMINATION BY LESSOR. (a) The Lessee further covenants that, if default shall be made in the payment of rent, or any additional rent, when due, or if the Lessee shall violate any of the other covenants of this lease and fail to correct such default within fifteen (15) days after a written request by the Lessor to do so, then the Lessor may, at its option, deem this lease terminated, accelerate all rents and future rents called for hereunder and Lessee shall become a tenant at sufferance, and the Lessor shall be entitled to obtain possession of the premises as provided by law. (b) In case the leased property shall be abandoned, as such term is defined by Florida Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor may (i) re-enter the premises as the agent of the Lessee, either by force or otherwise, without being liable to any prosecution or claim therefore, and may relet the leased property as the agent of the Lessee and receive the rent therefore and apply the same to the payment of such expenses as Lessor may have incurred in connection with the recovery of possession, reduction, refurbishing or otherwise changing or preparing for reletting, including brokerage and reasonable attorneys fees. Thereafter, it shall be applied to the payment of damages in amounts equal to the rent hereunder and to the cost and expenses of performance of the other covenants of Lessee as provided herein; or (ii) the Lessor may, at its option, terminate this lease by giving the Lessee fifteen (15) days written notice of such intention served upon the Lessee or left upon the leased property, and the term hereof shall absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period, but the Lessee shall nevertheless and thereafter be liable to the Lessor for any deficiency between the rent due hereunder for the balance of the term of this lease and the rent actually received by Lessor from the leased property for the balance of said term. (c) The Lessor, at its option, may terminate this lease as for a default upon the occurrence of any or all of the following events: an assignment by Lessee for the benefit of creditors; or the filing of a voluntary or involuntary petition by or against Lessee under any law for the purpose of adjudicating Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or to prevent bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy of the Lessee. Each of the foregoing events shall constitute a default by Lessee and breach of this lease. Page 6 of 10 Item # 14 Attachment number 2 Page 7 of 10 (d) The Lessor, at its option, may terminate this lease in the event the City Council determines at a duly constituted City Council meeting that the lease premises are needed for other municipal purposes and serves Lessee with sixty (60) days notice of such intended use. 18. MISCELLANEOUS. (a) The Lessor shall have the unrestricted right of assigning this lease at any time, and in the event of such assignment, the Lessor shall be relieved of all liabilities hereunder. (b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and assigns and successors of the Lessee. (c) It is understood and agreed between the parties hereto that time is of the essence of this contract and this applies to all terms and conditions contained herein. (d) It is understood and agreed between the parties hereto that written notice sent by certified or registered mail, or hand delivered to the premises leased hereunder, shall constitute sufficient notice to the Lessee, and written notice sent by certified or registered mail or hand delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this contract. (e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. (f) It is hereby understood and agreed that Lessee shall use no signs in connection with the premises hereunder, except as same shall comply with provisions of Article 3, Division 18 of the City of Clearwater Land Development Regulations, and other applicable law, and such signs as Lessee may place inside the building, which signs shall be subject to the prior approval of the Lessor. (g) It is understood that no representations or promises shall be binding on the parties hereto except those representations and promises contained herein or in some future writing signed by the party making such representations or promises. (h) It is hereby agreed that if any installment of rent or any other sum due from Lessee is not received by Lessor within five (5) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to five percent (5%) of such overdue amount. The Lessor shall not be required to accept any rent not paid within five (5) days subsequent of the date when due absent the simultaneous payment of this late charge. The requirement for a late charge set out herein shall not be construed to create a curative period or a grace period for the timely payment of rent. (i) Lessee agrees to pay any federal state or local taxes which may be levied on the property or any improvements or uses placed thereon but it is agreed that the parties do not waive any exemptions permitted by law. Specifically, Lessee may be exempt from payment of ad valorem tax escrow and sales tax as defined in Section 2 (RENT) above to the extent Lessee has qualified for each such exemption with the State of Florida Department of Revenue and the Pinellas County Property Appraiser, and has provided Lessor satisfactory evidence of such exemption. Page 7 of 10 Item # 14 Attachment number 2 Page 8 of 10 (j) Lessee, at its sole discretion, shall have the right and privilege of terminating this Lease Agreement at any time during the term hereof upon providing Lessor with not less than sixty (60) days notice of termination, providing that Lessee is in full compliance with all terms and provisions hereof. 19. ESTOPPEL LETTER. In the event Lessor shall obtain a loan from an institutional lender, and if the following shall be a requirement of such loan, the Lessee agrees to execute an estoppel letter in favor of the lender verifying the standing of the lease, the terms thereof, and all amounts paid thereunder and such other matters as may be reasonably requested. 20. INDEMNIFICATION. The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by the Lessor arising out of or related to the leased premises or Lessee's use or occupancy thereof, to include but not being limited to (a) failure by the Lessee, or its agents, to perform any provision, term, covenant or agreement required to be performed by the Lessee under this agreement; (b) any occurrence, injury or personal or property damage which shall happen in or about the leased property or appurtenances resulting from the condition, maintenance, construction on or of the operation of the leased property; (c) failure to comply with any requirements of any governmental authority or insurance company insuring the leased property or its contents; (d) any security agreement, conditional bill of sale or chattel mortgage or mechanic's lien connected with Lessee, its obligations or operations, filed against the leased property, fixtures, equipment or personalty therein; and (e) any construction, work, alterations or improvements by Lessee on the leased property. Such indemnification shall include reasonable attorney's fees for all proceedings, trials and appeals. 21. "AS IS" CONDITION. The Lessee accepts the leased premises on an "as is" basis, and Lessor shall have no obligation to improve or remodel the leased premises. 22. CONSTRUCTIVE EVICTION. Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee shall have first notified Lessor in writing of the condition or conditions giving rise thereto and, if the complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such notice to remedy such conditions. 23. JANITORIAL EXPENSES. Lessee shall either obtain or perform janitorial services for the leased premises at its expense. 24. SEVERANCE. The invalidity or unenforceability of any portion of this lease shall in nowise affect the remaining provisions and portions hereof. 25. CAPTIONS. Page 8 of 10 Item # 14 Attachment number 2 Page 9 of 10 The paragraph captions used throughout this lease are for the purpose of reference only and are not to be considered in the construction of this lease or in the interpretation of the rights or obligations of the parties hereto. 26. NO HAZARDOUS MATERIALS. The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the property or, in the alternative, that such materials, wastes or substances may be located on the property, only upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with any and all applicable state and federal laws and ordinances. In the event such materials are utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may be assessed against Lessor in connection with or otherwise relating to said hazardous materials, wastes or substances at anytime, without regard to the term of this lease. This provision shall specifically survive the termination hereof. 27. CONFORMANCE WITH LAWS. Lessee agrees to comply with all applicable federal, state and local laws during the life of this Contract. 28. ATTORNEY'S FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 29. GOVERNING LAW. The laws of the State of Florida shall govern this Contract; any action brought by either party shall lie in Pinellas County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. AS TO LESSEE: GREATER CLEARWATER CHAMBER OF COMMERCE Attest: Carol A. Hague Chairman of the Board By: Robert W. Clifford Chief Executive Officer Page 9 of 10 Item # 14 Attachment number 2 Page 10 of 10 AS TO LESSOR: Countersigned: Frank V. Hibbard, Mayor Approved as to form: Laura Mahony, Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: Rosemarie Call, City Clerk Page 10 of 10 Item # 14 ?- Meeting Date:2/17/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Contract (Blanket Purchase Order) to Fleet Products Inc. of Tampa, FL in the amount of $200,000 for the purchase of replacement vehicle parts used by all City Departments, during the contract period February 18, 2011 through February 17, 2013, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Pinellas County Bid 078-0185-B and authorize the appropriate officials to execute same. (consent) SUMMARY: This blanket purchase order will cover the period of February 18, 2011 to February 17, 2013 for purchase of equipment replacement parts and heavy-duty brake parts used by all City Departments. The blanket purchase order is larger than previous years due to approximately six vendors closing their doors in the last six months. Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $200,000 02/18/2011 to 02/17/2013 Appropriation Code 566-06611-550600-519-000 Amount $200,000 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment BPO None Bid Required?: Other Bid / Contract: Review Approval: No Pinellas County Bid #078-0185-B Bid Number: Bid Exceptions: None Cover Memo Item # 15 ?- Meeting Date:2/17/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize placement of Restrictive Covenant over City Right of Way located at North Martin Luther King Avenue and Carlton Street and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Department of Environmental Protection (FDEP) has issued a No Further Action (NFA) for contaminated soils confined by impermeable materials (asphalt/concrete) under City Right-of-Way. A condition of the NFA approval is that a restrictive covenant be placed over the area to prevent future exposure to the contaminated soil. The City shall ensure the perpetual nature of these restrictions, record in public records, and reference them in any subsequent lease, deed, conveyance or use of the property The subject right-of-way is adjacent to the Police Substation located at 1310 North Martin Luther King Jr. Avenue. Review Approval: Cover Memo Item # 16 1.111s lnst' '--1.. "I, preparcd by- DECLARATION OIL R STRICTI F, ONT NT THIS DECLARATION F RESTRICTI"F CO-VENANT (?' ° tfter "Declaratt)n"} is made this _ day ol' 2010 h-?. th_ ?; t r of" Cleamyate-, (hereinafter MN ANr 'i?), whose a_&ess ? Pint C ffic L3ox 4748, C'e.ir-, r, Flori& 3- ;58-4748, an,, Florida Departme,it of :romm_ntal Protection (lt ?i_'. 