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FLD2007-02003v . o e .t COUNTYWIDE ' tampabay.com _ FREE GUl E FOR � TEEN VOLUNTEERS, NOWAVAILARLE", Awl& Awl= In, an effort to promote - youthvolunteerism`and Aff help, students comp lete service projects, the Vol :' ' , 11111L An u B= mff nteerAction Center and 2 -11 Tampa Bay Cares has published the Pinellas' .. County Teen Guide to ` ` �' `. service Learning: The guide lists 26 agencies in, The gym floor shines, the pool sparkles and the'vvindow- Pinenasthathave,voiunteer fillecl�iveight room.is.as bright as can 'be. J ';, It's taken vari- opportunitiesforteens,,',° who need to complete 75 ;, ous pises over the better.part of two years, but the reno- �, hoursforthebrightFutures. " -vati- h of the Long Center is complete: ¶ And recreation „ -' scholarship,orfor,other', programs: For a free Copy' superintendent Earl Gloster couldn't be happier.,He ran 'of the guide, call 211 or visit down the list of what s new and improved atithe center at uvww.211tampabay.Drg. The-2,11 information line has 1501 N Belcher Road. inforation on health and ,.� human services in Pinellas,' Hernando arid,Citrus,coun -:, _ �g The pool, the only Olympic- Outside, there's a Sunshine tion li- reach the informs -,, + tion line from a hone that s . sized indoor facility in the. Playground that's "limitless" Monday; January 22, 2007, I CLW, blocked from along three- county; was refurbished and or designed to,accorn iiodote 'JIM DAMASKE r Times Angel Madeux, 6i of Clearwater, climbs Friday in'a playground built digit cans, call 210 4211. sports,a new deck surface:. disabled children: ' w -' „ to be "limitless" in .accopun9papng vary ing abilities: Small business . program upgraded Pinellas County has revised and renamed what used to �.bektiown'as the Sniall Busi- ness AssistancePrograrn.� � . -. .. � _ �-- _ .b a;•;;a�;l�a• ,_. Under its nevvname; the, " Small Business Enterprise Program allows qualified 'i vendors to bid for count Y, j purchases from $2,000, ' !I' to$10,0.00. The progrrri a' "'is designed to beneiitall' , small businesses principally located in Pinellas County; regardless of the gender ,' or rade of their owners, with sales and staffing,, below'established limits. Employers with'fewerthan' 50full- time'employ ees. and annual gros's revenue ` of less than'$2- million are eligible. To team more; call - 3148'ore -mail ! businesshelp@pced.org. r An online'applica ='' . , ton is available at - ,www,pinellascounty.org /' purchase /sbapl.him. ,Sub'mi4 -essys oli �Iac lstory The'PinellasCourityUrban League's Black -on- Black: Crime Prevention Program is holding'itgl6th annual' '''' _BlackHistoryEssay Contest, , The contest is open to all students attending public;'';„ priyate,-gr home schools:, Deadline for submissions _ is Feba. First -; second -.and . th' d _ .I , . I _ . Ir w ace wlnners,wll read: their essays atari"awardS,'. JIM DAMASKE, I Times,,, " _ceremony Feb:17: The top; ' Swimmers compete this month during the'AI'Solstis swim meet sponsored by the Clearwater Aquatic Team in the renovated ,pool at the Long'Center. ics are:' • Elements , "i believe the 71, greatest A can -A fri merican. male orfemale in m tom -, muni tJ is orwas . \ "t'Ktly '�F,., M dd a school. What • - wlike �r ;r vw., �, �'. �p:: ,;F „s:�„`n,';,,�•..,'�,w,,r ° *`, 4, , t� 'a� {',:,,�' i 4n , ..`ar �; , ould you y to tell the world about little- known' ;' +, black histo fact?7 Ti • High school. Explain the { ` irri actofanim' oitant erl od in black histo ry and how'- it impacts society today.7 �1 For information call 327- 2081 ext225 ore -mail E, f' -F The' Long ,Center;` Formerly known as the ,` ,Center, °itwas renamed = ' in7996inhonoi o Hams Eit'Zip,!Long,':a, a ba'nke%an'd "philanthro= ::': °` `pi5t;'to commemorate ' `, his donations of ."liontothe'facility:Mr.,, - ` ' L'-1 •' Longdeed in 2001 atthe;' age of 88. ` „•,,c•,h: =, , - ''.� - '',� - JIM DAMASKE Times - Lbright @pcul.org: " .Plan a v l i t A resurfaced basketball court shines t he v hich has new fitness e q ui p e nt.' Thecenter is' open wSign .0 'to, help centr V 'everyday. For mor e r Ha COIIeCt f O e - , Tampa' Bay Harvest is an ' information; including' p Y JIM DAMASKE I Times The three gymnasium courts have hours of operabon'and all-volunteer organization ` Eileen Newsome of Crystal Beach works out on the' Smith machine in . been resurfaced and also sport a program' offerings,' t , thatcollectsfood froin,res the newly expanded exercise room on Friday. taurants supermarkets and new color Scheme, gym curtain dividers call (727) 793 -2320 ; and lighting. orvisitthel/Vebsitd,: other sources to donate to ofwwvir.clearwater-' food pantries and other local The fitness center was expanded from what Gloster and other'. f.6om/gov 1depts /= : or g anizationsthathel feed recreation closetsize to 2, 000squarefeet.ltfea- parksrec /facilities/;`: the hungry..Volunteers are - tures 22, machines, 714- pounds of dumbbells and 1,100 pounds of And Gloster pointed out, staff "got IcAndkx as 'p needed totransportfood, plates, accordin to the�center's Web site. extra offices ace out of the deal:' 'help with coordinating and p g p record - keeping, and assist with food - collecting events: Call 538-7-M, ext 1: Art,and nature ® ® ®, to merge at parkL ®nd 'Ck.) Committee Aft ,St. Petersburg sculptor ,, �' ` Leslie Fry,whose.Workwill' ' , ` � ' , , ° gity" ° be onFry,wyose,w6 note's One deV 1 to review s C rte developer er offers upgrades that are Included In closln costs. Boca Ciega Millennium Park ' ' p p� g in March, talks about the ” BY NICOLE JOHNSON chose decor such as accent 1369-unit-property in St. Peters- importance of public art' - Times Staff, Writer . The city will then decide on proposed changes: Page &' walls, flooring, light fixtures burg hoping to attract condo In the saturated condomin- and cabinets. It's a concept buyers. Previously, the Palm i BY MIKE DONILA the proposals before voters in Times Staff Writer ` ium market that is11ampaBay,' often only found in new resi- Harbor complex, had been March 2008.' = t�� "a�:�',rv� one developer is turning to a dentialconsttuetion. known as Archstone and the CLEARWATER The City Here's 'a look at some of the' ly r new concept to attract would -be "Last year was a tough year;,, St. Petersburg property was the Council has appointed, 12 resi- issues -the, council, wants dis- It s your life -- home buyers. ` it's not a secret in the condo Echelon at Bay Isle Key. dents to review and suggest pos- cussed: Share, it In the last year, Atlanta-based', business," McRae said. "We ' ; But after the projects were sible changes to the city charter. • Increasing terms for •city ' Blogs, photo galley -, developer Alan McRae has cre- really needed to find something done, the market slumped. The Charter Review Commit -. council members' from three ' ated a customized approach to. that would se arate us from our, So while some develo ers tee is expected to hold meetin s les and more from p P xP g years to four years. N buying a'condo. competition:' returned conversion, through late September. An •Whether, council members your Ilttle part of the , P Y At the Meadowlake in Palm : Following the conversion back to apartments and others : proposed changes will be as world.PointyourMouseto g passed .should gets raises; though this wmmunity ta'mpaba'y," Harbor and Bay Isle Key in St. craze of 2005, McRae converted lowered prices, McRae tried to along to the City Council for fur- would not affect t-cu-rrent terms. Petersburg, buyers are able to the 168 -unit apartment prop get creative. ther debate, and the council will, • Moving city elections from bm. ' consult with a designer and e g rty in Palm Harbor and the »See CONDOS, 8 decide whether to bring any of » See CHARTER, 4 i „ i i 'i i i I' i i I C i ;I 0 2 1' Monday, o,, ilary 22, 2007 1 St. Petersburg Times CLW The guided hike is free, ' ' and times, call (727) 582 -7595. 13 ACM !ear ter _893 Club News'', "•_ _., 445 4109`' Richard Danielson Cityeditor �; ,' _? ' . ple's Law School continue in CLEARWATER. toises. Walkers should dress for `treatment. Emergency services People's Law School the weather and might want arenotprovided. continues Thursday to bring binoculars and a field Care is provided regardless of guide. �Ieet the ranger at the income or citizenship status. Sessions' of the Clearwater head of the nature trail For information on locations tampabaycom /opinion I i .o . advertisement NASA's Secret Backpain Relief Revealed t®' Public Washington, D.C. - A new free'report has been released that reveals how breakthrough medical technology is offering new hope for disc and sciatica sufferers. Discover how research has proven non - surgical spinal decompression 86% successful in' treating ' debilitating back pain. Find out how and - why astronauts don't have back pain and how NASA's accidental discovery lead to the most promising treatment today. For your free report , entitled, "How Space Age, Technology Is Solving Back Pain Without Drugs Or Surgery!" call 1- 800 - 762 -3154, for the toll -free 24 Hour recorded message or go to www.disepainiiomore.com Dr. Todd Bodanza,D.C. 247470 -e1 is complete? It does so by the simple fact library." Wow! Fiscal responsibil- 1 Has anyone in Clearwater that it entices residents and vis- ity at its best: Another shallow- been to New Orleans lately? it6rs alike to meander down the thinking politician. ' ACUPUNCTURE If the city is planning to spend water's edge and enjoy many of ' ' Mr. Mayor and' the rest of ;E•. about $150,000 (after overruns Florida's greatest assets: sun, you free - spending - politicians, ` DISPOSABLE' NEEDLES 4 and unanticipated expenses) per water, blue skies and wonder- remember, I can go to Pasco or M.D. China. Instructor FREE CONSULTATION boat slip, I would like to think ful clouds, all as a, backdrop to Hillsborough counties to buy my Over 24 years • Arthritis & Stroke • Auto Accidents a that the slips, mi g ht be around interestin g man -made water- bi g - ticket items. I es p eciall y will ;experience. Headache & Sciatica • Chronic Pain Treated over fbr a while. I hope the city isn't craft of various sizes and differ- not buy anything in Oldsmar. - 105,000 patients. D �T some Insurance �R � � �H1U planning on consultingthe Army ent propulsion systems. Most of - When you go- the polls in -tea Accepted : hm 500"74`1555 Corps of Engineers. Has anyone us -enjoy strolling around scenic March, remember there is no I been to New Orleans lately? areas where other people gather stopping this appetite unless we One last question: If a Cate- to relax and take pleasure in the vote no. gory 5 hurricane hits Clearwater, simple activity of "people watch - CharlesHora,PalmHarbor AC I TO r' .,Verbatim' 4�; pP a t�, Yom{ R } 1a 53 E�- ��r i .�+° -4." -•, - ;� ., ... '.� , i ; , ;i;• ® _ Instead of beating 'th,e"drum-of the.past struggle, we should foe "us on whatwe shouldbe doing for the•youth:and,the, future.We all have, .. �y �, g# ....,E i 1 i•.. H - • - , - . , DxOlhti spend your ;� €, 'heard the `LHave a�.Dre "am'speech, -rrnd we "T'espect,it; b'uEt'We,,Want`' Wee kin palm. to hearabout ways: to help It cep the, dream fresh and Iiow,we can, £{4 3 "R` =k 3 We are here'for• co�tintte•to retake the drearn`a real "', ' yoU "bh SATURDAY! • Convient Location Oral Sedation & Lollipop sedation Justin Harris�18, whileattendingClearwater' sMartinLuther 'KingJr.DaybreakfastJan.15 • Emergo6q tare Surgery -'General Dentistry ; Available . • Dentures & Implants • Cosmetic Dentistry . q-� 1, ne Dentist 1,1ace GROUP Plu crlcE .. , .... , Keathley, D.M.D. ME 0 I AK.Morar,D.DS. il:OUId17MiDE MALL Inside Sears ' chee usp, D.DS • Mill Nl Ueai'%Vater T1meS .710 Court St, Clearwater, FL 33756 . , } HOURS: Monday 7hursda 9:30 am.- 6:30 m i" . " r Y P call �az rrl�t6a[�rt�sceort DELI�IERY NEWS p N <' Friday 9:30 am - b:oo pm �rp �, �� ®� � ® Call to subscribe re ort delivery, Local News (727)446-6397, � , � '° pine! asABOARD727) 445 -4111 , . < Saturday 9:30 am - 3:00 pm o e ' roblems forbillin In uiri�s' ; p 9 q . Community Events 446 -6397 Telecommunications Device • Insurance Patientl Vacation hold or other customer ___ _ ___ _ forthehearin im aired.,- ' Th0 qtlPlltNd other '•ion res Melor 'thazthe mneheam ancd t'urye Accepted Cheerfully g "•, -Obituaries`. '`-445 -4176 T - g p m pem �' to", _____ __ service. For redelive`ryof paper, call, :• - -• -- 1'(727)893-8929, < relmM,rsMfor dntfo otherfervlce,ewvn ortnerment which is Canedma�uaMmd -thin o .- Reli ion_ Ne_ws': ' °445-4153 nho nWR° �n• aa��erermeneeaeeaeeeao ,aa�eareea"inao, E„ergenrycareA��nle� by10a.m.Mon:Sat , orby1la.m.'•. __9 ____ °___;.:. ~,: �c Dwtyhce onSunday: :Sports�4454169- Pinellas' (727)8951181 - -. STAFF'> 4 0t9GG , Kidsl Come and sit in teat live trucks! Face painting, juggling, balloons! �� Saturday, January 27th from 7 7 a.m. to 4 p.m. Largo Central Park Children's Health Fair, Book Fair, and More! $3 Wristbands for Inflatables and Rock Climbing Wall 131¢ LEE &AOT ,• 6 ex, NL0121DA BLOOD SFRVIChs 587 -6775 www.largo.com 230952 -01 Bar Association's annual Peo- The guided hike is free, ' ' and times, call (727) 582 -7595. r t _893 Club News'', "•_ _., 445 4109`' Richard Danielson Cityeditor �; ,' _? ' ADVERTISING ple's Law School continue in though park visitors have to pay Go to www pinellascounty org/ Fax - -- — - -- „ �- _Retail - . ....___..,.-__.4..45 .. -_ 4 18�8_. ' . Internet 8938665 t the teaching auditorium at St. the regular park entrance fee of humanservices/ Petersburg College's'Clearwater $5 per carload from two to eight •a services.htm #mobile' for a ing:' campus; 2465 Drew St. people, $3 for one person in monthly calendar. Boat slip position The People's Law School will April. car and $1 per person for walk- COUNTYWIDE is tough to believe ;� ' °�� Youma submitaletterto;a',: , "' Y As it stands today, the atmo- sphere and level of interest ''meet Thursdays through The schedule includes: ers or cyclists. If you need assistance to par- LOW -Cost Spaying, "the editorfor'possible publi =: ° through of our wonderful bluff area is e Thursday, 7 -9 p.m.: Crimi- ticipate fully; call 'Honeymoon '. neutering offered I was gratified'to read recently ;''; Cation our Web site -• ' ' atwwmtampabay:Com/ enticing only to the unfortunate 'who nallaw '7 Island State Park at469- 5942.. that Anne- Garris does not !etfer's'o!' byf6Ang it to homeless residents find o Feb. 1, -7:55 p.m.: Condo - The park is about 6 miles More than 60,000 unwanted oppose boat, slips adjacent to :: (727) 445'4119; or by mailing ; comfort in an area that is barren minium law, then from 8:06 to 9 west of U.S. 19, on Curlew Road. animals are euthanized in the downtown Clearwater.'Unfortu= nately, ; ; :' it Letters;.710 Court St : ° of human activity is p.m., landlord tenant law For more infbfmation,'visit ww Tampa Bay area each year, I don'tbelieve her. When this upcoming, vote e Feb. 8, 7 -9 p.m.: Indepen -, wfloridastateparks.org, so the' group' Stop In 2000, earning the apt mon- t 'Clearwater, Ft 337b6.You • ;; . ° successful, our city and visitors dent court system t ,nonprofit Pet Overpopulation Together iker "Angry Anne;' she champi- must include your name, addres§,a,6d phone number _ will enjoy a public facility that e Feb. 15, 7 -9 p.m.: The Patriot COUNTYWIDE (SPOT) is teaming up with local oneathe defeat of the downtown` =;`,`Letters may be editedfor; = i y allows one to walk out over the Act 'Health Department veterinarians to offer low -cost redevelopment referendum, say- " 'clarity; taste and length. e water on a viewing platform that o Feb. 22,7-9 p.m.: Real estate, offering free flu shots spaying and neutering for any ing at•that time that she wasn't connects to a fishing pier and and real property law cat or do g at least 8 weeks old. against develo ment. p enjoy a picturesque setting that q *'March 1,.7-9 -p.m.: Wills, With Florida seeing an active The prices are $35 for male'' At last December's City Coun- _ '' is quite the opposite of the expe- " trusts and estate planning, early flu season, the Pinellas cats, $40 for female cats, $40 for cil meeting, Anne put on a clinic: rience provided by public facili- e March'8, Spring break. No County Health Department is male dogs and $45 to $90 for Regarding the free Sandpearl destroying the new boat slips, ties such as Caladesi Island and class offering free,flu shots to anyone female dogs, depending on the resort boat slips, who else could and carries, a.40 -foot yacht into Brooker Creek Preserve. One is e March 15, 7 -9 p.m.: Farm- 'unable to pay the $25 fee. weight. SPOT offers low -cost inflame and ' encourage new, my front yard, do I get to keep it? a public area that thrives on the ilylaw The shots will be available spay /neut;Or vouchers online at , Belle Harbor residents to step. Or as Forrest Gump might say, edge of a downtown, while the o March 22,7-7:55 p.m.: Local until the vaccine supply runs www.SPO'fusa.org. Call (727) to the podium and' take misin- "Stupid is as stupid does." others -are appreciated for their government law; then from 8: out at any 'of.the department's 545 -3463. formed, suicidal nosedives? PhM1pMarmanffio, Clearwater ' remoteness. These public facili- ' 06 to 9 p.m., State of our circuit five health centers: Anne didn't , tell our new, , ties provide different areas that e March 29, 7 -9 p.m.: Bank- oClearwater, .310 N Myrtle CLEARWATER neighbors the free boat slips Re: Voters will have final make Florida unique and avail - ruptcy Ave., 469 -5800. 'Get scholarships were already approved two years say with March 13 election, able to all, with the boat slip e April 5,7-9 p.m.: Construe- *Largo, 12420 130th Ave. N, ,- from Italy groups public. Anne didn't tell and Boat slips plan sails well project one that will be more tion contracts and mechanic's 588 -4040. them public boat slips in the early, stories. accessible to a greater audience., liens e7hrpon Springs, 301 S Diss- A lications for two $1,000 PP Yacht Basin have been a high g Boats This project will not only y ' o April 12, 7 -7:55 p.m.: Media- ton Ave., 942 -5457. scholarships ,are available from' priority of Clearwater residents add charm impact the water's edge but also , tion and arbitration; then from oPinellas Park, 6350 '76th the Clearwater chapter of the for many years at beach public to our Waterfront contribute to the rebirth of our 8:06 to 9 p.m., Small claims Ave. N, 547 - 7`780. Order Sons of Italy in America. meetings. Anne didn't tell them dormant downtown, something court *St. Petersburg, 205•_ Dr. The Daughters of Italy she vociferously opposed the What is this referendum really that will benefit our city as a e April'19, 7 -9 p.m.: Contracts Martin Luther King St. N, 824- Lodge 2825 is, offering two very condominiums . they call about? whole. The approval of this prof- ' and business law 6900. $1,000 scholarships. Appli- home. There is a great , need for ect will signify that Clearwater o April 26; 7 -7:55 -p.m.: Iden- Public health officials say cants must be 2007 Florida high It is undisputed that pub- ' � mooring ` space for water ves- residents are taking steps toward ' tity •theft; then •from 8:06 to 9 vaccinations are important for school graduates and of Italian lie boat slips,are; and -will be, in, ` sels. While the city of Clearwater making downtown a destination. p.m., Graduation. everyone, including' children., descent. To receive an applica- popular demand. Having' had has done its duty to estimate the once again, 'one that many res- All sessions are free. No regis- over 6 months old. Those partic- tion or for more information, the recent pleasure of employ- ' -need -and viability of this project idents will ultimately find rea- tration required. Call (727) 461- ularly at high risk include peo- call Daughters of Italy Lodge ing local contractor Ress Marine from a financial point of view; sons to visit. 4869. ple age 50 and older, pregnant 2825 scholarship chairwoman Inc. to build five exceptional mere common sense supports The city's,financial estimates ! women, people with chronic ill- . Clara Shaw at (727) 785 -6428. boat slips on Mandalay Channel, the claim'that the project will _ for this project`seem justified by DUNEDIN nesses, health care workers and ' Also available are applica- the unsolicited inquiries to lease succeed. '- the existing demand and the•fact ; Public -is invited to . caregivers'of high -risk people. ', tions for a $1,000 scholarship them is beyond expectation. Let's see. • Our homes' val- ! that the rental fees used are con- weekly vigil offered by the Grand' Lodge I ,didn't think, I would find ues have gone through the roof 'servative. peace COUNTYWI69' of Florida, Order,Sons of Italy myself having to advise an ill- because there is' no longer avail - Ric Ortega, Clearwater The public Js invited ;to par - NO insurance? Free in America: Information and mannered lady 30 years 'my able land'to build more homes. ` ticipate in a weekly peace vigil ` care is available applications can be found at ww senior to not interrupt others, to Well, there are very few available Be: Penny for Pinellas from 4:30 to 6 p.m. Wednesdays, w daughtersofitaly com. 'shed hate and to stop the deceit. ', waterfront parcels with boat countywide referendum. at Edgewater Park, next to the ' 'The Pinellas County Human But I do. slips, and environmental road-, Bleeding dr Dunedin Marina, at Alt. U.S. 19 Services Department provides CLEARWATER I call for Anne's garrison to lay blocks prevent building'them in us . y� i and Main Street. free medical care on evenings Clothes to Kids needs down its weapons of massdecep -' many locations. Available boat apennyatatime For more information, call . -734 and weekends 'to residents of warm items tion. Please. slips are in great demand, and as (727)73 3-1177 or (727) -8945 .Pinellas County who don't have Wil iamBlackwood, Clearwater time goes bythe escalating cost Oh! It's only a penny. What's: or visit www.§tpeteforpeace.org. 'medical insurance. Clothes to Kids, a nonprofit of slips everywhere will continue ' another, penny? Services are provided on the that provides free new and gen- Re: Referendum on to increase. Another penny is another DUNEDIN county's Mobile Medical Unit tly used clothing to low- income ' , Clearwater downtown boat. Some feel the proposed` fees $250 when you, purchase a new Guided hikes at at different sites throughout the, children in Pinellas County, is slips. for the boat slips are already car priced at $25,000., . Honeymoon Island county.'Evening hours are 4 to seeking monetary donations to Hurricanes can below market value, validating It only. seems like yesterday 7;30 p.m. Help stock the store with warm the justification and viability of that someone came up with the The Florida Park Service Services available to unin- clothes and jackets. Dona- destroy slip plans ' the project.', ; first Penny for Pinellas. Sales tax - offers ranger - guided ,walks of .'sured residents' during evening "include' tions are tax deductible_ and - mailed Box _ _ ,._- _ _ -- is This - project is also about our '•city was-5-,cents at the, time.-Where doe's it Honeymoon Island at 11 a.m. - visits basic primary can be to P.O. 184, So, ,the city' of Clearwater providing amenities that' stop? Saturdays through March. care, lab services and prescrip -, Dunedin, FL 34697 or dropped betting close to $20- million that create -a "unique environment Never! ' Because our politi- The island is home to wild -, tions. The staff can also pro- off at the store, 1059 N Hercu- it won't be hit by, a Category 3 not available in most parts of the • cians have insatiable appetites, E life that includes ospreys, great vide referrals` to dental, men- les Ave., Clearwater. Call (727) hurricane any time 'in the next world.' to do things. Look at the' com- ` horned owls and gopher tor-; ' tal health and substance abuse 441 -5050. 40 years. What happens if a Cat- It provides an active Florida ments of the mayor of Oldsmar: egory 4 hurricane hits in 2009; waterfront environment that is a "It's very important. Let the rest 'two weeks after the construe - prime asset to most coastal com- of the county and the snowbirds tion of the Category 2 boat slips munities. pay for our infrastructure and I i .o . advertisement NASA's Secret Backpain Relief Revealed t®' Public Washington, D.C. - A new free'report has been released that reveals how breakthrough medical technology is offering new hope for disc and sciatica sufferers. Discover how research has proven non - surgical spinal decompression 86% successful in' treating ' debilitating back pain. Find out how and - why astronauts don't have back pain and how NASA's accidental discovery lead to the most promising treatment today. For your free report , entitled, "How Space Age, Technology Is Solving Back Pain Without Drugs Or Surgery!" call 1- 800 - 762 -3154, for the toll -free 24 Hour recorded message or go to www.disepainiiomore.com Dr. Todd Bodanza,D.C. 247470 -e1 is complete? It does so by the simple fact library." Wow! Fiscal responsibil- 1 Has anyone in Clearwater that it entices residents and vis- ity at its best: Another shallow- been to New Orleans lately? it6rs alike to meander down the thinking politician. ' ACUPUNCTURE If the city is planning to spend water's edge and enjoy many of ' ' Mr. Mayor and' the rest of ;E•. about $150,000 (after overruns Florida's greatest assets: sun, you free - spending - politicians, ` DISPOSABLE' NEEDLES 4 and unanticipated expenses) per water, blue skies and wonder- remember, I can go to Pasco or M.D. China. Instructor FREE CONSULTATION boat slip, I would like to think ful clouds, all as a, backdrop to Hillsborough counties to buy my Over 24 years • Arthritis & Stroke • Auto Accidents a that the slips, mi g ht be around interestin g man -made water- bi g - ticket items. I es p eciall y will ;experience. Headache & Sciatica • Chronic Pain Treated over fbr a while. I hope the city isn't craft of various sizes and differ- not buy anything in Oldsmar. - 105,000 patients. D �T some Insurance �R � � �H1U planning on consultingthe Army ent propulsion systems. Most of - When you go- the polls in -tea Accepted : hm 500"74`1555 Corps of Engineers. Has anyone us -enjoy strolling around scenic March, remember there is no I been to New Orleans lately? areas where other people gather stopping this appetite unless we One last question: If a Cate- to relax and take pleasure in the vote no. gory 5 hurricane hits Clearwater, simple activity of "people watch - CharlesHora,PalmHarbor AC I TO r' .,Verbatim' 4�; pP a t�, Yom{ R } 1a 53 E�- ��r i .�+° -4." -•, - ;� ., ... '.� , i ; , ;i;• ® _ Instead of beating 'th,e"drum-of the.past struggle, we should foe "us on whatwe shouldbe doing for the•youth:and,the, future.We all have, .. �y �, g# ....,E i 1 i•.. H - • - , - . , DxOlhti spend your ;� €, 'heard the `LHave a�.Dre "am'speech, -rrnd we "T'espect,it; b'uEt'We,,Want`' Wee kin palm. to hearabout ways: to help It cep the, dream fresh and Iiow,we can, £{4 3 "R` =k 3 We are here'for• co�tintte•to retake the drearn`a real "', ' yoU "bh SATURDAY! • Convient Location Oral Sedation & Lollipop sedation Justin Harris�18, whileattendingClearwater' sMartinLuther 'KingJr.DaybreakfastJan.15 • Emergo6q tare Surgery -'General Dentistry ; Available . • Dentures & Implants • Cosmetic Dentistry . q-� 1, ne Dentist 1,1ace GROUP Plu crlcE .. , .... , Keathley, D.M.D. ME 0 I AK.Morar,D.DS. il:OUId17MiDE MALL Inside Sears ' chee usp, D.DS • Mill Nl Ueai'%Vater T1meS .710 Court St, Clearwater, FL 33756 . , } HOURS: Monday 7hursda 9:30 am.- 6:30 m i" . " r Y P call �az rrl�t6a[�rt�sceort DELI�IERY NEWS p N <' Friday 9:30 am - b:oo pm �rp �, �� ®� � ® Call to subscribe re ort delivery, Local News (727)446-6397, � , � '° pine! asABOARD727) 445 -4111 , . < Saturday 9:30 am - 3:00 pm o e ' roblems forbillin In uiri�s' ; p 9 q . Community Events 446 -6397 Telecommunications Device • Insurance Patientl Vacation hold or other customer ___ _ ___ _ forthehearin im aired.,- ' Th0 qtlPlltNd other '•ion res Melor 'thazthe mneheam ancd t'urye Accepted Cheerfully g "•, -Obituaries`. '`-445 -4176 T - g p m pem �' to", _____ __ service. For redelive`ryof paper, call, :• - -• -- 1'(727)893-8929, < relmM,rsMfor dntfo otherfervlce,ewvn ortnerment which is Canedma�uaMmd -thin o .- Reli ion_ Ne_ws': ' °445-4153 nho nWR° �n• aa��erermeneeaeeaeeeao ,aa�eareea"inao, E„ergenrycareA��nle� by10a.m.Mon:Sat , orby1la.m.'•. __9 ____ °___;.:. ~,: �c Dwtyhce onSunday: :Sports�4454169- Pinellas' (727)8951181 - -. STAFF'> 4 0t9GG , Kidsl Come and sit in teat live trucks! Face painting, juggling, balloons! �� Saturday, January 27th from 7 7 a.m. to 4 p.m. Largo Central Park Children's Health Fair, Book Fair, and More! $3 Wristbands for Inflatables and Rock Climbing Wall 131¢ LEE &AOT ,• 6 ex, NL0121DA BLOOD SFRVIChs 587 -6775 www.largo.com 230952 -01 a � Weddings : , -8735 ' ' < Joseph Childs `, : ,"M editor _893 Club News'', "•_ _., 445 4109`' Richard Danielson Cityeditor �; ,' _? ' ADVERTISING - - - -- •445.4119 — Richard Martin ; Assistanfcityeditor Classed , 'J727) (727) 445 -4200 Fax - -- — - -- . , DianeSteinle; Editorofeditorials �- _Retail - . ....___..,.-__.4..45 .. -_ 4 18�8_. ' . Internet 8938665 r � tampabay.COm Ma a nn eSo bo tins b, Promotion'-' coordinator• - a � °Clearwater A 16 Planning Department .100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727 -562 -4567 Fax: 727- 562 -4865 ❑ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION. ❑ SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION - Plans and application are required to be collated, stapled, and folded into sets ❑ SUBMIT APPLICATION FEE $ 16-11��r-- CASE #: RECEIVED BY (staff initials): �- DATE RECEIVED: * NOTE: 15 TOTAL SETS OF INFORMATION REQUI RED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICATION (Revised 03/28/200 — PLEASE TYPE OR PRINT— A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4- 202.A) APPUCANT NAME: City of Clearwater, Florida (Attn: Bill Morris, Director Marine & Aviation ) MAILING ADDRESS: P. 0. Box 4748, Clearwater, FL 33758 -4748 PHONE NUMBER 727- 462 -6954 CELL NUMBER PROPERTYOWNER(S): City of Clearwater, Florida Ust ALL owners on the deed P. 0. Box 4748, Clearwater, FL 33758 -4748 E. D. Armstrong III, Esquire AGENT NAME: Johnson, Pope,.Bokor, Ruppel & Burns, LLP MAILING ADDRESS: P. 0. Box 1368, Clearwater; FL 33757 -1368 PHONE NUMBER 727 -461 -1818 FAX NUMBER '727- 462 -0365 CELL NUMBER E-MAIL ADDRESS: jaynes @jpfirm.com B. PROPOSED DEVELOPMENT INFQRMATIQM: �Co�e Section 4-202.A) C earwater ecrea io en er PROJECT NAME: Boat Docking Facility PROJECT VALUATION: $ 1, OQO, OOQ, 00 STREET ADDRESS 69 Bay Esplanade PARCELNUMBER(S): Submerged.land adjoining 05/29/15/00000/330 /0100 PARCEL SIZE (acres): 4.26 acres PARCEL SIZE (square feet): 185,691.23 sq. ft. LEGAL DESCRIPTION: See Exhibit "A" attached. PROPOSED USE(S): 14ar4',na DESCRIPTION OF REQUEST: See Exhibit "'B" attached-: - Specifically identify the request (include number of units or square footage of non - residential use and an -- - -• " _ requested code deviations; e.g. _l�l reduction in required number of panting spaces, specific use, etc.) Page 1 of 7,1 CITY OF CLEARWATER (l DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO _ (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4202.A.5) 0 SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 7) D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3- 913.A) 0 Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA — Explain how each criteria is achieved, In detall: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. See Exhibit "B" attached for responses to General Applicability Criteria 1 through 6 . 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly Impair the value thereof. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. 4. The proposed development is designed to minimize traffic congestion. 5. The proposed development is consistent with the community character of the Immediate vicinity of the parcel proposed for development. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and otiactory and hours of operation impacts, on adjacent properties. ORIGINKL Page 2of7 JUN 18 2007 PIANI iNGDEFAVIMENT CITY OF CLEARWATER s � WRITTEN SUBMITTAL REQUIREMENTS: (Flexibility Criteria) ❑ Provide complete responses to the applicable flexibility criteria for the specific Use as listed in each Zoning District to which the waiver is requested (use separate sheets as necessary) — Explain how each criteria Is achieved; in detail: See Exhibit "B" attached for responses to'driteria set.forth in Section 3 -601. STORMWATER PLAN SUBMI Manual and 4- 202.A.21) (City of Clearwater Storm ❑ A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition. or modification of impervious surface, including buildings, must include a stomwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement. ❑ If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. ❑ At a minimum, the STORMWATER PLAN shall include the following; ❑ Existing topography extending 50 feet beyond all property lines; ❑ Proposed grading including finished floor elevations of all structures; ❑ All adjacent streets and municipal storm systems; ❑ Proposed stommwater detentionlretention area including top of bank, toe of slope and outlet control structure; ❑ A narrative describing the proposed stomiwater control plan including all calculations and data necessary to demonstrate compliance with the City manual ❑ Proposed stommwater detentiontretention area including top of bank, toe of slope and outlet control structure; ❑ Signature and seal of Florida Registered Professional Engineer on all plans and calculations. ❑ COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable ❑ ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must Initial one of the following): Stormwater plan as noted above is included Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor elevations shall be provided. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562 -4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4- 202.A) ❑ SIGNED AND SEALED SURVEY (including legal description of property) —One original and 14 copies;. ❑ TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4' or greater), and location, Including drip lines and indicating trees to be removed) — please design around the existing pees; ❑ TREE INVENTORY; prepared by a "certified arbodst ", of all trees 8" DBH or greater; reflecting size, canopy (drip lines) and condition of such trees;. ❑ LOCATION MAP OF THE PROPERTY; . ❑ PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to.the parking standards are approved; ❑ GRADING PLAN, as applicable; ❑ PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); ❑ COPY OF RECORDED PLAT, as applicable; (ORIGINAL RECEIVED Page 3 of JUN 18 2007 PLANNiNG DEw ARIMENT CITY OF CLEARWATER G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 44202.A) . O SITE PLAN with the following information (not to exceed 24' x 361: Index sheet referencing individual sheets included in package; _ North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; _ All dimensions; _ Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; _ All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including _ description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; _ Location of all street rights -d way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, stone and sanitary sewer lines, manholes and rift stations, gas _ and water lines; _ AO parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatctung of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3-201 (D)(0 and Index #7011 . Location of all landscape material, _ Location of all onsite and offsite stormwater management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. 0 - SITE DATA TABLE for existing, required; and proposed development, in wrMen/tabularlbim EXISTING Land area in square feet and acres; Number of EXISTING dwelling units; Number of PROPOSED dwelling units; Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces & driveways, _ expressed in square feet & percentage of the paved vehicular area; Official records book and page numbers of all existing utility _ easement; Building and structure heights; Impermeable surface ratio (I.S.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. REQUIRED PROPOSED I] REDUCED COLOR SITE PLAN to scale (8 %X 11); . O FOR DEVELOPMENTS OVER ONE ACRE provide the following additional Information on site plan: One -foot contours. or spot elevations on site; ORIGIML Offsite elevations if required to evaluate the proposed stormwater management for the parcel;�� All open space areas; Location of all earth or water retaining walls and earth berms; , ►r!W 1 8 ry�07 � Y .L L f Lot lines and bulking lines (dimensioned); Streets and drives (dimensioned); PLANNNG DE1±A I MENT Building and structural setbacks (dimensioned); CITY OF CLEARWATER Structural overhangs; Page 4 of 7 H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4- 1101A) 13 LANDSCAPE PLAN with the following information (not to exceed 24° x 36': All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of an required perimeter. landscape buffers; Sight visibility triangles; _ Delineation and dimensions of an parking areas including landscaping islands and curbing; Existing trees on -site and immediately adjacent to the site, by species, size and locations, Including driplines (as indicated on required tree survey); Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant _ schedule; Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and _ protective measure;; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board);, Irrigation notes. 13 'REDUCED COLOR LANDSCAPE PLAN to scale (8 h X 11); 0 COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A.23) Ll BUILDING ELEVATION DRAWINGS —with the following information; All sides of all buildings; Dimensioned; _ Colors (provide one full sized set of colored elevations); Materials; E3 REDUCED BUILDING ELEVATIONS — same as above to scale on 8 % X 11. J. SIGNAGE: (Division 19. SIGNS/ Section 3-1806) O All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. C1 All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) 13 Comprehensive Sign Program application, as applicable (separate application and fee required). O Reduced signage proposal (8 % X 11) (color), if submitting Comprehensive Sign Program application. JUN 18 2007 Page s of 7 PLANT+ iNG DEPARTMENT OI TY OF CLEARWATER ORIGINAL J 8 2007 K. TRAFFIC IMPACT STUDY: (Section 4202.A.13 and 4- 801.C) CITY OF 13 Include if required by the Traffic Operations Manager or hislher designee or if the proposed development • Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. • Will generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day. • Will affect a nearby roadway segment and /or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous intersections. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual. The.Traffic Impact Study must be prepared in accordance with a'Scoping Meeting° held with the Traffic Operations Manager and the Planning Departments Development Review Manager or their designee (727 - 562.4750) Refer to Section 4 -801 C of the Community Development Code for exceptions to this requiremenL 13 Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included. The study must include a summary table of pre - and post-development levels of service for all adway legs and each tuming movement at an intersections identified in the Scoping Meeting. l Traffic Impact Study is not required. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562- 4750. L. FIRE FLOW CALCULATIONS/ WATER STUDY: Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades are required by the developer due to the Impact of this project. The water supply must be able to support the needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required the water supply must be able to supply 150% of its rated capacity. Compliance with the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex M is required. U Acknowledgement of fire flow calculations/water study requirements (Applicant must initial one of the following): re Calculations /Water Study is included. me Flow Calculations/Water Study is not required. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW CALCULATIONS/ WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Fire Prevention Department at (727) 562 -4334. M. SIGNATURE: I, the undersigned, acknowledge that all representations made In this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograp property described in this application. ignature of property owner or representative E. D. i''<rmstronq III STATE OF FLORIDA, COUNTY OF PINFILAS S om to and subscri ed before me this Z MIA of , AD. 20 � —to me and/or by E . D. rms roll who is personally known has. ptary piplic, My commission expires: too - ., Jayne E. Sears Page 6 of7 �� Commission # DD449633 ¢ 1. Expires September 2, 2009 rfjF� jh hand" TNY Ren • 11SWIN& tia 100-0!5.701 6 TER N.. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed — PRINT full names: City of Clearwater, Florida • 2. That Q am/we are) the owners) and record title holders) of the following described property (address or general location): Submerged lands adjoining 69 Bay Esplanade (05/29/15/00000 /330/0100). 3. That this property constitutes the property for which a request for a: (describe request) Flexible,development approval of commercial docks-in accordance with Section 3601, Clearwater Coinmunity Development Code. 4. That the undersigned (has/have) appointed and (doestdo) appoint: E. D. Armstrong III, Esquire, and Johnson, Pope, Bokor, Ruppel & Burns, LLP, P. O. Box 1368, Clearwater, FL 337571368 as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and ad on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 7. That (Uwe), the undersigned authority, hereby certify that the foregoing is true and coned CITY O LEARWATER, FLORIDA Prop" Omer Property Owner By Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned, an officerduly commissioned by the laws of the State of Florida, on this 4Q day of personally appeared u1,\ C % a^, 3 . N4,o r ILL ^ who having been first duly swom Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. e SANDRA HAFIRIQER r� MY COMMISSION 8 DD 278716 y EXPIRES: January 4, 2008 tlwW Tnru Nctary PuW10 UndmMihe je Notary Public Signature Notary Seal/Stamp, My Commission Expires: %16,1019 OP101 AL, p;7Cr1VF0 .FUN 18 2007 Paga.7of7 PLAID NiNG DEPARTMENT CITY OF CLEARWATEP EXHIBIT "B" TO FLEXIBLE DEVELOPMENT APPLICATION CITY OF CLEARWATER, FLORIDA Clearwater Recreation Center Boat Docking Facility ORIGINAL. REM= 2 2007 PLANNIIa =i MENT CITY OF Cl.UOWATER The subject property consists of submerged land adjoining upland located at 69 Bay Esplanade owned by the City of Clearwater. This is a request for approval of a 42 -slip marina, with 15 slips designated to serve the public and 27 slips designated for lease to the Sandpearl Resort located at 500 Mandalay Avenue. On January 26, 2005, the City of Clearwater ( "Applicant ") entered into a Development Agreement with CBR Development I, LLC, now know as The Sandpearl Resort, LLC, and CBR Development II, LLC, now known as The Residences at Sandpearl Resort, LLC (collectively, "Developer "), the developer of the Sandpearl Resort ( "Development Agreement "). On December 14, 2006, the Clearwater City Commission approved the City's lease of the submerged lands to Sandpearl for the purpose of construction and operation of the proposed boat slips which were contemplated in the Development Agreement. Concurrently with this request, Developer has submitted an application to amend the Development Agreement to incorporate the Rental Agreement between City and Developer concerning the submerged lands ( "Rental Agreement "). Specifically, the Applicant requests flexible development approval to permit in the submerged lands adjacent to the Clearwater Beach Recreation Center a 42 -slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) of 11,343 square feet, with the following relief: (i) to allow the dock and tie poles to extend 69 feet beyond 25 percent of the width of the waterway, in accordance with Section 3 -601 of the Clearwater Community Development Code; and (ii) to allow 0 parking spaces where 24 parking spaces are required to serve the 24 Sandpearl slips which may be leased. (Note: Of the 27 Sandpearl slips, there are 3 day -slips designated for use by the hotel which will not be leased.) Section D. Written Submittal Requirements General Applicability Criteria: 1) The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. The City Commission approved the proposed location for the boat docking facility in the Development Agreement and again on December 14, 2006, by approving the proposed. lease of the submerged lands. The submerged lands on which the facility will be located adjoin the City's Bay Esplanade Recreation Center, a recreation complex including tennis courts, swimming pool, basketball courts and two small piers with a boat ramp. The character of the proposed use as a boat docking facility will be complementary to the existing recreation center. As to the bulk and coverage of the project, the Avoidance and Minimization Report, dated January, 2006, prepared by Thomas R. Cuba, Delta Seven, Inc. ( "Report"), a copy of which is attached, describes in detail the compatibility of the project with this area of Clearwater Harbor. 2) The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The proposed facility will not have an impact on the development of any upland areas. The Belle Harbor project to the south includes boat docks. The proposed facility will be a minimum of 77 feet from the existing Belle Harbor docks, at its closest location. The relief which is sought as to parking will not impact the adjacent City property. There are 24 slips which may be leased slips, requiring 24 additional parking spaces (1 space for every slip). [15 slips are for City use as an accessory to the recreation center and 3 days slips will be used by the hotel and will not be o -,u, a leased.] Section 5.03(10) of the Development Agreement specifically provides that "...all subleases or assignments shall expressly prohibit parking on the City CV V „ Property during use of the Developer Boat Slips." The Rental Agreement limits 0 the lessees of the slips to Sandpearl residents, Beach Club members and } 0 Clearwater Beach residents living within a geographic area bordered on the west z _� by the Gulf of Mexico, on the East by Clearwater Bay, on the north by Rockaway Street and on the South by Papaya Street. Therefore, these lessees will all be CL within walking distance of the proposed marina. In addition, the Rental Agreement provides for a shuttle service from the Sandpearl to the marina for the convenience of these lessees. 