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08/15/20111. Presentations 1.1 Service Awards � Attachments 2. Fire Department WORK SESSION AGENDA Council Chambers - City Hall 8/15/2011 - 2:00 PM 2.1 Approve the October 1, 2011 Emergency Medical Services ALS First Responder Agreement Extension between Pinellas County and Ciry of Clearwater and authorize the appropriate officials to execute same. (consent) � Attachments 3. Human Resources 3.1 Employee Health Center Performance Presentation (WSO) f� Attachments 4. Library 4.1 Recommend the approval of a change to the distribution formula for county funds through PPLC (Pinellas Public Library Cooperative)to allow use for support of the Countywide Automation System and countywide delivery services for library materials. � Attachments 5. Parks and Recreation 5.1 Approve a recommendation by the Public Art and Design Board for the commission, design and layout of a public art gateway to be installed at the intersection of U.S. Highway 19 and State Road 60 (Gulf to Bay Boulevard), as designed by artist Steven Weitzman, for a total cost of $45,000. (consent) � Attachments 6. Police 6.1 Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing far the continuation of the School Resource Officer program at Clearwater High School, Countryside High School and Oak Grove Middle School for a one-year period, commencing July 1, 2011 through June 30, 20] 2, and authorize the appropriate officials to execute same. (consent) L� Attachments 7. Solid Waste/General Support Services 7.1 Approve a purchase order to Glass Aggregate Systems, the lowest responsible bidder, in the amount of $89,812.00 to purchase a model H-200 glass crusher; award a contract (purchase order) to Angle and Schmidt General Contractors (construction manager-at-risk) in the amount of $68,750.00 to accomplish site work for the glass crusher slab at the Solid Waste Complex; approve the use of approximately $41,438.00 for other set-up charges associated with a glass recycling program, for a total of approximately $200,000 in expenditures to be funded by the Recycling Fund's Capital Improvement (project 96805) and authorize the appropriate officials to execute the same. (consent) � Attachments 8. Engineering 8.1 Approve the applicant's request to vacate the 3-foot utility easement lying adjacent to and south of the north property line of the west one-half of Lot 26 and a11 of Lot 27, Carolina Terrace Annex (1116 Howard Street), and pass Ordinance 8280-1 ] on first reading, (VAC20ll-02 McCluster). L� Attachments 8.2 Award a contract (purchase order) to Gregory Electric, Inc. of Clearwater, Florida for the construction of the Skycrest RCW System — CSX and Keene Road Jack and Bore Project in the amount of $206,754.90, which is the lowest responsible bid in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) � Attachments 8.3 Award a contract (purchase order) for the East Advanced Pollution Control Facility (APCF) Dewatering Pump Station Rehabilitation Project (10-0031-UT) to RTD Construction, Inc., of Zephyrhills, FL, in the amount of $162,118.00, which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) � Attachments 8.4 Approve an agreement with Pinellas County for metered parking in various county-owned parking lots and authorize the appropriate officials to eXecute the same (consent) � Attachments 8.5 Amend Chapter 30, Traffic and Motor Vehicles, Code of Ordinances, to revise the parking ticket dismissal program by eliminating the $10 dismissal fee and pass Ordinance 8273-11 on first reading. � Attachments 9. Planning 9.1 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and Drainage Feature Overlay and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1842 and l 849 Diane Drive; 1727 and 1771 E] Trinidad Drive; 1717, 1718, 1736 and 1741 Evans Drive; 1728, 1736 and 1746 Grove Drive; 1705, 1712, 1716 and 1746 Lucas Drive; 1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738 Terrace Drive; and 1716, 1733, 1741, 1749 and 1754 Thomas Drive (all parcels are located in Section O5, Township 29 South, Range 16 East)and pass Ordinances 8270-11, 8271-11 and 8272-11 on first reading. (ATA2011-01001) � Attachments 9.2 Approve the First Amendment to a Development Agreement between Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. (the property owners) and the City of Clearwater as per Community Development Code Section 4-606 and adopt Resolution 11-15. � Attachments 10. Official Records and Legislative Services 10.1 Recommend Jason Gibertoni to serve on the Citizens Advisory Committee to the Metropolitan Planning Organization (MPO). (consent) � Attachments 11. Legal 11.1 Amend sections of the Clearwater Code of Ordinances relating to regulation of weapons, including firearms, and pass Ordinance 8275-11 on first reading. � Attachments 12. City Manager Verbal Reports 12.1 CMA Harborview Request f� Attachments 13. Council Discussion Items 13.1 Short Term Rentals - Michael Delk, Planning Director � Attachments 14. Closing Comments by Mayor 15. Adjourn 16. Presentation(s) for Council Meeting 16.1 Service Awards L� Attachments 16.2 2011 Summer Business, Neighborhood, four Homes of the Quarter � Attachments _ _ __ __ 16.3 Presentation by Progress Energy to CFR Tech Rescue Team - Presenters are: Christopher Flack, Director External Relations, Progress Energy Florida and Melissa Seixas, Community Relations Manager, Progress Energy Florida. � Attachments Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Larry Jones Orlando Rivas Phuong Vo Eric Watkins Nicholas Tatem Erick Peterson 10 Years of Service Tashadra Lankford Douglas Alvarez Tracey Reed 15 Years of Service Estrella Murphy Craig Murray David Wilson Jana Hofferle Alan Ruud 20 Years of Service Peter Mavromatis 25 Years of Service William Dauber Rex Whittenberger Terry Butler Michael Waters 30 Years of Service Marlinda Neal Parks & Recreation Public Utilities Engineering Solid Waste/General Services Solid Waste/General Services Public Services Police Public Services Library Police Police Parks & Recreation Engineering Planning & Development Solid Waste/General Services Customer Service Solid Waste/General Services Engineering Police Customer Service Meeting Date:8/15/2011 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant Ciry Manager 5) City Manager 6) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:8/15/2011 SUBJECT / RECOMMENDATION: Approve the October 1, 20l 1 Emergency Medical Services ALS First Responder Agreement Extension between Pinellas County and City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas Counry Emergency Medical Services Authority (EMS Authority) is a special district created for ihe purpose of providing Emergency Medical Services (EMS) throughout Pinellas County, pursuant to Chapter 80-585, Laws of Florida, and Chapter 54, Article III, Pinellas County Code, as amended. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide First Responder Services and has contracted with an Ambulance Contractar to provide emergency and non-emergency transpart services. Through this contract, Clearwater Fire and Rescue will provide advanced life support services to the residents of the City of Clearwater and to individuals within the unincarporated area of Pinellas County that is located within the Clearwater Fire Control District. The City of Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire Control District. In 1997, the EMS Authority signed a 10-year agreement with the contract providers that expired on September 30, 2007. The EMS Authority and the contract providers negotiated a 5-year Agreement commencing October 1, 2007 and ending at midnight September 30, 2012. This agreement funded six (6) rescue units and two (2) advanced life support (ALS) fire engines. In a letter dated July 25, 2008, Pinellas County terminated this agreement effective September 30, 2009 citing decreased tax revenue due to Amendment 1 and declining property values. The County began a review in 2010 of the Emergency Medical Services system. While the study was on going, the EMS Authority proposed and the Ciry accepted a one-year contract commencing October 1, 2009 and ending at midnight September 30, 2010. The contract funded five (5) rescue units and three (3) advanced life support (ALS) fire engines. The City chose to provide additional funding to operate a sixth rescue unit, Rescue 50, in place of one of the ALS engines. The EMS Authority proposed a one-year extension to the 2010 contract, commencing October l, 2010 and end at midnight September 30, 2011. Under ihe 2010-20ll extension the County reimbursed the City for the same five (5) rescue units and three (3) advanced life suppart (ALS) engines as under the previous contract year. The City, however, discontinued the additional funding necessary to operate Rescue 50. On Oct. l, 2010, the City upgraded Engine 50 from a basic life support (BLS) engine to an advanced life support (ALS) engine instead, which includes one lieutenant, one driver operator, and one fire medic. The study of the EMS system requested by the EMS Authority was released in April 20ll . The study recommends changing the reimbursement methodology far first responders, including Clearwater Fire and Rescue. This methodology, if adopted, would result in a substantial decrease in revenue to the City of Clearwater. County officials will schedule an appearance far a future City of Clearwater Council meeting to discuss the EMS Study. The EMS Study recommends an implementation date of October 1, 2012. In the meantime, the EMS Autharity has proposed a one-year extension to the 20l 1 contract, commencing October l, 2011 and end at midnight September 30, 2012. Under the 2011-2012 extension the County will reimburse the City for the same five (5) rescue units and three (3) advanced life suppart (ALS) engines as under the previous contract. In an effort to control costs, the County will reimburse cities for reasonable and customary costs as opposed to fixed compensation amounis from past years and the Counry will assume responsibility for providing electrocardiogram (EKG) monitoring/defibrillation equipment. Cover Memo Compensation for the fiscal year commencing October 1, 2011 shall be $5,032,6ll .00, which is $14,778.00 lower than the current fiscal-year payment of $5,047,389.00. Compensation is to be paid in arrears in equal monthly installments beginning on November 1, 2011. Type: Other Current Year Budget?: None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: to Annual Operating Cost: Total Cost: Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant Ciry Manager 5) City Manager 6) Clerk Cover Memo Attachment number 1 Page 1 of 5 EMERGENCY MEDICAL SERVICES ALS FIRST F�ESP�QN�ER AGREEMEI�T E�CTE�JSION +aCTC36ER 1, 20�11 P��vE��s caur�TY EMERGENCY ME�IGAL SERVICES A,I�THC��ITY 12�90 Ulmerton Road Largo, Florida 33i74 Attachment number 1 Page 2 of 5 EmeTgency Medical Ser�ices ALS �irs# Respander Agreement Extension EXTEf�S�QN OF ALS FIf�ST RESIPOhJ�ER SE�VI+CES AGREEMEMT �4GREEMENT made this day of September Z011 b�tween, the CiTY �]F CLEARINATER, a Flari�a municipal cr�rporatior� ("Contractar"} and the PINELLAS CC�IJNTY EMEI�GENCY MEDICAL 5E�V1GE5 AUTFi JRIT'Y, a special district ("fl�thori�y"). In cansie�eratiar� of the mu�ual b�nefits set forth belaw, th� parties agree as �ollows: �. Contractar currently contracts w�th the Authc�rity to prc�vide Advanced Life Supp�rt �ALS) First Respander Ser�+ices. 2. The A,LS First Responder Services Agreement hetween the Contractor and th� Authrrity, dated (the "Agr�ement"} is set to terminate on September 30, 2Q11, 3. The term af the Agreement �hall be exter�ded to and including Sept�mb�r 30, 2� 12. �. Contractor and Authority agree �hat upon approual af this extension, exc�pt with regard to the extensian of the t�rm of the Agreem�nt ar�d the matters s€�t forth in para�raph 5, ali terms Qf ti�e Agreement wiltl remain in full farce and effect as if the origirral term Qf the Agreement exter�d�d ta September 3(}, 201 �r 5. The Authority funded and authorized ALS Fir�t Responder lJni#�, listed �� Appendix °�°, and th� Annual Compen�atican fc�r FY11-1�, list�d as Appen�dix "B°', are attached fi�ereta, Attachment number 1 Page 3 of 5 �mergency Medical Servic�s ALS First Respander Agr�ement Ex#ension F'aae � IN WITNESS WHEREQrF, tt�e parties hereto, by and thrc�ugh their undersigned authorized' �fFGCers have c�used this Extension af �irs# Responder 5ervice� Agreemenf tQ �e executed on this day of _ , 2[}11. P�TTEST: KEN BURKE, CLERK �y: Deputy Cferk APPR�VE� AS TC7 FQRN1; C)ffice af County Attorn�y Countersigned: Mayor APPRQV��7 A5 TO FC]RM: PINELLAS CC3UNTY EMER+GENCY MEQICAL SERV�CES AUTH�RITY gy and thrc�ugh the Board of C�un�y Cr�mmis�ioners by: by: ATTEST: C�airman City Manag�r by: Cmty Rttorney City Cl�rk Cantractor Clearwater �un�din East Lak� Gulf art I�argo {in�luding Belleair Bluff�} �Lealman {in�kuding Tierra Verdej Madeira Beach Ofdsrnar Palm Harbor �'inellas Park Pineflas 5uncoast Safety Harbor St. P�te Beach St Petersburg Seminole 5c�uth Pasadena 7ar,�v� Springs Treasure lsland _ UpdaEe June 15, 2011 �p�F1f�IX 1�I ALS First Res ander �lni#s Authority Funded Engin� 44. Rescue 45 Rescue 46, Rescu� 47 Rescue 48. Rescue 49 Engine 5Q, Engine 51 Engine 6�, Engine �i1 En ine �62 �r�ginE 56, Squad �7 Engine 58 �n ine 17 Engine 38, Eng�ne 39 E�ngine �10, Engine 41 Rescue �1, Rescue 42 Engine 43 Engine � 8, Resc�ae 19 En ine 'f9, En in� �1 En ine 25 Truck 54 Engine f5. Engine �i5 Truck 67, En ine �8 Rescue 33, Rescue 34 Truck 35. F�escue 37 Engine 27 Enqine 52, Truck 53 Rescue 22, En ine 23 Rescue 1, Rescue 3 Rescu� 4, Rescue 5 Rescue 6. Rescue 7 Rescu� 8. Rescue 9 Reseue 14, Rescue 1 � En ine 12, En ine 13 Engine 29, Squad 29 Engir�e 3[7, Engine 31 En ine 32 R�scue 20 �ngine 69, Eragine 70 —L � � _ Attachment number 1 Page 4 of 5 Contractar Funded Engin� 45, �ng�n� 46*' Engine 47"', Engin� 48 �ngine 49 '"" May Qperate Engin� 46 whcn Rescu� 4� is out of service far training. May aperate Engine 47 when Rescue 47 is raut af service for trainin . Nane Nane �Jane Squad 38, Rescue 39 Tactical En�ine 41 Truck 42 Speciaf Rescue 23 None F2escue 54 or �n ine 54 Squ�d 65 Truck 33. Engine 34 �quad 27 Truck 28 �Jone None Engine 3, Engine 4 Engine 6. Engine 7 �Jone None Truck 69 None Appendix B FY'11-1Z Annual Compensation I Cnntractor , �elleair Bluffs (Largp} Gl�arwater . Dunedin Cast Lake Gulfpart Large� �Le�lrr�an Madeira Beaeh (�Idsmar Palm Harbar Pinellas Park Pinellas 5uncaast 5afety Harbor — �emine�le Sauth Pasadena St. P�te Beach St. Petersbure� Tarpon Springs Tierra Verde {Lealman} Treasure Island � FY7'f-12 - S445,492 �5,03�,611 S 1,2 �0„76G $1,23$,fi16 �390,1 a� �3, 7�2,627 �1,251,801 �340, 835 5384, 248 $1.826,7$5 � �2,845,271 $588.966 $845,918 ,'�. y�.{}58.591 �712,589 ' $�,21E,C772 $12,414,148 $8$4.(394 � �319.461 , �395.837 . Attachment number 1 Page 5 of 5 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Employee Health Center Performance Presentation (WSO) SUMMARY: Meeting Date:8/15/2011 The Employee Health Center began operations in July 2010. The presentation discusses the utilization of the Center, the costs of operations, and the savings that have been realized during that time. Review Approval: 1) Human Resources 2) Clerk 3) Assistant Ciry Manager 4) City Manager 5) Clerk Cover Memo it f 1 ar at r Y o e w e Employee Health Center Initial Utili.zation Statistics �Tuly 2010 — March 2011 2 Employee Health Center Utilization Overview and Measures of Success Utilization Statistics • Clinic Utilization • Cigna Plan Utilization Measures of Success • Utilization • Quality of Care • Cost Avoidance HEALTH CENTER UTILIZATION EHC- Appointment and Prescription Utilization �-ii 1200 �IZIZI� :II �II �II 200 CI� July Aug Sept Oct Nov Dec Jan Feb Mar Total Medical Appointments —# Medication Dispensed 0 120% 90% 60% 30% 0% EHC — Appointment Slots Filled 90% 86% 72% July Aug Sept 85 °/O 1V�� num Target Utilization 90% � � _ 74% 85% 81 % 77% 76% Oct Nov Dec Jan Feb Mar 5 EHC - Exit Survey Results � � � �� ., .,.. _ � � � • � .. - Concerns Completely Addressed 94% Convenient Access 94% Courteous Staff 98% Prompt 98% Very Clean 99 % Completely Confidential 97% Easy to Schedule 95% 100% Satisfied 99% CIGNA PLAN UTILIZATION 0 CIGNA - Office Visit Utilization Monthly Average Office Visits (Primary and Specialist) 1000 :II �II �II 200 � �� , ��. Prior to Clinic Opening Since Clinic Opening 1/1/2009 — 6/30/2010 7/1/2010 — 3/31/2011 0 CIGNA - Professional Office Visit Costs $2,500,000 $2,300,000 $2,100,000 $1,900,000 $1,700,000 $1,500,000 4/2009 - 3/2010 4/2010 - 3/2011 Utilization adjusted fo� covered membe�ship dec�ease f�orn 2010 th�ough 2011. 10 31000 30000 29000 28000 27000 26000 25000 24000 23000 22000 CIGNA— Prescriptions Dispensed / r' / % s` � --� , 4/2009-3/2010 4/2010-3/2011 � Utilization adjusted fo� cove�ed membership dec�ease f�om 2010 th�ough 2011. 11 $2,500,000 $2,000,000 $1,500,000 $1,000,000 CIGNA - Pharmacy Costs 4/2009 - 3/2010 4/2010 - 3/2011 Utilization adjusted fo� cove�ed membe�ship decrease f�om 2010 th�ough 2011. 12 -�� 360 320 ;I 240 200 CIGNA - Emergency Room Visits � 4/2009 - 3/2010 4/2010 - 3/2011 Utilization adjusted fo� cove�ed mernbe�ship dec�ease f�om 2010 th�ough 2011. CIGNA - Claims Per Employee Per Month � �oo. o0 � � // // $500. 00 $400. 00 �300.00 $200. 00 �100.00 "' $629.38 $550. 80 $483. Ol $564.24 2008 2009 2010 *As of 3/2011 13 14 CIGNA - Large Claims Through March, 2011: 42 % of claims were generated by less than 1% of inembership Large Claims Through March Total Claims $25,000-$49,999 9 $304,917 $50,000-$99,999 8 $528,343 $100,000-$250,000 3 $3 82,509 $250,000+ 0 $0 Total $1,215,770 15 Cost Avoidance (through March, 2011) EHC Average Claims Total Net Utilization CIGNA Avoidance EHC ROI Plan Cost Cost Office Visits 8,966 $217 $1,945,622 Rx 4,185 $82 $343,170 Sub -total �2,288,792 CIGNA Claims �690,197 Reduction Total �1,598,595 $1,035,290 1.54:1 Employee 8,966 @ $25 $307,850 Savings 4,185 @ $20 16 Conclusions • Utilization and customer satisfaction are meeting expectations • Medical plan claims for items addressed by clinic are down • Cost avoidance has resulted in a ROI of better than 1.5 to 1 • Large claims are significant concern under medical plan • It is too soon to determine extent of clinic impact on large claims 17 Recommendations • Develop incentives to increase number of unique patients • Provide for promotion of facility directly to dependents • Develop incentives to increase PHA participation • Expand wellness initiatives offered directly through clinic • Determine potential benefits of partnering with other agencies Work Session Council Chambers - City Hall Meeting Date:8/15/2011 SUBJECT / RECOMMENDATION: Recommend the approval of a change to the distribution formula for county funds through PPLC (Pinellas Public Library Cooperative) to allow use far suppart of the Countywide Automation System and countywide delivery services far library materials. SUMMARY: The PPLC board is requesting that the funds, which are currently restricted for capital projects, be repurposed to be used for operaring expenses that support countywide services. It is their intent to use the funds to support delivery services and automation system support. Both of those items had been in member library line item budgets in previous years but the Cooperative picked up the fees, urilizing state aid funds, in 2008 to alleviate some of the strain on local budgets. Unfortunately, state funds have declined to the point where this is no longer an option. Should the change not be approved by a majority of the participating cities in the PPLC Interlocal Agreement, the additional cost to the Clearwater Public Library System budget would be approximately $30,000 a year. Automation and delivery are crirical services needed to continue the normal operation of the libraries. At this time, 5% of county funds for libraries are used for capital projects, 5% are set aside for administration and 90% are distributed by formula to the cities. The requested change would affect only the capital funds and would not affect the normal distribution. Clearwater has received support from the capital funds on a number of occasions, but there are fewer building projects happening at this time and the requested change would only reduce the capital funding level, so it should have only limited impact on the intended purpose of the funds. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo SUBJECT / RECOMMENDATION: Work Session Council Chambers - City Hall Meeting Date:8/15/2011 Approve a recommendation by the Public Art and Design Board far the commission, design and layout of a public art gateway to be installed at the intersection of U.S. Highway 19 and State Road 60 (Gulf to Bay Boulevard), as designed by artist Steven Weitzman, for a total cost of $45,000. (consent) SUMMARY: The theme and scope of the project were determined with input from representatives from the Public Art and Design Board, Florida Department of Transportation, and Parks and Recreation Department. The desired intent for the project is to commission public artwork that serves as a gateway to the City of Clearwater, identifying the intersection of U.S. Highway 19 and State Road 60 (Gulf to Bay Boulevard) as a majar thoroughfare within the city. The Public Art and Design Board appointed a five-member Selection Panel compromised of individuals representing specified interests and expertise as follows: Alex Plisko (Chair), representative of the Public Art and Design Board Elaine Illes, representative of the Florida Department of Transpartation Roberta Klar, architect and representative of the Clearwater Arts Alliance Felicia Leonard, representative of the Parks and Recreation Department Christopher Hubbard, representative of the Public Art and Design Program A nationwide Call to Artists was issued and four finalists were invited to create a site-specific proposal of artwork for the project. On April 21, 2011, the Selection Panel met to review the site-specific proposals and selected the concept of artist Steven Weitzman as the best fit to the theme and scope determined by the project stakeholders. On May 13, 2011, the Public Art and Design Board unanimously approved Mr. Weitzman's proposal. The Board is recommending that the Council approve the proposal for the commission, design and layout of a public art gateway composed of patterned Mechanically Stabilized Earth (MSE) walls and LED lighting enhancements. The City will fund Mr. Weitzman's proposa] of $45,000 from the Public Art Discretionary Fund (0325-93608). FDOT will fund approximately $130,000 for the fabrication, construction, and installation of the public art gateway as designed by Mr. Weitzman. The Public Art and Design Program has worked in close cooperation with the Florida Department of Transportation to design and implement this project. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0325-93608 $45,000 $45,000 2010 to 2011 Amount $45,000 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment None $45,000 Cover Memo Review ApprovaL• 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Ciry Manager 6) Clerk Attachment number 1 Page 1 of 6 lacation: Florid� �Dl� iJ.S. Higi�way 19 and State Road 6{� Intercf��r�g� Prnie�t_ Sr►r��sis: i6ae tE�err�e and scope c�F the �roject were deterrreinec! with irrput �rc�m r�pr�s�n#ati�es �rorn the Public Art �[7esi�� 6a�rc}, Flarida �epantr�en# af 7ranspartatior�, and Parks & it�creativn Depart�ent. �h� desired k�tent fc�r the prvject is tca c�mmissio� pub6ic artwe�rk that s�rv�es as a gateway to th� Cr�y �f Clearwater, 'cdenti�ying the interse�tiQn Qf U.S. Fiigh�way �,9 and 5t�t�e Road 6� (Gul€ t� �ay Boa�evard] as � rroaj�sr tharaughfare within ti�e city. ��t: $45,[�0(l 5�lectiot� Panel: Alex Pliska �Chrafrj, repr�s�ntati�re af the Put�lic Art & Design 8aard Elain� llles, re�resentat�ve af the F�orida �epar�mer�# vf Tra�,sportation Roberta Klar, arc�itect and representatiae o�t'�e Cl�arwva#�rArts Alliance Felicia 1.ecsnard, representaiiae af t�e Parks &�,ecreation Departr�ent Christapher Hu�krard, representati�e of �h� F'ubhic Art & C7esign Prograrn P�blic Art & [�es�n Bnard: Joshua Bcsrnste�a� {Chairj. �learwate� Arts Alliance representativ�e Rot�ert 1. Entel, Cc�t�muni#y represer�taiive Alex Pfiisko, Ar�hit�c# repr�sentative J�dith Pow�rs, Pinel3as �aunty Cu�tura6 Affairs represent�tive .iohn Timberlake, Camm�n'rty representative Su�tar�a Vol�itis, Artts� representativ� �lnv,+a�d Warshauer, Commu�ni#y r�presenta#ive Selectior� Pr�ce�s and Crit ria: The five-mem�er 5e�ec�tia� Panel re�ierve�d qu�lafications from fa�ar toeal artists direct6y selected for inwitati�rr due to th�ir spec4�liaation fn hig�way and tnfrastructure enhancerx�ents.. Artist quali€ieatiar�s anti past �rojects were e�aluat�d or� their artistic c�nt�nt, budget, durabi�ity, at��E ather c�tegor�es inc9uded i� the I�ationwicfe Call tc� Artists irscluding specific crite�-�a such as: � Servdr€g as a gater,�ay arrd prime entrar�ce tc� the City af Clearwater • Id�ntifyi�g the ir�terseet"son of US 19 anct St�te Ftr�ad 6Q as cane caf the city's rrta}ar t#�vraughfares • Pravic��ng an ar��stic enhancemea�t to necessary infrasiructure Ratio�aal_e for Se��tit�n: e 5e�ection .,,�....