'T'D P" ). RECITALS A. GR.AN7.OR is the lee simple owner of that certain real property situated :is :1c-, County o Pin:"las, State of Florida, more particularly described in A a,,t?,, -d hereto n?a?ie a hart "rereof (hereinafter the "Property"). B3 lie FDEP 'ac: ty Identification Nuw -)-)2r for the Property is 529804856. The facility nanie a? the tinge -sf this Declaration i? t :L:arwwer Police Substation; C. The discharge of petroleum products' chemicals of concern on t}}c Property is doeunae ICIC] in the folloWing, report that is incorporated by reference: 1. Sail ,A=ses ;, }t Repo 1, (hereinafter the "Report") dated February, y sul'iinitted b\ L, ;"S Corporation D, }°he Deport noted in Recital C sets forth the nature and, lateral exterf o37lnlpac _'? -+il on the Pr ):r' Y. This Report confirms that soil contaminated with pe.rolc_, s' chemicals ?f concern, a, defined by Chapter 6L-777, Florida Administrative Cody > ea7eatl the Right-of-`?? ay in, frost tsI and to the side (north) of the Property as:cl that no c,ro3,uiid,va,cr contaminatioia ex ists. The area o} iiiapacteel sail delineated of }'i^tire in tlae Report swill be addressed by restriction. Pace I of 6 Item # 16 Attachment number 1 Attachment number 1 Page 2 of 7 E. I' Intent of the restrictions In this Declaration to reduce or eliminate the risk of expose.. c the contaminants to the envircru-rent and to users or occupants of the Property and to reda or Gliniiriate the threat of Irii ration of the contaminants. F. The F IFP liar agreed to issue a No Further Action with. Conditions (herciwl -r -Ordcr") upon recordation of this Declaration. The DEP can unilaterally revoke the the Co[ ;oras of this Declaration or of the Order are rift met. Additionally, silo .IL concer na ,-? ns of petroleurn products' chCmic:As of concern Ircrease above the Icy `ls approved Circler, or if a subsequent dlis? :Irrr g ?A curs at the sit:, the FDEP -nay :cq, re site rehab:'itI.t r. Ho rcdcrcc: concentrratio of contamination to the lei _-ls allowed by .IC appropriate FD T rules. The Order rclati.: to FDEP Facility Na. 52c k eta is can file vx -th the PinclLis County Health Department, Lri-, ironrnerital Health Div;sicrt: 10c-lted at 4175 Fast.. Bay Dri've, Suite 300, Clearwater, Florin:-: 33764 and with Grace Ri.=cra with the F'Dl^mP Wast- < -a eraaer t Division, Bureau of I Irole ni Storage St (,,:-, L)za*ed at 2600 Blair Stone -,,o. -!, MS 4545, Tallahassee, Florida 32399. & GRANTOR deenns it desirable in the of' all Present and futi-Te owrcr7 of the Property that an Carder obtr: ned ldr Prop--:-t) be held subject to certain restri-_ Lei-is and changes, all of xvhich are I ore particularly hetcinafter set forth. NOW, `l`I EIU- ORE, to Induce idle FDEP to the O.-der and for other good and valuable consideration, the receipt and sra_ -rncy fw)ich :ie -eby acknowledged by each of the undcrs.igned parties, GRANTOR a,-,- 2 ep ;:s fc,11ows. 1. The foregoin recitals are titre and correct and are incorporated herein by reference. 2. GRANTOR hereby imposes on the Property the follow=ing restrictions: a. The area of soil contamination as located c•n the Property shall remain perrrianently covered and maintained an impermeable mater;al that prevents hurnan exposure and limits ?? titer infiltration. b. Excav=ation and co.-:s'....t.tion. below two feet surface elevations is not prohibited vJtliin ,:ic ar_.,s containing soils contaminated vv Ith petroleum products' c licr`_ cr.'s of concern provided any soils contaminated with petrolcuri products' clicinicals of concern that are excavated are removed and properly disposed of pursuant to Chapter 62-770 FAC, (or stihsecltxe it contamination site cleanup crit,?ria rule(s)). Nothing l r i r slr.', li-mit or conflict ,with any rather lc?rl requirements rc-ar coi s'.?-trction rnlethods and techrniclti -s it must be taken to rin':iimiz.e risk of expti pure. while condUCtiflC; work In contaminated areas. For any clerv=atcrir , 4 -tivitics, a plan Must be in place to address and ensure the apprrl-iate handlin-, treatment, and disposal of array extracted groundwater that may be contaminated. Page 2 of 6 Item # 16 Attachment number 1 Page 3 of 7 Noth,i -ig in this Declaration shad prevent, limit or restrict any eyc -- _1tion or construction at or belo , the surface outside the boun-' try of smis contaminated with petroleum products' chemicals of cc? - c.ern. C. Gencrally, silall be no agricultural use of the land i;;ciudett forestry, fishiii- and l r17 ; no hotels or lodging; no recreatso.nal uses includlna arnusc'.-- 2nt parks, parks, cU 7ps, n%'aseunis, zoc S, or ar(:..ls; no resident al uses; ar1 no ed cational uses st__'. ai cle:ii -wary and secondary sclicjo. IT .tv care services. y :.. s pr-)1: )i?ed uses are specifically el ned h_ a r7 the North Air,_J ail fn?lt: 'ry Classa Stcatir t: S tite t- att. i t oes 20(] (,W Lxec_.ti?'e Office of th- PGcsidc?-t, U lice ,,' TJanagcr ent and. The 'prohibited uses by cods w_re: Scctc: I1 Agriculture, _ ?:s r-y, Fishing and. Hunting; Subsection "12 Minin 'except 0' Code 512132 Drive-In Motion Picture "T"heaters; Cody 5' 12 Libraries and Archives: Code 53 111 Lessors of Residential ELF, and Dwellings-, Su sector° 611 Elementary and S,_c.o??d,ary :c`lo ':s; Subscc.tor 62 NursinS a: id Residential Care Facilities; Stihs,_ ,o - 624 Social Assistance, Su's?ctor 711 l cr! :r: ink Arts., Speni-,.L Sig; -ti and p -lated industries; St bsector 712 tts, Historical e_. -_d Sint:'.}r Institutions; Stabsector 71 .:.tsernent, Gambling, __-_d Rc:- _ution Industries; Subscctor 721 Aec :°:: iodation (hotels, inot.a--ls RV ,arks, ctc ; Su:-sector 13 Rc:li? Grantrnakin& Civic, Prot :ssional, and Sing Organizations; ind Subsection 814 Private 11c.ti holds. 4. 1 ur the purpose of r?ionitaa°iL 4 restrictions contained 17ercn,1EF or its respective successors and assigns shall have site access to the Property at reasonable tines and with reasonable notice to the GRANTOR and its succ?s -.-s and assigns. 4. It is the intention of GRANTOR t'nat the restriction contained in this Dec!,rnt on shall touch and concern the Property, run with the land and with the tit! t) '.ie Property, and shall apply to and be binding upon and inure to '-he bone ' successors and assigns of GRANTOR, and to F DE F, succG?sors and and to any and all parties hareL.1'cr having any 'itle or interest it the Property or any heart thereof The FDEP, its success., -s and aassigtns n ay enfo-c•c the terms and conditions of this Declaration by junctive relief aJ7d at' cr appropriate available legal remedies.. Any forbearan. a on bellaif of the. T7DL P to exercise its right in the event of the failure of the GP_,',,' TOR, its suctcr,; :r and assigns to comply with the provisions of this Declaration shall not be d,- n7 d or construed to be ar waiver o 'th FDEI''s rights hereunder. This Declarat s:_a11 continue in pcgietuity, unless otherwise modified in writing; by GRAN _a _ts successors and assigns and the FDEP, its successors and assigns as providc:. in patio,- tpla Ci hereof. These restrictions may also be enforced in a court of Page 3 of 6 Item # 16 Attachment number 1 Page 4 of 7 competent jurisdiction by any other person, firm, corporation, or goven rnental agency that is substantially benefited by this restriction. 5, In order to ensure the pe f ttt ! nature of ti,,: se res?ri<ctions, C.: %NTORI its successors -d assigns, shall reference these r. striictio;is in any s ?e Mien'- [f :;c or deed of c :ivcc,,-ance, 'Including the recording bcok x- -1 page of record of Ills Declaration. 6. This Declaration ;s lainding until release of covenant is exeej: ti by the l rF° Secretary (or designee) and GRANTOR or their successors and ..ssi n is recorded in the county land records. To receive prier approval tram Ft, to remove any requirement herein, cleanup target levels ?stablishccl pr to Florida Statutes and F'DEP rules must have been achfc.°c.i This I7ccl;.:: tit.. ;} be modified in writing only. An), subsequent atneri.l -_"At must b., c::x- x.._c both GRANTOR and the FDEP or their respective sup; cssors and ss1 L i1 a«.i be recorded by GRANTOR or its successors and assigns as ._Z anle:: e, t hL?'.--:L . lf` z,y provision of this Declaration is held to be invalid by any court of' a, urisd' --tion, the inval t'.':: y of such provision shall i :at affe_ . drie validity of any o'. provisions ['. All such other provisic; -h'a°l co, ;: .?e unimpaired i Cull force and effect. S. GR_ANTGR covenants and represents that on the date of cx!2, it on -f ":S Declaration that GI--AN"I"OR is seized of the Property in. fee sin.:' and ...s right: to create, establish, and impose this restrictive covenant o[a _'.1e VC ct the Property. GR_ikNT'GR also covenant and warrarnts ?l- 1t the Property is free and clear of an-v and all liens, rnortg,,. ,c?, of ezac?. ?, t..: es that could GRANTORS rights to impose t;,., restrictive cov,:,ant described ir-. is Declaration or that would be superior to the restrictive covenant described ?t is Declaration. IN, WMT ESS NVliI=REOF, the City of Clea xater has ex4ce ted this histrument, ],his dav of a 2010, SWne:d, sealed and deli ycrcd in the presence of: C ountcrs ,tied. f ri'ink V. -Jbbard Mayor By: CITY OF CLEARWATER, FLORIDA William B. Horne, ll City Manager Page. o'6 Item # 16 Attachment number 1 Page 5 of 7 Apr-- : as to fom-i: Leslie l,... Dougall-Sides .Assistant City A11orney } STATE OF FLORIDA COUNTY C'F PI TELLA S } Attest: Cynthia E. Goudeau City Clerk The foregoing, instrunictit was acknowledged be(bre me this day off- 2010,;--Y W[LLI.AM 3. I-I RNE II, City Manager- Ofthe City of lc _ A. ,,, .vho is personally known to me. Prlni'T?g) dnie: Notary Public Apl : E s to Lori d- F I, 'a Dcw- rlent of Environrncntal ?,. ): ?t can, 00'l ce of Gene i%, C Ottnset. IN WITNESS HER.L O. , rtm -nt of Environmental has xecuted dais instrwn,-nt, tbi- i, ., of SIgned, sealed and deIivered 1r7 the. prc?c -co By: ---- - - FLORIDA FLO ID,A DEPART"y,,1ENT OF ENVIRONMENTAI, PROTECTION rr°' area: Di st:_ ? f ,c; "'rtr e a r r ra ?rr.r e. r rV l Mail Statio:i }t1i }, Florida r r7: a:ode G Vx'?r- 6+0 A4- ,rwitne{ 5: Print [ ct, Witness: Pri..t Name:_.. . . Date, I g Date:' ?ago , of 6 Item # 16 Attachment number 1 Page 6 of 7 f STATE OF COLINTY OF ,lnul The fore c?im- it strUunC ,vas acknu ]edged rbefore ? -e this clay of ?Y 7 b m / s .. as reptc -Aativc for the Floricia Llt -lartmnt of Enviro:?rrtent Prc>`.e?ti_:;,. Pea sonally Know,11 X-1-1--l- JR Prc juccd T- ?c c I'Menti !.-I cation Produce I ?Z&IJ A St naturo of-Nc ,i1 , Public Print -Name of Notary p,.:,f , Commission No. Commission Page 6 of 6 Item # 16 Attachment number 1 Page 7 of 7 NORTH 5 POINT OF SEGINWING 71 PROPERTY . EAST 8.5' F "s SOUTH 17' L3_,' ? ?yA C:TY 01" ,J i f V LEGAL AND SKETCH LEGAL, DESCRIPTION LF73VND Begin at a paint when the easterly extension of the centerline of Cariton Street E 77 Subject Fir s erky intersects with the centerline of North Martin Luther King Avenue, this point being the Point of Beginning, thence go best 3 feet: thence South 17 feet; t-ience East 24.5 feet; thence South 39 feet; thence East 9.5 feet; thence North 5E feet to the point of beginning, Containing 892.5 square feet more or less. m I! CLEARWATER POLICF S_ 3STATION LC I P7/ze R 1310 NORTH M RTIA LUTHER Wf n?a -H: Rr A-cL--.a nrrP KING JR. AVEN, L CLEARWATER, FLC 71DA APMWD e?: E FDEP FACILITY ID No, _?2S804856 hem # 16 r;((.??,Ilu,?:u(I?uu,L?r Page 1 of 1 1?d .. POINT DR Z w z [if > o-' D U) O U U) STS Fuller Dr L L?c?sO PJ? w VISTA WAY z w z w w CALUMET Ot Q z > O a VENETIAN Z U) U) NOKOMIS OL p LEBEAU F ?RBR CAROLYN Q I- ? IROQUOIS 00?" Ow w ` z tj PRINCESS u- ,S, S D OSAGE 9'Q6 O'Q ELF o PLEASANT D = < M MOHAWK Q Q 2 BURS C,Q TER J co z O S60 FAIRD a G w ST z FAIR Q MONT Q AI M?ONT O ; E Q 0 CLAIRE DR Q c'n 1 z MINNE 50 IO= BECKETT PAR Z MARgHALL Q ?J BECKETT ST Lu NOZS?O N O? WO MARSHALL ST GPa --- F-?? GRANT tt, F LO PROJTION F z ST O DR SPRI ST p J= Qa ON Lu [If < RC-9 Lu ENGMAN ERM(NE TANGERINE D ST ? ENGMAN F ST U) ENGMAN ST Bi° L 0 = a g C7 w w PALM O LA SALLE ST Q Q <> El BLUFF Otis C Green ST J z PALM BLUFF ST < PALM BLUFF ST J j p > ¢ = z z [if SPRING JURGENS ST z 0 CEDAR C7 w Do CEDAR ST O METTO ST o METTO ? ? o ?Iu D a O PALMETTO Q ;MARGO? NICHOLSON ST ST D a NICHOLSON ST NICHOLSON a rr` a.: J SEMINOLE ST 8 a '! 0,?aDa w ELDRIDGE ST U z ELDRIDGEST a ° MAPLE Maple St MAPLE 0 LEE ST ? w > O Q PLAZA ST GEORGIA m HART ST j HART JACKSON RD 0 Clearwater 1310 N. Martin Luther King Blvd., N Clearwater Police Sub Station W r E Prepared by: Engineering Department Geographic Technology Division S 100 S. Myrtle Ave, Clearwater, FL 33756 e m Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By: CRM Reviewed By: EC Date: 01/26/2011 Grid #: 269A S-T-R: 10-29-15 ca e: 1'=800' www. MyC learwater. corn Map Document: (V:\GIS\Engineering\Location Maps\1310 N MLK Police Sub Station.mxd) Meeting Date:2/17/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Geosyntec Supplemental Agreement 1 for an Environmental Assessment of Joe DiMaggio Sports Complex in the amount of $21,493.00 plus an additional contingency in the amount of $22,506.20 for a total increase in the amount of $43,999.20. (consent) SUMMARY: October 15, 2010 the City Manager approved a purchase order to Geosyntec to perform a Site Assessment and Closure report for the Joe DiMaggio Sports Complex as required by Florida Department of Environmental Protection (FDEP) in the amount of $91,038. The City has been engaged in a variety of environmental studies at Joe DiMaggio Sports Complex since 2000, all beginning with it as a potential site for the new Phillies Stadium. FDEP has directed the City to complete a Site Assessment Report (SAR) with a submittal date of March 31, 2011. Geosyntec Consultants were contracted to complete the SAR under the direction of the City as recommended by Environmental Counsel Bill Pence with Baker & Hostetler, LLP. Recent soil and groundwater testing indicates it is necessary to expand assessment activities in order to completely assess the site and meet the March 31, 2011 deadline. Additional groundwater and soil testing are required at a cost of $21,493.00. A contingency in the amount of $22,506.20 is being requested by city staff for potential compensation to Geosyntec personnel to respond to FDEP comments pending review of the SAR for a total increase in the amount of $43,999.20 and a total value of the agreement of $135,037.20. Sufficient budget is available in Capital Improvement Program project 0315-94803, Environmental Assessment and Cleanup in the amount of $43,999.20. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: Current Year Cost: $43,299.20. Annual Operating Cost: Not to Exceed: $43,299.20. Total Cost: For Fiscal Year: 2010 to 2011 No $43,299.20. Appropriation Code 0315-94803-561000-539-000- 0000 Review Approval: Amount Appropriation Comment $43,299.20. See Summary Cover Memo Item # 17 Attachment number 1 Page 1 of 17 GeosMtec consultants 1200 Riverplace Boulevard, Suite 710 Jacksonville, Florida 32207 PH 904.858.1818 FAX 904.396.1143 www.geosynteo,com 18 January 2011 Mr. William L. Pence Baker & Hostetler LLP 200 South Orange Avenue, Suite 2300 Orlando, Florida 32801-3432 Subject: Proposal for Additional Site Assessment Activities Supplemental Agreement #1 Joe DiMaggio Sports Complex - City of Clearwater 2450 Drew Street, Clearwater, Florida FDEP Project No. 247813 Dear Mr. Pence: On 12 January 2011 Geosyntec Consultants conducted a telephone conference with the City of Clearwater (City) and Baker & Hostetler LLP (Baker Hostetler) to discuss the results of the soil and groundwater sampling to date collected from the Joe DiMaggio Sports Complex (Site). The Site is located at 2450 Drew Street in Clearwater, Pinellas County, Florida. The soil and groundwater sampling was being conducted at the Site in accordance with Supplemental Agreement No. 1 and the Master Service Agreement between Geosyntec and Baker Hostetler. Based on soil sampling conducted by Geosyntec at the Site and an evaluation of historical data collected by a previous consultant, it appears that in certain areas of the Site, arsenic concentrations exceed the residential soil cleanup target levels (SCTLs) (reference Chapter 62- 777, Florida Administrative Code [F.A.C.]) and are not delineated to the east of the Site towards Drew Street, as required for Florida Department of Environmental Protection (FDEP)to approve a site assessment report as per Chapter 62-780.600 FAC. Groundwater samples collected from certain monitoring wells at the Site indicate that detections of aluminum, iron, and manganese exceeded the default groundwater cleanup target levels (GCTLs) (reference Chapter 62-777 F.A.C.). Horizontal and vertical delineation of these metal impacts to groundwater were not obtained horizontally or vertically as required for FDEP to approve a SAR as per Chapter 62- 780.600 F.A.C. Therefore, Geosyntec has prepared a scope of work that includes additional soil sampling, groundwater sampling, and data evaluation in an attempt to meet the requirements of Chapter 62-780, F.A.C. This proposal presents the proposed scope of work, an estimated schedule, and an estimated budget and contract execution. XR 10 19 6/Addi tional SoilGroundwater2 Item # 17 Attachment number 1 Page 2 of 17 Mr. William L. Pence 18 January 2011 Page 2 of 5 SCOPE OF WORK Geosyntec proposes a scope of work for additional assessment activities that will include soil sampling, groundwater sampling, and data evaluation. Geosyntec's scope of work is presented below and is organized into the following tasks: • Task 1: Fieldwork Logistics • Task 2: Soil Sampling • Task 3: Monitoring Well Installation • Task 4: Groundwater Sampling and Analysis • Task 5: Data Evaluation and Report Preparation A brief description of each of these tasks is presented below. Task 1. Fieldwork Logistics Prior to mobilizing for fieldwork, Geosyntec will notify Sunshine State One Call of Florida, Inc. (Sunshine) to mark publically owned buried utilities that may be in conflict with drilling locations (Geosyntec will not be responsible for damage to buried utilities). Because proposed soil sampling and monitoring well locations are planned to be completed in Pinellas County right-of-way, Geosyntec will be prepared to assist the City in obtaining offsite access by preparing tables or figures that Pinellas County might require for a right-of-way permit. Geosyntec also assumes that the City will provide FDEP with advance notification of field work activities as per 62-780.220(1) F.A.C. This task also includes time needed for contracting with Florida-licensed subcontractors, procuring equipment and supplies, and scheduling the subcontractors to coordinate with the City to schedule field efforts to minimize disruptions of Parks and Recreation. Geosyntec understands that during Spring Training, the drums of investigation derived waste (IDW) generated during the additional assessment activities will be staged at the City's direction in an inconspicuous area, as determined by the City. XR 10 19 6/Addi tional SoilGroundwater2 Item # 17 Attachment number 1 Page 3 of 17 Mr. William L. Pence 18 January 2011 Page 3 of 5 Task 2. Soil Sampling Geosyntec plans to collect soil samples from the Site for two purposes as outlined below and show on the attached figure. Soil sampling will be conducted in general accordance with guidance contained in the FDEP Standard Operating Procedures (SOPs) dated December 2008. • Soil sampling will be conducted east of the Site to attempt to obtain horizontal delineation of arsenic impacts east of soil boring HE (shown in red on the attached figure). Three soil borings will be advanced on Pinellas County property (we assume that the City will secure an executed offsite access agreement with Pinellas County if needed) and soil samples will be collected from each boring from 0-0.5 and 0.5-2 feet below land surface (ft bls). The soil samples will be submitted for laboratory analysis of arsenic by Environmental Protection Agency (EPA) Method 6010. Geosyntec will request laboratory analysis of the soil samples collected from the soil boring closest to HE and then Geosyntec will evaluate the data. If the residential SCTL for arsenic is exceeded, Geosyntec will request the soil samples collected from the next furthest east soil boring for laboratory analysis, until the residential SCTL for arsenic has been met or all of the soil samples have been analyzed (in which case, additional set-outs may be required). Please note that if arsenic is detected on Pinellas County property, there may be a reporting requirement as per Chapter 62-780.200(2) F.A.C. and Geosyntec has not included budget for this effort in this proposal. • Soil sampling will also include collecting pre-excavation soil samples from areas where previously collected soil samples exceeded a proposed recreational use alternative SCTL of 5.5 mg/kg (value previously adopted at other recreational use sites by FDEP). Pre- excavation soil boring locations (26 total soil borings) are shown in blue on the attached figure, and two soil borings per direction (north, east, south, and west) will be advanced and soil samples will be collected from each soil boring from 0-0.5 and 0.5-2 ft bls. The soil samples will be submitted for laboratory analysis of arsenic by EPA Method 6010. Similarly to the step-out soil borings described above, Geosyntec plans to submit these pre-excavation soil samples in a sequential manner until the alternative SCTL is met, or until all of the soil samples have been analyzed (in which case additional pre-excavation soil samples may need to be collected or this strategy may need to be re-evaluated). XR 10 19 6/Addi tional SoilGroundwater2 Item # 17 Attachment number 1 Page 4 of 17 Mr. William L. Pence 18 January 2011 Page 4 of 5 Geosyntec has included budget to have these samples analyzed on a 5-day rush turn-around time, in order to expedite laboratory analysis and to attempt to meet the FDEP deadline for the SAR of 30 March 2011. Each soil boring will be surveyed with a portable global positioning satellite (GPS) unit and plotted on a geo-referenced aerial photograph in a geographic information system (GIS) platform. During soil sampling activities, Geosyntec also plans to collect up to two equipment blanks for quality assurance/quality control (QA/QC) purposes. The QA/QC samples will be submitted for laboratory analysis for arsenic by EPA Method 6010. Following soil sampling activities, boreholes advanced in recreational fields will be backfilled with fine sand, and boreholes advanced offsite will be backfilled with Portland cement and patched at the surface with like materials (for example, boreholes advanced through concrete will be patched with concrete) level with existing grade. Excess soil generated during soil sampling activities will be containerized in 55-gallon drums and staged at the Site as directed by the City for profiled and manifested offsite disposal (Geosyntec assumes that the City will be responsible for the disposal of this IDW). Task 3. Monitoring Well Installation As part of this task, Geosyntec plans to install three monitoring wells upgradient of the Site, south of Drew Street for the purpose of establishing the background groundwater quality. Based on the groundwater quality data collected to date, it is possible that aquifer may meet the Low Yield/Poor Quality criteria (as defined in Chapter 62-780.200(35) F.A.C. and as listed in Chapter 62-777 Table I F.A.C.). Monitoring wells will be installed on the south of Drew Street in the Pinellas County right-of- way. Geosyntec assumes that the City will obtain offsite access from Pinellas County for installing these monitoring wells. Each of the three proposed monitoring wells will be installed in general accordance with guidance contained in FDEP SOPs PCS-006 using the hollow stem auger drilling method and will be constructed with similar construction details to existing shallow ofsite monitoring wells. Prior to installing the proposed monitoring wells, a soil boring will be continuously cored (and logged a Geosyntec scientist/engineer) at each location to help characterize the geology/hydrogeology for inclusion into the SAR. Each of the proposed monitoring wells will be up to 20 ft deep and constructed using 10 feet of 2-inch diameter, Schedule-40 PVC, 6-slotted screen and 10 feet of 2-inch diameter, Schedule-40 riser. A 30/65 silica sand filter pack will be installed in the borehole annulus and sealed to the surface with XR 10 19 6/Addi tional SoilGroundwater2 Item # 17 Attachment number 1 Page 5 of 17 Mr. William L. Pence 18 January 2011 Page 5 of 5 Portland cement. The surface completion of each monitoring well will consist of a locking well cap, an 8-inch diameter steel traffic-rated manhole, and a flush-mounted 2 by 2 foot concrete pad. As with the previous well installation conducted by Geosyntec at the Site, Geosyntec assumes that the City will be responsible for the management, profiling, and manifesting for offsite disposal of IDW generated during monitoring well installation. Geosyntec can assist the City with this task if requested, however, Geosyntec has not included budget for addressing IDW in this proposal. Additionally, Geosyntec assumes that as with previous monitoring well installation, the City will plan to survey each newly-installed monitoring well consistent to existing onsite monitoring wells and collect at least two rounds of groundwater elevations (from all onsite and offsite monitoring wells) and surface water elevations (from the onsite staff gauges). This data will be provided to Geosyntec for evaluation and inclusion into the SAR. Task 4. Groundwater Sampling and Analysis Geosyntec proposes to collect groundwater samples from each of the three newly installed offsite monitoring wells in general accordance with guidance contained in the FDEP SOPs dated December 2008. Prior to collecting groundwater samples each monitoring well will be purged and water quality parameters (including temperature, turbidity, pH, dissolved oxygen, specific conductivity, oxygen reduction potential) will be recorded to evaluate aquifer stabilization in the field The groundwater samples will be submitted for laboratory analysis of aluminum, iron, and manganese by EPA Method 6010. As part of this task, Geosyntec also plans to collect one equipment blank for QA/QC purposes. Geosyntec has budgeted to have these groundwater samples analyzed on a rush 5-day turnaround time. Task 5. Data Evaluation and Report Preparation As part of the data evaluation task, Geosyntec plans to work with the laboratory during the step- out-soil samples for the soil borings east of F3E and the step-out soil borings to evaluate the horizontal extent of arsenic impacts targeted for remediation. Upon receiving the laboratory data, Geosyntec will tabulate the results, plot the data on a