3) The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. The navigability and safety of the adjacent waterway will not be impacted. Measures, such as the use of turbidity barriers during construction, will be taken to ensure adverse impacts to water quality will not occur. Navigational clearance and safety, as well as water quality, is discussed in detail in the Report. 4) The proposed development is designed to minimize traffic congestion. In accordance with the terms of the Development Agreement, 27 of the boat slips at the facility (representing less than 67 percent of the overall slips) will be used by Sandpearl Resort residents and /or guests. The Sandpearl is located in close proximity to the proposed facility and persons traveling to the facility from Sandpearl will use a shuttle service in the form of a courtesy van operated by Sandpearl concierge so as not to create significant additional trips to the site. 2 • s The courtesy van will load and unload in the City parking lot, similar to a taxi service. The remainder of the slips will be public, operated by the City and function as accessory to the existing City recreation facility. 5) The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed site is an excellent location for the proposed boat docking facility. The community character of the adjoining parcel, as well as the land extending westerly to the Gulf of Mexico north of Rockaway Street is all open space /recreation lands which are devoted to the public's use and enjoyment of the beach and waterways. The Sandpearl Resort is a destination resort and condominium project located south of Rockaway in close proximity to the proposed boat docking facility. 6) The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. As the only adjacent upland which will be accessed by the facility is the City's recreation center, the City will be able to control access as appropriate. The use and operation of the facilities by Developer shall be in accordance with the terms ix of the Rental Agreement. The Rental Agreement provides, in part, (i) only low profile pilings and /or tie poles shall be used; (ii) no covered boat slips are allowed; N (iii) boat lifts may only be in installed in 13 of the slips; (iv) no fuel containers shall cat V) 6 be transported across the piers, nor may any refueling of vessels be done at this '-' facility; (v) City Slips may not be occupied between midnight and 5:00 a.m.; and -�-� ® (v) that Developer must provide maintenance and trash removal services and comply with minimum maintenance standards set forth in the Rental Agreement. There will be no live- aboard vessels, fueling facilities or domestic sewage pump - out facilities at the site. There will not be an attendant at the site; however a Sandpearl security guard will remain on call at all hours to come to the site. Signs will be posted with the phone number to contact the security guard. The security guard will lock the gates at midnight and unlock them at 5:00 a.m. Any vessel located in the public slips after hours is subject to citation. Components of the FDEP Clean Marina Program that will be incorporated in the facility are (i) manatee awareness and educational signs; (ii) seagrass and coral educational signs posted on the boardwalks; (iii) development of a hurricane preparedness plan; (iv) prevention of vessel maintenance and cleaning at the site; and (v) installation of signs educating boaters of proper waste disposal. There is no upland or navigational impact to the Belle Harbor development to the south. The proposed project will allow 77 feet of navigational clearance which is �3 0 9 well in excess of the 50' width recommended by -the U.S. Fish & Wildlife Service and Army Corps of Engineers. Section 3-601C3 of the Code requires a level two approval of commercial docks to comply with the following criteria: a. Use and compatibility. L The proposed dock shall be subordinate to and contribute to the comfort, convenience or necessities of the users of the occupants of the principal use of the property. The principal use of the property is a recreation center that includes a boat ramp. The proposed docking facility will complement its use. Pursuant to the terms of the Development Agreement, 15 of the boat slips will be for public use, providing convenience for those wishing to travel to the recreation center and /or nearby public beach via boat and for boaters using the public boat ramp located at the site. o LU L ii. The proposed dock shall be in harmony with the scale and o character of adjacent properties and the neighborhood in general. V. This neighborhood (north of Rockaway) is an area of the north °- z it beach that is accessible for the public's enjoyment of the beach U and waterways. The proposed location was twice approved by the City Commission by approval of the Development Agreement and by approval of the lease of the submerged land. iii. The proposed dock shall be compatible with dock patterns in the general vicinity. Sufficient turning radius exists for all anticipated vessel sizes, as a minimum of 77 feet exists between the facility and any adjacent docks. The westerly end of the facility is the closest to any existing dock and provides approximately 77 feet of navigational clearance. Navigation clearance and safety is discussed in detail in the Report. b. Impacts on existing proposed dock shall being of persons recreational and /or hinder or discourag ewater recreation activities. The use of the not adversely impact the health, safety or well currently using the adjacent waterways for commercial uses. Furthermore, it shall not the existing uses of the adjacent waterway by 4 uses including but not limited to non - motorized boats and motorized boats. As described in detail in the Report, the history of the site is that it was used as a covered docking facility from approximately 1942 to 1973. The proposed facility is smaller in size than what previously existed and is designed to be more ecologically sensitive. The proposed docking facility will serve to increase public accessibility to the existing recreation center and public beach. C. Impacts on navigation. The existence and use of the proposed dock shall not have a detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. �E ix The waterway is an artificial basin originally created by the filling of LU a surrounding submerged lands in 1926 and has historically been used as a ® yacht and boating basin. The design of the structure is consistent with the ,- CQ intended use of the area. Lq M. Sufficient turning radius exists for all anticipated vessel sizes, as a minimum of 77 feet exists between the facility and any adjacent docks. C� The westerly end of the facility is the closest to any existing dock and provides approximately 77 feet of navigational clearance. d. Impacts on marine environment. Docks shall be sited to ensure that boat access routes avoid injury to marine grassbeds or other aquatic resources in the surrounding areas. The design of the dock is a direct result of avoiding impact to the coral, seagrass and mangrove communities present at this site. ii. Docks shall not have an adverse impact upon natural marine habitats, grass flats suitable as nursery feeding grounds for marine life, or established marine soil suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life; manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat. k, 0 0 Please see the Report for discussion of avoidance of impact on natural marine habitats, including the bathymetric survey, hydrographic survey and seagrass survey included as appendices to the Report. In summary, the docking facility has been designed to completely avoid all impacts to these resources. e. Impacts on water quality. L All turning basin, access channels, boat mooring areas and any other area associates with a dock shall have adequate circulation and existing water depths to ensure that a minimum of a one foot clearance is provided between the lowest member of a vessel (e.g. skegs, rudder, prop) and the bottom of the waterbody at mean or ordinary low water ( -0.95 NGVD datum). In addition to 3 day slips, the docking facility is designed to be R capable of accommodating up to 8 boats a maximum of 26 feet - in length, 9 boats a maximum of 30 feet in length, 6 boats a CQ maximum of 38 feet in length and 16 boats a maximum of 40 feet in length. All vessels using the docking facility will have a z maximum draft of three (3) feet. The design of the facility is such that no slip is located in less than -5.4 (NGVD 1929), �- thereby providing sufficient depths for all vessels anticipated to be moored at the facility. ii. The dock shall not effectively cause erosion, extraordinary storm drainage, shoaling of channels, or adversely affect the water quality presently existing in the area or limit progress that is being made toward improvement of water quality in the area in which the dock is proposed to be located. Hydrographic studies at the site have demonstrated there will be no negative water quality impacts as a result of the project and that sufficient tidal exchange exists to allow tidal exchange of the water at the site to occur in less than four days. Water quality analysis has indicated no violations of state water quality standards. f. Impacts on natural resources. L The dock shall not have a material adverse impact upon the conservation of wildlife, marine life, and other natural resources, including beaches and shores, so as to be contrary to the public interest. n 0 0 Avoidance and minimization are discussed in detail in the Report. Turbidity barriers will be installed between the docks /walkways and sea grass areas prior to construction and will remain in place until completion of the project. Please see the discussion in the Report, as well as plan drawings. g. Impacts on wetlands habitat/uplands. The dock shall not have a material adverse affect upon the uplands surrounding. The proposed boat docks will complement the adjoining City recreation facility. As discussed in the Report, the facilities have been designed so as to not impact the existing wetland habitat. h. Dimensional standards. Setbacks. All commercial and multi -use docks shall be located so that no portion of such dock is closer to any property lines as extended into the water than ten percent of the applicant's property width measured at the waterfront property line. Multi -use private and commercial docks abutting adjacent waterfront single - family or two - family property must be setback a minimum of one -third of the applicant's waterfront property width from the adjacent waterfront single - family or two family property. 7 ii. The dock shall not have an adverse impact on vegetated areas; vegetative, terrestrial, or aquatic habitats critical to the support of listed species providing one or more of the requirements to sustain their existence, such as range, nesting or feeding grounds; habitats which display biological or physical attributes which would serve to make them rare within the confines of the City; designated preservation areas such as those identified in the comprehensive land use plan, national wildlife refuges, Florida outstanding waters or other designated ti. W areas, and bird sanctuaries. � preservation The proposed docking facility has been designed consistent with Cq the protection of the existing natural resources, including mangroves, sea grasses and coralline and non - coralline hard bottom. Unrestricted Manatee access to grasses on the site will remain open. The walkout separating the two ends of the grass beds will be elevated to +4 feet. Water depth under the walkout ranges from -4.0 to -6.7 and would allow Manatees to travel unrestricted under the walkout to reach the western end grass beds. Wading birds, fish and other fauna will continue to have access to the waterway, grass beds, and substrate of the site. g. Impacts on wetlands habitat/uplands. The dock shall not have a material adverse affect upon the uplands surrounding. The proposed boat docks will complement the adjoining City recreation facility. As discussed in the Report, the facilities have been designed so as to not impact the existing wetland habitat. h. Dimensional standards. Setbacks. All commercial and multi -use docks shall be located so that no portion of such dock is closer to any property lines as extended into the water than ten percent of the applicant's property width measured at the waterfront property line. Multi -use private and commercial docks abutting adjacent waterfront single - family or two - family property must be setback a minimum of one -third of the applicant's waterfront property width from the adjacent waterfront single - family or two family property. 7 The total area of the proposed facility is 11,343 square feet. The docking facility has been designed to meet all setback criteria. The southerly shoreline is approximately 1,024 feet, which would require that no portion of the dock be located closer than 102.4 feet to any property line. The western end of the dock begins 129 feet from the riparian property line as measured along a line parallel to the mean high water line. ii. Length. The length of commercial and multi -use docks shall not extend from the mean high water line or seawall of the applicant's property more than 75 percent of the width of the applicant's property measured at the waterfront property line. Tie poles may extend beyond the dock provided such poles do not extend 25 percent of the width of the waterway and do not constitute a navigational hazard. �i M The dock length shall not extend from the mean high water line LU � or seawall more than 75 percent of the width of the waterfront o _ property line, which would be 768 feet (75% of 1,024 feet). The proposed dock extends a maximum of 164 feet from the mean C,2 .— high water line. C r This facility, as designed, extends beyond 25 percent of the C� width of the waterway and the Applicant requests relief from this requirement. The dock drawings include a diagram which depicts the line representing 25% of the width of the waterway. The maximum amount by which the proposed dock extends beyond this line is 69 feet. The waterway is an artificial basin originally created by the filling of surrounding submerged lands in 1926 and has historically been used as a yacht and boating basin. As previously discussed, there is sufficient clearance, 77 feet at its closest location, between the proposed facility and existing docks and the proposed facility does not pose a navigational hazard. The navigational clearance is discussed in detail in the Report. iii. Width. The width of commercial and multi -use docking facilities shall not exceed 75 percent of the width of the applicant's property measured at the waterfront property line. The width of the dock may not exceed 75% of the waterfront property or 768 feet (75% of 1,024 feet). The proposed dock is a maximum of 720 feet in width. The width of the proposed facility does not exceed 75 percent of the width of the applicant's southerly waterfront property line. 0 iv. Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shingles, metal, tile or wood. Canvas and canvas life roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. There are no covered boatlifts proposed. v. Deviations. Deviations from the requirements of this section may be considered and approved by the community development board in order to comply with the review criteria established in Sections 3- 601(C)(3)(a) - -(g). As described in Criteria 2 above, the relief which is sought as to parking will not impact the adjacent City property. Section 5.03(10) of the Development Agreement specifically provides that "...all subleases or assignments shall expressly prohibit parking on the City Property during use of the Developer Boat WV4 Slips." The Rental Agreement limits the lessees of the slips to a $ Sandpearl residents, Beach Club members and Clearwater Beach residents living within a geographic area bordered on the ` CQ west b the Gulf of Mexico on the East b Clearwater Bay, on Y Y Y� a the north by Rockaway Street and on the South by Papaya =...,, 7 Street. Therefore, these lessees will all be within walking distance of the proposed marina. In addition, the Rental Agreement provides for a shuttle service from the Sandpearl to the marina for the convenience of these lessees. This facility, as designed, extends beyond 25 percent of the width of the waterway and the Applicant requests relief from this requirement. As previously discussed, there is at least 77 feet of clearance between the proposed facility and existing docks and the proposed facility does not pose a navigational hazard. The navigational clearance is discussed in detail in the Report. L Publicly owned facility. Roof structures shall be permitted on publicly owned boardwalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility, however, vertical walls shall be prohibited. No vertical walls are included in the plans for this facility; however, pursuant to requirements of the regulatory agencies, portions of the docks are to be hand - railed as to prevent .mooring of vessels outside of designated slips. N • • Section 2- 1502.A. (Preservation District, Marinas) sets forth the following criteria: 1. The parcel proposed for development is not located in areas identified in the Comprehensive Plan as areas of environmental significance including: a. The north end of Clearwater Beach; b. Clearwater Harbor grass beds; c. Cooper's Point; d. Clearwater Harbor spoil islands; e. Sand Key Park; f. The southern edge of Alligator Lake. The proposed location is not within one of these areas. 2. No commercial activities other than the mooring of boats on a rental basis shall be permitted on any parcel of land. These setbacks do not apply. 4. The use of the parcel proposed for development will not involve direct access to an arterial street. The proposed facility will be accessed via Baymont Street or the waterway. Section 3 -603 (Marinas and marina facilities) sets forth the following criteria: A. All proposed activities, including, but not limited to, fueling, pumping - out, chartering, living- aboard, launching, dry storage and the servicing of boats, motors and related marine equipment shall require approval in accordance with the provisions of the zoning district in which the marina or marina facility is proposed to be located. None of these activities are proposed. B. For marina facilities located adjacent to residential districts, no fueling or launching facilities shall be located within 20 feet of the residential 10 There are no commercial activities proposed. U U3 ,l— iE �Z 3. Setbacks: a. The reduction in front setback contributes to a more active and it C',2 dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; ��- c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance. These setbacks do not apply. 4. The use of the parcel proposed for development will not involve direct access to an arterial street. The proposed facility will be accessed via Baymont Street or the waterway. Section 3 -603 (Marinas and marina facilities) sets forth the following criteria: A. All proposed activities, including, but not limited to, fueling, pumping - out, chartering, living- aboard, launching, dry storage and the servicing of boats, motors and related marine equipment shall require approval in accordance with the provisions of the zoning district in which the marina or marina facility is proposed to be located. None of these activities are proposed. B. For marina facilities located adjacent to residential districts, no fueling or launching facilities shall be located within 20 feet of the residential 10 • . property line, and no fueling or servicing of boats shall occur at such marinas after 9:00 p.m. or before 6:00 a.m. No fueling, servicing or launching facilities are proposed. C. No fuel storage facility or sanitary pump -out station holding tank shall be located over water. No fuel storage facility or sanitary pump -out station is proposed. D. The marina shall pose no hazard or obstruction to navigation, as determined by the harbormaster. Sufficient turning radius exists for all anticipated vessel sizes, as a minimum of 77 feet exists between the facility and any adjacent docks. The westerly end of the facility is the closest to any existing dock and provides approximately 77 feet of navigational clearance. F. Adequate sanitary facilities shall be provided landside and a sanitary pump -out station shall be provided and shall be available to marina users 24 hours a day. Public restrooms are located at the existing recreation center. No pump -out station is proposed. G. A manatee protection plan shall be provided and appropriate speed zone signs shall be posted to control boat speed for manatee protection. Please see the Report for discussion of manatee protection. Signs will be posted. H. Adequate spill containment areas shall be provided on the property. No fueling will occur at this location I. Design of the marina shall maintain existing tidal flushing and aquatic circulation patterns. 11 Navigation clearance and safety is discussed in detail in the Report. �- o � E. The marina shall not adverse) affect the environment, including both Y N onshore and offshore natural resources. ,._ Please see the Report for discussion of avoidance of impact on natural marine habitats, including the bathymetric survey, hydrographic survey and toseagrass survey included as appendices to the Report. The docking facility 0- has been designed to completely avoid all impacts to natural resources. F. Adequate sanitary facilities shall be provided landside and a sanitary pump -out station shall be provided and shall be available to marina users 24 hours a day. Public restrooms are located at the existing recreation center. No pump -out station is proposed. G. A manatee protection plan shall be provided and appropriate speed zone signs shall be posted to control boat speed for manatee protection. Please see the Report for discussion of manatee protection. Signs will be posted. H. Adequate spill containment areas shall be provided on the property. No fueling will occur at this location I. Design of the marina shall maintain existing tidal flushing and aquatic circulation patterns. 11 • 0 Please see the Report for discussion of the design of the facility relative to existing conditions and natural resources. J. In the event of conflict between these standards and federal or state law or rules, the federal or state law or rules shall apply to the extent that these standards have been preempted, otherwise, the more stringent regulations shall apply. Acknowledged. #395771 v4 - SBndpearl /Docks /Ex B to Flex App 12 5 W C= 0 o tij z`= � •.� 0 12 0 0 63,'VM8V377 30 klo INNAi p?oH43(3 9N!NN 7d (73AG314 TvNioldo LIU wo 777, IL . V A114- iw ilk Inc,_ r • 181001 �A oo ��.EPRW PEER t ;1 0 0 C_3 NO TH I 1 inch equals 100 feet ]�wALL ! L X ,Emwr uxz Clearwater Recreation Center 69 Bay Esplanade Clearwater, FL m M MANGROVES i; mpmxwn S L 'nnl- sup I„ =suP /,z sw i,9 — �limdt, Innll 111 �mmmmmmmmlmmn 113 IB suP11h� = _ ("p sL1 Y5n 9 �' ISUP I 1 IIII IIaIn11111111 SUP I,B 5pp d mlminlmnnulll ............ nnM1M1 �lll.IIII z IIIIIIIIIIIIIIIII IIIIIII SUP I, = PNw, r` — sw is SUP Ita ii Su INI SSUP = /` n SUP nB z 9y t]•_9 Ian sLw Ma _BTn �u°In''nlllll, nnll II ilPn�ll� Innnn . 69 foot exceedcnce of 25% I— .a• -o-m —+ o�nBS�, B.s„_ s"P I] ;'nB�yy Illlppllll Y: ea•_e su.. I� B� rSUP /� O uN a „,4,s -1— s� I' ] EV ,s. Illm )Illumnlb mmn bnold� lI's „ s•,../mnnlnmxnnnl t -19Th SLW /311 Ua'tUP I9s• 1B I ,s -LMS�P 'is SUP � � /�j I- ti0' -9"m� �- ]9•- OTTt--- a0'- 0 °u�-- X36' -0'Slr] lB�l ~ / it RV L L ^, V.+ IIIFP I'7 NAVIGABLE WATER OF PPROBLE W ER IK' OiTERXAT _� �j Waterway Width Agent: Delta Seven, Inc Contact: Ryan Oliver PO Box 3241 St. Petersburg, FL 33731 727 - 823 -2443 - ph 727 -550 -2513 - fx • L� NO TR 1 1 inch equals 100 feet Y -S• xnxoxa� su %, + P q. IP /B SLIP /16 V SLIP /,2 R -b• - I - x SLI %, SUP /1> '-SUP /], BC- P/9,5 SLI 1 Sup /,B sUP122 LIP /, nu6GWaL B `" SLIPI,B SUP 123 PIU__ PAxDBA 1L- h•IP).TJ LIPIIS .V SLIP /2 SLIP /5 \ ,5• -y. SUP /20 O SLIP /R. W4 Myp) SLIP /J SLIP /T —u L�.D• Lays up /. uP /0 B s � s SLIP /S O ,5'= LIP /9 �5iOPTME SUPS 2 t0— RB' --LI wATfRWAY T T APPROXIMATELIMITS r uxc I ' I OFNAVIGABLEWATER Clearwater Recreation Center 69 Bay Esplanade Clearwater, FL Maximum Length 165 feet+/ — MANGROVES Maximum Dock Length PPROXIMATELIMITS O FNAVIGABLEWATER Agent: Delta Seven, Inc Contact: Ryari Oliver PO Box 3241 St. Petersburg, FL 33731 727 - 823 -2443 - ph 727 -550 -2513 - fx SUP /10 3 supp, —Pi 2 suuw,. G 1 suw,J sLIPn! G ' 0 7_ a Agent: Delta Seven, Inc Contact: Ryari Oliver PO Box 3241 St. Petersburg, FL 33731 727 - 823 -2443 - ph 727 -550 -2513 - fx • • 1 inch equals 100 feet EzI5T1N6FAWALL -s�uPs Sand Pearl hotel use Daly Clearwater Recreation Center 69 bay Esplanade Clearwater, FL SUP/1) SLIP /2f SLIP/I /it/it P //' '•SLIP 1 SLIP /19 SLIP /22 ]0 S ems' I!' 9' —P. /20 2 SLIP04 , 1S 9• L_ /p�� SLIPIJ SLIP /l Smd Pearl slips for lease to residents, Heath Club members, local residents � r I!' -9• SLIP /5 N MANGROVES Hotel vs. Public Slips PPRO %IMATEUMITS OFNAVI GABLEWATER SLIP /9 SUP /19 .mm= SUP /2 /�� i SLIP /11 SUZ#13 0®1. JI 1!' 0' Is'L sUP11J 5UPn5 19 Use S*— Agent: Delta Seven, Inc Contact: Ryan Oliver PO Box 3241 St. Petersburg, FL 33731 727 - 823 -2443 - ph 727 -550 -2513 - fx Z 3 f4l LU 00 tJ1 LL n C a IOCNFD CATE II / n HAtaM9 `5 /uAE /��(Cd / X40 atANRA4 / / 'U•5 SPRY ENTRY BICN ♦ALKIIAY 3 99AJRDY 0 L ----------- 690 feet. shorelne - Agent: Delta Seven, Inc '818 fOCA® GATE Contact: Ryan Oliver /1 fin' -1 Docking Facility Applicant: City of Clearwater PO Box 3241 St. Petersburg, FL 33702 /� �.._ _ L� ""' 1 inch equals 100 feet 727- 823 -2443 - ph I 727 -550 -2513 - fx Yn acw An 26• slrp /1a 9L@ /1 aiP /19 alp /21 /n. . IS 9' 1 a8 /tn 9IIP /aa nn' P9dHQ� a1P /3 1n' a8 /I2 a8 /p . W 918 /2 Snip !n 16._a. 4 T �4p' --1 �4n' fin' 91JP /9 91.n' 19.1 931P 14 alp /n 15'3' — — — — — — — — — — ---- u II II II II II II II I1� I S�J_58 feet shoreline •aJP /In I alp• oil p•_1 •� i12 alp /14 •J • I a8 /19 a8 its • AS 4trabrJt ORIGINAL RECrNED JUN 181007 pLANNiNG DEFAR i AEN1 CITY OF CLEARWATER Agent: Delta Seven, Inc Clearwater Recreation Center Contact: Ryan Oliver 50 10 0 Docking Facility Applicant: City of Clearwater PO Box 3241 St. Petersburg, FL 33702 /� �.._ _ L� ""' 1 inch equals 100 feet 727- 823 -2443 - ph 727 -550 -2513 - fx 0 IAL1lED I Q 1 ,at.. mot, .r<, ;. •f.:.:.�� ,:ZS�. 0 L ----------- Dock width 720 feet U II it II II II II II I11 NMN LNe IIn nr. -n. -wr — C)RIGIN4 P.E SIVED 49 ZQOI P CIVDE?R`NE1 0 EA , Agent: Delta Seven, Inc Clearwater Recreation Center Contact: Ryan Oliver 0 50 100 Docking Facility Applicant: City of Clearwater PO Box 3241 St. Petersburg, FL 33702 � 1 inch equals 100 feet 727 - 823 -2443 -ph 727 -550 -2513 - fx • �Alft 'nQ JNWNVM ooz d r l°nr • :J V j A7 NZ 9 Nb1d c0 °z r ��r. *i3o3a ft/6 , • mglVM.aV317 40 UO 1N2MV, 4-30- f-N►NNY14 LOU 8 T 1I r r r 1 RIPARIAN 11NE +/ �r ® EXISTING DOCKS NOTE: ELEVATIONS ELEVATIONS REFER TO NGVD II SURVEY II PROVIDED BY FORESIGHT SURVEYORS, INC. .APPROXIMATE SEE ATTACHMENT e M1° s M1' S a� II ' MHWL NON- CORALLINE o ,h SEA GRAy4S BEDS ,7.IVE BOTTOM a COjiAL ° h4 II h^ UPLAND DECK EXISTING U ,o• ,. (APPROXIMATE +II I 6 , JLOCATION) SEAWALL 498 � SEA CRSS REDS IiI t SEA GRASS BEDS I y6 )I 56 66 ,6� 6� M1 SEA GRASS e7DS II 66 0 +4.76 +4.59 pp _ '0 P ,9a +3.71 G �'o-M1 ,60 ' +3.73 EXISTING DOCK •� "p TO BE REMOVED -° i. �y ,6h +3.71 �1 a } '6 -1 h ., ^1 0 6h 6h yh Al A '6M '1/ M1 iM1r• '0 • i 6 �'4 �' 6 ,'l0 0 11 1 '' '6p M1 0 0 TA'T&RIJY DN6 0,6 6 I RIPARIAN LINE +/- DOCK %' s6 '6> 6y } '6 d LLy 51 ' 60 7i 09 A h� ah ,h ____ �_ 1—. ' M1 S 1 d ,a 06 EXISTING DOCK \ CONCRETE SEAWALL (TYPICAL) ' D D REUBEN CLARSON, P.E. FL. P.E. No. 16313 CONSTRUCTION REUBEN CLARSON CONSULTING, INC DATE: 01/12/20-7 FILE: WATERLINE CONSTRUCTION, INC. C/O DELTA SEVEN, INC. EXISTING CONDITIONS PROJECT NUMBER CADD FILE 4408 Grady Ave. N Clearwater Recreation Center P.O.B -3241 WA'TF.RI.INF� Tampa FL 33614 sl.PeenbupFl3373, SCALE 1 "= 100' 0 ELEV. +3.72' -4" ACCESS WALKWAY 1 40 LOU 8 T liill OM6aM °VIIONO t.rVV +072' 72' ) APPROX. MHWL ELEV. +1.28' ) APPROX. MLWL ELEV. -0.69' REUBEN CLARSON, P.E. FL. P.E. No. 16313 ARSON CONSULTING, INC : 01/12/2007 n E: WATERUNE CONS CONSTRUCTION REUBEN CL C/O DELTA SEVEN, INC. WALKWAY 1 PROFILE DATE PROJECT NUMBER CADD RLE 4408 Grady Ave. N Clearwater Recreation Center P.0.B.3241 SCALE 1 "= 10' W� :TEI�LIT[E- '� Tampa FL 33614 SLFs�embTrggFL33731 _ _ _ - -- 0 l� u W A'TFR L,WF. _._. ALL FRAMING MATERIAL WILL BE .60 ACQ ATE—D. LITRE— 8 —may I TOP RAIL'TO BE 2 "X6" COMPOSITE BOARDWALK 4 "X4" POST SPACED 5' O.C. 2 "X6" SIDE RAIL ALL POST;ATTACHED USING 6 "Xf GALVANIZED BOLTS. ALL PILINGS WILL BE 2.5 CCA TREATED. PILINGS WILL BE JETTED AND HAMMERED WITH A MIN. OF 10' PENETRATION. --- -- - --- - - - - - -- - - - - - -- ----------------- ------- ALL PILINGS TO BE 8" TIP - ENCASED IN PVC WRAP CONSTRUCTION 4408 Grady Ave. N Tampa FL 33614 CROSS SECTION B —B (TYP.) DECKING WILL BE 2 "X6" COMPOSITE AND WILL P° 6' FASTENED WI1 �- — STAINLESS STEEL SCREW COMMON WALKWAY ALL STRINGERS WB BE 2 "X10" SPACED 18" ON CENTER DOUBLED ON THE 2 "X10" PILE CAP! WILL BE DOUBLE] AND BOLTED WIT] GALVANIZED BC CROSS SECTION CROSS SECTION C —C (TYP.) D —D (TYP.) a3i'ma'V310 40 910 1t1?yq IMY, 02 EON"' LOOZ IVNIMO ELEV. +9.72' ELEV. +4.72' -- NGVD APPROX. MEWL ELEV. +1.28' NGVD APPROX. MLWL ELEV. -0.69' REUBEN CLARSON CONSULTING, INC DATE: 01/12/2007 C/O DELTA SEVEN, INC. CROSS SECTIONS PROJECT NUMBER Clearwater Recreation Center 5 Peler3241FL33731 ^SCALE 1"= 10' REUBEN CLARSON, P.E. FL. P.E. No. 16313 -E: WATERLINE CONSTRUCTION, INC. CADD FILE WATERLINE--_ ACCESS WALKWAY 2 - -- - - - - — -- - - - - -- PROFILE E —E w4ac fetni lea t00Z 8 Z _Mello -0 ----1 BOARDWALK ELEV. +9.72' ELEV. +4.72' REUBEN CLARSON, RE FL. P.E. No. 16313 REUBEN CLARSON CONSULTING, INC DATE: 01 /12/2007 LE: CONSTRUCTION WALKWAY 1 PROFILE PROJECT NUMBER WA LCADD Fl��UCT ON, INC. 4406 Grad Ave. N C/O DELTA SEVEN, INC. Y Clearwater Recreation Center P.O.9av3241 SCALE 1 "= 10' Tampa FL 33614 SaF PeeTU g�L 3373, _ 55' OF UPLAND �— WAL MAY TO — CONCRETE PARKING �— LOT ELEV. +8.9C ELEV. WATERLINE--_ ACCESS WALKWAY 2 - -- - - - - — -- - - - - -- PROFILE E —E w4ac fetni lea t00Z 8 Z _Mello -0 ----1 BOARDWALK ELEV. +9.72' ELEV. +4.72' REUBEN CLARSON, RE FL. P.E. No. 16313 REUBEN CLARSON CONSULTING, INC DATE: 01 /12/2007 LE: CONSTRUCTION WALKWAY 1 PROFILE PROJECT NUMBER WA LCADD Fl��UCT ON, INC. 4406 Grad Ave. N C/O DELTA SEVEN, INC. Y Clearwater Recreation Center P.O.9av3241 SCALE 1 "= 10' Tampa FL 33614 SaF PeeTU g�L 3373, _ NFPA 303 CHAPTER 4 CHAPTER 4 MANAGEMENT 4.1' SMOKING RESTRICTIONS. 4.1.1 SMOKING SMALL BE PROHIBITED IN THE FOLLOWING AREAS: (1) WHERE FUELS AND OTHER FLAMMABLE LIQUIDS ARE STORED OR DISPENSED (2) COVERED OR ENCLOSED BOAT STORAGE AREAS (3) BATTERY ROOMS (4) LOCATIONS DESIGNATED BY MANAGEMENT OR THE AUTHORITY HAVING JURISDICTION 4.1.2 "NO SMOKING' SIGNS SHALL BE POSTED IN THE AREAS IDENTIFIED IN 4.1.1. 4.2 MAINTENANCE OF FIRE -FIGHTING EQUIPMENT AND SYSTEMS, A MAINTENANCE PROGRAM THAT REQUIRES PERIODIC INSPECTION, TESTING, AND OPERATION OF FIRE - FIGHTING EQUIPMENT AND SYSTEMS AND. ENSURES ACCESS TO ALL PARTS OF THE FACILITY FOR FIRE - FIGHTING PERSONNEL SHALL BE ADOPTED. 42.1 ALL FIRE - FIGHTING EQUIPMENT AND SYSTEMS SHALL BE INSPECTED AND TESTED AT REGULAR INTERVALS. 4.2.1.1 FIRE EXTINGUISHERS SHALL BE INSPECTED AT LEAST ANNUALLY 4.2.2 FIRE DEPARTMENT ACCES& 422.1 THE FIRE DEPARTMENT SHALL HAVE ACCESS TO FENCED, GATED, OR LOCKED GROUNDS OR PIERS. 4.222 APPROPRIATE MEANS OF ACCESS SUCH AS KEYS, CARDKEYS, OR COMBINATIONS SHALL BE PROVIDED TO THE FIRE DEPARTMENT OR SHALL BE PERMITTED TO BE SECURED IN A LOCK BOX ON THE PREMISES ACCESSIBLE TO THE FIRE DEPARTMENT. 4.22.3 THE FIRE DEPARTMENT SHALL BE NOTIFIED IMMEDIATELY OF ANY CHANGES IN THE MEANS OF ACCESS. 4.3' EMPLOYEE TRAINING. 4.3.1' PRACTICE DRILLS SHALL BE HELD AT LEAST TWICE A YEAR. 4.3T ALL EMPLOYEES SHALL KNOW THE LOCATION OF FIRE - FIGHTING EQUIPMENT. 4.3.3 EACH EMPLOYEE SHALL BE INSTRUCTED IN THE PROCEDURES FOR RESPONDING TO AFIRE. RESPONDING TO A FIRE ALARM, AND REPORTING A FIRE TO THE PROPER AUTHORITIES (AND TO DESIGNATED .FACILITY EMPLOYEES), AS WELL AS THE EMPLOYEE'S DESIGNATED ROLE(S) IN PREFIRE PLANNING MATTERS, (SEE SECTION 4.4.) 4.3A ALL EMPLOYEES, INCLUDING OFFICE PERSONNEL, SHALL BE GIVEN TRAINING IN THE USE OF PORTABLE FIRE EXTINGUISHERS. 4A FIRE DEPARTMENT LIAISON. 4.4.1 THE LOCAL FIRE DEPARTMENT SMALL VISIT THE FACILITY ANNUALLY TO BECOME ACQUAINTED WITH EVERY PART OF THE FACIUTY AND TO CONDUCT EMPLOYEE TRAINING SESSIONS, 4.42 MANAGEMENT SMALL ASSIST THE FIRE DEPARTMENT IN PREFIRE PLANNING FOR THE FOLLOWING: (1) ENTRIES AND ACCESS ROUTES FOR EQUIPMENT WITHIN THE PREMISES (2) LOCATION, CONSTRUCTION, USE, AND ACCESSIBILITY OF ALL BUILDINGS AND ALL THEIR SUBDIVISIONS INCLUDING BASEMENTS AND STORAGE LOCKERS (3) LOCATION AND EXTENT OF OUTSIDE WORKING AREAS (4) LOCATION AND MEANS OF ACCESS TO BOTH DRY AND WET BOAT STORAGE AREAS (5) TYPE AND CAPACITY OF WATER LINES ON PIERS AND WALKWAYS, INCLUDING ALL POINTS WHERE CONNECTION OF HYDRANT OR PUMPER SUPPLIES CAN BE AFFECTED (6) TYPES AND CAPACITIES OF FACILITY EQUIPMENT, INCLUDING WORK OR TOW BOATS, PORTABLE PUMPS, PIER - MOUNTED HOSE CABINETS, AND ALL PORTABLE FIRE EXTINGUISHERS (7) VOLTAGES AND CAPACITIES OF ELECTRICAL SYSTEMS AND LOCATION OF ELECTRICAL DISCONNECTING MEANS NO. PLANNiING DEPAWTIMiENT CITY OF CLEARWATER NFPA 303 CHAPTER 4 CHAPTER 4 MANAGEMENT 4.5.1 SIGNS, POSTERS, OR POSTED INSTRUCTIONS SHALL BE PROVIDED WHERE PRACTICABLE TO REMIND THE PUBLIC OF BASIC FIRE SAFETY PRACTICES AND TO WARN OF UNUSUAL OR EXTREME FIRE HAZARDS. 4.52 ALL BOAT OWNERS AT THE MARINA SHALL BE PROVIDED WITH WRITTEN INSTRUCTIONS FOR REPORTING FIRES AND OTHER EMERGENCIES AND ACTIONS TO BE TAKEN IN THE EVENT OF A FIRE. 4.7 OPEN -FLAME DEVICES. OPEN-FLAME DEVICES USED FOR LIGHTING OR DECORATION SHALL NOT BE USED ON A FLOAT, PIER OR BULKHEAD UNLESS APPROVED BY THE AUTHORITY HAVING JURISDICTION. NFPA 303 CHAPTER 6 6.6 HYDRANTS AND WATER SUPPLIES. HYDRANTS AND WATER SUPPLIES FOR FIRE PROTECTION IN MARINAS AND BOATYARDS SHALL BE PROVIDED IN ACCORDANCE WITH NFPA 13, STANDARD FOR THE INSTALLATION OF SPRINKLER SYSTEMS; NFPA14. STANDARD FOR THE INSTALLATION OF STANDPIPE AND HOSE SYSTEMS; AND NFPA 24, STANDARD FOR THE INSTALLATION OF PRIVATE FIRE SERVICE MAINS AND THEIR APPURTENANCES. 6.8 MAINTENANCE. ALL SPRINKLER SYSTEMS, STANDPIPE SYSTEMS, WATER SUPPLY FACILITIES, AND FIRE PUMPS SHALL BE MAINTAINED IN ACCORDANCE WITH NFPA 25. STANDARD FOR THE INSPECTION, TESTING, AND MAINTENANCE OF WATER -BASED FIRE PROTECTION SYSTEMS. 307.11 CHAPTER 7 WATER SUPPLY FOR FIRE PROTECTION 7.1 HYDRANTS AND HOSE CONNECTION8. 7.1.1 A SUFFICIENT NUMBER OF ACCESSIBLE HYDRANTS OR 84 -MM (21/2 IN.) HOSE OUTLETS SHALL BE PROVIDED ON OR IMMEDIATELY ADJACENT TO EVERY PIER, WHARF, OR MARINE TERMINAL YARD FOR USE BY PUBLIC OR PRIVATE FIRE DEPARTMENTS FOR EXTINGUISHING LARGE STRUCTURE AND CONTENTS FIRES AND FOR USE IN PROVIDING EXPOSURE PROTECTION. 7.12 THE NUMBER AND LOCATION OF HYDRANTS AND HOSE CONNECTIONS SHALL BE DETERMINED BY THE AUTHORITY HAVING JURISDICTION BUT SHALL NOT BE SPACED FURTHER APART THAN 90 M (300 FT) OR MORE THAN 45 M (150 FT) FROM A DEAD-END AREA 7.2.4 PIPING, PUMPS, AND OTHER FACILITIES SHALL BE DESIGNED AND INSTALLED IN ACCORDANCE WITH THE REQUIREMENTS OF NFPA20, STANDARD FOR THE INSTALLATION OF STATIONARY PUMPS FOR FIRE PROTECTION; NFPA 22, STANDARD FOR WATER TANKS FOR PRIVATE FIRE PROTEC7ION: AND NFPA 24, STANDARD FOR THE INSTALLATION OF PRI VATE FIRE SERVICE MAINS AND THEW APPURTENANCES. 7.2.5' FIRE DEPARTMENT PUMPER CONNECTIONS AND SIMILAR SUPPLEMENTAL OR AUXILIARY SUPPLIES THAT UTILIZE NONPOTA13LE WATER OR WATER SOURCES OTHER THAN THE PUBLIC WATER SYSTEM SMALL CONFORM TO LOCAL AND STATE LAWS AND REGULATIONS. 2= 613MON r Recreation Center DRAWN BY: (DATE: -LI SCALE: CHECKED BY: DATE: 1 MICHAEL J. GAYLOR P.E. CERTIFICATE OF AUTHORIZATION NO. 26180 NFPA 14 CHAPTER 4 CHAPTER 4 SYSTEM COMPONENTS AND HARDWARE 4.1' GENERAL. 4.1.1 STANDPIPE SYSTEM COMPONENTS AND HARDWARE SHALL BE N ACCORDANCE WITH THIS CHAPTER. 4.1.2 ALL DEVICES AND MATERIALS USED IN STANDPIPE SYSTEMS SHALL BE LISTED. EXCEPT AS PERMITTED IN 4.1.3. 4.1.3 COMPONENTS THAT DO NOT AFFECT SYSTEM PERFORMANCE SUCH AS DRAIN PIPING, DRAIN VALVES, AND SIGNS SHALL NOT BE REQUIRED TO BE LISTED, 42 PIPE AND TUBE. 42.1 PIPE OR TUBE USED IN STANDPIPE SYSTEMS SHALL MEET OR EXCEED ONE OF THE STANDARDS IN TABLE 4.2.1 OR SHALL BE IN ACCORDANCE WITH 4.2.2 THROUGH 4.2.6. 4.2.2 WHERE DUCTILE IRON PIPE IS INSTALLED IN ACCORDANCE WITH TABLE 4.2.1, IT SHALT. BE LINED IN ACCORDANCE WITH AW WA C104, CEMENT - MORTAR UNING FOR DUCTILE -IRON PIPE AND FITTINGS FOR WATER. 42.3 WHERE STEEL PIPE SPECIFIED IN TABLE 4.2.1 IS USED AND JOINED BY WELDING AS SPECIFIED IN SECTION 4.4 OR BY ROLL-GROOVED PIPE AND FITTINGS AS SPECIFIED IN SECTION 4.4, THE MINIMUM NOMINAL WALL THICKNESS FOR PRESSURES UP TO 300 PSI (20.7 BAR) SHALL BE IN ACCORDANCE WITH SCHEDULE 10 FOR PIPE SIZES UP TO 51N. (127 MM), 0.134 IN. (3.40 MM) FOR 8 IN. (150 MM) PIPE, AND 0.108 IN. (4.78 MM) FOR 8 IN. AND 101N, (203 MM AND 254 MM) PIPE. 42,3.1 PRESSURE LIMITATIONS AND WALL THICKNESS FOR STEEL PIPE LISTED IN ACCORDANCE WITH 42.5 SHALL BE IN ACCORDANCE WITH THE LISTING REQUIREMENTS. 42.4 WHERE STEEL PIPE SPECIFIED IN TABLE 4.2.11S JOINED BY THREADED FITTINGS AS SPECIFIED N SECTION 4A OR BY FITTINGS USED WITH PIPE HAVING CUT GROOVES, THE MINIMUM WALL THICKNESS SHALL BE IN ACCORDANCE WITH SCHEDULE 30 [SIZES B IN. (203 MM) AND LARGER) OR SCHEDULE 40 [SIZES LESS THAN B IN. (203 MM)) PIPE FOR PRESSURES UP TO 300 PSI (20.7 BAR} 4.2A.1 PRESSURE LIMITATIONS AND WALL THICKNESSES FOR STEEL PIPE SPECIALLY LISTED IN ACCORDANCE WITH 42.6 SHALL BE IN ACCORDANCE WITH THE LISTING REQUIREMENTS. 42,5 COPPER TUBE AS SPECIFIED IN THE STANDARDS REFERENCED IN TABLE 42.1 SHALL HAVE A WALL THICKNESS OF TYPE K L, ORMWHERE USED IN STANDPIPE SYSTEMS. 42.6 OTHER TYPES OF PIPE OR TUBE INVESTIGATED FOR USE IN STANDPIPE INSTALLATIONS AND LISTED FOR THIS SERVICE, INCLUDING, BUT NOT LIMITED TO, STEEL DIFFERING FROM THAT PROVIDED IN TABLE 4.2.1, SHALL BE PERMITTED WHERE INSTALLED IN ACCORDANCE WITH THEIR LISTING LIMITATIONS, INCLUDING INSTALLATION INSTRUCTIONS. CLASS 1 WET STAND PIPE SYSTEM WITH PRIMARY TIE TO EXISTING 6' CITY OF CLEARWATER MAIN WITH 8x4 WET TAP. SYSTEM CONSISTS OF 4" PVC C -900 DR14 FIRE MAIN LINE WITH FDC 75 FEET FORM AND EXISTING CITY OF CLEARWATER FIRE HYDRANT. THE SYSTEM FEEDS SEVEN 2 1/2` FIRE HOSE CONNECTIONS. SYSTEM RATED AT 150 PSI AT 500 GPM FOR 4 HOURS. g0.9PH ZVE NALOFFICEPARK 21764 STATE ROAD 54, LUTZ. FL 33548 1 DATE: 3/30/07 SHEET 1 OF 6 I PRl11F_ Nn f1'lA- FIRE LINE CONSTRUCTION PLAN NOTES • • CERTIFIED PROFESSIONAL ENGINEER STATE OF FLORIDA NO. 13098 WATER SYSTEM NOTES: 1. SANITARY SEWERS, FORCE MAINS, AND STORM SEWERS CROSSING WATER MAIN SHALL BE LAID TO PROVIDE A MINIMUM VERTICAL DISTANCE OF 18 INCHES BETWEEN THE INVERT OF THE UPPER PIPE AND THE CROWN OF THE LOWER PIPE WHENEVER POSSIBLE. WHERE SANITARY SEWERS, FORCE MAINS, RECLAIMED WATER MAINS AND STORM SEWERS MUST CROSS A POTABLE WATER MAIN WITH LESS THAN 18 INCHES VERTICAL DISTANCE: (1.) BOTH THE SEWER AND THE WATER MAIN SHALL BE CONSTRUCTED OF DUCTILE IRON PIPE (DIP) AT THE CROSSING. (DIP IS NOT REQUIRED FOR STORM SEWERS IF IT IS NOT AVAILABLE IN THE SIZE PROPOSED / ALSO, A SANITARY SEWER OR FORCE MAIN MAY BE C900 PVC AT THE CROSSING) SUFFICIENT LENGTHS OF DIP MUST BE USED TO PROVIDE A MINIMUM SEPARATION OF 10 FEET BETWEEN ANY TWO JOINTS (2) ALTERNATIVELY, ONE OF THE CROSSING MAINS SHALL BE ENCLOSED WITH A 20 FOOT LONG STEEL OF PVC CASING CENTERED ON THE CROSSING. WHERE WATER MAIN CROSSES BELOW SEWER MAIN, ENCASEMENT OF BOTH MAINS IS MANDATORY. ALL JOINTS ON THE WATER MAIN WITHIN 20 FEET OF THE CROSSING MUST BE LEAK FREE AND MECHANICALLY RESTRAINED. A MINIMUM VERTICAL CLEARANCE OF 6 INCHES MUST BE MAINTAINED AT THE CROSSING. ALL CROSSING SHALL BE ARRANGED SO THAT THE SEWER PIPE JOINTS AND THE WATER MAIN JOINTS ARE EQUIDISTANT FROM THE POINT OF CROSSING (PIPES CENTERED ON THE CROSSING). WHERE A NEW PIPE CONFLICTS WITH AN EXISTING PIPE, THE NEW PIPE SHALL BE CONSTRUCTED OF DIP AND THE CROSSING SHALL BE ARRANGED TO MEET THE REQUIREMENTS ABOVE PARALLEL INSTALLATIONS 2. ALL WATER MAINS SHALL HAVE A MINIMUM OF 36 INCHES OF COVER. 3. ALL ON -SITE PVC WATER MAINS 4-12 INCHES SHALL BE ACCORDANCE WITH AWWA C -900 STANDARDS DR14 (CLASS 150) AND HAVE THE O.D. DUCTILE IRON, 4. ALL DUCTILE IRON PIPE SHALL CONFORM TO THE REQUIREMENTS OF ANSI STANDARDS A21.51, MINIMUM CLASS 50. 5. RESTRAINTS SHALL BE PROVIDED AT ALL FITTINGS AND HYDRANTS AS SHOWN ON DETAILS AND WITH PRECAST THRUST BLOCKS AT EVERY CHANGE IN DIRECTION. 6. ALL PCV WATER MAINS 4' THROUGH 12' SHALL BE IN ACCORDANCE WITH AWWA C-900. PIPE SHALL BE CLASS 150 AND MEET THE REQUIREMENTS OF SDR 141N ACCORDANCE WITH ASTM D -2241. 7. MATERIALS AND CONSTRUCTION METHODS FOR WATER DISTRIBUTION SYSTEM SHALL BE IN ACCORDANCE WITH THE LOCAL AUTHORITY HAVING JURISDICTION CODES, PLANS, AND SPECIFICATIONS FOR CONSTRUCTION, LATEST REVISION THEREOF AND SUPPLEMENTAL SPECIFICATIONS THERETO. APPROVAL AND CONSTRUCTION OF ALL POTABLE WATER SERVICE MAIN EXTENSIONS AND CONNECTIONS MUST BE COORDINATED THROUGH THE LOCAL GOVERNING AGENCY. EROSION / SEDIMENT CONTROL NATURAL RESOURCE PROTECTION: 1. EROSION CONTROL: THE CONTRACTOR IS TO PROVIDE EROSION CONTROUSEDIMENTATION BARRIER (HAY BALES OR SILTATION CURTAIN), AS SHOWN ON PLANS, AND AS REQUIRED TO PREVENT SILTATION OF ADJACENT PROPERTY, STREETS, STORM SEWERS, WETLANDS, AND WATERWAYS. IN ADDITION, THE CONTRACTOR SHALL PLACE STRAW, MULCH, GRAVEL, OR OTHER SUITABLE MATERIAL ON THE GROUND, AS REQUIRED, IN AREAS WHERE CONSTRUCTION RELATED TRAFFIC IS TO ENTER AND EXIT THE SITE. IF, IN THE OPINION OF THE ENGINEER AND /OR LOCAL AUTHORITIES EXCESSIVE QUANTITIES OF EARTH ARE TRANSPORTED OFF -SITE, EITHER BY NATURAL DRAINAGE OR BY VEHICLE TRAFFIC, THE CONTRACTOR IS TO REMOVE AND CLEAN SAID EARTH TO THE SATISFACTION OF THE ENGINEER AND /OR LOCAL AUTHORITIES. EROSION CONTROL BARRIERS MUST BE ERECTED PRIOR TO LAND ALTERATION, INSPECTED DAILY AND MAINTAINED EFFECTIVELY DURING CONSTRUCTION, THEN REMOVED FOLLOWING SOIL STABILIZATION. ALL EROSION SEDIMENT AND STORMWATER CONTROLS SHALL CONFORM TO THE FLORIDA STORMWATER EROSION AND SEDIMENTATION CONTROL INSPECTORS MANUAL. 2. DURING LAND ALTERATION AND CONSTRUCTION ACTIVITIES, IT SHALL BE UNLAWFUL TO REMOVE VEGETATION BY GRUBBING OR TO PLACE SOIL DEPOSITS, DEBRIS, SOLVENTS, CONSTRUCTION MATERIAL, MACHINERY, OR OTHER EQUIPMENT OF ANY KIND WITHIN THE COUNTY RIGHTS -OF -WAY. 3. CONTRACTOR SHALL SPRINKLE OR OTHERWISE APPLY WATER TO AFFECTED CONSTRUCTION AREA TO CONTROL BOTH SIGNIFICANT WIND EROSION OR FUGITIVE DUST. 4. REQUIRED TREE BARRICADES AND EROSION CONTROL MEASURES MUST REMAIN INTACT THROUGHOUT CONSTRUCTION. ENCROACHMENT INTO OR FAILURE TO MAINTAIN TREE BARRICADES WILL RESULT IN ENFORCEMENT ACTION WHICH MAY INCLUDE CITATIONS AND /OR PERMIT REVOCATION. 5. ALL TRIMMING UNDERTAKEN ON A TREE PROTECTED BY THE PROVISIONS ON THE LAND DEVELOPMENT CODE SHALL BE IN ACCORDANCE WITH THE NATIONAL ARBORIST ASSOCIATION (NAA) PRUNING STANDARDS. 6. DURING LAND ALTERATION AND CONSTRUCTION ACTIVITIES, IT SHALL BE UNLAWFUL TO REMOVE VEGETATION BY GRUBBING OR TO PLACE SOIL DEPOSITS, DEBRIS, SOLVENTS, CONSTRUCTION MATERIAL, MACHINERY OR OTHER EQUIPMENT OF ANY KIND WITHIN THE DRIPLINE OF A TREE TO REMAIN ON THE SITE UNLESS OTHERWISE APPROVED BY THE OWNER AND LOCAL AUTHORITIES. vK(GlNAt, PROJECT: 4 Clearwater Recreation Center 4 � t^�11/� 3 DRAWN BY: DATE: SCALE: CHECKED BY: DATE: T'oX 2 n ,. www.. D B 'REV NO. DESCRIPTION MICHAEL J. GAYLOR P.E CERTIFICATE OF AUTHORIZATION NO. 26106 EROSION / SEDIMENT CONTROL NATURAL RESOURCE PROTECTION: 7. NO GRADE CHANGES SHALL OCCUR WITHIN THE DRIPLINE OF TREES TO REMAIN. 8. ALL TREE ROOTS EXISTING WITHIN APPROVED IMPROVEMENT AREAS AND ORIGINATING FROM A PROTECTED TREE, SHALL BE SEVERED CLEAN AT THE LIMITS OF THE UTILITY TRENCH AREAS WHEREVER THEY ARE WITHIN 120' OF A TREE TO BE PRESERVED. 9. CONTRACTOR SHALL COMPLY WITH LOCAL, STATE, AND FEDERAL REGULATIONS REGARDING POLLUTION CONTROL OF STORED MATERIALS, FUEL, EQUIPMENT, OR OTHER HAZARDOUS MATERIALS USED ON SITE. ALL CONSTRUCTION DEBRIS SHALL BE STOCKPILED IN MANNER THAT DOES NOT CAUSE SWR, OR WATER POLLUTION ON SITE UNTIL DISPOSED IN ACCORDANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS. 10. CONTRACTOR SHALL PROVIDE A DEWATERING PLAN TO CONTROL SEDIMENT DISCHARGE TO OTHER WATER BODIES OR OFFSITE SO THAT WATER QUALITY COMPLIES WITH LOCAL, STATE, AND FEDERAL TURBIDITY PARAMETERS. CONTRACTOR SHALL DIRECT TURBID WATER TO TEMPORARY SETTLING BASINS WITH VEGETATIVE AND /OR STABILIZED FLOW TO OFFSITE DISCHARGE AREA. 11. ALL EFFORTS MUST BE UNDERTAKEN TO PREVENT ANY EROSION OR TURBID WATER FROM BEING DISCHARGED INTO WETLANDS AND /OR WATER OF THE COUNTY. TURBID DISCHARGES THAT EXCEED 50 JTU'S (JACKSON TURBIDITY UNITS) OR 29 NTU'S (NEPHELOMETRIC TURBIDITY UNITS) ABOVE BACKGROUND LEVELS ARE A VIOLATION. HAY BALES, SILT SCREENS OR OTHER APPROVED METHODS OR EROSION/TURBIDITY CONTROL MAY BE REQUIRED. IT IS THE RESPONSIBILITY OF THE OWNER/DEVELOPER TO INSURE THE INSTALLATION OF ADEQUATE EROSION CONTROL BARRIERS PRIOR TO THE COMMENCEMENT OF ANY SITE WORK. THESE EROSION CONTROL DEVICES MUST BE MAINTAINED IN GOOD CONDITION THROUGHOUT THE CONSTRUCTION PROC.IJ&AND UNTIL ALL LOOSE SOILS HAVE STABILIZED. IT IS STR RECOMMENDED THAT ALL EROSION CONTROL DEVICEff REGULARLY INSPECTED DURING CONSTRUCTION AND MODIFIED IF CONDITIONS WARRANT. O�LOl eIZ9�l1rr�r&y EY CAVE PROFESSIONAL OFFICE PARK 21784 STATE ROAD 54, LUTZ. FL 33548 SHEET Piif11F(:T Nn fl7MN1 2 C!P 6 v FIRE LINE CONSTRUCTION PLAN NOTES MICHAEL J. GAYLOR CERTIFIED PROFESSIONAL ENGINEER STATE OF FLORIDA NO. 13088 I I I j 5" FIRE DEPARTMENT CONNECTION STORZ 4' SCH 40 GALV PIPE —� FABRICATED FDC SUPPORT - ALUMINUM VALVE BOX LID --� • ;31 •• 4" CHECK VALVE ' • ' 4" GATE VALVE rf 4" C -900 DR14 PVC q 2112" MALE BRASS HOSE CONNECTION VALVE WITI 3' MAX ALUMINUM VALVE BOX LID 4" CHECK VALVE CONCRETE SEAT THRUST BLOCK WITH STRAPS 1: � RLilo-11 m 4' NOM. 5/8" GAL\ 21/2 "GALV STEEL PIPE PROPOSED DOCK HAND Ri 4"x 2 1/2" REDUCING FLANGE D14" TEE 5/8" GALV. "U" BOLT BOTH SIDES OF TEE 5/8" GALV. 