�.. �h �anel cieterminec� that the desi�n and prog�vsal afSteven Weitz�rsan best r�fhected the stakeholders` des�re fc�r artwark that presented th� int�rsection vf U.S. �1i�hway 19 a�d S�ate '�vad 6D as an �can ar€d g�teway ta the City of Clearwat�r. s�r. Weittrnan's prvposal aisQ de�r+a�str�te� a keen ins�ght in�o f�ow ta h€�hf��t�t �h�s ir�tersection thrau�h the use af colar ar�d �cc�nagraphy nati�� to Clearwater and lif� along t�e Gulf of �vtexsca anc! Tampa Bay. Tks� ��r�el va4ued M r. W�itxman's reputativn and ca�aperatt�e wark prcaeess as wel! as t�e variety and compnsiti�n Of fais previaus works, Attachment number 1 Page 2 of 6 C)@sGription fl� Prnjert: T�# le: lf �#i#Eed Metti�m: Mechan�cafly �tabi6iret� Earth �MSE� panels, LEf7 lighting, stai�n and paint 5 �ts sis "Llntit�ec#'° will cr��+sist af a variety of specdally desig�ed and c�st Mechan�caily Stabili�ed E�rt�► �MSE) paneQs that will b� assemb9e� tc� fvrrr� a b�aeh sce�ne csf undaalating waves re#reatir�g k�ack frorn a sl�ell- cQ�rered shoreline. Th�se M5E wa�ls will be stair�ed a cream cnlc�r tn vf€s�t t#�+e trad�tional grey c�lor af MS� walfs used ir� standard interchanges. 7h� faeam nf the h��hway sverpass wi�! be painted a blue, huet� ta cora�pdiment the cream of the MSE walls and to �ravide a surface to ref�e�t blue LE�D li�hting ta be installed alang the nuerpass, illumina#ing the structure at night. Th� desir�d �ffe�t is t� ilfuminate �nr� pr�sent the intersection as a gateway ta Ci�arwater and se# it ap�rt from the ne�merous atf�er ouerpasses and flyovers that are pr�sen� al�r�g �1.5. �ighw�y 19 thraughoud Pirsellas Courrty. Ar#ist Grec�entials: Rec�nt Pubiic Art Proiec#s= 20[�9 — La C�of�a Bou�+ev�ard, Tescsor�, Ariz�na Local a�sthetics representing t#�e southw�st wil! �e integrated into a new '�rid�e and hi�hway walls. 20i19 —1-35 Cc�rrpc�or V'Vid�n�r�g: Aesihet�c fVlaster Plan, IVOrman, DicPahama Thernatic apprflaches far eig�t bridges that iPkustrate th� c�sltur� �nd aest�etic af �larman, aK. 20�9 — I-3� Corric�or Widening, Norman, (Jk�ahama Reli�fs af horses galfoping acrr�ss the parapets of two bridges �s part of the I-35 master plan. 2�Ji�9 — Broadway Extensian at ��moria� Raad In#erc�ar�ge, '�c#rr�and. (3klahar�a Three rsew P�ridges wi�f� indigenaus ston� and wvv�n patters color�d and c�mbined with specialty des�gns, 2Oq�— �93`d Eas€ Aven�e and US 4�.�/I-44 �ntercha�ge, Tu�sa, �kla�avma bes+�ns f�r a�ridge, parapet and �mbankments based r�n Art Deco �nd Cherakee i�anagrap�y. 2k7C7$ — �-57 Br�dge, fNarion, allinoiS Bridge rr�arking the entran�e ta the 5hawne� Nati�nai Forest thas incar�c�rates d�signs vf indigenr�us piants, ar�irnals and rock for�atians. \ � ��`�'�\\��\��.� � � , �, '" � �' � , � �. ti � �� '�� `�` _ ; ;� � � -- � a� ��'�,�t 4��' \"`"` -� r ' M `ti'i' '"�;� �� t tz � � ��'.a.`%� � � , `, l,;i ' ,,'I' ��,��. ,`��''� . fi � , , ; ` � �. �� ,'.. ` ` .y ir �I }`+`� � �\ _ �� ► � � �� .. ' �'' � �,'�'`��;` t � n L' L� _ '!�: �� a ' § �� i"� ''��1 f � � ` � V et��;�� ' • ; � \ �� 9, �� ; a� ��yi ,�'L: �_� �� 4 ``. ', .,•,i.._ �_� '� i�� i �i"1��,� �!�,� 1� .,�. .i�r�\ . �. yi��a,�,L�� .�:- • ��\ 1jl� i � �, �. , , .�� 4 ` '' ! L .�. �� , f � i'1� .. � `,� � � ,'1 ! . i i , � F 9 '�i (* ' . i ;� � 1 M1�. r � �' rt :', '{, . 4 M ��'`�;�'L .. , ` 4 i��{ � ",? � '� �, � i 4 � ��.�tii' j �; � �` �`�, �;1 ' r ` i' '" " `'t 1, , � 1�� l�`)s f Ya, w � �� ,� �� l ��.�� , iw � o,�'''� 'y , � �. � !-�. - � � S, . �� ,�� i . �� • f ¢1� ��R �s li l �i �4��`t` �, �l ,,,-• �� < < p � �4�� 1 ��LY 1 � � �, � k . ' " r � . . .. � r `q,, �. + '.4� �,� i. y-i Iti-.- ,�, l " �,��t �`ti �`� ' � l� � ._ ��. `' ��M ► , \ . � �� '' I.;! '` 4�,"_�.�� ``'.� \ . .. i � � �� \ � ° �� i � � ', 1,'� 1'4\� ` � 4 � � '' 1' ��`r1\ '1 . "� � ;' , ', � � r 4 t � � �•{� 1 � ' ' a � � � � - Yr �. . ► 1� , � P � � �` � � i � � � � � �,, � r " �� ,.., ,�, . � i; �4� ' , � �� , , `,. � y Attachment number 1 Page 3 of 6 � � ��,��'��4 � �\� �� ,��. ' - ��`j � �. 1� �. .�,`� � �•.� . �� .ti�'`, ` .�� ,\ . �: .�� \�\^`,� .� . . � ti�� \\` \��,\` � ~ `;�ti \�j•�`\ �'_s`` � \��, \ � � � . `ti� �: ` '�1�� \ '�, �•. '� � � . < ,t - . .'1 _; '\ � �4, '1"` �`.\ '` .` . . 1` ' • 1��1 �� ; ��`\ � \' . � ,' '' � � � . � �: ��\\ '`l'� \ . � , ��,��- . �, , '_,'��` �� 1 �`ti�`�•.��. .. ��•`,��.'� ` � � ``_ � �.�� `t .`��.�.� `��,`�`,` \L ,�\�.'�.� 4�. . . . �' '� ,, � • � ti , , � •. ;' '\\;, ``� , � \R.�..� t. ., ``` '`_` ` ,� t'��; ` +.',� \-_ ,�' . , ,' ,` `• ; S'�`'�`}�� r�,-,� '',,` '� �� 1.,,t - -. �\ `� \� ��., > � r � , . , � i � � t � . � '.� t` � ' L � 1 � � '\\ � �i �� . ` _ _ . .; , � '��;, '� ` �, , , _ . . �`-: `,,` ', - � -.''.: . '� � `�;_�_ . �;- �� ' ; _ , . _ +�`. . _ - . . � ,M4,�6: h, Attachment number 1 '. _ _"' Page 4 of 6 �, � �=� " � � 1�� . � �..�,''�\\\ �� '� � � ,�,� � � �. `� � � �� `\� � �y� `\ �� - ' �,Y,I �,.., ' � � ,. _r . . %J< , •_, � ��.�.,�,. ��,`'\��=�.� — -- � — •---� _ � � � �� _ �► �\ -±� �� `1� . ._ �\� ' , k . � 1_ � `'�4��\�� `\\'� �; �r , � � � �� ,�� , , '� �. . � �`��,,� `�;�\ � {'��e�� E ' � "i . ' r v�` � \ F ' - T ` _ _ ,`l� � , `.� . \S� \�, \ � , �. '��. _ �, � � �� ,._ � r � \�� , ```�- � �t . \ y � ry �� y � �.�� q�� • � � � � � � , �� `�y,��M'y,�`�l� ._= ��,1�� , , ',` ., � ,.��- Attachment number 1 Page 5 of 6 . � � . � . � ,�^ " ' .r - a � ♦� 1 ir- ��i �� , 4�: '�+ � � 6 �?��, � ��= � � �� -.�.� :.�� Attachment number 1 Page 6 of 6 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:8/15/2011 Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation of the School Resource Officer program at Clearwater High School, Countryside High School and Oak Grove Middle School for a one- year period, commencing July 1, 20ll through June 30, 2012, and authorize the appropriate officials to eXecute same. (consent) SUMMARY: Under the terms of the one-year agreement between the School Board of Pinellas County and the City of Clearwater, the City will provide law enforcement and related services to Clearwater High School, Countryside High School and Oak Grove Middle School during the regular school year. The assigned officers (1 per school) will provide instruction in law education, will serve as resource persons, conduct investigations, provide security and maintain the peace, make arrests and provide support services as necessary. The annual cost of salaries and benefits of three (3) officers over the one-year period will be $284,064. Total annual reimbursement from the School Board will remain at $49,011.50 for each officer, for a total reimbursement of $147,034.50, reflecting no revenue increase to the City for SRO services during the 2011/2012 contract period. The difference of $137,029.50 will be funded from Special Law Enforcement Trust Fund (SLEF) proceeds. At Third Quarter, special project 181-99264, School Resource Officers, will be amended to reflect the 2011 /2012 funding. The cost incurred by the Police Department is offset by the benefit of the program to the community and the Police Department. All procedural components of the contract remain the same as those outlined in the 2011/2012 contract. The Police Department has maintained a good working relationship with the School Board. School Resource Officers have been assigned to Clearwater High School since January 1, 1985 and Countryside High School since January 1, 1986 and Oak Grove Middle School since August 27, 2007. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: Yes At Third Quarter s pecial project 181-99264, School Resource Officers, will be amended to reflect the 2011/2012 funding. Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 181-99264 $137,029.50 to Amount $137,029.50 Annual Operating Cost: Total Cost: Appropriation Comment $137,029.50 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manage��O�o � � � � � � � � � � � 0 0 0 0 0 0 0 0 0 0 0 y O CD � O O O CO O 00 1� M � O N M N tn N �t O M CO M � � L V C � CO I` t0 CO U) � O M I� � N O� f� O Cfl � M f` 00 CO N CO CO � �� M I� � O � f� f� 'V' O N.-- tt � V CO CO CO O � N I` 00 N N � �E �C �+ � � N � ��., � � o � � � � � Q i� (0 N� � f� � U �.Y U. � � . V � N � � U � r.. C� � Q. � � � � � N O � � � m °- � � � � m U U U U � � Q�— Y � � ^' ^` L �N- �`� � � W � W � O � Q O O O F- a LL � J� I- F- � O�t 00 Ln Cp O O N M � N o�0 c�i V �� M� C�O O �� Ln O 00 N 00 cY' V' Lf ) y CO CO Cfl O �t � I� N � O � w � � �' � � � � O � m � � � � �' `_ � � Q � � +-� � o � N � �-�. Rf N� � o c- � �'v= � 3 . � � � � U a� .� U� a -° = a�i � N a=i o a� w a� oo °- � � c v m U U U U � � Q�— i� RJ �. � 4- V a� 0 000 I-° �� i�� F°- N � CO N N I` � �' M � � � O � N � rn � 00 � O O M N � CO O (� O lC) � 00 CO �t M O) N 00 � �(") M c- C� � I I � � o � F (6 � (6 � � � � L � Q � � � � � � C � (Q � � � � � O � U� 3. � m o� � U a� .,.. �i n _° � a� ��' a�i o � � � m °- � � _ � m U U U U � � Q � — � � � "_ "-' U u� ,a? o .«r �. 000 F�- ��I-° � N � � N � N 0 O � V ._ � lS� � i�, � M N ,,,, C �' O O C � � f� f� U � � v c� � � Q � � � _ C > � N = � � � m ,� U J a � � � � � � �4 V" � M ,r,i, = O O C ' � � O = � U � � O � Q ti O O � N � � � � � C > � a� � � � � m �y U J � � � } o � �C V" � M �.L+ C o O C ' O = � U � r' O � Q ti O � � a- � Q� � � L.. C � a a� � � � � m � � W � � Attachment number 1 Page 1 of 1 Attachment number 2 Page 1 of 8 � • • "` i ' . , . i •' .�' i �f ♦ *. 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F're�gram prc�vides an �ppc�rtunrty fcar s#a�der�i� and I�v�r �nf�r��m��t c�ffi��r� io h�v� posit6v�� it�teractio� with an� �r�o�h�r �rvhich �r�hance� I��nr et�fcar��rr�er�i c�ff�c�rs' s��eric� te� th� ��rr�rntar�ity, ar�d ,�h� �ard ar�d Th� Gity �a# �le� ater ir�tend tc� pr�vide laenr �r��c�rc�rr��t ared r�l��ed s�rv�ce� t� th� pubiic schcaols c�f Pinell�� sunty �� h�r��ft�r d�scrib�d, ar�d , t�� a�rd �nd �� ter P.D. urill m�tually b�r��fit frctr� th� �RC) F'rr�gr��., ,�° � , fit�r c�c�od ��d valuable c�ns�derafiic�n, fih� r��ipi �nd s�f�ici�rt�y �f �1�6�h �r� h�reby �cknc�v�rl�dg�d, t1�� p�rties �gre� �s foll�,vv�: � " - • • r +� ' i . • "" � - ,� ♦ � * ` a s • •� '"- s , • . • .. .'. 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A d�sk a�ri�h c�ravvers, � ch�wr9 �ork tabl�, filir�g caban�t, and caffi�e ��ppl�e� {�.g. �aper, p�nci9, p�r��, et�.�. �► ,: • �► _ . . r a - „ ,; ,, �. • � � - - �r - a �r +� - - . - �r - . s • .. . . +► �� . a s� „ .. •• . - • .� . _ _ .. 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" • "` i . ° 4 �I ' . .+ r � �, �' �� " � .,# a " �w' . ` " � 4 * * C�c'��'f.� �C?� ��i�f �f c�6�� F'ie�ell�� o�r�ty �choc�i� Pol� 1 � 11 � �. �I�her d, �.�rg�, F`L 33773 �• � � • • ..�;. �� 4�, � � f �. i. yi.. i � � �t ! s' �, "' . • ' � +t : +r . �r i � . �• 1 � . s . • � • • • +� s _ s . •: +� ; +► I! r r : s � ,. . .. w � . . � � , ,. ♦ ' yr ! .. � .� .. � • R �I :.« � , � , r .� .. ,.' ' • i • . Ik , IF *' . " . . ' ` . < ", i i • . M i ,. . > ! i i It . ,� � • . i # 1 • " " '" Attachment number 2 Page 8 of 8 �1 * i .. . ! . �.. t � . . , .. � � -: w ^ i �w •• t r ' 1i . � # # i + �! . " �t ' � # � « � i., . . A • • # . ` , � . f. r � � � �, �� . �. f . � ! li i! t : "` � "` w ♦ . ij ,. " +1 � "` �' ! M : ! »+ wr i ,r � • ' "':i ! " �. .!M .i • i . ., . ..� « ., � + . . w #: n .. . .. � �: - � � �,* +� ♦ 4 ;,.. . �. �. ,, * � � „ *, � fi i � � � � , ,,, +t � s • . • i . � .. � . r: i + 1Y "` � "`. , � .r • - :r "` i ��.. ; • ♦ �:. ' 11 i . " �� ' t . ' � ��: • " • ^ .. ^ , � � � � � ' t�1 M' • .' • .r r * i i i . i ! . ! • � � ,�:. � . .. � [ ,. � � � .. ;.. . .. ., ; ': • . ! • i "+� . • * : • .. � .w � . i * � ,. • r w . s � �, ,. ,. :. � Y i. .. . � . ,.. ,. � +. +► � � "# "f! . i ' ` i. r �i' �;: � s � ' � �:� � � �. a � �'; 'r` � ♦::., l' �i1Ct$: �h�irrrtar� • n +r. � „ � ,� � i, �, �riCif; ��y 6l��r��ger +�rs rr •• . + • •, � i� � � 1I► " • �Ciilt: E°�iltlt: �er��r�l �c�ur��l, Pir�ell�� o�r�ty �ch�o�s �ity Rtt�arr�ey Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:8/15/2011 Approve a purchase order to Glass Aggregate Systems, the lowest responsible bidder, in the amount of $89,812.00 to purchase a model H-200 glass crusher; award a contract (purchase order) to Angle and Schmidt General Contractors (construction manager-at-risk) in the amount of $68,750.00 to accomplish site work for the glass crusher slab at the Solid Waste Complex; approve the use of approximately $41,438.00 for other set-up charges associated with a glass recycling program, far a total of approximately $200,000 in expenditures to be funded by the Recycling Fund's Capital Improvement (project 96805) and authorize the appropriate officials to execute the same. (consent) SUMMARY: Solid Waste/General Services wishes to re-introduce glass recycling within Clearwater. Staff anticipates collecting approximately 10 tons of glass per month, thus taking over 520 tons of glass out of the waste stream annually at a savings of $19,500 in disposal fees. The crushed glass aggregate may then be marketed to outside vendors or distributed to Public Services or Parks and Recreation for use in their operations. Plans include self-service drop-off centers for residents to use. Citizens have asked for the service and the department is now ready to deliver this additional service. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0-315-96805-564000 0-315-96805-563500 0-426-02043-550400 Bid Required?: $200,000 20ll to 2012 Amount 90,000 110,000 23,672 Yes Budget Adjustment: Annual Operating Cost: Total Cost: None $23,672.00 $233,672.00 Appropriation Comment Machinery &amp;amp; Equipment Improvements to grounds Operating supplies &amp;amp; Materials Bid Number: 06-11 Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Solid Waste/General Support Services 4��}�q�j�,l Approval: Services 5) Office of Management and Budget 6) Legal 7) Clerk 8) Assistant City Manager 9) City Manager 10) Clerk i.+ Y C � � � � � Q � v � 0 � OA � C � N � � ++ t O � V �i+ Q% U � � � � � O � c ll -6 O N � (0 U O. 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O O C �•��-,, N t3o ^ w o\° � Q � H O � � O Q � � O w c no J o m 3 m >. .a c °'3 �° � v, E c �_ +�Y � v � Q.� Q,� y O W � v ++ O � t CO � ��+ 4�- V � i � C v v�i C�J w CJ d Q m H lJ Y Y N N 3 3 � � C C � � O O � � T T N N � � � � O O Q Q Q Q � � � � � � V V � � Q Q .3 .3 Y Y 3 3 N N N N V V � � aL�+ aL�+ � � v v Y Y � � .� .� w w O O O � � n � ti � .-i N M N N t/} t/} �/} C O \ m i/} N � � N v N � � C C � � Q � � � W v W v � � N � L � Y C N L � a+ � v� � t0 U L Q N � V � O � `^ c° � � � � C C � O Q Q V Y � C N C � ~ +�.� V c �o '� Q � v � � 7 7 c c C C Q Q Attachment number 1 Page 1 of 3 Item Description Glass Crusher, hopper, screens, installation Self-dumping containers for crusher Core Drilling at proposed glass site Site prep and concrete Drainage Electrical & Lighting Canopy/Roof over Glass Crusher (16' x 36' approx 10'high) Permits Architectural Drawings Bin Blocks (walls) exclusive to glass site Total Estimated Expenditures Contingency (10% of total estimated expenditures) Additional Purchases to be Considered Glass classifying equipment (screens may suffice) Additional Annual Operating Expenses Annual Maintenance for Glass Crusher (est. $1-$3/ton) Annual replacement for glass crusher screens Additional Labor necessary to operate crusher Estimated Cost $ 89,812.00 $ 1,500.00 $ 1,830.00 $ 68,750.00 $ 3,000.00 $ 1,000.00 $ 4,500.00 $ 10,800.00 $ 181,192.00 $ 18,119.20 $ 199,311.20 Cost Unknown $ 1,080.00 $ 22,112.00 $ - $ 23,192.00 Attachment number 1 Page 2 of 3 Attachment number 1 Page 3 of 3 Comments Based on Bid Tabulation prepared by Purchasing Department on 12/14/10 Estimate (Bill and/or Tom may have exact numbers) Invoice received Proposal from Construction Manager at Risk (Angle & Schmid) No estimate at this time. ESTIMATE (provided by Lyle Adams of GS) Will not purchase at this time ESTI MATE ESTIMATE (based on costs already incurred and estimated future costs) Davis Concrete: $135 per block x 4 rows high x(160 linear feet/8 ft blook) If crushing glass, a classifier precisely segregates sizes, which helps with market desirability Estimated that Clearwater will process approximately 30 tons/month Estimated that Clearwater will process approximately 30 tons/month Initial plan is to incorporate these duties to current workload without adding staff Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:8/15/2011 Approve the applicant's request to vacate the 3-foot utility easement lying adjacent to and south of the north property line of the west one-half of Lot 26 and all of Lot 27, Carolina Terrace Annex (1116 Howard Street), and pass Ordinance 8280-11 on first reading, (VAC20] 1-02 McCluster). SUMMARY: The applicant is seeking the vacation of the easement in order to build a swimming pool and pool enclosure. Progress Energy, Verizon, Knology and Bright House Cable have no facilities in the subject easement and have no objections to the vacation request. The City of Clearwater has no facilities in the subject easement and staff anticipates no future need for the 3-foot utility easement. The Engineering Department has no objections Co the vacation request. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Debt-Bond None Budget Adjustment: to Annual Operating Cost: Total Cost: None Review l) Public Works Administration 2) Planning 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Approval: Manager 7) City Manager 8) Clerk Cover Memo Attachment number 1 Page 1 of 2 ORDINANCE NO. 8280-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 3-FOOT UTILITY EASEMENT LYING ADJACENT TO AND SOUTH OF THE NORTH PROPERTY LINE OF THE WEST '/z OF LOT 26 AND ALL OF LOT 27, CAROLINA TERRACE ANNEX AS RECORDED IN PLAT BOOK 12 PAGE 30 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, Daphne J. McCluster, owner of real property located in the City of Clearwater, has requested that the City vacate the utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The 3-foot Utility Easement lying adjacent to and south of the north property line of the west'/z of Lot 26 and all of Lot 27, Carolina Terrace Annex, as recorded in Plat Book 12 page 30 of the Public Records of Pinellas County, Florida is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Ordinance No. 8280-11 Approved as to form: Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 2 of 2 Ordinance No. 8280-11 NORTH N. T. S. This is not o su�vey south 10' of lot 22 3' UTILITY EASEMENT TO BE VACATED EXHIBIT "A" 21 22 23 � �,� 18 � O�,,l' �� . �, � c �� 20 W 3' utility easement J � z w � west 1/2 of lot 26 Q 27 2 25 Q � O � HOWARD STREET 24 Attachment number 2 Page 1 of 1 LEGAL DESCRIPTION: Vacate the 3 foot Utility Easement lying on the North 3 feet of Lot 27 and the North 3 feet of the West 1/2 of Lot 26, Carolina Terrace Annex. Property on which the subject easement is located is the S 10' of Lot 22, all of Lots 23 and 27, together with the W 1/2 of Lot 26, Carolina Terrace Annex. w z i Q z 0 � z _ � Q � � _,,��IIIIIII��IIIIII��,,._ .- This is not o survey ST J i1 � Q Q Q Q � w a HOWARD z � � � U W BRYANT � � � U F" p � � Attachment number 3 Page 1 of 1 LO CATI O N MAP Z c� ` v1 � EASY w w U� � � � N � U � Q � � � � � �� KING�EY ST �' C mpbell \ a 0 � Z �� QUEEN ST � � QUEEN m m � T Harvey o ALMA � � � o BELLEVUE BLVD � �� Harris Q Z � W�liamson Ln w w w m w � a o° Q Q Q p � o� �II w Wildwood w �p � � Y 0 o Q Q � D � Q � w � [ BELLEAIR � II w Campb I J }1 z Q w � � � �� w �SMITH II o SENE � PATTERSON 0 � HALL w� J J H � WYATT c C� � Q c� 0 H WOODLAWN ST � <� n n r z� on ; � �o� ` � o�PS �� a c�n 0e'`� � c�'( • �� a � I z ST �� L z � � o � ° c� o z Z � � � Z U r ¢ N ° cz.� I � o w � HOWARD ST � � � `�' � r a m RD CR-464 w Qw w PROJECT Q p Q O i LOCATION � r BAYVIEW � DR � ST Z Q O O w � � v=i a a o � w � ` � U � � (n g � a � � L.� 2 PONCE DE LEON � BLVD o.. xU olumbu Cir a�bo4 � STRATF�RD �� I Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:8/15/2011 Award a coniract (purchase order) to Gregory Electric, Inc. of Clearwater, Florida for the construction of the Skycrest RCW System — CSX and Keene Road Jack and Bare Project in the amount of $206,754.90, which is the lowest responsible bid in accardance with plans and specifications, and authorize the appropriate officials to execute same. (consent) SUMMARY: This Agenda Item is for the installation of a 12-inch reclaimed water (RCW) transmission main beneath the CSX railroad right-of-way at the intersection with Keene Road for the expansion of the original Skycrest RCW Project. The City of Clearwater Public Utilities RCW main along Keene Road currently ends at the CSX railroad crossing. This project would allow the RCW system to be expanded north from the CSX railroad crossing. Due to low construction costs the City is experiencing in constructing/installing RCW pipelines in the City, amendments to the Southwest Florida Water Management District (SWFWMD) Cooperative Funding Agreements were approved to expand the areas from the original scope. The First Amendment to Skycrest Project was approved by Council in November 2010 for the Skycrest Expansion. The goal of this and all other reclaimed water projects is to reduce the amount of potable water and groundwater being used for irrigation and other non-potable uses. In addition, expansion of the RCW Distribution System in accordance with Reclaimed Water Master Plan brings the City of Clearwater closer to achieving zero-discharge of effluent to Tampa Bay and adjacent surface waters. The project was competitively bid, and Gregory Electric, Inc. was the lowest responsible bidder for a proposed fee of $206,754.90. Construction, Engineering, and Inspection services during the construction period will be completed by McKim and Creed, which includes daily on-site construction inspection, engineering assistance with onsite observations and interpretations, review of shop drawings, attending meetings, and providing record drawings. The contract period for construction is 90 consecutive calendar days estimated to start in September 2011 and finish in December 2011. The Public Utilities Department shall own and maintain the proposed improvements included in this contract. A third quarter amendment will increase budget only by $136,942.99 in Capital Improvement Program project 0315-96739 Reclaimed Water Distribution System of other Governmental Revenues (337900) for SWFWMD's share of this project consisting of $103,377.45 for construction and $33,565.54 of previously submitted contracts ($28,837.50 of Design fees, $3,840.54 of Pipeline Installation, and $887.50 for Jack and Bore). Cover Memo Sufficient budget is available in Utility R and R project 0327-96769, Reclaimed Water Distribution System in the amount of $69,811.91 to fund the remaining balance of the contract, for total funding in the amount of $206,754.90. Type: Capital expenditure Current Year Budget?: No Budget Adjustment Comments: See summary secrion Current Year Cost: $206,754.90 Not to Exceed: $206,754.90 For Fiscal Year: 2010 to 2011 Appropriation Code 0327-96739-563800-533- 000-0000 0315-96739-563800-533- 000-0000 Amount $ 69,8ll.91 $ l 36,942.99 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment See summary See summary Yes $206,754.90 Bid Required?: Yes Bid Number: ] 0-0026-UT Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) City Manager Cover Memo Attachment number 2 :..� IJ � .. .r D7 -J �.'.+"� 'n 1- �� 1:-� -- r`a ; r ~; ,— � -� — .0 r; — — — r r� i., ��. 't� n 7� Z - � r ) ✓ i.