geo-referenced aerial photograph in a GIS platform, and decide if additional laboratory analysis for the step-out soil borings is needed to obtain horizontal delineation. Geosyntec will submit updated tables and figures to the City and Baker Hostetler during the laboratory analysis of the step-out soil borings as status updates. XR 10 19 6/Addi tional SoilGroundwater2 Item # 17 Attachment number 1 Page 6 of 17 Mr. William L. Pence 18 January 2011 Page 6 of 5 During the recent telephone conference, the City and Baker Hostetler concurred with Geosyntec that it may be more cost effective to pose a technical justification to FDEP (to be included in the SAR) for use of the 5.5 mg/kg published recreational criteria for allowable concentrations of arsenic in the soil as a remediation goal and also to use of Low Yield/Poor Quality GCTLs for metals impacts to groundwater (pending favorable results for this justification). To pose this technical justification, Geosyntec will evaluate soil and groundwater data against existing Site data and propose these measures to FDEP based on assessing the risk and imminent threat to human health. This risk assessment element to the SAR will include regulatory citation, an analysis of the data collected from the Site and offsite, current and future landuse, and will rely on the potable water well survey conducted by the City. The lithologic data contained in the soil boring logs from monitoring wells installed south of the Site in the Pinellas County right-of-way will be studied and used in conjunction with published data from FDEP and the Florida Geological Survey (FGS). The lithologic data will be presented on cross sections of the Site which will identify the geology and hydrogeology of the Site to the depth investigated during the field activities from this SAR. Additionally, as part of this effort to characterize the hydrogeology of the Site, Geosyntec plans to obtain aquifer characteristics from nearby Sites and/or local databases for evaluating the potential for contaminant transport (a requirement for the SAR as per Chapter 62-780.600). The survey data from the newly-installed monitoring wells and a minimum of two rounds of groundwater and surface water elevation data (to be provided by the City) will be evaluated by Geosyntec and included into the SAR. Groundwater elevation maps will be prepared with contours showing groundwater elevations and inferred groundwater flow direction(s). The groundwater elevations between monitoring wells MW-12 and MW-13 will be compared for a numerical analysis of evaluating the hydraulic head difference between the upper portion and the lower portion of the unconfined aquifer for use in evaluating contaminant transport. Water quality parameters collected during monitoring well sampling to evaluate aquifer stabilization in the field will be also be used to assess geochemical conditions that may be present at the Site and offsite which would have the potential to mobilize these metals. Additionally the water quality parameters collected during monitoring well sampling and during surface water sampling will be compared. This comparison will be conducted to evaluate the mixing zone (often referred to as the hyporheic zone), or the zone of interaction between the surface water of the creek and shallow groundwater at the Site for the purpose of posing a technical justification to FDEP in the SAR that the surface water in the creek is acting as a hydraulic barrier which is capable of containing the groundwater at the Site (also evidenced by the lack of detections of metals in the surface water samples collected from the creek at the Site). XR 10 19 6/Addi tional SoilGroundwater2 Item # 17 Attachment number 1 Page 7 of 17 Mr. William L. Pence 18 January 2011 Page 7 of 5 Geosyntec plans to evaluate the field and laboratory data collected by Geosyntec and the City (as described above) for inclusion into the SAR. Please note that the current due date to submit the SAR to FDEP is on or before 30 March 2011. Based on this deadline and the possibility for laboratory data (specifically soil step-out data and data from the offsite wells) not to be favorable for the City and additional time might be required for additional assessment activities. SCHEDULE Geosyntec can begin work immediately upon the City's authorization by beginning work for fieldwork logistics (Task 1). Soil sampling (Task 2) and monitoring well installation (Task 3) can be scheduled based on the City obtaining executed offsite access agreements with Pinellas County and drilling subcontractor availability. Please note that Geosyntec has budgeted to perform the soil sampling (Task 2) and the monitoring well installation (Task 3) during the same mobilization to help reduce costs. Groundwater sampling (Task 4) can be scheduled within about I day following monitoring well installation, and Geosyntec can begin data evaluation (Task 5) following receipt of final laboratory data, and data and documentation from the City. BUDGET ESTIMATE AND CONTRACT EXECUTION Geosyntec is requesting a budget of $21,493 as shown in Attachment A. This scope of work will be performed on a time and materials basis in accordance with the terms and conditions of the Master Services Agreement and Supplemental Agreement No. I between Baker Hostetler and Geosyntec. If you would like to authorize the scope and budget presented herein, please provide a signed Supplemental Agreement No. 3, to the attention of Mr. David Riotte. XR 10 19 6/Addi tional SoilGroundwater2 Item # 17 Attachment number 1 Page 8 of 17 Mr. William L. Pence 18 January 2011 Page 8 of 5 CLOSURE We appreciate the opportunity to work with the City on this project. Should you have any questions or comments regarding this proposal, please do not hesitate to contact Mr. David Riotte. Sincerely, f r? }' 7r David Riotte, P.E. Senior Engineer Keith Tolson, PhD Associate Copy to: Ms. Lyndie James (Baker Hostetler) Mr. Ed Chesney (City) Mr. Aaron Getchell, P.G. (Geosyntec) Attachments XR 10 19 6/Addi tional SoilGroundwater2 Item # 17 Attachment number 1 Page 9 of 17 ATTACHMENT A BUDGET ESTIMATE XR 10 19 6/Addi tional SoilGroundwater2 Item # 17 Attachment number 1 Page 10 of 17 Geosyntec Consultants Geosyntec Project Budget Estimate Summary for Supplemental Agreement No. 3 City of Clearwater Site: Joe DiMaggio Sports Complex Task Summary Task Cost Estimate Task 1. Fieldwork Logistics Professional Labor $3,174 Other Direct Costs $149 Estimated Total $3,323 Task 2. Soil Sampling Professional Labor $1,896 Other Direct Costs $2,775 Estimated Total $4,671 Task 3. Monitoring Well Installation Professional Labor $1,896 Other Direct Costs $3,033 Estimated Total $4,929 Task 4. Groundwater Sampling and Analysis Professional Labor $1,896 Other Direct Costs $634 Estimated Total $2,530 Task 5. Data Evaluation and Report Preparation Professional Labor $5,812 Other Direct Costs $228 Estimated Total $65040 Total Estimated Project Cost: $21,493 Item # 17 Attachment number 1 GeosyntecP nsui tants Geosyntec Project Budget Estimate Summary for Supplemental Agreement No. 3 City of Clearwater Joe DiMaggio Sports Complex Task 1. Fieldwork Logistics Professional Time Description Unit Unit Rate Quanti Cost Estimate Principal hrs $205 2 $410.00 Associate hrs $192 $0.00 Senior Professional hrs $172 2 $344.00 Project Professional hrs $154 10 $1,540.00 Professional hrs $136 $0.00 Senior Staff Professional hrs $118 $0.00 Staff Professional hrs $102 $0.00 Designer hrs $110 8 $880.00 Word Processor hrs $55 $0.00 Administrative Assistant hrs $55 $0.00 Clerical hrs $45 $0.00 Subtotal 22 $3.174.00 ODCs Description Unit Unit Rate uanti Cost Estimate Hand Auger day $8.00 $0.00 Expendables day $30.00 $0.00 GPS day $125.00 $0.00 Multi-Gas Meter week $330.00 $0.00 Multi-Gas Meter day $181.50 $0.00 Calibration Gas each $125.00 $0.00 Laboratory - Arsenic Sol each $20.00 $0.00 Decon Kit day $100.00 $0.00 Well Installation Kit day $200.00 $0.00 Groundwater Sampling Kit day $180.00 $0.00 Groundwater Analysis Al, iron, Sib, Man well $48.40 $0.00 Groundwater Analysis Cr well $12.10 $0.00 Surface Water Sample Al well $13.20 $0.00 Surface Water Sample (Cyanide, total well $33.00 $0.00 Surface Water Sample Ammonia well $33.00 $0.00 Surface Water Sample PAHs well $110.00 $0.00 Soil Sample As sample $12.10 $0.00 Drums each $55.00 $0.00 Copies B& page $0.09 20 $1.80 Copies Color 11x17 page $1.20 20 $24.00 Shipping, Letter each $7.00 4 $28.00 Hotel day $125.00 $0.00 Per Diem day $46.00 $0.00 Drilling Costs LS $7,515.00 $0.00 Field Truck day $97.00 $0.00 Communication Fee percent 3% $95.22 44 $149.02 ------------------------------- Total: $3 323.02 Item # 17 XR 10196/AdditionalSoilGroundwater Attachment number 1 Geosyntec nSUi tantS Geosyntec Project Budget Estimate Summary for Supplemental Agreement No. 3 City of Clearwater Joe DiMaggio Sports Complex Task 2. Soil Sampling Professional Time Description Unit Unit Rate Quanti Cost Estimate Principal hrs $205 $0.00 Associate hrs $192 $0.00 Senior Professional hrs $172 1 $172.00 Project Professional hrs $154 2 $308.00 Professional hrs $136 $0.00 Senior Staff Professional hrs $118 12 $1,416.00 Staff Professional hrs $102 $0.00 Designer hrs $110 $0.00 Word Processor hrs $55 $0.00 Administrative Assistant hrs $55 $0.00 Clerical hrs $45 $0.00 Subtotal 15 $1.896.00 ODCs Description Unit Unit Rate uanti Cost Estimate Hand Auger day $8.00 $0.00 Expendables day $30.00 1 $30.00 Trimble GPS day $125.00 1 $125.00 Multi-Gas Meter week $330.00 $0.00 Multi-Gas Meter day $181.50 $0.00 Calibration Gas each $125.00 $0.00 Soil Sampling Kit day $127.00 1 $127.00 Decon Kit day $100.00 $0.00 Well Installation Kit day $200.00 $0.00 Groundwater Sampling Kit day $180.00 $0.00 Groundwater Analysis Al, iron, Sib, Man well $48.40 $0.00 Groundwater Analysis Cr well $12.10 $0.00 Surface Water Sample Al well $13.20 $0.00 Surface Water Sample (Cyanide, total well $33.00 $0.00 Surface Water Sample Ammonia well $33.00 $0.00 Surface Water Sample PAHs well $110.00 $0.00 Soil Sample As sample $12.10 59 $713.90 Drums each $55.00 $0.00 Copies B& page $0.09 $0.00 Copies Color 11x17 page $1.20 $0.00 Shipping, Samples each $125.00 2 $250.00 NET Drilling Cost LS $1,375.00 1 $1,375.00 Per Diem day $46.00 $0.00 Field Truck week $410.00 $0.00 Field Truck day $97.00 1 $97.00 Communication Fee percent 3% $56.88 66 $2,774.78 ---------Total: ----------- $4,670.78] Item # 17 XR 10196/AdditionalSoilGroundwater Attachment number 1 Page 13 of 17 Geosyntec Project Budget Estimate Summary for Supplemental Agreement No. 3 City of Clearwater Joe DiMaggio Sports Complex Task 3. Monitoring Well Installation Professional Time Description Unit Unit Rate Quantity Cost Estimate Principal hrs $205 $0.00 Associate hrs $192 $0.00 Senior Professional hrs $172 1 $172.00 Project Professional hrs $154 2 $308.00 Professional hrs $136 $0.00 Senior Staff Professional hrs $118 12 $1,416.00 Staff Professional hrs $102 $0.00 Designer hrs $110 $0.00 Word Processor hrs $55 $0.00 Administrative Assistant hrs $55 $0.00 Clerical hrs $45 $0.00 Subtotal 15 $1.896.00 ODCs Description Unit Unit Rate Quantity Cost Estimate Hand Auger day $8.00 $0.00 Expendables day $30.00 2 $60.00 Trimble GPS day $125.00 2 $250.00 Multi-Gas Meter week $330.00 $0.00 Multi-Gas Meter day $181.50 $0.00 Calibration Gas each $125.00 $0.00 Decon Kit day $100.00 $0.00 Well Installation Kit day $200.00 2 $400.00 Groundwater Sampling Kit day $180.00 $0.00 Groundwater Analysis (Al, iron, Sib, Man) well $48.40 $0.00 Groundwater Analysis (Cr) well $12.10 $0.00 Surface Water Sample (Al) well $12.10 $0.00 Surface Water Sample (Cyanide, total) well $33.00 $0.00 Surface Water Sample (Ammonia) well $33.00 $0.00 Surface Water Sample (PAHs) well $110.00 $0.00 Soil Sample (As) sample $12.10 $0.00 Copies (B&W) page $0.09 $0.00 Report each $150.00 $0.00 Shipping, Samples each $125.00 $0.00 NET Drilling Cost LS $2,072.30 1 $2,072.30 Per Diem day $46.00 $0.00 Field Truck week $410.00 $0.00 Field Truck day $97.00 2 $194.00 Communication Fee percent 3% $56.88 $3,033.18 -------------------------------------- Total: $4,929.18 Item # 17 Attachment number 1 Page 14 of 17 Geosyntec Project Budget Estimate Summary for Supplemental Agreement No. 3 City of Clearwater Joe DiMaggio Sports Complex Task 4. Groundwater Sampling and Analysis Professional Time Description Unit Unit Rate Quantity Cost Estimate Principal hrs $205 $0.00 Associate hrs $192 $0.00 Senior Professional hrs $172 1 $172.00 Project Professional hrs $154 2 $308.00 Professional hrs $136 $0.00 Senior Staff Professional hrs $118 12 $1,416.00 Staff Professional hrs $102 $0.00 Designer hrs $110 $0.00 Word Processor hrs $55 $0.00 Administrative Assistant Ins $55 $0.00 Clerical Ins $45 $0.00 Subtotal 15 $1.896.00 ODCs Description Unit Unit Rate Quantity Cost Estimate Hand Auger day $8.00 $0.00 Expendables day $30.00 1 $30.00 GPS day $20.00 $0.00 Multi-Gas Meter week $330.00 $0.00 Multi-Gas Meter day $181.50 $0.00 Calibration Gas each $125.00 $0.00 Decon Kit day $100.00 $0.00 Well Installation Kit day $200.00 $0.00 Groundwater Sampling Kit day $180.00 1 $180.00 Groundwater Analysis (Al, iron, Sib, Man) well $48.40 $0.00 Groundwater Analysis (Cr) well $12.10 $0.00 Surface Water Sample (per metal) each $12.10 12 $145.20 Surface Water Sample (Cyanide, total) well $33.00 $0.00 Surface Water Sample (Ammonia) well $33.00 $0.00 Surface Water Sample (PAHs) well $110.00 $0.00 Soil Sample (As) sample $12.10 $0.00 Copies (B&W) page $0.09 $0.00 Report each $150.00 $0.00 Shipping, Samples each $125.00 1 $125.00 NET Drilling Cost LS $2,072.30 $0.00 Per Diem day $46.00 $0.00 Field Truck week $410.00 $0.00 Field Truck day $97.00 1 $97.00 Communication Fee percent 3% $56.88 $634.08 -------------------------------------- Total: $2,530.08 Item # 17 Attachment number 1 GeosyntecP nsui tants Geosyntec Project Budget Estimate Summary for Supplemental Agreement No. 3 City of Clearwater Joe DiMaggio Sports Complex Task 5. Data Evaluation and Report Preparation Professional Time Description Unit Unit Rate Quanti Cost Estimate Principal hrs $205 4 $820.00 Associate hrs $192 $0.00 Senior Professional hrs $172 8 $1,376.00 Project Professional hrs $154 12 $1,848.00 Professional hrs $136 $0.00 Senior Staff Professional hrs $118 6 $708.00 Staff Professional hrs $102 $0.00 Designer hrs $110 8 $880.00 Word Processor hrs $55 $0.00 Administrative Assistant hrs $55 $0.00 Clerical hrs $45 4 $180.00 Subtotal $5,812.00 ODCs Description Unit Unit Rate nti Cost Estimate Co ies B& a e $0.09 20 $1.80 Co ies Color 11x17 a e $1.20 r20 $24.00 Shipping, Letter each $7.00 4 $28.00 Communication Fee percent 3% $174.36 $228.16 -------------------------------------- Total: $6,040.16 Item # 17 XR 101096/AdditionalSoilGroundwater Attachment number 1 Page 16 of 17 FIGURE XR 10 19 6/Addi tional SoilGroundwater2 Item # 17 00 W b ':,; O O N 00 O O ti t - O N r ' N ?