'U" BOLT ON BOTH SIDE OF.FITTING AT EVERY CHANGE OF DIRECTION PROPOSED DOCK STRINGERS � 4" DI TEE \ �— #57 ROCK BED 8' TO 10" DRAIN IN BOTTOM OF VALVE BOX `CONCRETE VALVE BOX 4 FT. x 8 HOSE CONNECTION D ET FT. x 4' DEEP W /8" WALL VALVE BOX DETAIL CONCRETE SEATS WITH STRAPS TYP 4 g r�n��r� }Qr Recreation Qn }Qr PROJECT: Clearwater Center /Jz s t � /K�� IZ�/L� 0 REY COVE PROFESSIONAL OFFICE PARK 21754 STATE ROAD 54, LUTZ, FL 33568 PH. 813) 848.5588 FAX (813) 948.0618 E CERTIFIED PROFESSIONAL CERTIFlED PROFESSIONK ENGINEER STATE OF FLORIDA NO. 13088 I c 3 - � EC /� DRAWN BY: DATE: SCALE : 1 "oX 2 CHECKED BY: DATE: APPD BY: DATE: 1 y • 1 _ DATE: 3/30/07 SHEET A 4 OF 6' MICHAEL J. GAYLOR P.E. CERTIFICATE OF AUTHORWTION NO. 20100 REV NO. - DESCRIPTION DATE DATE PROJECT No. 07020 j��j'{ ..� 1d�n'TiY !'�'� ° TttLE: FIRE LINE CONSTRUCTION DETAILS 6 3 2 1 REV NO. .. I� ,• / /•II•I�•..,.,...,.,.......;• /•II•I�•I :• Re0acernent ban materm . • • ' SiLiL' 1� • by the En TmThickness of in . original Base T =6" until W exceeds 6', then T =8" ASPHALT STREET AND DRIVEWAY REPLACEMENT REQUIRED FOR UTILITY CONSTRUCTION CONCRETE REPLACEMENT REQUIRED FOR UTILITY CONSTRUCTION CITY OF PUBLIC ' • to MICHAEL J. OAYLOR CERTIFIED PROFESSIONAL ENGINEER STATE OF FLORIDA NO. 13088 14/4/2002 I Nohq I Rwnow lA.4t 2 W 2 (U.S. ICHEC ED BY C.LB. KL YLAL.CMLN I I- VK CONCRETE &. A�OLi�`T� (may w �4 REV DATE DES0RIP710N �• DECCHU�N CONCRETE Sl1RFA(`FG —I 1 OF 1 PROJECT: Clearwater Recreation Center ►��Iy' ,y�+�y ��/ �� J OSSSPREY COVE PROFESSIONAL OFFICE PARK 21781 STATE ROAD 64, LUTZ, FL 33548 PH. (613) 8496598 FAx 613) 9494816 y ! DRAWN BY: DATE: eCALE : - w. w . CHECKED BY: DATE: APPD BY: DATE; MEW DATE: 3/30/07 SHEET OF 6 CERTIFICATE OF AUTFi_. Q _N N0.26186 _ DATE PROJECT No. 07020 EIS? TITLE: FIRE LINE CONSTRUCTION DETAILS • to MICHAEL J. OAYLOR CERTIFIED PROFESSIONAL ENGINEER STATE OF FLORIDA NO. 13088 TYPICAL VALVE SETTING n. t. 8. Adjustable Volvo Box When Vdw Occurs In Roadway, set Base on 10- Common Brick.\ Mach. Joint Volvo • 0 m 3 cg lV P.V.C. PIPE RESTRAINT THE FOLLOVANG JOINTS MUST BE RESTRAINED IN ALL APPLICATIONS: 1. BEND - INLET AND OUTLET 2. TEE - OUTLET BRANCH 3. OFFSETS - INLET AND OUTLET 4. CAPS 5. PLUGS 6. DEAD ENDS 7. HYDRANT RUNOUTS SHALL BE RESTRAINED AS DEAD ENDS Megdug Restrainer (Typ.) L l • Ebbw 1300 Satin (Typ.) � \ 0 jJ ON ALL TEES, A MININUM OF 5' SHALL BE RESTRAINED ON EACH RUN LEG P GM7I _ -.- Water Main \—Restraining L - MINIMUM LENGTH TO BE. RESTRAINED ON EACH SIDE OF FITTING (f .) FIGURES BASED ON 30' DEPTH BURY, 150 PSI TEST PRESSURE. wa 8' B' PVC MA�MUM SIZE USED IN SYSTEM wr C H Joint 102 NOTE: THRUST RESTRAINT AT FITTINGS AND VALVES SHALL BE USE OF EBBA IRON MEGALUG RESTRAINERS. THRUST RESTRAINT PROJECT: CR learwater Recreation Center) NOM. ELBOWS (deg.) VALVE GAYLO MICHAEL J. FESSIO CERTIR�PONO� ONAL STATE OF FLORIDA NO. 13088 BETWEEN PIPE JOINTS SHALL BE BY EBBA IRON SERIES 1300 PIPE TEES DEAD RESTRAINERS. SIZE 11.25 22.50 45 90 BRANCH END SCALE : 1'.X C17Y OF CLEARWATER FLORIDA PUBLIC WORKS ADMINISTRATION 4 2 4 9 21 28 46 DATE: 37 707 SHEET L� V OF 6 CITY OF CLEARWATER FLORIDA PUBLIC WORKS 8 3 6 12 29 47 65 ENGINEERING ADMASTRARN ENGINEERING P GM7I _ -.- I OF 4' Rv wa wr C H K" MA 102 NOTE: ALL JOINTS NOT UNDER GRADE (ATTACHED TO PROPOSED DOCK) TO BE MEGA LUG WITH RED ENAMEL, EPDXY OR EQUAL ORIGINAL CORROSION INHIBITING PAINT SYSTEM ON ALL METAL SURFACES PROJECT: CR learwater Recreation Center) ^ � // -�J��syI' � �/y� 08PREY COVE PROFESSIONAL omm PARK 11784 STATE ROAD 84, LUTZ, FL 3380 _ PH. 813 8485588 FAX (813 848-0818 GAYLO MICHAEL J. FESSIO CERTIR�PONO� ONAL STATE OF FLORIDA NO. 13088 3 I I �1 O ' DRAWN BY: DATE: SCALE : 1'.X 2 J �. • 9 .1. V '6.r CHECKED BY: APPD BY: DATE: DATE; 1 - - b.. •I - DATE: 37 707 SHEET L� V OF 6 MICHAEL J. OAYLOR P.E. - CERTIFICATE AUTHORIZATION NO R REV NO. NI dB7~7•^ DATE PROJECT No. 07020 . CRuld TITLE: FIRE LINE CONSTRUCTION DETAILS Handicap access ramp to be graded to match walkout elevation 58' -4" ACCESS WALKWAY 1 ELEV. +9.72' ELEV. +4.72' Existng Sidewalk _ --------- --------- --------- ------- - _____- _ +NGVD APPROX. MHWL ELEV. +1.28' ___ ___ _______ _____ - - -_ _______ _ -____ - +NGVD APPROX. MLWL ELEV. -0.89' 9MV, -4,79- \ ELEV j\ PROFILE A —A 0 5 n rn Clearwater Recreation Center rn c _ Handicap Ramp Access TITLE Agent: Delta Seven, Inc ® Contact: Ryan Oliver PO Box 3241 M Z Delta Saws,. - St. Petersburg, FL 33702 Geneml emdmm taL cannItin8 727- 823 -2443 - ph 727 -550 -2513 - fx ---- -------- --- - ---- SIZE ICAGECODE DWGNO iREV ----- - - - - -- _________ A ' SCALE T SHEET 1 of 1 SW TM San Marc() St Clearwatek Clearwater Harbor Beach Island 0 APPENDIX A Clearwater Recreation Center nN Location Map 4 Is PJ -.0 4 %S S- ^ VS W, Doty PS�e LU din Cleorw` ester Beach w � L' .�3t St a � I R � a' t d 5t 4Q'0n Dr � Ur 0 2GO6 PI pQuest, Inc. I jl2006 NAVTEQ From downtown Clearwater, cross the Memorial Causeway Bridge heading west towards the beach. From the roundabout at Causeway Blvd proceed north on Mandalay Ave approximately 0.5 miles. Turn right on Bay Esplanade. The recreation center is on the south side of the road. ORIGIrVAti. RL; rlVE ?3 JUN 18 2007 PLANNiNG- DEFARTMENI CITY OF C;LEARWATER Bay Avalon St ro n T c a Kendall St Qj Ambler St Sayrnant St San Marc() St Clearwatek Clearwater Harbor Beach Island 0 APPENDIX A Clearwater Recreation Center nN Location Map 4 Is PJ -.0 4 %S S- ^ VS W, Doty PS�e LU din Cleorw` ester Beach w � L' .�3t St a � I R � a' t d 5t 4Q'0n Dr � Ur 0 2GO6 PI pQuest, Inc. I jl2006 NAVTEQ From downtown Clearwater, cross the Memorial Causeway Bridge heading west towards the beach. From the roundabout at Causeway Blvd proceed north on Mandalay Ave approximately 0.5 miles. Turn right on Bay Esplanade. The recreation center is on the south side of the road. ORIGIrVAti. RL; rlVE ?3 JUN 18 2007 PLANNiNG- DEFARTMENI CITY OF C;LEARWATER n� �z O G� r � m m r�ri M Z ~ ery Co rIL 0 APPENDIX B CLIENT : Delta Seven ORL36312 ADDRESS: P.O: Box 3241 31, 2005 St. Petersburg, .FL 33731 6, 2005 20, 2005 ATTENTION: Dana Gaydos • REPORT # DATE SUBMITTED: March DATE REPORTED April DATE AMENDED : April PAGE 1 OF 13 SAMPLE IDENTIFICATION Samples submitted and identified by client as: REFERENCE: SAND PEARL Delta Seven 03/30/05 ORL36312 -1 SW -1 SURFACE @ 10:50 ORL36312 -2 : SW -2 @ 10:40 ORL36312 -3 : SW -3 @ 11:05 ORL36312 -4 : SW -4 SURFACE @ 11:20 ORL36312 -5 : SW -5 SURFACE @ 11:45 ORL36312 -6 : SW -6 @ 11:35 ORL36312 -7 : SW -7 SURFACE @ 12:00 ORL36312 -8 : SW -8 @ 12:15 Unless otherwise noted in an attached project narrative, all samples were received in acceptable condition and processed in accordance with the referenced methods /procedures. This data has been produced in accordance with NELAC Standards (July, 2002). This report shall not be reproduced except in full, without the written approval of the laboratory. Results for these ORIGINAL procedures apply only to the samples as submitted. RECE WED JUII 18 2007 PLANNNG DE AR i MENT CITY OF CLEARWATER LABORATORY MANAGER I Matthew Foti, Ph.D. ENCO LABORATORIES REPORT # ORL36312 DATE REPORTED: April 6, 2005 DATE AMENDED : April 20, 2005 REFERENCE : SAND PEARL PROJECT NAME Delta Seven ONOW PAGE 2 OF 13 REC'E ED 118 2007 RESULTS OF ANALYSIS PLANNING DEEARTIVENT CITY OF CLEARWATER TOTAL METALS METHOD SW- 1.SURFACE SW -2 Units Aluminum 200.7 0.20 U 0.20 U mg /L Date Analyzed 04/05/05 11:10 04/05/05 11:17 Arsenic 200.7 0.010 U 0.010 U mg /L Date Analyzed 04/05/05 11:10 04/05/05 11:17 Cadmium 200.7 0.0010 U 0.0010 U mg /L Date Analyzed 04/05/05 11:10 04/05/05 11:17 Copper 220.2 0.0010 U 0.0010 U mg /L Date Analyzed 04/04/0.5 04/04/05 Lead 239.2 0.0050 U 0.0050 U mg /L Date Analyzed 04/02/05 04/02/05 Manganese mg /L Date Analyzed Nickel mg /L Date Analyzed Potassium mg /L Date Analyzed Sodium mg /L Date Analyzed Zinc mg /L Date Analyzed • 200.7 200.7 200.7 200.7 200.7 0.010 U 04/05/05 11:10 0.002 U 04/05/05 11:10 430 04/05/05 15:55 9700 04/05/05 15:55 0.012 04/05/05 11:10 • 0.010 U 04/05/05 11:17 0.002 U 04/05/05 11:17 540 04/05/05 16:00 12000 04/05/05 16:00 0.014 04/05/05 11:17 * = Laboratory MDL. U = Compound was analyzed for but not detected to the level shown.. RESULTS OF ANALYSIS ENCO LABORATORIES REPORT # ORL36312, DATE REPORTED: April 6, 2005 DATE AMENDED : April 20, 2005 RECE,! \/F''J 2007 REFERENCE : SAND PEARL JUN 18 PROJECT NAME Delta Seven PIA��Y��1G' D��►Ca�i+itEN OF CLEAIMAIER CIT. PAGE 4 OF 13 RESULTS OF ANALYSIS TOTAL METALS METHOD SW -3 Units Aluminum 200.7 0.20 U mg /L Date Analyzed 04/05/05 11:24 Arsenic 200.7 0.010 U mg /L Date Analyzed 04/,05/05 11:24 Cadmium 200.7 0.0010 U mg /L Date Analyzed 04/05/05 11:24 Copper 220.2 0.0010 U mg /L 'Date Analyzed 04/04/05 Lead 239.2 0.0050 U mg /L Date Analyzed 04/02/05 Manganese 200.7 0.010 U mg /L Date Analyzed 04/05/05 11:24 Nickel 200.7 0.002 U mg /L Date Analyzed 04/05/05 11:24 Potassium 200.7 470 mg /L Date Analyzed 04/05/05 16:05 Sodium 200.7 10000 mg /L Date Analyzed 04/05/05 16:05 Zinc 200.7 0.010 mg /L Date Analyzed 04/05/05 11:24 SW -4 SURFACE 0.20 U 04/05/05 11:31 0.010 U 04/05/05 11:31 0.0010 U 04/05/05 11:31 0.0010 U 04/04/05 0.0050 U 04/02/05 0.010 U 04/05/05 11 :31 0.002 U 04/05/05 11:31 440 04/05/05 16:10 9800 04/05/05 16:10 0.010 04/05/05.11:31 ORIGINAL ECLr!1lED JUN 18 2007 PLANISING DEPARTMENT CITY OF CLEARWATER 0 • * = Laboratory MDL. SW -5 SURFACE SW -6 U = Compound was analyzed for but not detected to the level shown. Aluminum 200.7 0.20 U 0.20 U mg /L ENCO LABORATORIES REPORT # ORL36312 04/05/05 11:38 04/05/05 14:19 DATE RE PORTED : April 6, 2005 ORIGINAL mg /L +yF.O DATE AMENDED : April 20, 2005 04/05/05 14:19 REFERENCE : SAND PEARL 0.0010 U 0.0010 U PROJECT NAME : Delta Seven Of C►.EAI2W� Date Analyzed 04/05/05 11:38 CIV Copper 220.2 PAGE 6 OF 13 RESULTS OF ANALYSIS TOTAL METALS METHOD SW -5 SURFACE SW -6 Units Aluminum 200.7 0.20 U 0.20 U mg /L Date Analyzed 04/05/05 11:38 04/05/05 14:19 Arsenic 200.7 0.010 U 0.010 U mg /L Date Analyzed 04/05/05 11:38 04/05/05 14:19 Cadmium 200.7 0.0010 U 0.0010 U mg /L Date Analyzed 04/05/05 11:38 04/05/05 14:19 Copper 220.2 0.0010 U 0.0010 U mg /L Date Analyzed 04/04/05 04/04/05 Lead 239.2 0.0050 U 0.0050 U mg /L Date Analyzed 04/02/05 04/02/05 Manganese 200.7 0.010 U 0.010 U mg /L Date Analyzed 04/05/05 11:38 04/05/05 14:19. Nickel 200.7 0.002 U * 0.002 U mg /L Date Analyzed 04/05/05 11:38 04/05/05 14:19 Potassium 200.7 470 470 mg /L Date Analyzed 04/05/05 16:14 04/05/05 16:19 Sodium 200.7 10000 10000 mg /L Date Analyzed 04/05/05 16:14 04/05/05 16:19 Zinc 200.7 0.010 0.010 mg /L Date Analyzed 04/05/05 11:38 04/05/05 14:19 !'�RIGIIVA� JUN 18 2007 PLANNNG DEpwWMENT CITY OF CLEARWATER * = Laboratory MDL. U = Compound was analyzed for but not detected to the level shown. ENCO LABORATORIES REPORT # ORL36312 DATE REPORTED: April 6, 2005 DATE AMENDED : April 20, 2005 REFERENCE : SAND PEARL PROJECT NAME : Delta Seven PAGE 8 OF 13 RESULTS OF ANALYSIS TOTAL METALS METHOD SW -7 SURFACE SW -8 Units Aluminum mg /L Date Analyzed Arsenic mg /L Date Analyzed Cadmium mg /L Date Analyzed Copper mg /L Date Analyzed Lead mg /L Date Analyzed Manganese mg /L Date Analyzed Nickel mg /L Date Analyzed Potassium mg /L Date Analyzed Sodium mg /L Date Analyzed Zinc mg /L Date Analyzed 200.7 0.20 U 0.20 U 04/05/05 14:26 04/05/05 14:33 200.7 0.010 U 0.010 U 04/05/05 14:26 04/05/05 14:33 200.7 0.0010 U 0.0010 U 04/05/05 14:26 04/05/05 14:33 22.0.2 0.0010 U 0.0010 U 04/04/05 04/04/05 239.2 0.0050 U 0.0050 U 04/02/05 04/02/05 200.7 0.010 U 0.010 U 04/05/05 14:26 04/05/05 14:33- 200.7 0.002 U * 0.002 U 04/05/05 14:26 04/05/0514:33 200.7 460 460 04/05/05 16:24 04/05/05 16:29 200.7 10000 10000 04/05/05 16:24 04/05/05 16:29 200.7 0.010 0.010 04/05/05 14:26 04/05/05 14:33 ORIGINAL ° RE- I� fE �u 18.2007 PLANNING DEFARTMENT CITY OF CLEARWATER 0 * = Laboratory MDL. U = Compound was analyzed for but not detected to the level shown. ENCO LABORATORIES. REPORT # ORL36312 DATE REPORTED: April 6, 2005 DATE AMENDED April 20, 2005 REFERENCE SAND PEARL PROJECT NAME : Delta Seven PAGE 10 OF 13 RESULTS OFANALYSIS TOTAL METALS, Units Aluminum mg /L Date Analyzed Arsenic mg /L Date Analyzed Cadmium mg /L Date Analyzed Copper mg /L Date Analyzed Lead mg /L Date Analyzed Manganese METHOD LAB BLANK 200.7 0.20 U 04/05/05 10:35 200.7 0.010 U 04/05/05 10:35 200.7 0.0010 U 04/05/05 10:35 220.2 0.0010.0 04/04/05 239.2 0.0050 U 04/02/05 200.7 0.010 U 182007 PLANNING DEPAWI ENT CITY OF CLEARWATER • mg /L Date Analyzed 04/.05/05 10:35 Nickel 200.7 0.002 I mg /L Date Analyzed 04/05/05 10:35 Potassium- 200.7 0.50 U mg /L Date Analyzed 04/05/05.10:35 Sodium 200.7 0.50 U mg /L Date Analyzed 04./05/05 10:35 Zinc 200.7 0.020 U mg /L Date Analyzed 04/05/05 10:35 U = Compound was analyzed for but not detected to the level shown. I = Analyte detected; value is between the Method Detection Level (MDL ) and the Method Quantitation Level (MQL). PECri4NED J �N 18 2007 PLANNiN'G DEPARTMCNT CITY OF CLEARWATER "FEB-12-2007 01:03 PM nE* SEVEN INC T27�0 2513 P.02 Appendix $ Water Quality and Tidal Information �OPIOINAL RECEIVED JUN 18 2007 PLANNING ISEFARTMENT CITY OF CLEARWNATER FEB -12 -2007 01:04 PM DE* SEVEN INC 72700 2513 It is my professional opinion that the tidal basin exchange calculation provided herein meets the design criteria of 3.2.4.3 (B) Octavio Cabrera, P.E. #14663 ]Ern&eer of Record 7 P-3/62, date P. 03 ORIGINAL RECEIVED JUN 18 2007 pLANNING DEPARTMENT CITY OF CLEARWATER FEB -12- .2007 01:04 PM DE* SEVEN INC 7270 2513 P. 04 1.9' EXCHANGED PER EACH TIDE (20X EXCHANGE PER TIDAL CYCLE) MHW = 1.4 NGVD 29 MLW -0.5 NGVD 29 as a w 3 w . �- — AVERAGE BASIN BOTTOM -7FT 70 -8FT 0 � NOTE: �RIGIIVA�, CALCULATIONS ARE BASED ON A SQUARE CROSS SECTION�'!�lF NOT A BASIN ' SECTION WHICH 3 DOESN'T CONSIDER WIND DRIVEN N 1 8 2007 EXCHANGE IN ANY MANNER. PLANNING DEFARTMENT CITY OF CLEARWATER FEB -12 -2007 01:05 PM DE10 SEVEN INC 7270 2513 P.05 40 ,--go w 60 0 70 z � 50 40 30 I— 20 0 aws REDUCTION IN POLLUTANT CONCENTRATION AS A RESULT OF TIDAL EXCHANGE (BASED ON 26% VOLUME EXCHANGE /TIDE CYCLE) TIDE CYCLES I �R[OINAL i Y V JUN 18 20107 PLANNING DEPARTMENT CITY OF CLEARWATER 4 DAYS FLUSHING TIME z DESCRIPTION: f PROJECT Na, BELLE HARBOR —WATER EXCHANGE EXHIBIT N TAV G BRERA; P,E, 1 663 97 -182 DATQ: FIGURE, a PLORDA DESON nVa hMLTA 9/4/02 cnMlgse{rrruCet0e, r Delta .j URAwd tf Y: 3 2639 MKvrftlie Dr. Clearwoler FL, 33759 "- ° - "- r •ar Ilrnr re.l Fmfn.nun•rrinll.•,Nnuiligr Tel: {7£7} 724 -8422 _ Farw. (727) 724 -8606 UL } f D SIR ' BLEI LEVEL � _ � F + ' ' ' R 1:)Q.LLUfANt C DUC'TION NCE'NTRATI0 IN + + =1 % ' I f i , f 1 2 3 4 5 6 7 J 8 9 10 11 1i TIDE CYCLES I �R[OINAL i Y V JUN 18 20107 PLANNING DEPARTMENT CITY OF CLEARWATER 4 DAYS FLUSHING TIME z DESCRIPTION: PROJECT Na, BELLE HARBOR —WATER EXCHANGE EXHIBIT N TAV G BRERA; P,E, 1 663 97 -182 DATQ: FIGURE, a PLORDA DESON nVa hMLTA 9/4/02 cnMlgse{rrruCet0e, r Delta .j URAwd tf Y: 3 2639 MKvrftlie Dr. Clearwoler FL, 33759 "- ° - "- r •ar Ilrnr re.l Fmfn.nun•rrinll.•,Nnuiligr Tel: {7£7} 724 -8422 _ Farw. (727) 724 -8606 UL Conaultanfnw Inc. Drawings and Cancvpfp may not be used or reproduoeo without written . FEE -12 -2007 01:06 PM M Date: I)E.,10 SEVEN INC Department of 72750 2513 3eb Bush Governor P. 06 P48e 1 of 1 Environmental Protection se Struhs Marjorie Stoneman Douglas Building 390.0 Commonwealth Boulevard Tallahassee, FL 32399 -3000 MS 105 Mean High Water Procedure Approval Name: Address: Phone: County: Point Identification Number: 696 Mean High Water (MHW) : 1.28 ft Mean Low Water (MLW): --Q.69 ft Datum: NGVD 1929 Unit of Measurement: Feet Tidal Epoch: 1960 -1978 Procedure: Extend the above MHW height onto job site. Source of Data: The Land Boundary Information System Internet web site (www.labins.org) This form Constitutes approval of the method to be used -to survey the mean high water line within one half mile of the point identified above. Retain this form for record keeping. Submit a copy of it with the completed survey to the Bureau of Survey and Mapping within 90 days of the completion of the survey. Contact: Division of State Lands �JpIGINV4�, Bureau of Surveying and Mapping 'RKCF, Y ED (850)245 -2606 JUN 18 2007 PLANNING DEi"HWWENT Caoww and M-11we Ir Enrl,"MWand Naaxa/keemm" CITY OF CLEARWATER www.ft.Sft1z.e.us http: / /gsdb.freae.fsu-edu: 8080 /imfIAHF /imffdentifyInterpolation jsp ?xl= S15235.429393... 4/19/2005. ORIGINAL DOCK DESIGN - SEE MODIFIED PLANS FOR APPROVAL REQUEST APPROXIMATE MHWL A PROPOED NEW SLIPS: 2 WET SLIPS FOR BOATS LESS THAN 40' /r 10 WET SLIPS FOR BOATS LESS THAN 26' I NON- CORALLINE 12 WET SLIPS FOR BOATS LESS THAN 30' II SEA GRASS BEDS LIVE BOTTOM 19 WET SLIPS FOR BOATS LESS THAN 40' 11+ DAY SLIPS II TOTAL 54 SLIPS II 34 MANATEE SIGNS II 1 II II (�� SLIP #11 II HAl DRAT ILA SLIP #5 II SLIP #12 II 26= SLIP #6 1, 12' -6" SLIP #13 t� J SLIP #1 SLIP #7 110' / SLIP #2 • SLIP #8 3 SLIP #14 PILING-/ a r Cy 00 f /7 � �i � 61' 3 L 39 J 3 SLIP #15• Frt Qp ` ; z SLIP #3 SLIP #9 z / U SLIP #4 • 3'(TYP) 1 SLIP #10 U SLIP #16 i 5 \ 12' -6" Z / 0 8 1 -26 30 -4 / t�yG 4+ DAY 6'(7 (P _ G BOARDWALK SLIPS 1 DAY 0 R / ACCESS SLIP WALKWAY 1 ,> A 1( 8, I� EXISTING SEAWALL 3+ DAY 3+ DAY SLIPS SLIPS II 61' -6" II F PL II PL-P PL FL -PL-PL II RIPARIAN LINE +/- II REUBEN CLARSON, P.E. FL. P.E. No. 16313 WATERLINE CONSTRUCTION REUBEN CLARSON CONSULTING, INC �µ� DATE: FILE: WATERLINE CONSTRUCT ON, INC. 4408 Grady Ave. N C/O DELTA SEVEN, INC. PROJECT NUMBER CARD FILE WATERLINE S o 4•� d c? O /—/ P.O. ea.3z4I �� Tampa FL 33614 SLN—b.r FL 33731 SCALE /'-501 CONSTRUCTION, INC. 813- 808 -1977 P.- (]1)25]5)0 22531 3 Fe: (]2 99 4 S 4n�A T ?9• R 15 PAGE I OF 0 Pages E ro z d H IJC A • ORIGINAL DOCK DESIGN - SEE MODIFIED PLANS FOR APPROVAL REQUEST RIPARIAN LINE +/- II II II II II II II ACCESS 1 V 34' WALKWAY 2 I `mn\ I( 2 SEA GRASS BEDS SLIP #17 SEA GRASS B /EDS SLIP #18 SLIP #23 � 0' 117' SLIP #19 SLIP #24 s SLIP #28 24' c3 SLIP #20 ¢ SLIP #25 SLIP #29 SLIP #21 SLIP #26 m • I 40' J- W S z LIP #30 SLIP #34 SLIP #38 y ° d x Li SLIP #22 0 •SLIP #27 105' d 1 ---60' a ° SLIP #31 a SLIP #35 60' -6" SLIP #39 IL --30 40-I ' z • 7 � s SLIP #32 3 SLIP #36 SLIP #40 o SLIP #42 z A TURBIDITY CURTAIN TO BE ° �1 INSTALLED AROUND AREA r DURING CONSTRUCTION 1 SLIP #33 ° •SLIP #37 15' SLIP #41 SLIP #43 ORIGINAL. '1 18 2007 PtANNiNG DEFAI -d ENT Cry, OF (LEARWATER REUBEN CLARSON, P.E. FL. P.E. No. 16313 WATERLINE CONSTRUCTION REUBEN CLARSON CONSULTING, INC DATE: FILE: WATERLINE CONSTRUCTION, INC. 4408 Grady Ave. N C/O DELTA SEVEN, INC. PROJECT NUMBER CADD FILE Tama FL 33814 So n d �° o �/ ❑.O.BOx3241 SCALE ! Sp' �l1/A co 813-806-1977 C. 813 -806 -1977 Sw e:(iz'ie2i2443 ne Fax: (727)550.2531 s ✓..� % �, R is PAGE 7 OF 0 Pages r� �_J ELEV. +3.72' o ORIGINAL DOCK DE' SI_GN--7- SEE_MODIFIED --- PLANS -- FOR-- APP- ROUAL -- REQUEST ACCESS WALKWAY I LOWER LANDING 0 1 18 2007 i WATERLINES- I Tampa FL 33614 CONSTRUCTION, INC. 813 -806 -1977 IREUBEN CLARSON CONSULTING, C/O DELTA SEVEN, INC. S o /-7 4--f /=�' -L O P.O. B.. 3241 /YifLA'IiAY! PRY/LE DATE: PROJ S LL'C T 19 R 15 PAGE ,V. +1.26' V. -0.69' REUBEN CLARSON, P.E. FL. P.E. No. 16313 E: WATERLINE CONSTRUCTION, INC. OF 6 • ORIGINAL -DOCK _DESIGN °• -,SEE_MODIFIEV PLANS; FOR APPROVAL REQUEST, ACCESS WALKWAY 2 BOARDWALK ELEV. +9.72 PROFILE E —E ORIGINAL RESEYF 182007 . ,'.ANNiNG DEPARTMENT OF CLEARWATER REUBEN CLARSON, P.E. FL. P.E. No. 16313 WATERLINE CONSTRUCTION 4408 Grady Ave. N REUBEN CLARSON CONSULTING, INC Pkq�/!E DATE: FILE: WATERLINE CONSTRUCTION.. INC. PROJECT NUMBER CADD FlLE WATERLINE�1 Tampa FL 33814 S o r7 d /= e o r/ C/O DELTA SEVEN, INC. P.D. Box 3241 SCALE ! �!0' CON ucnON, INC. 813- 808 -1977 BP a: n2�Ba2ii ei' )� S 04 rARR R 15 PAGE 6 OF IF Pnges Fax:(]2rn�a2531 E • f . APPENDIX F CITY OF CLEARWATER BAY ESPLANADE DOCKING FACILITY LEGAL DESCRIPTION [See Exhibit "A" to Flexible Development Application] r i )Tm t Clearwater Beach Recreation Center Coral and Sponge Species Present Siderastrea radians Lesser starlet coral Oculina sp. Ivoiy coral ^rt rT VVI Siderastrea siderea Massive startlet coral Cliona sp. Red boring sponge Z � W C= ~Q m I LL- 2O IL U b N z d l--I x it FEB -12 -2007 01:06 PM DE SEMEN INC 7250 2513 r WL - FAWL - Marine ResourWcogwhic Information System (MR ArcIMS HTML Vlewer Map APPENDIX I_ P. 0.7 Page 1 of I Manatee Mortality through December 2004 c9 2007 PLANNNG DUFAWrlViENT CITY OIL CLEARWATEp http:// occan. floridamarine .orglservietleom.csri.esrimap,i sri .map ?ServiceName = overview &.:. 9129/2005 IN IN f, coolllwon L&o&PIaod Hulmn Rrl•tad: Othor e, Pednatal (Mrs than or equal to ISO c"Q 0 Nalurat Cold Stress Ibegir►ning In 191101 i J,s b lde�r Ta.) i Var®ird: Not PAWVQMd i Undetennhtad: Too Uwoarnposod Undslarmlrtad: OI„dr Fladde S hcrellneCIA0,000- 9hcea�rtw c9 2007 PLANNNG DUFAWrlViENT CITY OIL CLEARWATEp http:// occan. floridamarine .orglservietleom.csri.esrimap,i sri .map ?ServiceName = overview &.:. 9129/2005 ,FEB -12 -2007 01:07 PM DES SEVEN INC 727 0 2513 P.08 nup: //! Oa @8[ .comvmanareeaiseercn aumn�ary; r�eauns.saprt • •yy I•I. }r,r :., {a' {�li.i>41r �G'll beir}t•��µlM��tN.h it µl N:�� }�,� . Fisit AND U111.13L,01 Ir lt1:51.,1uc;li l.yyrf rG 1 i�; 7. Marine Mammal Pathoblalogy Laboratory Manatee M0rt8l1ty-- 08tabaze Search Results Your Search Was: ■ In The County Or Counties -Pinellas, ■ For The Following Probable Cause(s) Of Death; - • Watercraft • OptaUck • Human, Other * Perinstai • Cold Wress • Natural • Undetermined • ALL MONTHS • ALL YEARa; New Search County Probable Cause of Death Watercraft fttwL.oc c HUmen, Other Porinatai cold stmoo Natural Undetermin.d TWO March 1979 Pinellas 0 0 0 1 0 0 Q 1 Month Totals- 0 0 0 1 0 a o 1 Year Totals: 0 0 0 1 O 0 0 i April 1978 Pinellas 0 0 0 0 0 0 1 1 Month Totals: 0 0 0 0 0 0 1 1 May 1979 Pinellas 0 0 0 1 0 0 Q 1 Month Totals: 0 0 0 1 0 0 0 1 Year Totals; 0 0 0 1 0 0 1 Z October 1980 Pineliss 7 0 O 0 0 0 0 1 Month Totals: 1 0 0 O 0 0 0 1 Year Totals: i o 0 0 0 0 0 7 March 1985 Pinellas 0 p 0 0 0 0 i 1 Month Totals.- 0 a 0 O 0 0 1 Year Totals: 0 O 0 0 O 0 1 1 March 1988 of 8 RE' rIVED 18 2007 9/26/2005 1:27 PM PLANNING DEFARTiVIENT CITY OIL CLEARWATER FEB -12 -2007 01:08 PM DEIV SEVEN INC 727 S0 2513. P.09 rise ana wnumv xeamamn ummuiur 111tp: / /snSCaltiII.�yl a7silitiwrowepu�GLl till {tJtlJi�[y_l1�ii11Llc.tlNpf1.. Pinellas 0 0 0 1 0 0 0 1 Month Totals: O 0 O 1 0 0 0 1 $eptsmber 1985 Pinellas' 0 0 0 1 0 0 0 1 Month totals: 0 0 0 1 0 0 0 1 Year Totals: 0 0 0 2 0 0 0 2 May 1988 Pinellas 0 0 0 0 0 0 1 1 Month Totals: 0 0 0 0 0 d 1 1 Juno low Pinellas 1 0 0 0 0 0 0 1 Month Totals: 1 0 0 0 0 0 0 1 Year Totals: 1 0 0 0 0 0 1 2 January 1987 Pinellas 0 0 0 0 1 0 0 4 Month Totals: 0 0 O O 1 0 0 1 Year Totals: 0 0 0 0 1 0 0 1 March 1988 Pinellas 0 0 0 1 0 0 0 1 Month Totals: 0 0 0 1 O .0 0 1 Yssr Totsis: d 0 0 1 0 O 0 1 March 1989 Pinellas 1 0 0 0 0 0 0 1 Month Totals: 1 0 0 0 0 0 0 1 July 1980 Pinellas 1 0 0 0 0 0 0 1 Month Totals: 1 0 0 0 0 0 O 1 October 16$9 Pinellas 1 0 0 b 0 .0 0 1 Month Totals: 1 0 0 d 0 0 0 1 Year Totals: 3 0 0 d 0 0 O 3 March 1990 Pinellas 0 0 0 2 0 0 1 3 .Month Totals: 0 0 0 2 0 0 1 3 Year Total*: 0 0 0 2 0 0. 1 3 May 1091 Pinellas 0 0 0 1 0 0 0 1 Month Totals: 0 0 0 1 0 0 0 1 June 1991 OPIGINAL 2 of S I !YE 9)W2005 1:27 PM JUM 18 2001 PLANS iNG DEFA01IWIENT CITY OF C;LEARWATER FEB -12 -2007 01 :08 PM DE SEVEN INC r 15 sou wuuuip MMUMWU usiuuur . Pinellas 0 0 Month Totals: 0 0 Year Totals: 0 0 Pinellas 1 0 Montle Totals: 1 O Year Totals: 1 0 . Plnellas 0. 0 Month Totals; O 0 Pinellas 0 0 Month Totals: 0 0 Year Totals: 0 0 . Pinellas 0 0 Month Totals: q 0 Pinellas 0 0 Month Totals: 0 0 Pinellas 1 0 Month Totals: 1 0 Pinellas 0 0 Month Totals: 0 0 Pinellas 0 0 Month Totals: 0 0 Yaar Totals: 1 0 Pinellas 0 0 Month Totals: 0' 0 Pinellas 1 0 Month Totals: 1 0 Pinellas 0 0 Month Totals: 0 0 3 of 9 727 50 2513 P.10 sup:11rtisasna.a� LA MjR3t1iH=f6niU=U— "1UIDIIlwy =- LN. "p:c... 0 1 0 0 7 0 0 z 0 October 1992 0 0 0 0 0 0 0 0 O March 1093 0 0 0 0 0 0 0 December 1995 1 0 0 0 0 0 0 0 0 0 February 1994 2 0 a 0 0 0 0 March 1994 1 0 0 0 0 0 0 June 1994 1 0 1 Q 0 1 0 August 1904 2 0 0 0 0 0 0 November 1994 1 0 0 0 0 0 0 0 1 0 March 1995 1 0 0 0 0 0 0 May 1995 1 0 0 0 0 0 0 June 1996 0 0 1 0 a 1 0 0 0 1 0 0 1 0 0 2 0 0 1 0 0 1 0 0 1 1 0 1 1 O � 1 1 2 1 1 2 Z 1 3 0 1 1 0 1 1 0 1 1 0 1 1 0 0 2 a O 2 0 1 1 0 1 1 1 1 2 1 1 2 1 4 T 0 1 1 0 1 1 0 0 1 O 0 1 0 1 2 0 1 2 JVN 181007 PLANNING DEEr"WINAENT CITY OF C;LEARWATER 9/26/2005 1:27 FM FEB -12 -2007 01:09 PM rleq aria wuuutc BELO SEVEN INC 727 0 2513 P.11 Kwft t:n uu�uu;ut cup: Nr08C9tCn .�Qi21aIfAtECS�BeBrcfl S reSWts. ��Y geprc,. August 1996 Pinellas 0 a 0 0 0 1 0 1 Month Totals: O 0 0 O 0 f 0 1 November 1896 Pinellas 0 0 0 1 0 0 1 Z Month Totals: O 0 0 1 0 0 1 9 Year Totals: 1 a 0 2 0 1 3 7 January 1996 Pinellas 0 0 0 0 1 0 0 1 Month Totals: 0 0 a 0 1 .0 0 1 June 1998 Pinellas 0 0 0 1 0 0 0 1 Month Totals: 0 0 0 1 0 a 0 1 July 1988 Pinellas Q 0 0 2 0 1 0 3 Month Totals: O a 0 Z a 1 0 3 August1996 Pinellas 0 0 0 0 0 0 1 1 Month Totals: 0 0 a 0 0 a 1 1 October 1996 Pinellas 0 0 0 1 0 0 0 1 .® Month Toads: 0 0 0 1 0 0 0 1 Year Totals: 0 0 0 4 1 1 1 7. January 1997 Pinellas 0 0 0 0 0 G 1 1' rss 00 fl-3 C Month Totals: 0 0 0 0 O February 1097 Pinellas 0 0 0 1 0 0 0 1 Month Totals: 0 0 0 1 0 0 0 1 May 1997 Pinellas 1 0 0 0 0 0 0 1 Month Table: 1 0 0 0 0 0 0 1 October 1997 Pinellas b 0 0 0 0 1 0 1 Month Totala: 0 0 p p 0 1 0 1 December 1897 Pinellas 0 0 0 0 0 0 1 q Mond Totals: 0 0 0 0 0 0 1 1 Year Table: 1 0 0 1 6 1 Z � 4 of 8 FES -12 -2007 01:09 PM DE SEVEN INC r lMn anu w iju a tWswun iAB =w S of 9 727 50 2513 P.12 4UPWreseaccla. March 1998 Pinellas 0 0 0 1 Month Totals; 0 0 0 1 / 1 0 0 May Igoe Pinellas 0 0 0 0 Month Totals: 0 0 0 0 0 1 0 O June 1998 Pinellas 0 0 0 0 Month T6tale: 0 0 0 0 1 1 0 0 Auguet199e Pinellas 1 0 q 0 Month Totals: 1 0 O 0 a 1 7 0 September 1980 Pinellas 1 0 0 0 Month Totals: I 0 0 0 I 1 D 1 December 1998 Pinellas 0 0 0 0 Month Totals: 0 0 0 p Year Totals: 2 0 0 1 1 Q 0 1 February Igoe Pinellas 1 0 0 q Month Totals: 1 0 0 0 March 1899 Pinellas 0 0 0 0 Month Totals: 0 .0 .0 0 August 1999 Pinellas 0 0 0 0 Month Totals: 0 0 0 0 November 1999 Pinellas 0 0 0 0 Month Totals:; 0 0 0 0 December 1999 Pinellas 1 0 0 0 Month Totals: 1 0 0 0 Year Totals: 2 0 0 0 February 2000 Pinellas 0 0 0 0 Month Totals: 0 0 0 0 May 2000 S of 9 OPIGINAL 9/26/1005 1:27 FM 18 2007 PLANNING DEFA01'MENT CITY CE GLEARWATER 727 50 2513 P.12 4UPWreseaccla. omt:nanateea/seerch summary_roaults.sapYa 0 0 1 2 0 0 1 2 0 0 / 1 0 0 1 1 0 0 0 0 1 1 0 0 0 1 0 O 0 1 0 0 0 I 0 0 0 1 0 0 1 1 0 0 1 1 0 0 a 7 0 0 0 1 o a a 1 7 0 2 3. 1 0 2 3 0 0 1 1 0 0 I 1 D 1 0 1 0 1 0 1 0 0 0 1 0 O 0 i 1 1 3 7 1 Q 0 1 1 0 0 1 OPIGINAL 9/26/1005 1:27 FM 18 2007 PLANNING DEFA01'MENT CITY CE GLEARWATER FEB -12 -2007 01:10 PM DE SEVEN INC 727 50 2513 P.13 r1SII anu w11U111C "Search 1=11UM m p. /Ireseamt1- myrw4manatees/searcn summery reKuts.asp' C... ' Pinellas 0 0 0 1 0 0 1 2 Month Totals: 0 O 0 1 0 0 1 2 June 2000 Pinellas 0 0 0 1 0 0 0 1 Month Totals: 0 0 0 1 .0 0 0 1 Year Totals: 0 b b 2 1 0 1 4 January 2001 . Pinellas 0 0 0 0 2 2 0 4 Month Totals: 0 0 0 0 2 2 0 4 February 2001 Pinellas 1 0 0 0 0 0 0 1 Month Totals: 1 0 0 0 0 0 0 1 July 2001 Pinellas. 0 0 0 1 0 0 0 1 Month Totals: 0 0 0 1 0 0 0 1 September 2001 Pinellas 0 0 0 0 0 1 0 1 Month Totals: 0 0 0 0 0 1 0 1 October 2001 Pinellas 0 0 0 0 0 1 0 1 Month Totals: 0 0 0 0 O 7 0 1 November 2001 Pinellas 0 0 0 0 0 1 0 1 Month Totals: 0 0 0 0 0 1 0 1 Year Totals: 1 0 0 1 2 5 0 9 March 2002 Pinellas 0 0 1 1 0 0 2 w Month Totals: .0 0 0 0 1 1 0 O 2 NU o z April 2002 .a Pinellas 1 0 0 1 0 1 0 3 �a.9 «, LU e--t Month Totals: 1 0 0 1 0 1 0 3 ov September 2002; Pinellas 1 0 0 1 0 1 0 3 Month Totals: 1 0 0 1 0 1 b 3 Year Totale: 2 0 0 3 1 2 0 8 February 2003 Pinellas 0 0 1 0 1 0 0 2 Month Totals: 0 0 1 0 1 0 0 2 March 2003 6 of 8 0/26/2005 1:27 PM 01 :10 PM J6` researcaa�lxv.vvav $- 12 —z00� • mn �aiu. w:iuute ecasys "a WFUT t4 p p 1 1 0 p p .p 0 0 7 Pinellas 0 0 0 Month Totals: 0 1 July 3003 1 D D 0 0 0 D Pinellas 1 0 0 0 0 0 0. Month Totals: Auger 2009 0 0 0 0 1 0 Pinellas . 0 0 1 0 0 0 0 Month Totals: 0 September 2009 0 0 D D 2 0 Pinellas 0 0 0 0 2 0 0 Month Torils: 0 60tober 2003 .0 0 0 0 0 0 � 0 0 . Pinellas 0 0 D 4 Month Totals: 1 OeWmber 2009 0 0 D 0 0 0 0 0 0 Pinellas 0 0 0 0 Month Totals: 1 0 0 1 3 Year Totals: 4 March 2004 0 0 1 0 0 0 0 0 Pinellas 0 0 0 0 Month Totals: O July 2004 0 D 0 0 0 � � 1 0 0 Pinellas 0 0 0 0 Month Totals: 1 August 3004 i 0 0 0 0 0 0 0 0 Pinellas 1 0 0 0 - 0 Month Totals: '! $eptember ID04 0 0 D D 0 1 0 0 0 0 Pinellas 0 0 Month Totals: 1 November 2004 0 0 0 0 0 0 � 0 0 0 Pinellas 0 0 0 1 0 Month Totals: 0 0 0 . 0 Year Totals: 4 January 2008 0 0 0 0 0 0 Pinellas 0 1 0 0 0 O 0 1 29 0 Month Totals: 0 0 0 0 Year Totals: 0 25 8 18 crond Totals: 24 0 1 7 2 2 1 1 1 1 8 1. 1 1 1 1 1 1 1 b 1 7 99 ORIGINAL - l�! 7 of 8 "..iN 18 2007 PLPNNf CLEAi2rNA E R Cirl 9/26/2005 1:2' „FEB -02 -2007 .11:53 AM DEEM SEVEN INC 727 50 2513 P.01 Avoidance and Minimization Report City of Clearwater Bay Esplanade Recreation Center Clearwater, Pinellas County, Florida January 2006 Prepared by Thomas R. Cuba Delta Seven Inc., PO Box 3241, Saint Petersburg, FL 33731 www.De1ta-Seven.c0M Owner City of Clearwater PO Box 4748 Clearwater FL 3358 -4748 Site Identification (ORIGII RECEIVED .JUN 18 2007 p1ANNii G uEPWWINENT CI1Y OF CLEARWATER The property is located in Section 5, Township 29S, Range 15E in the County of Pinellas and within the municipal boundaries of the City of Clearwater. PiD; 05/29/15/00000/330 /0100 Location The address of the property is 69 Bay Esplanade, Clearwater, FL. A location map has been attached (Appendix A). The latitude and longitude of the median point of the project site is N270 59'03,44"2 W0820 49'30.77”. Situation The City of Clearwater Bay Esplanade Recreation Center is a recreational center currently owned by the City of Clearwater that provides several activities including tennis, swimming, and basketball. There is a small finger pier located on the southwestern corner of the property by the pool, and a second small pier associated with the boat ramp located on the eastern side of the property facing the intracoastal waterway. The upland facility has a deck on the south side of the building which is very close to and may overhang the wafters of the state. A docking facility located in the cove directly south of the property would improve the usefulness of the recreation center, increase public attendance, and provide public access to the water. The general configuration of the waters to the south is sufficient to support a multiple slip docking facility. PAGE 1181 RCV0 AT 2121200711:38:30 AM [Eastern Standard Thel"SVR :RIGHTFAK111"DNIS :1 E CSID :727 550 25131 DURATION (mss):07.00 FEB -02 -2007 11:54 AM History DELTA SEVEN INC ORIGINAL Rl FIVED JUN 18 2007 727 510 2513 City of Clesm ater Bay EaPlanade Recreation Cents Avnidanee & Mini =tbn RWrt ptANNING uEFARiiviENT CITY OF CLEARWATER Based on the review of pinellas County historical aerial photographs, the site previously accommodated a docking facility with varying sized slips. For review, only the railroad existed in 1926. With expansion as of 1942, a main covered docking facility was built with several slips to the east. By 1951, various sized boat slips lined the entire cove. The main covered docking facility expanded to the cast. In 1973, the main covered docking facility was removed, and by 1975, the remaining slips were also taken out. In 2000, docks were constructed on the southern edge of the cove, which is not part of the project site. Presently, there are two small finger piers. One located south of the pool on the southwestern side of the property, and the other is associated with the boat ramp on the eastern section of the property. Please see aerial (Appendix A). There is an observation pier on the south side of the main. recreational building. General Upland Conditions The upland area is occupied with a swimming pool, tennis courts, basketball courts, and two municipal buildings with an associated parking lot. The wetland boundary is made by a concrete seawall in the western and eastern sections of the project site and is interrupted by a section of vegetated shoreline, which extends approximately 650 linear ft, Please see aerial (Appendix A). The western seawall is approximately 350 linear ft, and the eastern seawall is approximately 325 linear ft. General Wetland Conditions The waters associated with the property are fully submerged marine habitats. The intertidal zone associated along the vertical face of the eastern and western seawalls support oyster beds. The intertidal zone associated with the vegetated shoreline supports patchy oyster beds growing on construction debris contained within sand and mud flats. The shoreline is vegetated with mangroves. The subtidal zone associated with the project site contains several seagrass beds. composed mainly of shoal grass, Halodule wrighltl, and turtle Vass, Thalassia testudinum. There are two areas that contain both coralline and non- coralline hard bottom within the subtidal zone. These are both located in the waters surrounding the vegetated shoreline. The coralline hard bottom supports both soft and hard corals, as well as gorgonians, algae, and sponges. The non-coralline hard bottom supports mainly gorgonians, algae, and sponges. Both sand and mud flats separate the seagrass beds, coralline hard bottom, and non- coralline hard bottom. Resources at Alsk The existing natural resources located at the project site include intertidal oyster bars, mangroves, seagrasses, coral and non- coralline hard bottom, sand flats, and mud flats. There is approximately an 8-inch wide band of oysters, Crassostrea virginica, growing on the seawall. As a result of the construction debris from the. previously existing docks, there are patchy oyster beds in the intertidal zone of the vegetative shoreline. DAM w t Brun AT 11111nr7 WgQln All 1;2efam Qhndnd Thal t C41R- RICNTFdY111 t nNll~ -1 t rgm,777 MA 95111 MIRl1TION frn A0,01.00 P. 02 FEB -02 -2007 11:55 AM •. DELTA SEVEMyr�Li &NAp RECCCE711VWE JUN 18 2007 727 550 2513 P.03 pLANb NG DEFA -4 ivii_N C11Y Or CLEARWATER City of Clearwater voi Esplanade Minimization Center Avoidance 8c Mlnimi�rtion Report Both black (Avicennia germinans) and white mangroves (Laguncularla racemosa) are scattered along the entire length of the vegetated shoreline but do not occur in front of the seawalls. There is a small area of smaller mangroves, which looks like a mitigation effort. See Appendix A. There are several seagmss beds composed primarily of shoal grass, Halodule wrightii. Turtle grass, Thalussia testudinum, is occasionally present towards the deeper portions of the beds and more concentrated in the eastern seagrass beds probably due to the association of the open waters of the channel. There are small patches of coralline and non - coralline hard bottom associated with the construction debris. The western patch is composed mainly of soft and hard corals including gorgonians, algae, and sponges. The non - coralline hard bottom is strictly gorgonians, algae, and sponges. The remaining areas separating the seagrass beds, intermittent oyster beds, and coral are composed mainly of sand and mud fiats. Data Data was collected in order to assure that development decisions were made with the best available scientific foundation and environmental considerations: water quality, bathymetric survey, oyster description, manatee records review, survey of extent of sea grass, sea grasps description, and hard bottom description. Water Quality Water quality data was collected on March 30, 2005. Surface water samples were collected at four stations between 70 to 125 ft. off the seawall at the surface and an approximate depth of 1 ft. above the bottom (Appendix B). Samples were analyzed for fecal coliforms, priority metals. salinity, pfI, NH4(ammonia), NO3 (nitrate), and NO2 (nitrite), and PO, (ortho- phosphate). Additionally, secchi depth was recorded at all sites. Field results are summarized in Appendix B. Fecal coliform and metal samples were analyzed by Environmental Conservation Laboratories, Inc. (Appendix B). Other data were collected by Delta Seven Inc. field ecologists. Bathymetrie Survey The waters surrounding the project were surveyed bathymetrical by Foresight Surveyors, a registered florida land surveyor. The results are presented topographically in Appendix B, Wetland Delineation The limits of jurisdiction were determined to be the mean high water elevation (MHV). as depicted on the survey (Appendix B). The MW line was determined to be 1.28 NGVD as reported by the Point Identification Number 696' Florida Department of Environmental Protection Land Boundary Information System (www.labins.orE). (Appendix B) DAME Il0 9 or11n AT IMMA N 4440M All Mid= 06nd2rd ThAi t CUD-Dit wT;AY4li t 1 wq—i 1 min-717 40 4543 a ni]PATIAN 1mm.c&07.110 t i FEB =02 -2007 11:55 AM DEL A SEVEN INC 727 5b 2513 P.04 OPIGINAL I , -Y ED . ;U418 2007 P1AV4liliNG- DE76 -, l f'fI%NT Hydrographic Survey CITY OF CLEARWATER City of Clearwater Say Esplanade Rwrwdiea Censer Avoklanae dt Minimintion 8000' The scope of the hydrogmphic work is complicated by the physiography of the site. Because the site lies on a parcel which may be considered analogous to a headland, the southern waters are in a small basin while the eastern waters are quite unrestricted. There is an existing finger pier, which lies within the northwestern section of the basin. The general physiography of the site obviates the need for tidal exchange modeling. The regulations require that the permittee show evidence that any resulting pollutant discharge will be reduced to 10% pollutant concentration level in 4 days or less. The open nature of the waters and the direct connection to major water ways is sufficient to provide reasonable assurance that the waters within the docking facility will exchange at least once every four days (3.2.4.3(b) F.A.C). During the pre - application meeting on March 11, 2005, the need to define the scope of the hydrographic survey was discussed. An extensive hydrographic survey including 24 hour period current readings is an extremely expensive undertaking. It was discussed that the hydrographic survey used for the Belle Harbor condominium complex may be satisfactory due to the location of this complex, which lies in the southern portion of the same cove that is intended for use by the City of Clearwater Recreation Center. The study was conducted during the summer of 2002 and to repeat the same hydrographic study on the same basin would be redundant and an unnecessary cost to the permittee. The owner of the original study has released the information for use by the City. Using the calculations from the Belle Idarbor project (Appendix B), which occupies the southern portion of the basin, the number of days to achieve a reduction in pollutant level to 10% is 3.95 days, and therefore, the City of Clearwater Bay Esplanade Recreational Center docking facility will meet the regulations for the reduction ofthe pollutant concentration to 10% in four (4) days, or less. Salient Project Information • There are to be no live aboard vessels allowed at the site. • There are to be no fueling facilities at the site. • There are to be no domestic sewage pump -out facilities at the site. • Solid waste (trash) facilities will be provided. • The practices and guidelines of the FDEP Clean Marina Program will. be followed. To assist in determining the scope of data collection the following site information is provided: Appendix A: Location Map of Project Site. Appendix A: Aerial of Project Site. Appendix A: Detailed Physical Description of Project Site Aerial. Appendix A: Water Quality Sample Site Locations. PAU 112t Prim AT 91919nm 44- 12-9i1 AM IFactam Rtandard Timal a IRWRINTFAYIII A DNIR-1 t CRID -777 550 7513 1 DURATION ft- ss1:07.00 FEB =02 -2007 11:56 AM DELTA SEVEN INC. 727 5 2513 . ................... . ORIGINAL lei=CEIVED JUN 18 2107 PLAIN+ NG DEFAI- 4IVIEN1 of Cieermter Bey Boplanade Recreation Canter ( 17Y OF CLEARWATE Avoidenoe de Minlnnzalon Report Appendix B: Water Quality Results from ENCO. Appendix B: Foresight Bathymetric Survey, Appendix B: Mean High Water Elevation, Florida Design Consultants, Inc. (20b2). Appendix B: Belle Harbor Hydrographic Survey by gn Appendix 13: Foresight Seagrass Survey. Appendix D: Original Waterline Docking Facility Layout. Appendix D: Revised Waterline Docking facility Layout. Appendix F. City of Clearwater Bay Fsplanade Docking Facility Legal Description Appendix H: Coral Species Matrix Appendix I: Manatee Records Manatee Records Manatee records kept by the FFWCC Florida Marine Research Institute were obtained and reviewed. There were two (2) manatees killed by watercrafts in Clearwater Harbor area between 1974 and July 2005. one death on May 20, 1997 and the other on July 16, 2003. One manatee died by an undetermined cause on November 7,1995 and one death resulted from cold stress in this area on February 10, 2003. The total number of manatees killed by watercraft$ in all of Pinellas County in between January 2000 and July 2005 is 11 with the majority of deaths in bath Tampa and Boca Ciega Bays (Appendix 1). Therefore, it is not expected that the proposed docking facility will increase the threat to manatees in this area. During field work performed on March 30, 2005 and May 6, 2005, no manatees were observed in the area, but they are known to frequent these waters. See Appendix I for the manatee records. Sea Grass Survey Sea grasses were surveyed by Foresight Surveyors, a Florida registered land surveyor under the guidance of Delta Seven, Inc. ecologists. The results are contained in Appendix B. Sea Grass Description There are several seagrass beds on site. They are composed of a mix of shoal grass, Falodule wrightii, and turtle Bass, Thalassia testudinum. The sea grass bed along the western seawall is the largest in size, but is sparse and patchy consisting mainly of Halodule wrightii, it is less dense in seagrass coverage and is therefore expected to be somewhat ephemeral. The seagrass beds bordering the vegetative shoreline are smaller and similar in character, consisting of Halodule wrightii. The sea grass is non - coalesced and discontinuous. There are spotty clumps containing approximately 5 to 10 shoots and they are more epiphytized than the seagrass beds bordering the western seawall. The seagrass bed bordering the eastern seawall is the most dense and is a mixture of Halodule wrightii and Thalassia tettudinum. This bed is more epiphytized, lush, and expected to be persistent. Dens 2 E DPIM AT 9619W 111R,ln AM lFadpm Standard Timel l 9WRICHTFAY111 % DNIS -1 E CRID -727 550 25W DURATION fmss1:07.00 P.05 PEB -'02 -2007 11:57 AM DELTA SEVEN INC 727 A 2513 P.06 ORIGINAL REi-rl ED JUN 18 2007 pLANNiNO DEFARI IMEN7 Hard Bottom Characterization CITY O`F. (:LEARWATEP City of Claar rater Bay EeplanOb RncMation Caotot Avoidance & Minimir tlon Rvpon on the seawalls, there is approximately an $ -inch wide band of oysters, Crassostrea virginica, accompanied by the associated epibiota, composed mostly of barnacles (Balanus asp.) and the small green winter alga Enterompropha sp. Neither of these were common but were present. The oyster beds present adjacent to the vegetated shoreline is located strictly on the construction debris, which is scattered infrequently along the shoreline. There are two areas of coralline bottom and one area of non- coralline live bottom. All areas are marked on the survey done by Foresight Surveyors. The coralline live bottom contains the red boring sponge, Cliona sp., the lesser starlet coral, Siderastrea radians, and a flower coral, Oculina sp. The non- comllinc live bottom consisted of gorgonians including the purple whip, Leptogurgla virgulata, and tunicates, Styela pllcata. Appendix H shows a matrix of the coral. species present on the project site. Discussion The project site includes distinctly productive and desirable habitats such as seagrass beds, oyster beds, sand and mud flats, and both coralline and non- coralline live bottom. The oyster beds consist of Crassostrea virginlea, barnacles (Balanus sp), and alga Enterompropha sp. There is a striking difference in the structure of the grass beds composed of shoal grass, Halodule wrighiii, and turtle grass, Thalassia testudinum. The seagrass beds along the western seawall is the largest but is sparse, patchy and less dense in seagrass and epiphyte coverage. The seagrass bed bordering the eastern seawall is the most dense in seagrass and epiphyte coverage. The coralline and non- coralline live bottom contains the red boring sponge, Mona sp., the lesser starlet coral, Siderastrea radians, flower coral, Oculina sp., gorgonlans including the purple whip, Leptogorgia virgulata, and tunicates, Styella pllcata. The results of the data collection led to the evaluation of alternatives to avoid impacts on the most productive areas and improve conditions in the most impaired areas. Avoidance The habitats which would be expected to be most severely impacted by the construction of docking facilities are the grasses, oysters, and corals. The anticipated impacts include the effects of shading and water quality. Effects of shading and water quality will impact the grasses and corals. The original layout of the docking facility forced the boats to drive over the seagrass beds and corals (Appendix D). Once it was learned that there were grass beds in the area, the question of avoidance arose. In order to completely avoid all impacts to these resources, the design of the docking facility was changed so that the main walkway borders the edge of the seagrass beds and corals and the fingers extend out. The eastern main access walkway was placed in an area void of mangroves, seagrasses, and corals to abate any harmful environmental impacts. The revised layout is shown in Appendix D. Minimization oar_c F►Q E VIM AT 11119AN 44-121A hht tGacfom Ctandarrl Tima1 E WHICNTF111i111 t IiN H 1 rRin-797 55B ?513 t 1111RCTION imm- W.117.00 FEB -02 -2007 11:58 AM DE* SEVEN INC /r �121GlI�Ai, I ` 1118 2007 727 502513 P.07 P1 ANhiWG DEFAR.ffV :v,F City of Cleamter Bay P.eplanade P- ,Mution Canter CRY OF CIYAPIYAT , AvoldOnce & minimbaWon Rq*n The layout of the project was redesigned to reduce the all impacts to the seagrass beds and corals to the maximum extent Possible without sacrificing the utility of the dock. The eastern access walkway will be constructed in a space void of mangrove, seagrasses, and corals also eliminating any shading impacts. The original configuration of the slips was changed s walkway bordering main walkway (Appendix D) to a flee standing, dock with the main access seagrass beds and finger piers extending south into deeper waters. The apparent limitation to growth of seagrasses is light penetration and the revised layout of the docking facility will not result in any new shading.to seagrasses, oysters, and corals. This structure was primarily redesigned to extend beyond the zone capable of supporting submerged aquatic 'vegetation (SAV). All slips are located over non - vegetated bottom. To further minimize impacts on water quality, the number of slips was also reduced from 52 to 42 slips. There is no need for dredging to build this docking facility thus eliminating destruction of any subtidal habitat and possible water quality issues. Cumulative Impact A large docking facility had been constructed in the waters adjacent to the City of Clearwater Bay Esplanade Recreation Center several decades ago. The proposed facility is not a replacement, but is smaller and designed to be more sensitive to local ecological features. The basin is suitable for moorings and in fact was originally constructed with that intent. The property is owned by the City of Clearwater and the construction of a marina is contained in the municipal plans. Please seethe legal description (Appendix F). Residents currently use the waters and existing dock regularly. It is anticipated that the total boating load on the local waters will not be affected by the proposed docking facility. In order to further improve the positive aspects of the facility, the City of Clearwater will participate in the Clean Marina Program and will also post manatee and seagrass awareness signs as needed. In summary, the project has been reduced in scope to protect the most functional resources while still providing mooring space for the residents. The addition of 42 new slips will not result in secondary or cumulative impacts adverse to the local ecology. Public Interest The addition of the docking facility to the recreation center is in the public interest. There will be no resulting negative impacts on the health, welfare, safety, or property of others as a result of the project. As the facility is to be located in a high traffic public area, an opportunity exists to educate the public on the natural resources located in the area. Consistent with state regulations, manatee education signs will be posted on the property near the walk -outs to the docking facility, Manatee awareness signs will be posted at both main access walkways so as to be visible by anyone walking out to the dock. In addition to the required manatee signs, educational signs depicting, natural resources in the area will be placed around the property. These signs will PAGE 7191 RCVD AT 2121200711:38:30 AM [Eastern Standard Thel I SVR.RIGHTFAX111 t DNISA E G8I0,727 550 2501 DURATION imss),07-00 FEB -02 -2007 11:59 AM DE& SEVEN INC 727 0 2513 P.08 City of Clearwater Bay Bapl%TWe Reoteation Center Avoklffl= & MinimbOon Report include images and educational information relating to the local resources. The resources depicted will include seagrasses, corals, birds, fish, and mangroves. Fish, wildlife, and-habitat issues have been addressed during the design phase of the project. As a result of site inspections and ecoloj&al investigation, designs have been developed in a manner consistent with the protection of the existing natural resources of the site, including mangroves, seagrasses, and coralline and non- eoralline hard bottom. Navigability of the adjacent waters will not be impacted as a result of this project. The adjacent waterway contains sufficient navigable area to allow for vessels to easily maneuver into and out of the docking facility. Historically, the site has been the location of docking facilities. No . encroachment on marked navigable channels will result from this project. The project will have no impact on water flow. Hydrographic studies at the site have demonstrated that there will be no negative water quality impacts as a result of the project and that sufficient tidal exchange exists to allow tidal. exchange of the water at the site to occur in less than four days. In addition, water quality analysis has indicated no violations of state water quality standards. Measures, such as the use of turbidity barriers during construction, will be taken to ensure adverse impacts to water quality will not occur. The completion of this project will have a positive impact of the public's accessibility. to the recreational uses of the adjacent waters, The project will provide greater boating access to the surrounding waters and may include a fishing pier in the future. In addition, the public interest will be improved as a result of increased ease of access to the recreation center located at the project site. Current access is only available by land or via use of the limited boat ramp access at the site, The docking facility will serve to increase the public's ability to access the recreation facility. ORIGINAL JUN 18 2007 pLAN INC4 DEFARTIMENT CITY OF C;LEARWATER PAGE 8181RCVD AT 2121200711.38;30 AM (Eastern Standard Thej t SVR:RIGHTFAX111 I DNIS:1 t C$10:72755025131 DURATION (mmis):07.00 • • DRAFT SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43020065.001 EXPIRATION DATE: April 24, 2012 PERMIT ISSUE DATE: April 24, 2007 This permit is issued under the provisions of Chapter 373, Florida Statutes, (F.S.), and the Rules . contained in Chapters 40D-4 and 40, Florida Administrative Code,.