� r.s � .: �, ��,. r CJ - � " �' � r� � � — � � , 7tl r'b � '� J �T. � ,:= � _ � �" r �� u.:. n n -- � l—' - 1 `y `' ^ - C ,� � � ^'! � ,� :n V'. 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[.l.'1ii' !�;��i�T I'RICi: Q�U. 1F, �I�I11��4rE=. [ti ��N I{:��ft(lI� IN °l'1-II�. 'I�UT:"I�L L31' T[�E 131llU1:k. !'1' �►[i,-ti[,l, 131a: C:i[.1PV(��:ll :1,� ()1i1.'S' THI�� C!iY["1' I'k1C'E'; :'4N1) Llil1'ii' 41;1l1 i'F��CI' �H.r�1�L crr�v<<,€t�v. S�c[icmV.Js�c I'.i�e I�i c�l l4 �}i'?71�U1U Attachment number 2 Page 3 of 3 �IDllCPt'S I'ItCDI'C)�.A�L �R�,TEC:T: :Skrcrest �CW ��'strrn — C�1 � kc�nc '�t��! J�+�k & f�ure iPrai�ri # 1D-(l(126-[�T1 ��afii�c°�or�: '��,�.n,,€�c�, �.'�e��c.p�. �c�. -------- F3II�DF:R"� G1�Ant?'�i}"�,�.I.., � � .�'[� [�ur��l�c;rsj L3IDUGIZ'S GRAIVI.1 Tf3"CALr�i�r7�,,�r'��-eC� �.�`��a�� U� f'��°nrcisj T'HF �II�DER',5 +�I�.A�1D TC?TAL A.I�OVf: IS t-Ii5 '�"O'1`r1L 6t13 �,A�+ED tti�N HIS Cf�'+�IT PRE�:E� :�►ND LLr�2P �[I�7 PRTCES A�'�fU TIX� �ST�Z.�T�a (�L�:�NTITIES i��(�Lw1RED �'UId E��CH STCTT[��'. TFi�� FIG[TftE IS F�?R IN�'��t:1f1.4'!'Cfl�i [)i'V�,�' �►T TI�IE Til� flF Qf'i:i�ll'+iG I3�ll`�. TII1? C1T'�' 1vV'ILI; M?�KE: "1'His 'I`A13IJLa'['!()N HF�f?M THF UNdT �'ftICI�� r��1T.? LCiMi' St�i'!r'� E'�CE Iidl). �1+ 7`fII?l�l;. iS APt �:I�Rf}� i]'�' THT: TCtTr�iL I3Y TH� I3IQDER, 17" SEIALL BE CI�:�iV(`,�EU r1� UitiLY' TtfL [11�I`!' PRiCF.;� A`Tn ��[J;I��I' SUI�� FRICE SFi,��,LL �CCIVF:i�IV. SectiorrV.dn� Pug4 14 �nil� �7I271201[> BOND NUMBER: CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS Attachment number 3 Page 1 of 15 KNOW ALL MEN BY THF.SE PRESENTS: That we GREGORY ELECTRIC CO., INC. Contractor and THE CINCINNATI INSURANCE COMPANY (Surety) whose home address is P. O. SOX 14596, CINCINNATI, OHIO 42520. HEREINAFTF,R CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum o£ TWO HUNDRED SIX THOUSAND SEVEN HUNDRED FIFTY FOUR DOLLARS AND NINETY CENTS ($206,754.90) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the , day of , 2011, entered into between the Contractor and the City of Clearwater for: SKYCREST RCW SYSTEM — CSX & KEENF. ROAD — JACK & BORE PROJECT 10-0026-UT a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement far Bids, Form of Proposal, Fortn of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of caxe or skill, negligence or default, including patent infringements on the part of the said Contractar agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said wark by contract ar otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Page 1 Attachment number 3 Page 2 of 15 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien far labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of , 2011. ATTEST: WITNESS: COUNTERSIGNED: Page 2 GREGORY ELECTRIC CO. INC. CONTRACTOR : SURETY I: ATTORNEY-IN-FACT Attachment number 3 Page 3 of 15 CONTRACT This CONTRACT made and entered into this day of _, 2011 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and GREGORY ELECTRIC CO., INC. of the City of COLUMBIA, County of RICHLAND and State of SOUTH CAROLINA 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 Contractar, 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 the following: SKYCREST RCW SYSTEM — CSX & KEENE ROAD — JACK & BORE PROJECT 10-0026- UT FOR THE SUM OF TWO HUNDRED SIX THOUSAND SEVEN HUNDRED FIFTY FOUR DOLLARS AND NINETY CENTS ($206,754.90). 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, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. Page 3 Attachment number 3 Page 4 of 15 CONTRACT �2) 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, ar 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 t�e 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. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per dav for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per d� shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, fiarnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no fiirther payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Page 4 Attachment number 3 Page 5 of 15 CONTRACT (3) 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 By: William B. Horne, II City Manager Countersigned: : Frank Hibbard, Mayor-Councilmember (Contractor must indicate whether Corporation, Partnership, Company ar Individual.) (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). Page 5 (Seal) Attest: Rosemarie Call City Clerk Approved as to form Camilo Soto Assistant City Attorney (Contractor) By: (SEAL� CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORNn STATE OF _ COUNTY OF Attachment number 3 Page 6 of 15 On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, , who after being duly sworn, deposes and says: That he is the (TITLE) of GREGORY ELECTRIC CO., INC. a Florida Corporation, with its principal place of business located 2124 COLLEGE STREET, COLUMBIA, SOUTH CAROLINA 29205 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of , 20_, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perForm the construction of: SKYCREST RCW SYSTEM — CSX & KEENE ROAD — JACK & SORE PROJECT 10-0026-UT That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me This day of , 20 NOTARY PUBLIC My Commission F,xpires: Page 6 GREGORY ELECTRIC CO., INC. AFFIANT BY: PRESIDENT Attachment number 3 Page 7 of 15 PROPOSAL BOND (Not to be filled out if a certified check is submitted) KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned, Gregory Electric Company, tnc. as Principal, and The Cincinnati Insurance Company as Surety, Wh0'S 1CICIfeSS 1S P � Box 14596, Cincinnati, OH 452.50 , are held and firm(y bound unto the City of Clearwater, Florida, in the sum of 10% of Amount Bid Dollars ($ )(being a minimum of 10% of Contractor's total bid amount) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. The condition of the above obligation is such that if the attached Proposal of Gregory Electric company, Inc. as PrinClpal, and The Cincinnati Insurance Company as Surety, fot' work SpeCifled as: Skycrest RCW System - CSX & Keene Road -lack & Bore Project # 10-0026-UT all as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and specifications provided herefor, all within Finellas County, is accepted and the contract awarded to the above named bidder, and the said bidder shall within ten days after notice of said award enter into a contract, in writing, and furnish the required Performance Bond with surety or sureties to be approved by the City Manager, this obligation shall be void, otherwise the same shall be in full force and virtue by law and the full amount of this Proposal Bond will be paid to the City as stipulated or liquidated damages. Signed this 21st day of July 2011 , (Principal must indicate whether • corporation, partnership, company or individual) The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title; the person signing for a corporation must, by affidavit, show his authority to bind the corporation. SectionV.doc Page7of14 Gregory Electric Cornpany, Inc. C`/e!'��e_ aI�6/�.. ` �� 4. Principal B : �� - P�S I��- Y Title The Cincinnati Insurar�ce Comparry , . \ e i"�il D�� ` ` Surety - Susan R. Huffstetler Attorney—in—fact � ,J'l � ��., _.. 9/27/2010 Attachment number 3 Page 8 of 15 '�'�+ �II�I�11�t� � I �id�TJ�T�� d�I°v�'1�T`3� � F�i. ueld, Ohio �a��+?� O� 1�`�"�'Q�t�Y KNO Vi� ALL MEN BY THESE PRESEN 1�: 1 ha� TH� CiTTCINNAII INSU�ANGE COI�AIVY, a co�poraiion organized under the laws of the Siate oi Obio, and having its principal office ih� �I1e City of Farfield, Ohia, does hereby constiiute avd appoint � Rober� �. Livings�on9 Raye H.'Li�ings�on and/or Susan �. Huffstetler �� West Col_umhia Sou�h Carolir_a its �.-i!e and Iawivl Ai�orneg(s)-iu Fact to si,gr, execLte, seal and deliver o�• its behalf as 5use�y, and as its act a�d deed, �ny aad all bonds, poLcies, undeiialfln.gs, or oiher lilce ins�ruments, as follows: An� such obliga��ons in the T�n? �ed 5tat�es, up to • Twen�.� M�11ion and N'o/100 Dollars ($20,000,000.00). This appoiniment is made w-�der and by authori�y of the following resolution passed by the Board of Directors of said Corspany at a mee�'ng held in t1�e principal ofnce of �he Company, a quorum be;ng present and vo5ng, on the 6th day of December, 1°58, �hich resolu�ion is s�ll iu effec�: "RESOLVED, that the i'-iesident or aay Vice President be hereb� aS�o�zed, aud Empowered to appoint.A�iorneys-iu Faci of ttie Company to e�ecute a:ly aad a11 bonds, policies, undeitaLrings, or other 1i1ce instrmnents on behalf ai the Corpora�ion, and �ay authorze ��y o�cer or �y such A�omey-iu-Fact to af�.x �he corpora�e seal; a�d may with or withouf cause modify or revoke anj� such appoia�nent or authori�. Any such -,uritinbs so execu�ed by such A�torneys-i�- Fact shall �ie bindiag npoa the Cor�pany as if They had been duly execnted and acl�owled;ed by the regularly elected � olrficers of the Co�pany." This Po�aer of Attorney is. signed and sealed by facsi�zil_e uuder and by the znthority of the foLlowin,� Resolu�on adopted by the Board of Directors of �ie Company ai a�eetin� duly called and held on the 7�h day of December, 1973. "�SOLUFD, that the signatere oi the Presidevt or a Vice President aad the seal of ihe Company may be aifixed b� facsimile on anj� power of a�omey e aated, and �he signa�zre oi tte Secretaiy or,Assis�ani Secretary and the seal of tIse Company may be a,iS�ed by fzcsim.ile to any cer�i$cate of any such poraer and any sucu pouTer oi cei�cate be�iag sucs facsimile signaiure aud seal shall be val.id and binding on the CompaaST .Any such power so execu�ed and sealed and certified by certincate so executed aud sealed shall, with respect to auy bo�d or undei-Eakin.g to which ?i is a�tached, con�uue �o be valid aud b'udiug on the Campauy." IN ��ITNES S W�REO�, THE C7NCINNAII INSiTRATICE CaI�'�.r has caused these presents to be sealed wi�,h its coi-�orata seal, duly a��ested by iis Seuior Vice President this 1si day of Au;ust, 2004. �� L�+56�5 c°b '�a 1HE•�L CINNATI INSTJRANCE COMPANY c3 C�aFO?RTE 3 • � �` � r �� _ ��'a �� . � .f �, �Fd10 • Senior Vice President S �ATE OF OHIO ) ss: �OUNTY OF BUTLER ) On tbis lsi day of Aub st, 20Q4, beiore me came tLe above-nz�ed Seniar �c� Preside�t of THE CINCINNATI Il�SUILI�NCE COMPANY, to me personally Ia�.own to be the ofn'cer d�scribed herei�, znd aclnsowledged �hat t1�e seal, affi�.ed to the preceding insirumeni is the coiporate sezl of said Compzny and ihe corporate seal aud the signa�e of the oi��cer were duly zf�xed and subscribed to said ins��neni by �he aut�orify and direc�ion of said cor�oration. 4�,�6"-- � � � �C°�°�'P ��,6��,� .. 5b� �'y� �� o t�� .�.$ �� . �` � . � Q �.�,�,.y- : � � =� �� :�� ° � d ��._v ��'-�� `� ��`�r�`t �`� �.: e°'' � �v P�'P.. � �'� .,,L�� • �-�� :�if`� �. ��`�s� R'EEdP(i2�( 2i �BiAI NOTARY PUBlIr - ST�.TE OF ahta My con:nission has no =_xpiraiion dz�e, Section 147.03 d.R.C. I, the undersigned Secrcfary or Assistant Secreta.ry of 1� CINCLNZ�ATI INSIJlZANCE CO"N1I'ANY, hereby certi�� liat the abo �e is a tnue and cozeci copy �f t71e Ori.��.�al Power of Attomey issued by said Company, and do hereby furiher certi "ry i.hai the said Power of At'comey is s�i11 in fi�1I for;e and eff�ct. , GIVEN under my ha.nd and seal of said Compauj� at Fairfield., Ohio. �S 21st day of y7uly, 2011 • �� t n9prd ' . c �,e n " �c`�c Cca°F-QP„4TE ° • � SE,�L �� f�`�'i1 il /��-�'�-�--�_ 5ecre�ary Attachment number 3 Page 9 of 15 AFFIDAVIT (To be filled in and executed if the bidder is a corporation) � ��o1,�nc�. STATE OF F� ) COUNTY OF�t �- being duly sworn, deposes and says that he/she is Secretary of a corporation orga iz an existing under and by vi e f e laws of the State of Florida, and having its principal office at: � � a1,1_ lb�-,t 1onn, �4 . �'�I� .,.,.I�` ,. �� 2t ��_ � _ �� Street & Nuinber further says that he iu � .. ,. i . ... City County State familiar with the records, minute books and by-laws of rn�� ,�n�°-" ame b.�Corporation) Affiant further says that �'S� �'� . a�1 i �, � � (�� is � v p �� '�`�, �' (Officer's Name) (`I'itle) of the corporation, is duly authorized to sign the Proposal for for said corporation by virtue of ��,A;�jj� p� �u�i�� (state whether a p�ovision of b ws ar a Resolution of the Board of Directors. If by Resolution give date of adoption). � � ffiant Sworn to before me this � day of �(� 20�. , Notary Public ►�,'s� �i�r . ee�' Type/print/stamp n me of Notary , �f ��="'��+d� I£�'t�'�� Title or ran ; 3: et�� .:�- ��y _' .. SectionV.doc Page 8 of 14 9/27/2010 Attachment number 3 Page 10 of 15 NON-COLLUSION AFFIDAVIT ��1-�.-.�u t�%� �cc.. STATE OF �— � � COUNTY O� �� , ) �� _�i •�� ,a(J� being, first duly sworn, deposes and says that he is � �l � (' �° J -�'('�`��'P `� of \ C� � ►��1 °C� the parly making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that said bidder is not financially interested in or otherwise affiliated in a business way with any other bidder on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant or any other bidder, or to fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any advantage against the City of Clearwater, Florida, or any person or persons interested in the proposed contract; and that all statements contained in said proposal or bid are true; and further, that such bidder has not directly or indirectly submitted this bid, or the contents thereof, or divulged information or data relative thereto to any association or to any member or agent thereof. / ��.//� � ! � Sworn to and subscribed before me this � day o , 20� ' i i l. � i 1.� �;�1� — - ' � , - 1 �v (�ommission ExpiresJt�iy6� � SectionV.doc Page 9 of 14 9/27/2010 Attachment number 3 Page 11 of 15 PROPOSAL (1) TO THE CITY OF CLEARWATER, FLORIDA, for Skycrest RCW System — CSX & Keene Road Jack & Bore (Project # 10-0026-UT) and doing such other work incidental thereto, all in accordance with the contract documents, marked Skycrest RCW System — CSX & Keene Road Jack & Bore (Project # 10-0026-UT) Every bidder must take notice of the fact that even though his proposal be accepted and the documents signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract without a certificate from the Finance Director that funds are available to cover the cost of the work to be done, or without the approval of the City Attorney as to the form and legality of the contract and all the pertinent documents relating thereto having been approved by said City Attorney; and such bidder is hereby charged with this notice. The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties interested in this Proposal, are named in this Proposal, that he has carefully examined the Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications, General Conditions, Special Provisions, and Contract Bond, that he or his representative has made such investigation as is necessary to determine the character and extent of the work and he proposes and agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or apparatus, do all the work required to complete the contract within the time mentioned in the General Conditions and according to the requirements of the City of Clearwater, Florida, as herein and hereinafter set forth, and furnish the required surety bonds for the following prices to wit: Page 10 of 14 SectionV.doc 9/27/2010 Attachment number 3 Page 12 of 15 PROPOSAL i2) If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may, at its option determine that the undersigned has abandoned the contract, and thereupon this Proposal shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to become the property of the City of Clearwater, Florida, and the full amount of said check shall be retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the City as stipulated or liquidated damages; otherwise, the bond or certified check accompanying this Proposal, or the amount of said check, shall be returned to the undersigned as specified herein. Attached hereto is a bond r eertified check on Bank, for the sum of TWen �(�� , �t�c �e�eho d� a+n��li �}��$ �Ot�-t5 , �5 � (being a minimum of 10 /o f Contractor s total bid amount). The full names and residences of all persons and parties interested in the foregoing bid are as follows: (If corporation, give the names and addresses of the President and Secretary. If firm or partnership, the names and addresses of the members or partners. The Bidder shall list not only his name but also the name of any person with whom bidder has any type of agreement whereby such person's improvements, enrichment, employment or possible benefit, whether sub-contractor, materialman, agent, supplier, or employer is contingent upon the award of the contract to the bidder). NAMES: ADDR�;SSES: ,�V\i�A�r`Yl ` �c. " �t'�CS�GIQri� �C�- i►1��5 - �fic.� -� q J`� 1 �a � � - • l �..s�i�^.'�l�'�L��L"1!'�s�L•. , Iri`�`, . - - - -_- . � . Signature of Bidder: Q� C,t�rpor a�-i or1 (The bidder must indicate whether Corporation, Partnership, Company or Individual). ;::: SectionV.doc Page 11 of 14 9(27/2010 Attachment number 3 Page 13 of 15 PROPOSAL (3) The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title. Where the person signing for a corporation is other than the President or Vice-President, he must, by affidavit, show his authority, to bind the corporation. Principal: � � S 0.. �� . : Title: �1 �.Q ' �`C�.Sd��l�" Business Address of Bidder: a�p'ly �j�`e.qk. �-r_ � k City and State: e�U��/j1(� �� Zip Code p`��'-Ja0 S Dated at � � : (�� M , this � day of � , A.D., 20 l ► . SectionV.doc Page 12 of l4 9/27/2010 Attachment number 3 Page 14 of 15 CITY OF CLEARWATER ADDENDUM SHEET PROJECT: Skverest RCW Svstem — CSX & Keene Road Jack & Bore (Proiect # 10-0026-UT) Acknowledgment is hereby made of the following addenda received since issuance of Plans and Specifications. Addendum No. � Date: '1— $ � 1 � Addendum No. a Date: "�— � S-1( Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: 1��.Gibr N ��PC.�-r �C C�T,rtC . a e of Bidder) , � � . (Signature of Officer) �% l CJ� — ��eS � �an-`� (Title of Officer) Su1u 20� a,�l (Date) SectionV.doc Page 13 of 14 9/27/2010 Attachment number 3 Page 15 of 15 � ; �, �; ,, � r s . �; '' s" ; : t • �` � . 1 +. i� # '� ��. i ' � �' �� i BID ITEI4�IS U�IT QTY UNTT PI�iCE T�TAL 1 Mobilization LS l. $ I $`� � Z 20" X 0.334 Steel Casin w/12" DI Carrier LF 170 $ • oC� $ , 3 Com act Ductile IrQn Fittin s TON 1 $� .�O $� SQ• �o � 1b" I�estrained jc�in�s Et� � $ I S•� $ ` 5 12" Iiestraineti Jc�ints EA 10 $ '� $ •� 6 12" Gate Valve aild Bax EA 2 $ � •O�' $�qs ' 7 Combination Air Reiease Valve Assembl EA 2 $ a �' � $ _� 1,�pQ 8 12-Inch Ductile Iron T'i e LF 60 $ l(� - oo � •OD �} Pi �nd �l�.tsh Exis�n 1b " FtC�N iVlai� LS 1 � $ 10 Unsu�tabie Material Excavation CY Stl � 1 .00 $ I1 Select Backfill CY 50 $ • 00 $` . Oa 12 CS� �111owar�ce LS i $ 25,0OO.Ofl $ 25,000.C�0 sus�oTAL-��s ��U Zz � l$-1 959 $ o�S-1 -�`iS9 13 C?wner's Cc+ntin enc. (1(l°lo c�f Subtc�tal) LS i �� '�Gjs $`$ Q "�"UTAi. CC31'tiIS'I`�t�TCTIC?N C�ST {I'TEMS 1 THTZU 13) $ `l .9v � �l7►�1:�� _ i # � .� � ��:1 �) �r, ' a ; �, ; � � � �. i i- � �� - " � '�� ._ �i -- �� ' � . �� --. �.J 1 fYY O.I��J') � ' ''� � � ! � �, � � �.' a�. i ; ' � ,� '� a ' � � � R � . � .� ��, � A s �, � . � t , �. � �, � - � ' � � '� � � �'�. �' ".,. � ,. � �,# : ;.�. .. : ,�, '':. �, . I, �. � , ,. .�• i 1.. '!, �. t ��. ':! : i�- '� ��. t f: ;,.;. ! j•i l.. �;, �;j:�, s . � � �. �, �, , •. � � �' s; ' s. R ;� � ' SectionV.doc Pa�c :l4 of 1� 9/27/2010 SUBJECT / RECOMMENDATION: Work Session Council Chambers - City Hall Meeting Date:8/15/20ll Award a contract (purchase order) for the East Advanced Pollution Control Facility (APCF) Dewatering Pump Station Rehabilitation Project (10-0031-UT) to RTD Construction, Inc., of Zephyrhills, FL, in the amount of $162,118.00, which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) _ ►l� The City of Clearwater has identified rehabiliCation requirements and the design of structural and mechanical improvements have been designed by Jones Edmunds for the Dewatering Pump Station at the East APCF. The work consists of wetwell rehabilitation including but not limited to removal of wetwell lid, pumps, pipe, valves, and associated equipment removal of existing liner and repairing leaks; installation of a new FRP ]iner and wetwell lid; installation of new submersible pumps, pipe, valves, floats, and associated equipment; leak repair and coating in the associated manhole indicated on the plans; provide bypass pumping/flow diversion and/or dewatering (if needed) during the work, and all related work. This work is necessary to maintain the structural and mechanical integrity of the East APCF per permit requirements. Work will commence upon award and execution of thecontract and will be completed within 120 days. Construction is expected to have a start date in September 2011 and be complete by December 2011. The Public Utilities Department is the owner and operator of the EasC APCF and will be responsible for currenC and future maintenance of all improvements associated with this project. Sufficient 2009 Water and Sewer Bond proceeds are available in 0376-96664, WPC R and R, in the amount of $162,118.00 Type: Capita] expenditure Current Year Budget?: Yes Budget Adjustment Comments: See summary Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0376-96664-563800-535-000- 0000 Bid Required?: 162,118.00 2010 to 2011 Amount 162,118.00 Yes Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment See summary Bid Number: None 162,118.00 10-0031- UT Other Bid / Contract: Bid Exceptions: None Cover Memo Review 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) City Approval: Manager 8) Clerk Attachment number 1 Page 1 of 1 � , :-��, �� _ , __.� _.. -�-° -- .�� - �.�� ;..d�,,� �+-- �.i�-'�.� t � �� x �%��fiY"�h �� -' '� _ ��1�$'�'� � ��il�`'� - _;;� _ � `` -- � � f � �_ �t��€�.ar�o.st i , � � '' � �; . -� ; � � ._ � _ _ -. IT - � - _ ,c�t�t;�L �R� -,. 6�' � - �- i : � � i I � x. �; I � �A�7Wt}�1J DFd '� Gfi1F�tt3YLh1 � ; ' � _ � � i � � ' � _.... —�J[N#1�kS F�#S�'Y } _ vart��raa,a ay,� _ � i, � f � � -� _ - � t� . � ,� i � f `_ �ti _"'�� I- ` I+�� i_ _ i w � `- � Ii �e� _ _ �' - � y;.� r.� �. , � �� -� ---L- -- - -� I ?�" I lCENT��Kx.A1"E � r. I � � � - - - ---q I '� ' � 1 � - — ,t r°� ; �i I � �_I � � y �`} I I I� i � � _ � �� ?i i- _ — v�^wktt��i.5f . _ _ °4 ; � ' _ f � � . �� _ � —� 2�� r� j� i � �, a I � .., , � i — �--, � _ — _ � I � ti --�.� � � , �- � � � � i � �� tl " � J V i � `I a � � I � FTL � .,._ l �� .L .,.._ L _ �l ! ' � ' � � _' � �' � � �� h �1�' 1 � 1 � I � � F ��• j �,9 I � I I--- -- `-?i f � � `•- �Aft�ifhR::�Y� I � ��1 I � I � �. � A � — � � ::r .�� - – � i i � ��: 1 I � 1�1� i f �- ; � ' � , a � _ `� 4 i il;�,� � -� ' i i —�ULfiO-SAYBLVtr_ '�4 = _� = "� ! 1. � _ _ , y , _ _ � J'_1 � G.i7i1RTi�iPYSAIdPBEI�4 CSW1` - — — — �;uLF tt�-��T BLY'i7 L -- � . — - — -- -- � � � �� `�..�, ��' ` �.1,�� I - ° �-� � � � --, I i I I �! � - - '�,4� 1 • .. :'��1 � i � '�I i �,+ . � � � 4 } 1� - ',� : � : ', I � �, '� PF:[�ECi Li�C.�,TIQiJ ;_ _ t�.� . Rf►�'a��. x •_ I � I 't - �= �- . _�. � � �,� � ' .I i �i � a'� i � , - �,,� � �,I� i � ml I I - �'� - � ll _ i �t � - ' 1 i � -�_,.-� .,' '� `�5�� II�^ I� I � �� „i � _r 1�_ � ��iil`,� - - - - - _ `-'� � 4r4��,1' 5��+ - .� - �.,,,Sti,�r& �� ,, �, ,;ti�,� �� ,:�� ' �,� �� ._ ,� � � _ i— '' . -- -- �,�, �,�,. � � � _ + } ��r�� r �...��'w!� �� . Pre�garca sy: En�,ricenng oepanmm�t t,w,yraphie iectvsobyy Oivle�ori. iPV S, idy*tle Rvn, Clearwa�tar, FL i37S6 Fh; (T�7)SG2-4`�Sfl, Faz: {ti7}53W75S „.�.,., u„rr,.,.�u.. �,.m ,� �1'f'II 9� . y,,`y. �` ' Y,��9111 l {Y � ;3�'ij E�ST �1PC� N � E S Attachment number 2 Page 1 of 2 f ONES EDM UNDSo July 11, 2011 Mr. Tom Robertston Engineering Specialist I City Of Clearwater 100 S. Myrtle Avenue, #220 Clearwater, FL 33756-5520 R�: Letter of Recommendation East WRF Dewatering Pump Station Rehabilitation Contract No. #10-0031-UT - City of Clearwater JE No. 03720-040-01 Dear Mr. Robertson: Bids were received by the City for the East WRF Dewatering Pump Station Rehabilitation project on July 7, 2011 from three bidders; Kloote Contracting, RTD Construction, and TLC Diversified, Inc. The City prepared the bid tabulation and requested that Jones Edmunds review it and provide a recommendation for award. Based on our review of t�e bid tabulation, RTD Construction appears to be the lowest responsive bidder with a submitted bid price of one hundred sixty two thousand one hundred and eighteen dollars ($162,118.00). The bid includes a 10% contingency of fourteen thousand seven hundred and thirty eight dollars ($14,738.00). We recommend that the City verify that RTD Construction has thoroughly examined the bid documents and included all the work specified in their bid. Based on the verification by the City of completeness of its bid and lowest responsive bid, Jones Edmunds recommends that the City award Contract No. 10-0031-UT to RTD Construction in the amount of $162,118.00. Should you have any questions please feel free to contact us. Sin�e�ely, ; � � ,. � ��''� ._. _ T`ak ai Pang, P.E. Project Manager XC: Tom Friedrich., Jones Edmunds ENCL: BID TABULATION 324 S Hyde Parl< Avenue, Suite 250 I Tampa, FL 33606 I Phone 813.25£3.0703 I Fax 813.254.6860 I www.jonesedmunds.com Attachment number 2 Page 2 of 2 °o °o 0 0 °o °o °o o °o °o °o � °oo 0 0 � � °o 0 0 °o � o O 00 !