- rc ??- a C7 N W N y N N O .? .,v .. I ois '4.r N CC7I =h.i 7 (, '? N CA C= ?(?j a J ?4p p N p N NV - ILL357 vj ? '-' N_ ,l r O N 0 0 7 O tI'i - r CO w N r 0 00? ?- ?, r O N u" o v v ,'t; ?r kp`a. IN, v? i, k Ir • i r i at; rp l,, 1 ,.v - f0 f0 rJ _ N Q N LO Y d n 1yd 11 "II( I?uu,L r Page 1 of 1 ? ' f Lu j W ?I J ? n i z v Enzie PALMETTO ST d ?w ARLINGTON Y (If W \c'l- m eV ?O G? OP G "O SHARKEY RD D n0 TERRACE DR N LL w = ? J GRANGER DR C J ? W 9 00 W NORMAN DR Q ? 0-1 w F o U ? D R F Lu J W --I O W J VARSITY DR C7 O Y (WD ? Z U) W J Z J O0 OJ U W LL C.) D] O SHARKEY ANNA AVE Lu LORENA LN ELLA PIL O- zz z Q DORA w Q w Q w O D- < Z a Q 00 O Z Lu E AST WO OD D R LL DREW RD PROJECT ST w F O O Q t z rn } Q x O x vi U C Clearwater N 2450 Drew St. Joe DiMaggio Sports Complex W r E , Prepared by: Engineering Department Geographic Technology Division S 100S. Myrtle Ave, Clearwater, FL 33756 e m Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By: CRM Reviewed By: EC Date: 01/26/2011 Grid #: 281 B S-T-R: 7-29-16 ca e: 1'=800' www. MyC learwater. corn NASH ST w w WHITMAN ST w WHITMAN ST CHAUCER ST o w Y CHAUCER ST 3: w SHELLEY ST Z SHELLEY ST } LL Of 0 3 Map Document: (V:\GIS\Engineering\Location Maps\Joe DiMaggio Sports Complex.mxd) City Council Agenda Council Chambers - City Hall Meeting Date:2/17/2011 SUBJECT / RECOMMENDATION: Provide direction regarding an alternate site at Court and Madison Streets for the Fire Station 45 Renovation project. SUMMARY: Council directed staff to consider alternate sites prior to approving the design work order for the station renovation at the existing, Franklin Street, site. Fire and Engineering staff has completed one-on-one meetings with Councilmembers in November, reviewing seven locations in the Downtown District. HDR was hired to conduct a site analysis. The report shows that the new site will work for the station layout contingent on the vacation of a portion of Brownell Street, the purchase of two parcels on Court Street, additional costs for site construction and permitting requirements. Demolition of two existing Parks and Recreation storage buildings will be required. Approximately 6 months and $1 million would be added to the 2-year design and construction project. Figures 9 and 10 of the Site Analysis Report refer the proposed layout. A Capital Improvement Project (CIP) was established and funded with $3.0 Million in 2006 to begin preparations to replace the downtown station. The current CIP plan calls foranadditional $4,057,520 of Penny III funds in Fiscal Year 2012 to begin construction of the station at the current location. The required funding in Fiscal Year 2012 would need to be increased to $5,057,520 to construct at the new location. The Fire Department has three additional station construction/renovation projects to be undertaken once the Main Station is completed. The timetable for those projects is under review and will bedependent on the timing of the Main Station project. Review Approval: Cover Memo Item # 18 City Council Agenda Council Chambers - City Hall Meeting Date:2/17/2011 SUBJECT / RECOMMENDATION: Continued to 3/3/2011: Award a contract (Purchase Order) for $145,997.00 to LDV, Inc. of Burlington, WI for one LDV Model LABMCC163185-10 Traffic Homicide Investigation Vehicle and authorize the appropriate officials to execute same. SUMMARY: The current Traffic Homicide Investigation (THI) Bus (G2453, 2001 Bluebird) has reached the end of its useful life. The bus has experienced starting problems, severe brake system problems and the on-board generator has not started on a few occasions due to various failures. The interior of the bus has shown cracks due to body shifting. The bus has 9,567 miles. This bus responds to serious injury or fatality accidents. The bus will remain at the scene for several hours while the THI officers conduct a thorough investigation to determine the cause of the accident. The bus generator will run the entire time to support the emergency lights, interiors lights and air conditioning system. The rear of the bus is used to store traffic control devices, marking paint, tape and barricades. The vehicle is budgeted in the Penny for Pinellas 3 Project - 315-91149 - Police Homicide Vehicle. Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Budget Adjustment: None Annual Operating Cost: $5,137.25 Total Cost: $5,137.25 00.00 2009 to 2010 Appropriation Code Amount Appropriation Comment 0315-91149-564000-521- $145,997.00 Penny III Fund 0000 City of Bid Required?: Yes Bid Number: Clearwater RFP 07-11 Other Bid / Contract: Bid Exceptions: None Review Approval: Cover Memo Item # 19 City Council Agenda Council Chambers - City Hall Meeting Date:2/17/2011 SUBJECT / RECOMMENDATION: Approve an Agreement to Assign, Transfer and Dedicate as Public Road (Excaliber Drive) and adopt Resolution 11-03. SUMMARY: Excaliber Drive was created as a private street when the Rosewood Subdivision was platted in 1984. All associated maintenance responsibilities were assigned to the lot owners in the subdivision. In April 2010, representatives of the subdivision approached the City about the possibility of dedicating the street and future maintenance responsibilities to the City. They were informed that in order for the City to consider this request the lot owners would be required to upgrade the street to city standards. Required improvements identified included resurfacing and curb and sidewalk replacement. A cost estimate was prepared and provided to the 12 lot owners. Each of them signed a petition agreeing to share equally these costs to upgrade the street to city standards. The City bid this work as a part of the 2010 Street Resurfacing Project and provided the actual costs to the lot owners ($1743.17 per lot). They have all agreed that this cost is satisfactory and have executed the Agreement to Assign Transfer and Dedicate as Public Road. The City has scheduled the resurfacing, curb and sidewalk work and the lot owners have agreed to reimburse the City within 30 days of completion of the work. They have also created a contingency fund in the event of any shortfall. Upon City receipt of all required funds, Excaliber Drive will become a City street. In that the City will be receiving a newly upgraded street, future maintenance responsibilities will be minimal and will not adversely impact the road maintenance budget. Review Approval: Cover Memo Item # 20 Attachment number 1 Page 1 of 12 AGREEMENT TO ASSIGN, TRANSFER AND DEDICATE AS PUBLIC ROAD THIS AGREEMENT TO ASSIGN, TRANSFER AND DEDICATE AS PUBLIC ROAD ("Agreement") is dated this day of , 20_, and entered into by and between all twelve (12) of the HOMEOWNERS OF ROSEWOOD SUBDIVISION, jointly and severally ("Assignor") and the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation ("Assignee"). RECITALS: WHEREAS, the plat of ROSEWOOD SUBDIVISION establishing a total of twelve (12) single family lots was created and recorded in Plat Book 88, Pages 70 and 71 of the Public Records of Pinellas County, Florida, a copy of which is appended hereto as EXHIBIT "A" and by this reference made a part hereof; and, WHEREAS, among its provisions, said plat did dedicate certain common area easements and private ingress and egress easements within said plat to the common use and benefit of the owners of the lots as shown on said plat; and, WHEREAS, among its provisions, said plat did stipulate the aforesaid easements shall be maintained and operated at the expense of such lot owners, and no rights are granted to the general public with regard thereto; and, WHEREAS, such lot owners have jointly and severally petitioned the City of Clearwater to accept an assignment and transfer of certain easements dedicated in said plat to the common use and benefits of the lot owners for the purposes of dedicating and maintaining such easements as a public road; and, WHEREAS, the City of Clearwater is agreeable to accepting an assignment and transfer of such easements for the purpose of dedicating and maintaining such easements as a public road to be known as Excaliber Drive; NOW, THEREFORE: Upon due consideration, all twelve (12) owners of the individual lots (collectively, "Assignor") in said plat of ROSEWOOD SUBDIVISION jointly and severally do agree to assign and transfer individually and collectively all of their respective rights, title and interests as they may appear in that certain platted 50' ROAD AND UTILITY EASEMENT commonly known as "Excaliber Drive" to the City of Clearwater, a Florida municipal corporation ("Assignee"), as same is depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof. Assignor jointly and severally agree to comply with all requirements, if any, of their respective lien holders precedent to securing the joinder, consent and/or release by said lien holders to this assignment and transfer without exception, of all of the rights, title and interests contemplated herein, including but not limited to any requirements related to obtaining appraisals, recertified boundary surveys and title endorsements, and full payment of all fees and charges associated therewith; and, U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Item # 20 Attachment number 1 Page 2 of 12 Assignor jointly and severally further covenant and affirm that other than the respective lien holders requirements, if any, evidencing joinder, consent and/or release to the rights, title and interests to be assigned and transferred hereunder, that there are no other liens or encumbrances of any nature affecting Assignor's title in and to Excaliber Drive as established by plat; and, Assignor jointly and severally warrant and covenant with Assignee that they are the respective owners of fee simple title in and to the total extent of Excaliber Drive as defined herein, and as such, have full right and lawful authority to assign and transfer all of their respective rights, title and interests in and to Excaliber Drive to Assignee; that Assignor has not been put on any notice as to any defense, offset, claim or counter-claim by any person or entity claiming by or through Assignor, and further warrants that there is no litigation now pending or threatened against Assignor, and that Assignor shall defend, indemnify and hold Assignee harmless, against same; and, Assignee agrees and covenants with Assignor that the City Engineer has scheduled and contracted upgrading and repaving of Excaliber Drive in full compliance with standards and specifications for a City neighborhood road. Upon completion of upgrading and repaving as above stipulated, Assignee further covenants with Assignor to cause Progress Energy to transfer all future electric service charges for installed street lights to Assignee. Each of the individual lot owners shall pay the sum of Seventeen Hundred Forty Three and ---17/100's--- Dollars ($1743.17) to the City not later than thirty (30) days following the City's completion of Excaliber Drive upgrading and repaving. Any unpaid balances as due hereunder shall accrue interest at the rate of twelve percent (12%) per annum as the law permits, until fully paid. Any expenses incurred by the City in the collection of all