(F.A.C.). The permit authorizes the Permittee to proceed with the construction of a surface water management system in accordance with the information outlined herein and shown by the application, approved drawings, plans, specifications, and other documents, attached hereto and kept on file at the Southwest Florida Water Management District (District). Unless otherwise stated by permit specific condition, permit issuance constitutes certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341. All construction, operation and maintenance of the surface water management system authorized by this permit shall occur in compliance with Florida Statutes and Administrative Code and the conditions of this permit. PROJECT NAME: Clearwater Recreation Center Docking Facility GRANTED TO: City of Clearwater Marine and Aviation Department 25 Causeway Boulevard Clearwater, FL 33767 ABSTRACT: This project involves the construction of a 42 -slip public docking facility, approximately 0.47 mile north of the intersection of SR 60 and Mandalay Avenue in Pinellas County. Boardwalk access to fixed finger piers will be constructed over an unvegetated open water area. The dock facility will be constructed along a segment of the northern shoreline of a basin in Clearwater Harbor, and will not require dredging. Proprietary authorization for activities over submerged lands.-pursuant to Chapter 18- 21, F.A.C. Is not required. OP. & MAINT. ENTITY: City of Clearwater Marine and Aviation Department COUNTY: Pinellas SEC/TWP /RGE: . 05/29S/15E TOTAL ACRES OWNED OR UNDER CONTROL: 4.13 PROJECT SIZE: 0.28 Acre LAND USE: Government DATE APPLICATION FILED: June 29, 2006 (ORIGINAL. AMENDED DATE: N/A RECEIVED JUN 18 2007 PLANNING DEPARTMENT CITY OF CLEARWATER • • Permit No.: 43020065.001 DRAFT Project Name: Clearwater Recreation Center Docking Facility Page: 2 of 5 Water Quantity /Quality Neither water quantity attenuation nor water quality treatment is required. Hydrographic studies demonstrate that flushing time (the time required to reduce the concentration of a conservative pollutant to ten percent of its original concentration) for the marina basin is approximately four days, generally the maximum that is desirable for docking facilities. Pollutants leaving the docking facility are expected to adequately disperse in the receiving water body so as not to significantly affect existing ambient water quality. Pilings will be wrapped in PVC, and no fueling or sewage pump -out facilities are proposed. A mixing zone is not required. A variance is not required. II. 100 -Year Floodplain Encroachment Acre -Feet of fill Compensation Acre -Feet of excavation 1 1 Compensation Type I Encroachment Result (feet) 0.00 0.00 N/A N/A III. Environmental Considerations Wetland /Surface Water Information Count of Wetlands: 1 Wetland Name Total Not Impacted Permanent Impacts Temporar, Impacts Acres Acres Acres Functional Loss' Acres Functional Loss' Canal 0.28 0.00 0.28 0.00 0.00 0.00 TOTAL 0.28 0.00 0.28 0.00 0.00 0.00 " For impacts that do not require mitigation, their functional loss is not included. Wetland Comments: The subject project is a public 42 slip docking facility proposed for construction within an existing east -west oriented surface water /canal that is perpendicular to the adjacent Mandalay Channel segment of Clearwater Harbor. The waterbody is not Sovereign Submerged Land. Natural resources within the project area include mangroves, associated tidal shoreline habitat and submerged aquatic vegetation /sea grass. The walkways, finger piers and mooring areas /slips will be constructed waterward of the existing sea grass beds and will not cause adverse impact to any of the existing natural resources. One boardwalk, extending from theaojacent upland'and between the existing mangroves, will provide the only access from the upland to the facility. All pilings will be encased in protective /leach preventive material. Water quality will not be impaired, as demonstrated by a flushing /hydrographic study submitted with the permit application. Sea grass and Manatee warning /education signs will be placed at various locations within the project area. A total of approximately 0.28 acre of impact to the surface water and sand bottom is considered a de minimis impact not requiring mitigation. A regulatory conservation easement is not required. A proprietary conservation easement is not required. OPIGINAL DECEIVED JUN 18 2007 PLANNING DEFhRi "IifiENT CITY OF CLEARWATO Permit No.: 43020065.001 D R.A F T Project Name: Clearwater Recreation Center Docking Facility Page: 3 of 5 SPECIFIC CONDITIONS 1. If the ownership of the project area covered by the subject permit is divided, with someone other than the Permittee becoming the owner of part of the project area, this permit shall terminate, pursuant to Section 40D- 1.6105, F.A.C. In such situations, each land owner shall obtain a permit (which may be a modification of this permit) for the land owned by that person. This condition shall not apply to the division and sale of lots or units in residential subdivisions or condominiums. 2. Unless specified otherwise herein, two copies of all information and reports required by this permit shall be submitted to: Tampa Regulation Department Southwest Florida Water Management District 7601 U.S. Highway 301 North Tampa, FL 33637 -6759 The permit number, title of report or information and event (for recurring report or information submittal) shall be identified on all information and reports submitted. 3. The Permittee shall retain the design engineer, or other professional engineer registered in Florida, to conduct on -site observations of construction and assist with the as -built certification requirements of this project. The Permittee shall inform the District in writing of the name, address and phone number of the professional engineer so employed. This information shall be submitted prior to construction. 4. Within 30 days after completion of construction of the permitted activity, the Permittee shall submit to the Tampa Service Office a written statement of completion and certification by a registered professional engineer or other appropriate in as authorized by law, utilizing the required Statement of Completion and Request for Transfer to Operation Entity form identified in Chapter 40D- 1.659, F.A.C., and signed, dated and sealed as -built drawings. The as -built drawings shall identify any deviations from the approved construction drawings. 5. The District reserves the right, upon prior notice to the Permittee, to conduct on -site research to assess the pollutant removal efficiency of the zurface water management system. The Permittee may be required to cooperate in this regard by allowing on -site access by District representatives, by allowing the installation and operation of testing and monitoring equipment, and by allowing other assistance measures as needed on site. 6. The construction of all wetland impacts and wetland mitigation shall be supervised by a: qualified environmental scientist /specialist/consultant. The Permittee shall identify, in writing, the environmental professional retained for construction oversight prior to initial clearing and grading activities. 7. Wetland buffers shall remain in an undisturbed condition except for approved drainage facility construction /maintenance. 8. The following boundaries, as shown, on the approved construction drawings, shall be clearly delineated on the site prior to initial clearing or grading activities: A. wetland buffers, andaiGINA B. limits of approved wetland impacts. JUN 18 2007 PIANNNG �Ij)EFAWI [VIENT CITY OF CLEARWATER r� u Permit. No.: 43020065.001 DRAFT Project Name: Clearwater Recreation Center Docking Facility Page: 4 of 5 The delineation shall endure throughout the construction period and be readily discernible to construction and District personnel. 9. Wetland boundaries as shown on the approved construction drawings shall be binding upon the Permittee and the District. 10. All construction is prohibited within the permitted project area until the Permittee acquires legal ownership or legal control of the project area as delineated in the permitted construction drawings. 11. Manatee protection d u ring. construction shall be provided by the following: A. The Permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for monitoring water - related activities to determine the presence of manatee(s). B. The Permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, The Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. C. Turbidity barriers shall be made of material in which manatees cannot become entangled, properly secured, and regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry to or exit from essential habitat. D. All vessels associated with the construction project shall operate at "no wakerdle" speeds at all times while in the construction area and while in water where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. E. If manatee(s) are seen within 100 yards of the active construction /dredging-operation or vessel movement, all appropriate precautions shall be implemented to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. Any equipment closer than 50 feet of a manatee must immediately cease operation. Activities will not resume until the manatee(s) has departed the project area of its own volition. F. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission's Hotline at 1- 888 -404 -FWCC. Collision or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1- 904 -232- 2580) for north Florida or Vero Beach (1- 561 - 562 -3909) for south Florida. G. Temporary signs concerning manatees shall be posted prior to and during all ' construction /dredging activities. All signs shall be removed by the Permittee upon completion of the project. A sign measuring at*least 3 feet by 4 feet. which reads "Caution: Manatee Area" must be posted in a location prominently visible to water related construction crews. A second sign must be posted,if vessels are associated with'the construction, and must be visible to the vessel operator. The second sign must be at least 8' /Z inches by 11 inches which reads "Caution: Manatee Habitat. Idle speed is- OPIGINAL '! 18 2007 PLANNING DEPAR SENT CITY OF CLEA,IatWATER Permit No.: 43020065.001 DRAFT Project Name: Clearwater Recreation Center Docking Facility Page: 5 of 5 required if operating a vessel in the construction area. Any equipment closer than 50 feet of a manatee must immediately cease operation. Any collision or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commissions' Hotline at 1- 888 - 404 -FWCC (1- 888 - 404 - 3922).° 12. This permit is issued based upon the design prepared by the Permittee's consultant. If at any time it is determined by the District that the Conditions for Issuance of Permits in Rules 40D- 4.301 and 40D- 4.302, F.A.C., have not been met, upon written notice by the District, the Permittee shall obtain a permit modification and perform any construction necessary thereunder to correct any deficiencies in the system design or construction to meet District rule criteria. The Permittee is advised that the correction of deficiencies may require re- construction of the surface water management system and /or mitigation areas. GENERAL CONDITIONS 1. The general conditions attached hereto as Exhibit "A" are hereby. incorporated into this permit by reference and the Permittee shall comply with them. Authorized Signature OPIGINAL RECEIVED JUN 18 2007 PLANNING DEFAi- MIENT CITY OF CLEARWATER EXHIBIT "A" 1. All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit. 2. This permit or a copy the complete with all conditions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff., The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. For general permits authorizing incidental site activities, the following limiting general conditions shall also apply: a. If the decision to issue the associated individual. permit is not final within 90 days of issuance of the incidental site activities permit, the site must be restored by the permittee within 90 days after notification by the District. Restoration must be completed by re- contouring the disturbed site to previous grades and slopes re- establishing and maintaining suitable vegetation and erosion control to provide stabilized hydraulic conditions. The period for completing restoration may be extended if requested by the permittee and determined by the District to be warranted due to adverse weather conditions or other good cause. In addition, the permittee shall institute stabilization measures for erosion and sediment control as soon as practicable, but in no case more than 7 days after notification by the District. b. The incidental site activities are commenced at the permittee's own risk. The Governing Board will not consider the monetary costs associated with the incidental site activities or any potential restoration costs in making its decision to approve or deny the individual environmental resource permit application. Issuance of this permit shall not in any way be construed as commitment to issue the associated individual environmental resource permit. 4. Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards. The permittee shall implement best management practices for erosion and a pollution control to prevent violation of state water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 5. Water quality data for the water discharged from the permittee's property or into the surface waters of the state shall be. sub mitted:to.the District as required by the permit: Analyses shall be performed according to procedures outlined in the current edition of Standard Methods for the Examination of Water and Wastewater by the American Public Health Association or Methods for Chemical Analyses of Water and Wastes by the U.S. Environmental Protection Agency. If water quality data are required, the permittee shall provide data as required on volumes of water discharged, including total volume discharged during the days of sampling and total monthly volume dis- charged from the property or into surface waters of the state. OP101NAL ._2007 ERP General Conditions PLANNING DEFAWnfiENT Individual (Construction, Conceptual, Mitigation Banks), General, CITY OF CLEARWATER Incidental Site Activities, Minor Systems Page 1 of 3 41.00-023 {03104) 9 • 6. District staff must be notified in advance of any proposed construction dewatering. If the dewatering activity is likely to result in offsite discharge or sediment transport into wetlands or surface waters, a written dewatedhg plan must either have been submitted and approved with the permit application or submitted to the District as a permit prior to the dewatedrig event as a permit modification. A water use permit may be required prior to any use exceeding the thresholds in Chapter 4013-2, F.A.C. 7. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7" ays after the construction activity in that portion of the site has temporarily or permanently ceased. 8. Off -site discharges during construction and development shall be made only through the facilities authorized by this permit. Water discharged from the project shall be through structures having a mechanism suitable for regulating upstream stages. Stages may be subject to operating schedules satisfactory to th e District. 9. The permittee shall complete construction of all aspects of the surface water management system, including wetland compensation (grading, mulching, planting), water quality .treatment features, and discharge control facilities prior to beneficial occupancy or use of the development being served by this system. 10. The following shall be properly abandoned and /or removed in accordance with the applicable regulations: a. Any existing wells in the path of construction shall be properly plugged and abandoned by a licensed well contractor. b. Any existing septic tanks on site shall be abandoned at the beginning of construction. C. Any existing fuel storage tanks and fuel pumps shall be removed at the beginning of construction. 11. All surface water management systems shall be operated to conserve water in order to maintain environmental quality and resource protection; to increase the efficiency of transport, application and use; to decrease waste; to minimize unnatural runoff from the property and to minimize dewatering .of offsite property. 12. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District a written notification of commencement indicating the actual start date and the expected completion date. 13. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the occupation of the site or operation of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local government or other responsible entity. 14. Within 30 days after completion of construction of the permitted activity, the permittee shall submit a written statement of completion and certification by •a registered professional engineer or other appropriate individual as authorized by law, utilizing the required Statement of Completion and Request for Transfer to Operation Entity form identified in Chapter 40D -1, F.A.C. Additionally; if deviation from the approved drawings are discovered during the certification process the certification must be accompanied by a copy of the approved permit drawings with deviations noted. �iRl�lf�l,41., JUI! 18 2007 ERP General Conditions PLANNING DUKICIMEN1 Individual (Construction, Conceptual, Mitigation Banks),. General, CITY OF C LEAF2WATER. Incidental Site Activities, Minor Systems Page 2 of 3 41.00 - 023{03/04) 0 0 15. This permit is valid only for the specific processes, operations and designs indicated on the approved drawings or exhibits submitted in support of the permit application. Any substantial deviation from the approved drawings exhibits, specifications or permit conditions, including construction within the total land area but outside th approved project area(s), may constitute grounds for revocation or enforcement action by the District, unless a modification has been applied for and approved. Examples of substantial deviations include excavation of ponds, ditches or sump areas deeper than shown on the approved plans. 16. The operation phase of this permit shall not become effective until. the permittee. has complied with the requirements of the conditions herein, the District determines the.system to be in compliance with the permitted plans, and the entity approved by the District accepts responsibility for operation and maintenance of the system. The permit may not be transferred to the operation and maintenance entity approved by the District until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall request transfer of the permit to the responsible operation and maintenance entity approved by the District, if different from the permittee. Until a transfer is approved by the District; the permittee shall be liable for compliance with the terms of the permit.. 17. Should any other regulatory agency require changes to the permitted system, the District shall be notified of the changes prior to implementation so that a determination can be made whether a permit modification is required. 18. This permit does not eliminate the necessity to obtain any required federal, state, local and special District authorizations including a determination of the proposed activities' compliance with the applicable comprehensive plan prior to the start of any activity approved by this permit. 19. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40D-4 or Chapter 40D -40, F.A.C. 20. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system. 21. Any delineation of the extent of a,wetiand or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under section 373:421(2), F.S., provides otherwise. 22. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rule 40D- 4.351, F.A.C. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a. result of any permit violations prior to such sale, conveyance or other transfer. 23. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with District rules, regulations and conditions of the permits. 24. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the District and the Florida Department of State, Division of Historical Resources. 25.- The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. ERP General Conditions ., Individual (Construction, Conceptual, Mitigation Banks), General, Incidental Site Activities, Minor Systems JUN 18 2007 Page 3 of 3 41.00 -023 {03/04) PLAiVNNG DEFAKI KENT CITY OF CLEARWATER FES -02 -2007 10:41 AM D A SEVEN INC 727 #W 2513 P.02 EXHIBIT, UTEMAL nMffa iLS1M VMo STAN OF TLMML- ' 7iL9 gyro. l�, gal. . XXON ALL tW BY =3% F03'.ar i i 'gnat %be 0M1Av'a1va9L5 the Traatees of the Inikernal Improvement thrall of the State Of Florida, under aaa by virtue of the vidhority of leation 1081 of the Reriaed- 0anai•ai Statutes of Yloridap and accoralaa to . the proviasone and.Arocadmm Xmviaea tar iA %0ILQ4 1062 Of . the itevieed Oenarel Itatntes of Florida. A= tar end in consideration of the one of Three Thaksand, five 7asadred add 08/100 aollare (33"aw.00) to ttnem 1nt bLM Paid by the . • Meamater inland Bridge Compaaps a acsparation osgaaiaed dad w3dA ting aisdlr the .ire of the hate of Florida of MUstorca& C 7, r1oridao raccipt of .high in hereby ackaowledgea, bare granted, bargained. gold and eonv.7ea to the Raid 0leareatea ! Inland Bridge CwMeay Red'ita euaoesaors and X20114"191 t'erarere _ those certain eubwMAICL leads,•4aaaribea as followa■ to-0t: 'JIggianing at a paint 300 feet Soath of the North *"I ooe'ner of Let a, Section Be Toymn&ip 199.8outh, s Lase 18 ast, ' •� Thence 3ast to mw ':set aide Of channel be*"@& '. Brie >mt wd Raw" rMe i'henoe is a aoaa►ernly coarse along Wow* aide cd' said ahanoei to a polat Rao feet Sowth at the 9oath liaa Of came Jectiom 5. and opposite tba jmth bounda:7 of proaertt baloMiag' to Olee=rateP Island MAW Cor4sw. ThenOO ilsat patellar to Section isms i,en lest " . mom or loan to an intervention Frith the 00161W �• high water line on Sand Xmy, ' Thence in a Nuftex"IF aonras elves the average r highs stater 11411 t0 Pout of %e affe _ Excepting and ezaluding there2roa► a stripp of Lana in front of ptapertr aseded to 011r or alearvater ,. by Clearwater.Ilsiaaa a;idge aampa,V. . ;t containing aster above,excoption so acres more ox O1 to sea 7�1 O� O OT Ais wag Kd•! n i� Pe>t *. C1eawater ieiand Eridgr CaupWV ea ?and Lye • . , Swath, Range 15 Ike*,eacantF of F7 R40, a til ORIGINAL PLANNING DEirAWNIENT CITY OF CLEARWATER PAGE W12' RCVD AT WV200710;25;42 AM [Eastern Standard Time]' SVR:MGHTFAX111 S DNI8.1 E CSID,727 550 2313E DURATION (mm'ss),10'24 FED -02 -2007 10:41 AM DOA SEVEN INC 727 2513 P.03 • ' w /l '%}� ' j 1 '7 0+� To nyx An T4 NOLS Us said above meationed, ahil, deeorib;d land and yroMmeei and all the title and interest of tU Tmotee■ therein ae Xraated. to then bt seotion 1061 of the a mised penesal stabates fir norsda, unto the efts Giew. WR1er Island Grime Oompasy and its aveoedeors and Matisse. �ore�■s. 3AP33IG AND RZS=UXO unto the Tranteee of the internal improvebmeat ftnd of Florida, end their sWaceeaaors.. an undi*ided thr+ao- laariha interest in oad title in oad to an anUvidea three- • Ibprtbs 14tereet in all the phosphate, minerals, Mad metals that ore or ma be in. ad or under the said, above deeeribed leads, sad an Undivided one- halt,intereat in and title in ezd to an oadivi"t one -hali inherent is aU the m*rolsux that is or mar be in or �• _ under the sate• above aeaesS.bed 1amA, with the privilege to mine and de »ley the seal, i XN mung smor, no trastees or the Interntl impraverant !Unt of the State of Florida have I hereto eabsoribed their names and afn=4 theis seat to abm eorpany at s■ax.s, and havo oouard the real of 'TR Clowwatert TLa. yhpARZOr W Ali3IQUZVM CP _n MAM of Ymb. lag 19311. F Fl=31k, to be hereunto affixed. at no Capitol, in the City of ftllahaeess, ot1 Was the lath der of yeana271 Jobh w.Kartin, __ —_lama) rao�. Ernest Amos m2m) .T ran (om) u0mr- alas w off' --�. PAGE 3112' RCVD AT 2121200710 :25:42 AM [Eastern Vandard Time[ E SVR:MGHTFAX111 ! HIM I C8I0 :727 550 2513 " DURATION (mmis):10.24 ORIGINAL t CE1VE'D JUN 18 2.007 PLANNING DEPAWINVIENT CITY OF CLEARWATER FES -02 -2007 10:42 AM D &A SEVEN INC 727100 2513 P.04 •. -009 e4age OF COF • ..•� �. r - r.� AT -- ia , t Aa V64- Al- .... .rte. • _. / , �` � ... 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V' iwa MIMIr 'Qatsi ye 0411,0 It � li.. ,s:'�• ,�a�;Ira�aaf�d tx., _ % ''k. 10 d. v4A Trot? 1'ivi ( 9, 51" lset- di vias1' s�atusted�al= Yight:osigia:•fsa�'yhi �iietsr or o bridge sa.,Y:tda�stl• :j' Or ib t0 " ■ tS♦:'' dal' i C ��{]�: {bel�lNit �: ! =M CI $ r Ir` bead,• =t{) 41 +tilt' .sL r: �'� �..:. � p. ..",1'kt•, tf ;t! um-as ! +itii a4� : - 41A batdgi to'a:pow ow the flerih lj6e at sna • o'1e i.�4Sty;t'+c'uutt,eade�ais4 �7 stt �s�tbd' aoiat;' br�i�iRia6s ;'Qi6itlsei:.itss��nt1•s7➢�S>re _. _f•,uY�- i,2i!► said•parsti ; et ;i�i�'d'ese'hirihT�t�ni�'irar,' rash ';�lii-'titYirti'se;id�wd•aad'. 'f i►sil'dit`sas �,til' Anal inrit�' elita • or d11'46saunm 'e+haars"Vorj : " :. •. !pkis rodinsj nar !a uetle'sod is ip6a'iabJiet to AYs °44Sb;+i�!6 onrpaiati wad'oeadlliasr. t.* tt'• 1.1hct sild:p'ralgrty t0LU be used by Uo GUY of C'i�tre _r !as' Peblie = pirlt''parpos}d' �!• . t � eaYi°r•S, r�ii6EAiessmtn�hslL *bs,asda by. Riy'•�1.•_: - i• , 8.'?bbt its atsaati`rmloai:`T04� ib+ ens, skid iprorriF swept: v1sh •Jena, b� fho gliistor !ts'sdaoeggars os- assfiase sA Ostia�,. ' . Tbert 6h+ srrid'prooriq Null not b• gold er,cw; led ;b� the' tdw a*" esgeire'f,4s i ;• parry Of till flrmt peso; W6 aucessora or sign3�rs, d. That the oi%y sf alearsater skull not mok+ MY obi44 1'6i tba vie of am Oath basses that it sry eraoi as gKid proprtKy. � t ' S: "All the party, of the Yirst pals its !"ofssers or.as■lgtd dials hail she right :s opsl I 1 tbrsuah said pAwk •11 strsote riioessary for it Ili aueaedaoii:or,saMigtts w opsp Se•propngy nbdsul" ` plat leutds Oared by 14 gi► hereartwi tititiairtid by It f�!tr�s'1,`ossfsNa'.w ti rasigas on clelvesur,l4. end _ . . 6. Tba4 the otrei'u-shaat as the reeord:a'plat of.Cl:amter Bias& titti tsl 1.4 add h is siMe� is this deed, shall almrys roMLK open e~9d be under tha evparv11144 lad c"'Lrsl•Of 0i party Or the tirris ps:•r !1g ■rreeesserc or asei�la. ) 7. t'bat the Pari? of thr first part, 1%1 sup eegsira Ot ti010A idi►li')sare t!e 'rift 1 s gp!�aM) a ra%LmA Ott any afr•Wti er k11 et&aete tbrosgh tho veld.perk and 104d h4raby sassey+d that it Or dk- slsa'ts• nse for :bat p.urpoae jwbetbfr Lbe ■%reed; bj awn oprnit♦d or heroeifur sp od 'Lkrago maid pa ft ' acid toad, bdift asnreyed, : 3 e.•Tbe party per 111i tiros part .egress to sain;sxa muck' ia?rorhettts owli•t y peke an thi pat! PAGE 5112 t RCVD AT 2121200710:25 :42 AM [Eastern Standard Time] E SVR:MGHTFAX111 t DNIS :1 t CSID :727 530 2513 'DURATION (mm•ss):10.24 • cp io P-j FEB- 02 -2007 10:44 AM DE ,A SEVEN INC 727 of 2513 P.06 _W05 AW .:Us, iaitd •R!rtya , ^.;fh*• first , R.:■_aaaESaot {41, 16 F '/�, jt'•"�11J�^.f •.. •. . /.i'_'•. V•:•,: •l�[�IV� :i.t •.. F_� -+Y•' f,! �•- •.��:L!•�s%. i•9 �S 7 � • t :'!aad"i1aTa�a'oil`saidproarrr� LtiiiVlhb�ldi�riCS3bsd* tseY~Stt 0 - buil.aiAg s>,d 'ape'rate .t>iermin a .vorlhirt-bdth maid; ri=ei" i�silt�pp•lsa4,a ror4he ass'or'ts,: rr: ■oa Ai�ij1:. -;iaii a:ama -hitlfi 'rese�aob•s.;L]Ia ; , ;�, • •' • � heri idl�efei�e' ��Yi'+ f ,.•d:�tor ai pm field • or •�iraAt�� tiw. i2?� • arals �>�a�i�r. ' ..� 1� � � !! viss .0 the expiratigic. j gnid'p:ricd- all' iapi'o *isen4a :pldaad LLir�iaa .. -' - . ' , ti,. Y � .tit.. • f ._ s0`ys %,!,11.4 eueeessors or•i me thi:proper(jr'• "ot`tWAi ?1' v - K iqt tti,iAm, be' armeted aoocr b� L s and: ah ^•� r stiopi r mm ~r - dib •Q'0}i !i ;itblm• ' iCurnisad ie_t;�• f lfi.pariy o! tho 's:o 1 �dw 's Esii ati dnriAa i d: :r3od ,dgi#'R ati " �, �� =ma'is,Tpliaah on said propatt, itrtlw .ports o! xh. !ii'■t rash_• ;te •iaee:bi i' Lir i ei: the esaond parix'osiiti0 hgrsf dyes tibm pi'ioa' tluril, UT �vtt �t �i�t tll nth►_ �; •.t.; 1 itted•tc arbitration, the paslf;o! &-he, first part;'it� aaoci■iosi`W -988= nd'•the pang of the and p6 to suaeee■ara it Aii� bo' tirehatbitsstors ■a alseted ,olgttlat.tgros dtt ths'prito. fifth slid Sii.ihat' ii/ibt0 lli �• :•�_d 3ld'arbitrator, a4d the dsaision•of the wa,}otitr'Qi' raid islr ira4eaa aball thi:` y . rise hirote tbeir sueeessurs and a ■sigissj aa4 bpeh L)w Osywaa'ar the ilisk . go oidi!1t1~t>ss Fti =laYUS fare to tiho party of the first part- it *-Its 'rvaeewsorr or ao■;igae wha1Z acio ra g Wrirri r s +' R t`ts'll�a.pupty'sf Us dscond part or its aacesioerR. • ' • { ; :.;:, , _�•<' .ru Witness ldwraof the said party of the first part has taus ■d tlisis. prs�rer�s• to b's b�gmi:' itd' s by iss'p:aeLlaAt and its Corporate weal. to be atY xsda stte■ts@.bi u -beef mad 1 7.war lrir■t there +rr3Lton = @ tf�s' C2sarwater , =alatad grids: Caeq„�!7 ..!: �• , • � • ' gi'o�$•6popar doersta:4y By Rw.rarlar h'baidrnt,, "'z i 63ga#!p'.Baalad M Delirrred i> the pe'eevexe af:, Y'tt °8ibbasa . ( Corp. b•.s•1• ) �tltst■ sr 1►2orida . �Oounty of =Isborough. i Hereby Corti"y That befola me, ttha Cridrrsigned'tutherl'rya personally appea='ed 1fAPsr -' Aer atu[ 0.1.9eoyaT no on rill knaim to be the Pr- nidenL and 9ecrotar7 of Vae C1,targp:er island Bridge Cumpl*7, a CnrpOretlan, and who axsoutsd !ha fereliving inatru■mnt on behalf at and in the name bf a4ld Corparation, apd who severally ar0awledL -111 thui :hog so .xeeAted matt t=tru;vxt da behalf Of and In the nano of acid Co:porntiam by Qe authority t,�! its Daard we Cirectaro for the uses aad purpose therein men:ioaed, and that the heal therato attached is the geraiaa earporatd no -al PAGE 6112' RCVD AT 2111200710.26;42 AM (Eastern Standard Time]' 82RIGHTFAX111 E DNISA I CSID;727 550 2513' DURATION (mm'ss),10.24 �3d O o- FEB -02 -2007 10:45 AM DjfA SEVEN INC 727 0 2513 P.07 sue awn ■an t+e n t s firer ■[ e. M�a e......y Cbts: 7aocttten, .vak OAr.... ar...II41101M -..r ' rxra•} �.�• r- sit •ez J . _�! �= !fit.... _..,. 1! e/ r1,. ra,r,.rx r1I Pi�alYaa __�...�,...; ..+,eal.�r......,I,LO�itlie. �+ i AQUt, joinod by bin wits, >�l'?I� AOOx, or oir downy p.1rf i■e •.� fyt X 1-I•I. R +d "E d=:Cl! CtJUW/2JX.,_Aa weal o ooxp&Yat ton. ' r! r►,. r wlrtp .,� a! rioridg �._.�.t ae.* { ldl r � n/ fAt• a/+irrr.i /lure, . 1] WiulrRfrrb, 7h. :R, r,i,! /-Orden of tho N. .. Ir m 1"► fir• rued in aiwdrf *ttiNkrO if tlr •aw j our {El.00} Dolttrut — — = - . •— — — — — - „ — -- ra :w•••I }•r.•I.�, r.i1 f.t,.r / -rN y a / /Ac xrYal.lr/w1K. lie 7Y+M leer IPi♦'/IIPr tr•1•Lq el,•Rh.w•: • ',! _ . �., to :1 . «.......h.r ••I ./wr( 0111(•1•fnfur(� slid b i N r ear /trtir►rrfc Oln trgllt4'. ri rn1-r .1tlrf .....' t. _ r• 1 •:.. y .y fllr lrerr ld pad. and its ■r reeagre _. Wh1rh (All 11y1.1 &4Friea y/ Ihr 94.11 /+Irf kacvc .. _r,yfM,/ i.i s . f r••• ■ r r lmnTl a u/ rwluf, af(r.,fr, /1 avid rx jal 11r It. � Mkt• -; F•t »,:lltla , .xlwm aji ?ioriaa so, is•..11t, ore the aho>•e of the tiuif of tisrioo at e• •point where %be• t•:.e:. '.11!* •!i the tract of JkUd drsipated all rQieltrwater City Park' :r1, s of Olehrea rz Beacb as the a e is racC�rded in Plat Book k t•yz of the Pu�b�ic Rooms of Piaalias ooanty, ylarida, if aro- _�n�!wi %Oak would intereeCt said C f shore, thence run eaatherl al.:rf_ .:LLIZ abare line roUr Haix'zedlaw) 'feat; fbanas V -at Paralfal to the Wth line of said doleaxwater oity Park' to the weters of Cle:.r&jx,.r R3v a- of the 17th day of Yay,'1917;'ibence i!artheasterly alor:.. Fay tp a point rtbare said; line ■oold intersect the l:t•rtt. l:r_n -{ snid 907.tear►ater City Park" if prolonged Oast; thenaR tc tr:e .r..int of beginning; togetbar with all lead■ 1 in bet - rt�tr. Lhr Nord, nrd 9outb linos of said treat extended Eaa wardly to t;re _•;erll•el -if Cleorwater kasnor; together with ttli riparian widEbts. r N ,`• • f11 •1::•I 1' 1)i :!D r!•• _t..w. l �4llrn ni16 al! .uw1 .lydw(gr YA. ..lyre.,: a,., ` 1 •y..NUlwiod, uati .ill fht .x0.111. nfli1. Irfl.. rw•••r.r1 .la•1 .'a... .•t .. 1.!.f, 40 40 bow or .yu1l11. I- A. :•a1;! r.. seaarrre :�;• 411::!:1•'..= i �.�!:ftrd� i•ir. e.1(.1 J"+�6a1 t'/ (r•. IGM. prfl•L i•eri b.,rwnl;...I :heir b •. i rtntl ax+r lr' °1r Yell wboad. atIllt w. r rl.r /Tr /fd )w••t`N77wwfY' -if, 'ia.tawYG ti••• 1 �.4Y l+Y�ir��.r��}� fr7 .f• .SSE., PAGE 71121 RUD AT 2121200710 :25 :42 AM (Eastem Mard Time] I SA RIGNTFAX111 I DNI8:1 I CSID :727 550.25131 DURATION (mm•ss):10.24 1 YO FEB -02 -2007 10:46 AM D 6 A SEVEN INC 727 J 2513 w I 1,.• ow Of ron ahwl..w.wl.w.. . ... _ .. �� ' c01/Ilir or *� 3 bMbp *w& rw r Mader �wrrfJa'lu ullRr+ t AN fJdb4nbdw *poa Ml offib rlllllMl+rl /mad4 i • To AXD X VT lz A:.L'Y, No wfu Am"* h ir w ai0000 a Am4wr 1..,A♦r r ills . . ..t..i % , ••Y Iwo"$ rkJ ork 3tt b 7 lhrtrbR CCCtlIp. f�„r Jow ..I'd UTT I Z ROUX, . w w•r r . 1. th* u r w/ far w.. 1. To ROUX, r .J .I Jdryfr .,u f Moo ff. M•JMJAfII -�. �..l +w .♦�.J + . �. ,. ... !IJ .,:. ! J l 1. �: ..ie..l. �• ... ♦:.u... , .1 •.t lnJ!. .1!..•a.ww.�.., 1 ♦1 •L• 7,M•♦.wJ •. /J.r•.•.�.. .. .. ... .. �tlirneeo r e...lt aMt .,r,. , bsrta% f �.y q'w nl �Ol�fr� r..•* f.. , %r:Jf l •f Toy tJn• �r �� 7Lti4Pel . ti. • WT c:.&,. K fJ . OPIGINAL. 1UN 18 2007 - PIANNiijG DEFAR -1 MENT r ' CITY OF CLEARWATER BTAIX Ootr7ar r��ovols. �J 'cb. wear.!#nMd rilithf� :t: � . , -• -; . .. Ica �sy of oat�ox r 'M - as 'lllllta9 • . D. 10341 ba • 1. •! . cslTr !14 f to ae moil k=v► L.• ..• :... OM 4b 1094W bea araoa„nd, tLe i ♦.: ..: nlr .y•,;s -.;I nir ..• .. . 14 Sm that as 3:C for %br fJrG1y 'Well Mv7ul:� �� ►tea. Shpt /ir. htp: ana&j. tno 3 bave bercutst:. uubner" u.,; . K "a :01 . ,• :..: x +aaai, 1112 1�ia day a nd i Yeas Sal, 41"Irr writ-U=.. Pmk .rcrx;.a••-r .At . P J �• 1 r 1 i PAGE 8112 f RCVD AT 2121100110 :25 :42 AM Pstem Standard Time] f SVR :MGHTFAX111 f DNISA f C810:727 550 2513 1 DURATION (mm•ss) :10.24 P. Be FEB-02-2007 10:46 AM I D*A SEVEN INC c �-F'�..-''in 727 or 2513 AWL" this iatf tic V lour 11ir". 4iv or • ration #%,3 y Le CWAWp ear tt w2d* of t4w ftats gr P%azd efid t7 VUtus or ths laws • WAM, a F 10tv Or th* First• Awto And CIZZ OP. CETAR. Go'elx'atlon iltfttad in-Ltis County ALR to f.r ?I W14'. P of Pinellas "4 arty or the soaond p"t.- 1i7 .$, 011 the 17th "y of Zky- tb thato, -7!rst F-:rt, I'— a 1017, the =14 Pa or tils - "'A VUV4rty deed dar 1166orda of Pine,11ta Color kro CMVG)Fsd to the Fa r ty of the Boodolid Faj�r . .. ... 19 a •CL j' *Lard t."t•ain deSicribed aubjeet to etptjLn x1U bout] 64,�- "e� vt to maid 40CAO - r mid auvoutrits • Y oif the pilba t ?41•h this upm acid period or tvM-1t;;--1r.jvdj Of CRIS dowdo n # thf'ftrt, of the Mrst part has Omdenad LU FAX9 •x3.j ILutlding, and =14 Pazktq& 120TInd alubmIly IterebY the Party of the pjrr t Part reuii� *arty of the 3doww =Art all Jt4 rjgL-bxp 0141ra "&?Oct to "Id building " W leads M*r and by v,,rl; I le cf w-d OorAW=ff Of the dead Aforssaldv 1W whoreby the F%%--ky Of the 64cmd Part aWl release -the ft&ty of the ftrat Part or 92: 111202119, V19hhs or demands Winat US Party of the nrat Part wt kh rappeat . An MR14 b&L:U1h#a# Sr %MK*4= of 94 Q9vw=t& cu:.. UxRnza# Md'36 Malt A1'tt1141 hILIND tendbee to Z.,W1.3p a's 'Ifith t* said property *44 their "&Pe0*ivO r4gh*4M d.M"t4*E6j0 How, rmMeme. td p -C&P RAd In iscupla- -tict" Of the pr;4-i6�d ♦ ORIGIN& (130MOAQ ;!0LUX4 IRECMIXIED 182007 . l � PLANNING DEFAWMENI I 'ry Of CLEMWATER PAGE 9112'RCVD AT W2007 10:25:42 AM pastern Standard Time] 18MRIGHTFAX111 I DNIS:1 'CSID:727 550 2513 ' DURATION (mm•ss):10.24 P.09 FEB -02 -2007 10:47 AM DW SEVEN INC 727 & 2513 P. 10 fl Pthi Pir'e4 Part ' ,,F � tor�var �e�tae, release aka;`,•: , �ioeessara em4 +t'+. ds of the . party or the •dt :1. •,-.,: � or i4iSact or land sitkwti , . State �F7tpridp� to Witt :. .. ,j�� • � r., •tip' - ?'.s u;.t -•' : of the Ouit'ar XG3t%, rth line Of the h treat .aClearwdt ■r 01 t parr' Beach as fte caste to B, paCa 2 W:• ;.• «r,= or thti public ty, Florida it pro. r�Got said i�dl spars . :' ,along acid shore line ' - thenae'Unt pam -Ula d "Clo"Water ^: Qif.7 parks ter 7 as of the !7th . • s �lorbheaatvrlT aloetg t�aated�d like troW.d o Cieanmtor 8aat= thenea to •together 'Ath fi � ].ands . ,. aAd• douth 11=2 of said 77 to the Channel or Mier rd tit Ga3. r3pariax 14 r' th all and eirgula_,;;� true appertaialuz , e wbateoaver of thv P to the 41 nae, •., •otay 'Prop We � part, Ats successors , PAGE 101121 RCVD AT A200710:25:42 AM ]Eastem Standard Time] t MAIGHTFAX111 DNISA I C8I0;727 550 25131 DURATION (mmis),10.24 P. 10 fl � � � « . / � � �� : � . » %® � » °� �� - � �.� yi � « FEB -62 -2007 10:48 AM D A SEVEN INC 727 2513 P.11 wft ORIGINAL RECEPIED i.w�l 18 2007 C PLAV OF EA ERA "X3 DID ohm p"rits in relanae the pnrty of the Flt•et Part rrb• all x'4,1rks at Asums olalma Or domands, Blab the P"br at t:t:e .:�r. •a: ::,rt :•e'7 have ei' >Lht bereefto," have sgninsi the PLrtr of the =ti•: 1 }e. +, •s: vtiNeeere 100 With aatd 1•1:; arty, ur snv wwt tl:ere�•r, 0lulgr I.; of wr e•Jnditim or ccvennr.. n• ;e l're t;,� :. • g t":,s dao.l tlrr t , �• oi• .�.3 ::,_ :o or the Leea auu c:.: ar =t,S �•.' 4 : •'e v'uy�Rt'�.y 1 ^ t. •r p /.:'Ly.. �••:� .�i:•.'L )•aZ•t;� er nhlleM•c•:J. ��✓ Ir '.-a L Pe: r. has aaJrOe: 'i h;:.; ..• • . r .xee:eet+�d 1•. r by it:*' t�w4:•:• -rik, •r.l,V9L••i lta . i7 � '• r.. : ,.• 7e4.eti: • H a•:,. i ..•� lrt �4rp01'1LCir►n !x. :ter r . Joe wr 1. ;�:, o Laare:�� Fr•asrt.slt; r•I - . ". •.� > >>tixn iy(�/ �' r l�(li • • + A'ii. I L or Y KRBbY CEk(i'IPY t' fS ae� the +ul�arrriE -nod +eu R +r4.ty,. personally appeared this day 'rte ftmi d, .*::..� • to me WO)a 'fn in • esi�a`nl"aad the •:earn ory, ra o ' of Clearwater IsJaied itrtdSe Cerapniq, a bo. o� a' +J S1t1D CXbaUtietl the r•'.`mcn.n�, )nstt•L*G,.tr Ic bei•.al.: S.r aw In 3 i n ..sin of 4We111 t:4rp•> oKuu, ISM 7ba tiever"ll ae:cruwluiged L' 4 t they n:cnti:rtpti raid inxtra ba-L t&;-• the axas and lxirpoada therein axprashad :.s:.: In!. `ally seal *4rPto a ttgg;,ad it the genuEns corporate ■.al err sail sorml. -tion, and vas arfliced thersto br it:a ekiC S•oret�:►1►. :�� errs pd' sue` I. Firms or r have hereunto est my Wnd �ial aeal at � • , this 64e Aj .19 Iry of e ! — lotlLry publl Stet* of Y.arida at Large. Icy comdesiob expired P PAGE 111121 RCVD AT 2121200710 :25 :42 AM (Eastem Standard Time] 1$WMGHTFAX1111 DNISA I CSID :727 550 25131 DURATION (mm•ss) :10.24 FEB -02 -2007 10:49 AM D * A SEVEN INC 727 # 2513 P.12 ba bu ad 3r:, all- s RIGINAJ ' u I1fF ` •` ` 182007 Irk 4 '•• ;{.- PLANNING DEPARIMENT - CITY OF CLEARWATFR .a= deed of ='deals and quI14. if Olaamter, and Bald City .nozhUtiana OR its pert therein oce. the City of ciear*jtter ho atat.ed this aoaetizact to be algned by its City Auditor a (20*1 and mt7'X2osgrr $Ad oodnterei ed b . Sd 7 ita YaYor OoNrrild. swats, oral the .asal of said Oity berato ottLabed, thie day at October, A.D. 7rn� de.t.e+s . �uaasx IV diER, rLOU MA. eOounteraisned by: BNY rk �reaai;er STAT: ar rLOMC, ) OWNTT Of plX=As ) *sped autaarit 1 Est tfMUT athaa�tabetnre oe, for eiude� A4..1lQho2.s and'V _pia re cxivel t� �`t - 9aitarfial4, iawk, the .clty gr awad Ala• h. y f Auditor i 4fXa3sratar mma , sslaner of the City koeaa to be tie e's & 0441 corparatioa to ace rely promw tbs yore O= ema in aW- W Of said M bong acceptance ckn y, and severally eol:nns. �of Iiirtia t> d sold soee loco far the uses and a+ rz=iva cc ' a - •end that the *"a thtreta attaahod tbef to b7' iti �r��1�Od1 of sold City, and was affixed d, tar flood diaiai � Y have heretnato set my #� ', '• of said County and 6tate, CL KQQ `- ^_+•.. ��F�• ": 7`_ : `,. �,•7:�' , DtkXy C 8tata =� • ,,•,� . - ty »'ttbli 1'1as at Largee $a00ftiaeraq exp: ian PAGE IV12I RCVD AT YI21200710 :25:42 AM [Eastern Standard Time] I KRIGHTFAX111 "DNISA I C810:727 550 2513' DURATION (mm�ss) :10.24 `s b i i rae iL Snie of Nib d Lxp _ .