� C1' N I� 00 ll'1 N^ 1� � 'L7 F- rl M e-i N cf' N^�'-� p� O1 e�-I e-I W �y i/1� i/1� {/} i/} t/} ih i/} i/� {/} Vl� 'Ul � � O O O O O O O O � J u o 0 0 0 0 0 o O .-i ~ a o � � o0 00 �n �n m O � � �^-I M cN-I N � � N N C W = a�-I � i!} ti/? V} V} i/} i/} Vi {/} O O O O O O O O� O � � , O . 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O � O d' Fi4 0 W o U�-y O� F4 O 0.a � F-� � � � 0 F o z ° � O 0 O ,� O N � 64 0 W o U o Ri O :ti F"i � z � � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � � � � � � nj � c•� ,-� N 64 64 6F3 ,q O O O O O O O O O O O O � � � � l� �' CV I� �--� M �--� N s� s 0 0 O M � � 69� 0 olO M � � � 0 0 M O N � 64 0 0 M O N �--� �J � � 0 0 0 0 0 0 o°o °o ° � � � � 64 6F3 E,t3 °o °o 0 00 O � .-, oo �n � �' � � � °o o � o �O M O N �--� � M � 64 69 yq °o 0 0 N N � p� � O � M � N "y � M � 0 0 0 0� o 0 0 0 0 0 0 0 0 0 0 O O O O M � Vl M M l� 00 v� N [� � � N l� .--1 F!-? 6F3 6F3 69 6F3 O O O O O O V�1 � M 00 �n N �' N � � � 0 0 0 0 0 0 o�o d�' � � � � N F!-? 6F3 6F3 °o °o °o � �' � � � � N 0 0 0 0 0 00 M l� 7 � .� 6�9 6�4 � � � 0 0 0 0 0 0 O O O O M M N l� l� M 01 N � O O O� l� l M � �--� l� M � �-+ 00 .--� M V) O\ N �n � �o 6S 6R 6f3 6R 69 6R °o °o °o N l� l� M O O ~ � CV �i �i � �,, � � � � a a � F � � a a a � a � � � �� a w ; � �. � C7 � � � O j I� W Z a� a a � � v� bn � � Q C7 � �—Wl W O W � � � �N., � z � � � �3 � w � ''� � �n o [-W-i a z'� � �� z �Q z �� v� aa �� zw ° �> � w � � A W� w� � �� CW.7 � �' � � H w 3 W w �� z �3 � � ,� Q�w > H� �¢Q H Z zi A z oQ W zw ��x �� o aa o z� Q oo � z� W� H ¢ � 2 �3 � � ..a �3 �1 w � a��O �v� a¢�n W�O a� Q � � � ¢ � � � Q � W � Q a O � Qa� wa z3A�., 3 w� �a w r' N M � � � �O l� 00 I I Attachment number 3 Page 1 of 1 BOND NUMBER: CQl'�iTRACT BOND STAT'E OF FLQ�DA COUNTY QF PINEL�AS Attachment number 4 Page 1 of 15 KN4W ALL MEN BY THESE PItESENTS: That we RTD CONSTRUCTIQN, INC. Contractor and WESTFIELD INSURANC'E C�pMPANY (Surety) whose home address zs P. O, S[lX 5001 WESTFIELD CENTER OHIC3 44251-5�OX HEREINAFTER CALLED THE "Surety", are h�ld and firmty bound into the City of Clearwater, FParida (hereinafter called the "Owner'") in the penal surz� of: ONE HLTNDiZED SIXTY TWQ THOUSAP�iD O�NE HUNDRED EIGHTEEN DOLLARS AND l�lQ CENTS ($162,118.00) for the payment of which we bind ours�lves, Qur heirs, executors, administrators, successors, and assigns for the �'aithfi�l performance of a certain wvritten contract, dated the ciay o� , 20 , entered into between the Cantractor a�ld the City of Clearwater for: EAST WRF DEWATERING PiJMP STATION REHABILI'I'ATIQN (1.a,0031-iTT� a copy af which sa�d cantract is incorporated herein by reference and is rnade a part hereof as if fully copied herein. P'dOW THERE��'URE, THE CONDITIONS OF THIS OBLIGATI�N ARE SUCH, that if the Contractor shall i� all respects camply with the terms and conditions of said contract, inc�uding the one-year �uarantee of material and �alaor, and his obligations tihereunder, includinb the cantract docurnents (which include the Adv�rtisement for Bids, Fort� of Praposal, Forrn of Coniract, Form of Surety Band, Instructions to Bidders, General Conditiqns a�n.d Technical Specifications) and the P�ans and Specifications therein referred to and made a part thereof, ar�d suck� alterations as may be made in said Plans and Specific�tions as therein provided for, and shall indemnify and save harmless th� said Owner against and from aIl costs, expenses, dama�;�s, injury or conduct, want nf care ar Skill, negli�ence or default, inc�uding patent infringements on the parrt af the said Contractor agents pr �mplpyees, in the execution or pezfamnance of said contract, including errors in the plans furnished by �he Contractar, and fi�rther, if such "'Contractor" ar "Con#ractors" shall pramptly make payz�n.ents to all perspns supplying hian, them or it, labor, z�aterial, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contract4r, or Sub-Contractors, in the prasecution o� the wark provided fox in said Contract, this obligation shall be void, otherwise, th.e Contractor and Surety jain�ly and severally a�ree ta pay to the Owner any di��erence between the sum to wh�ch the said Contractor wouId be entitled an the completian af the Contract, and that which the Owner may i�e obliged to pay far the completion of said work by contract or otherwise, & any dama�es, direct ar indirect, ar consequential, which said Owner may sustain o� account of such work, or on account af the failure of the said Coi�tractor to prapexly and in al! t�iings, keep and execute all the provisions of said contract. Page 1 Attachment number 4 Page 2 of 15 CONTRACT BOND ��) And the said Contractor and Surety hereby furtlzer bind thernselves, their successors, executors, adrninistrators, �.nd assi�ns, jointly and severally, that they will arr�ply and fully protect the said 4wner against, and will pay any and all an:�ounts, damages, casts and jud�me�►ts whicl� may be recovered against or which the Owner may be called upon to pay to any person or cnrparation by reason of any d�ag�s arisin� from the perfarmance of said wark, or of the repair or maintenance thereof, or the manner of dping the sarr�e oar the neglect o� the said Contractor or his agents or servants or the improper performance of the said work by the Gantractor or his abents or servants, or the infringements of any patent ri�hts by reason of the use of any rrraterial furnished or work dane; as aforesaid, or eatherwise. And the said Contractor and Surety hereby furtlzer bind therns�l�es, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the a�vner any sum which the Owner may b� compelled to pay because of any lien �Qr laboz� naateria� iurnished for the work, embraced by said Cantract. And ihe said Surety, for the v�lue received, hereby stipulates and agre�s that no change, extez�sion of tiane, alteration or addition tc� the terms of the contract or to the work ta be performed thereunder or the specifications accompanying the sarne shall in any way affect its oblig�tions on this bond, and it does hereby waive notice of any such change, extension of tirne, alteration or addition to the terms af the ccrntract or to the wcrrk or to the sgecificatians. IN TESTIIVIONY WHERE4F, witness the hands and sea�s af the parties hereto this day of , 20 RTD CONSTRUCTION, Il'�C. C4NTRACTOR AT�EST: WITNESS: COUNTERSIGNED: p�e2 � SURETY By: ATTORNEY-II�i-FACT Attachment number 4 Page 3 of 15 CONTRACT This CONTRACT made and entered into fhis day of , 20 by and betwe�n the City of Clearwatear, �'14z-ida, a zx,un�cipal coz-poration, hereinaftex designated as the "City", and RTD CQNSTRUCTION, INC. af the City of ZEF�IYRHILLS, Caunty of FASC4 and State of FLORIDA hereinafter designated as the "Contractor". WITNESSETH: That the parties ta this contract each in cc+nsideration. of the undertak��gs, promises and agreeznents on the �aart of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his ar its successors, assigns, executors or ac�ministrators, in consideration of �l�e sums of money as herein after set fortk� to be paid by the City and to the Cnntractor, shalI and will at their own cost and expense perform all labor, furnish all rnatez�ials, tools and equipment for the follawi�a: EAST' WRF DEV6'ATERYNG P'UMP STATION REHABILITATION (1�-0031-UT) F(3�t TI�E SLIM OF OIVE HLTl�DR�D S�XTY TWQ THOUSAND� ONE HUNDRED EIGHTEEN DOL,LARS AND NO CENTS (�162,118.�0) in accordance with such praposal and technical �upplemental specifications and sueh other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidc�ers, general eoa�ditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part af this cantract, ar�d all of said work to be perforrned and completed by the contractor and its successars 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 tk�e terms, conditians, provision� or stipulations as contained her�in within the time speci�ed far eornpletion of the �nrQrk to be perfarmed by the Contractor, then the Ci�y, may at its aption, avail itself of any or all remedies pravided an its behalf and shall have the ribht to praceed to coznplete such worlc as Contractor is obligated to perform in �ccordanee wi�h the prQVisions as cQntained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSQRS AND ASS�GNS D4ES HEREBY .AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BR+DUGHT AGAINST THE CITY AS A RESLTLT OF THE CQNTRACT�R'S AC'�'IVITIES ARISING (lUT OF THIS �"ONTRACT AND FURTHERM4RE, �N CONSIDERATION OF T�IE TERMS, ST�PULATIONS AND C(INDITIONS AS C(INTAINED HEREIN, AGREES TO HOLD THE CYTY FREE ArTD HARMLESS FROM ANI' AND ALL CLAIMS FD�t DAIVIAGES, C�STS OF SU�TS, JUDGMENTS OR DECREES RESY1LTYl`�G F'ROM ANY CLAIMS NIADE UNDER THIS CQNTRACT AGAINST THE CITY OR THE CONTRACTOR OR fiHE CQNTRACTOR'S SUB-COl`I�'RA,CTQRS, AGENTS, SERVANT� OR EMPLOYE�S RESULTING FR4M ACTIVIT�ES BY TH� A�FQR,�1'VIENTIONED CONTRACTOR, SUB-CO�iTR.ACTOR, AGENT S�RVANTS (7�R EMPLQYEES. Fage 3 Attachment number 4 Page 4 of 15 CONTRAC�' {2) �n ad�lition to ihe foregoing provisions, the Contractnr agrees to conform to the fnllowinb requirernents: Iii cannection with the perfo�rnaraee of uuork under t�zs contract, the Contrac#or a�rees not to discrirninate a�ainst any employee or ap�alicant for emplayme�at because of race, sex, reli�ian, color, or national origin. The afoxesaid provision shall include, �iut nat be limited ta, the followin�; employment, upgrading, dernntion, or transfer, recruitment or recruitment advertising; lay-of� or ternnination; raies of pay or other farms of compensation; and selection for training, including apprentices�iip. The Contractor agrees to post k�eaeafter in conspicuous places, availabl� for employees or applicants for employment, notices to be provided by t11e contracting officer setting forth the provisians of the non-discrimination clause. The Contxactor further agrees to in�ez-t the foregoing pxovisians iz� all contracts hereunder, including contracts or agreements with labQr unions andlor worker's representativesa except sub-con�ractors for standard commercial supplies or raw materials. It is rnutually agreed between the parties hereto that time is of the essence af this contract, and in the event that the work to �e perfarmed by the Contractor is not coinpletec� within t�ie time stipulated l�erein, �t is the� further agreed that tk�e City xnay deduct from such surns or carnpensatian as may be due to the Contractor the sum of $1,d00.Od per day for each day that th� work to be performed by the Confiractor remains incompl�te beyond the time limit speci�ied herein, which sutn af $1,000.40 Aer d� shall only and solely represent dama�es which the City has sustained by reason of the failure o£ the Contractor to complete the work within the time stipulated, it being further agreed that this sum is nat ta be constx-�zed as a penaliy but is only to be ca�stzued as liquidated darnages far failure of the Contractor t� complete and perform all work within the time period as sgeeified in this contract. It is �uurther muivally agre�d be�ween the City and the Contractor that if, any time after the execution of this cantract ar�d the surety bond which is attach�ed hereto far the faithluI performance of the terms and conditians as contained herein by th� Contractaar, that the City shall at any time deem fhe surety or sureties upon such performance bo�d to be unsatisfactory or i�, for any reason, the said bond cease� to be adequa�e in amount to cover the performance of the work the Contractor shall, at hzs or it� owr� expense, within ten (10) days after receipt of written notice from the City to do so, fiunish an ad�iitional bond or bonc�s in such term and a�nounts ar�d with such surety or sureties as shall be satisfactory to the City. If such an �vent occurs, nfl #urther payment s��all be a�nade ta the Contractor under the terms and provisions of this contract �.u-►til sueh new or additional security bond ;�uarant�eing the f�ifhful perFormance of th� work under the terms hereof sha11 be cornpleted and furnished to the City in a fortn satisfa�tory to it. Page 4 Attachment number 4 Page 5 of 15 CONTRACT {3) �N WITNESS WHERE�F, the parties to the agreernent have hereunto s�t their hands and seals and have exe�uted this A� -eement, in duplicate, the day and year first above written. CITY OF CLE�i2WATER iN PINELLAS� COUNTY, FLfJRIDA By: William B. Hoz�e, II City Manager Countersigned: : Frank Hibbard, Mayor-Couneilmember (Contractar must i�dicate whether Cotporation; Partn�rship, Company ar Individual.) (The person sig�ning shall, in his own handwriting, sign #he PrincEpal's name, his own name, and his title; where the person is signi�.g far a Corporation, he mus�, by Affidavit, sho°w �zs authority tQ bind the CorporatiQn). Page 5 (Seal) �.ttest: Rosemarie Call City Clerk Appraved as to form Camilo Soto Assistant Gity Attorney (Co�tractor) By: �EAL� �ONT�ACTOR'S AFFIDAVIT FQ►R FINAL PAYM�1'+1'�' dCQRPQRA'I'101`� FQRMI STATE OF _ COUNTY OF Attachment number 4 Page 6 of 15 On this day personally appeared before me, the undersigned authoriiy, duly autho�ized to administer oaths and take acknowiedgnnents, , wha after being duly sworn, de�oses and says_ That he is the (TITLE) o� R'I'D C�NSTRUCTION, INC. a Florida Carparation, �,vith its principal p�ace caf business located at 5344 9T� ST�tEET, ZEFI�1'RHILLS, FLQRIDA 33542 (herein, the "Coniractor"}. That the Coniractor was the general coz�tractor ur�der a coniract executed on the day of , 2Q_ , with the GITY 4F CLEAI7WATER, FLC?RIDA, a rriur�icipal corparation, as Owner, and that the Contractc�r was to p�rfor�n the ca�structian o% EAST WRF DEWATER,ING PUMP STATION REHABILITATION (10-0031-UT) That said work h�s naw been completed ar�d tlie Contractor has paid and discharged alI sub-contzactars, laborers and rnaterial me� in connection with said work and there are no liens outstanding of any nature nor any debts Qr ob�igations that might become a lien or encun�branee in connection with said work against the described property. That he is making this afFidavit pursuant to the requirements of Chapter 71 �, Florida Statutes, arid upon consideratFOn af the paynnent of �nal Full Amo�nt of Contract in full satisfaction and discharge of` said cont�act. That the Qwner is hereby released from any clairn which might arise out of said Contract. "I'he word "liens" as usec� in this affidavit shall mean any and all arising under the aperatian af the Florida Mecnanic's Lien Law as set forth in Chapter 713, Florida Stat�ates. Sworn and subscribed to before me This day oi , 20 NO'I'ARY FUSLIC My Cammission Expires: I'age 6 RTD C�NSTRUCTIQI� Il'�C. AFFIANT BY: PRESIDENT Attachment number 4 Page 7 of 15 Exec�ted in 2 Counterpar#s �ROros,�� or�n (Nat to be f iled o�t ifa cerFi�ied cheek is subm;tted) KM1IOWN AL�, t'4IEN B'll TH�S� PRESENT�: Ti�at we, the undersi�ned, RTD Cpnsiruction, Inc. as Pt�nci�sal, and �Nestfield Insurance Company as Surety, whc�'s address is �Q BQx SOa1, WestFeid Cen#er, OH 44251,5�01 , are hcld and firmly baund unto the City ofCiearwate�, Florida, in the siam nf �Q��'s ($ ffp, y�l� �� )(being a mit�irrtum af 3 G°10 a Gontractor's total bit! acnountj for t�e payment af w�ieh, weEl and truiy to be made, we hereby jointEy and severally bis�d csursePves, our heirs, executars, administrators, successors and assi�,rns. The candiEian ofthe af�rave obligatiott is such that iFthe attached pro�aosai of RTD Consiruction, Ir,c. as Principa�, and UVes�eld fnsuranc� �ampany �S Surety, for �var�c specified as: Bid �to. 10-003�-UT; East WR�' Dewaterira Pum Stat°ron Rel�abilitation al] as stipr�lated 'tn said Pro�sal, by dair�g a!� work incidenta! thereio, in aceord�nce with ti�e �!a»s and specifications provided herefoe, a1� �vithin Fineilas County, is accepted an� the co�traet awarded to the atao�e t�amce3 bidder, and the said b'sddee shal� within ten days after notice of said award enter into a contraci, in writing, and f��-rtish �e eequired Performance 8ond with surety or sureties to be approved by the City M�na�er, this ob�igation shal� be void, athenvise the sarnc shaCl be in fu�E force and virtue by law and tf�e ful� amrar�nt of this Pro�oSaf f3and wi41 be �aid to the City as stipulaked or liquidated damages. Signed d�is fit� day ot' July (�'ri�cipal must indicate v,�heiher corporatian, partnership, cor�i�any ar individua!} The person signin�; shall, in his awn ha�dwritiag, s�g� tFte 1'rincipal's narr�e, his own name anc€ his tiile; the person sigrring far a corpor�Eion must, by af'�idaviz, shaw his authariry #o bind the c�rporation. rP.�e`{� � 1 M1 ' 2fl 11 . . ". �- . . . _., `. KID f'�asti„r-r,�, �. - '� `�_ �- '` 'm' - =,? L l - +, r`'' .^� �.i-�v �. Frin pal '�� ti�.., �V .�`' / � � ,aa:��, . ri Title�� . � .., . Westfield Insurance Company . '-,'- ' :.; at� '•=� , - ' i,��. � � a . .. Surety patricia L. Slaught r, Attomey-i�r-Fact & FL Licensed Resident Agent ' SectinnV.doc hagc 7 of !# 9/27�p�p Attachment number 4 Page 8 of 15 THfS P4YYEFt OF �iTT4RNEY SUp�RCEi7E5 ANY PR�IIIOUS PQVIfER BEARING YNIS SAME •P4'JVER # AND ISSlJEQ PR10R TO 64i1311,0, FOR ANV PER50N dR ��RSQNS NRMED BE�DW. General POWER NO. 0990992 00 Power V�estfe�d �n�urance Co. �f Attarney Westfi�ld Nat�onal fnsurance Co. CERTIFIED COPY Ohiv Farm�rs 1�surance Co. Westfield Center, �hio Ktrow Ar! Men ay TAese Presents, That WE57FIELD INSURANCE COMPANY, W£STFIELD NATIONAL INSURANCE CCiMPQNY and DHIO FAf�MERS iySURANCE COMPANY, corpora[ions, hereinafter referr�;d to indivlduasly as a-Company" and coilective�y as 'Companies,' duly organized and exi5t�nr� uc,per the laws of the StaFe of C}hio, anCi Elaving its principaE office �n Westaield Cen[er, A+ledina Cottnty, OhIO, do by ti�es8 preaents make, constitute aRd appaint DON BRAMLAGE, JEFFREY W. ftEICH, LESLfE M. DQNAHUE, SllSAN L RE1CH, PATRICIA L SLAUGHTER, GLt]RiA A. RICHARQ9, TERESA L DURHAM, 1.ISA A. ROSELAND, C}{ERYL FQLEY, J. GREGORY MACKEN�IE, J4INTLY OR SE1fERALLY of MAiFLAND and Stace of FL its true and lawfuf Attorney�s�•in-Fact, wrth full power and au[hority hereby conferred in iis name, pYace antl steaa, to execute, acknowletlge and dehver arry and all boods, recognizanees, underttakings, or ather instruments ar contracis of swetyship- - - - - - - - -- - - - - - • - - - - - - - - - - • - - - - - °- - - - - - - - - - - - - - • - - ° - - - - - -- - - - LIMITATIaN: TIi15 POWER OF ATTORNEY CANNOF 8E USED TO EXECUTE NC?TE GUARAN7EE, MpRTGAGE 4�FICIEHCY, MORTGAGE CUARAN7EE, QR SAHK DEPdSITdRY BONDS. and to bind any pt� the Gompanies thereby as tulty and to the same e�cterrt as if such C�onds were signed by the President, sealed with the carpnrate seal of the appliCable Company ar�� duly atiesied by its Secretary, hereby ratifying and canFirming al1 that the saitl Attorney(s}-�ry-FaGt may dd in the premises. Saitl appain.ment is mads unrier and by authority of the following resolu{ipn adopted by the Board o} Directors p# each pf the WESTFIEL� INSURAnCE COMPAf�Y, WESTFO�LD NATIONAL INSURANCE C6nAPANY and OH�O FARMERS IN5l1RqNCE COMPANY: "8e 1t Fiesolved, chat khe PfesfdenF, any Senkar F�ecuYive, any Secretary vr any Fidelity & Surety OperaCions Executive or other Executive shall be and is heretry vested with full power and authority Co appoint any on� or mare sufiabl� persons as Attarney[sj-in-Fact to eepresent and act for and an be�alf of the Company �ubject Co Ehe following prov�sians: Tha Attorney-in-Fact. may be given fufl power and authority for and in the name of antl on behalf of the Company, to execut�, acknowledge and a�llver, any and all bontls, recognizanees, contracrts, agreements of indemnity and other conditional or obligatary untler[akings and any anc� a11 nok'rces and documents canceling or tErminating the Comparty's liabil€ty thereunder, and any such mstr+�ments scs exeCUtad %y any such Altorney-in-Fact shail be as binding �pon the Gampany as eT signed by the President and sealed and attested by Che Gorpar�te Secretary." "8e it Further ResoTVeri, that the signaFure of any such designated Rerson and Che seal of t�e Campany heretofore ar hereafter afflxed to any power oF actornay or sny cert9ficzte relating thereto by f�csimile, and any power of attorney or �ertificate bearing facsimile signatures or iacsimile seai sh211 be valid and aindir�g upoR the Company witn respect to aRy band or undertaktng to which �t is attached' (�Each adoptec4 at a meeting held vn February B, 20iS�j. !n Witness Whereof, WESTFIELD INSURANCE GOMPANY, WE5iFIELD NATf(JNAL I�FSURANCE COMPANY and OHIO FARMERS INSURANCE COkAPAnfY haue eaused these presents to be signed by their Senior ExewGve an� tneir corporate seals to be hefeto a�xed thfs i3th day of ARRIL A.D., 2010 . Corporat f.M.w.�.,,.,,� ..�.��„ ... " ,,...�.«...�.... Seals� '�\�s��'�4^,'••, ••� ZtinNA�'r''•`: 'µ� �t�p� �y �ESTFIEL'D INSURANC�COMPANY AKixed �v '`�ua+ �'':pos :� d'�� • �S�'y�_ � �� ` � �a'" OHiO FARMERS�I�MSURA C� GOAAPANY PANY � �.�• ! a]� T � ? i� ,= ��.R'�1.� �' ' �`��P 3 3 ��i ,� =1n; =�= "�� !b_ �� '^ .�."��,�, ,� ��! :.is : ,��.. i�j:_ 1848 . i= i Jj � '"��'`w....r"� j , �'• . + ; * '••.. ° ... : : �' v 1 Stade of Ohio ��, ,�,�.,,,•�'� ��`'�..,,,�.�.��.��"` $y: Caunry of Medina ss.: Richard L_ Kinnaird, Jr., Senior Executive On this 13th day of APRIL A.D., 2014 , before me personally came Richard L. Kinnaiwd, Jr. to me known, who, being by me tluly swarn, did depase and say, that he resides ira Medina, Ohio; t�iat he is Senior Execuirve oF WESTFIELD INSUf2ANCE COMPANY, W�STFEE�.D NATf�NAL INSURAf�CE COMPANY and ONIO FARMER5 INSURANC� COMPAf�Y, the companies described fn and which executed tha above instrument: that he lcnows the seals bF salci Companies: ihat the seaEs affixed to said instrument are such corpota[e s�als; ihat they were so affixed by order of the Boards of Directors ot szid Companies; and that he signetl ft€s name thereto by like ordef. Nqtaaial „�...,,, Seal :''��1 A L �"'y, a,�rx� o P�\lllfijls�"�' \. �%/..,:9 ��-''A' --� Y Will9am d, Kahelin, A eney at Law, Nadary Public State of Qhio = u+ J� 6 My Commission L�es Not Expire (5ec. 147.03 Ohip Revised Gode} Cou�ty of Medina ss.: = ''' �'� ,• . qp� O� p I, Frank A. Carrino, Secretary of WESTFIEL� INSURANCE �O�tPANY, W�STF1ELb MATIONAL INSURANCE COMPANY and OHIO FAitMERS 1�1SURANCE COMPANY, do hereby certlty that the above antl [oregoing +5 a true and correct eppy of a Pcswer of Attorney, executed by sai� Companies, which is sidll in full fprce and effeet; and furthermare, the resolc�tions of Ehe 8oards of Lfrectors, set out in the Power of Attarney are in full force and ei�ect. 1n Witness tiyhereof, I have hereunto se[ my hand and atfixed the seals of said Gompanies at WestSeld Ceniel, �hfo, tnVS 7th day ot 3Uly A.p., 2�11 �+''��SYYNI�"*w ,: "�,yc7N� ��,, ,,,....,�.r.��,..,, �� a�'.,,,a, „•C+�p`� y :;q` 4� . !�l'SG� - ��y"'��'�"�.L'Sw�i 3h'.��5:�� s�' . .c�-�: f�l.�,-''�G��kRTEl�=�� ti � � ::n�, �� :m: �°� ;b3 � •.,� ,�„��,� : � :, r� ; :� : 1$48 ; ;� = Frank A. Carrino, ecret .iacratury ��`` "....�"'+'' ,�� ,..� � • •'•N ' . BPOAC2 {eumbined} (D6-0?j Attachment number 4 Page 9 of 15 f1.�'FI�IAi�'IT (Tc� f�t tilled in and erecuteci if the bidder is a corporation) 5T�'�Tr QF FLORiD�1 COCJNTY OF Paseo Marjorie �ordan beimg d�l� s��orn. c�ep�>ties ar�cl �aws that he/she fs 5ecrelary o1� �Tb Camstruction, Inc. a cc��pc�ration or�anized and ea:istin� under and bY virtue of the Ia�ti�s af th�. State of Flnrida_ �nci havin� i[s prin�ipal oftice at_ '� 5344 9th Stx'eet Zephyrhills Pasco FL _.