sums due hereunder shall be paid by Assignor, including, if necessary, the costs of filing suit and attorneys fees. Upon Assignor's full compliance with the provisions of this Agreement, including payment of all sums due as hereinabove defined, and full compliance with all provisions and conditions of proposed City of Clearwater Resolution 11- 03, (EXHIBIT "B" attached hereto and by this reference made a part hereof), and following adoption of said Resolution by its Council, Assignee agrees to accept all of Assignor's rights, title and interests in said Road Easement, and does covenant and agree with Assignor to dedicate same as a public road as defined in Chapter 335.01, Florida Statutes. Upon execution by Assignor and Assignee this Agreement shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written an oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or appended hereto. IN WITNESS WHEREOF, the parties hereto have set forth their hands and seals the day and date first above written. U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Item # 20 Attachment number 1 Page 3 of 12 AS TO ASSIGNOR: HOMEOWNERS OF ROSEWOOD SUBDIVISION Lot #1- 1498 Excaliber Drive Witness Print Witness Name Mark P. Bryan Witness Nancy L. Bryan Print Witness name STATE OF FLORIDA SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2010 by Mark P. Bryan, who is personally known or who has produced _ as identification. Notary Public - State of Florida Print Name STATE OF FLORIDA : SS COUNTY OF PINELLAS My commission expires: The foregoing instrument was acknowledged before me this day of 2010 by Nancy L. Bryan, who is personally known or who has produced. as identification. Notary Public - State of Florida Print Name Witness Print Witness Name Witness My commission expires: Lot #2 - 1492 Excaliber Drive Lois B. Daniels, as Trustee of the Lois B. Daniels Revocable Inter Vivos Trust Dated December 11, 2007 w U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Item # 20 Attachment number 1 Page 4 of 12 Print Witness name STATE OF FLORIDA : SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2010 by Lois B. Daniels as Trustee of the Lois B. Daniels Revocable Inter Vivos Trust Dated December 11, 2007, who is personally known or who has produced as identification. Notary Public - State of Florida Print Name My commission expires: Lot #3 - 1474 Excaliber Drive Witness Paul Steven Zimmermann Print Witness Name Witness Laura Lynn Zimmermann Print Witness name STATE OF FLORIDA : SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2010 by Paul Steven Zimmermann, who is personally known or who has produced as identification. My commission expires: Notary Public - State of Florida Print Name STATE OF FLORIDA : SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2010 by Laura Lynn Zimmermann, who is personally known or who has produced as identification. My commission expires: U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Item # 20 Attachment number 1 Page 5 of 12 Notary Public - State of Florida Print Name Lot #4 - 1468 Excaliber Drive Witness Moshen W. Habib Print Witness Name Witness Marcelle G. Habib Print Witness name STATE OF FLORIDA : SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of _ 2010 by Moshen W. Habib, who is personally known or who has produced as identification. Notary Public - State of Florida Print Name My commission expires: STATE OF FLORIDA : SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of _ 2010 by Marcelle G. Habib, who is personally known or who has produced as identification. Notary Public - State of Florida Print Name Witness Print Witness Name Witness My commission expires: Lot #5 - 1462 Excaliber Drive Kimberly Cashman U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Item # 20 Attachment number 1 Page 6 of 12 Print Witness name STATE OF FLORIDA : SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of _ 2010 by Kimberly Cashman, who is personally known or who has produced as identification. Notary Public - State of Florida Print Name My commission expires: Lot #6 - 1463 Excaliber Drive Witness Hans M. Rohr Print Witness Name Witness Anne H. Rohr Print Witness name STATE OF FLORIDA : SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2010 by Hans M. Rohr, who is personally known or who has produced _ as identification. Notary Public - State of Florida Print Name STATE OF FLORIDA : SS COUNTY OF PINELLAS My commission expires: The foregoing instrument was acknowledged before me this day of 2010 by Anne H. Rohr, who is personally known or who has produced _ as identification. U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Item # 20 Attachment number 1 Page 7 of 12 Notary Public - State of Florida Print Name My commission expires: Lot #7 - 1469 Excaliber Drive Witness Paul M. Svaren Print Witness Name Witness Mary Ellen Svaren Print Witness name STATE OF FLORIDA : SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2010 by Paul M. Svaren, who is personally known or who has produced. as identification. Notary Public - State of Florida Print Name My commission expires: STATE OF FLORIDA : SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2010 by Mary Ellen Svaren, who is personally known or who has produced as identification. My commission expires: Notary Public - State of Florida Print Name Witness Print Witness Name Witness Lot #8 - 1475 Excaliber Drive Wayne C. Carothers Joyce B. Carothers U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Item # 20 Attachment number 1 Page 8 of 12 Print Witness name STATE OF FLORIDA : SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2010 by Wayne C. Carothers, who is personally known or who has produced as identification. My commission expires: Notary Public - State of Florida Print Name STATE OF FLORIDA SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2010 by Joyce B. Carothers, who is personally known or who has produced as identification. Notary Public - State of Florida Print Name My commission expires: Lot #9 - 1481 Excaliber Drive Witness Phillip E. Hester Print Witness Name Witness Kimiko Hester Print Witness name STATE OF FLORIDA : SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2010 by Phillip E. Hester, who is personally known or who has produced as identification. Notary Public - State of Florida Print Name My commission expires: U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Item # 20 Attachment number 1 Page 9 of 12 STATE OF FLORIDA : SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2010 by Kimiko Hester, who is personally known or who has produced _ as identification. My commission expires: Notary Public - State of Florida Print Name Lot #10 - 1487 Excaliber Drive Upper Pinellas Association For Witness Retarded Citizens, Inc. Print Witness Name By: Print Name Witness Title Print Witness name STATE OF FLORIDA SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2010 by , as of Upper Pinellas Association For Retarded Citizens, Inc., who is personally known or who has produced as identification. My commission expires: Notary Public - State of Florida Print Name Lot #11 - 1493 Excaliber Drive Witness Richard M. Mannen Print Witness Name Witness Karin G. Mannen U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Item # 20 Attachment number 1 Page 10 of 12 Print Witness name STATE OF FLORIDA : SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2010 by Richard M. Mannen, who is personally known or who has produced as identification. Notary Public - State of Florida Print Name STATE OF FLORIDA : SS COUNTY OF PINELLAS My commission expires: The foregoing instrument was acknowledged before me this day of. 2010 by Karin G. Mannen, who is personally known or who has produced as identification. Notary Public - State of Florida Print Name My commission expires: Lot #12 - 1499 Excaliber Drive Witness Michael S. Dalton Print Witness Name Witness Patricia W. Dalton Print Witness name STATE OF FLORIDA : SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of _ 2010 by Michael S. Dalton, who is personally known or who has produced as identification. My commission expires: U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Item # 20 Attachment number 1 Page 11 of 12 Notary Public - State of Florida Print Name STATE OF FLORIDA : SS COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of _ 2010 by Patricia W. Dalton, who is personally known or who has produced as identification. Notary Public - State of Florida Print Name My commission expires: AS TO ASSIGNEE: CITY OF CLEARWATER, FLORIDA Countersigned: Frank V. Hibbard, Mayor Approved as to form: Laura Mahony, Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS : SS By: William B. Horne, II, City Manager Attest: Cynthia E. Goudeau, City Clerk BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, the Mayor of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this day of 12010. U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Item # 20 Attachment number 1 Page 12 of 12 Notary Public - State of Florida Type/Print Name STATE OF FLORIDA COUNTY OF PINELLAS : SS My Commission expires: BEFORE ME, the undersigned, personally appeared William B. Horne, II, the City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this day of 12010. Notary Public - State of Florida Type/Print Name My Commission expires: U:\Documents\Resolutions\ROSEWOOD SUB AGREE TO ASSIGN AND TRANSFER RW EASEMENTS (rev 121510) 1210.doc Item # 20 Attachment number 2 Page 1 of 2 CONTRACT EXHIBIT "B" RESOLUTION 11- 03 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DEDICATING AS A PUBLIC ROAD AS DEFINED IN CHAPTER 335.01, FLORIDA STATUTES, THAT CERTAIN 50-FOOT ROAD EASEMENT ("EXCALIBER DRIVE") AS IDENTIFIED ON THE PLAT OF ROSEWOOD SUBDIVISION AS RECORDED IN PLAT BOOK 88, PAGES 70 AND 71 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, all twelve (12) of the individual lot owners representing 100% of the owners of all the platted lots within ROSEWOOD SUBDIVISION, did jointly and severally petition the City of Clearwater to accept assignment and transfer of a certain easement, previously dedicated in said plat to the common use and benefits of the lot owners, for the purposes of dedicating and maintaining such easement as a public road; and, WHEREAS; said easement is specifically identified on said plat as a 50' ROAD EASEMENT, ("Excaliber Drive"); and, WHEREAS, the City of Clearwater ("City") and all twelve (12) of the individual lot owners of ROSEWOOD SUBDIVISION, jointly and collectively, did enter into that certain AGREEMENT TO ASSIGN, TRANSFER AND DEDICATE AS A PUBLIC ROAD ("Agreement") dated the day of , 2011, a copy of which is appended hereto as EXHIBIT "A", and by this reference made a part hereof; and, WHEREAS, among its provisions the Agreement provided that upon the owners fulfilling all of certain terms and conditions, the City would accept the assignment and transfer of Excaliber Drive and dedicate same as a public road to be maintained in perpetuity thereafter by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the conditions precedent to the acceptance and dedication of Excaliber Drive as a public road have been satisfied, except the full payment of the initial expenses related to the transfer and dedication, which shall be satisfied within thirty (30) days of the Effective Date of this Resolution. Section 2. That conditioned upon full payment of the initial expenses (as more specifically set out in the Agreement), the City of Clearwater does Resolution No. Iteffl # 20 Attachment number 2 Page 2 of 2 hereby accept the assignment and transfer of the 50' road easement identified as Excaliber Drive, and dedicates same as a public road as defined in Chapter 335.01, Florida Statutes. Section 3. That the City Engineer is directed to schedule and contract upgrading and repaving of Excaliber Drive as an element of the next upcoming Annual Repaving Contract following all conditions precedent having been met. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2011. Frank V. Hibbard, Mayor Approved as to form: Attest: Laura Mahony, Assistant City Attorney Rosemarie Call, City Clerk Resolution No. 11-91tem # 20 Attachment number 3 Page 1 of 2 i_ F. 4 i a P FTI x M I C) M 0 Item # 20 Attachment number 3 Page 2 of 2 Attachment number 4 Pages 1 of 1 23 - - - r?,z 25 ® I it, - ----------- f 179 .9 p 4 .. 95 c -4 ?9[ y .53 ,3az4 J - .0® 0? -?- -: 10 440 ' rv 11 ?3? 11 o Excaliber Dr ; „., ?._ e?. _ r-.;7' 19 c ?, °, I t, ? I ? _.•._.. - 31349 4 ` 3399 I...._s n _ _________ 111 pis i n - -? 73513 -' I .. .. - .. _... 0 3- 33z ':. . s II L , 3 'ss A 4- 'c 1 e- S.R3A e 24 vtuesia ----------------------------- 71111 4774 3 14351 1 4 931 4 14H 1439 ?9 ICI o ?'? 9 -15427 L ----- 0i ------ B 71 7, U „0z,, , 7113 1. A- 718 17041, .173 5272, m? 5,53, n O X45719 s3. .___ m,x 0z? 41441 -14- 1 37727 [To.? ;7- ?440 .4? 313. 