�. V, aMl wnian E.a:n !-W. r`. Iyl�r &7 t -�; K EL Q`QLvA 0ax a6w rHE -+a PAGE IV12I RCVD AT YI21200710 :25:42 AM [Eastern Standard Time] I KRIGHTFAX111 "DNISA I C810:727 550 2513' DURATION (mm�ss) :10.24 `s b i i ST Line Items: Case No .0 Receipt #: 1200700000000000968 Date: 02/02/2007 Tran Code Description Revenue Account No 2/2/2007 3:10:27PM Amount Paid FLD2007 -02003 04 Flexible Commercial 010 - 341262 1,205.00 Line Item Total: $1,205.00 Payments: Method Payer Initials Check No Confirm No . How Received Amount Paid Check JMC DESIGN AND DEV INC R_D 42652 In Person 1,205.00 Payment Total: $1,205.00 THIS IS NOT A PERMIT. This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. Page 1 of 1 cReceipt.rpt FLD2007 -02003 69 BAY ESPLANADE CLRWTR RECREATION CENTER DQC PLANNER OF RECORD: WW ATLAS # 258A ZONING: OS /R LAND USE: R/OS RECEIVED: INCOMPLETE: COMPLETE: MAPS: PHOTOS: 02/02/2007 STAFF REPORT: nxc: cns: CLWCoverSheet Wells, Wayne From: Ken Eckelkamp [ken @jmcdev.com] Sent: Tuesday, May 25, 2010 2:43 PM To: Wells, Wayne; Gail Cooper Cc: tom.cuba @delta - seven.com; Wagner, James Subject: RE: Marina at Sandpearl Resort Attachments: image001.jpg I was unaware that it wasn't completed. I will call in for the final for tomorrow. ME From: Wayne.Wells @myClearwater.com [ mailto :Wayne.Wells @myClearwater.com] Sent: Monday, May 24, 2010 5:47 PM To: Gail Cooper Cc: Ken Eckelkamp; tom.cuba @delta - seven.com; james.wagner @myclearwater.com Subject: Marina at'Sandpearl Resort Gail — I went by the site today, took some pictures of the completed project and it looks good. However, I am not an "inspector" per se. The permit for the standpipe system is completed. However, permit BCP2009 -09039 for the upland improvements still shows up as "active" for this dock project. You may wish to contact Development Services to see how to have this project "completed" (lames Wagner, 562 -4567, copied on this email). As for the actual dock construction permit, you need to check with Pinellas County Water and Navigation Control Authority to make sure that permit is completed. Wayne From: Gail Cooper [mailto:gailc @jmcdev.com] Sent: Tuesday, May 11, 2010 11:43 AM To: Wells, Wayne Cc: Ken Eckelkamp; Tom Cuba Subject: Marina at Sandpearl Resort Wayne - The marina is now complete and ready for final inspection. Please let us know when the inspection is complete. Thanks. Gail M. Cooper JMC COMMUNITIES 220 Fourth Street North St. Petersburg, FL 33704 (727) 823 -0022 Fax: (727} 821 -2007 Together, building enduring lifestyles, rich in spirit, on a foundation of integrity. Wells, Wayne From: Tom Cuba [tom.cuba @delta - seven.com] Sent: Tuesday, May 25, 2010 11:18 AM To: Wells, Wayne Cc: gailc @jmcdev.com; ken @jmcdev.com; Wagner, James Subject: Re: Marina at Sandpearl Resort The County has already inspected and approved. Wayne.Wells(a@myClearwater.com wrote: > Gail - > I went by the site today, took some pictures of the completed project > and it looks good. However, I am not an "inspector" per se. The permit > for the standpipe system is completed. However, permit. BCP2009 -09039 > for the upland improvements still shows up as "active" for this dock > project. You may wish to contact Development Services to see how to > have this project "completed" (James Wagner, 562 -4567, copied on this > email). > As for the actual dock construction permit, you need to check with > Pinellas County Water and Navigation Control Authority to make sure > that permit is completed. > Wayne > *From:* Gail Cooper Finailto: ag ilc(@imcdev.coml > *Sent:* Tuesday, May 11, 2010 11:43 AM > *To:* Wells, Wayne. > *Cc:* Ken Eckelkamp; Tom Cuba > *Subject:* Marina at Sandpearl Resort. > Wayne - The marina is now complete and ready for final inspection. > Please let us know when the inspection is complete. Thanks. > Gail M. Cooper > JMC COMMUNITIES > 2201 Fourth Street North > St. Petersburg, FL 33704 > (727) 823 -0022 > Fax: (727) 821 -2007 > /Together, building enduring lifestyles,/ /rich in spirit, on a > foundation of integrity./ Thomas R. Cuba, Ph.D., CEP, CLM President, Delta Seven Inc. http: / /www.delta- seven.com 727 - 823 -2443 1 • Wells, Wayne From: Wells, Wayne Sent: Monday, May 24, 2010 5:47 PM To: 'Gail Cooper' Cc: Ken Eckelkamp; Tom Cuba; Wagner, James Subject: Marina at Sandpearl Resort Attachments: image001.jpg Gail — • I went by the site today, took some pictures of the completed project and it looks good. However, I am not an "inspector" per se. The permit for the standpipe system is completed. However, permit BCP2009 -09039 for the upland improvements still shows up as "active" for this dock project. You may. wish to contact Development Services to see how to have this project "completed" (lames Wagner, 562 -4567, copied on this email). As for the actual dock construction permit, you need to check with Pinellas County Water and Navigation Control Authority to make sure that permit is completed. Wayne From: Gail Cooper [mailto:gailc @jmcdev.com] Sent: Tuesday, May 11, 2010 11:43 AM To: Wells, Wayne Cc: Ken Eckelkamp; Tom Cuba Subject: Marina at Sandpearl Resort Wayne - The marina is now complete and ready for final inspection. Please let us know when the inspection is complete. Thanks. Gail M. Cooper JMC COMMUNITIES 2201 Fourth Street North St. Petersburg, FL 33704 (727) 823 -0022 Fax: (727) 821 -2007 Together, building enduring lifestyles, rich in spirit, on a foundation of integrity. i • Wells, Wayne From: Chin, Leroy Sent: Monday, October 19, 2009 7:38 PM To: Bruch, Tracey; Kader, Art; Murphree, Brian Cc: 'mpetang @jmcdev.com'; Wells, Wayne; Reid, Debbie Subject: RE: Boat Slips - Beach Yes, Mike w/ JMC and I met on Friday to determine his needs. In review of JMC's Development Order for the boat slips the City is to provide JMC a staging area to construct the boat slips. Please see the attached drawing. P .M* STAGING -OR BOAT SLIP Attached is an aerial of the Clearwater Beach Recreation Center, metered parking lot and the parking lot for trailer boat parking. We have identified 5 boat parking spaces at the north end of the boat trailer a parking which will Mike has agreed that is suitable for their need during the boat slip construction. The parking space if agreeable to, you and Brian Murphree we would allow them these five boat parking spaces. JMC would adhere to the .follow lists of criteria for utilization these five boat parking spaces: 1. Provide fencing of this staging area minimum of 10 feet from edge of pavement of Bay Esplanade 2. Fence post cannot be driven into the existing ground and fencing must be above ground application 3. Provide double gates total width of 15' wide 4. Cannot store any items on the electrical manhole and must provide access to these manholes at all times 5. The staging area to be secured at all times 6. The size of the staging area 40'x50' +/- from wheel stops to the west 10 feet from edge of pavement of Bay Esplanade, and from hedge to 50' south. 7. The contractor shall return the staging area in same like conditions received and make all necessary repairs to the satisfaction of the City 8. The contractor shall not block Bay Esplanade roadway for any extended period or block the boat ramp. 9. The contractor is responsible for any damages cause by his employees and shall park all employee vehicles and equipment in this staging area at all times during working and non working hours. 10. Any work in the meter parking lot shall be coordinated with the Parking Division Manger or designated person Tracy, Brian & Art, please review the above criteria's and determine if I am error or have missed items we have discussed and ad them to the list. Thanks! Leroy Chin Park, Planning, & Project Manager Parks & Recreation Department P.O. Box 4748 Clearwater, Florida 33758 -4748 Desk - 727 -562 -4856 Fax - 727 - 562 -4825 Cell - 727- 224 -7101 `w E -mail - leroy.chin(aD_myclearwater.co* From: Bruch, Tracey Sent: Monday, October 19, 2009 3:00 PM To: Chin, Leroy Subject: Boat Slips - Beach 0 Hi Leroy: Did you and Mike (JMC) ever work out the staging area for the boat slip project near the.rec center on the Beach? Tracey Bruch, CAPP Parking Manager (727) 562 -4771 tracey.bruch @myclearwater.com 2 Wells, Wayne From: Chin, Leroy Sent: Friday, October 09, 2009 6:07 PM To: Reid, Debbie; Murphree, Brian; Bruch, Tracey; Wells, Wayne; Albee, Rick Cc: Kader, Art; Dunbar, Kevin E.; Barry, Bob Subject: Clearwater Rec. Center Boat Docks Permit No. BCP2009 -09039 Mike Petagna of JMC Design & Development stopped by my office the earlier this week. We spoke about the above subject. He want to know what our concern were and the proper channels in doing work on City of Clearwater Park property. Also wanted to know possibly of a lay down area for the construction materials for the boat docks, and parking during construction. We indicated to Mike the parking in the meter parking lot would need to go through you Tracey. Mike Petagna contact info.: JMC Design & Development 22014th Street North Suite 200 St. Pete, FL 33704 P — 727 - 862 -3432 Fax — 727 - 826 -1554 e -mail: mpetang @imcdev.com Parks & Re.c. Comments on the permit no BCP2009 -09039 1. Need larger scale drawings showing existing trees & tree protection 2. Please confirm telephone lines between the recreation center and the aquatic pool building 3. Location of exactly where the fire line is to located on the site . 4. What protection is the contractor going to provide for the existing landscaping 5. What are they going to do with damage to the existing irrigation system and must notify City's Parks & Beautification Landscape Maintenance Supervisor 6. Location of silt fence to protect the bay's water edge and the existing retention ponds 7. What is the detail of the board walk on park property and over the retention pond 8. How will the city be able to mow the grass beneath the boardwalk 9. How does the boardwalk tie into the existing sidewalk 10. Who will maintain the boardwalk and the boat slips after it is installed, if it is Parks & Rec. where will the funding come from to maintain the board walk and the boat slips 11. The drawing is very diagrammatic and does not clearly identify location of the prevention backflow device is it in the parking lot or possibly in the existing landscaped island 12. The fire department connection where is this located, no parking is allowed block access to the FDC 13. Fire hydrant where is this located 14. Where is the transformer located, What is the double line & two circles electrical service and electrical panel, This will not look very attractive what can be done to buffer this 15. The 4" water line located east of the aquatic building please confirm if there is landscaping and utilizes which may be disrupted 16. Any trimming of trees must be coordinated with the City's Parks & Beautification Landscape Maintenance Supervisor 17. How large of a lay down area is required? Must confirm if Parks & Recreation Department if this will be allowed on park property. If allowed full restoration to original like conditions is required 46 18. What is the anticipated start *e and the duration of the project to inforQatrons of the recreation facilities of the upcoming project 19. Received a phone call from Tom Cuba and want to confirm location of water main staked out in the field for approval. Please provide drawing showing location of water main. We will not confirm location based on this request. Stakes can be moved and there is no confirmation as to the location established. Brian Murphree please confirm these are our comments as discussed and add any you feel I have missed. Thanks! Leroy Chin Park, Planning, & Project Manager Parks & Recreation Department P.O. Box 4748 Clearwater, Florida 33758 -4748 Desk - 727 - 562 -4856 Fax - 727 - 562 -4825 Cell - 727 - 224 -7101 E -mail - leroy.chin myclearwater.com • Wells, Wayne • From: Tom Cuba [tom.cuba @delta- seven.com] Sent: Friday, October 09, 2009 2:59 PM To: Chin, Leroy Cc: Mike Petagna; Wells, Wayne Subject: Clearwater Recreation Center F Leroy. Today I put flags in the ground at the Rec Ctr site to indicate where the water line and walkout would be located. I modified the pathway slightly to avoid trees and as a result we will not encroach under driplines with water pipes except in two areas. In those areas (2 trees) the pipe is well to the outside of the dripline and the trees will be fine. The walkout needed to move east a few feet to avoid a tree but since the walk is elevated and requires no excavation, it should be fine as well. I _ Please contact me if we need to meet on site. I have a call in to Rick Albee but he was on vacation today. I will contact him again Monday. Tom CC: Wayne Wells CC: Mike Petagna Thomas R. Cuba, Ph.D., CEP, CLM President, Delta Seven Inc. http: / /www.delta- seven.com 727 - 823 -2443 1 Wells, Wayne From: Ryan Oliver [Ryan.Oliver @Delta - Seven.com] Sent: Sunday, October 04, 2009 1:32 PM To: Wells, Wayne Subject: Docks at 69 Bay Esplanade for Sandpearl Wayne- It's there, the formatting I used didn't come through, but it is the last line of each paragraph. I adjusted it here to make each answer stand out more. Sorry to hear you are working on a Sunday too! Ryan For your information, building permit #BCP2009 -09039 has been submitted to the City of Clearwater to construct the upland improvements at the Clearwater Recreation Center at 69 Bay Esplanade (approved under Case Nos. FLD2007 -02003 and DVA2007- 00002). There are three items associated with the dock construction that I am unclear how compliance is being/has been achieved: Question: 1. Pinellas County approval required a hurricane plan for the, marina to be received from the applicant prior to permit issuance. If this has been submitted and approved, please provide a copy of the hurricane plan and the approval of such. If it hasn't been submitted, need to prepare and submit for approval. RESPONSE: A copy of the approved Hurricane plan has been mailed to your office: Question 2. Approval of FLD2007 -02003 was conditioned on the following: "That signage be permanently installed on the docks or at the entrance to the docks containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity." Is this signage under the County permit and be inspected by the County or will it be included in the above referenced City permit (BCP2009- 09039)? RESPONSE: The seagrass and manatee signs are a condition of the approved County, SWFWMD, and Army Corps of Engineers permits and as such will be inspected by those permitting agencies. Question 3. Approval of FLD2007 -02003 was conditioned on the following: "That a copy of the SWFWMD and/or FDEP Permit and Corps of Engineer's Permit, if applicable, be submitted to the Planning Department prior to commencement of construction." Since it appears that construction of such docks are imminent, I do not find any record of such copies being provided to our Department. Could you please check your records and provide such documents to me if they have been approved by these agencies? RESPONSE: Copies of said permits were provided to your office in June 2008. For ease of reference, additi* copies have been mailed to your office and should be received within a few days. Ryan Oliver Biologist /Project Manager Delta Seven, Inc Ryan.Oliver@Delt-a Seven_com PH 727 - 823 -2443 FAX 727 - 550 -2513 WWW.Delta- Seven.com 2 Re: Docks�t 69 Bay Esplanade for Sandpearl Subject: Re: Docks at 69 Bay Esplanade for Sandpearl From: Ryan Oliver <Ryan.Oliver @Delta- Seven.com> Date: Sun, 04 Oct 2009 13:12:27 -0400 To: Wayne.Wells@myClearwater.com CC: tom.cuba @delta - seven.com, Robert.Tefft @MyClearwater.com Wayne- PLANNING & DEVELOPMENT SERVICES CITY Or CLEARWATER Please see comments embedded in the following message regarding the Clearwater Rec center docks. Please let me know if you have any questions. sincerely, Ryan .Wells @mVClearwater.com wrote: Tom - For your information, building permit #BCP2009 -09039 has been submitted to the City of Clearwater to construct the upland improvements at the Clearwater Recreation Center at 69 Bay Esplanade (approved under Case Nos. FLD2007 -02003 and DVA2007- 00002). There are three items associated with the dock construction that I am unclear how compliance is being /has been achieved: 1. Pinellas County approval required a hurricane plan for the marina to be received from the applicant prior to permit issuance. If this has been submitted and approved, please provide a copy of the hurricane plan and the approval of such. If it hasn't been submitted, need to prepare and submit for approval. /A copy of the approved Hurricane plan has been mailed to your office./ 2. Approval of FLD2007 -02003 was conditioned on the following: "That signage be permanently installed on the docks or at the entrance to the docks containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity." Is this signage under the County permit and be inspected by the County or will it be included in the above referenced City permit (BCP2009- 09039)? /The seagrass and manatee signs are a condition of the approved County, SWFWMD, and Army Corps of Engineers permits and as such will be inspected by those permitting agencies. / 3. Approval of FLD2007 -02003 was conditioned on the following: "That a copy of the SWFWMD and /or FDEP Permit and Corps of Engineer's Permit, if applicable, be submitted to the Planning Department prior to commencement of construction." Since it appears that construction of such docks are imminent, I do not find any record of such copies being provided to our Department. Could you please check your records and provide such documents to me if they have been approved by these agencies? /Copies of siad permits were provided to your office in June 2008. For ease of reference, additional copies have been mailed to your office and should be received within a few days. / *// ** /Wayne M. Wells, AICP/* Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727 - 562 -4504 1 of 2 10/4/2009 1:19 PM Re;.T)ockE at 69 Bay Esplanade for Sandpearl Fax: 727-562-4865 Ryan Oliver Biologist/Project Manager Delta Seven, Inc Rvan.Ol-"ver@f',eita-Seven.com P . H 7 . 2 . 7 - - FAX 727-550-2513 TV,11,v7AT. Delta - Seven. com 2 of 2 10/412009 1:19 PM • ez '•' v4c � P s SGetT Hurricane Preparedness /Evacuation Plan THE FOLLOWING PERSONNEL ARE THE MEMBERS OF THE COMMAND POST TEAM. EACH DEPARTMENT MANAGER WILL BE RESPONSIBLE TO FOLLOW UP AND ENSURE THAT THE ITEMS ON THE CHECKLIST HAVE BEEN COMPLETED FOR THEIR SPECIFIC AREA, AND REPORT TO THE GENERAL MANAGER. COMMAND POST TEAM IN CHARGE: STUART ARP, GENERAL MANAGER RECORDS DON WOLFE, CONTROLLER GUESTS RAUL AGUILERA, GUEST SERVICES UTILITIES & BUILDING BRIAN GRANT, DIRECTOR OF ENG. KITCHENS: STEVE JORDAN, CHEF ROOMS RAUL AGUILERA, GUEST SERVICES F &B ELIZABETH MUZIK, FOOD & BEV. PHONE # 1- 386 -527 -9792 PHONE # 1- 727 - 442 -1546 PHONE # 1- 727 -412 -3100 PHONE # 1- 727 - 642 -4073 PHONE # 1- 843 - 368 -7454 PHONE # 1- 727 - 412 -3100 PHONE # 727 - 674 -4161 THE HURRICANE TRACKING CHART WILL BE IN THE GENERAL MANAGERS OFFICE. AFTER THE "HURRICANE ALERT" HAS BEEN ANNOUNCED, EVERYONE WILL KEEP IN TOUCH WITH THE COMMAND POST. THE COMMAND POST SHALL BE LOCATED IN THE SECURITY OFFICE. AFTER THE "HURRICANE ADVISORY" HAS BEEN ANNOUNCED WE WILL MEET AT THE COMMAND POST EVERY 4 HOURS. IT IS OF UTMOST IMPORTANCE THAT WE COMMUNICATE AND KEEP CURRENT. COMMUNICATION WILL BE VIA RADIOS, CELL PHONES AND HOTEL PHONES, IF OPERABLE. EMERGENCY PRONE NUMBERS EMERGENCY MANAGEMENT - 727 - 464 -3800 PROGRESS ENERGY- 727 - 443 -2641 AMERICAN RED CROSS - 727 - 446 -2358 CORPORATE OFFICE - 239- 449 -1800 SHERIFF'S OFFICE / FIRE DEPARTMENT -911 CLEARWATER POLICE - 727 -562 -4242 CLRWTR EMERGENCY MGMT. - 727 -562 -4045 RESORT OWNER - 727 - 823 -0022 9 PREFACE BECAUSE OF OUR LOCATION, WE ARE NATURALLY SUSCEPTIBLE TO HURRICANES. THE SEASON RUNS FROM JUNE IsT UNTIL NOVEMBER 30TH OF EACH YEAR. A HURRICANE IS A GIGANTIC ATMOSPHERIC HEAT PUMP WHOSE INTAKE REACHES OUT HUNDREDS OF MILES OVER TROPICAL OCEANS AND PULLS IN MOIST AIR FROM THE OCEAN TOWARD THE LOW PRESSURE CENTER. AS THIS AIR CONVERGES NEAR THE CENTER AROUND A RING KNOWN AS THE EYE -WALL, IT RISES, CONDENSES THE MOISTURE WHICH IT CARRIES, AND RELEASES THE LATENT HEAT, WHICH IS THE FUEL THAT DRIVES THE HURRICANE. THE CLOUD MATTER AND ICE CRYSTALS RISE IN A CHIMNEY —LIKE STRUCTURE IMBEDDED IN THE EYE -WALL AND SPEWES OUT AT AN ELEVATION OF EIGHT TO TEN MILES OVER VAST AREAS OF THE ENVIRONMENT, RESULTING IN THE DUMPING OF SIX TO TWELVE INCHES OF RAIN IN ITS PATH. WARNING STAGES THE FOLLOWING ARE VARIOUS WARNING STAGES ISSUED BY THE NATIONAL WEATHER CENTER AND SHOULD BE TAKEN SERIOUSLY. PHASE 1 — HURRICANE ADVISORY — 72 HOURS A HURRICANE ADVISORY IS ISSUED APPROXIMATELY 72 HOURS BEFORE THE HURRICANE'S CLOSEST POINT OF APPROACH (CPA). IMPLEMENTATION OF THE HURRICANE PREPAREDNESS PLAN WILL BEGIN AT THIS TIME. PHASE II — HURRICANE WATCH — 36 — 27 HOURS A HURRICANE WATCH IS ISSUED APPROXIMATLEY 36 HOURS PRIOR TO THE HURRICANE'S CLOSEST POINT OF APPROACH (CPA). APPROPRIATE IMPLEMENTION TO THE PLAN CONTINUES. EVACUATION OF THE RESORT SHOULD BEGIN. PHASE III — HURRICANE WARNING — 24 — 20 HOURS A HURRICANE WARNING IS ISSUED APPROXIMATLEY 24 TO 20 HOURS PRIOR TO THE HURRICANE'S CLOSEST POINT OF APPROACH (CPA). EVACUATION OF THE RESORT SHOULD BE COMPLETED. STORM SURGE —A LARGE DOME OF WATER OFTEN 50 MILES WIDE THAT COMES SWEEPING ACROSS THE COASTLINE NEAR THE AREA WHERE THE EYE OF THE HURRICANE MAKES LANDFALL. THIS DOME OF WATER CAN EXCEED 20 FEET, DEPENDING ON THE STRENGTH OF THE HURRICANE. THE SURGE, AIDED BY THE HAMMERING EFFECT OF BREAKING WAVES, ACT LIKE A GIANT BULLDOZER SWEEPING AWAY EVERYTHING IN ITS PATH. THIS BUILD UP 2 OF WATER LEVEL CAN CAUSE SEVERE FLOODING IN COASTAL AREAS, PARTICULARLY WHEN THE STORM SURGE COINCIDES WITH NORMAL HIGH TIDES. NINE OUT OF TEN HURRICANE DEATHS ARE CAUSED BY STORM SURGE. HURRICANE SCALE TO MAKE COMPARISONS EASIER AND TO MAKE THE PREDICTED HAZARDS OF APPROACHING HURRICANES CLEARER TO EMERGENCY FORCES, HURRICANE FORECASTERS AT THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION USE A DISASTER - POTENTIAL SCALE, THE SAFFIR /SIMPSON SCALE, WHICH ASSIGNS STORMS TO FIVE CATEGORIES. CATEGORY I IS A MINIMUM HURRICANE; CATEGORY 5 IS THE WORST CASE. CATEGORY 1 - WINDS 74 - 95 MPH OR STORM SURGE 4 - 5 FEET ABOVE NORMAL NO REAL DAMAGE TO BUILDING STRUCTURES. DAMAGE PRIMARLY TO UNANCHORED MOBILE HOMES, SHRUBBERY AND TREES. ALSO, SOME COASTAL ROAD FLOODING AND MINOR PIER DAMAGE. CATEGORY 2 - WINDS OF 96 - 110 MPH OR STORM SURGE OF 6 - 8 FEET ABOVE NORMAL. SOME ROOFING MATERIAL, DOOR AND WINDOW DAMGE TO BUILDINGS. CONSIDERABLE DAMAGE TO VEGETATION, MOBILE HOMES AND PIERS. COASTAL AND LOW - LYING ESCAPE ROUTES FLOOD 2 - 4 HOURS BEFORE ARRIVAL OF THE CENTER. CATEGORY 3 - WINDS I11 - 130 MPH OR STORM SURGE 9 - 12 FEET ABOVE NORMAL. SOME STRUCTURAL DAMAGE TO SMALL RESIDENCES AND UTILITY BUILDINGS WITH MINOR AMOUNT OF CURTAINWALL FAILURES. MOBILE HOMES ARE DESTROYED. FLOODING NEAR THE COAST DESTROYS SMALL STRUCTURES, WITH LARGER STRUCTURES DAMAGED BY FLOATING DEBRIS. TERRAIN CONTINUOUSLY LOWER THEN 5 FEET ABOVE SEA LEVEL MAY BE FLOODED INLAND AS FAR AS 6 MILES. CATEGORY 4 - WINDS 131 - 155 MPH OR STORM SURGE 13 -18 FEET ABOVE NORMAL. MORE EXTENSIVE CURTAINWALL FAILURES WITH SOME COMPLETE ROOF STRUCTURE FAILURE ON SMALL RESIDENCES. MAJOR EROSION OF BEACH AREAS. MAJOR DAMAGE TO LOWER FLOORS OF STRUCTURES NEAR THE SHORE. TERRAIN CONTINUOUSLY LOWER THAN 10 FEET ABOVE SEA LEVEL MAY BE FLOODED REQUIRING MASSIVE EVACUATION OF RESIDENTIAL AREAS INLAND AS FAR AS 6 MILES. CATEGORY 5 - WINDS GREATER THAN 155 MPH OR STORM SURGE GREATER THAN 18 FEET ABOVE NORMAL. COMPLETE ROOF FAILURE ON MANY RESIDENCES AND INDUSTRAL BUILDINGS. SOME COMPLETE BUILDING FAILURE WITH SMALL UTILITY BUILDINGS BLOWN 3 • OVER OR AWAY. MAJOR DAMAGE TO LOWER FLOORS OF ALL STRUCTURES LOCATED LESS THAN 15 FEET ABOVE SEA LEVEL AND WITHIN 500 YARDS OF THE SHORELINE. CLOSURE OF IMPROVEMENTS AND EVACUATIONS UPON ISSUANCE OF A HURRICANE WATCH BY THE NATIONAL HURRICANE CENTER ALL GUESTS, OWNERS, VISITORS AND EMPLOYEES SHALL BE EVACUATED FROM THE RESORT WITHIN TWELVE (12) HOURS OF THE ISSUANCE. ONLY EMERGENCY AND SECURITY PERSONNEL TO PROTECT THE IMPROVEMENTS WILL BE ALLOWED TO REMAIN ON THE PROPERTY. IT WILL BE THEIR RESPONSIBILITY TO CHECK ALL ROOMS AND SECURITY THE RESORT. GUESTS WILL RECEIVE NOTICE OF IMPENDING STORM VIA A LETTER TO THEIR ROOM. ADDITIONAL NOTICING WILL BE VIA INHOUSE TELEVISION CHANNEL AND FLYERS THROUGHOUT THE HOTEL. THE PUBLIC ANNOUNCEMENT SYSTEM WILL ALSO BE USED FOR NOTICING GUESTS OF EVACUATIONS. THE FRONT DESK STAFF /CONCIERGE /BELLMEN /AND VALET STAFF WILL ARRANGE FOR TRANSPORTATION OF GUESTS THAT REQUIRE IT. THEY WILL ALSO CONTACT OTHER HOTELS THAT ARE NOT IN AN EVACUATION AREA TO ARRANGE LODGING FOR ANY GUESTS WHO MAY NEED 1T. DEPARTMENT ACTION PLANS ACCOUNTING DEPARTMENT 1. MAKE SURE SUFFICIENT STORAGE BOXES AND PLASTIC BAGS ARE AVAIABLE. 2. BACK- UP ALL SYSTEMS AT THE END OF EACH BUSINESS DAY. 3. PRINT REPORTS FOR THE FOLLOWING: A. ACCOUNTS RECEIVABLE E. PAYROLL B. ACCOUNTS PAYABLE F. TRAVEL AGENTS C. ADVANCE DEPOSITS D. GENERAL LEDGER 1. MOVE ALL ACCOUNTING RECORDS AND BACK UP TAPES SHOULD BE DOUBLE BAGGED AND MOVED TO 3RD FLOOR. ALSO TAKE A COPY OFF PROPERTY. 2. KEEP EXTRA CASH ON HAND. 3. ALL COMPUTER EQUIPMENT AND CREDIT CARD MACHINES SHOULD BE DOUBLE BAGGED AND TAKEN TO THE 3RD FLOOR 4. ALL BANKS THAT VARIOUS PEOPLE HAVE SHOULD BE COUNTED. 5. BRING ALL VENDORS CURRENT WITH PAYMENT. 6. PREPARE LIST OF ALL EXECUTIVE COMMITTEE - CELL / PAGER / HOME. 4 I 1 0 0 7. CALL ALL INSURANCE AGENTS. DISTRIBUTE LIST TO G.M. /ROOMS DIRECTOR AND DIR. OF ENGINEERING. HUMAN RESOURCES 1. BACK UP COMPUTERS 2. MOVE COMPUTERS FROM H.R. AND EXECUTIVE ASSISANTS AREA TO 3RD FLOOR BALLROOM 3. MOVE EXECUTIVE ASSISTANTS FILES 4. MOVE ALL RECORDS FROM ACCOUNTING AND HR TO 3RD FLOOR BALLROOM 5. MOVE AIRBORN ITEMS. CATERING / CONFERENCE SERVICES 1. SET UP 6 TABLES WITH CHAIRS IN 3RD FLOOR BALLROOM FOR RESORT INFORMATION. 2. CONTACT IN -HOUSE GROUP MEETING PLANERS TO ADVISE THE STORM STATUS. 3. CONTACT UPCOMING MEETINGS TO ADVISE THEM OF THE STORM 4. CONTACT LOCAL CAB COMPANIES OR LOCAL TRANSPORTATION FOR GROUPS. 5. MOVE PLANTS FORM TERRACE INTO THE LIVING ROOM 6. RUN BACK -UP OF ALL FUTURE FUCTIONS ON TO DISK. 7. ALL COMPUTERS AND DISKS SHOULD BE DOUBLE BAGGED. & ASSIST WHERE NEEDED 9. ALL MANGERS SHOULD CONTACT THE GENERAL MANAGER TO OBTAIN PERMISSION TO EVACUATE THE RESORT. SAFES 1. REMOVE ANY GROUP FILES AND PUT INTO STORAGE BOXES 2. RUN BACK - UP OF ALL FUTURE GROUPS 3. RUN REPORTS FOR GROUP ARRIVALS AND ARRIVING GROUP NAMES AND ADDRESSES 4. ALL COMPUTERS AND DISKS SHOULD BE DOUBLE BAGGED 5. NOTIFY UPCOMING GROUPS OF STORM CONDITION. 6. ASSIST WHERE NEEDED 7. ALL MANGERS SHOULD CONTACT THE GENERAL MANAGER TO OBTAIN PERMISSION TO EVACUATE THE RESORT RESERVATIONS, FRONT DESK, GUEST SERVICES 1. PRINTOUT ALL FUTURE ARRIVALS FOR THE NEXT 45 DAYS 2. PRINT 30 DAYS WORTH OF AVAILABLITY 3. BACK- UP ALL FUTURE RESERVATIONS 5 0 0 4. DISCONNECT ALL COMPUTER EQUIPMENT ALL SHOULD BE DOUBLE BAGGED AND MOVED TO THE 3RD FLOOR BALLROOM 5. NOTIFY RESERVATION COMPANY OF STORM CONDITIONS 6. ENSURE TIMELY CHECK OUT FOR IN -HOUSE GUESTS 7. AFTER ALL CHECK OUTS TAKE FINAL READINGS, SECURE BANKS, AND RUN A CONTIGENCY REPORT, RUN FINAL AUDIT 8. A SET OF GUEST ROOM BACK -UP KEYS SHOULD BE SECURED IN ACCT.'S SAFE 9. PBX OPERATORS ARE TO COMMUNICATE WITH MANAGER'S WHEN THE GUEST SHOULD BE INFORMED ON AN EVACUATION 10. HOTEL VAN TO BE TOPPED OFF WITH FUEL 11. REMOVE ALL FLAGS FROM FRONT ENTRANCE 12. DISTRIBUTE IF NECESSARY GUEST NOTIFICATION LETTER. THE FIRE PANEL ANNUNCIATOR WILL ALSO BE USED. 13. ARRANGE TRANSPORTATION FOR GUESTS 14. ASSIST WITH THE EVACUATION OF HOTEL GUESTS SECURITY ACTIVELY PATROL ALL AREAS OF THE HOTEL TO PREVENT THEFT AND LOOTING UNTIL ORDERED TO EVACUATE SECURE ANY AND ALL AREAS FOUND UNSECURED I BRING FIRST AID SUPPLIES TO THE 3RD FLOOR BALLROOM 2 ASSIST IN SETTING UP 3RD FLOOR BALLROOM AS THE COMMAND POST 3 ASSIST IN PREPARING THE RESORT FOR EVACUATION 4 COLLECT REMAINING PORTABLE RADIO'S AND BRING TO 3RD FLOOR BALLROOM 5 BRING ALL REMAINING STAFF KEYS TO ACCOUNTING AND SECURE IN SAFE ENGINEERING 1. PULL ALL OUTDOOR FURNITURE IN FROM RESTAURANT TERRACE 2. SECURE ALL EQUIPMENT ON ROOF 3. TURN OFF ALL IRRIGATION SYSTEMS 4. SHUT DOWN ALL POOL EQUIPMENT AT BREAKER 5. VEHICLES FILLED WITH GAS 6_ STICKERS TO ALL EXECUTIVES TO ALLOW THEM BACK ON PROPERTY AFTER STORM 7. COMMITMENT FROM CONTRACTORS FOR SERVICE AFTER STORM 8. ELEVATORS TO MIDDLE FLOORS 9. PROGRESS ENERGY WILL TURN POWER OFF TO THE BUILDING BUT TURN OFF ALL MAINS 10. MONITOR STORMS POSITION AND FORECASTED PATH 11. TURN OFF FOUNTAINS 6 • • 12. GET GAS FOR GENERATOR 13. FLASH LIGHTS AND BATTERIES 14. ARRANGE TO HAVE RECYCLING CONTAINERS REMOVED AND TRASH COMPACTOR EMPTIED. 15. WALK EXTERIOR OF PROPERTY, ENSURING THAT ALL LOOSE ITEMS OR PROJECTILES HAVE BEEN SECURED OR REMOVED. 16. ASSIST WITH FILLING OF SAND BAGS 17. SHUT OFF NATURAL GAS SUPPLY VALVE TO EACH APPLIANCE IN THE KITCHEN. BEACH ATTENDANTS 1. MOVE ALL POOL FURNITURE FROM POOL AREA TO PARKING GARAGE AND SECURE WITH ROPES. 2. MOVE STOCK AND SUPPLIES TO HIGHER FLOORS. 3. MOVE ALL OUTSIDE TRASH RECEPTICLES TO PARKING GARAGE AND SECURE WITH ROPES. 4. ASSIST WITH PREPARATIONS FOR TATE ISLAND GRILL AND "THE LOFT" 5. ALL CANVAS BEACH CABANA'S TO BE BROUGHT UP TO THE BOARDWALK AND SECURED WITH ROPE. DEPENDING ON SEVERITY OF STORM MAY NEED TO GO INTO THE PARKING GARAGE. 6. ALL ITEMS TO BE REMOVED FROM PRIVATE CABANAS AND BROUGHT TO HIGHER FLOORS. 7. ASSIST WITH FILLING OF SAND BAGS FOOD AND BEVERAGE 1. SCHEDULE STAFF MEMBERS TO REFLECT STORM AND OCCUPANCY UNLESS A MANDATORY EVACUATION 1S ISSUED 2. COORDINATE WITH THE EXECUTIVE CHEF FOR WALK -IN COOLER /FREEZER STORAGE AND ASSIST IN BAGGING ICE. 3. MOVE OUTSIDE TABLE AND CHAIRS INDOORS 4. A BUFFET WILL BE SET UP FOR FOOD EGGS BACON SAUSAGE BREADS MUFFINS /DANISH HOT DOGS HAMBURGERS PIZZA PASTA TWO SALADS DRESSINGS BUNS 100 GAL WATER COFFEE / TEA SODA STERNO 1WATANI BURNER FUEL BROOMS MOPS BLEACH EXTRACTOR / CHEMICALS PALATE JACK VISQUEEN DUCT TAPE ALL ITEMS WILL ESTABLISH PARS WHEN THE STORMS PATH IS DETERMINED AND THE AVAILABILITY OF ITEMS FROM OUR PURVEYORS BASED ON WHEN DELIVERY STOPS. 5. ASSIST WITH BREAKING DOWN AND STORAGE OF ALL FOOD ITEMS IN THE MARKET PLACE, UTILIZING THE MAIN KITCHEN WALK -INS 6. MOVE ALL OUTSIDE SEATING FROM THE MARKET PLACE INDOORS. 7 TATE ISLAND GRILL 1. ALL TABLES AND CHAIRS TO BE MOVED TO THE PARKING GARAGE AND SECURED WITH ROPE 2. CONDIMENTS AND PAPER GOODS TO BE BOXED UP AND STORED INSIDE THE RESORT 3, ALL DRY GOODS TO BE BOXED UP AND TAKEN INSIDE THE RESORT 4. ALL COOLERS /FREEZERS TO BE EMPTIED AND PRODUCT STORED IN THE MAIN KITCHEN WALK -INS 5. GAS SUPPLY VALVES CLOSED. KID'S CLUB 1. ALL SUPPLIES TO BE BOXED UP AND STORED ON THE 3RD FLOOR 2. WORK STATIONS TO BE STORED ON THE 3RD FLOOR SPA 1. ALL RECORDS AND FILES TO BE BOXED UP AND STORED ON THE 3RD FLOOR 2. ALL SPA RETAIL ITEMS TO BE BOXED AND STORED ON THE 3RD FLOOR 3. ALL EQUIPMENT SHOULD BE TURNED OFF AND UNPLUGGED 4. GAS SUPPLY VALVES CLOSED ALL OTHERS 1. ALL GUEST ROOM BALCONY FURNITURE BROUGHT IN AND SLIDING DOOR LOCKED 2. ALL DRAPES AND SHEERS TO BE CLOSED 3. BELLCARTS TO BE BROUGHT IN 4. FURNITURE FROM LOBBY ENTRANCE AREA BROUGHT IN 5. ASH URNS BROUGHT IN FROM LOBBY ENTRANCE AND TERRACES 6. TIE TERRACE /VERANDA DOORS SHUT AND PUT SAND BAGS DOWN 7. LOBBY FURNITURE TO BE PUT TOGETHER IN CENTER OF LOBBY 8. FILL BATHTUBS ON 3RD - 8T" FLOOR WITH WATER 9. TAPE ALL VERANDA DOOR SEAMS 10. REMOVE BEDDING AND FURNITURE FROM THE HOSPITALITY SUITE AND STORE ON AN UPPER FLOOR 8 . 1 0 0 MARINA THE SAND PEARL RESORT AS A LEASEE OF SLIPS AT THE CITY OF CLEARWATER RECREATION CENTER DOCKING FACILITY SHALL ASSIST IN SECURING AND PREPARING THE MARINA FOR HURRICANE EVENTS. EMERGENCY CONTACT INFORMATION FOR ALL BOAT SLIP USERS SHALL BE MAINTAINED AT ALL TIMES AND VERIFIED AS ACCURATE PRIOR TO JUNE 1 OF EACH YEAR. ALL SLIP TENANTS SHALL BE REQUIRED TO MAINTAIN ACCURATE INSURANCE ON FILE WITH THE RESORT AND SHALL NAME SANDPEARL AS AN ADDITIONAL INSURED. PRIOR TO JUNE 1 OF EACH YEAR, SANDPEARL STAFF SHALL ENSURE THAT EACH SLIP TENANT HAS APPROPRIATE TIE -UP LINES AVAILABLE ON THEIR VESSEL. DURING PREPARATION FOR HURRICANE EVENTS, THE FOLLOWING PROCEDURES SHALL BE IMPLEMENTED: 72 HOURS PRIOR TO EXPECTED LANDFALL 1. STAFF WILL BE ADVISED OF MARINA FACILITY SECURING PROCEDURES 2. ALL SLIP TENANTS WILL BE NOTIFIED ON PENDING WEATHER AND ADVISED TO SECURE VESSELS, REMOVE NON - ESSENTIAL EQUIPMENT, AND SECURE ALL GEAR. 3. RESORT VOICE MAIL WILL BE UPDATED TO ADVISE VESSEL OWNERS OF APPROPRIATE ACTIONS TO BE TAKEN AND PREDICTED WEATHER CONDITIONS. 4. VESSELS WILL BE IDENTIFIED AND WRITTEN RECORDS OF ALL VESSELS WILL BE MADE. (INCLUDING WHICH VESSELS ARE TO REMAIN AT FACILITY AND WHICH SHALL BE REMOVED BY OWNERS) 48 HOURS PRIOR TO EXPECTED LANDFALL 1. STAFF WILL REMOVE ALL NON - ESSENTIAL MATERIAL FROM THE SANDPEARL SLIPS. 2. STAFF WILL PHOTO- DOCUMENT ALL VESSELS AND ALL MARINA FACILITIES. 24 THROUGH 6 HOURS PRIOR TO EXPECTED LANDFALL 1. STAFF WILL COMPLETE SECURING OF MARINA AND WILL LOCK ACCESS GATE. 2. FINAL CHECK AND PATROL OF FACILITY TO BE COMPLETED 6 HOURS PRIOR TO EXPECTED LANDFALL. POST STORM ACTIVITIES UPON DETERMINATION THAT WEATHER CONDITIONS ALLOW FOR SAFE RETURN TO THE PROPERTY, RESORT STAFF SHALL: 1. CONDUCT A SAFETY INSPECTION OF THE DOCKING FACILITY. 2. PHOTO- DOCUMENT ALL DOCKING AREAS AND REMAINING VESSELS AND EQUIPMENT. 3. MARK AND BLOCK ANY UNSAFE AREAS OR SLIPS. 4. PERMIT VESSEL OWNERS TO INSPECT VESSELS UPON DETERMINATION IT IS SAFE TO ENTER THE FACILITY. 9 RE- ENTRY: DEPENDING UPON THE SEVERITY OF THE STORM, THE PINELLAS COUNTY DEPT OF EMERGENCY WILL ALLOW AUTHORIZED PERSONNEL TO COME BACK INTO THE AREA TO ASSESS DAMAGES. IN ORDER TO FACILITATE RE -ENTRY EACH EMPLOYEE MUST HAVE A VALID FLORIDA DRIVERS LICENSE AND PRESENT AN INDIVIDUAL LETTER OF AUTHORIZATION ON SANDPEARL RESORT LETTERHEAD BEARING AN ORIGINAL SIGNATURE OF THE GENERAL MANAGER OF THE SANDPEARL RESORT ADDRESSED TO THE CLEARWATER POLICE DEPARTMENT TO GAIN ENTRY TO THE PROPERTY. EXECUTIVE COMMITTEE MEMBERS ALONG WITH OTHER AVAILABLE DEPARTMENT HEADS WILL CONDUCT A DAMAGE ASSESSMENT OF THE RESORT. HUMAN RESOURCES ALONG WITH DEPT HEADS WILL RECALL PERSONNEL AS APPROPRIATE TO COMMENCE CLEAN -UP, RECOVERY OPERATIONS. RE -ENTRY COULD BE AT ANY TIME FOLLOWING THE STORM, FROM DAYS TO WEEKS, DEPENDENT UPON THE DEGREE OF DAMAGE AND FLOODING. RECOVERY: RECOVERY WILL BE INITIATED AS SOON AS PRACTICAL. RECALL OF GUESTS WILL BE AS SOON AS THE HOTEL IS OPERATIONAL AND SAFE. DETERMINE A LOCATION ON PROPERTY FOR DEBRIS COLLECTION. NOTIFY PROPERTY INSURER FOR ADVICE AND ASSISTANCE GENERAL SUPPLIES THAT SHOULD BE IN COMMAND POST 1. PORTABLE RADIOS WITH CHARGERS 2. PORTABLE AM /FM RADIO 3. NATIONAL WEATHER SERVICE RADIO TELEVISION SET 4. FLIP CHARTS, EASELS, AND MARKING PENS 5. AMPLE SUPPLY OF BATTERIES 6. FIRST AID KIT 7. PORTABLE EMERGENCY LIGHTING 8. 12 FLASHLIGHTS WITH BACK -UP BATTERIES 9. SPARE FIRE EXTINGUISHERS 10. DUCT TAPE 25 ROLLS 11. ROPE 12. CELL PHONE WITH CHARGER 13. 100 SAND BAGS 14. THREE ROLLS OF PLASTIC SHEETING 10 0 0 PINELLAS COUNTY WATER & NAVIGATION CONTROL AUTHORITY 315 COURT STREET, CLEARWATER, FLORIDA 33756 ISSUED TO: HOMEOWNER FOR CITY OF CLEARWATER CONSTRUCTION SITE: 69 BAY ESPLANADE, CLEARWATER, FL 33756 DESCRIPTION: 05- 29 -15- 00000 - 330 -0100 Permit is valid for 3 years TO REPORT START DATE AND COMPLETION DATE, CALL: (727) 464 -3770 PERMIT NO. CC37445=06 1. PERMITS MAY ALSO BE REQUIRED FROM THE FOLLOWING AGENCIES: FL D.E.P & U.S. ARMY C.O.E. 2. THE WATERS OF PINELLAS COUNTY ARE LOCATED WITHIN THE PINELLAS COUNTY & BOCA CIEGA BAY AQUATIC PRESERVE. SPECIAL REGULATIONS EXIST THAT GOVERN THE CONSTRUC- TION WITHIN AN AQUATIC PRESERVE. . PLEASE CONTACT THE FL D.E.P. 3. THIS PERMIT IS VALID FOR A DOCK STRUCTURE ONLY. ELECTRICAL & WATER /SEWER INSTALLATIONS WILL REQUIRE SEPARATE PERMITS FROM THE APPROPRIATE (Municipal or County) BUILDING DEPARTMENT. 4. THIS PERMIT IS SUBJECT TO A 30 DAY APPEAL PERIOD FROM DATE OF ISSUE - CHAPTER 31182, SPECIAL ACTS OF FLORIDA, 1955 AS REVISED. CLERK: KEN BURKE By:12u V c ) Deputy Clerk DATE OF ISSUANCE: 06/03/08 FINAL INSPECTION: THIS PERMIT IS REQUIRED TO BE POSTED IN A CONSPICUOUS LOCATION AT THE CONSTRUCTION SITE. 0 0 DEPARTMENT OF THE ARMY PERMIT Permittee: William Morris Director Marina and Aviation 25 Causeway Boulevard Clearwater, Florida 33756 Permit No: SAJ- 2006 - 5617- (IP -PW) Issuing Office: U.S. Army Engineer District, Jacksonville NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: The City of Clearwater proposes to construct a multi -use docking facility for public use at an existing city recreation center known as the Clearwater Recreation Center. The proposed project is a redesign /reconfiguration of the existing marina. The applicant proposes to install 42 wet slips, five (5) common walkways, two (2) access walkways, a lower landing and a boardwalk. The work described above is to be completed in accordance with the 6 pages of drawings affixed at the end of this permit instrument. Project Location: The project is located in Mandalay Channel a part of Clearwater Harbor at 69 Bay Esplanade in Section 5, Township 29 South, Range 15 East, Clearwater, Pinellas County, Florida. Directions to site: From downtown Clearwater, cross the Memorial Causeway Bridge heading west towards the beach. From the roundabout at Causeway Boulevard proceed north on Mandalay Avenue approximately 0.5 miles. Turn right on Bay Esplanade. The recreation center is on the south side of the road. P� I 1 • PERMIT NUMBER: SAJ- 2006 -5617 (IP -PW) PERMITTEE: Clearwater Recreation Center PAGE 2 of 8 • Latitude & Longitude: Latitude: 27.5903 North Longitude: 82.4930 West Permit Conditions General Conditions: 1. The time limit for completing the work authorized ends on September 4, 2013. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon th -e permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature and the mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. S. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this 0 "r PERMIT NUMBER: SAJ- 2006 -5617 (IP -PW) PERMITTEE: Clearwater Recreation Center PAGE 3 of 8 0 permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: 1. The applicant agrees to comply with the Standard Manatee Conditions of In -Water Work (2005 revision). Copy attached. 2. The applicant agrees to comply with the Standard Manatee Educational /Awareness Sign Conditions (July 2005 revision). Copy attached. 3. The applicant agrees to adhere to the National Marine Fisheries Service Sea Turtle and Smalltooth Sawfish Construction Conditions (revised March 2006). Copy attached. 4. The applicant agrees to adhere to Construction Guidelines in Florida for Minor Piling- Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat U.S. Army Corps of Engineers /National Marine Fisheries Service (August 2001). Copy attached. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). ( ) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. f PERMIT NUMBER: SAJ- 2006 -5617 (IP -PW) PERMITTEE: Clearwater Recreation Center PAGE 4 of 8 a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. C. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. C. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: • PERMIT NUMBER: SAJ- 2006 -5617 (IP -PW) PERMITTEE: Clearwater Recreation Center PAGE 5 of 8 CJ a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above). C. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of leg -al action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. I -^' PERMIT NUMBER: SAJ- 2006 -5617 (IP -PW) PERMITTEE: Clearwater Recreation Center PAGE 6 of 8 Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (PERMITTEE) (PERMITTEE NAME - PRINTED) (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. 1 (DISTRICT ENGINEER) Paul L. Grosskruger Colonel, U.S. Army District Commander (DATE) PERMIT NUMBER: SAJ- 2006 -5617 (IP -PW) PERMITTEE: Clearwater Recreation Center PAGE 7 of 8 When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE - SIGNATURE) (NAME- PRINTED) (ADDRESS) (CITY, STATE, AND ZIP CODE) I (DATE) ey PERMIT NUMBER: SAJ- 2006 -5617 (IP -PW) PERMITTEE: Clearwater Recreation Center PAGE 8 of 8 Attachments to Department of the Army Permit Number SAJ- 2006 -5617 (XP-PW) 1. PERMIT DRAWINGS: Vicinity Maps and permit drawings 9 pages, dated 1/12/2007 2. WATER QUALITY CERTIFICATION: Specific Conditions of the water quality permit in accordance with General Condition number 5 on page 2 of this DA permit. 9 pages. 3. Additional Documents: as required SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43020065.001 EXPIRATION DATE: April 24,201 PERMIT ISSUE DATE: April 24, 2007 This permit is issued under the provisions of Chapter 373, Florida Statutes, (F.S.), and the Rules contained in Chapters 40D -4 and 40, Florida Administrative Code, (F.A.C.). The permit authorizes the Permittee to proceed with the construction of a surface water management system in accordance with the information outlined herein and shown by the application, approved drawings, plans, specifications, and other documents, attached hereto and kept on file at the Southwest Florida Water Management District (District). Unless otherwise stated by permit specific condition, permit issuance constitutes certification of compliance with state water quality standards under Section 401 of the Clean Water -Act, 33 U.S.C. 1341. All construction, operation and maintenance of the surface water management system authorized by this permit shall occur in compliance with Florida Statutes and Administrative Code and the conditions of this permit. PROJECT NAME: Clearwater Recreation Center Docking Facility GRANTED TO: City of Clearwater Marine and Aviation Department 25 Causeway Boulevard Clearwater, FL 33767 ABSTRACT: This project involves the construction of a 42 -slip public docking facility, approximately 0.47 mile north of the intersection of SR 60 and Mandalay Avenue in Pinellas County. Boardwalk access to fixed finger piers will be constructed over an unvegetated open water area. The dock facility will be constructed along a segment of the northern shoreline of a basin in Clearwater Harbor, and will not require dredging. Proprietary authorization for activities over submerged lands pursuant to Chapter 18- 21, F.A.C. is not required. OP. & MAINT. ENTITY: City of Clearwater Marine and Aviation Department COUNTY: Pinellas SEC/TWP /RGE: 05/29S/1 5E TOTAL ACRES OWNED OR UNDER CONTROL: 4.13 PROJECT SIZE: 0.28 Acre LAND USE: Government DATE APPLICATION FILED: June 29, 2006 AMENDED DATE: N/A Permit No.: 43020065.001 Project Name:. Clearwater Recreation Center Docking Facility Page: 2 of 5 Water Quantity /Quality Neither water quantity attenuation nor water quality treatment is required. Hydrographic studies demonstrate that flushing time (the time required to reduce the concentration of a conservative pollutant to ten percent of its original concentration) for the marina basin is approximately four days, generally the maximum that is desirable for docking facilities. Pollutants leaving the docking facility are expected to adequately disperse in the receiving water body so as not to significantly affect existing ambient water quality. Pilings will be wrapped in PVC, and no fueling or sewage pump -out facilities are proposed. A mixing zone is not required. A variance is not required. 100 -Year Floodplain Encroachment Acre -Feet of fill Compensation Acre -Feet of excavation Compensation Type Encroachment Result (feet) 0.00 0.00 N/A N/A III. Environmental Considerations Wetland /Surface Water Information Count of Wetlands: 1 Wetland Name Total Not Impacted Permanent Impacts Temporar, Impacts Acres Acres Acres Functional Loss" Acres Functional Loss` Canal 0.28 0.00 0.28 0.00 0.00 0.00 TOTAL 0.28 0.00 0.28 0.00 0.00 0.00 * For impacts that do not require mitigation, their functional loss is not included. Wetland Comments: The subject project is a public 42 slip docking facility proposed for construction within an existing east -west oriented surface water /canal that is perpendicular to the adjacent Mandalay Channel segment of Clearwater Harbor. The waterbody is not Sovereign Submerged Land. Natural resources within the project area include mangroves, associated tidal shoreline habitat and submerged aquatic vegetation /sea grass. The walkways, finger piers and mooring areas /slips will be constructed waterward of the existing sea grass beds and will not cause adverse impact to any of the existing natural resources. One boardwalk, extending from the adjacent upland and between the existing mangroves, will provide the only access from the upland to the facility. All pilings will be encased in protective /leach preventive material. Water quality will not be impaired, as demonstrated by a flush ing /hydrographic study submitted with the permit application. Sea grass and Manatee warning /education signs will be placed at various locations within the project area. A total of approximately 0.28 acre of impact to the surface water and sand bottom is considered a de minimis impact not requiring mitigation. A regulatory. conservation easement is not required. A proprietary conservation easement is not required. 4 Permit No.: 43020065.001 Project Name: Clearwater Recreation Center Docking Facility Page: 3 of 5 I SPECIFIC CONDITIONS If the ownership of the project area covered by the subject permit is divided, with someone other than the Permittee becoming the owner of part of the project area, this permit shall terminate, pursuant to Section 40D- 1.6105, F.A.C. In such situations, each land owner shall obtain a permit (which may be a modification of this permit) for the land owned by that person. This condition shall not apply to the division and sale of lots or units in residential subdivisions or condominiums. Unless specified otherwise herein, two copies of all information and reports required by this permit shall be submitted to: Tampa Regulation Department Southwest Florida Water Management District 7601 U.S. Highway 301 North Tampa, FL 33637 -6759 The permit number, title of report or information and event (for recurring report or information submittal) shall be identified on all information and reports submitted. 