-- --- ..,_..... __.._ Strcet & Nun�ber Cit�• Count� State r'��ant lun3�er say5 �I�at lie is iamili�ir 4vith t�te rec��riis. mintiae ha��l:s a��d hv-la�sti nf- RTp Construction, Inc. " _._.,.__._` -- -_.__-- � �� _ ___ �...w.._.....-------.....__. .._.�__ ___. {N;�:�ZC c�t Cc�r�tor�tinr�} ... _ �I�ti�f�t t'tstld��r tiay� lh�tL Dannie E. Jprdan is Pres�dent -_ --__ --...._.._ .._.._..- _.... i(�9� iccr`s Na�i�e 1 � T�it I� I i�t�Tlzr ctrrpi�ra[i��n. is �;iut� au[hori�cd tc7 �it�n tlti I'rt?�a�rS�l 1�� RTD Canstruction, Inc . �.- ' — -----._.�— -___. _ —_ _ �` ..�.. fi}r,aicE �c.�rp€�ratic?n b�, ti�iriur i�i� Resolution of the Board of Directors {. ��;,•�:,, {�[at< «hetk�er a prc�ti°ision �f by� �a4ts cir �� f�esc�lu[iaAn vf the f3oar�J of �� ___ l�irectors. �f hy R scrlutic�n give date «f acio�[ion). � �''r Aug. lst, 1998 i : f ,'� - � ..r . ��, . f1 f fia axj or-�e._3o,roran ..� �� .-, "':: Sw[��t ta hetore rne EF�is 7th d8y ot July �0 11 . � � F�,�. 1 Natarv bfic �a:�:rv"�., M�iINDA1JNDSAY " ,iR•' ��, ;*: � MY COMMlSSiON � DD 7556i9 1 1 �: ' - EXPiAES: June 6, 2fl12 �C i < <1�. �-+t1q,�{ �":Ff��', �andedTtirulJ�taryPd6iic4Jndernri!ers �'y€?e��Cli]if$I8fT1� f1atT1E O��(?Er7f�` ��ssgrR Title c�r rank, and Serial No.. if��u�� Attachment number 4 Page 10 of 15 N4N�C(]LLUSI�N A,FFIA�VIT STATE OF FLQC2��A COUN�'Y UF Pasco � 17annie E. �7ordan being, %rst duly sworn, deposes and says that �e is President Qf R�'D Constructzan, Tnc. the party rnakznn the foregoing Proposal or �id; that such Bid is genuine and not collusiv�; or sham: that sazd bidder is �ot financially interested in or otherwise affiliated in a business way with any other bidder on the same contract; tha� said bidder has not eollud�d, canspired, connived, or ag eed, direetly or iz�directly, with any bidders or person, to put in a sham bid or that such other �erson sha.11 refrain �roz�n. bidding, and has not in any rna�ner, directly or indirectly, sought by ��reement or cQllusion, or corrfrr�unication ar coz�.ference, with an� perse�n, to fix �he bid priee or a.ffian� or any r�thex bidder, or to fix any overhead, profit or eost element of said bid p�ce, or that of an.y ather bidder, or to secure any advantage against tlie City o� Clearwater, Florid�a, or any person or �ersans interested in t�e proposed contract; and that �11 statem:ents contained in said proposai or bid are t�e; an,� further, that such bidder has not directly c�r indirectly submitted this bid, or the contents th�reo�, ar divulged info�nation or data r�lative theceta to ar�y assocFation or to any member carr a�ent thereof. Swo� to and subscribed before me this ��h day of `�uly , 20�� ° ��-��' � ei ,. , �iC1.IN0ALINE7SF4Y (� � `� M1'! CO�llt�lSSiON # bD 755819 `� f,+f : � �.� .„_ iv f 1 4,: 4� Y; FY,PIRES' durse 6, 2012 �Ot��j" �Ll�?L1C '✓ �� ?r ` ;. •n � 1,c �'riu HQlary publio Un$orwriiers j,n;,,,�—�:.r.�.�+* � - SectionV,doc Page 9 csf [4 +�J77l7U1U Attachment number 4 Page 11 of 15 PROI'()SA� (1} TO THE CITY OF CLEARWATER, �'LORIDA, f�or EAST WRF DEWATERiNG �UN�P STATIQN REHAB��,�TAT�ON 10-0031-UT and doing such ott�er work incidental thereto, all in accordance with t�e contrac� docurnents, mazked EAST WRF DEWATERING PU1VIp STATIO�I REHABILITATIiDN 1f1-U031-UT Every bidder must take notice of the faet that even though his praposal be accepted and the docuxnents signed by rhe bidder ta whorn an award is made and by those o££'icials authonzed to do so on behalf of the City of Clearvvater, Plorit�, that no such award or si�:ing shall be considered a bindiz�g contxact without a certificate from ihe Financc Director that funds are available ta cover the cost of the work to he done, or without the approval of the City Attorney as to the fornn and lebality of'the contract and all the pertinent dacuznents rela�ing thereto having been approved by sai�l City Attomey; and such bidder is hereby ck�arged with this ztotice. The si�ner qf the Proposal, as bidder, alsa declares that the or�y person, persons, ca�npany or parties inte�est�d in this Propasa�, are tiamed in this Proposa.l, that he has carefully ex�mined the Advertisement, In$xrucCians �o Bidders, Contract Speci�catians, Plans, Supplementai Specifications, Ge�eral Condition.s, Speci�l Provisions, and Contract �ond, that he ar i�s representative has made such investigation as is necessary to determine the character and extent of the work and he praposes and a�rees t�-i.at if the Praposa� be accepted, he will con#zact with rhe City of Cleartivater, Flor�da, in trie form of contract; nexeto annexed, to pravicie the necessary labor, materia.ls, �ackt,inery, equipmenL, taols or apparaiz.is, do a.Il th� work requi�red �o camplete the cantract within the time inentponed in the General Co�ditions and a�cvrding to the requirements of the City of Cleaxwater, Florida, as herein and hereina�ter s�t forth, and fiarnish the re�uired suxety bonds far th� following prices ta wit: SectionV,doc Page lflof 14 �/27/2010 Attachment number 4 Page 12 of 15 FI�O�PQSAL {2) If the £Qre�oin� Proposal shaIl be accepted by t1�e City af Cle.�rwater, Florida, and tl-�e uradersi;med shall faxl to execute a satisfaetory contract as stated in the Adverti5em;ent herein a�tached, then �h� City may, at its option detemiine that the undersz�x�ed laas abandoned the contract, az�cf thecaupon this Praposal shall be nul! and void, and the eertified cheCk or bond accompanying this Proposal, sha.�l be: forfeited to become rhe property Qf the Ci�y of Cleaz�water, �'[orida, and the f�1L amownt of said check shall be retained by the City, or if the ��-aposal Bond he �iven, tk�e full arnount af such bont� shall be paid to the City as stipulated or liqtiic�ai�d da.mages; othervv�ise, t�� bond or certified cheek accompanying this Praposal, or the amount afsair3 check, �ha[i be returned to the undersigned as spe�ified herein. Attached hez-eto is a bond or ce�ified check on Bic3ders Boa�et PialliC, �OI t�le 541�] O� ��een TY�ousand Two Hundred Eie'ven L3ol�ars and 80 Cents (being a minimu�aa of 1 d% of Canixacfflr's total bid amount). �$ 16,2II.8Q � T�ie ful! names and residences af aIl persons and parties int�r�sted in the foregoing bid �re as foIlows: (If corporatior�, �ive the nam�s and addresses of th;e President �nd Secre�ary. Xf firm or par�ership, the natr�es and addre�ses of the members, or partners. The Bidder shall list not onIy his �ame but also t1-�e name of any person with whozzi bidder has any fype of agreer�ent whereby such person's izxipro�vements, ennicl�m�nt, emplQyment or possible bene�#, whether sub-contractor, materialman, agent, supplier, or ezarzployer is continoent upon the award ofthe contract to th� bidder). Nt1MES: Dannie �. Jordan- President Marjorie �7ordan- Secretary & Treasurer A�DRESSES: 27646 Johnston Rd„ Dade City, F1 . 335�3 10240 �Tewsome Rd., L�ade City, F1_ 33523 A �l��'�f�i0. �'pr�CyGl�4� ^ � Si�ature of Bidder: �annie E. Jor (The bidder must indicate whe#her Corporation, Partnersiup, Carnpany or �ndividual). sident 5zctionV.doc Page i l of 14 S'1271z()1 � Attachment number 4 Page 13 of 15 �RO�asAL (�) Th� pers4n signin� shall, in his own handwriting, sign the Prancipal's n.ame, his own nam�e anc� his title. W�-iere the person signinb for a co�oration is other than tkae President or Vice-President, he must, by affid�vit, shaw his autElarity, tra bind the corporation. Construction, � By: l9 ' Ti�le: Dannie E. Jordan Business Address of Bidder: 3�� 9th Street Zephyrhills, FL. City and Stat�. I?ated at g: o a�. M. Presa.c��nt Zip Gode 33542 this �th day of July A.�,, 20 � � SectionV.dac Pagc i2 of 14 9/27f2fl10 Attachment number 4 Page 14 of 15 CITY �F CI�EARWAT�It ADTIENDUI'►�f S�IEET PRD�ECT: �AST WI2F' ll�:WATERING P[JMP �TA'TION' REHAB[L[T.A[T�)1\ (#]0-(#031- UT) Ac€�nt7i��l�c��n�ent is hereby R7ade of the fol]o��i��? acidenc�a recei��c� sinee issuane� a�°I'lans anc! Speciiications. u r'�ddendtf�tl T�[O. � Dai::: �� 1 �ddentlum �Vt�. L)att: rlddenduin �lo. i�ate: :1dd�nci�3m \c�. f)at�: A�lclendtn�� hlo. U�t�: Addendum �t�. Datt: .-'�dclendunt �lc�. Uate: <�,ddenc�um No_ Dai�: Addendta3� No. Date: Addendum No. Date: Addendum dVo� pat�: TD Constructian,Inc. (� meot�Bidc�er) �' (Sign3ture of fiic�r) Dannie E_ Jdrdan, President {�itle of t�€�ieer) �ui� �tr,, aai� ------ �nacc� ,:� � , , ,,, Attachment number 4 Page 15 of 15 BIDDER'S PRQPt)SAL PREI.I�CT: EAST WRF DE�JV:ATER�NG PIJNiP STA�`IQN REHA�ILITAITON {#iQ-I)03i- �.I "(' } CONTRaCTOR: �� Construction, Inc. BIDI)Eli'S GRAND TOTAL � 2 �f �'�� (i`�Jurnhers) '�'HE BiDDER'S (:�,NU �t0"I'AL A130V'�. IS H[5 �I'QTAi. B[D B.ASED Oi� I-��S Cli'�IT PRICES ANf3 LIIMP SEJM PR1C'F.S AIVl) THE �STI�vIATED Q[JANT[T[ES RE+QUIREI) �'OR E:�,C'�i tiECT[�N. THC:� F�(;C�}��: iti N'�Dit INFO�Z1�1.1'TION QNL�' AT THE TI14�1� (7F E)�'�;,'�I,"VC: RIDS. THF, CiTY 1'V111L �tAk� TE(� TAf3�IL.�'rI�N FRf�1� '�'�IE liNIT PRIC'E� �tiD Li11�1�' 4U149 l'1t[C'F: 131U. IF THER� IS :iN �F�R0�2 IN TNE Y'OTAL Fil� THE BIDDER, �T S�HALL �3f; CII�IN[;ED .�►S (�NI.,�' T��E i�t'ViT PRfC�� .�NI} l,Ul�lf' �L11�1 PTtICE SH.4L�, GO\�EIZN. Base Bid Subtotaf (8id item Nos. i-7} =/V?,3$O� Subtotai (?tivner's 14%o CanfinQen (Sid item T�tos. S} = /tl' 7�$: ___ Sase Bid Grand Total (Sid item Nas. 1-8� /(pZ,//$ . , ,. � , . Work Session Council Chambers - City Hall Meeting Date:8/15/2011 SUBJECT / RECOMMENDATION: Approve an agreement with Pinellas Counry for metered parking in various county-owned parking lots and autharize the appropriate officials to execute the same (consent) SUMMARY: The City has been under agreement with Pinellas Counry since the early 1970's for the maintenance, operation and enforcement of several county-owned surface parking lots surrounding the downtown courthouse campus and Sand Key Park. Sand Key Park was added to the agreement in July 1984. The County issued a request to cancel the Sand Key Park portion of the agreement effective September 30, 2011. The County has determined it is more cost effective to take over the parking operation, maintenance and enforcement functions internally in an effort to generate additional revenue to help offset their budget deficit. The new agreement will continue to provide coverage for five (5) downtown surface lots. All of the other terms and conditions of the agreement remain the same. The average annual meter revenue generated from Sand Key over the last three years is $500,000, of which the City share is 60°Io or $300,000. The estimated Fiscal Year 2012 parking fund revenue projections include this loss of revenue and there is not a significant adverse impact to the parking fund. Review l) Office of Management and Budget 2) Engineering 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Approval: Manager 7) City Manager 8) Clerk Cover Memo Attachment number 1 Page 1 of 9 AL;REEC�I�fVT FC}R N1LiEREa PA�KING THIS AGREEMENT FQR M��ERED PRRKIN� rnade and entered �nto this �� day t�f ��D11, by and betweer� the CITY �F C��ARWATER, FLC?RTDA, a munitipal c[�rp�oration, hereinafker referred Co as "City," and P6iVELLAS CdUIVTY, a political subdi�risic�n o'f the �tate Qf Flvrida, hereinafter referred to "G�u nty." W IT�f E55ETH: WHE�iEAS, the City ar�d the +County entered intc� Parking Agreernents as fc�llgws: July 1�, 19�69, anc3lune 2, 1970, for parking Lats #12 and �13 ajkJa South Lot; August 19, 1975, Lt��[s #19 and #20 a/kj� North Lot and Northeast Lat �espectively; August 9, 1977, Lot #23 a/k/a Nvrthwesi i�vt; 1August 9, 1377, Lat 22 a/k/a Wesi Lat; June 2, 19�7, Lot #�9 a/k/a East Lot, all curr�ulatively �mended arrd rest�ted irs t�n� arn�nded and Restated Agreement for P�rki�ig Meters dated May 12, 2{3Q�, and WHER�A5, the City has install�d �nd is cie5irous of cantinuing maintenance o# �uch parkin� rnet�rs and ather parking appurt�nances pn the afarementianed lots far use of the publi� wk�en on business at ti�e �ounty camplex; ar�d WHf�tEAS, iC is the cor�sid�red opininn of botih the Cflunty and �ity that such instaClation would be of rnutual adu�ntag� tc� the p�rti�s. NaW TFlEiiEFQRE, in consideration r�f the f4regning a�d other goad and valuable �ansider�tic�ns, receipt af whieh is hereby a�k�owledged, and the covenarrts to be per�c�rrrted by the Farcies pursuant to this Agreement, it is hereby agreed betweerr th� Parcies hereto as follaws: PREM15E5: The City agrees tc� rnaintain parking meters as shown an Exhibit "A-1" attached hereto and made apart hereQf and further deseribed as. Attachment number 1 Page 2 of 9 A. Lot �i2 i�. �€1� a/kja South Lol located aG� the Cc+unly Court�ause Parkir7�'�ai whieh lies at the �Vortheas# corn�r �f the inter�ectian of aak Sireet and Chestnut Street. B. Lot #19 a/fc,la North L�t located at the Norih�ast cvrner of the ir�tersectian c�f Court Street anci Osceola described as the W�st half af Lrst 2, Bia�4� 1 and LoI 1, Block 2, af A.C. Turner's 5ubdivisian, acearding to map ar pl�t ihere�f as recorded in Plat Book K Page 4i5 of the Pu��ic Recard� of Pinellas CounIy, Florida. C. tflt #20 a/k/� Northeast Parking Lat lying east of tt�e building (tr�cated at 44t7 Caurt Street �nd describ�d as �vts 4�] thrt�ugh 42, C4urt 5quare 5ubdrvi�ion, acec�rdin� ta map c�r plat therea# as recorded in �lat 6ocrk S, Page 53 af the Pub[ic Recards of Pinelfas �ounty, Flarida. D. Lot #z7 a/k/a Ncrrthwest lot lying west and north �f the building fc�eaEed at 31Ci Caurt 5treet. �. Lat #22 a/k/a W�st Lot located at the 5outhw��t crarner of the ir�tersecti�n of Court Street and Qak Averrue. F. Lat #�9 a%k/a fast Lpt lying in ti�e fVOrihwe5t corrrer of the inter5ection c�f South Fr. Harrisnn and Chestnut 5tre+�t �iescribed as a portion of �c�ts 1 and 2, Markley SW�{�lVI51Qf1„ and � portic�n �f vacated right �f way of Markley Stre�t. �. PARKI�G 'METER INVENT�RY: There are currently i95 parking meters currently ir�stall�d on all the lots referenced a�eve, and this in�rentory is subjeet to chang�e pursuant to the terms c�f this Agreement. �fie City reserv�s #he right tc� tra�sition the Premises, or dny Attachment number 1 Page 3 of 9 partion ti7er�of, tc� a different parking �ayment syster�7, such as pay statipras c�r �ny ather cr�n�enient, co�t-effectirre technology availabie to ti�e City i�n its sole discreti:an, C(IUNTY MAINTENANCE: The C�aunty agrees ta maintain at its expense at all times during the ct�ntinuance Q€ this Agreement, the surfa��s and curk�ings on and around the said parking areas on its property and sha9l be respansible to anyone cl�imi�g damages against the City or the County as a result af the Cou�ty`s sole n�gligenee in ma�nt�ining s�id Pr�rr�i5es in � 5�fe [t�nditic�n to the extent permit#ed by law; and the City agre�s to be resporssible far claims of anyone resulting from its sole negfigrenc� in maintaining the �arking meter�, parking rneter star�dards and appurt2nances an said prop�rty #v xhe extent permitted by law. This paragraph shall not be de�med to be a waiver of either party'S S�V�r�tg�l immUnity. 4. CITY 1113AIt�TE�,fAN�E ANQ COLLECTIQNS; The City agrees ta all mainiain city-installed parking meters and parking appurtenanCes and to make all coFleCtions in the follc�wing manner: A. The City shall retain all proceeds irc�rn the said �arkin� meters until the east of any new parking meters, parking meter standards and appurtenances so ins#alled subsequent tr� thtase already present at the execu4iors €�f this contract, to�ether with the cost of pnstallation have been rec€��rped 6n f�ull. In the event the old m�eters are s�ld, any proceeds tess �he cost of sale� shall be appfied toward the cast v� the rsew rneters. After the cosk c�f th� said pa�dcing meters have laeen r��ouped hy the City, then the �srass receipis fram said meters shal9 be divider4 as fol�ows: The City shall Attachment number 1 Page 4 of 9 receiue sixty {6�°fflj percenk of sadd recei�ats �nd tk�e Cc�urity sh�IV receive €c�rty (40%a} percent of �aid receipts. C. Tkre City a�greeg t�a remit ta the County fts percentage of said ct�llettion at reasonable intervaks, npt less #requently than anee every three (3} months, during the terrt� of this Agreemen#, ihe City agrees to rr��€ce collections from thg parking met�rs an Caunty pr�perty separaEely, ar�d agrees not to e�-mingle th� funds so cplle�ted with its parking m�ter receipts from ather properties until after a division af the tc�llettions from Caunty property has been made as afor�rr�er�tioned. CH�CK AN[7j�R IN5PECT: The City agrees th�# the Caunty may eheck and/ar ins��ei any and all �rocec�ures used by the City and/car its agents irr c�liec#ir�g and dis�ursin� the iunds collected fr�m the meters or� County property, p�nvided ihat su�h �heck�ng and inspection is done at such time and in sueh manner that na City em�l�y�p i� deVayed ar hindered in the perForrnance of his/her duty. 6. TIME LIMITS: The �Caunty has the sole right tr� 5p��ify tirne lie�nits on meters in the afo�ementioned lots as Ion� as thse fimits are reasorrabfe and consistent with ather municipal lots afi a similar type. The C+ounty will cans�it with th� City's lParking 5ystem when 5peeifying parkin,� metertimr�e limits to be eStablaSf�e� �r ch�anged. RESERVATIDf� �F METERS: T#�e County h�s the right ta bag meters and/or reserve parking, spac�es far special e�vents ar wcr�unteer wQrf�ers with proper natifitatian by teieca�rrtrrunicatians to Clearwater Engin�ering Department / Parking System. Attachment number 1 Page 5 of 9 i�ATES: Tk�e City Y�as t�he rigf�t t� contra! r�tes as lor�g as they are cansist�nt wit�r c�ther muni�ipal lots of similar type. REPLA�CEMENT O� METERS: The City may in�talM replacement me#ers �n� o#her �arkir:g �ppurtenance5 at thei► expense and that expense will be rec4uped thr�augh park�ng feej prFC�r tn Ci�e County �nd City sharing in the fees as described in Paragraph 4{A} and 4{Bj. 1{]. Al7DITION/REDUCTIG�hf �F fVIETERS: Th� Rarti2s h�r�to mutually agree that the area d��oted to parking on the Caunty pcoperty may be enlarged ar contracted fram time tr� time '�y the C�unty. The City may recluce the number of ineters �r insta(I additianal m�eters c�n the County praperty, as ageeed upan by both City and Caunty, Furtherm�re, The City reserves the right to tra�tsiti�n the PremiSes, ar arry p�riion thereof, to a differen# parking payment system, sueh as pay siatior�s ar ar�y ather c�onvenient, t�st- effecTi�e technQlo�y a�ailable to the C�ty in its sole discretiara, 11. RUL�ES A�l� RE�4�lATIDI�S: The Coua�ty covenants and a�rees that the City shafM during the cantir�uance of 4his Agreeme�t ha�re the exclu�ive righ# and �uth�rity to establish and enforce al9 rules and regulations in connection with th� operatron �f said parking meters. 12. L�CEN'SE5 ANp TAXES: The County shall durirag the canEinuan�e of this Agreement pay all licenses and tax�s of any typ�e a�piie�ble ta said patking facifities an its prop�rty. 13. �C�7MMENC�Mfhf7 DAiE; CANCELLA71UAl: This Agreement shall cammenc� on i7cto�er 1, 2�11, and sh�ll r�main in full fr�rce and effect until e�nrelet� l�y the mvtual written cc�nsent of the parties �r until cancele� by either party giuing written nc�tice ta th� other Party �f s�rth �antedlation at least sixty� (6i]) days in adv�nc� thereaf, whereupAn #his Attachment number 1 Page 6 of 9 A�reer��er�t sh,all s[and car�c�led �izd cerminatep and each p�rty heretc� shaii be fre�d and discharged frort� fs�rther liability and responsihility hereun�l�r from arsd a�ter sueh can�ellation d�te. If sa#d A�reement is canceied by the CoUnty t�efar� the City has recouped the full and cc�mplete cosC of the parking meter s#andards and �ppurtenances as her�inabaue set out, then the courrty shall reimt�urs�e the Cfty for the balance d�ae and owing there�on. Upan ar�y tancelfation, the City �hall within thirty (30j days of the effeetive date thereof render ta tt�e Cnunty a final aceounting and payment of a�y funds due tr� the Caunty. 14. QWf�Ef�SHfP QF MEiERS: All meters and appurtenances thereto installed by the C�ty e#ther befQr� ar after the signing of this agreement s9�all at all times remain the prvperty af the �ity and the s�rr�e shall be rerr�oved witha�at payment of any p�nalty th�refore �ut such removal shall take place not later t#�an thir�y (30� days after the canceflation and t�rrrrir��tit�r� of this Agreement. In the rema�+a1 th�ere�af, th� City shall exercise r�asanable care s�o as not to unnecessariiy damage Cauniy pro��rty. 15. OTHER C�7NTRACTS: This Agreement replaees all �re�ious �arki�g Agreements between tY�e City arrd the County. �.6. I�OTICES: Ail neatfces t+� the Caunty shall be sent Certified mail tp th�e follovuing ad�iress until otherwise infrarmed: Real Esia'te Managemen# Attentian: D��u� �elMonte 509 East Avenue Sauth Clea�water, FL 337'5& Attachment number 1 Page 7 of 9 In�i:r�1��°�i: Ci#y c�f Cl�arwater Eng�neering/Parking 5ystem Att�ntion: Tracey Bruch P.C1. Box 474� Clearwater, �L 3375g-4748 17. BINL7ING: The terms and provisians of this Agreement shall b� binding upan the P�rties hereto, �heir su�cessors a�d assigns. I8. �ISCAL FUN�ENG: In the e�ent funds are not budgeted and apprc�priated by the Caunty in any succeeding fisc�l year for purposes described h�erein, th�n this Agreement shall #ae deeme�d to terminate ac the expiration c�� the fi�cal year for whic� funds wer� appropriated and expen�led. REN6AlIVLI�R C]F PAGE INTEiVTI(]NALtY LEF7 BIAPVK, Attachment number 1 Page 8 of 9 ��'� �'ur��r"'��`_1 �JtirS'i��*.E�JF, l�l� p�fi.lt'S �tF'Xt'it1 Eid1r�' (.ri4�.a�;i `Lf7E'S:` (]r"�S�Ifl�S t{1'fit' f}U�"y` execuied the day and year first �bove wriiten. CC��INTERS1GhlEQ: gy: Print Name: Frank V. Hibbard Titie: Mayar (SEALj Appra�ed as to Forrn 8y: Print Nan�e: Camila Sota Title: Assistant City Attorney {SEALj V1f1TNE55: By' 4 ��! � C? P ' Name: c (5EA�} APPRC]VED AS TC3 FORM (�FFICE QF C4]UNTY ATT(JRNEY By: ATTQ ft N �Y CIl��/ (7F CLERRWATER, FLQRIDA By: Prir�t Name. Wil�iam B. Harne II Titfe: City Manag�r ATTEST: �y: Rrint Nam�: Rosemarie Call Tatie; City Clerk PINELLAS CC]UNTY, FLQRI(?A ,�'��J f" ,�+� B1�""� ✓�I' ,% �- ��`Li'�- Print fVa�rre: Rs�bert 5. La5 la Title; County Administrator Attachment number 1 Page 9 of 9 Exhif�it `'.�1-1. 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' .�i. �i. f--i��Cf154�1'i II . - ' ` �i� n�7 ` � 6 � ,'� � � _ �,^ - �� jI i , � �: � � � � a �, � . J_ i:j• 1 � �: E `� �d } � �4 ,�* � � .� � � � 4 � � 1 �'��` ;. � � �:1 � � � � � ��.�.r ` F'!1�'� � �• � � � � � � e _ r � ' ` � ,r � ' Sr� .:"'� '"�i�' �� , �' � . . 1 "' _ 'AA z .. - �y F ��1 � • � {� � - � r1. ' .-.s� 1 �r..� m. " �' . � � .. .�,..- �' ^��, 'nl�f `„f 4 �'�`t �y�,., �� t *` � �i�k �� ,,� �� fi r� � 1� _ ��. .-...,. ,..�. � � � . - ;'� � � .,� -�. / l�"��' E � �� 1tar�ne�2014 4033 Exhihit f�-4:dat Work Session Council Chambers - City Hall Meeting Date:8/15/2011 SUBJECT / RECOMMENDATION: Amend Chapter 30, Traffic and Motor Vehicles, Code of Ordinances, to revise the parking ticket dismissal program by eliminating ihe $10 dismissal fee and pass Ordinance 8273-11 on first reading. SUMMARY: At the urging of the court, parking ordinance Sec. 30.060 (7) was approved in August 2010 to establish an internal parking ticket dismissal program in lieu of a court appearance. The dismissal program provides a mechanism to dismiss properly issued tickets for failure to display or properly display valid parking permits, valid multi-space pay station receipts, handicap hangtags or any other recognized permits. On June 10, 2011, City Management placed the $10 fee in abeyance. A review of the data for "Failure to Display" violations ($20 fine) from September 1, 2010 — May l, 2011 suggests: 1.7% (or 6,240) of the total pay station receipts issued (361,875) were cited by parking enforcement as "in violation". Of the 6,240 violations issued, 8% (or 530) of the tickets were disputed and dismissals requested. To date, 64°70 (or 339) of the $10 dismissal fees have been paid in full. A review of the data for "Handicap Permit" violations ($255 fine) from September l, 20] 0— May 1, 20] 1 suggests: 519 Handicap violations for "No Permit Displayed" were issued. 