0 Legend Building Footprint N Clearwater Excaliber Dr R/W Dedication . Outside CLWTR City limits Parcel Boundary W E within Rosewood Subdivision Prepared by: Engineering Department A, Agreement to Annex Ite m # 20s Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By: CD Reviewed By: EB Date: 01/28/2011 Grid #: 317A S-T-R: 19-29-16 Scale: N.T.S. w. MyC learwater.com ?- Meeting Date:2/17/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Construction Manager at Risk for Continuing Contracts (CMR) with Angle and Schmid, Inc., Biltmore Construction and Peter Brown Construction for a period of two years with an option to renew for an additional two-year period commencing March 1, 2011 and authorize the appropriate officials to execute same. (consent) SUMMARY: On November 1, 2010, Requests for Qualifications (RFQ 02-11) were solicited from area firms to act as construction managers for the City in accordance with Construction Manager at Risk (CRM) procedures. Seventeen responses were received. A short list of four firms gave oral presentations to the selection committee consisting of representatives from Parks and Recreation, Solid Waste/General Services and Engineering. The three recommended firms were selected based upon experience, financial capability, scheduling, cost control and value engineering, project staff and availability, local knowledge and Clearwater involvement. The CRM process is an alternative to traditional bidding of projects as follows: The CRM is brought into a project as early as possible in the design phase. The CRM is responsible for soliciting bids from various sub-contractors who would perform the work. The CRM prepares a Guaranteed Maximum Price (GMP) for the project. The CRM then manages the project through completion for the GMP The advantages of this approach over the design-bid-build approach can include: Contractor involvement in the project earlier providing opportunities to address constructability issues and provide greater opportunities for value engineering. Expediting projects by reducing the time for soliciting bids and allowing for integrated construction (starting preparatory construction tasks before design is complete). Utilizing appropriate sub-contractors that the CRM has experience with. Professional construction management at a fixed cost. Cover Memo A Guaranteed Maximum Price that defers risk from the City to the CRM. Item # 21 The City, the project design firm and the contractor can work as a team on the project. Subject to approval in accordance with City purchasing policy, these CRM's could be used by any City Department for an appropriate project with a maximum value of $2 million. Review Approval: Cover Memo Item # 21 Attachment number 1 Page 1 of 12 :Clearwater Request for Qualifications (RFQ #02-11) Construction Management at Risk Services for Continuing Contracts November 1, 2010 City of Clearwater - Engineering Department 100 S. Myrtle Avenue, Room #220 Post Office Box 4748 Clearwater, Florida 33758-4748 Item # 21 Attachment number 1 Page 2 of 12 Sealed Statements of Qualifications will be received by the Purchasing Manager, at the Purchasing Office, located at the Municipal Services Bldg., 100 So. Myrtle Ave., 3rd Floor, Clearwater, Florida 33756-5520, until 4:00 P.M. on December 15, 2010. The City of Clearwater requests qualifications from Construction Management at Risk (CM) firms. The City may enter into a contract with up to three construction management at risk firms with responsibility for performance of construction contracts up to $2,000,000.00. This will be a multiple award contract for an initial period of two years with an option to renew for an additional two year period. Copies of the Request for Qualifications for this project are available for prospective firms at the Municipal Services Bldg., Purchasing Division, 3rd Floor, 100 So. Myrtle Ave., Clearwater, Florida, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, beginning November 1, 2010, until no later than close of business five days preceding the submittal deadline. The documents are also available through the City's website: www.myclearwater.com and through the City's electronic plan room (also available at http://www.myclearwater.com/cityprojects/index.asp) The right is reserved by the City Manager of the City of Clearwater, Florida to reject any or all Statements of Qualifications. The City of Clearwater, Florida William B. Home, 11, City Manager 2 Item # 21 Attachment number 1 Page 3 of 12 1. INTRODUCTION SPECIFIC QUALIFICATIONS: Construction Management firms should have relevant successful experience at cost effectively performing Construction Management at Risk services on continuing contracts with public agencies. The selected CM must demonstrate that they can bring multiple qualified and competitive subcontractors to all related construction trades for successful project delivery. The CM must be capable of supplying workers that meet Florida Department of Law Enforcement criminal history background checks. COMPETITIVE SELECTION: Selection of finalists for interview will be made on the basis of construction manager qualifications including: Firm's office location, financial capability, scheduling/cost control, on-site staff, office staff, information systems, and firm's relevant project experience. INTERVIEWS: The Selection Committee will conduct interviews with and may require public presentation from three to five firms deemed to be most highly qualified regarding their qualifications to include scheduling of projects; cost control/value engineering; overall approach/ methodology to the project; proposed project staff, knowledge of local codes, ordinances, local subcontractors and suppliers; references from prior clients relevant on projects received within the last five years; and ability to furnish the required services. Firms must be licensed in the State of Florida at the time of submittal. Further, if a corporation, the firm must be registered by the Florida Department of State, Division of Corporations. The selection will be made in accordance with 255.32 F.S. and the procedures and criteria of the City of Clearwater. The CM responses to the RFQ will be evaluated on the following criteria: • Related building experience (25%) • Financial capability (15%) • Scheduling, cost control, value engineering (20%) • Project staff and availability (15%) • Knowledge of local conditions, permitting processes, etc. (20%) • Clearwater business and community involvement (5%) The Review Committee's decision in qualification of prospective firms shall be final. The City reserves the right to, at its sole discretion, accept or reject any and all submittals, request clarifications from any prospective firm, amend or modify the terms of the RFQ, or re-issue the RFQ if such action is in the best interest of the City. The overall project schedule is outlined in Section Eight of this document. If there is any doubt as to the true meaning of any part of this RFQ, or if any discrepancies in or omissions from this RFQ are discovered, a written request for an interpretation or correction may be submitted to the Purchasing Manager george.mckibbenginyclearwater.com for response. Written requests may be forwarded to: Purchasing Manager; 100 S. Myrtle Ave, Clearwater, FL 3 Item # 21 Attachment number 1 Page 4 of 12 33756-5520; or faxed to 727.562.4635. The company submitting the request will be responsible for delivery no later than seven calendar days before the submittal due date. Any clarification or correction of this RFQ will be made only by written addendum. A copy of all such addenda will be mailed or delivered to each company holding a set of documents. The City will not be responsible for any other explanation or interpretations of the documents. 2. RFQ SUBMITTALS: Interested firms should state their interest in this project by submitting one electronic and six printed copies of the following: 1. A letter of interest detailing the firm's qualifications, related experience, the firm's abilities to do the work and to meet the above referenced selection criteria. 2. A letter from the firm's Surety stating the firm's bonding capabilities. 3. Resumes of proposed staff and staff organizations. 4. Examples of project reporting systems, schedules, past experience and examples of projects including remodeling and/or repair of existing occupied buildings completed by the firm. A copy of the firm's current Florida Department of Business and Professional Regulation License. 6. For Corporations only: If the firm offering services is a corporation, it must be properly registered with the Florida Department of State to practice their profession in Florida and must provide a copy of the firm's current Florida Corporate Registration. 3. SELECTION PROCESS: The City Project Review Committee will consist of representatives from the City of Clearwater Engineering Department; City of Clearwater General Services Department; and City of Clearwater Parks and Recreation Department; and will review the RFQ submittals and select three to five firms for interviews. Those firms not asked to make oral presentations will also be notified. The selected firms to be shortlisted will be given advance notice to prepare for a public interview, to be held in Clearwater. The interviews will be conducted over a one- or two-day schedule. A decision following the interviews will be made within ten working days of the last interview. 4. CONDITIONS: The City reserves the right to accept and/or reject any or all submittals; to waive any irregularity, variance, or informality whether technical or substantial in nature; and to negotiate with all 4 Item # 21 Attachment number 1 Page 5 of 12 qualified firms in keeping with the best interests of the City. An award resulting from this request shall be negotiated with the firm(s) whose proposal and presentation is determined to most advantageous to the City of Clearwater. 5. MAIL OR DELIVER COMPLETED RESPONSES TO: George McKibben Purchasing Manager Municipal Services Building 100 South Myrtle Avenue (3rd floor) Clearwater, FL 33756 - 5520 Mailing address: P. O. Box 4748 Clearwater, FL 33758-4748 All proposals must be received not later than 4:00 p.m. local time December 15, 2010. The City assumes no responsibility for responses received after the stated time and date, or at any office or location other than that specified herein, whether due to mail delays, courier mistake, mishandling or any other reason. Late responses will be held unopened and not considered for award. 6. INSURANCE REQUIREMENTS: See Exhibit "A" attached. 7. DISTRIBUTION: This RFQ is being mailed to firms that have contacted the City and those that are believed to have the experience needed for this project. The project is also being advertised per City of Clearwater purchasing policies and being made available online through the City's website and electronic plan room. 8. PROJECT SCHEDULE 1) Release date of RFQ 2) Due date of RFQ 3) Short-list Selection 4) Oral Presentations 5) Selection Committee Recommendation 6) City Council Approval 9. GENERAL CLAUSES November 1, 2010 December 15, 2010 December 22, 2010 January 10, 2011 (week of) January 14, 2011 February 3, 2011 5 Item # 21 Attachment number 1 Page 6 of 12 OPENNESS OF PROCUREMENT PROCESS Written response, other submissions, correspondence, and all records made thereof, as well as negotiations conducted pursuant to this request, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. The City gives no assurance as to the confidentiality of any portion of the qualifications once submitted. RETENTION AND DISPOSAL OF RESPONSE The City reserves the right to retain all submitted responses for official record purposes. The City also reserves the right to dispose of any or all copies of responses in whatever manner it deems appropriate. No copies of responses will be returned to the firm. ERRORS AND OMISSIONS Once a response is presented, the City shall not accept any requests by any firm to correct errors or omissions in any calculations submitted. RESERVED RIGHT The City reserves the right to accept or reject any and/or all submissions/proposals, to waive irregularities and technicalities, and to request resubmission. Any sole response received the first submission date may or may not be rejected by the City depending on available competition and timely needs of the City. The City shall be the sole judge of the submission/proposal and the resulting negotiated agreement that is in its best interest and its decision shall be final. Also, the City reserves the right to make such investigation, as it deems necessary to determine the ability of any responder to perform the work or service requested. The responder shall provide information the City deems necessary to make this determination. CONFLICT OF INTEREST Any prospective firm should make an affirmative statement in its proposals to the effect that, to its knowledge, its retention would not result in a conflict of interest with any party. Alternatively, should any potential conflict exist, the prospective firm should specify the party with which there might be a conflict, the nature of the potential conflict, and the means proposed to resolve such conflict. RIGHT TO PROTEST Any actual or prospective responder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of its complaints by contacting the Purchasing Manager. NO COLLUSION By offering a submission to the RFQ, the responder certifies, and in the case of a joint submission/proposal each party thereto certifies as to its own organization, that in connection with the submission/proposal: 6 Item # 21 Attachment number 1 Page 7 of 12 a. No attempt has been made or will be made by the responder to induce any other person or firm to submit or not to submit a submission/proposal for the purpose of restricting competition; and b. The only person(s) or principal(s) interested in this submission/proposal are named therein and that no person other than those therein mentioned has/have any interest in this submission/proposal or in the agreement to be entered into; and c. No person or agency has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or established commercial agencies maintained by the purchaser for the purpose of doing business. APPROPRIATIONS CLAUSE The City, 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 following the fiscal year in which this contract is executed and entered into and for which this contract shall remain in effect. The City shall, upon receipt of notice that sufficient funds are not available to continue its full and faithful performance of this contract, provide written notice to the Contractor of such event and effective thirty (30) days after giving such notice or upon the expiration of the period of time for which funds were appropriated, whichever occurs first, be thereafter released at all further obligations in any way related to the contract. Add MBE/WBE documentation per SWFWMD requirements. 