3. The Permittee shall retain the design engineer, or other professional engineer registered in Florida, to conduct on -site observations of construction and assist with the as- built. certification requirements of this project. The Permittee shall inform the District in writing of the name, address and phone number of the professional engineer so employed. This information shall be submitted prior to construction. 4. Within 30 days after completion of construction of the permitted activity, the Permittee shall submit to 'the Tampa Service Office a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the required Statement of Completion and Request for Transfer to Operation Entity form identified in Chapter 40D- 1.659, F.A.C., and signed, dated and sealed as -built drawings. The as -built drawings shall identify any deviations from the approved construction drawings. 5. The District reserves the right, upon prior notice to the Permittee, to conduct on -site research to assess the pollutant removal efficiency of the surface water management system. The Permittee may be required to cooperate in this regard by allowing on -site access by District representatives, by allowing the installation and operation of testing and monitoring equipment, and by allowing other assistance measures as needed on site. 6. The construction of all wetland impacts and wetland mitigation shall be supervised by a qualified environmental scientist /specialist/consultant. The Permittee shall identify, in writing, the environmental professional retained for construction oversight prior to initial clearing and grading activities. 7. Wetland buffers shall remain in an undisturbed condition except for approved drainage facility construction /maintenance. 8. The following boundaries, as shown on the approved construction drawings, shall be clearly delineated on the site prior to initial clearing or grading activities: A. wetland buffers, and B. limits of approved wetland impacts. Permit No.: 43020065.001 Project Name: Clearwater Recreation Center Docking Facility Page: 4 of 5 The delineation shall endure throughout the construction period and be readily discernible to construction and District personnel. Wetland boundaries as shown on the approved construction drawings shall be binding upon the Permittee and the District. 10. All construction is prohibited within the permitted project area until the Permittee acquires legal ownership or legal control of the project area as delineated in the permitted construction drawings. 11. Manatee protection during construction shall be provided by the following: A. The Permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for monitoring water - related activities to determine the presence of manatee(s). B. The Permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, The Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. C. Turbidity barriers shall be made of material in which manatees cannot become entangled, properly secured, and regularly monitored to avoid manatee entrapment. Barriers must. not block manatee entry to or exit from essential habitat. D. All vessels associated with the construction project shall operate at "no wake /idle" speeds at all times while in the construction area and while in water where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. E. If manatee(s) are seen within 100 yards of the active construction /dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a. manatee. Any equipment closer than 50 feet of a manatee must immediately cease operation. Activities will not resume until the manatee(s) has departed the project area of its own volition. F. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission's Hotline at 1- 888 - 404 -FWCC. Collision or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1- 904 -232- 2580) for north Florida or Vero Beach (1- 561 - 562 -3909) for south Florida. G. Temporary signs concerning manatees shall be posted prior to and during all construction /dredging activities. All signs shall be removed by the Permittee upon completion of the project. A sign measuring at least 3 feet by 4 feet. which reads "Caution: Manatee Area" must be posted in a location prominently visible to water related construction crews. A second sign must be posted if vessels are associated with the construction, and must be visible to the vessel operator. The second sign must be at least 8 % inches by 11 inches which reads "Caution: Manatee Habitat. Idle speed is Permit No.: 43020065.001 Project Name: Clearwater Recreation Center Docking Facility Page: 5 of 5 required if operating a vessel in the construction area. Any equipment closer than 50 feet of a manatee must immediately cease operation. Any collision or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commissions' Hotline at 1- 888 - 404 -FWCC (1- 888 - 404 - 3922)." 12. This permit is issued based upon the design prepared by the Permittee's consultant. If at any time it is determined by the District that the Conditions for Issuance of Permits in Rules 40D- 4.301 and 40D- 4.302, F.A.C., have not been met, upon written notice by the District, the Permittee shall obtain a permit modification and perform any construction necessary there under to correct any deficiencies in the system design or construction to meet District rule criteria. The Permittee is advised that the correction of deficiencies may require re- construction of the surface water management system and /or mitigation areas. GENERAL CONDITIONS The general conditions attached hereto as Exhibit "A" are hereby incorporated into this permit by reference and the Permittee shall comply with them. Authori ed ignature EXHIBIT "A" All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. For general permits authorizing incidental site activities, the following limiting general conditions shall also apply: a. If the decision to issue the associated individual permit is not final within 90 days of issuance of the incidental site activities permit, the site must be restored by the permittee within 90 days after notification by the District. Restoration must be completed by re- contouring the disturbed site to previous grades and slopes re- establishing and maintaining suitable vegetation and erosion control to provide stabilized hydraulic conditions. The period for completing restoration may be extended if requested by the permittee and determined by the District to be warranted due to adverse weather conditions or other good cause. In addition, the permittee shall institute stabilization measures for erosion and sediment control as soon as practicable, but in no case more than 7 days after notification by the District. b. The incidental site activities are commenced at-the permittee's own risk. The Governing Board will not consider the monetary costs associated with the incidental site activities or any potential restoration costs - in making its decision to approve or deny the individual environmental resource permit application. Issuance of this permit shall not in any way be construed as commitment to issue the associated individual environmental resource permit. 4. Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards. The permittee shall implement best management practices for erosion and a pollution control to prevent violation of state water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 5. Water quality data for the water discharged from the permittee's property or into the surface waters of the state shall be submitted to the District as-required by the permit. Analyses shall be performed according to procedures outlined in the current edition of Standard Methods for the Examination of Water and Wastewater by the American Public Health Association or Methods for Chemical Analyses of Water and Wastes by the U.S. Environmental Protection Agency. If water quality data are required, the permittee shall provide data as required on volumes of water discharged, including total volume discharged during the days of sampling and total monthly volume dis- charged from the property or into surface waters of the state. ERP General Conditions Individual (Construction, Conceptual, Mitigation Banks), General, Incidental Site Activities, Minor Systems Page 1 of 3 41.00- 023 {03/04) ` - s 6. District staff must be notified in advance of any proposed construction dewatering. If the dewatering activity is likely to result in offsite discharge or sediment transport into wetlands or surface waters, a written dewatering plan must either have been submitted and approved with the permit application or submitted to the District as a permit prior to the dewatering event as .a permit modification. A water use permit may be required prior to any use exceeding the thresholds in Chapter 40D -2, F.A.C. 7. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased. 8. Off -site discharges during construction and development shall be made only through the facilities authorized by this permit. Water discharged from the project shall be through structures having a mechanism suitable for regulating upstream stages. Stages may be subject to operating schedules satisfactory to the District. 9. The permittee shall complete construction of all aspects of the surface water management system, including wetland compensation (grading, mulching, planting), water quality treatment features, and discharge control facilities .prior to .beneficial occupancy or use of the development being served by this system. 10. The following shall be properly abandoned and /or removed in accordance with the applicable regulations: a. Any existing wells in the path of construction shall be properly plugged and abandoned by a licensed well contractor. b. Any existing septic tanks on site shall be abandoned at the beginning of construction. C. Any existing fuel storage tanks and fuel pumps shall be removed at the beginning of construction. 11. All surface water management systems shall be operated to conserve water in order to maintain environmental quality and resource protection; to increase the efficiency of transport, application and use; to decrease waste; to minimize unnatural runoff from the property and to minimize dewatering of offsite property. 12. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District a written notification of commencement indicating the actual start date and the expected completion date. 13. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the occupation of the site or operation of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local government or other responsible entity. 14. Within 30 days after completion of construction of the permitted activity, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the required Statement of Completion and Request for Transfer to Operation Entity form identified in Chapter 40D -1, F.A.C. Additionally, if deviation from the approved drawings are discovered during the certification process the certification must be accompanied by a copy of the approved permit drawings with deviations noted. ERP General Conditions Individual (Construction, Conceptual, Mitigation Banks), General, Incidental Site Activities, Minor Systems Page 2 of 3 41.00- 023 {03/04) 15. This permit is valid only for the specific processes, operations and designs indicated on the approved drawings or exhibits submitted in support of the permit application. Any substantial deviation from the approved drawings, exhibits, specifications or permit conditions, including construction within the total land area but outside the approved project area(s), may constitute grounds for revocation or enforcement action by the District, unless a modification has been applied for and approved. Examples of substantial deviations include excavation of ponds, ditches or sump areas deeper than shown on the approved plans. 16. The operation phase of this permit shall not become effective until the permittee has complied with the requirements of the conditions herein, the District determines the system to be in compliance with the permitted plans, and the entity approved by the District accepts responsibility for operation and maintenance of the system. The permit may not be transferred to the operation and maintenance entity approved by the District until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall request transfer of the permit to the responsible operation and maintenance entity approved by the District, if different from the permittee. Until a transfer is approved by the District, the permittee shall be liable for compliance with the terms of the permit. 17. Should any other regulatory agency require changes to the permitted system, the District shall be notified of the changes prior to implementation so that a determination can be made whether a permit modification is required. 18. This permit does not eliminate the necessity to obtain any required federal, state, local and special District authorizations including a determination of the proposed activities' compliance with the applicable comprehensive plan prior to the start of any activity approved by this permit. 19. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40D -4 or Chapter 40D -40, F.A.C. 20. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may ? arise by reason of the activities authorized by the permit or any use of the permitted system. 21. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under section 373.421(2), F.S., provides otherwise. 22. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rule 40D- 4.351, F.A.C. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer. 23. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with District rules, regulations and conditions of the permits. 24. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the District and the Florida Department of State, Division of Historical Resources. 25. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. ERR General Conditions Individual (Construction, Conceptual, Mitigation Banks), General, Incidental Site Activities, Minor Systems Page 3 of 3 41.00- 023 {03/04) r • Wells, Wayne From: Wells, Wayne Sent: Monday, September 14, 2009 8:00 AM To: 'tom.cuba @delta - seven.com' Cc: 'Ryan.Oliver @Delta- Seven.com; Tefft, Robert Subject: Docks at 69 Bay Esplanade for Sandpearl Tom — For your information, building permit #BCP2009 -09039 has been submitted to the City of Clearwater to construct the upland improvements at the Clearwater Recreation Center at 69 Bay Esplanade (approved under Case Nos. FLD2007- 02003 and DVA2007- 00002). There are three items associated with the dock construction that I am unclear how compliance is being /has been achieved: 1. Pinellas County approval required a hurricane plan for the marina to be received from the applicant prior to permit issuance. If this has been submitted and approved, please provide a copy of the hurricane plan and the approval of such. If it hasn't been submitted, need to prepare and submit for approval. 2. Approval of FLD2007 -02003 was conditioned on the following: "That signage be permanently installed on the docks or at the entrance to the docks containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity." Is this signage under the County permit and be inspected by the County or will it be included in the above referenced City permit (BCP2009- 09039)? : 3. Approval of FLD2007 -02003 was conditioned on the following: "That a copy of the SWFWMD and /or FDEP Permit and Corps of Engineer's Permit, if applicable, be submitted to the Planning Department prior to commencement of construction." Since it appears that construction of such docks,are imminent, I do not find any record of such copies being provided to our Department. Could you please check,your.records and provide such documents tome if they have been approved by these agencies? ; ; ;;;, ,;.. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727 - 562 -4504 Fax: 727 - 562 -4865 Wells, Wayne From: Wells, Wayne Sent: Tuesday, February 10, 2009 2:30 PM To: 'Ryan Oliver' Cc: Delk, Michael; Clayton, Gina; Tefft, Robert; Morris, William D.; Chin, Leroy Subject: 69 Bay Esplanade - Sandpearl Docks at Beach Recreation Center In Bay Esplanade Development C Ryan - I need to remind you of the requirements of the Development Order, specifically Conditions of Approval #2, 3, 4, 9 and 12 (see attached). The plans for the upland should have been submitted for construction approval through the building permit process a long time ago (prior to the Planning Department signoff on the Pinellas County permit, which never occurred). Additionally, based on the information you submitted to me by letter dated October 8, 2008, I do not find compliance with Condition of Approval #8. Pinellas County also required the submission of a hurricane plan. Please submit a copy of such hurricane plan for the marina. Please advise as to how (and when) you intend to comply with these specific Conditions of Approval in the Development Order under FLD 2007 - 02003. Wayne - - - -- Original Message---- - From: Ryan Oliver [mailto:Ryan.Oliver @Delta- Seven.com] Sent: Tuesday, February 10, 2009 2:01 PM To: Wells, Wayne Subject: Re: 69 Bay Esplanade - Sandpearl Docks at Beach Recreation Center Wayne - I am currently waiting on the folks at Sand Pearl to make a determination as to the contractor for construction. They have informed me this should happen soon and we expect to go to construction shortly thereafter. I will keep you posted as soon as I hear more. Thanks, Ryan Wayne.Wells @myClearwater.com wrote: > Ryan - > Could you please update me soon? • Wayne M. Wells, AICP • Planner III • City of Clearwater • 100 South Myrtle Avenue • Clearwater, FL 33756 -5520 • Phone: 727 - 562 -4504 • Fax: 727 - 562 -4865 with the status of these docks? Is it to begin construction 1 r 1/( Q ra Ryan Oliver Biologist /Project Manager Delta Seven, Inc Ryan.Oliver@Delta- Seven.com PH 727 - 823 -2443 FAX 727 - 550 -2513 WWW.Delta- Seven.com F� • A. s� TM • Delta 5tv&o., TM General Environmental Consulting, P.O. Box 3241 Ph: 727 - 823 -2443 Postoffice @Delta - Seven.com St. Petersburg, FL 33731 Fx: 727 -550 -2513 . www.Delta- Seven.com November 30, 2007 City of Clearwater Planning Department C/O Wayne Wells 100 S. Myrtle Avenue Clearwater, Florida 33756 RE: Clearwater Recreation Center Docking Facility FLD2007 -02003 -- 69 Bay Esplanade Dear Wayne: This letter and the enclosed drawings are being provided per the request of Mr. Neil Thompson. I spoke with Mt. Thompson during your absence in early November regarding minor modifications that have been made to the design plan for the above referenced project. At the request of the National Marine Fisheries Service (NMFS), the applicant has agreed to make following changes to the design plan in order to further protect he natural resources present on the site: Slips 14 and 15 of the public access slips (those slips most eastern in the design plan) will be rotated 90 degrees so that ingressing and egressing vessels will not potentially enter the seagrass bed. These slips will be reduced in length from 40 feet to 38 feet 3 inches so that no additional intrusion into the waterway is necessary. The NMFS, in their review of the project has concurred with these changes and indicated as such in writing. Mr. Thompson indicated that providing the modified drawings for inclusion in the cities file of record would suffice and that no changes would need to be processed through the DRC, CDB, or City Council. Only the two enclosed drawings have been modified, no other design drawings have changed. Should you have any questions, or need additional information, please call 727 - 823 -2443. isincerel an logist _ 5 Delta Seven, Inc. € y ; DEC 39 ;._ I PLANNiNG & DEVELOPMENT i i?Y OF CLEARWATER mr-3 CORAL ati ra II,I I,IIIIIIIIIIIIIIIIIIII'llllll,I ,` � _ SLIP #16 SLIP #171-cN LIP #21 s 25' 104 SLIP #I8 y SLIP #22 I Mill 111H. "HIJ SLIP #1 . PILING---,, SLIP #19 SLIP #23 • �' • • oz • SLAP #2 SLIP #6 SLIP #10 a 15' -9' SLIP #20 o SLIP #24 15' -9" SLIP #3 ¢ SLIP #7 88' -6„ 6 SLIP #11 0' -I L ---40' -60' Os SLIP #4 SLIP #8 SLIP #12 a a p U TURBIDITY CURTAIN TO BE 15'- i 0' SLIP #13 - J15' -9' INSTALLED AROUND AREA 15' -9' SLIP #6 o SLIP 9 15' -9' DURING CONSTRUCTION + v # •1 L• L. I-40' �' APPROXIMATE LIMP OF NAVIGABLE WA'I SEAGRASS BED NO ENTRY SIGN ADDITIONAL TURBIDITY CURTAIN TO BE INSTALLED AROUND SEAGRASS BEDS DURING CONSTRUCTION APPROXIMATE 25% OF THE WATERWAY LINE REUBEN CLARSON, P.E. FL. P.E. No.] 6313 WATERLINE CONSTRUCTION REUBEN CLARSON CONSULTING, INC p�.]ij/ l4ZV DATE: 11/06/2007 FILE: WATERLINE CONSTRUCTION, INC. �%ATERLIN� 4408 Grady Ave. N Tampa FL 33814 P C /eorwater Recreation Center CO DELTA SEVEN, INC. P.O.Box321+ s. �+a,a 3373, sc4[E =50' PROJECT NUMBER CADD FILE -� CONSTRUCTION, INC. 813 -808 -1877 F. : (727)650-2531 3 5 05 r 29, R 47 PAGE 1 OF 0 Pages PROPOSED NEW SLIPS: 8 WET SLIPS FOR BOATS LESS THAN 26' 9 BOAT LIFTS FOR BOATS LESS THAN 30' 2 WET SLIPS FOR BOATS LESS THAN 38' 4 BOAT LIFTS FOR BOATS LESS THAN 38' 16 WET SLIPS FOR BOATS LESS THAN 40' 3 DAY SLIPS TOTAL 42 SLIPS } MANATEE SIGNS NOTES: 1. NO FUELING, PUMP -OUT OR FISH CLEANING FACILITIES ARE PROPOSED FOR THIS PROJECT 2.TOTAL DECK AREA: 11,343.00 SF. - SEAGRASS MANGROVES �t LOCKED GA 8� i /r' :�' 11 EXISTING SEAWALL 11 II / ILII -___ II APPROXIMATE II 25% OF THE II WATERWAY LINE -PL_ _PL_ —rL i�- —PI— —n— —n— —n— —n— II RIPARIAN LINE +/- II 11 3 DAY SLIPS 78' -7" SEA GRASS APPROXIMATE NON - CORALLIN LIVE BOTTOM EXISTING DOCK APPROXIMATE LIMITS OF NAVIGABLE WATER �1 SLIP #10 14' -;, REUBEN CLARSON, P.E. I) 1 12'-6" _. -- HANDRAIL _ SLIP #5 SLIP 1fATERLINE CONSTRUCTION II REUBEN CLARSON CONSULTING, INC, _SIP #6 FILE: WATERLINE CONSTRUCTION, INC. WATERLINE 4408 Grady Ave. N Tama FL 33814 P C /eorwoter Recreation Center . �__.. SLIP 412 CADD FILE 30' -- 12 -6 "P 813- 808 -1977 Fex: izij.20 11 / / PAGE ! OF 0 Pages SLIP #1_:. 101 -6 ,I 7 Y_. � P _ SLI .,= - -" _SLIP #8 i#13 60' -6" Et 15 -9 SLIP #14 SUP SLH' #9 _#3 .._......_ 30' 38' SLIP #15 o 0 SLIP #4 : S3'(1YP) w HANDRAIL U '(TYP) SEAGRASS BED NO ENTRY SIGN BOARDWALK 91' -6" A EXISTING DOCK APPROXIMATE LIMITS OF NAVIGABLE WATER �1 REUBEN CLARSON, P.E. FL. P.E. No. 16313 1fATERLINE CONSTRUCTION REUBEN CLARSON CONSULTING, INC, yE� DATE: 11/06/2007 FILE: WATERLINE CONSTRUCTION, INC. WATERLINE 4408 Grady Ave. N Tama FL 33814 P C /eorwoter Recreation Center C/O DELTA SEVEN, INC. St. Po x3241 St. Petersburg FL 33731 S�� ' � �• PROJECT NUMBER CADD FILE CONSTRUCTION, INC. 813- 808 -1977 Fex: izij.20 S 05 T 2R R 1S PAGE ! OF 0 Pages FWells, Wayne From: Ryan. Oliver. [Ryan.Oliver @Delta - Seven.com] Sent: Friday, August 22, 2008 3:07 PM To: Wells, Wayne Subject: Clearwater Recreation Center Wayne- We are nearly done with the permitting process.for the Recreation Center. docks and are. working towards selecting contractors.for the construction of the docks, fire risers, sidewalks,. etc. While reviewing the Development Agreement, Flexible Development. agreement,. etc.. I. noted a comment about having to obtain building permits within a year of. the FDA approval or seeking. an extension. Due to. the duration of. the. review process with the Corps of Engineers. we are. now beyond one year since. the CDB reviewed the project. How do we obtain an extension to the. time line for obtaining the building permit ?. I would envision that we will have contractors. determined within the next couple of months. at which time they will seek said permit. I will be providing you with all non -city permits. and their associated documents as soon as the Corps permit arrives in the mail,.per your request for the City's records. Sincerely, Ryan Ryan Oliver Biologist /Project Manager Delta Seven, Inc Ryan.Oliver @Delta- Seven.com PH 727 - 823 -2443 FAX 727 - 550 -2513 WWW.Delta- Seven.com 1 V) 0 • Wells, Wayne From: Tom Cuba [tom.cuba @delta - seven.com] Sent: Monday, April 28, 2008.2:05 PM To: Wells, Wayne Cc: Morris, William D.; Thompson, Neil; Ryan.Oliver @Delta - Seven.com; Chin, Leroy; Delk, . Michael; Clayton, Gina Subject: Re: Clearwater Recreation. Center Docking Facility Thanks. Wayne, I will get you the copy and make every attempt to adhere to the procedure in future efforts. Tom Thomas R. Cuba, Ph.D., CEP, CLM President, Delta Seven Inc. http: / /www.delta- seven.com 727 - 823 -2443 1 Wells, Wayne From: Wells, Wayne Sent: Monday, April 28, 2008.1:55. PM To: 'Tom Cuba' Cc: Morris, William. D.; Thompson, Neil; Ryan.Oliver @Delta - Seven.com; Chin, Leroy; Delk, . Michael; Clayton, Gina Subject: RE: Clearwater Recreation. Center Docking. Facility Tom - 1. Permits are applied for many times by owners /consultants where a contractor has not been chosen /awarded the bid for construction. The contractor can be added later to the building permit. 2. The purpose behind requiring submission of the upland permit prior to the signoff on the County permit is due to the City not issuing a permit for or inspecting the construction of the dock. This only occurs when there is no upland construction project (such as the construction of a new residential condominium or townhome project or a new hotel /motel). There has to be some procedural tie -back and this has been the procedure adopted by the City. 3. When sending the copy of the form, placard, and permit number, please also send to me the attachments to the form. While you assure me they are the same as approved through the FLD process, submission of the documentation and verification of such "sameness" is done by City staff and a record of what was signed off is kept in our records. All other dock consultants have submitted such information, even if it is the same as that approved through the FLD process, prior to submission to the County for their permit. We also enter such information into our computer to create an identifying "Miscellaneous" permit number for the County permit application and our signoff on such. Wayne - - - -- Original Message---- - From: Tom Cuba (mailto:tom.cuba @delta - seven.com] Sent: Monday, April 28, 2008 11:32 AM To: Wells, Wayne Cc: Morris, William D.; Thompson, Neil; Ryan.Oliver @Delta - Seven.com; Chin, Leroy; Delk, Michael; Clayton, Gina Subject: Re: Clearwater Recreation Center Docking Facility Wayne, Thank you for your timely response to my note. Please rest assured that Delta Seven is not in the habit of changing plans between approvals. I do understand that the City requires building permits for upland approvals, but it is my understanding that such permits require 1. that a contractor be hired (ie someone who can apply for the permit) and 2. that the county permit be issued. I am fairly certain that the process of obtaining a city building permit will include a plan review process as well, offering additional assurance that plans have not changed in the interim. I can assure you that the contractor for the sidewalk and for the fire protection system will be a different contractor than the one selected for the dock. I also assure you that the conditions of the permit will be adhered to and that contractors will be hired in a coordinated manner, and that construction will not proceed improperly. The County has accepted the documents submitted so I believe that would constitute certainty of their level of assurance. I respect your request for the submitted documents and will send you a copy of the form, placard, and permit number. The attachments to the form are the same as those already in the City record. 1 F11 No wards have been made forenstruction at this time. Thank you again for your reply. I do understand the needs of the City to maintain continuity of permits being issued and will do my best to assist in providing that assurance. Respectfully, Tom Thomas R. Cuba, Ph.D., CEP, CLM President, Delta Seven Inc. http: / /www.delta- seven.com 727 - 823 -2443 Wayne.Wells @myClearwater.com wrote: >Tom - >The purpose of the Planning Department signoff on the plan /application being submitted to Pinellas County is to ensure the plans and information are the same as that approved by the CDB or with such Minor Revisions as permissible by the Code. The other purpose is to ensure an upland permit to construct the upland fire protection system was submitted for a building permit, as required under Condition of Approval #2 under FLD2007 -02003 and to ensure compliance with the other applicable Conditions of Approval (specifically #3, 4 and 8). A review of our computer records indicate no such upland permit for sidewalk access and fire protection system has yet to be applied for. >Based on a newspaper article, it is understood that the County has approved the docks. We would appreciate a copy of what was submitted /approved by the County for our records. Since the County has approved the docks without our signoff, it would be up to the County whether they now want our signoff for their records. Please advise as to such County signoff. >Assuming such construction of the docks are imminent or already have begun (I have not been by the site to see if construction of the docks has commenced or not), we would also appreciate if such upland permit application would be submitted to the Development Services Department for review, complying with Conditions of Approval #2, 3, 4 and 8. > Wayne >----- Original Message ----- >From: Tom Cuba [mailto:tom.cuba @delta- seven.com] >Sent: Tuesday, April 22, 2008 5:21 PM >To: Wells, Wayne >Cc: Morris, William D.; Thompson, Neil >Subject: Clearwater Recreation Center Docking Facility > Wayne, >Ryan has shared the latest series of emails regarding the interface >between County and City Approvals as embodied in the County Water and >Navigation Control Authority Permitting of docks within the City limits >of Clearwater and the County policy of assuring that the City has >approved a project prior to its being considered by the Authority. I >both understand and support your concern that the procedure is >followed. I was a bit surprised with your reference to the project >having "once again bypassed the City system" and so I decided to contact >you directly. > > Please understand that my opinion here is somewhat colored by the fact >that I penned the Authority requirement for municpal sign off when I was >the Division Administrator there so I may have a little different 2 >background and perspective Onyway, the procedure seems to Oe been >followed acceptably, with the possible exception of one detail. >To review the situation: >1. The City is in fact the applicant, so it is reasonable for the >Authority to presume that the City has at least offered a modicum of >support if not approval. >2. The City has approved the project at DRC, CDB, and City Council >levels. Of course these are public records and the latter results in a >signed Development Order. We actually submitted a copy of the > Development Order as well as a video tape of one of the approvals for >other reasons. So, it seemed to us that the Development Order signed at >the Direction of the Affirmative Vote of City Council would be >sufficient proof of municipal approval. >Ok, so, that was our understanding and, as I mentioned, we may have >missed one detail. Please let me know if an agent from the planning >department needs to sign the County application as well, thereby >verifying the signature on the Development Order. If so, we'll run a >copy over there tomorrow. >Respectfully, >Thomas R. Cuba 3 Page 1 of 4 0 0 Wells, Wayne From: Wells, Wayne Sent: Tuesday, April 22, 2008.12:05 PM To: 'Ryan Oliver' Cc: Thompson, Neil Subject: Clearwater Recreation. Center Ryan -. The City does not issue building permits to construct the docks, nor does the City inspect the docks during or at the end of construction. As such, the County procedure is. to have the City Planning sign off on the County permit prior to submitting to the County. All docks that go through the DRC. and /or CDB process must do such. Docks . that do not need DRC and /or CDB approval must be. signed off. (approved) by Planning on the County permit application prior to submitting to the County. Even applications for boat lifts go through this signoff process. All marine contractors do such.. The County apparently will not accept the application until there. is. a City signoff. Apparently this project has once again bypassed the City system and the County. has not again required our signoff on the application. Normally, the County application is submitted with all accompanying plans. Planning checks this against what the DRC or CDB approved. Wayne - - - -- Original Message---- - From: Ryan Oliver [mailto: Ryan. Oliver @Delta - Seven.com] Sent: Tuesday, April 22, 2008 11:24 AM To: Wells, Wayne Cc: Thompson, Neil Subject: Re: Clearwater Recreation Center. Wayne - Thanks for the explanation. Can you please tell me where this policy is written down? I would like to review it and make sure I am not missing anything else. What shall I submit to the City? We had submitted all of the plans, etc in order to get through DRC, CDB, and the City Council to ultimately receive the Development Order. Please advise so that I can deliver to you. Thanks, Ryan WMe.Wel.ls@myClearwater.com wrote:. Proper procedure is that the County permit application material is presented to the Planning Department for signoff prior to submission to the County. Usually, the Planning case planner for such project is the one who signs off on the County permit for continuity of review (whom is me). We enter this into our computer giving a "miscellaneous" permit number so there. is a record of such. signoff. We. also keep or make a copy of what has been signed off on the County permit.. - - - -- Original Message---- - From: Ryan Oliver [ mailto :Ryan.Oliver@Delta- Seven.com] Sent: Tuesday, April 22, 2008 9:06 AM 5/16/2008 • . Page 2 of 4 To: Wells, Wayne Subject: Re: Clearwater Recreation Center Wayne My. apologies. I guess am a little confused. In our submittal to the County, we provided the Development Order for the docks issued by the City.. The county has accepted this as part of the application and has made no indication that additional information is needed. Please advise me of what the proper process is so that I can remedy the situation and provide Planning with the appropriate signoff opportunity. Ryan WaM,)Kellq@m,yCjeanvater.com wrote: Ryan - Did you notice what I said in the first paragraph? I don't find any record that we (Planning) signed off on the County permit. So, if you are trying to get the County permit, how was it submitted to the. County without our signoff? Wayne - - - -- Original Message---- - From: Ryan Oliver fmailto :Ryan.Oliver@Delta- Seven.com] Sent: Monday, April 21,. 2008 4:54 PM To: Wells, Wayne Subject: Re: Clearwater Recreation Center Wayne- Thanks for the quick response (and good news about the D.O.) Once we submit the Hurricane plan to the county, they will issue the permit to. us. I will provide it to you upon receipt for final Planning sign off. Thanks, Ryan Wayne. Wells(cumyClearwater.com wrote: Ryan - I, too, have questions. What is the status of this project in relation to permitting? I checked both. 69 Bay Esplanade and 500 Mandalay Avenue and do not see where we (Planning) has signed off on the County application., would say incorporate the hurricane plan for the Sandpearl marina into the Sandpearl hurricane plan. Sandpearl (Gail Cooper) worked with Bill Vola, 5/16/2008 5/16/2008 Page 3 of 4 0 0 City Emergency Manager (no longer with the City),. on the hurricane plan. 1 am attaching what I think is the final hurricane plan.. This does not need to go back to City Council for the D.O. Wayne - - - -- Original Message--- - From: Ryan Oliver [mailto _Ryan.Oh r @Del a- Seven.com] Sent: Monday, April 21, 2008 4:21 PM. To: Wells, Wayne Subject: Clearwater Recreation Center Wayne- I figured I'd try to reach you via email since we seem to be playing phone tag. I have a quick question: Pinellas County is requiring a. Hurricane plan be completed for the docking facility prior to permit issuance. The applicant (City of Clearwater) has an existing hurricane plan for the city marinas and airport facilities. We intend to incorporate the new facility into that plan. The City wants the Sand Pearl resort (who is leasing some of the slips from the City) to add the marina to their own hurricane plan. The. Sand Pearl has an existing hurricane plan that was approved as part of the Development Order for the resort. We want to incorporate the marina into. this existing plan. The question that arises is whether we would need to return again to City council to. add this section to the D.O.. or if this can simply be incorporated into the plan without revisiting the D.O.? Thanks for the assistance! Ryan A,-, 0 0 Page 4 of 4 �y , �Ru.,Ohv-er Bi,olbgist Naiiial Aieaweedtkanager PI rofe FyAn0liveQD,e,1ta7Seven.00m 727=823`- 2.443 -phone 722312443-phoii 727-550=2513 fax lItti a-seven. c om, gy-an.,Oliver Biologist 1, , gi, Nai , i , i�i , �VeaWeedManager oft Ss' m RI Mangrcve,.Tru'mer. RyanOliveO_,Delia -8 even. .00ra 727423-2443Thom 721-350-251Ifax ht pAti v.xielta-seven'.co'm Ryan Oliver Biologist N attial, Are a Weed Manager Professional Mangrove"Trimmer Dclta S,�yem� . I1m Ryan0livet@De1:taZ ' even.00m 727 -823 -2443 phone' 721-550-2513fax. httpllw ww. delta- seven. c om 5/16/2008 • .F :- ITS' OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562 -4865 PLANNING DEPARTMENT July 18, 2007 E. D. Armstrong III, Esq. Johnson, Pope, Bokor, Ruppel & Burns, LLP P.O. Box 1368 Clearwater, FL 33757 RE: Development Order - Case FLD2007 -02003 69 Bay Esplanade Dear Mr. Armstrong: This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the Community Development Code. On July 17, 2007, the Community Development Board reviewed your request for Flexible Development approval to permit in the submerged lands adjacent to the Clearwater Beach Recreation Center a 42 -slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) of 11,343 square feet with a deviation to allow the docks and tie poles to exceed the 25 percent of the width of the waterway and a reduction to required parking from 24 to zero spaces, under the provisions of Sections 2- 1502.A, 3- 601.C.3 and 3 -603. The Community Development Board (CDB) APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: Findings of Fact: 1. That the 4.26 acres is located at the southeast corner of the intersection of Mandalay Avenue and Bay Esplanade; 2. That the site is currently developed with the Clearwater Beach Recreation Center, with a recreation building on the east with basketball courts, pool and tennis courts on the west and a parking lot between; 3. That on January 20, 2005, City Council approved Development Agreement Case No. DVA2004- 00005 in conjunction with Case No. FLD2004 -09068 for the property at 470 and 500 Mandalay Avenue and 11 Baymont Street to construct the Sandpearl project, a mixed use (overnight accommodation units, attached dwellings and retail sales and services). A portion of the adopted Development Agreement included the establishment of a maximum of 57 boat slips in the submerged lands adjacent to the Clearwater Beach Recreation Center; 4. That the site has approximately 1,024 feet of waterfront frontage on Clearwater Harbor; 5. That the development proposal consists of the construction of a 11,343 square -foot, 42 slip dock, of which 27 slips will be leased to the Sandpearl project and 15 slips will be designated to serve the public; FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" July 18, 2007 Armstrong — Page 2 6. That a companion application to amend the adopted Development Agreement to update the site plan and provisions to reflect the proposed dock design and the reduced number of slips under this application is also on the July 17, 2007, CDB agenda for recommendation to City Council (Case No. DVA2007- 00002); 7. That, while the docks are on City property and will be owned by the City, the Development Agreement allows the developer of the Sandpearl project to construct the docks at their expense; 8. That of the 27 slips to be leased to the Sandpearl project, there are three day -slips on the west side designated for use by the Sandpearl hotel that will not be leased to others; 9. That 24 of the slips are to be leased to owners, tenants and guests of the Sandpearl project, including Beach Club members and other owners and tenants that own or lease residences within the geographical area bordered on the west by the Gulf of Mexico, on the east by Clearwater Bay, on the north by Rockaway Street and on the south by Papaya Street; 10. That since slips are to be leased to individuals the docks are deemed a marina; 11. That the 15 public day slips will be open and available to the public from 5:00 am to midnight; 12. That the proposal includes a reduction to required parking from 24 to zero parking spaces for those 24 slips to be leased to owners, tenants and guests of the Sandpearl project, including Beach Club members and other owners and tenants that own or lease residences within the specified geographical area; 13. That the adopted Development Agreement and the proposed amended Development Agreement provides a shuttle service from the Sandpearl project for persons needing to access their boats in one of the leased Sandpearl slips; 14. That the proposed dock meets the required setbacks and width criteria of the Code; 15. The proposal includes a deviation to allow the length of the docks and tie poles to exceed the 25 percent of the width of the waterway by 69 feet at its maximum point; 16. That the waterway between the subject property and Belle Harbor to the south is an artificial basin that had a covered docking facility from approximately 1942 to 1973; 17. That the Belle Harbor docks, constructed in 2003, extend from their seawall 40 feet into the water; 18. That between these proposed docks and the existing Belle Harbor docks there will be a minimum navigational clearance of 77 feet at its closest location, exceeding the 50 -foot clearance recommended by the U.S. Fish and Wildlife Service and the Army Corps of Engineers; and 19. That there are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That the adopted Development Agreement between the City and Sandpearl developers, as well as the proposed amended Development Agreement for consideration on the same July 17, 2007, CDB agenda, included the establishment of boat slips in the submerged lands adjacent to the Clearwater Beach Recreation Center; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2- 1502.A of the Community Development Code (Marinas); 3. That the development proposal is consistent with the commercial dock review criteria as per Section 3- 601.C.3 of the Community Development Code; 4. That the development proposal is consistent with the marina review criteria as per Section 3 -603 of the Community Development Code; and 5. That the development proposal is consistent with the General Applicability criteria as per Section 3- 913.A of the Community Development Code. I� A$ • July 18, 2007 Armstrong — Page 3 Conditions of Approval: 1. That approval of this Flexible Development case is subject to the approval of a Development Agreement with the City (Case DVA2007- 00002); 2. That a building permit to install the fire hydrants and fire risers for the docks, acceptable to the Fire and Parks and Recreation Departments, and upland sidewalk be submitted prior to Planning Department sign -off on the County dock permit application. Prior to completion of the docks, the fire riser and upland sidewalk permit shall be finalized; 3. That the docks be handicap accessible. Compliance with this requirement shall be shown on plans prior to the issuance of any permits; 4. That, prior to the issuance of the upland building permit, the boardwalk and fire suppression system be field staked to ensure avoidance of impacts on existing trees and their root systems. In the event there are impacts with existing tree root systems, the developer shall provide a tree aeration system acceptable to the City; 5. That there be no live- aboard vessels in any of the slips, no fueling facilities and no domestic sewage pump -out facilities at this site; 6. That one or more of the public use slips may be used in the future for a City fire boat or other public purpose vessels, as provided for in the Amended Development Agreement #DVA2007- 00002; 7. That boats moored at the 24 Sandpearl Resort slips be in compliance with the Rental Agreement, as approved by City Council through the Amended Development Agreement #DVA2007- 00002; 8. That lighting be provided at the ends of the docks for night visibility; 9. That signage be permanently installed on the docks and at the entrance to the docks listing the emergency contact phone numbers for both dock tenants, the general public and local residents to report concerns of public safety and environmental protection; 10. That boat lifts shall only be permitted in the Sandpearl leased slips, in a number and location complying with the Amended Development Agreement #DVA2007- 00002; 11. That signage be permanently installed on the docks or at the entrance to the docks containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; and 12. That a copy of the SWFWMD and/or FDEP Permit and Corps of Engineer's Permit, if applicable, be submitted to the Planning Department prior to commencement of construction. Pursuant to Section 4 -407, an application for a building permit or other approvals shall be made within one year of Flexible Development approval (July 17, 2008). All required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for a period not to exceed one year and only within the original period of validity. The Community Development Board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4 -502.B by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending July 18, 2007 Armstrong — Page 4 the final determination of the case. The appeal period for your case expires on July 31, 2007 (14 days from the date of the CDB meeting). If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727 -562 -4504. You can access zoning information for parcels within the City through our website: www.myclearwater.com/ og v /depts /planning. Sincerely, Mic ae D k, Planning Director S.