49°70 (or 256) of the tickets were disputed and dismissals requested. To date, 91% (or 233) of the $10 dismissal fees have been paid in full. In total, 786 dismissals have been processed. A review of the complaints concerning the $10 dismissal fee includes accusations that the City is intentionally targeting visitors and knowingly operating a scam/racket. The total number of complaints received during this 8-month period via GTracs, letters and phone calls is nine (9). Elimination of this dismissal fee will have minimal impacts to the parking fund. Cover Memo Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Attachment number 1 Page 1 of 2 ORDINANCE NO. 8273-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING PROVISIONS OF CHAPTER 30, TRAFFIC AND MOTOR VEHICLES, CLEARWATER CODE OF ORDINANCES, TO ELIMINATE A PROVISION ALLOWING THE RECOVERY FOR ADMINISTRATIVE COSTS AS PART OF THE CITY'S PARKING TICKET DISMISSAL PROGRAM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City maintains a parking ticket dismissal program for individuals that failed to properly display parking permits, parking pay station receipts, handicap hang-tags, or any other City-recognized parking permits, and WHEREAS, the City desires to eliminate a provision of the ticket dismissal program assessing administrative costs to the individual seeking redress via this program, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 30, Traffic and Motor Vehicles, Section 30.060 be amended by deleting the stricken language as follows: Sec. 30.060. Penalties/warning letter upon failure to comply with ticket. ********** (7) Ticket Dismissal. The city's designee will establish and maintain a parking ticket dismissal program. Properly issued tickets for failure to display or properly display valid parking permits, valid parking pay station receipts, or handicap hang-tags or any other recognized permit shall be dismissed in lieu of court appearance and dismissal by the designee when the complainant can later produce valid proof of such permit or hang- tag. . . Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED Ordinance No. 8273-11 Frank V. Hibbard Mayor Approved as to form: Attest: Camilo A. Soto Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 2 of 2 Ordinance No. 8273-11 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:8/15/2011 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and Drainage Feature Overlay and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District far 1842 and 1849 Diane Drive; 1727 and 1771 El Trinidad Drive; 1717, 1718, 1736 and l 741 Evans Drive; 1728, 1736 and 1746 Grove Drive; 1705, 1712, l 716 and 1746 Lucas Drive; 1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738 Terrace Drive; and 1716, 1733, 1741, 1749 and 1754 Thomas Drive (all parcels are located in Section O5, Township 29 South, Range 16 East)and pass Ordinances 8270-11, 8271-11 and 8272-11 on first reading. (ATA2011-01001) SUMMARY: 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 l9, 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 a total of 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 C of the overall annexation project, includes 25 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 agreemenCs. The Phase C properties are occupied by 25 detached dwellings on 4.94 acres of land. It is proposed that approximately 10 acres of right-of- way throughout this area on Evans Drive, Lucas Drive, Thomas Drive, Grove Drive, El Trinidad Drive, Terrace Drive, Diane Drive, Skyland Drive, Morningside Drive, Winwood Drive and Marilyn Drive not currenfly within the city limits also be annexed (please refer to the attached annexation map for the specific locations). It is proposed that the 25 properties be assigned a future land use map designation of Residential Low (RL). A major drainage ditch traverses three of these properties (2738 Terrace Drive and 1718 and 1736 Evans Dr) 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 481ocated at 1700 Belcher Road. The Ciry has adequate capaciry 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 C��r��t�r 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 Ciry'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 designations 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 three properties (2738 Terrace Drive and 1718 and 1736 Evans Dr) 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 Densiry Residential (LMDR) District. The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential(LMDR) District. All of the properties meet the minimum dimensional requirements of the Low Medium Densiry 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. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Attachment number 1 Page 1 of 7 ORDINANCE NO. 8270-11 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 1842 AND 1849 DIANE DRIVE, 1727 AND 1771 EL TRINIDAD DRIVE, 1717, 1718, 1736 AND 1741 EVANS DRIVE, 1728, 1736 AND 1746 GROVE DRIVE, 1705, 1712, 1716 AND 1746 LUCAS DRIVE, 1813 AND 1837 MARILYN DRIVE, 1818 AND 1837 SKYLAND DRIVE, 2738 TERRACE DRIVE, 1716, 1733, 1741, 1749 AND 1754 THOMAS DRIVE, TOGETHER WITH ALL RIGHT OF WAY OF EL TRINIDAD DRIVE EAST, WITHIN DIANE HEIGHTS REPLAT SUBDIVISION, ALL RIGHT OF WAY OF MORNINGSIDE DRIVE, WINWOOD DRIVE, AND EL TRINIDAD DRIVE EAST, WITHIN WINWOOD SUBDIVISION, ALL RIGHT OF WAY OF MARILYN DRIVE ABUTTING LOTS 2 THRU 6, BLOCK H, ALL RIGHT OF WAY OF SKYLAND DRIVE ABUTTING LOT 3, THRU THE NORTH 16 FEET OF LOT 8, BLOCK I, ALL RIGHT OF WAY OF DIANE DRIVE ABUTTING LOT 3, BLOCK J, THRU LOT 14, BLOCK I, AND LOTS 9 THRU 11, BLOCK J, ALL RIGHT OF WAY OF MORNINGSIDE DRIVE ABUTTING LOT 11, BLOCK J, INTERSECTION OF MORNINGSIDE DRIVE AND DIANE DRIVE, IN CARLTON TERRACE FIRST ADDITION, ALL RIGHT OF WAY OF EL TRINIDAD DRIVE EAST, ABUTTING LOTS 1 THRU 7, BLOCK 1, AND ABUTTING LOTS 11 THRU 18, BLOCK 1, ALL RIGHT OF WAY OF TERRACE DRIVE (PREVIOUSLY KNOWN AS EL TRINIDAD DRIVE NORTH), ABUTTING LOT 15, BLOCK 2, IN VIRGINIA GROVE TERRACE, ALL RIGHT OF WAY OF EVANS DRIVE ABUTTING LOTS 20 THRU 30, BLOCK 6, IN VIRGINIA GROVE TERRACE FOURTH ADDITION, ALL RIGHT OF WAY OF GROVE DRIVE ABUTTING LOT 27, BLOCK 2, AND ABUTTING LOT 6 THRU LOT 8, BLOCK 4, AND ABUTTING LOT 10, BLOCK 4, AND ABUTTING LOTS 12 THRU 15, BLOCK 4, ALL RIGHT OF WAY OF TERRACE DRIVE AS SHOWN ON THE SUBDIVISION PLAT, IN VIRGINIA GROVE TERRACE FIRST ADDITION, ALL RIGHT OF WAY OF LUCAS DRIVE ABUTTING LOT 1, BLOCK 6, AND ABUTTING LOT 29, BLOCK 5, AND ABUTTING LOTS 4 THRU 12, BLOCK 6, IN VIRGINIA GROVE TERRACE THIRD ADDITION, ALL RIGHT OF WAY OF THOMAS DRIVE ABUTTING LOTS 16 THRU 18, LOTS 20 THRU 25, AND LOT 27, BLOCK 4, AND ABUTTING LOT 5, BLOCK 5, AND ALL RIGHT OF WAY OF TERRACE DRIVE, ABUTTING LOTS 7 THRU 10, BLOCK 3, IN VIRGINIA GROVE TERRACE SECOND ADDITION, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF Ordinance No.8270-11 Attachment number 1 Page 2 of 7 THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See legal description attached hereto as Exhibit A. (ATA2011-01001) The map or maps attached as Exhibit B 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. 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 Ordinance No.8270-11 Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 3 of 7 Ordinance No.8270-11 Attachment number 1 Page 4 of 7 Exhibit "A" LEGAL DESCRIPT�4NS ATA2011-Q1001 (Diane Area ATAs, Phase C) All Right of Way of Et Trinidad Drive East, within Diane Heights Re�lat subdivision, as recorded in Plat Book 90 0� Page 5, o� the Public Recards of Pinellas Co�nty, �'Iorida. . , -------------------------------------------------------------------------------------------------------------------------------------------- A[l Rigtit of Way of Morr�ingside Drive, Wiilwood Drive, and El Trir�idad Drive East, within Winwood subdivision, as recorded i�i Plat Book 113 on Pages 43 tkjxu 45, ofthe Public Records of Pinellas County, Florida. Parcel ID Address 05-29-16-13554-Q10-003Q I849 Diane Dr. OS-29-16-13554-009-0030 1837 Skyland Dr. OS-29-1b-13554-009-0170 i842 Diane Dr. OS-29-16-13554-008-Ofl20 1837 Marilyn Dr. OS-29-16-I3554-00&-0060 1813 Marilyn Dr. 05-29-16-I3554-008-0120 1818 Sicyland Dr. Lot 3, Block .T, Lots 3 and 17, Block I, Lots 2, 6, 12 and the North 34 Feet of Lat 11, Block H; together with: All Right of Way of Marilyn Drive abuttiu�g I.ots 2 tluu 6, Block H; together with: All Right of Way of Skyland Drive abutting Lot 3, thz-u tt�e North ].6 Ft. of Lot 8, Block I; togeLher with: A11 Aight of Way of Diane Drive abutting �.ot 3, Block J, tY�ru Lot 1�, Black I, and Lots 9 tliru 1 I, Block .1; together with: All Right of Way of Morningside Drive abutting Lot I 1, Bkock J; together with: Ali of the Ri�ht of Way at the intersection of Morningside Drive and Diane Drive; all the abo�e in Carlton Terrace Rirst Addi#ion subdivision, as recorded in Plat Book 43 on Page 39, of the Public Records of Pinellas County, Florida. Parcel ID Address OS-29-16-9432Q-OOi=�070 1727 �1 Trinidad Dr. OS-29-16-94320-001-0140 1771 El Trinidad Dr. Lots 7 and 14, Biock 1; together with; AIl Right of Way of El Trinidad Dri�e East, abutting iots 1 thru 7, Block l, and abutting Lots 11 tlu�u i 8, Block 1; together with: All Righ� of Way of Terrace Drive (previously known as El Trinidad Drive N.), abutting Lot 15, Biock 2; 7/1812�'E 1 11:22 AM Page 1 of 3 ATA2t391-03001-LEGAL DESCRIPTIQHS Phase C 25 parcels.docx Attachment number 1 Page 5 of 7 all the above in Virginia Grove Terrace subdivision, as recarded 'fn Plat Book 37 on Page 29, of the Public Records of Pinellas Caunty, Florida. � Parcei ID Address OS-29-16-94342-006-0200 1741 E�ans Dr. OS-29-Ifi-94342-006-0260 I7I7 Evans Dr. OS-29-16-94392-007-0060 Z7Z$ �vans Dr. OS-29- I G-94392-007-0100 1736 Evans Dr. Locs 20, 2G, and 27, Block 6, Lots 6 and !0, Block 7; togeti�er with: All Right of Way of Evans Drive abutting Lots 20 tluu 34, Bloc[c 6; ail thc z�ove ii5 �'is�b'snia G��o��e Tcrrace �'o��tlti Adct itio�i subdivision, as recorded in Plat Book 37 an Pa�e 75, of the Public Reeords af Pinel[as County, Fioricla. Parcel TiD Address 05-29-16-94338-004-0080 1728 Grove Dr. 05-29-16-94338-004-Q100 1736 Gro�e Dr. 05-29-16-94338-fl04-Oi20 174fi Grove Dr. Lot 24, Block 2, Lots 8, lfl, and 12, Block 4; together with: All Right of Way of Grove Drive abutting Lot 27, Block 2, and abutting Lots 6 thr� Lqt 8, Blocic 4, and abutting Lot I4, Block 4, and abutting Lots 12 tl�ru 15, Block 4; tagether witta: AI[ Right of Way of Terrace Drive as shown on the subdivision plat; all the a�ove in Virginia Gro�e Terrace First Addition subdivision, as recorcled in Plat Book 37 on Page 62, of the Pubiic Records af Pinellas County, F[orida. Parcei ID Address OS-29-16-94374-005-0240 1705 Lucas Dr. OS-29-16-94374-446-0040 I712 T�ucas Dr. OS-29-I6-94374-006-0054 1716 Lucas Dr. OS-29-t6-94374-006-0120 1746 Lucas Dr. Lot 29, Block 5, and Lots 4, 5 and 12, Biock 6; togekher with: All Righ� of Way of Lucas Drive abufting Lot i, Block 6, and abutting Lat 29, Block 5; and abutting Lots 4 tl�ru 12, Block 6; al! the abo�e in Virginia Gro�e Terrace Third Addition subdi�ision, as recorded in Plat Book 37 on Page 74, of the Public Records of Pinellas County, Florida. 7118l2Q11 11:22 AM Page 2 of 3 ATA2011-01001-LEGAL DESCRIPTIONS Phase C 25 parcels.docx Attachment number 1 Page 6 of 7 Pa rcel ID Add ress OS-29-16-94356-003-fl100 2738 Terrace Dr. OS-29-16-94356-004-(fL80 1749 Thomas Dr. OS-29-16-94356-004-0200 174i Thomas Dr. OS-29-16-9�356-004-0220 1733 Thomas Dr. OS-29-Ib-94356-OOS-0050 1716 Thomas Dr. OS-29-16-44356-005-0140 1754 Thomas Dr. Lot 10, Block 3, i,ats 18, 24, and 22, Block 4, Lots 5, 14, and 1 S, Block 5; together with: All Right of Way of Terrace Drive, abutting Lots 7 thru 10, Block 3; together with: All Ri�l�t of Way of Tfio�itas Drive abutting Lois 1G tlu-u E8, Lots 20 tl}ru 25, and Lot 27, Block 4, and abutting Lot 5, Block 5; alE tiie above in Virginia Grove Terrace Second Addition subdivision, as recorded in Plat Book 37 on Page 73, of the Public Records of Pinellas County; Florida. 7/18/2011 91:22 AM Page 3 of 3 ATA2011-0'i001-LEGAL DESCRiPTIONS Phase C 25 parcels.docx Attachment number 1 Page 7 of 7 PROPOSED ANNEXATION MAP Owner MULTIPLE OWNERS Site From To: Case: ' ATA201 1-01 001 DIANE AREA PHASE C: Multiple lots south of Sunset Point Property Size (Acres): Road, east of US 19 and north of SR 590 (see next page) Rights-of-way (Acres): Land Use RL, P (County) RL, Drainage Feature Overlay (City) Zoning R-3 (County) LMDR (City) PIN: Atlas Page: 25 PARCELS @ 4.94 acres + 10.838 acres ROW , Parcels—see last page 264A ORDINANCE NO. 8271-11 Attachment number 2 Page 1 of 6 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 1842 AND 1849 DIANE DRIVE, 1727 AND 1771 EL TRINIDAD DRIVE, 1717, 1718, 1736 AND 1741 EVANS DRIVE, 1728, 1736 AND 1746 GROVE DRIVE, 1705, 1712, 1716 AND 1746 LUCAS DRIVE, 1813 AND 1837 MARILYN DRIVE, 1818 AND 1837 SKYLAND DRIVE, 2738 TERRACE DRIVE, 1716, 1733, 1741, 1749 AND 1754 THOMAS DRIVE, TOGETHER WITH ALL RIGHT OF WAY OF EL TRINIDAD DRIVE EAST, WITHIN DIANE HEIGHTS REPLAT SUBDIVISION, ALL RIGHT OF WAY OF MORNINGSIDE DRIVE, WINWOOD DRIVE, AND EL TRINIDAD DRIVE EAST, WITHIN WINWOOD SUBDIVISION, ALL RIGHT OF WAY OF MARILYN DRIVE ABUTTING LOTS 2 THRU 6, BLOCK H, ALL RIGHT OF WAY OF SKYLAND DRIVE ABUTTING LOT 3, THRU THE NORTH 16 FEET OF LOT 8, BLOCK I, ALL RIGHT OF WAY OF DIANE DRIVE ABUTTING LOT 3, BLOCK J, THRU LOT 14, BLOCK I, AND LOTS 9 THRU 11, BLOCK J, ALL RIGHT OF WAY OF MORNINGSIDE DRIVE ABUTTING LOT 11, BLOCK J, INTERSECTION OF MORNINGSIDE DRIVE AND DIANE DRIVE, IN CARLTON TERRACE FIRST ADDITION, ALL RIGHT OF WAY OF EL TRINIDAD DRIVE EAST, ABUTTING LOTS 1 THRU 7, BLOCK 1, AND ABUTTING LOTS 11 THRU 18, BLOCK 1, ALL RIGHT OF WAY OF TERRACE DRIVE (PREVIOUSLY KNOWN AS EL TRINIDAD DRIVE NORTH), ABUTTING LOT 15, BLOCK 2, IN VIRGINIA GROVE TERRACE, ALL RIGHT OF WAY OF EVANS DRIVE ABUTTING LOTS 20 THRU 30, BLOCK 6, IN VIRGINIA GROVE TERRACE FOURTH ADDITION, ALL RIGHT OF WAY OF GROVE DRIVE ABUTTING LOT 27, BLOCK 2, AND ABUTTING LOT 6 THRU LOT 8, BLOCK 4, AND ABUTTING LOT 10, BLOCK 4, AND ABUTTING LOTS 12 THRU 15, BLOCK 4, ALL RIGHT OF WAY OF TERRACE DRIVE AS SHOWN ON THE SUBDIVISION PLAT, IN VIRGINIA GROVE TERRACE FIRST ADDITION, ALL RIGHT OF WAY OF LUCAS DRIVE ABUTTING LOT 1, BLOCK 6, AND ABUTTING LOT 29, BLOCK 5, AND ABUTTING LOTS 4 THRU 12, BLOCK 6, IN VIRGINIA GROVE TERRACE THIRD ADDITION, ALL RIGHT OF WAY OF THOMAS DRIVE ABUTTING LOTS 16 THRU 18, LOTS 20 THRU 25, AND LOT 27, BLOCK 4, AND ABUTTING LOT 5, BLOCK 5, AND ALL RIGHT OF WAY OF TERRACE DRIVE, ABUTTING LOTS 7 THRU 10, BLOCK 3, IN VIRGINIA GROVE TERRACE SECOND ADDITION, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW Ordinance No.8271 -11 Attachment number 2 Page 2 of 6 (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 See attached legal description, Exhibit "A" (ATA2011- 01001) Land Use Cateqorv Residential Low (RL) and Drainage Feature Overlay The map or maps attached as Exhibit B 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. 8270 -11. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Rosemarie Call City Clerk Ordinance No.8271 -11 Attachment number 2 Page 3 of 6 Exhiblt ��A}� 8271 -1 � LEGAL DESCRIPTIONS ATA2011-01001 (Diane Area ATAs, Phase C) All Right of Way of El Trinidad Drive East, within Diane He'rghts Replat subdivision, as recorded in Piat Book 9U on Page 5, of the Public Records of Pinellas County, Florida. All Right of Way of Morni�gside Drive, Winwood Drive, and El Trinidad Drive East, within Winwood subdivision, as recorded in Plat Book 113 on Pages 43 thru 45, of the Public Recards of Pinellas County, �lorida. Parce[ ID Address 05-29-16-i3554-U10-0030 1849 Diane Dr. OS-29-16-13554-009-0030 I837 Skyland Dr. OS-29-16-13554-009-�170 1842 Diane Dr. 05-29-16-13554-008-0020 1837 Marilyn Dr. OS-29-i6-13554-008-0060 1813 Marilyn Dr. OS-29-16-13554-008-0120 1818 Skyland Dr. Lot 3, Block 3, Lots 3 and 17, Block I, I.ots 2, b, I2 and the North 34 �eet of Lot I I, Block H; togettier with: ', All Right of Way of Marilyn Drive abutting Lots 2 thru 6, Block H; together with: All Right of Way of Sl�yland Drive abutting Lot 3, thru the North 16 Ft. of Lot 8, Block I; together with: Atl Right af Way of Diane Drive abutting T..ot 3, Black J, thru Lot 14, Block I, and Lots 9 thru 11, Block 7; together with: ', All Right of Way of Morningside Drive abutting Lot 11, Block 3; together with: All of tiie Right of Way at the intersection of Morningside Drive and Diane Drive; aIl the above in Carlton Terrace First Addition subdivision, as recorded in Plat Book 43 on Page 39, of tlie Public Records of Pinellas County, Florida. ' Parcel ID Address OS-29-1b-94320-001-0070 OS-29-ih-94320-001-0140 Lots 7 and 14, Blocic 1; 1727 El Trinidad Dr I771 El Trinidad Dr together with: , All Right of Way of El Trinidad Dri�e East, abutting L.ots 1 thru 7, Block l, and abutting Lots 11 thru I8, Block 1; together with: , All Right of Way of Terrace Drive (previausIy known as El Trinidad brive N.), abutting Lot I 5, Block.2; 7/21/2011 3:29 PM Page 1 of 3 ' ATA2011-0100�-LEGAL DESCRIPTIONS Phase C FLl! (2).docx ' , Attachment number 2 ', Page 4 of 6 ali the above in Virginia Grove Terrace subdivision, as recorded in Plat Book 37 on Page 29, of the Public Recards of Pinellas County, Florida. , Parcel ID Address OS-29-16-94392-006-0200 1741 Evans Dr. , OS-29-16-44392-OOb-0260 1717 E�ans Dr. OS-29-16-94392-007-0060 1718 �vans Dr. (Future Land Use designation of Residential Low (RL) and drainage Feature Overlay (DFO) OS-29-16-94392-007-0100 1736 Evans Dr. {Future Land Use designation of Residential Low (RT.,} and drainage Feature Overlay (DFO) ' Lots 20, 26, and 27, Block 6, Lots b and 10, Block 7; togetlier with: All Right of Way of Evans Drive abutting Lots 20 thru 30, Block 5; all the above in Virginia Grove Terrace Forth Addition subdivision,' as recorded in Piat Book 37 on Page 75, of the Pubiic Aecords of Pinellas County, Florida. ' Parcel ID Address 05-29-16-9433$-044-0080 1728 Grove Dr. OS-29-16-94338-004-0100 1736 Grove Dr. 05-29-16-9433$-004-0120 1746 Grave Dr. Lot 24, Block 2, Lots 8, 10, and 12, Block 4; tagether with: AIl Right of Way of Grove Drive abu�king Lot 27, Black 2, and abutting Lots 6 thru Lot 8, Block 4, and abutting Lot 10, Block 4, and abutting Lots 121hru 15, Block 4; ' together with: ' Ail Right of Way of Terraee Drive as shown on the subdivision plat; all the above in Virginia Grove Terrace First Addition snbdivision, as recorded in Plat Bpok 37 on Page 62, of the Public Records of Pinellas County, k'lorida. ' -------------------------------------------------------------------------------------------------------------------------------------------- Parcel ID Address OS-29-16-94374-405-0290 1705 Lucas Dr. OS-29-16-94374-406-0040 1712 Lucas Dr. 45-29-16-94374-446-0050 1716 Lucas Dr. OS-29-16-94374-406-0120 1746 Lucas Dr. Lot 29, Block 5, and Lots 4, 5 atid 12, Block 6; together with: ', All Right o£ Way af Lucas Drive abutting Lot 1, Block b, and abutting Lot 29, Block 5, and abutting Lots 4 thru I2, Block 6; ', all the above in Virginia Grove Terrace Third Addition subdivision; as recorded in Piat Book 37 on Page 74, of the Public Recards of Pinellas County, Flarida. 7/21I2011 3:29 PN! Page 2 of 3 , ATA2011-0100i-LEGAL DESCRI�TIONS Phase C FLII (2).docx ' Attachment number 2 , Page 5 of 6 Parcel ID Address ' OS-29-16-94356-003-Oi00 2738 Terrace Dr. (Future Land Use designation of Residential Low (RL) axtd drainage Feature O�erlay (DFO) OS-29-1b-94356-004-0180 1749 Thornas Dr. I 05-29-16-9435b-004-0200 1741 Thomas Dr. ' 45-29-16-94356-004-4220 1733 Thomas Dr. , OS-29-16-94356-005-4050 1716 Thomas Dr. ' OS-29-16-44356-405-0144 1754 Thomas Dr. ' Lot 10, Block 3, Lots 18, 2U, and 22, Block 4, Lots 5, 14, and 15, Block 5; together with: ' All Right of Way of Terrace Drive, ab�tting Lots 7 thru lU, Block 3; , . tagether with: ' Al! Right of Way of Thomas Dri�e abutting Lots 16 thru 18, Lots 20 thru 25, and Lot 27, Block 4, and abutting Lot 5, Block 5; ' all the above in Virginia Grove Terrace Second Addition subdivision, as recorded in Plat Book 37 on Page 73, of the Public Records of Pinellas County, Florida. ' 7/21/2011 3:29 PM Page 3 of 3 , ATA201 i-01001-LEGAL DESCRIPTIONS Phase C FLU {2).docx Attachment number 2 Page 6 of 6 Owner MULTIPLE OWNERS Site From To: FUTURE LA ND USE MA P Case DIANE AREA PHASE C: Multiple lots south of Sunset Point Property Size (Acres): Road, east of US 19 and north of SR 590 (see next page) Rights-of-way (Acres): Land Use RL, P (County) RL, Drainage Feature Overlay (City) Zoning R-3 (County) LMDR (City) PIN: Atlas Page: ATA201 1-O 1001 25 PARCELS @ 4.94 acres + 10.838 acres ROW , Parcels—see last page 264A Attachment number 3 Page 1 of 6 ORDINANCE NO. 8272-11 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 1842 AND 1849 DIANE DRIVE, 1727 AND 1771 EL TRINIDAD DRIVE, 1717, 1718, 1736 AND 1741 EVANS DRIVE, 1728, 1736 AND 1746 GROVE DRIVE, 1705, 1712, 1716 AND 1746 LUCAS DRIVE, 1813 AND 1837 MARILYN DRIVE, 1818 AND 1837 SKYLAND DRIVE, 2738 TERRACE DRIVE, 1716, 1733, 1741, 1749 AND 1754 THOMAS DRIVE, TOGETHER WITH ALL RIGHT OF WAY OF EL TRINIDAD DRIVE EAST, WITHIN DIANE HEIGHTS REPLAT SUBDIVISION, ALL RIGHT OF WAY OF MORNINGSIDE DRIVE, WINWOOD DRIVE, AND EL TRINIDAD DRIVE EAST, WITHIN WINWOOD SUBDIVISION, ALL RIGHT OF WAY OF MARILYN DRIVE ABUTTING LOTS 2 THRU 6, BLOCK H, ALL RIGHT OF WAY OF SKYLAND DRIVE ABUTTING LOT 3, THRU THE NORTH 16 FEET OF LOT 8, BLOCK I, ALL RIGHT OF WAY OF DIANE DRIVE ABUTTING LOT 3, BLOCK J, THRU LOT 14, BLOCK I, AND LOTS 9 THRU 11, BLOCK J, ALL RIGHT OF WAY OF MORNINGSIDE DRIVE ABUTTING LOT 11, BLOCK J, INTERSECTION OF MORNINGSIDE DRIVE AND DIANE DRIVE, IN CARLTON TERRACE FIRST ADDITION, ALL RIGHT OF WAY OF EL TRINIDAD DRIVE EAST, ABUTTING LOTS 1 THRU 7, BLOCK 1, AND ABUTTING LOTS 11 THRU 18, BLOCK 1, ALL RIGHT OF WAY OF TERRACE DRIVE (PREVIOUSLY KNOWN AS EL TRINIDAD DRIVE NORTH), ABUTTING LOT 15, BLOCK 2, IN VIRGINIA GROVE TERRACE, ALL RIGHT OF WAY OF EVANS DRIVE ABUTTING LOTS 20 THRU 30, BLOCK 6, IN VIRGINIA GROVE TERRACE FOURTH ADDITION, ALL RIGHT OF WAY OF GROVE DRIVE ABUTTING LOT 27, BLOCK 2, AND ABUTTING LOT 6 THRU LOT 8, BLOCK 4, AND ABUTTING LOT 10, BLOCK 4, AND ABUTTING LOTS 12 THRU 15, BLOCK 4, ALL RIGHT OF WAY OF TERRACE DRIVE AS SHOWN ON THE SUBDIVISION PLAT, IN VIRGINIA GROVE TERRACE FIRST ADDITION, ALL RIGHT OF WAY OF LUCAS DRIVE ABUTTING LOT 1, BLOCK 6, AND ABUTTING LOT 29, BLOCK 5, AND ABUTTING LOTS 4 THRU 12, BLOCK 6, IN VIRGINIA GROVE TERRACE THIRD ADDITION, ALL RIGHT OF WAY OF THOMAS DRIVE ABUTTING LOTS 16 THRU 18, LOTS 20 THRU 25, AND LOT 27, BLOCK 4, AND ABUTTING LOT 5, BLOCK 5, AND ALL RIGHT OF WAY OF TERRACE DRIVE, ABUTTING LOTS 7 THRU 10, BLOCK 3, IN VIRGINIA GROVE TERRACE SECOND ADDITION, UPON ANNEXATION INTO THE CITY Ordinance No. 8272-11 Attachment number 3 Page 2 of 6 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 See attached legal description, Exhibit "A" (ATA2011-01001) Zoning District Low Medium Density Residential (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. 8270-11. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Rosemarie Call City Clerk Ordinance No. 8272-11 Attachment number 3 Page 3 of 6 Exhibit "A" LEGAL DESCRIPT�4NS ATA2011-Q1001 (Diane Area ATAs, Phase C) All Right of Way of Et Trinidad Drive East, within Diane Heights Re�lat subdivision, as recorded in Plat Book 90 0� Page 5, o� the Public Recards of Pinellas Co�nty, �'Iorida. . , -------------------------------------------------------------------------------------------------------------------------------------------- A[l Rigtit of Way of Morr�ingside Drive, Wiilwood Drive, and El Trir�idad Drive East, within Winwood subdivision, as recorded i�i Plat Book 113 on Pages 43 tkjxu 45, ofthe Public Records of Pinellas County, Florida. Parcel ID Address 05-29-16-13554-Q10-003Q I849 Diane Dr. OS-29-16-13554-009-0030 1837 Skyland Dr. OS-29-1b-13554-009-0170 i842 Diane Dr. OS-29-16-13554-008-Ofl20 1837 Marilyn Dr. OS-29-16-I3554-00&-0060 1813 Marilyn Dr. 05-29-16-I3554-008-0120 1818 Sicyland Dr. Lot 3, Block .T, Lots 3 and 17, Block I, Lots 2, 6, 12 and the North 34 Feet of Lat 11, Block H; together with: All Right of Way of Marilyn Drive abuttiu�g I.ots 2 tluu 6, Block H; together with: All Right of Way of Skyland Drive abutting Lot 3, thz-u tt�e North ].6 Ft. of Lot 8, Block I; togeLher with: A11 Aight of Way of Diane Drive abutting �.ot 3, Block J, tY�ru Lot 1�, Black I, and Lots 9 tliru 1 I, Block .1; together with: All Right of Way of Morningside Drive abutting Lot I 1, Bkock J; together with: Ali of the Ri�ht of Way at the intersection of Morningside Drive and Diane Drive; all the abo�e in Carlton Terrace Rirst Addi#ion subdivision, as recorded in Plat Book 43 on Page 39, of the Public Records of Pinellas County, Florida. Parcel ID Address OS-29-16-9432Q-OOi=�070 1727 �1 Trinidad Dr. OS-29-16-94320-001-0140 1771 El Trinidad Dr. Lots 7 and 14, Biock 1; together with; AIl Right of Way of El Trinidad Dri�e East, abutting iots 1 thru 7, Block l, and abutting Lots 11 tlu�u i 8, Block 1; together with: All Righ� of Way of Terrace Drive (previously known as El Trinidad Drive N.), abutting Lot 15, Biock 2; 7/1812�'E 1 11:22 AM Page 1 of 3 ATA2t391-03001-LEGAL DESCRIPTIQHS Phase C 25 parcels.docx Attachment number 3 Page 4 of 6 all the above in Virginia Grove Terrace subdivision, as recarded 'fn Plat Book 37 on Page 29, of the Public Records of Pinellas Caunty, Florida. � Parcei ID Address OS-29-16-94342-006-0200 1741 E�ans Dr. OS-29-Ifi-94342-006-0260 I7I7 Evans Dr. OS-29-16-94392-007-0060 Z7Z$ �vans Dr. OS-29- I G-94392-007-0100 1736 Evans Dr. Locs 20, 2G, and 27, Block 6, Lots 6 and !0, Block 7; togeti�er with: All Right of Way of Evans Drive abutting Lots 20 tluu 34, Bloc[c 6; ail thc z�ove ii5 �'is�b'snia G��o��e Tcrrace �'o��tlti Adct itio�i subdivision, as recorded in Plat Book 37 an Pa�e 75, of the Public Reeords af Pinel[as County, Fioricla. Parcel TiD Address 05-29-16-94338-004-0080 1728 Grove Dr. 05-29-16-94338-004-Q100 1736 Gro�e Dr. 05-29-16-94338-fl04-Oi20 174fi Grove Dr. Lot 24, Block 2, Lots 8, lfl, and 12, Block 4; together with: All Right of Way of Grove Drive abutting Lot 27, Block 2, and abutting Lots 6 thr� Lqt 8, Blocic 4, and abutting Lot I4, Block 4, and abutting Lots 12 tl�ru 15, Block 4; tagether witta: AI[ Right of Way of Terrace Drive as shown on the subdivision plat; all the a�ove in Virginia Gro�e Terrace First Addition subdivision, as recorcled in Plat Book 37 on Page 62, of the Pubiic Records af Pinellas County, F[orida. Parcei ID Address OS-29-16-94374-005-0240 1705 Lucas Dr. OS-29-16-94374-446-0040 I712 T�ucas Dr. OS-29-I6-94374-006-0054 1716 Lucas Dr. OS-29-t6-94374-006-0120 1746 Lucas Dr. Lot 29, Block 5, and Lots 4, 5 and 12, Biock 6; togekher with: All Righ� of Way of Lucas Drive abufting Lot i, Block 6, and abutting Lat 29, Block 5; and abutting Lots 4 tl�ru 12, Block 6; al! the abo�e in Virginia Gro�e Terrace Third Addition subdi�ision, as recorded in Plat Book 37 on Page 74, of the Public Records of Pinellas County, Florida. 7118l2Q11 11:22 AM Page 2 of 3 ATA2011-01001-LEGAL DESCRIPTIONS Phase C 25 parcels.docx Attachment number 3 Page 5 of 6 Pa rcel ID Add ress OS-29-16-94356-003-fl100 2738 Terrace Dr. OS-29-16-94356-004-(fL80 1749 Thomas Dr. OS-29-16-94356-004-0200 174i Thomas Dr. OS-29-16-9�356-004-0220 1733 Thomas Dr. OS-29-Ib-94356-OOS-0050 1716 Thomas Dr. OS-29-16-44356-005-0140 1754 Thomas Dr. Lot 10, Block 3, i,ats 18, 24, and 22, Block 4, Lots 5, 14, and 1 S, Block 5; together with: All Right of Way of Terrace Drive, abutting Lots 7 thru 10, Block 3; together with: All Ri�l�t of Way of Tfio�itas Drive abutting Lois 1G tlu-u E8, Lots 20 tl}ru 25, and Lot 27, Block 4, and abutting Lot 5, Block 5; alE tiie above in Virginia Grove Terrace Second Addition subdivision, as recorded in Plat Book 37 on Page 73, of the Public Records of Pinellas County; Florida. 7/18/2011 91:22 AM Page 3 of 3 ATA2011-0'i001-LEGAL DESCRiPTIONS Phase C 25 parcels.docx Attachment number 3 Page 6 of 6 Owner MULTIPLE OWNERS Site From To: ZONING MAP Case: ' ATA201 1-01 001 DIANE AREA PHASE C: Multiple lots south of Sunset Point Property Size (Acres): Road, east of US 19 and north of SR 590 (see next page) Rights-of-way (Acres): Land Use RL, P (County) RL, Drainage Feature Overlay (City) Zoning R-3 (County) LMDR (City) PIN: Atlas Page: 25 PARCELS @ 4.94 acres + 10.838 acres ROW , Parcels—see last page 264A Attachment number 4 Page 1 of 13 Owner MULTIPLE OWNERS Site From To: LOCATION MAP Case: ' ATA201 1-01 001 DIANE AREA PHASE C: Multiple lots south of Sunset Point Property Size (Acres): Road, east of US 19 and north of SR 590 (see last page) Rights-of-way (Acres): Land Use RL, P (County) RL, Drainage Feature Overlay (City) Zoning R-3 (County) LMDR (City) PIN: Atlas Page: 25 PARCELS @ 4.94 acres + 10.838 acres ROW Parcels—see last page 264A Attachment number 4 Page 2 of 13 ` � �- � ` � , _ � � }.. , ., , . ,, , . � . . • , �'' a . ,� �, 4ly � "b � � �� ,� 0 1� �,,,, �"�+'� _ � � � �� ';� �` �� '� ' ;�'�� ` � � 8 'w., • � � �WOODRI'NG � ;� • ' • ' "� �'; �° �...-5., �_.;_,-s��i;4 �—k',i.' 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'�� .•Alr� w� �� + �'r,; � _ i _ � � :,� ` 59� ' ' � £ . , AERIAL MAP Owner MULTIPLE OWNERS Case: ' ATA201 1-01 001 DIANE AREA PHASE C: Multiple lots south of Sunset Point Property Size (ACres): 25 PARCELS @ 4.94 acres Slte: Road, east of US 19 and north of SR 590 (see last page) Rights-of-way (Acres): +10.838 acres ROW Land Use Zoning PIN: Parcels—see last From: RL, P(County) R-3 (County) page To: RL, Drainage Feature LMDR (City) Overlay (City) Atlas Page: 264A Attachment number 4 Page 3 of 13 PROPOSED ANNEXATION MAP Owner MULTIPLE OWNERS Site From To: Case: ' ATA201 1-01 001 DIANE AREA PHASE C: Multiple lots south of Sunset Point Property Size (Acres): Road, east of US 19 and north of SR 590 (see last page) Rights-of-way (Acres): Land Use RL, P (County) RL, Drainage Feature Overlay (City) Zoning R-3 (County) LMDR (City) PIN: Atlas Page: 25 PARCELS @ 4.94 acres + 10.838 acres ROW Parcels—see last page 264A Attachment number 4 Page 4 of 13 Owner MULTIPLE OWNERS Site From To: FUTURE LA ND USE MA P Case DIANE AREA PHASE C: Multiple lots south of Sunset Point Property Size (Acres): Road, east of US 19 and north of SR 590 (see last page) Rights-of-way (Acres): Land Use RL, P (County) RL, Drainage Feature Overlay (City) Zoning R-3 (County) LMDR (City) PIN: Atlas Page: ATA201 1-O 1001 25 PARCELS @ 4.94 acres + 10.838 acres ROW Parcels—see last page 264A Attachment number 4 Page 5 of 13 Owner MULTIPLE OWNERS Site From To: ZONING MAP Case: ' ATA201 1-01 001 DIANE AREA PHASE C: Multiple lots south of Sunset Point Property Size (Acres): Road, east of US 19 and north of SR 590 (see last page) Rights-of-way (Acres): Land Use RL, P (County) RL, Drainage Feature Overlay (City) Zoning R-3 (County) LMDR (City) PIN: Atlas Page: 25 PARCELS @ 4.94 acres + 10.838 acres ROW Parcels—see last page 264A Attachment number 4 Page 6 of 13 EXISTING SURROUNDINGS USES Owner MULTIPLE OWNERS Site From To: Case: ' ATA201 1-01 001 DIANE AREA PHASE C: Multiple lots south of Sunset Point Property Size (Acres): Road, east of US 19 and north of SR 590 (see last page) Rights-of-way (Acres): Land Use RL, P (County) RL, Drainage Feature Overlay (City) Zoning R-3 (County) LMDR (City) PIN: Atlas Page: 25 PARCELS @ 4.94 acres +10.838 acres ROW Parcels—see last page 264A _ � �- . � - i � i s� � - � =!r �S i . � Q ' � E * M(lTdCE' _y , . 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'�. .�y.a.r�� v�� y �1s }.' �4 ti y � ��'� � " � �`-i � ' � . " .: n �i�■ .. 'rt �� ;�� . „� p�;' ? ' 3 �f ��'��r.- • � t ��;` '�,. m, t: � � y ±, �r � � � i_.� _ „ Y . . ,. � �"�`� �� , `' r� a � � L ; . � •"` � '�,.� . ' � �� ' �� :e�� . � �`.� y� . � _ i ,� -. 1i :�7� �_ �I � .r . t � V � � �.. 0 s. - ;-- ^�� i sv.�. �,... �� , "�,.- r � � � ' `� �� a, Attachment number 4 Page 13 of 13 PIN (Address): 1. OS-29-16-13554-009-0170(1842 Diane Dr.) 2. OS-29-16-13554-010-0030 (1849 Diane Dr.) 3. OS-29-16-94320-001-0070 (1727 El Trinidad Dr.) 4. OS-29-16-94320-001-0]40 (1771 El Trinidad Dr.) 5. OS-29-16-94392-006-0260 (1717 Evans Dr.) 6. OS-29-16-94392-007-0060 (1718 Evans Dr.) 7. OS-29-16-94392-007-0100(1736 Evans Dr.) 8. OS-29-16-94392-006-0200 (1741 Evans Dr.) 9. OS-29-16-94338-004-0080 (1728 Grove Dr.) 10. OS-29-16-94338-004-0100 (1736 Grove Dr.) 11. OS-29-16-94338-004-0120 (1746 Grove Dr.) 12. OS-29-16-94374-005-0290 (1705 Lucas Dr.) 13. OS-29-16-94374-006-0040 (1712 Lucas Dr.) 14. OS-29-16-9�4374-006-0050 (1716 Lucas Dr.) 15. OS-29-16-94374-006-0120 (1746 Lucas Dr.) l6. OS-29-] 6-13554-008-0060 (1813 Marilyn Dr.) 17. OS-29-] 6-13554-008-0020 (1837 Marilyn Dr.) l 8. OS-29-16-13554-008-0120 (l 818 Skyland Dr.) 19. OS-29-16-13554-009-0030 (1837 Skyland Dr.) 20. OS-29-16-94356-003-0100 (2738 Terrace Dr.) 21. OS-29-16-94356-005-0050 (1716 Thomas Dr.) 22. OS-29-16-94356-004-0220 (1733 Thomas Dr.) 23. OS-29-16-94356-004-0200 (1741 Thomas Dr.) 24. OS-29-16-94356-004-0180 (1749 Thomas Dr.) 25. OS-29-16-94356-005-0140 (1754 Thomas Dr.) Work Session Council Chambers - City Hall Meeting Date:8/15/2011 SUBJECT / RECOMMENDATION: Approve ihe First Amendment to a Development Agreement between Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. (the property owners) and the City of Clearwater as per Community Development Code Section 4-606 and adopt Resolution 11-15. SUMMARY: The 30.07-acre subject property is located on the west side of S. Belcher Road between Gulf-to-Bay Boulevard and Druid Road. The subject properry is proposed to be redeveloped with two parcels. The northern parcel (Parcel 1) comprises 11.637 acres, while the southern parcel (Parcel 2) comprises 18.435 acres. On March 18, 2010, the City Council approved a Development Agreement on the subject property (DVA2009-00005). This Agreement allowed for a maximum of 90,000 square feet of retail sales and restaurant use floor area on Parcel 1(FAR of 0.178), and a maximum of 243 dwelling units on Parcel 2(13.181 dwelling units per acre). With regard to Parcel 1, the First Amendment to the Development Agreement proposes only to change the type of uses permitted. The ariginal Development Agreement was limited to retail and restaurant uses, whereas the proposed Amendment would include retail sales and service, office, automobile service station and restaurant. With regard to Parcel 2, there are no changes between the original Development Agreement and the proposed Amendment. The proposed Amendment includes all condirions of DVA2009-00005 (including the transpartarion obligations). The proposed Amendment will amend the previously approved Development Agreement as follows: Reflects the new site plan for Parcel 1. Replaces the statement that 495 parking spaces have been provided on Parcel 1 with the statement that parking is being provided at specific ratios per use. It is noted that each of these ratios is what is required by Code for each use. Requires that the Transportation Obligations related to Parcel 1 be completed prior to issuance of a certificated of occupancy for Parcel 1, and that the Transportation Obligations related to Parcel 2 be completed prior to the issuance of a certificate of occupancy for Parcel 2. The Community Development Board reviewed this Amendment at its public hearing on July 19, 201 l, and unanimously recommended approval (DVA2011-04001). Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant Ciry Manager 5) City Manager 6) Clerk Cover Memo Attachment number 1 ^ �/� Page 1 of 7 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT {"Agreement"} is dated 2011, and entered into among NICKEL PLATE PROPERTIES, INC., a Florida corparation, and LAKESIDE ENTERPRISES, L.L.C., a�'lorida limited liability company, thei� successors and assigns (collectively, "Deveioper"}, and the CITY OF CLEARWATER, FLORIDA, a politicai subdivision of the State af Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, Sections 163.3220 - 1633243, Florida Statutes, which set forth the Florida Local Government Develapment Agreement Act ("Act"), authorize the City to enter into binding deveiopment agreements with persons having a legal or equitable interest in real property located within the cor}�orate Iimits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code {"Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, the Developer owns approximately 30.07 acres of real property located at 2165 Gulf-to-Bay Boulevard {"Property") in the corporate limits of the City, which is camprised of two parcels hereinafter referred to as "Parcel 1" and "Parcel2" as more particularly described on Exhibi� "A" attached hereto and incorporatec� herein; and WHEREAS, on March 25, 2010, the Developer and the City entered into that certain D�velaprnent Agreement recarded in Official Recard Book 16874, Page 2344, in the Public Records of Pinellas County, Florida, which Development Agreement is hereby incorparated by reference ("Development Agreement"}; and WHEREAS, the City previous granted a rezoning of the Parcel 1 property to Commercia� ("C") and a land us� pIan amendment to Residential Of#ice Retail {"ROR"}; and WHEREAS, the Community Development Board {"CDB"} appraved the ParceI 1 Plan as FLD2009-12046 on February 16, 2010, both conditioned upon the approval and execution of the Development Agreement; and WHEREAS, Developer desires ta aznend the Parcel 1 Plan, as more specif caliy set farth herein; and WHEREAS, the CDB approved the Amended Parcel 1 PIan (Case No. FLD2011-04008) on {ihe "Amendec� Parcel 1 Plan"), conditioned upon the approval and execution of the Develapment Agreement by the City Council; and OR� RECEIVED _ u.�„ d 6 �� IMINING DEPAI�ThAEM ��. w. ..� �+�rq�s►TGl! �` Attachment number 1 /� Page 2 of 7 WHEREAS, at a duly ca�led and advertised mee#ing an 2011 the City Council approved this Agreement and authorized and directed its execution byy the appropriate aff cials of the City; and WHEREAS, Develaper has approved this Agreement and has authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration af and in reliance upon the premises, the mutual covenants contain.ed herein, and other good and valuable consideration, the receipt and sufficiency of which aze hereby acknowledged, the parties hereto intending to be legally �aund and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and carrect and are a part of this Agreement. SECTION 2. Inco oration of the Act. This Agreement is entered into in compiiance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that ar� defined in the Act or the Development Agreement shall have the same meaning in this Agreement a.s in �he Act or Development Agreement. SECTION 3. Amendment of Parcel I Plan. The City Council hereby approves the amendment of the Parcel 1 Plan to reflect the Amended Parcel 1 Plan attached hereto as Exhibit "B" and incorporated herein by reference. AlI references in the Development Agreement to the Parcel 1 P�an shall be amended to refer to the Amended Pareel 1 Plan. SECTION 4. Parkin�. Section 4.2 of the Development Agreement is hereby amended to change the number of parking spaces included on Parcel 1 to 5 parking spaces per 1,000 square feet for retail development (5/1,000), � parking spaces per 1,000 square feet for office development (4/i,400}, 5 parking spaces per 1,OOQ square feet for autamobile service station development (5/1,000) and 15 parking spaces per 1,000 sq�are feet for restaurant development (15/1,Q00). Nothing in this Agreement shall prevent the parties fro�n agreeing to "cross-parking" among the autparcels. SECTION S. Trans ortation Obli ations. Section 6.1.3.3 of the Development Agreement is hereby amended to provide that the Transportation Obligations (as defined in t�e Development Agreement) related to Parc�l 1[§ 6.1.3.3 (i-viii}] shall be compieted prior to tha issuance of a certif cate of occupancy for Parcel 1 and the Transportation Obligations retated to Parcel 2[§ 6.1.3.3 {ix)] shaIl be completed prior to the issuance of a certificate of occupancy far Parcel2. , ., C �►� . .,� �. .i�.�i. 0 B 2�11 2 �lAMN4NG DEPARiMEN[i Cn1f OF Ci.EAftWAiER �� Attachment number 1 r� Page 3 of 7 SECTION 6. Ratificatio�. Except as specifically modified herein, alI terms, conditions and abligations contained in the Development Agreement shall remain in fizll force and effect and are reaffirmec� by the parties hereto. [Signature Pages and Ea�chibits to Follow] •• r ' �ti .. .�'� � � ZU�� {�H+NNG D�PARTMEM Ct1Y Of CLEA[tWA�R � �� Attachment number 1 Page 4 of 7 IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. WITNESSES: NICKEL PLATE PROPERTIES, INC., a Florida corporation Printed Name: Pririted Name: Printed Name: Printed Name: Printed Name: Printed Name: : Anctrew B. Ingersoll President LAKESIDE ENTERPRISES, L.L.C., a Florida limited liability company �: Andrew B. Ingersoil Manager CITY OF CLEARWATER, FLORIDA By: William B. Horne TI, City Manager Attest: Cynthia E. Goudeau, City Clerk Co�xntersigned: Frarik V. Hibbard, Mayor Approved as to Form: LesIie K. Dougall-Sides Assistant City Attorney 4 01�W. R� . w:. 0 � 2011 �NG RHPARiMEM CIIY OF CLFARWAITER � Attachment number 1 �1 Page 5 of 7 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing inst.�ument was acknow�edged before me this_day af Andrew B. Ingersoll, as President of NICKEL PLATE PROPERTIES, corporation, on behalf of the corporation. He is � personally known t produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS , 2011, hy INC., a Florida a me or has The foregoing instrument was acknowledged before me this day of , 2011, bY Andrew B. Ingersoll, as Manager af LAKESIDE ENTERPRISES, L.L.C., a Florida limited liability company, on beha�f of the company. He is � persona�ly l�own to me or has produced as identification. Notary Pubiic Print Name: STATE OF FLORIDA CQUNTY OF PINELLAS The foregoing instnunent was acknowledged before me this �day of , 2011, by WILLIAM B. HORNE, II, as City Manager af the City of Clearwater, Florida, wha is personally knawn to me or who ^ produced as identificatian. Exhibit A Exhibit B 045497.116337 t�559612 Notary Public Print Name: Parcel 1 and Parcel2 Description Amended Parcel 1 Plan 5 � sut� � � �a1� M �� r� Attachment number 1 Page 6 of 7 EXHIBiT "A" LEGAL DESCRIPTION: Pazcel 1 That part of the NW I/4 of the NE 1/4 of the SE 1/4 of Sec�ian 13, Township 29 South, Range 15 East, described as follQws: Beginning at a point on the Nortr� boundary of said quarter section, �acated 475.6 feet a�ong saic� boundary, from th� Northwest corner of said NE 1/4 of SE 1/4 thence continuing East along said houn�ary, 195.D7 feet more or less to the NE corner af NW 1/4 af NE t/4 of SE 1/4; thence South a�ong the East boundary of the NW 1/4 of NE 1/4 of SE 1/4, 667.98 feet, more or 2ess to the Southeast carner of said NW 1/4 of NE 1/4 of SE 1/4; thence run West a�ong the South boundary of said NW 1/�4 of NE I/4 of SE 1/4, 206.2 feet, more ar less to the Southeast corner af a tract conveyed to C.D. Walke� ar�d Wife Grace F. Walker, by deed recorc�ed in Deed Record � 01 b, Page 329, public records af Pinellas County, Florida and thence North along the East baundary of said Walker tract, 667.6 feet more or less to the Point of Beg'�g. Parcel2 The Northeast quarter {NE 1/4) of the Northeast quarter (NE 1/4} of the Southeast quarter (SE 1/�4) and the South ane-half (S 1/2) of the Northeast quarter (NE I/4) of the Southeast quarter (�E 1/4} of Section 13, Towr�ship 29 South, Range 15 East, SUBIECT HOWEVER to the right of way of the public thorough#'are known as Gulf to Bay BouIevazd over the North fifty (50) feet of said Northeast quarter (NE �/�}} of #1ie Northeast quarter (NE 1/�1) of Sautheast quarter (SE 1/4) and the SQUth ffty (50) feet of said Northeast quarter (NE 1/4) of said Southeast quarter {SE l/4) and the South fifty (50) feet of said Northeast quarter (NE 1/4) of said Southeast quarter (SE 1/�) for right �f way of Dri.tid Road (County Road No. 2$} and that part of said Northeast quarter {NE 1/4) oiSoutheast quarter (SE 1/4) described in 4.R. Book 45b4, Pages 154, 155 and 156, for right of way af Belcher Road (County Road No. 2$), all lying and being in Pinelias County, Fiorida. � �ut o � 2a11 � � ��R'�R �� Attachment number 1 Page 7 of 7 EXHIBIT B Amen�ed Parcel 1 Plan {attached} .•,r « �� _ � _ '� 6 io�� M,ANI+q1aG D�PARTMENi Ct�Y OF CL�ARWATER 4 Z—�— snunv � s �� E = �, '� � �� ; \� � �� _� a �� '' �'. Attachment number 2 Page 1 of 1 - ...� �...�.�... w,..n �, .�.� .� .�»„ ,� .�..� � , �� § ��:i�;; : � ��ii �p�4 � � �� Q�� i�� ° �i � 5�y �� , �g �. � � � lYl3 BkL3g' �p �� '� ` ' � o � dd � �l�� y� 4� �. � � € Fa j Y�� „ 4��g �� .. .� ta�se e��s . s� Si g�E � Np� E �g j � @ g � !$; � � � � � �� $° � � !�G�g � g �q � � �� %� !� � � e � i� R�i � � 8 6 �i Af E � � �� ! � !� § s � � �6 ��tlC ��11 � � �� i��lL1� � � � �� i � k 5 � �€ a i � � a�� Y1 I. t, s J � � ��6 � � i ��g � � � � � e c k „ � �� !� �� E �� 4� �! �k 5! 51 � �E� �E � a m d H 4 rc � w a ° � � rc� � a. N w� cJ� t °z . a d� z 0 a� � _ b N ¢ W V Q y i J � F J Y � 6C Ly 3 , � u � . � ¢F3 � �� } �� j �' ae r- g sx gn 3� � .` � j� 2� �� JUL 462fl11 �� CDB Meeting Date Case Number: Agenda Item: Owners/Applicants Representative: Address: Attachment number 3 Page 1 of 4 July 19, 2011 DVA2011-04001 (Related to FLD2011-04018/PLT2011-04002� E. 1. (Related to D. 1.� Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. E.D. Armstrong III, Esquire, Johnson, Po�e, Bokor, Ruppel & Burns, LLP 2165 Gulf-to-Bay Boulevard CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review of, and recommendation to the City Council, of an amendment to the Development Agreement between Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. (the property owners) and the City of Clearwater as per Community Development Code Section 4-606. ZONING DISTRICT: Commercial (C) FUTURE LAND USE PLAN CATEGORY: Residential/Ofiice/Retail (R/O/R) PROPERTY USE: Current: Vacant (former mobile home parks) Proposed: Retail Sales and Services, Office, Automobile Service Station and Restaurant uses of up to 90,000 square feet of floor area (0.20 Floor Area Ratio) EXISTING SURROUNDING ZONING AND USES: North: Commercial (C) District Retail Sales uses and Automobile Service Station South: Low Medium Density Residential (LMDR) District Detached Dwellings East: Commercial (C) and Office (0) Districts Retail Sales uses and Office uses West: Commercial (C), Medium Density Residential (MDR) and Low Medium Density Residential (LMDR) Districts Automobile Sales and Detached Dwellings ANALYSIS: Site Location and Existing Conditions: The 30.07 acres is located on the west side of S. Belcher Road between Gulf-to-Bay Boulevard and Druid Road. The subject property was previously developed with mobile home parks (all mobile homes and common facilities have been removed or demolished). The subject property has approximately 820 feet of frontage along Gulf-to-Bay Boulevard, approximately 1,225 feet of frontage along S. Belcher Road and approXimately 1,30] feet of frontage along Druid Road. Properties to the north of the subject property across Gulf-to-Bay Boulevard are zoned Commercial (C) District and are developed with retail sales uses (Albertson's, vacant bank and a vacant K-Mart) and an automobile service station at the northwest corner of Gulf-to-Bay Community Development Board — July 19, 2011 DVA2011-04001 — Page 1 of 4 Attachment number 3 Page 2 of 4 Boulevard and S. Belcher Road. Properties to the east across S. Belcher Road are zoned Commercial (C) District and Office (0) District and are developed with the Publix shopping center, bank, funeral home and offices. Properties to the south across Druid Road are zoned Low Medium Density Residential (LMDR) District and are developed with detached dwellings. Properties to the west of the subject property are zoned Commercial (C) District, Medium Density Residential (MDR) District and Low Medium Density Residential (LMDR) District. The property adjacent to the west of the northern portion of the subject property is developed with an automobile sales dealership. Detached dwellings are adjacent to the west of the southern portion of the subject property. At its meeting of February 16, 2010, the Community Development Board (CDB) recommended that the City Council approve a Development Agreement between Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. (the property owners) and the City of Clearwater. This Development Agreement (DVA2009-00005), which was approved by the City Council at its meeting of March 18, 2010, allowed for the development of the northern portion of the subject property to be developed with a total of 82,999 square feet of commercial floor area (70,212 square feet of retail sales uses and 12,787 square feet of restaurant uses) and the southern portion of the subject property to be developed with 243 attached dwellings. Development Proposal: Prior to the approval of DVA2009-00005 by the City Council, cases FLD2009-12045 (southern parcel — residential) and FLD2009-12046 (northern parcel — commercial) were approved. A new proposal has been submitted for the northern parcel (commercial), this is the companion Flexible Development application (FLD20011-04018). This application proposes to develop the northern portion of the subject property with 40,000 square feet of retail sales and service use, 5,559 square feet of automobile service station use, 4,200 square feet of office use (bank) and 9,400 square feet of restaurant uses (total commercial floar area of 59,159 square feet). The southern portion of the subject property has been approved to be developed with 243 attached dwellings (FLD2009-12045) and no changes are proposed to that site. This amended Development Agreement contains provisions for both the northern and southern portion. The Residential/Office/Retail (R/O/R) land use plan category for the northern portion of the subject property permits a maximum floor area ratio (FAR) of 0.40. Based on the lot area (506,892 square feet; 11.637 acres) and the maximum FAR, the northern portion could be developed with a maximum of 202,756 square feet of nonresidential floor area. The Development Agreement proposes a maximum of 90,000 square feet of retail sales, office, automobile service station and restaurant development floor area at a FAR of 0.117. It is noted that the Development Agreement permits a larger amount of nonresidential floor area (90,000 square feet) than that actually proposed under the companion Flexible Development application (FLD2011-04018; 59,159 square feet), which gives some flexibility for future amendments to the Flexible Development application without needing to amend the Development Agreement. Development Agreement: The purpose of this amendment is to establish new developable square footage for retail sales and services use, office use, automobile service station use and restaurant use. This proposed Community Development Board — July 19, 2011 DVA2011-04001 — Page 2 of 4 Attachment number 3 Page 3 of 4 amendment to the existing Development Agreement (recorded in O.R. Book 16874, Page 2344), does not change the duration limit of ten (10) years and includes the following main provisions: ❑ Amends Section 6.1.33 of the agreement to provide that Transportation Obligations related to the northern portion shall be completed priar to issuance of a certificated of occupancy for that portion and the Transportation Obligations related to the southern portion be completed prior to the issuance of a certificate of occupancy for that portion; ❑ Amends Section 4.2 of the agreement to change the number of parking spaces included on the northern portion to five (5) parking spaces per 1,000 square feet for retail sales and services, fifteen (15) parking spaces per 1,000 square feet of restaurant uses, four (4) parking spaces per 1,000 square feet of office use and five (5) parking spaces per 1,000 square feet of automobile service station use (based on a shared parking calculation) and allows cross parking among parcels; and ❑ Amends Section 3 of the agreement to reflect the new site plan for the northern portion (Parcel 1). The Community Development Board (CDB) has been provided with the most recent Development Agreement. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efiicient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of June 2, 2011, and deemed the development proposal to be legally sufficient to move forward to the CDB, based upon the following: Findings of Fact: The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 30.07 acres is located on the west side of S. Belcher Road between Gulf-to-Bay Boulevard and Druid Road; 2. That the land use plan category for the northern portion of the subject property is Residential/Office/Retail (R/O/R) category, and the zoning is Commercial (C) District; and the land use plan category the southern portion of the subject property is Residential Medium (RM) category, and the zoning is Medium Density Residential (MDR) District; 3. That the Residential/Office/Retail (R/O/R) land use plan category for the northern portion of the subject property permits a maximum floor area ratio (FAR) of 0.40; and 4. That the purpose of this amended Development Agreement is to restrict the development potential to less than the maximums allowable. Community Development Board — July 19, 2011 DVA2011-04001 — Page 3 of 4 Attachment number 3 Page 4 of 4 Conclusions of Law: The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the Development Agreement implements and formalizes the maximum requirements for the construction of on-site and off-site improvements under the related site plan proposal (FLD20l 1-04018); 2. That the Development Agreement complies with the standards and criteria of Section 4-606 of the Community Development Code; 3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan. Based upon the above, the Planning and Development Department recommends the APPROVAL, and recommendation to the City Council, of a Development Agreement between Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. (the property owners) and the City of Clearwater as per Community Development Code Section 4-606, for the property at 2165 Gulf-to-Bay Boulevard. Prepared by Planning and Development Department Staf£ A. Scott Kurleman, Planner III ATTACHMENTS: ❑ Development Agreement with Exhibits ❑ Location Map ❑ Aerial Map ❑ Land Use Plan Map ❑ Zoning Map Community Development Board — July 19, 2011 DVA2011-04001 — Page 4 of 4 Attachment number 4 Page 1 of 1 RESOLUTION NO. 11-15 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND NICKEL PLATE PROPERTIES, INC AND LAKESIDE ENTERPRISES, L.L.C.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and Nickel Plate Properties, Inc. and Lakeside Enterprises, LLC, entered into a development agreement dated March 25, 2010 and recorded on April 2, 2010; and WHEREAS, the City of Clearwater is desirous of amending the Development Agreement with Nickel Plate Properties, Inc and Lakeside Enterprises, L.L.C.; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The First Amendment to the Development Agreement between the City of Clearwater and Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C., a copy of which is attached as Exhibit "A," is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the amendment to Development Agreement to the state land planning agency no later than fourteen (14) days after the First Amendment to Development Agreement is recorded. PASSED AND ADOPTED this Approved as to form: Leslie K. Dougall-Sides City Attorney day of Frank V. Hibbard Mayor Attest: Rosemarie Call City Clerk 2011. Resolution No. 11-15 Work Session Council Chambers - City Hall Meeting Date:8/15/2011 SUBJECT / RECOMMENDATION: Recommend Jason Gibertoni to serve on the Citizens Advisory Committee to the Metropolitan Planning Organization (MPO). (consent) SUMMARY: There is a vacancy on the Metropolitan Planning Organization's Citizens Advisory Committee. The City Council provides a recommendation and the MPO makes the official appointment. Mr. Gibertoni is willing to serve on the Committee. Review Approval: 1) Clerk Cover Memo Attachment number 1 Page 1 of 2 CITY OF CLEARWATER - APPLICAT1tJN FOR AQVISORY BOARDS (must be Clearwater resident) ��'��; Name:, .�rn3c�� t�ic ��; �� , �, hn�, Home Address: Office Address: � a e�� 4 �q�... Q�� 3 � �� s!.��°� �,<��.� ��-; �-- �a r�,r ws��- tr � �.ac�-, �V Zip �� Zla Telephone: Ceil Phone: ��.. l��- �d� —�' ��.� How long a resident of Ciearwater? R�..,. � dni-i-, � Occupation: M� �.��.�-��A�r t�ra! ��- Field of Education: P C) i 4�- t CS3.�� t t Q, �i C. �� c�. c?-t� ��--. £.. n� <. �.'C C �- 4. C�'i � ( �? If retired, former occupation: Telephone: E-maii Address: Employer: � t�� i a�. � � z e- R', .\ e..r ___ Other Work Experience: ._T �,N, �.� �,� C- �,. t.. V� i�' J T i�.. �' P t w �S' a Communi�yActivities �,t,�.�,r p� r�-� 1� �,w �"��k.�.�� ec €.�-�'� r,� �-c�w,.,..;-}�-te�j�.3��.�1,C(,U bi� / -,. l.._. �,+tl�. r�,r -�, �- -x r { t� .1� ., c� P fy, -�-� R s r� o�..� s Other Interests: �3 i i.k.;-,�,, �-�-a•,� �L,s� �'�.��c i3 -� .�a��.. �r �t �.rt... Board Service {current and past): Board Preference: �� a� 1 d� �= V t,"t� S C i»,. h,>�'S $ 2:��T a�n.ptl��».,.i �' z-atS.;-��,,,�•�, 1 T 1.c t' /�3' � c�'J 1�a�`� �'U `v1h�i �'"�` i� �'� , t�w �t�,�,�r �ec.�o�`J� ��..,. �: ��-s.�� 1�,Ur w��-�t 13��t� Additianal Comments: � � „wz� �' �� 1► �. s C..c� t�. -,�-� � � � �1 t�t�-�-�� ,�y�� C�1 i�,� J.,V a�i �j ;}� tr f� n� �d.112 �.� � i �%t., �'-� h�' � C Z � i n�t. �� r�.! � C'c.J� t 1 ,� � V L P i.l � "�' ?^-`.., 2 S Signed. �� -- Date: � � See attached list for bo�rds #hat require financia! disclosure at time of appointment. Piease return this applica#ion and board questionnaire to #he O�cia! Records & �egislatiue Services Departmen#, P. �, Box 4748, C{earwa#er, FL. 33758-474$, or drop off your application at Ci#y Hall, 2nd Ftoor, 1'I2 S_ Osceala Avenue. � BOAFtD QUESTIONNAlRE 1. What is your understanding of the board's duties and responsibifities? � .�,� � ✓ L. � � � "� T ' } `.^' V /"� � � � � � �'i� �.J�'i t-�'� ii Y� � � � Y3 d � � r � � c� ;x.�- r s '�" � 'r i..,� w:: � r� .-. -� �f' � �s i � �, � � �r C� -� �. ; �- ; -� � r1 fi � Gi�.�� _ Attachment number 1 Page 2 of 2 2. Have you ever observed a board meeting either in person or on C-View, the Ci#y's N station? . 1�., J' , Z i-.c►., ! i, C�.-�-�-'�t. � J Z� �� Z (� ,"t � �'i" C d, n. ,� �'^� c:J�,+n• t 3' � � 3. What background and/or qualifications do you have that you feel would quaiify you to serve on this Board? �- � �.t! { i �i � t � i -1, ��'�'-� � � � = -� �, ��-- �� `�v � ,1-� v � �, �! -t r�, c � , � r cl• v t. � ; n�t cA � � � V -t r �` �1 w, � r �; �>•y � --� �% p ��1^� (�. �1 t�r'\ U'�'\ � -s n "r � c) � ,_,,, �h:.�V 2 C,� �l 2 r � t � �'c) �� i� CA r �r « r n �r �, � r � �U �1� ��, J�-n U f. � v� �� t �,3 � a�> � f-�* �2. �� c� ��' r� � �, -� + r� �� 2, a s U� �� f, -�- 4,, � � S�� a t �'�' (�'1 �? 5i � 51 �'C3*'. 4. UVhy do you want to serve on this Board? �a � �. J y � �t � �" C� �, a \1 i '� � � c� �"� t s �t � � cs. s � C:3 �. � �' � 1 ( S` '� 1-� �t. � 2 n t' e s =t- � � t7,n =� \nr .r h � 2 � �c� t�l � 2. �'r1�1 1 C) �A t^ -�'.��v.f 2 � U� 7 f�~ t` v. r�` S c� � Ch �, �� t`ci�,�� s i*.�-.c3� �- i c3 -� c� �\J -�. � t� U� Z'� �' 3� , Name: � cas��, �_,�, �r�-��,; Board Name: C� i -�- i � � �- � � �, ; r s-z�.-�� . �� ,, w„ � � Work Session Council Chambers - City Hall Meeting Date:8/15/2011 SUBJECT / RECOMMENDATION: Amend sections of the Clearwater Code of Ordinances relating to regulation of weapons, including firearms, and pass Ordinance 8275- 11 on first reading. SUMMARY: The Florida Legislature recently adopted House Bill 45, amending Section 790.33, Florida Statues, effective October 1, 201 l, to sirongl} express the State's preemption in Chapter 790, Florida Statutes, of the "whole field of regulation of firearms and ammunition" to include purchase, sale, transfer, taxation, manufacture, ownership, possession, storage and transportation thereof. The law makes "[a]ny person, county, agency, municipality, district, or other entity that violates the Legislature's occupation of the who] field of regulation of firearms and ammunition ... by enacting ar causing to be enfarced any local ardinance ... impinging upon such exclusive occupation of the field" liable for damages. If the court determines that a violation of Section 790.33, Florida Statutes, was knowing and willful, the court must assess a civil fine of up to $5000 against the elected or appointed local governmental official or administrative agen head under whose jurisdiction the violation occurred. Mareover, public funds cannot be used to defend ar reimburse any person found to have knowingly and willfully violated the law; and a knowing and willful violation by a person acting in an official capacity or otherwise under color of law who enacts or enforces a local ordinance prohibited by Section 790.33, shall be cause for termination of employment or contract or removal from office by the Governor. Finally, any person or organization whose membership is adversely affected by "any ordinance, regulation, measure, directive, rule, enactment, order, ar policy promulgated or caused to be enforced in violation" of the law can file a lawsuit seeking declaratory and injunctive relief and for actual damages up to $100,000, including attorney's fees and costs. Chapter 790, Florida Statutes, currently contains numerous sections regularing the use and possession of firearms in public places. Far example, Section 790.15 prohibits a person from knowingly discharging a firearm in any public place, on or over ihe right-of-way of any paved public road, highway, ar street, and over any occupied premises; and Section 790.06 authorizes the issuance to individuals of licenses to carry a concealed firearm in public except in those locations enumerated in the statute, such as police stations, jails, courthouses, polling places, meetings of governing bodies, schools, professional athletic events, airpart passenger terminals, and the portion of alcoholic beverage establishments primarily devoted to the consumption of alcoholic beverages on the premises. Additionally, the Florida Attarney General has opined in AGO 2005-40 that local governments are preempted by Section 790.33, Florida Statutes, from imposing regulations pertaining to ihe discharge of firearms because such activiry is regulated by Section 79015, Flarida Statutes. Therefore, because the Clearwater Code of Ordinances contains numerous sections that also regulate the discharge and possession of firearms, those sections must be amended to avoid a conflict with Section 79033, Florida Statutes. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Attachment number 1 Page 1 of 5 ORDINANCE NO. 8275-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA RELATING TO THE DISCHARGE, SALE, AND POSSESSION OF WEAPONS, INCLUDING FIREARMS; AMENDING SECTIONS 8.08, 15.07(3), 21.06, AND 22.39, CLEARWATER CODE OF ORDINANCES, TO ELIMINATE ANY REGULATIONS PERTAINING TO FIREARMS THAT WOULD BE CONTRARY TO SECTION 790.33, FLORIDA STATUTES (2011); PROVIDING AN EFFECTIVE DATE. Whereas, the Florida Legislature recently adopted House Bill 45, amending Section 790.33, Florida Statues, effective October 1, 2011, to strongly express the State's preemption in Chapter 790, Florida Statutes, of the "whole field of regulation of firearms" to include the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage and transportation thereof; and Whereas, the law makes "[a]ny person, county, agency, municipality, district, or other entity that violates the Legislature's occupation of the whole field of regulation of firearms ... by enacting or causing to be enforced any local ordinance ... impinging upon such exclusive occupation of the field" liable for damages; and Whereas, if the court determines that a violation of Section 790.33, Florida Statutes was knowing and willful, the court must assess a civil fine of up to $5000 against the elected or appointed local governmental official or administrative agency head under whose jurisdiction the violation occurred; and Whereas, public funds cannot be used to defend or reimburse any person found to have knowingly and willfully violated the law; and Whereas, a knowing and willful violation by a person acting in an official capacity or under color of law for any entity enacting or causing to be enforced a local ordinance prohibited by Section 790.33, Florida Statutes, shall be cause for termination of employment or contract or removal from office by the Governor; and Whereas, any person or organization whose membership is adversely affected by "any ordinance, regulation, measure, directive, rule, enactment, order, or policy promulgated or caused to be enforced in violation" of the law may file a lawsuit seeking declaratory and injunctive relief and for actual damages up to $100,000, including attorney's fees and costs; and Whereas, Chapter 790, Florida Statutes, currently contains numerous sections regulating the use and possession of firearms in public places, for example, Section 790.15, which prohibits a person from knowingly discharging a firearm Ordinance No. 8275-11 Attachment number 1 Page 2 of 5 in any public place, on or over the right-of-way of any paved public road, highway, or street, or over any occupied premises, and Section 790.06, which authorizes the issuance to individuals of licenses to carry a concealed firearm in public except in those locations enumerated in the statute, such as police stations, jails, courthouses, polling places, meetings of governing bodies, schools, professional athletic events, airport passenger terminals, and the portion of alcoholic beverage establishments primarily devoted to the consumption of alcoholic beverages on the premises; and Whereas, the Florida Attorney General has opined in AGO 2005-40 that local governments are preempted by Section 790.33, Florida Statutes, from imposing regulations pertaining to the discharge of firearms because such activity is regulated by Section 790.15, Florida Statutes; and Whereas, the Clearwater Code of Ordinances contains numerous sections that also regulate the discharge and possession of firearms and other weapons in public places, which must be amended to avoid a conflict with Section 790.33, Florida Statutes; and Whereas, however, Section 790.33(3)(a), Florida Statutes, authorizes local governments to impose regulations relating to firearms when specifically permitted by general law; and Whereas, Section 870.044, Florida Statutes, authorizes a designated city official to declare a state of emergency and regulate the sale or display of firearms or the possession of firearms in public places whenever the designated city official determines that there has been an act of violence or a flagrant and substantial defiance of, or resistance to, a lawful exercise of public authority and that, on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or to property, all of which constitute an imminent threat to public peace or order and to the general welfare of the jurisdiction affected or a part or parts thereof; and Whereas, Section 252.46(2), Florida Statutes, authorizes the suspension of all laws in conflict with any order or rule promulgated by a local government pursuant to its emergency management powers; and Whereas, Section 252.38(3), Florida Statutes, pertaining to the emergency management powers of political subdivisions, states that "each political subdivision shall have the power and authority ... to ... provide for the health and safety of persons and property"; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: 2 Ordinance No. 8275-11 Attachment number 1 Page 3 of 5 Section 1. Section 8.08, Clearwater Code of Ordinances, is hereby amended to read as follows: Sec. 8.08. Shooting at prohibited. � No person shall shoot er�ee� at any animal or fowl in the city; with a weapon from which a projectile is propelled by the action of compressed air, the expansion of gas or a spring, or other mechanical means, °��a , ��_�mm��a,� +„ �� „ �;r riflo �r ��;�� or with bows and arrows, slingshots, or other weapons potentially dangerous to animals or wildlife. �, This section does not apply to a person lawfully defendinq life or property, to a person discharging the weapon on properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Division of Forestry, or to a person spear fishing in any area where such activity has been designated as being permissible either by the city, the state or the United States. � This section is not intended to regulate the discharge of firearms, which is regulated by Section 790.15, Florida Statutes (2011 Z Section 2. Section 15.07(3), Clearwater Code of Ordinances, is hereby amended to read as follows: Sec. 15.07. - Declaration of state of emergency. ***** (3) Emergency resolutions authorized by this chapter shall include but are not iimitea to tne roiiowing suq�ects: Resolution Subject A Evacuation B Curfews; declaration of areas off limits C Suspension or regulation of the sale of alcoholic beverages, the sale and the display for sale of firearms as well as the possession in a public place of firearms (as permitted by Florida Statutes), explosives or combustibles D Prohibiting the sales of inerchandise, goods or services at more than the normal average retail price E Water use restrictions F Suspension of local building regulations G Rationing of fuel, ice and other essentials 3 Ordinance No. 8275-11 Attachment number 1 Page 4 of 5 H Emergency procurement procedures I Gas use restrictions ****** Section 3. Section 21.06, Clearwater Code of Ordinances, is hereby amended to read as follows: Sec. 21.06 Discharging weapons {�r^��. � It shall be unlawful for any person to fire any weapon from riflo �„n �r n;�+„� innl� i�inrv +h��o ;n Which a#-f�e projectile is propelled by the action of compressed air, the expansion of gas or a spring1 or other mechanical means, within the corporate limits of the city, except in lawful defense of life or property, or except by a law enforcement officer engaged in the discharge of his or her duties, or in a duly licensed indoor or outdoor gun club, pistol range or rifle range. This section shall not be construed to prohibit spear fishing in any area where such activity has been designated as being permissible either by the city, the state or the United States. � This section is not intended to regulate the discharge of firearms, which is regulated by Section 790.15, Florida Statutes (2011). Section 4. Section 22.39, Clearwater Code of Ordinances, is hereby amended to read as follows: Sec. 22.39. - Hunting and weapons {�r°��. (1) No unauthorized person shall openly carry, use or possess a weapon from which a projectile is propelled by the action of compressed air, the expansion of qas or a spring, or other mechanical means� firoormc �f �,,., r-locr+rir�+inn �;r r;f�o�, .,,�+��, rifloc , bows and arrows, slingshots, boomerangs, or any other form of weapon potentially dangerous to wildlife or human safety on any public beach or park area except at and in accordance with the rules and regulations as a participant in a program sponsored by the department. (2) No unauthorized person shall hunt, trap, or pursue wildlife by any means or method whatsoever on any public beach or park area. � This section is not intended to regulate the carr�g, use, or possession of firearms, which are requlated by Chapter 790, Florida Statutes (2011). Section 5. This ordinance shall take effect immediately upon adoption. 4 Ordinance No. 8275-11 Attachment number 1 Page 5 of 5 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk 5 Ordinance No. 8275-11 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: CMA Harborview Request SUMMARY: Review Approval: Meeting Date:8/15/2011 Cover Memo Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Short Term Rentals - Michael Delk, Planning Director SUMMARY: Review Approval: Meeting Date:8/15/2011 Cover Memo Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Larry Jones Orlando Rivas Phuong Vo Eric Watkins Nicholas Tatem Erick Peterson 10 Years of Service Tashadra Lankford Douglas Alvarez Tracey Reed 15 Years of Service Estrella Murphy Craig Murray David Wilson Jana Hofferle Alan Ruud 20 Years of Service Peter Mavromatis 25 Years of Service William Dauber Rex Whittenberger Terry Butler Michael Waters 30 Years of Service Marlinda Neal Review Approval: Parks & Recreation Public Utilities Engineering Solid Waste/General Services Solid Waste/General Services Public Services Police Public Services Library Police Police Parks & Recreation Engineering Planning & Development Solid Waste/General Services Customer Service Solid Waste/General Services Engineering Police Customer Service Meeting Date:8/15/2011 Cover Memo Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: 20l 1 Summer Business, Neighborhood, four Homes of the Quarter SUMMARY: Review Approval: Meeting Date:8/15/2011 Cover Memo Work Session Council Chambers - City Hall Meeting Date:8/15/2011 SUBJECT / RECOMMENDATION: Presentation by Progress Energy to CFR Tech Rescue Team - Presenters are: Christopher Flack, Director External Relations, Progress Energy Florida and Melissa Seixas, Community Relations Manager, Progress Energy Flarida. SUMMARY: Review Approval: Cover Memo