10. GENERAL TERMS AND CONDITIONS: a) All responses become property of the City of Clearwater. b) The City will not reimburse the respondent for any costs associated with the preparation, submittal, or presentation of their responses to this request. c) The respondent acknowledges that all information contained within its response is part of the public domain as defined by State of Florida Sunshine and Public Record Laws. The City gives no assurance as to confidentiality of any portion of any proposal once submitted. d) The awards made pursuant to this RFQ are subject to the provisions of Chapter 112, Part III, Florida Statutes. All respondents must disclose with their responses the name of an officer, director, owner, or agent who is also an employee of the City of Clearwater. Respondents, their agents, and associates shall refrain from contacting or soliciting any City officials regarding this RFQ during the selection process. Failure to comply with this provision 7 Item # 21 Attachment number 1 Page 8 of 12 may result in disqualification of the respondent, at the option of the City. Only George McKibben may be contacted. e) There shall be no discrimination as to race, sex, color, creed, handicaps, or national origin in the operations conducted under this engagement. f) Due care and diligence has been exercised in the preparation of this RFQ, and all information contained herein is believed to be substantially correct. However, the responsibility for determining the full extent of the services rests solely with those making responses. Neither the City nor its representatives shall be responsible for any error or omission in this response, nor for the failure on the part of the respondents to determine the full extent of the exposures. g) Preference will be given to those responses in full or substantially full compliance with the requested information in this document. h) Each respondent is responsible for full and complete compliance with all laws, rules, and regulations including those of the Federal Government, the State of Florida, and the City of Clearwater. Failure or inability on the part of the respondent to have complete knowledge and intent to comply with such laws, rules, and regulations shall not relieve any respondent from its obligation to honor its response and to perform completely in accordance with its response. i) Any interpretation, clarification, correction, or change to the RFQ will be made by written addendum issued by the City's Purchasing Manager. Any oral or other type of communication concerning the RFQ shall not be binding unless issued by the City in the form of an addendum. j) Responses must be signed by an individual of the respondent's organization legally authorized to commit the respondent's organization to the performance of the services contemplated by this RFQ. k) The successful respondent shall be required to submit proof of licenses, certifications, and proofs of insurance as required by the City. 1) The successful respondent shall not be allowed to substitute project team members named in this response without the written permission of the City. Documents cited in this document but not attached are available upon request. 8 Item # 21 Attachment number 1 Page 9 of 12 EXHIBIT "A" INSURANCE REQUIREMENTS 1 . Liability Insurance. The parry submitting an RFQ, hereinafter referred to in this document as the Proposer, if selected, shall furnish, pay for, and maintain during the life of any contract entered into with the City the following liability coverage: a . 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. b . Business Automobile Liability insurance in the amount of at least $1,000,000, providing Bodily Injury Liability and Property Damage Liability. C . Worker's Compensation Insurance applicable to its employees, contractors and subcontractors, if any, for statutory coverage limits in compliance with Florida laws, including Employers' Liability that meets all state and federal laws. d. Professional Liability/Malpractice/Errors or Omissions insurance, as appropriate for the type of business engaged in by the Proposer, shall be purchased and maintained by the Proposer with minimum limits of $1,000,000 per occurrence. 2 . Additional Insured. The City is to be specifically included as an additional insured on all liability coverage described above, except the insurance coverage identified in paragraph I(c) and (d). 3 . Notice of Cancellation or Restriction. All policies of insurance must be endorsed to provide the City with thirty 30) day's notice of cancellation or restriction. 4. Certificates of Insurance/Certified Copies of Policies. The Proposer, if selected, shall provide the City with a certificate or certificates of insurance showing the existence of the coverage required by this RFQ, if any. The Proposer will maintain the required coverage with a current certificate or certificates of insurance throughout the term of the contract with the City. When specifically requested by City in writing, the Proposer 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 have been requested, shall be provided City whenever any policy is renewed, revised, or obtained from other insurers. The address where such certificates and certified polices shall be sent or delivered is as follows: City of Clearwater Attention: Construction Specialist P.O. Box 4748 Clearwater, FL 33758-4748 The Proposer 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 any performance under this RFQ, or a subsequent purchase order or contract entered into by City and Proposer, its employees, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. Proposer acknowledges that it is solely responsible for complying with the terms of this RFQ or a purchase order or contract arising out of this RFQ. In addition, the Proposer shall, at its expense, secure and provide to City, prior to beginning performance under an RFP, or a subsequent purchase order, or contract, all insurance coverage as required in this RFQ. 7) Any party providing services or products to the City will be expected to enter into 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 requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any vendor, bidder or Proposer of services and/or products to the City. 9 Item # 21 Attachment number 1 Page 10 of 12 EXHIBIT B DRAFT CONTRACT This CONTRACT made and entered into this day of , 20 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and , of the City of County of and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for all individual projects assigned as a result of this contract. For each individual project in accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, 10 Item # 21 Attachment number 1 Page 11 of 12 SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. I I Item # 21 Attachment number 1 Page 12 of 12 By: By: IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA William B. Horne, II City Manager Countersigned: Frank Hibbard, Mayor-Councilmember Attest: (Seal) Rosemarie Call City Clerk Approved as to form: Camilo Soto Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (Contractor) By: SEAL (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). 12 Item # 21 ?- Meeting Date:2/17/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint one member to the Environmental Advisory Board to fill the remainder of unexpired term until September 30, 2013. SUMMARY: APPOINTMENT WORKSHEET BOARD: Environmental Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 5 CHAIRPERSON: R. Peter Stasis MEETING DATES: Quarterly Meetings - 3rd Wed., 4 pm PLACE: MSB Conf. #221 APPTS. NEEDED: 1 STAFF LIAISON: Edward F. Chesney/Engineering THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE 1. Mary Morrow - 2881 Deer Run S., 33761- Original Appointment 9/17/09 Resigned 1/19/11 - (was serving 1 st term to expire 9/30/13) THE FOLLOWING NAME(S) ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Elizabeth Drayer - 3175 Hyde Park Dr., 33761 - Attorney/Arbitrator 2. John Giotis - 851 Bayway Blvd., 33767 - School Principal/BA, MA Zip codes of current members: 1 at 33755 2 at 33761 1 at 33767 Review Approval: Cover Memo Item # 22 Attachment number 1 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: Home Address: zip' / Telephone: -7 7 'VO Ll L) How long a resident of Clearwater?- Occupation: h Alm 2arlt Field of Education: kc1,t-(A/us A t1-Q le n (? . Office Address: C-- zip Telephone: Gl Employer: Le Other Work Experience: U cc's IF t4 4 r2l-lkln IA e (A /1' S /710 If retired, former occupation: Community Activities: L le a t Z' 'U 0 CCA r . ? ,r Other intere Board Service (current and past): Additional Com ents: Board Preference: ,?.,z.?S r•a E?j??ae.? Signed: Ia^ Date: 0 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. EEv FEB 0 7 2011 OFFICIAL. RECORDS AND LEGISLAWE DEPT <<I./- Item # 22 Attachment number 1 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? C1 r i Ln L.t 1 G (1 )s S Lu.J 6ZA c;•- 't c 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? v? r l I E?j 4. Why do you want to serve on this Board? 1 r / r? Ctre ! 1 z'nc?l cd? 4- v./\ (' 1-&? ::?? V - i V 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? c I*S CA- 0 /V cc Oz /^Y1 IKL4 Name: r? (, /?. l /1 ?'???-?? Board Name: ID Item # 22 Attachment number 2 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: 5b •ti ?o Home Address: Office Address: fcL.ma? df FL zip 3-770 Telephone: 9A6s 13", A-L-C. /lJo'rfi' S? . &4erA-!z , Ft- zip 3.3913 Telephone: How long a resident of Clearwater? .3 XLr- Occupation: Sa'604 Employer: SC1,44 OPf ft-- T-%-vtc• 1-tk Field of Education: 13 /l i V. dT 10, ?7SJb ?. f S?. If retired, former occupation: Community Activiti Other Work Experience: a.Yr y, - Pk-+crr4t.r?? S&rar 4j/,4..tcA.. Other Interests: T L4-,C- a. V!Z ,s'ko tA- ru4 ,,, Ce ver "4c"'. - •,,j %,eb,&% :N-I 44 Board Service (current and past): Board Preference: ? 1rl I?? / 1? Vi,?O? L?pyd ? G/IVi?OA/?iry}?•? Additional Comments:- oer; e,, C& o.. ? eri %%. , k A,% ?- - a v 0.a1as«2. bo-v'd. 3•. sdol Hp^ , Jb ?.? ea ovlb -? LP.71 r-??ks- ?? ?td?;1o? beN? ?? L~SYrt s.. .?-•s,rL e?c,/?•at. •-?? ?ioJ•.t?,'?..c.. Signed: Date: 1) 1 d See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. OV 18 2010 LEG. s Fa Ex" ' : ?.? Item # 22 Attachment number 2 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? O^ C- Ui 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? At ?"wt, 0..? ?14;?+?oC't,ooelf. /? 1 ? 4 CoKnL•.,;¢j- ?:C?`vr'l-r .l. ?av ?. ? ?"?!?"M.t?e- A.a v,lo,r?. ?Y?I L??rt o,? C? ? ?o?.t: I ?c;Sio?s Q ? ?rr`s.?? 4L %+ 2 *k;,ea 77or? , f v ?`..?. c.? ihe. C... w?.....?, /?}'J vile?y Ca,..?+?. eta AC1$ --j it., .f3 • A3elJl ?!- S?A??s fit. 4. Why do you want to serve on this Board? )1-4+ , 4- ?e.e?3 tt-?. e e dl W- g/I ;4 C; 4,'za<. 1 e e..Q-f *?* d--7 is Board Name: %o)-XL ' Co.•-t?..?,,,'?- Deck 1e.A-- ..4- &,-4 o? h a Cto,`tk-= Z-e-- c 1Pe c y? A,?? Item # 22 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Morningside Temporary Speed Tables - Norene M. Marlow, President MMHA SUMMARY: Meeting Date:2/17/2011 Review Approval: 1) Clerk Cover Memo Item # 23 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Meeting Date:2/17/2011 Review Approval: Cover Memo Item # 24