•IPlanning DepartmentlCD BIFLEX (FLD)IInactive or Finished ApplicationslA VENUE - BRIGHTWATERIBay Esplanade 69 Clrwtr Recreation Docks (7) - ApprovedlBay Esplanade 69 Development Order 7.18.07.doc :M1y Message Wells, Wayne From: Jayne E. Sears [JayneS @jpfirm.com] Sent: Monday, July 16, 2007 11:21 AM To: Wells, Wayne Subject: DVA2007 -00002 and FLD2007- 02003 /City /Sandpearl Boat Slips The proposed conditions of approval are acceptable. Thank you. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461 -1818 Fax: (727) 462 -0365 7/16/2007 Page 1 of 1 F/ if-, � , ;;;1.1 • Wells, Wayne LI From: Wells, Wayne Sent: Monday, July 16, 2007 7:33 AM To: Jayne Sears (E -mail) Cc: 'Ryan.Oliver @Delta- Seven.com'; Albee, Rick; Chin, Leroy Subject: FLD2007- 02003, 69 Bay Esplanade Jayne - Attached is a proposed Memorandum to the CDB regarding an amended condition of approval. Please let me know if these conditions, as amended, are acceptable. Thanks. Wayne T At Memorandum to CDB re changed c... Ve . , �i 0 MEMORANDUM TO: CDB Members FROM: Wayne M. Wells, AICP, Planner III DATE: July 13, 2007 RE: FLD2007- 02003, 69 Bay Esplanade • After some discussion with the applicant regarding the proposed Conditions of Approval, the following change is proposed to Condition #4 (deleted language shown as stfi - gh; new language underlined): Conditions of Approval: 1. That approval of this Flexible Development case is subject to the approval of a Development Agreement with the City (Case DVA2007- 00002); 2. That a building permit to install the fire hydrants and fire risers for the docks, acceptable to the Fire and Parks and Recreation Departments, and upland sidewalk be submitted prior to Planning Department sign -off on the County dock permit application. Prior to completion of the docks, the fire riser and upland sidewalk permit shall be finalized; 3. That the docks be handicap accessible. Compliance with this requirement shall be shown on plans prior to the issuance of any permits; 4. That, a tfee sui=vey, with eanepies, bey prior to the issuance of the upland building .permit, and that these tfees be sh&wn on the upland site plan to minimize eenfliets with the required fire lire and aeeess to the deel the boardwalk and fire suppression system be field staked to ensure avoidance of impacts on existing trees and their root systems. In the event there are impacts with existing tree root systems, the developer shall provide a tree aeration system acceptable to the City; 5. That there be no live- aboard vessels in any of the slips, no fueling facilities and no domestic sewage pump -out facilities at this site; 6. That one or more of the public use slips may be used in the future for a City fire boat or other public purpose vessels, as provided for in the Amended Development Agreement #DVA2007- 00002; 7. That boats moored at the 24 Sandpearl Resort slips be in compliance with the Rental Agreement, as approved by City Council through the Amended Development Agreement #DVA2007- 00002; 8. That lighting be provided at the ends of the docks for night visibility; 9. That signage be permanently installed on the docks and at the entrance to the docks listing the emergency contact phone numbers for both dock tenants, the general public and local residents to report concerns of public safety and environmental protection; 10. That boat lifts shall only be permitted in the Sandpearl leased slips, in a number and location complying with the Amended Development Agreement #DVA2007- 00002; 11. That signage be permanently installed on the docks or at the entrance to the docks containing wording warning boaters of the existence of protected sea grasses -and manatees in the vicinity; and 12. That a copy of the SWFWMD and/or FDEP Permit and Corps of Engineer's Permit, if applicable, be submitted to the Planning Department prior to commencement of construction. S: (Planning Departmen6C D BIFLEX (FLD) (Pending cases)Up for the next CDBOay Esplanade 69 Clrwtr Recreation Docks (T) - 7.17.07 CDB - WWIMemorandum to CDB re changed conditions of approval 7.13.07.doc • • Wells, Wayne From: Wells, Wayne Sent: Friday, July 13, 2007 2:45 PM To: 'Ryan.Oliver @Delta - Seven.com' Cc: Chin, Leroy; Albee, Rick; Jayne Sears (E -mail) Subject: FLD2007- 02003, 69 Bay Esplanade Ryan - I have spoken to Rick Albee regarding the wording of Condition #4 and it is his recollection that this wording of the condition reflects his agreement to delay the tree survey to the building permit stage, not any field staking in lieu of the tree survey.. Prior to my suggesting any change to Condition #4 to the CDB, I would suggest talking to Rick Albee (rick.atbee @myclearwater.com or 727 - 562 - 4741). Wayne From: Ryan Oliver [Ryan.Oliver @Delta - Seven.com] Sent: Thursday, July 12, 2007 9:26 AM To: Wells, Wayne; Chin, Leroy Cc: Jayne E. Sears Subject: FLD2007 -02003 Clearwater Recreation Center docks Gentlemen- I am in receipt of the staff report relating to the Clearwater Recreation Center docks as prepared for the July 17, 2007 CDB hearing. I refer to Conditions of Approval #4 (page 8) stating "that a tree survey, with canopies, be submitted prior to the issuance of the upland building permit... ". In a series of discussions held two weeks ago, including conversations and emails between Jayne Sears (Johnson, Pope), Tom Cuba (Delta Seven), both of you, it had been agreed upon that in lieu of a tree survey being completed, a field staking of the boardwalk and fire suppression system would occur prior to issuance of building permit to ensure that impacts to trees and their root systems would be avoided. If the city deems impacts to exist, an acceptable aeration system will be installed. This field staking condition would provide for assurance of avoidance of impacts, while not hindering the applicant with significant survey costs. Please modify the staff report condition to be consistent with the field staking agreement as opposed to the survey. Should you have any questions, please do not hesitate to contact me. Sincerely, Ryan Wells, Wayne From: Ryan Oliver [Ryan.Oliver @Delta - Seven.com] Sent: Thursday, July 12, 2007 9:26 AM To: Wells, Wayne; Chin, Leroy Cc: Jayne E. Sears Subject: FLD2007 -02003 Clearwater Recreation Center docks Gentlemen- I am in receipt of the staff report relating to the Clearwater Recreation Center docks as prepared for the July 17, 2007 CDB hearing. I refer to Conditions of Approval #4 (page 8) stating "that a tree survey, with canopies, be submitted prior to the issuance of the upland building permit... ". In a series of discussions held two weeks ago, including conversations and emails between Jayne Sears (Johnson, Pope), Tom Cuba (Delta Seven), both of you, it had been agreed upon that in lieu of a tree survey being completed, •a field staking of the boardwalk and fire suppression system would occur prior to issuance of building permit to ensure that impacts to trees and their root systems would be avoided. If the city deems impacts to exist, an acceptable aeration system will be installed. This field staking condition would provide for assurance of avoidance of impacts, while not hindering the applicant with significant survey costs. Please modify the staff report condition to be consistent with the field staking agreement as opposed to the survey. Should you have any questions, please do not hesitate to contact me. Sincerely, Ryan �l - - I I Wells, Wayne From: Chin, Leroy Sent: Friday, July 13, 2007 3:53 PM To: Wells, Wayne; 'Ryan.Oliver @Delta - Seven.com' Cc: Albee, Rick; 'Jayne Sears (E- mail)' Subject: RE: FLD2007- 02003, 69 Bay Esplanade Rick Albee and I have had a discussion about wording of condition #4 about the tree survey this afternoon. He is on board to work this out in the field as worded in my condition about location of sidewalk and aeration system or boardwalk over the existing root system of impacted trees. Thanks to everyone in working out the issues in moving this project forward. Leroy Chin - - - -- Original Message---- - From: Wells, Wayne Sent: Friday, July 13, 2007 2:45 PM To: 'Ryan.Oliver @Delta - Seven.com' Cc: Chin, Leroy; Albee, Rick; Jayne Sears (E -mail) Subject: FLD2007- 02003, 69 Bay Esplanade Ryan - I have spoken to Rick Albee regarding the wording of Condition #4 and it is his recollection that this wording of the condition reflects his agreement to delay the tree survey to the building permit stage, not any field staking in lieu of the tree survey. Prior to my suggesting any change to Condition #4 to the CDB, I would suggest talking to Rick Albee (rick.albee @myclearwater.com or 727 - 562 - 4741). Wayne From: Ryan Oliver [Ryan.Oliver @Delta - Seven.com] Sent: Thursday, July 12, 2007 9:26 AM To: Wells, Wayne; Chin, Leroy Cc: Jayne E. Sears Subject: FLD2007 -02003 Clearwater Recreation Center docks Gentlemen- I am in receipt of the staff report relating to the Clearwater. Recreation Center docks as prepared for the July 17, 2007 CDB hearing. I refer to Conditions of Approval #4 (page 8) stating "that a tree survey, with canopies, be submitted prior to the issuance of the upland building permit... ". In a series of discussions held two weeks ago, including conversations and emails between Jayne Sears (Johnson, Pope), Tom Cuba (Delta Seven), both of you, it had been agreed upon that in lieu of a tree survey being completed, a field staking of the boardwalk and fire suppression system would occur prior to issuance of building permit to ensure that impacts to trees and their root systems would be avoided. If the city deems impacts to exist, an acceptable aeration system will be installed. This field staking condition would provide for assurance of avoidance of impacts, while not hindering the applicant with significant survey costs. Please modify the staff report condition to be consistent with the field staking agreement as opposed to the survey. Should you have any questions, please do not hesitate to contact me. Sincerely, 1 Wells, Wayne From: Wells, Wayne Sent: Thursday, July 12, 2007 9:26 AM To: Jayne Sears (E -mail) Subject: FLD2007- 02003, 69 Bay Esplanade Jayne - You have been provided a copy of the Staff Report for the above referenced FLD project. Please let me know by 10:00 am on Monday, July 16, 2007, if the conditions of approval are acceptable or not. You have also been provided a copy of the Staff Report for the proposed amended Development Agreement. Wayne Wells, Wayne From: Wells, Wayne Sent: Thursday, June 28, 2007 4:05 PM To: Jayne Sears (E -mail) Subject: FLD2007- 02003, 69 Bay Esplanade & DVA2007- 00002, 470 & 500 Mandalay Avenue & 11 Baymont Street Jayne - Attached are letters regarding the scheduling of the above cases for the CDB. The original letters are being mailed. The DVA is also being scheduled for the August 14, 2007, City Council meeting. We will need to talk about the FLD case and revise some of the application materials. Wayne !6 � Bay Esplanade 69 Mandalay 500 CDB CDB Letter.do... Letter.doc _,QBB® PLANNING DEPARTMENT CITY OF C LEARWATE R POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748, MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CI EARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAx (727) 562 -4865 June 26, 2007 E. D. Armstrong III, Esq. Johnson, Pope, Bokor, Ruppel & Burns, LLP P.O. Box 1368 Clearwater, FL 33757 Re: Community Development Board Meeting (Case No. FLD2007- 02003) Dear Mr. Armstrong: You have filed Case No. FLD2007 -02003 for property located at 69 Bay Esplanade for Flexible Development approval to permit in the submerged lands adjacent to the Clearwater Beach Recreation Center a 42 -slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) of 11,343 square feet with a deviation to allow the docks and tie poles to exceed the 25 percent of the width of the waterway and a reduction to required parking from 24 to zero spaces, under the provisions of Sections 2- 1502.A, 3- 601.C.3 and 3 -603. This case has been scheduled to be reviewed by the Community Development Board on July 17, 2007. The meeting will take place at 1:00 p.m. in the City Council Chambers, P floor of City Hall at 112 S. Osceola Avenue, Clearwater. If you have any questions, please do not hesitate to call me at 727 - 5624504. Sincerely, Wayn�gM. Wells, AICP Planner III S: (Planning DepartmentIC D BIFLEX (FLD)Wending cases)Up for the next CDBIBay Esplanade 69 Clrwir Recreation Docks (T) - 7.17.07 CDB - WWIBay Esplanade 69 CDB Letter.doc FRANK HIBBARD, MAYOR JOHN KORAN, COUNCILMEMBER I.B. JOHNSON, COUNCILMEMBER BmL JONSON, COUNCILMEMBER CARLEN A. PF,TERSEN, COUNCILMEMBER ,` RESPONSES TO COMMENTS — 617/07 FLD2007 -02003 69 Bay Esplanade GENERAL ENGINEERING: Comment No. 1: General Note: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application for utility connection(s) and upland construction. Response No. 1: ENVIRONMENTAL: ORIGINAL RECEIVED .SUN 18 2007 pLA,NNiNG DEFKIRTWIEN1 CITY OF CLEARWATEP Acknowledged. COMMENTS ACKNOWLEDGED 4/03/07 Please submit the following information prior to issuance of a building permit: 1. Acknowledge a mitigation area is existing on the north shoreline at the west end of the Recreation Center parking lot. 2. Provide other agency comments as applicable during permitting. 3. Provide copies of permits from all applicable agencies and submerged land lease prior to commencement of construction. Comment 1: 5125/07 - RECEIVED RESPONSES TO ABOVE REFERENCED COMMENTS. PLEASE PROVIDE A COPY OF THE PINELLAS COUNTY PERMIT AND ARMY CORPS OF ENGINEERS PERMIT WHEN ISSUED. Response No. 1: Permits from Pinellas County and Army Corps of Engineers will be provided upon receipt. FIRE: Comment No. 1: Provide acknowledgment that NFPA 303 will be adhered to at time of permitting for fire protection of docks. PRIOR TO CDB. Response No. 1 HARBOR MASTER: 0 4/4/07 - Plan that was submitted storz connection and must be a 2 taken care of at permit stage. Acknowledged. • is sufficient. Plan shows 1/2" Siamese. This will be Comment No. 1: 1 have reviewed the revised plans and appreciate the sensitivity shown to the concerns of the adjacent properties. The revised plan contains fewer boat slips than the original plan and places the larger slips and most frequently used "public slips" on the eastern end of the facility to minimize the impact on both the basin and the neighboring residences. I do have three concerns, One is the management of the smaller most westward day dock with 3 "day slips ". These ORIGINAL slips are in an area where the city has traditionally had a RECEIVED public access dock and there may be numerous occasions JUN 18 2007 when this dock is attempted to be occupied by the general public, particularly weekends and after hours. The second pLANNiNGDEFARTMENT is the policing of the docks that are accessible from. CITY OFCLEARWATER "behind" if a vessel turns a blind eye toward the "Sea Grass Bed No Entry Sign." The third is the location of the signage and wording for hours of access for the public use docks. (Bill Morris) Response No. 2: The Developer will post signs including dock hours and contact telephone numbers for use of the boaters. The 3 day slips will be posted as private and will be gated at the upland connection to prohibit access. Please see the dock drawings as to areas to be posted for no entry. LEGAL: No issues. LAND RESOURCES: Comment No. 1: If water and electric are proposed, submit a tree survey along the corridor where these utilities.will be run. Submit prior to CDB. Response No. 1: Per discussion at DRC, an additional plan is included with this resubmittal for review by Land Resources. The plan shows the location of the palm trees in relation to construction plans. Please advise if this plan will suffice in lieu -of a tree survey. 2 OPIGINAL RECEIVED LANDSCAPING: 182007 No issues. PLANNiNG DE ARTMENT CITY OF CLEARWATER PARKS & RECREATION: Comment No. 1: No issues on P &R impact fees — commercial boat docks. Comment No. 2: The plan provided it is difficult to determine the potential impact to the Park and Recreation property on the plan provided. We request a large scale plan to determine impact to the landscaping (mainly palm), irrigation system, lighting system of the proposed routing of the fire line and fire hydrant. (Contact Leroy Chin 562 -4856) Response No. 2: Large scale copies of the dock and fire line plans are included with this resubmittal, as well as a new plan showing the location of the existing palm trees in relation to construction plans.. Comment No. 3: Our assumption also if the plant material in the park will be replaced in like condition when the work is completed. (Contact Leroy Chin 562 -4856) Response No. 3: It is not anticipated that the construction will harm any existing plants at the recreation center; however, should this occur, any impacted plant material will be replaced with like material upon completion of construction. Comment No. 4: Concern as to what determine the pedestrian access to the docks. Is this the best location? (Contact Leroy Chin 562 - 4856) Response No. 4: Due to the natural resources present on the site, as well as the location of existing sidewalks and parking lot, the walkouts are located so as to avoid impacts. Relocation of the walkouts or existing sidewalks would result in undesired impacts to the natural resource community on site. This is discussed in detail in the Avoidance and Minimization Report, dated January, 2006, prepared by Thomas R. Cuba, Delta Seven, Inc. ('Report") which was submitted with the original application and has been included with each resubmittal. Comment No. 5: Will the proposed fire line be directional bore or an open trench. (Contact Leroy Chin 562 -4856) Response No. 5: This will be at the discretion of the contractor. The contractor will be chosen upon receipt of all permits. The contractor will 3 determine the best construction methodology based on the least level of impact. Comment No. 6: How will they construct the boat slips from the parking lot or park property. (Contact Leroy Chin 562 -4856) Response No. 6: Construction activities will primarily occur from a mobile barge located in the basin. Construction materials will be delivered to the site via truck and loaded onto the barge at the existing boat ramp. Construction activities will continue from the barge. Comment No. 7: Where will their lay down area and construction office be located. (Contact Leroy Chin 562 -4856) Response No. 7: No construction office will be present at the site. Materials will be brought to the site on an as needed basis and transferred to a barge at the public access boat ramp just north of the site. Comment No. 8: Need tree survey by a certified arborist showing exact location of each tree and where the mangroves are located. (Contact Leroy Chin 562 -4856) Response No. 8: Mangrove locations are shown in submitted aerials and are discussed in the Report. A plan showing the location of existing palm trees in relation to construction plans is included with this resubmittal. Comment No. 9: Also our concern is we think the mangroves are larger than actually shown on aerial. When was this aerial taken 2000? (Contact Leroy Chin 562 -4856) Response No. 9: Submitted aerials include aerial photographs taken from 2002- 2006. The 2006 Pinellas County aerials flown in January/February 2006 are enclosed-for reference. Mangroves have increased minimally in size over the past few years. However, the general footprint of the mangroves remains such that they will not be impacted by the placement of the docking facility walkouts.. Comment No. 10: Private developers cannot utilize public property for utilities for private developments. Response No. 10: This project is a City of Clearwater docking facility and therefore is not subject to constraints of use on public utilities by private developers. OPIGINAL RECEIVED STORM WATER CONDITION: 'UN 18 2007 4 PIANNiNG DEFARTIVIENT CITY OF CLEARWATER COMMENTS ACKNOWLEDGED 4/05/07 Prior to issuance of a building permit applicant shall: Comment No. 1: Show on construction plans how flume on the southwest end of parking lot will or will not be impacted by marina construction. Response No. 1: Acknowledged. The project will not impact the stormwater flume as no construction will occur on the uplands. SOLID WASTE: No issues. ORIGINAL RECEIVED TRAFFIC ENGINEERING: No issues. PLANNING: 3/28/07 - WW q�l 8 2007 PLANNiNG DEFARTIMENT CITY OIL CLEARWATER Comment No. 1: Docks also need to be handicap accessible. Show on plans how this is being accomplished. Also need to address how the proposed sidewalk access affects on -site drainage swale and landscaping (trees). Response: Additional plan drawings will be submitted prior to CDB showing the proposed grading to be completed in order to connect the sidewalks to the docking facility walkouts to provide handicap access. The proposed changes will not result in a change to the footprint of the existing sidewalks and therefore will not affect landscaping and drainage issues at the site. 3/2/07 - WW b. The response letter talked about the mangroves and where access walkways could be placed in relation to the mangroves. This does not respond to my question below. Need to provide a plan as to what is requested below and provide written material that provides any information the plans cannot show. 2/6/07 — WW The application material (site plans and written material) does not indicate where the proposed docks tie into any sidewalks or decks at the Recreation Center, showing the relationship to public parking at the Recreation Center, does not show the relationship to the Sandpearl 5 • 11 project and how residents or guests of Sandpearl accesses these docks nor does it address fire protection requirements (fire hydrants or fire risers) for these docks. Provide site plans that address these issues. Comment No. 2: 5/29/07 & 3/28/07 — WW Potential condition of approval to be included in the staff report: That there be no live- aboard vessels in any of the slips, no fueling facilities and no domestic sewage pump - out facilities at this site; Response No. 2: The applicant has agreed to the condition prohibiting live aboard vessels, fueling facilities, and pump out facilities as a condition of the SWFWMD permit. This condition will also apply to approval from the City. Comment No. 3: 5/29/07 - WW Please include the information in the Planning Response #7 submitted May 4, 2007, into Exhibit "B" (some information has been included; other information not). Response: Please see revised Exhibit "B" included with this resubmittal. 3/38/07 - WW ORIGINAL. Application is unclear as to the use of the 15 slips under RECEIVED control by the City. Are these slips to be sold or leased by JU!IN 18 2007 the City to tenants or will it be solely for daytime use? How will such be controlled? Will there be an attendant to PL4t4I Il`GDEFARTMENT monitor use of the slips? Part of this question is to CITY CE CLEARWATER determine whether this the City's portion is a commercial dock or a marina (where slips are sold or leased) for case advertising purposes. Comment No. 4: 5/29/07 & 3/28/07 - WW Potential condition of approval to be included in the staff report: That one of the public use slips may be used in the future for a City fire boat; Response No. 4: Acknowledged. Comment No. 5:. 5/29/07 & 3/28/07 — WW Potential condition of approval to be included in the staff report: That use of the hotel -use slips be for exclusive use for the mooring of boats by guests of the hotel at 500 Response No.5: Comment No. 6: Response Comment No. 7: Response No. 7 • • Mandalay Avenue and that the hotel -use slips are not permitted to be rented, leased or sold separately from use by guests of the hotel; This condition is acceptable as to the 3 day slips which are designated for hotel use only. 5/29/07 - WW Revised potential condition of approval to be included in the staff report: That boats moored at the 24 Sandpearl Resort slips be in compliance with the Rental Agreement, as approved by the City Council through the Amended Development Agreement #DVA2007- 00002; Acknowledged and acceptable. 5/29/07 & 3/28/07 - WW Potential condition of approval to be included in the staff report: That a building permit to install the fire risers for the docks and upland sidewalk be submitted prior to Planning Department sign -off on the County dock permit application. Prior to completion of the docks, the fire riser and upland sidewalk permit shall be finalized; Acknowledged and acceptable. 7 OPIGINX RECEIVED JUN 18 2007 PLANNiNG DEFARVVIENT CITY OF CLEARWATER Comment No. 8: Response: Response: Comment No. 9: Response No. 9: 5/29/07 — WW Response on May 4, 2007, is unclear. Do you mean that the Access Walkway #2 will be constructed as part of the dock and will be of wood construction? Response refers to revised grading (assumed of the upland area) of the existing sidewalk for handicap accessibility will be done after the construction of the docks. Unclear of what grading of the existing sidewalk is referred to, much less who is constructing such regarded sidewalk. Also unclear is how any regarding will affect the existing drainage swale on the upland. Advise /revise. Yes, access walkway #2 will be constructed as part of the dock and will be wood construction. 3/28/07 — WW Potential condition of approval to be included in the staff report: That sidewalk access be provided on the upland to the dock, which must be handicap accessible. A building permit for the sidewalk construction shall be submitted prior to Planning Department sign -off on the County dock permit application. Prior to completion of the docks, the sidewalks permit shall be finalized. Acknowledged and acceptable. 5/29/07 & 3/28/07 - WW Potential condition of approval to be included in the staff report: That signage be permanently installed on the docks or at the entrance to the docks containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; Acknowledged and acceptable the SWFWMD permit. Rl This is already a condition of ORIGINAL RECEIVED JUIJ 18 2007 PLANNiNG DEFHRilr ENT CITY OF CLEARWATER ! 0 Comment No. 10: 5/29/07 & 3/28107 - WW Potential condition of approval to be included in the staff report: That a copy of the SWFWMD and /or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. Response No. 10: This is acceptable. Please revise to remove the phrase "and proof of permission to use State submerged land, if applicable as the proposed docks are located on submerged land owned by the City. Comment No. 11: 5/2907 - WW The request is for lighting at the ends of the docks for night visibility. Per the Amended Development Agreement (DVA2007- 00002) in Section 2.03.3, the Developer is to install lighting on the docks, which would appear to be more lighting than what has been requested as a visibility /safety item. Response: Acknowledged and acceptable to add the proposed condition of approval. 3/28/07 — WW Potential condition of approval to be included in the staff report: That lighting be installed at the ends of the docks to make the docks more visible to recreational boaters, slip owners and slip owners at Belle Harbor to find their slips at night; 6/18/2007 10:23 AM 40900.101407 #401671 v2 - Sandpearl /Docks /Responses to Comments 61 ORIGINAL RECEIVED JU-N 18 2007 CIV OF C;LEARWATE9 .0 6- Wells, Wayne From: Wells, Wayne Sent: Monday, June 04, 2007 5:04 PM To: Jayne Sears (E -mail) Cc: Akin, Pam; Dougall- Sides, Leslie Subject: FLD2007- 02003, 69 Bay Esplanade Jayne - Attached is the Draft DRC comments for the above referenced case, to be heard at 1:25 pm on Thursday, June 7, 2007. Wayne draft 6.7.07 dre action agenda... Wells, Wayne From: Wells, Wayne Sent: Thursday, May 10, 2007 5:07 PM To: Jayne Sears (E -mail) Subject: FLD2007- 02003, 69 Bay Esplanade Jayne - The above referenced application is being scheduled for review for sufficiency by the DRC on June 7, 2007. Wayne RESPONSES TO COMMENTS FLD2007 -02003 69 Bay Esplanade « r MAY 04 2007 GENERAL ENGINEERING: PL4Nt4NG DEpARiI1flENT Cfly OF CLEMWATEp Prior to issuance of a Building Permit: Comment No. 1: Applicant shall show on the plan how water is to be provided for any proposed /required fire protection system. General Note: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Response No. 1: See the Fire Line Construction Plans prepared by Gaylor Engineering. ENVIRONMENTAL: Please submit the following information prior to issuance of a building permit: Comment No. 1: Acknowledge a mitigation area is existing on the north shoreline at the west end of the Recreation Center parking lot. Response No. 1: The applicant acknowledges that a mitigation area exists on the north shoreline at the west end of the Recreation Center parking lot. This area will not be impacted by the proposed project. Comment No. 2: Provide other agency comments as applicable during permitting. Response No. 2: See attached permit issued by SWFWMD on April 24, 2007. The applicant will provide the City with copies of Pinellas County and Army Corps of Engineers comments as received. Comment No. 3: Provide copies of permits from all applicable agencies and submerged land lease prior to commencement of construction. Response No. 3: As to permits, see Response No. 2 above. The City owns the submerged lands so there is no submerged lands lease from the State. The Rental Agreement between the City and Sandpearl will be entered into upon City Council's approval of the amended Development. Agreement (submitted with this request) and a copy will be provided to the Planning Department. FIRE: Comment No. 1: Provide acknowledgment that NFPA 303 will be adhered to at time of permitting for fire protection of docks. PRIOR TO CDB. 4/4/07 - Plan that was submitted is sufficient. Plan shows storz connection and must be a 2 1/2" Siamese. This will be taken care of at permit stage. Response No. 1: Comment noted and Fire Line Construction Plans will be revised accordingly prior to permit. Furthermore, the applicant acknowledges that all NFPA 303 requirements must be adhered to for this project. HARBOR MASTER: Comment No. 1: 1 have no objections as this item passed once before on a larger scale (it was 54 docks, it is now 42). This design is one that will be easier to permit and is palatable to the local property owners. I just want to make sure that the city gets the use of slips labeled 1 through 15 at the Eastern End and ask how the OWN - A4. Sand Pearl is going to manage the 3 day slips on the now RECWW isolated Western most dock that is no longer connected to the rest of the docks. This dock is in an area that has MAY 0 2007 traditionally been open to the public, vessels will still try to P""t4G 0,EpAR11ENT access here. I did not see any access control gates on the CV1YOFC1EARWAIER diagrams. Additionally the "public use slips" were going to have specific hours of operation and be locked /gated off. I just wanted to make sure the hours of operation were still identified as this was a major concern of the adjoining property owners at Belle Harbor. Not sure if any of this has any bearing on the DRC or not as it was not discussed in the last meeting. The 15 (under the agreement the city was to get 1/3 rd of the slips) I was told were going to be at the east end which is why the docks are numbered the way they are (1 -15) and 1- 24) plus 3 day slips. One of the 15 was to be used for a "Fireboat" the city was going to buy at some future date. But until that point, they will all be used as public slips, first come first serve. The staff at the Sand Pearl will be responsible for the docks, there were to be gates on the E docks so they could be locked and specific hours operation were designated. Response No. 2: As shown on the plans the easterly slips numbered 1 through 15 are for public use, with one slip being reserved for future docking of a City owned fire vessel. Regarding the 3 day slips on the westernmost dock, there will be a gate on the walkway access connected to these 3 slips. Signs will be posted on the slips indicating "Private." The Rental Agreement states that the public slips may not be occupied between midnight and 5:00 a.m. Gates will be locked and unlocked at these times by a Sandpearl security guard. Any vessel located in the public slips after hours is subject to citation. The users of the Sandpearl slips will have a passcode or access card to allow them to access their slips. LEGAL: No issues. LAND RESOURCES: Comment No. 1: If water and electric are proposed, submit a tree survey along the corridor where these utilities will be run. Submit prior to CDB. Response No. 1: See the Tree Plan included with this resubmittal. No trees are impacted. LANDSCAPING: Ream No issues. MAY 04 2007 PARKS & RECREATION: PLANNINGDEPARTMENI C11Y OF CLEARWATER No issues - Commercial boat docks. STORM WATER CONDITION: Prior to issuance of a building permit applicant shall: Comment No. 1: Show on construction plans how flume on the southwest end of parking lot will or will not be impacted by marina. construction. Response No. 1: The project will not impact the stormwater flume as no construction will occur on the uplands. 3 0 SOLID WASTE: No issues. TRAFFIC ENGINEERING: No issues. PLANNING: 3/28107 - WW s MAY 0 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER Comment No. 1: a. Docks also need to be handicap accessible. Show on plans how this is being accomplished. Also need to address how the proposed sidewalk access affects on- site drainage swale and landscaping (trees). Response: a. There are no specific handicap accessibility criteria for docks or marinas in the City or County. The boardwalks will be accessible for wheelchair access. The easterly boardwalk will be constructed to tie in to the parking lot at grade and will connect to the existing sidewalk. To protect structural integrity, the westerly boardwalk will not be tied to the seawall. After the westerly boardwalk is constructed, the sidewalk will be graded to the same elevation as the boardwalk. 3/2/07 - WW There is no impact to the drainage swale or landscaping as the project is designed to connect to existing sidewalk and parking facilities. b. The response letter talked about the mangroves and where access walkways could be placed in relation to the mangroves. This does not respond to my question below. Need to provide a plan as to what is requested below and provide written material that provides any information the plans cannot show. 2/6/07 — WW The application material (site plans and written material) does not indicate where the proposed docks tie into any sidewalks or decks at the Recreation Center, showing the relationship to public parking at the Recreation Center, does not show the relationship to the Sandpearl project and how residents or guests of Sandpearl accesses these docks nor does it address fire protection 4 requirements (fire hydrants or fire risers) for these docks. Provide site plans that address these issues. Response: b. See the attached aerial which depicts the tie in to existing sidewalks. See Fire Line Construction Plans prepared by Gaylor Engineering addressing fire protection. Comment No. 2: In the second paragraph of Exhibit "B" of the application, the applicant asserts that a lease has been approved by City Council for the submerged lands. After discussion with our Legal Department, a lease was approved on 12/14106, but has not been signed by Sandpearl or the City. Apparently Sandpearl wants to make some changes to the lease and it will need to go back to City Council for approval. Need to change information in this second paragraph and any other location in Exhibit "B" as appropriate as to any lease, since there is no signed lease. Response No. 2: Simultaneously with resubmittal of this application, The OR107A Sandpearl Resort, LLC and The Residences at Sandpearl RECM Resort, LLC (collectively "Sandpearl ") have submitted an �i �4 Z0�% application for amendment of the existing Development Agreement to incorporate the final Rental Agreement pertaining PLANNING DE ?ARIMENT to Sandpearl's lease of the submerged land. Exhibit "B" to the r CLEARINAI� FLD application has been revised to clarify this information. 'lTy OF Comment No. 3: It is stated in the response to General Applicability criteria #4 in Exhibit "B" that a shuttle service will be provided by the Sandpearl concierge to and from the Sandpearl portion of the docks. What type of vehicle is anticipated for this shuttle service and where will such shuttle service load /unload? Provide written material in Exhibit "B" and on all appropriate site plan sheets. Response No. 3: The shuttle service will be provided by a courtesy van or similar vehicle operated by Sandpearl concierge and will load and unload in the existing City parking lot as would a taxi. See revised Exhibit "B." Comment No. 4: The response to General Applicability criteria #6 in Exhibit "B" asserts the only adjacent upland affected by the proposed boat slips is the City's recreation center. It appears that the Belle Harbor development would also be affected, since the proposed docks are extending beyond the 25% of the waterway width. Revise response. Response No. 4: The intention was to state that the only upland access to the proposed slips is through the adjacent City Recreation Center 5 i over which the City has control. There is no navigational or upland impact to Belle Harbor. The project is well in excess of the U.S. Fish & Wildlife Service and Army Corps of Engineers' recommendations of a 50' navigable waterway. The response has been revised in Exhibit "B." Comment No. 5: The response to General Applicability criteria #6 in Exhibit "B" refers to the use of the facilities will be in accordance with the terms in the Development Agreement. Please be more specific, if at least in paraphrasing, as to the terms of the Development Agreement, so it is clear to the CDB, staff and the public what is meant by such statement. The response also refers to the "practices of the FDEP Clean Marina Program." Please provide specifics as to what is meant, so the CDB, staff and public will know what is meant by such statement. Response No.5: Please see revised Exhibit "B" for (i) a more specific description of compliance with the terms of the Development Agreement and (ii) specific components of the Clean Marina Program that will be used in the project. Comment No. 6: Potential condition of approval to be included in the staff report: That there be no live- aboard vessels in any of the slips, no fueling facilities and no domestic sewage pump -out facilities at this site. Response No. 6: The applicant agrees to this condition. Comment No. 7: Application is unclear as to the use of the 15 slips under control by the City. Are these slips to be sold or leased by the City to tenants or will it be solely for daytime use? How will such be controlled? Will there be an attendant to monitor use of the slips? Part of this question is to determine whether the City's portion is a commercial dock or a marina (where slips are sold or leased) for case advertising purposes. Response No. 7: The City slips will not be sold or leased. The Rental Agreement states that the public slips may not be occupied between midnight and 5:00 a.m. Gates will be locked and unlocked at these times by a Sandpearl security guard. There will not be an attendant at the site. Any vessel located in the public slips after hours is subject to citation. ORMINAL �CFIVFD MAY 04 2007 6 PLANNING DEPARTMEN! CITY OF CLEARNATEF • • Comment No. 8: Response to Section 3- 601.C.3.ii in Exhibit "B" indicates marinas are a Level One use in the Preservation District. All water is zoned Preservation District. Marinas are, however, related to upland development, which, in this case for the Recreation Center, is zoned Open Space /Recreation District. If this is not to be a marina, then the comment is unnecessary. Revise comment. Response No. 8: The application has been revised to specifically request approval of a marina. Exhibit "B" has been revised accordingly. Comment No. 9: Place on Sheet 1 of 6 the total square footage of dock (11,538 square feet). Response No. 9: The total square footage of the dock is 11,343 square feet, which has been noted on the revised plans. Comment No. 10: To be consistent with the way the waterfront property width was applied to the Belle Harbor project, the waterfront property width must be shown as follows: a. the waterfront property width along the south side of the property will be measured from the seawall on the west (closest to and parallel with Mandalay Avenue) to the extension of the eastern seawall extended south into the water as "x" (straight line, not following any curvature of the shoreline); and b. the waterfront property width along the east side of the property will be measured from the southern property line adjacent to Belle Harbor (perpendicular to Mandalay Avenue) extended eastward into the water to a line extended into the water from the south right -of -way line of Bay Esplanade as "y" (straight line, not following any curvature of the shoreline). (Note: "y" doesn't really have any bearing on the proposed docks, since there are no docks proposed on the east side [east of the recreation building]). Use "x" as the basis for calculation of dock setbacks and length. Response No. 10: Through discussions with Planning Staff, the parties have determined that the waterfront property width along the southerly property line should be calculated as a meandering line based on the curvature of the shoreline, which line is approximately 1,024 feet. OROM RECEM 7 MAY 0 4 2007 PLANNING t*pARTMENT Cny OF CLEARWATER Comment No. 11: Based on the waterfront property width, using "x," revise the required setback (should be around 95 feet). Therefore the western setback from the seawall closest to and parallel with Mandalay Avenue to the closest point of the proposed day slip dock should be about 143 feet. The eastern setback from a line extended south into the water from the eastern seawall (east of the recreation building) to the easternmost point of the public dock should be about 90 feet. Provide a dimension lines showing the proposed east and west setbacks. A setback reduction on the east will not be necessary since the property wraps around to the east. Revise request and all appropriate locations in Exhibit "B." Response No. 11: Based on 1,024' of frontage, the required setback is 102'. The proposed westerly setback is approximately 129'. Please see revised plans. Exhibit "B" has been revised accordingly. Comment No. 12: Revise the proposed width of the dock in Section 3- 601.C.3.h.iii in Exhibit "B." Unknown if a deviation is necessary. Response No. 12: The width of the dock may not exceed 75% of the waterfront property line or 768 feet (75% of 1,024 feet). The proposed dock is a maximum of 720 feet in width. No deviation is required. Comment No. 13: It is indicated in the response to Section 3- 601.C.3.i that handrails are to be constructed to prevent the mooring of vessels outside of designated slips. No handrails are shown on portions of the docks to prevent such mooring, such as the north side of the 3 -slip day slip on the west on Sheet 1 of 6 and on the north side of the access walkway 2 and along the east side of the common walkway north of public slip #14. Response No. 13: The handrail designation is shown on the north side of access Walkway 1, east and west of access Walkway 2 and along the north side of the entire main walkway. Comment No. 14: Unclear why Sandpearl slips 1 -13 are proposed to have boatlifts. Will these 13 slips be for the residential condominium owners? Response No. 14: These boatlifts are provided as an amenity to the slip users. It is unknown at this time as to who will use these Sandpearl slips. OtsW RECM 8 MAY 0 4 2007 PLANNING DEPARTMENT Clay OF CLEARWATER 0 • Comment No. 15: Plans submitted indicate the 15 public slips versus the 24 Sandpearl slips. It is also unclear in the application material which of the 24 slips to be used by Sandpearl will be for residents (where the slips will be rented, leased or sold to attached dwelling [condominium] tenants) versus slips for use by the hotel (which are not to be rented, leased or sold). Need to be more specific. However, there is a note on the plans for the Sandpearl slips that they are "for lease to residents, Beach Club members, local residents." This is contradictory of slips accessory to a residential condominium or a hotel. Leasing slips to Beach Club members or to local residents constitutes a Marina, which has not been requested. Additional parking is required for such. This was not the intent of that approved under the Development Agreement, per Section 5.03.10, which states under (ii) that use of the Boat Slips are limited to Project owners, tenants and guests. Beach Club members and local residents were not mentioned. Revise. Response No. 15: The request has been revised to request approval of a marina with relief from parking requirements. The definition of the "Project" in the Development Agreement includes the Beach Club. Through the proposed amendment of ORIClW the Development Agreement and final approval of the Rental REC94D Agreement requested concurrently with this application, the slips may be leased to non- Sandpearl residents and non -Beach Club s AY 04 2007 members who live within a certain geographic area, which was PLANNIN(aDEPARThAEtV' designated to be within walking distance. CRY OFCLMRWATFR The applicant is requesting relief from 12 parking spaces, which is the maximum number of spaces that would be required assuming that all 24 Sandpearl slips are leased; however, it is possible that some of these slips will be used by the hotel. Comment No. 16: Application material needs to provide operational characteristics of these docks, such as, but not limited to, where any restricting gates are located, who will close gates, hours of operation, whether there will be any attendants, trash pickup, maintenance, lighting, etc. Response No. 16: See the revised dock plans which depict the gate locations. There will be no attendant on site. Sandpearl security guards will lock and unlock the gates. The Rental Agreement provides N • for Sandpearl to handle all maintenance and trash pick -up. Exhibit "B" to the application has been revised to include this information. As to lighting, refer to Comment No. 24. Comment No. 17: Potential condition of approval to be included in the staff report: That one of the public use slips may be used in the future for a City fire boat. Response No. 17: This condition is acceptable to the applicant. Comment No. 18: Potential condition of approval to be included in the staff report: That use of the hotel -use slips be for exclusive use for the mooring of boats by guests of the hotel at 500 Mandalay Avenue and that the hotel -use slips are not permitted to be rented, leased or sold separately from use by guests of the hotel. Response No. 18: At this time it is unknown which of the 24 slips will be for hotel use. The 3 day slips are for hotel use but could potentially be occupied by a boat owned by the hotel. Therefore, this condition is not acceptable as currently drafted. ment No. 19: Potential condition of approval to be included in the staff RECEM report: MAY 04 2007 That boats moored at the Sandpearl residential condominium -use slips be for the exclusive use by the PLANNING DEPARTMENT residents and /or guests of the Sandpearl residential CfiYOFCLtARWATEff condominiums and not be permitted to be sub - leased separately from the Sandpearl residential condominiums. Response No. 19: The Rental Agreement specifically describes the use of the slips, which may include residents within a particular geographic area that are not Sandpearl residents and /or Beach Club members. This condition is not acceptable and it may no longer be necessary since the request has been revised to request a marina with relief from parking requirements. Comment No. 20: Potential condition of approval to be included in the staff report: That a building permit to install the fire risers for the docks be submitted prior to Planning Department sign -off on the 10 0 0 County dock permit application. Prior to completion of the docks, the fire riser permit shall be finalized. Response No. 20: This condition is acceptable. Comment No. 21: Potential condition of approval to be included in the staff report: That sidewalk access be provided on the upland to the dock, which must be handicap accessible. A building permit for the sidewalk construction shall be submitted prior to Planning Department sign -off on the County dock permit application. Prior to completion of the docks, the sidewalks permit shall be finalized. Response No. 21: This condition is not acceptable because no sidewalk construction is required. Revised grading of the existing sidewalk for handicap accessibility will be done after the docks are constructed. Comment No. 22: Potential condition of approval to be included in the staff report: That signage be permanently installed on the docks or at the entrance to the docks containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity. Response No. 22: This condition is acceptable to the applicant. Manatee signs are a requirement of SWFWMD and will be installed, in addition to educational signs on the docks. See the plans for proposed location of signs in the water. CoNo. 23: Potential condition of approval to be included in the staff RM94M report: IAAY 04 20Q7 That a copy of the SWFWMD and /or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State p"t4INGt*FARIM941 submerged land, if applicable, be submitted to the Planning C" AF CLEk"FITF Department prior to commencement of construction. Response No. 23: Nothing is required from the State with regard to the submerged land. Other permits will be provided. Comment No. 24: Potential condition of approval to be included in the staff report: 11 0 That lighting be installed at the ends of the docks to make the docks more visible to recreational boaters, slip owners and slip owners at Belle Harbor to find their slips at night. Response No. 24: The applicant does not propose to install lighting on the docks. 5/4/2007 10:36 AM 40900.101407 #401671 v1 - Sandpearl /Docks /Responses to Comments e' MAY 0 4 2007 PLANNING DEPARTIVIENi CITY OF CLEARWATER 12 Message � � Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Thursday, May 03, 2007 9:14 AM To: 'Jayne E. Sears' Subject: RE: Sandpearl Probably, technically, you should have the list. - - - -- Original Message---- - From: Jayne E. Sears [mailto:JayneS @jpfirm.com] Sent: Thursday, May 03, 2007 8:52 AM To: Wells, Wayne Subject: Sandpearl When I submit the development agreement amendment tomorrow - I have a signed development agreement application and a check for $500. Do I need to include the list of property owners within 200'? 1 just noticed that on dev. agt. app. I can get it from the property appraiser if you need it. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461 -1818 Fax: (727) 462 -0365 5/3/2007 • JOHNSON, POPE, BOKOR, RUPPEL & ATTORNEYS AND COUNSELLORS AT E. D. ARMSTRONG Ill BRUCE H. BOK.OR JOHN R. BONNER, SR.* GUY M. BURNS JONATHAN S. COLEMAN MICHAEL T. CRONIN ELIZABETH J. DANIELS BECKY FERRELL -ANTON COLLEEN M. FLYNN RYAN C. GRIFFIN Via Hand Delivery MARION HALE REBECCA L. HEIST SCOTT C. ILGENFRITZ FRANK R. JAKES TIMOTHY A. JOHNSON, JR.* SHARON E. KRICK ROGER A. LARSON ANGELINAE. LIM MICHAEL G. LITTLE CHIH -PIN LU* Wayne Wells, AICP, Planner III City of Clearwater Planning Dept. 100 South Myrtle Avenue Clearwater, FL 33756 Bins LLP LAW MICHAEL. C. MARKHAM ZACHARY D. MESSA A. R. "CHARLIE" NEAL BRETON H. PERMESLY F. WALLACE POPE, JR. ROBERT V. POTTER, JR. JENNIFER A. REH DARRYL R. RICHARDS PETER A. RIVELLINI DENNIS G. RUPPEL* April 3, 2007 Re: FLD2007 -02003 — 69 Bay Esplanade Dear Wayne: CHARLES A. SAMARKOS KIMBERLY L. SHARPE JOAN M. VECCHIOLI STEVEN H. WEINBERGER JOSEPH J. WEISSMAN STEVEN A. WILLIAMSON *OF COUNSEL PLEASE REPLY TO CLEARWATER FILE NO.. 101407 RECEIVED 2001 PLANNING DEPARTMENT CITY OF CLEARWATER In connection with the referenced application, we are delivering with this letter 15 sets of "Fire Line Construction Plans ", prepared by Gaylor Engineering, demonstrating compliance with NFPA 303. Please distribute to the Fire Department and other appropriate staff members for review. Thank you. Sincerely, ?0,� Jayne E. Sears Legal Assistant cc: Mr. Ryan Oliver Mr. John Hobach #401720 v1 - Sandpearl /Docks/Wells Ltr CLEARWATER OFFICE TAMPA OFFICE 911 CHESTNUT ST. 403 EAST MADISON ST POST OFFICE BOX 1368 (ZIP 33757 -1368) SMITE 400 CLEARWATER, FLORIDA 33756 - POST OFFICE BOX 1100 (ZIP 33601 -1100) TELEPHONE. (727) 461 -1818 TAMPA, FLORIDA 33602 TELECOPIER: (727) 462 -0365 TELEPHONE: (813) 225 -2500 TELECOPIER: (727) 441 -8617 TELECOPIER: (813) 223 -7118 0 0 Wells, Wayne From: Wells, Wayne Sent: Monday, April 02, 2007 5:47 PM To: Jayne Sears (E -mail) Subject: FLD2007- 02003, 69 Bay Esplanade Jayne - Attached are the Draft DRC Comments for the April 5, 2007, DRC meeting, to be held at 9:00 am in our offices. Should you have any questions, feel free to call or email me. Wayne .vD4 draft 4.5.07 dre action agenda... Message � • Wells, Wayne From: Jayne E.Sears [JayneS @jpfirm.com] Sent: Monday, March 26, 2007 2:30 PM To: Watkins, Sherry Cc: Wells, Wayne; Ryan Oliver; Ed Armstrong Subject: Clearwater Recreation Center, 69 Bay Esplanade. Page 1 of 1 Sherry, can you check your database to see if you have any microfilm (or other) for this location? I am looking for an approved site plan of the existing recreation center and parking lot. This is a City project so I'm not sure of the process. The property appraiser indicates a portion was built in 1951 and a portion in 2000 (not sure about those dates). It may also have an address of 51 Bay Esplanade. If you have microfilm to be viewed, I will come over and look at it. Thank you. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461 -1818 Fax: (727) 462 -0365 3/27/2007 0 k: arwater _� March 13, 2007 E. D. Armstrong Iii, Esquire Po Box 1368 Clearwater, Fl 33757 CITY OF CLEARWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W.MYCLEARWATER. COM VIA FAX: 727 - 441 -8617 RE: FLD2007 -02003 -- 69 BAY ESPLANADE -- Letter of Completeness Dear E. D. Armstrong Iii, Esquire : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2007- 02003. After a preliminary review of the submitted documents, staff has determined that the application is complete. The Development Review Committee (DRC) will review the application for sufficiency on April 05, 2007, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. You will be contacted by the Planning Department's Administrative Analyst within one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 727 -562 -4504 or Wayne.Wells@myclearwater.com. Sincerely yours, W�av7e Wel ls. AICP Planner III Lester of Completeness - FLD2007 -02003 - 69 BAY ESPLANADE • Wells, Wayne From: Wells, Wayne Sent: Tuesday, March 13, 2007 9:19 AM To: Jayne Sears (E -mail) Subject: FLD2007- 02003, 69 Bay Esplanade C7 Jayne - Attached is a Letter of Completeness for the above referenced project. The original letter is being mailed. Submission of the missing information regarding the relationship to the upland development and fire protection is still necessary and may affect the determination of sufficiency of this application. Wayne _.' rte' Letter of impleteness 3.13.07 , J OHNSON POPE BOKOR , RUPPEL & BURNS LLP ATTORNEYS AND COUNSELLORS AT LAW E. D. ARMSTRONG III BRUCE H. BOKOR JOHN R. BONNER, SR.* GUY M. BURNS JONATHAN S. COLEMAN MICHAEL T.CRONIN ELIZABETH J. DANIELS BECKY FERRELL -ANTON COLLEEN M. FLYNN RYAN C. GRIFFIN Via Hand Delivery MARION HALE SCOTT C. ILGENFRITZ FRANK R. JAKES TIMOTHY A. JOHNSON, JR,* SHARON E. KRICK ROGER A. LARSON ANGELINA E. LIM MICHAEL G. LITTLE CHIH -PIN LU* MICHAEL C. MARKHAM Wayne Wells, AICP, Planner III City of Clearwater Planning Dept. 100 South Myrtle Avenue Clearwater, FL 33756 ZACHARY D. MESSA A. R. "CHARLIE" NEAL BRETON H.PERMESLY F. WALLACE POPE, JR. ROBERT V. POTTER, JR. JENNIFER A. REH DARRYL R. RICHARDS PETER A. RIVELLINI DENNIS G. RUPPEL* CHARLES A. SAMARKOS ' March 12, 2007 Re: FLD2007 -02003 — 69 Bay Esplanade Response to Letter of Incompleteness #2 Dear Wayne: KIMBERLY L. SHARPE JOAN M. VECCHIOLI STEVEN H. WEINBERGER JOSEPH J. WEISSMAN STEVEN A. WILLIAMSON *OF COUNSEL PLEASE REPLY TO CLEARWATER (7 a% � coope 23 - o o z_?_ Y-\ C_ 3 o dc- We are delivering with this letter additional materials and revised exhibits, as described below, in response to your letter dated March 2, 2007. The numbered paragraphs below correspond to the numbered paragraphs in your letter. 1. See attached drawing for demonstration of setbacks to east and west property boundaries. 2. See attached drawing for demonstration of dock length projection for each portion of the docking facility. 3. See attached drawings with enlarged notes and dimensions. 4. See attached drawing for indication of which slips are for public use and which slips are for use by the Sandpearl hotel and residents. 5. See attached drawing for demonstration of relationship between docking facility, existing sidewalks, existing parking and Sandpearl project. Hotel guests and residents will not use public parking facilities at the recreation center, as shuttle service will be provided by the hotel. ORIGINAL CLEARWATER OFFICE RECE) Y CI) TAMPA OFFICE 911 CHESTNUT ST. POST OFFICE BOX 1368 (ZIP 33757 -1368) CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 461 -1818 TELECOPIER: (727) 462 -0365 TELECOPIER: (727) 441 -8617 MAR 12, 2007 PLANNING DEPARTMEW CITY OF CLEARWA1 403 EAST MADISON ST. SUITE 400 POST OFFICE BOX 1 100 (ZIP 33601 -1100) TAMPA, FLORIDA 33602 TELEPHONE: (813) 225 -2500 TELECOPIER: (813) 223 -7118 0 JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Wayne Wells, AICP, Planner III March 12, 2007 Page 2 Site plans demonstrating fire protection measures are currently being completed based on input from the City of Clearwater Fire and Rescue. The applicant understands these. drawings must show intent to meet the 2000 edition of NFPA 303 Chapter 4 requirements for standpipe systems, including underground fire lines, both supply and system. Drawings will specify that pre -cast thrust blocks will be used along with mega lugs on the system portion of the fire line. In addition, the drawings will show the location of the fire department connection in an area accessible to fire apparatus. The location of a new or existing fire hydrant within 100 feet of the_FDC will also be demonstrated. We expect to have the plans completed within the next week. We ask that you consider this application as complete and schedule it for the April 5 DRC meeting, with the- understanding that the applicant agrees to a condition to comply with all fire department requirements. Thank you. cc: Mr. Ryan Oliver Mr. John Hobach #399603 v1 - SandpearlMells Ltr Very truly yours, JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP J E. D. Armstrong III SIGNED IN ATTORNEYS ABSENCE TO PREVENT DELAY IN MAILING ORIGINAL RECEIVED VAR 12, 2007 PLANK 64G DEPARjjWgS CITY OF CI«E4RWA O Wells, Wayne From: Rickard, Leonard Sent: Friday, March 09, 2007 11:07 AM To: 'ryan.oliver @delta - seven.com' Cc: Wells, Wayne Subject: BCP2007 -02003 - -- 69 Bay Esplanade Ryan, Having conferred with Wayne Wells from the Planning Dept. I am providing you with the information you requested regarding the fire protection requirements for the docks. You must show on your Utility plan your intent to meet the 2000 edition of NFPA 303 Chapter 4 requirements for standpipe systems. We will require you to show underground fire lines, both supply and system and specify that pre -cast thrust blocks will be used along with mega lugs on the system portion of the fire line.. Show the location of the FDC in an accessible area for fire apparatus. Show the location of a new or existing fire hydrant within 100 feet of the FDC. If I can assist you in'any way please call me. Lenny Rickard Assistant Fire Marshal Clearwater Fire & Rescue 610 Franklin St., Clearwater, F133756 727 -562 -4327 Ext. 3078 Fax 727 -562 -4461 0 Wells, Wayne From: Linda Cunningham [LindaC @jpfirm.com] Sent: Friday, March 02, 2007 11:22 AM To: Wells, Wayne Subject: RE: FLD2OO7- 02003, 69 Bay Esplanade Got it. Thanks Wayne. Say Hi to Sherri. Linda - - - -- Original Message------ From: Wayne. Wells @myClearwater.com [ mailto :Wayne.Wells @myClearwater.com] Sent: Friday, March 02, 2007 11:15 AM To: Jayne E. Sears Cc: Ed Armstrong; Linda Cunningham Subject: FLD2007- 02003,69 Bay Esplanade Jayne - Attached is the second Letter of Incompleteness for the above project. The original is being mailed. Please disregard the first paragraph after comment #5 (which includes a resubmission date of February 12, 2007). The latest date to respond is in the second paragraph after comment #5. Thanks. Wayne <<letter of incompleteness 3.2.07.pdf>> 1 Message • • Wells, Wayne From: Jayne E.Sears [JayneS @jpfirm.com] Sent: Friday, March 02, 2007 10:31 AM To: Wells, Wayne Cc: Linda Cunningham; Ed Armstrong Subject: FLD2007092003 - 69 Bay Esplanade Page 1 of 1 Wayne, as we discussed I will be out of the office next week so please email lindac jpfirm.com and eda firm.com with your comments on the status of incompleteness of the dock application. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756. Phone: (727) 461 -1818 Fax: (727) 462 -0365 3/2/2007 The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2007- 02003. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. 1. 3/1/07 - WW While the response letter and the response in Exhibit "B" indicates a proposed setback from the western property line of 140.5 feet, no where on the plans is the proposed setback indicated to the west property line. Also, provide the proposed setback from the east property line, as southerly extended into the water. 2/6/07 - WW Required setbacks are a function of subject property width measured at the waterfaont property line. No where on the plans does it indicate the waterfront property width so as to determine the required setbacks. The response to the Dock criteria Section 3- 601.C.3.h.i forsetbacks merely states that it has been designed to meet all setback criteria. Need to provide on the plans the waterfront property width and the proposed setbacks. 2. 3/1/07 - WW Provide on the plans the dock length for each portion of the dock from the seawator MHWL to the end of each projection of dock. 2/6/07- WW Maximum dock length is a function of subject property width measured at the waterfront property line. No where on the plans does it indicate the waterfront property widfi- so as to determine the maximum dock length. The response to the Dock criteria Section 3- 601.C.3.h.ii for length states that the dock does not extend beyond the maximum length. Ned.to provide on the plans the waterfront property width and the proposed length of the docks fiom the upland property into the water. 3. 3/2/07 - WW The overall plan indicates the maximum extension beyond the 25% line, BUT it iF.so small a magnifying glass is necessary. Please enlarge this note. Further, ensure all verbilge and dimensions are readable by anyone on all plan documents. 2/6/07 - WW Proposal is asking for a deviation to allow the dock and tie poles to extend beyor125 percent of the width of the waterway. No where on the plans does it indicate the width oftlie waterway. Need to provide on the plans the waterway width so that the applictiorcan request a definitive number as to how much the dock extends beyond the 25 percent line. Letter of Incompleteness - FLD2007 -02003 - 69 BAYESPLANADE CITY 0-F CLLRWATE.R ° earwater PLANNING ,DE,PARTMENT MUNICIPAL SERVICES BUILDING. 100 SOUTH MYRTLE AVENUE, CLEARW 'TER, FLORIDA .3'3756..: TELEPHONE: (727) 562 -4567: FAX: (727).562-4576 W W W.MYCLEARWATER. COM March 02, 2007 4. 3/2/07 - WW Response letter states the plans have been revised to so .indicate which. slips are Sandpearl versus public. However, I cannot find on-the -plans anyiiotes indicating such.: Please indicate - on the plans as requested. Additionally, there is no indication as .to 'a response, to the second paragraph below. Provide the requested information. 2/6/07 - WW The application material indicates 28 of the slips are for use by the Sandpearl residents and/or guests. The plans do not indicate which of the 42 slips are these 28 slips so mentioned. It is also unclear in the application material which of the 28 slips to be used by Sandpearl will be for residents (where the slips will be rented, leased or sold to attached dwelling [condominium] tenants) versus slips for use by the hotel (which are not to be rented, leased or sold). Need to be more specific. 5. 3/2/07 - WW The response letter talked about the mangroves and where access walkways could be placed in relation to the mangroves. This does not respond to my question below. Need to provide a plan as to what is requested below and provide written material that provides any information the plans cannot show. 2/6/07 - WW The application material (site plans and written material) does not indicate where the proposed docks tie into any sidewalks or decks at the Recreation Center, showing the relationship to public parking at the Recreation Center, does not show the relationship to the Sandpearl project and how residents or guests of Sandpearl accesses these docks nor does it address fire protection requirements (fire hydrants or fire risers) for these docks. Provide siteplans that address these issues. Section 4 -202 of the Community Development Code states that if an application is deemed incomplete, the deficiencies of the application shall be specified by Staff. No further dkvelopment review action shall be taken until the deficiencies are corrected and the application is deemed complete. Please resubmit by noon, Monday March 12, 2007. If you have any questions, please do not hesitate to contact me at 727 -562 -4504 or Wayne.Wells@myclearwater.com. \Sincerely yo'ur_s,1 �oQ� vi Letter oflncompleteness - FLD2007 -01003 - 69 BAYESPLANADE Ol Wells, Wayne • From: Wells, Wayne Sent: Friday, March 02, 2007 11:15 AM To: Jayne Sears (E -mail) Cc: E. D. Armstrong Esquire (E- mail); 'lindac @jpfirm.com' Subject: FLD2007- 02003, 69 Bay Esplanade Jayne - Attached is the second Letter of Incompleteness for the above project. The original is being mailed. Please disregard the first paragraph after comment #5 (which includes a resubmission date of February 12, 2007). The latest date to respond is in the second paragraph after comment #5. Thanks. Wayne it letter of completeness 3.2.0, JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW E. D. ARMSTRONG III BRUCE H. BOKOR JOHN R. BONNER, SR.' GUY M. BURNS JONATHAN S. COLEMAN MICHAEL T. CRONIN ELIZABETH J. DANIELS BECKY FERRELL -ANTON COLLEEN M. FLYNN RYAN C. GRIFFIN Via Hand Delivery MARION HALE SCOTT C. ILGENFRITZ FRANK R. JAKES TIMOTHY A. JOHNSON, JR.* SHARON E. KRICK ROGER A. LARSON ANGELINA E. LIM MICHAEL G. LITTLE CIIH -PIN LU' MICHAEL C. MARKHAM Wayne Wells, AICP, Planner III City of Clearwater Planning Dept. 100 South Myrtle Avenue Clearwater, FL 33756 ZACHARY D. MESSA A. R. "CHARLIE" NEAL BRETON H. PERMESLY F. WALLACE POPE, JR. ROBERT V. POTTER, JR. JENNIFER A. REH DARRYL R. RICHARDS PETER A. RIVELLINI DENNIS G. RUPPEL• CHARLES A. SAMARKOS February 22, 2007 Re: FLD2007 -02003 — 69 Bay Esplanade Response to Letter of Incompleteness Dear Wayne: KIMBERLY L. SHARPE JOAN M. VECCHIOLI STEVEN H. WEINBERGER JOSEPH J. WEISSMAN STEVEN A. WILLIAMSON 'OF COUNSEL. PLEASE REPLY TO CLEARWATER FILE NO. .101407 We are delivering with this letter additional materials and revised exhibits, as described below, in response to your letter dated February 6, 2007. The numbered paragraphs below correspond to the numbered paragraphs in your letter. The City Attorney's office has provided us with a 1975 survey of the upland parcel, 15 copies of which have been added to our submittal. 2. The total dock area is 11,538 square feet. This information has been added, to the revised narrative (Exhibit "B" to Flexible Development Application). 3. The 15 sets of the Avoidance and Minimization Report have been updated to include copies of the appendices. 4. The total shoreline, as calculated by Delta Seven, is 1,295 feet, which would require that no portion of the dock be located closer than 129.5 feet to any property line. The western end of the dock begins 140.5 feet from the riparian property line as measured along a line parallel to the shoreline. This information has been incorporated in the revised narrative response to setback criteria (Exhibit "B" to Flexible Development Application). A diagram depAl "e shoreline distances, RECEIVED CLEARWATER OFFICE 911 CHESTNUT ST. FEB 23 2007 TAMPA OFFICE 403 EAST MADISON ST. POST OFFICE BOX 1368 (ZIP 33757 -1368) SUITE 400 POST OFFICE BOX I (ZIP 33601 -1100) CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 461 -1818 PLANNING DEPARTMENT n,qC y PLANNING DEPARTMEN f RI TELECOPIER: (727) 462 -0365 TEEPHONE: (813 225-2500 TELECOPIER: (727) 441 -8617 CITY OF CLEARWATER TELECOPIER: (813) 223 -7118 • JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Wayne Wells, AICP, Planner III February 22, 2007 Page 2 setbacks, dock length and dock width, in response .to #s 4 through 7 has been added to the submittal. 5. The dock length shall not extend from the mean high water line or seawall more than 75 percent of the width of the waterfront property line, which would be 971 feet (75% of 1,295 feet). The proposed dock extends a maximum of 164 feet from the mean high water line. This information has been added to the revised narrative response to dock length criteria (Exhibit "B" to Flexible Development Application). 6. The width of the dock may not exceed 75% of the waterfront property or 971- feet (75% of 1,295 feet). The proposed dock is a maximum of 703 feet in width. This information has been added to the revised narrative response to dock width criteria (Exhibit "B" to Flexible Development Application). 7. The dock drawings include a diagram depicting a line representing 25% of the width of the waterway. The maximum amount by which the proposed dock extends .beyond this line is 69 feet. This information has been added to the revised narrative response to dock length criteria (Exhibit "B" to Flexible Development Application). 8. The plans have been revised to indicate which slips are for use by the Sandpearl (27 slips) and which of the slips are for public use (15 slips). 9. The proposed dock was designed to avoid all impacts to natural resources, such that the main walkway borders the edge of the seagrass beds and corals and the fingers extend out. The eastern main access walkway was placed in an area void of mangroves, seagrasses and corals. As these locations were chosen based on avoidance of impacts to natural resources, it was not possible to tie the walkways to any existing structures, such as sidewalks or decks, on the upland. The applicant will be submitting an additional plan related to fire protection measures. 10. Page 1 of the application has been revised to reflect an estimated valuation of the proposed project of $1,000,000. ORIGINAL RECEIVED FEB 23 2001 p"NING DEPARTMENT CITY ® JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Wayne Wells, AICP, Planner III February 22, 2007 Page 3 We understand that we need to provide you with plans concerning fire protection in order to complete the application; however we ask that you continue with your review of the above - described items in order to provide us with any additional comments that need to be addressed in connection with completeness. Thank you. #397815 v1 Very truly yours, JOHNSON, POPE, BOKOF =ronq Wow/ F YZ- TO ORIGINAL RECENED FEB 23 2007 PLANNING DEPARTMENT CITY OF CLEARWATER ! r ORIGINAL RECEIVED EXHIBIT "B" FEB 23 2007 TO FLEXIBLE DEVELOPMENT APPLICATION PLANNING DEPARTMENT CITY OF CLEARWATER, FLORIDA CITY OFCLEARWATER Clearwater Recreation Center Boat Docking Facility The subject property consists of submerged land adjoining upland located at 69 Bay Esplanade owned by the City of Clearwater. This is a request for approval of a multi - slip docking facility which will serve the public and the Sandpearl Resort located at 500 Mandalay Avenue. On January 26, 2005, the City of Clearwater ( "Applicant ") entered into a Development Agreement with CBR Development I, LLC and CBR Development II, LLC (collectively, "CBR "), the developer of the Sandpearl Resort ( "Development Agreement "). Sandpearl Resort, LLC ( "Sandpearl "), is the successor in interest to CBR. On December 14, 2006, the Clearwater City Commission approved the City's lease of the submerged lands to Sandpearl for the purpose of construction and operation of boat docks as contemplated in the Development Agreement. Accordingly, the Applicant requests flexible development approval of a commercial dock facility, including 42 boat slips, as shown on the proposed site plan submitted with this application, with relief fr.,M the req uirement that theto allow the dock and tie poles do netto extend 69 feet beyond 25 percent of the width of the waterway, in accordance with Section 3 -601 of the Clearwater Community Development Code. Section D. Written Submittal Requirements General Applicability Criteria: 1) The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. The City Commission approved the proposed location for the boat docking facility in the Development Agreement and again on December 14, 2006, by approving the proposed lease of the submerged lands. The submerged lands on which the facility will be located adjoin the City's Bay Esplanade Recreation Center, a recreation complex including tennis courts, swimming pool, basketball courts and two small piers with a boat ramp. The character of the proposed use as a boat docking facility will be complementary to the existing recreation center. As to the bulk and coverage of the project, the Avoidance and Minimization Report, dated January, 2006, prepared by Thomas R. Cuba, Delta Seven, Inc. ( "Report"), a copy of which is attached, describes in detail the compatibility of the project with this area of Clearwater Harbor. 2) The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The boat docking facility will not have an impact on the development of any upland areas. The Belle Harbor project to the south includes boat docks. The proposed facility will be a minimum of 77 feet from the existing Belle Harbor docks, at its closest location. 3) The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. The navigability and safety of the adjacent waterway will not be impacted. Measures, such as the use of turbidity barriers during construction, will be taken to ensure adverse impacts to water quality will not occur. Navigational clearance and safety, as well as water quality, is discussed in detail in the Report. 4) The proposed development is designed to minimize traffic congestion. In accordance with the terms of the Development Agreement, 26-27 of the boat slips at the facility (representing less than 67 percent of the overall slips) will be used by Sandpearl Resort residents and /or guests. The Sandpearl is located in close proximity to the proposed facility and persons traveling to the facility from Sandpearl will use a shuttle service provided by Sandpearl concierge so as not to create significant additional trips to the site. The remainder of the slips will be public, operated by the City and function as accessory to the existing City recreation facility. 5) The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed site is an excellent location for the proposed boat docking facility. The community character of the adjoining parcel, as well as the land extending westerly to the Gulf of Mexico north of Rockaway Street is all open space /recreation lands which are devoted to the public's use and enjoyment of the beach and waterways. The Sandpearl Resort is a destination resort and condominium project located south of Rockaway in close proximity to the proposed boat docking facility. 6) The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. As the only adjacent upland affected is the City's recreation center, the City will be able to control access, lighting, etc. as appropriate. The use of the facilities by the Sandpearl Resort will be in accordance with the terms of a written agreement between the Applicant and Sandpearl, the terms of which are provided for in the Development Agreement. The practices of the FDEP Clean Marina Program will be followed. There will be no live- aboard vessels, fueling facilities or domestic sewage pump -out facilities at the site. ORIGINAL RECEIVED 2 FEB 23 2007 PLANNING DEPARTMENT CITY QE ICLEARVATFP Section 3 -601C3 of the Code requires a level two approval of commercial docks to comply with the following criteria: a. Use and compatibility. i. The proposed dock shall be subordinate to and contribute to the comfort, convenience or necessities of the users of the occupants of the principal use of the property. The principal use of the property is a recreation center that includes a boat ramp. The proposed docking facility will complement its use. Pursuant to the terms of the Development Agreement, 44-15 of the boat slips will be for public use, providing convenience for those wishing to travel to the recreation center and /or nearby public beach via boat and for boaters using the public boat ramp located at the site. ii. The proposed dock shall be in harmony with the scale and character of adjacent properties and the neighborhood in general. This neighborhood (north of Rockaway) is an area of the north beach that is accessible for the public's enjoyment of the beach and waterways. The property is zoned "P" which allows marinas as a Level One use. The proposed location was previously approved by the City Commission in the Development Agreement. iii. The proposed dock shall be compatible with dock patterns in the general vicinity. Sufficient turning radius exists for all anticipated vessel sizes, as a minimum of 77 feet exists between the facility and any adjacent docks. The westerly end of the facility is the closest to any, existing dock and provides approximately 77 feet of navigational clearance. Navigation clearance and safety is discussed in detail in the Report. b. Impacts on existing water recreation activities. The use of the proposed dock shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and /or commercial uses. Furthermore, it shall not hinder or discourage the existing uses of the adjacent waterway by uses including but not limited to non - motorized boats and motorized boats. ORIGINAL RECEIVED 3 FEB 2 3 2007 PLANNING DEPARTMENT rFY As described in detail in the Report, the history of the site is that it was used as a covered docking facility from approximately 1942 to 1973. The proposed facility is smaller in size than what previously existed and is designed to be more ecologically sensitive. The proposed docking facility will serve to increase public accessibility to the existing recreation center and public beach. C. Impacts on navigation. The existence and use of the proposed dock shall not have a detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. The waterway is an artificial basin originally dredged out of the uplandscreated by the filling of surrounding submerged lands in 1926 and has historically been used as a yacht and boating basin. The design of the structure is consistent with the intended use of the area. Sufficient turning radius exists for all anticipated vessel sizes, as a minimum of 77 feet exists between the facility and any adjacent docks. The westerly end of the facility is the closest to any existing dock and provides approximately 77 feet of navigational clearance. d. Impacts on marine environment. L Docks shall be sited to ensure that boat access routes avoid injury to marine grassbeds or other aquatic resources in the surrounding areas. The design of the dock is a direct result of avoiding impact to the coral, seagrass and mangrove communities present at this site. ii. Docks shall not have an adverse impact upon natural marine habitats, grass flats suitable as nursery feeding grounds for marine life, or established marine soil suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life; manatee sanctuaries; o natural reefs and any such artificial reef which has C%4 W � developed an associated flora and fauna which have been v � ® tj determined to be approaching a typical natural assemblage p LU rM 9, structure in both density and diversity; oyster beds; clam 0 �beds; known sea turtle nesting site; commercial or sport U fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat. Please see the Report for discussion of avoidance of impact on natural marine habitats, including the bathymetric survey, hydrographic survey and seagrass survey included as 4 �6 0 0 appendices to the Report. In summary, the docking facility has been designed to completely avoid all impacts to these resources. e. Impacts on water quality. L All turning basin, access channels, boat mooring areas and any other area associates with a dock shall have adequate circulation and existing water depths to ensure that a minimum of a one foot clearance is provided between the lowest member of a vessel (e.g. skegs, rudder, prop) and the bottom of the waterbody at mean or ordinary low water ( -0.95 NGVD datum). In addition to 3 day slips, the docking facility is designed to be capable of accommodating up to 8 boats a maximum of 26 feet in length, 9 boats a maximum of 30 feet in length, 6 boats a maximum of 38 feet in length and 16 boats a maximum of 40 feet in length. All vessels using the docking facility will have a maximum draft of three (3) feet. The design of the facility is such that no slip is located in less than -5.4 (NGVD 1929), thereby providing sufficient depths for all vessels anticipated to be moored at the facility. ii. The dock shall not effectively cause erosion, extraordinary storm drainage, shoaling of channels, or adversely affect the water quality presently existing in the area or limit progress that is being made toward, improvement of water quality in the area in which the dock is proposed to be located. Hydrographic studies at the site have demonstrated there will be no negative water quality impacts as a result of the project and that sufficient tidal exchange exists to allow tidal exchange of the water at the site to occur in less than four days. Water quality analysis has indicated no violations of state water quality standards. f. Impacts on natural resources. o Z W W �� 3 i. The dock shall not have a material adverse impact upon the o ° f 6 a conservation of wildlife, marine life, and other natural ECO ty resources, including beaches and shores, so as to be Z 0 a contrary to the public interest. � Avoidance and minimization are discussed in detail in the Report. Turbidity barriers will be installed between the 5 l� 0 0 docks /walkways and sea grass areas prior to construction and will remain in place until completion of the project. Please see the discussion in the Report, as well as plan drawings. ii. The dock shall not have an adverse impact on vegetated areas; vegetative, terrestrial, or aquatic habitats critical to the support of listed species providing one or more of the requirements to sustain their existence, such as range, nesting or feeding grounds; habitats which display biological or physical attributes which would serve to make them rare within the confines of the City; designated preservation areas such as those identified in the comprehensive land use plan, national wildlife refuges, Florida outstanding waters or other designated preservation areas, and bird sanctuaries. The proposed docking facility has been designed consistent with the protection of the existing natural resources, including mangroves, sea grasses and coralline and non - coralline hard bottom. Unrestricted Manatee access to grasses on the site will remain open. The walkout separating the two ends of the grass beds will be elevated to +4 feet. Water depth under the walkout ranges from -4.0 to -6.7 and would allow Manatees to travel unrestricted under the walkout to reach the western end grass beds. Wading birds, fish and other fauna will continue to have access to the waterway, grass beds, and substrate of the site. g. Impacts on wetlands habitat/uplands. The dock shall not have a material adverse affect upon the uplands surrounding. The proposed boat docks will complement the adjoining City recreation facility. As discussed in the Report, the facilities have been designed so as to not impact the existing wetland habitat. h. Dimensional standards. L Setbacks. All commercial and multi -use docks shall be located so that no portion of such dock is closer to any property lines as extended into the water than ten percent of the applicant's property width measured at the L" W waterfront property line. Multi -use private and commercial docks abutting adjacent waterfront single - family or two- C, ° family property must be setback a minimum of one -third of L ce.) a the applicants waterfront property width from the adjacent 0 C\2 z () waterfront single - family or two family property. 0 Be ul z0 :5C) 6 The total area of the proposed facility is 11,538 square feet. The docking facility has been designed to meet all setback criteria. The total shoreline, as calculated by Delta Seven is 1,295 feet which would require that no portion of the dock be located closer than 129.5 feet to any property line. The western end of the dock begins 140.5 feet from the riparian property line as measured along a line parallel to the mean high water line. ii. Length. The length of commercial and multi -use docks shall not extend from the mean high water line or seawall of the applicant's property more than 75 percent of the width of the applicant's property measured at the waterfront property line. Tie poles may extend beyond the dock provided such poles do not extend 25 percent of the width of the waterway and do not constitute a navigational hazard. peFGent of the width of the App"GaRt'S .The dock length shall not extend from the mean high water line or seawall more than 75 percent of the width of the waterfront property line, which would be 971 feet (75% of 1,295 feet). The proposed dock extends a maximum of 164 feet from the mean high water line. This facility, as designed, extends beyond 25 percent of the width of the waterway and the Applicant requests relief from this requirement. The dock drawings include a diagram which depicts the line representing 25% of the width of the waterway. The maximum amount by which the proposed dock extends beyond this line is 69 feet. The waterway is an artificial basin originally dFedged out of the uplandscreated by the filling of surrounding submerged lands in 1926 and has historically been used as a yacht and boating basin. As previously discussed, there is sufficient clearance, 77 feet at its closest location, between the proposed facility and existing docks and the proposed facility does not pose a navigational hazard. The navigational clearance is discussed in detail in the Report. 7 Z iii. Width. The width of commercial and multi -use docking facilities shall not exceed 75 percent of the width of the ® applicant's property measured at the waterfront property line. (D yj CQ (D LL `�, , co z O The width of the dock may not exceed 75% of the waterfront LJJ Lf Z So property or 971 feet (75% of 1,295 feet). The proposed dock is 0- a maximum of 703 feet in width. The width of the proposed 7 0 0 facility does not exceed 75 percent of the width of the Applicant's waterfront property line. iv. Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shingles, metal, tile or wood. Canvas and canvas life roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. There are no covered boatlifts proposed. v. Deviations. Deviations from the requirements of this section may be considered and approved by the community development board in order to comply with the review criteria established in Sections 3- 601(C)(3)(a) - -(g). No additional parking spaces are to be provided as the use of the proposed boat docking facility is accessory to the Sandpearl Resort and to the existing recreation center, which includes public parking. i. Publicly owned facility. Roof structures shall be permitted on publicly owned boardwalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility, however, vertical walls shall be prohibited. No vertical walls are included in the plans for this facility; however, pursuant to requirements of the regulatory agencies, portions of the docks are to be hand - railed as to prevent mooring of vessels outside of designated slips. 2/23/ 2007 10:29 AM2 /2/2007-44 -17 AM .101407 #395771 v1 - Sandpearl /Docks /Ex B to Flex App ORIGINAL RECEIVED FEB 23 2007 PLANNING DEPAkr vIENT 8 CITY OF CLEARWATER Message • • Page 1 of 1 Wells, Wayne From: Jayne E.Sears [JayneS @jpfirm.com] Sent: Monday, February 12, 2007 2:00 PM To: Watkins, Sherry; Wells, Wayne Cc: Ed Armstrong Subject: FLD2007 -02003 - 69 Bay Esplanade FYI, that I just heard from Delta Seven that it will not be possible to have the revised plans with the fire protection requirements ready by 4:00 today. So it looks like we will not be complete this month and I wanted to let you both know that, ASAP, for your "planning" purposes. The "complete" application will be submitted as soon as possible so you can re- commence your review and let us know where we stand for next month. Thanks. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461 -1818 Fax: (727) 462 -0365 2/12/2007 • • Fax Cover Memo CITY OF CLEARWATER PLANNING DEPARTMENT 100 SOUTH MYRTLE AVENUE, 2ND FLOOR CLEARWATER, FL 33756 (727) 562 -4567 FAX: (727) 562 -4865 TO: ci,r1 U A'VL(— DATE: ? — 5 D 7 FAX: 15-SO — Z-r1,3 TELEPHONE: $ Z 3 — Zf 4 3 FROM: Wayne M. Wells TELEPHONE: ,(727) 562 -4504 SUBJECT: MESSAGE: e- I . IP MAMUZAM in NUMBER OF SHEETS (INCLUDING THIS PAGE): Z- Feb. 09 2007 01:07PM YOUR LOGO I YOUR FAX NO. : 7275624865 NO. OTHER FACSIMILE START TIME USAGE TIME', MODE PAGES RESULT 01 95502513 'Feb.09 01:06PM 01'41 SND 02 OK i TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING ' +' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1 -800 -HELP -FAX C435- 7329). ,-? I I - - *1 249A NITER 0 01arwater u ---------------------------------------------------- ... ... . ..... PREPARED BY PUBLIC WORKS ADMINISTRATION ENGINEERING IGIS 100 S. Myrtle Ave., Clearwater, FL 33756 Ph.: (727)562.4750, Fax: (727)526-4755 www.MyClearwater.com Deeleft- P16k A*eaaffi� d.0 a Ikeefewl by ft Cltv of Ck—aa, Ae MERS" AT. Fitt It I- -7( N 7" W M 1G0 a b. P L a..oc —N-ve-- L.!#M —j Ot T: TaA p 13 .1 (We:e—ee—a- p ip 1 City Owned Property N� $a I Agreement to Annex N' e, I•ry 0 Annexation o Deannexation I,,- r-ea-111 I -T. Correction 0 Rezoning OJ 1%.11" N j.1 SUE NUMBER (* - Refer 4, Plat) WA 77j BLOCK NUMBER OSUB PARCEL NUMBER 14 a PARCEL NUMBER (M&B) LAND HOOK (COMMON OWNERS i OS/ R PLATTED SUBDIVISION BOUNDARY Iw COUNTY HIGHWAY O5 /R oI STATE HIGHWAY Re(3AWAV a1r.. U.S. HIGHWAY Z W' Outside Outside City of Clearwater L2 —j Zoning Atlas --------------- ------ - ----- ---------- "MR - ----- T ------------ Mar 21, 2005 SW 114 of 5-29-15 r— ,2 —j 2-;8A 2567A ,-? I I - - *1 _.08 -2007 02:12 PM DELTA SEVEN.ING Ryan Oliver Delta Seven, Inc. P.O. Box 3241 St. Petersburg, FL 33731 7270 2513 Delta Sum TM General Environmental Consulting Ph: 727 -823 -2443 Fax: 727-550-2513 Ryan, Oliver@Mita•Seven. eom www.Delta- Seven,eom DATE: 2/8/07 NAME: Wayne Wells ORGANIZATION: City of Clearwater FAX: 727 -562 -4576 PHONE: PAGES: 2 SUBJECT: 69 Bay Esplanade Wayne. Florida Registered Professional Environmental Corporation P.01 D T M T 0 T T FEB 0 8 2007 DEVELOPMENT SEFiVICF-S DEPT CITY OF CLEARWAT'ER Per my phone message of today, please indicate on the enclosed drawings where the City needs the width and length measurements of the dock to be taken. The Section 3 criteria do not indicate where the measumments are to occur (other than obviously at the greatest distance). Please mark on the drawings where i should determine my distances and return by fax. I appreciate the assistance. .• . .��J _...�.- logist elta Seven, Inc 727 - 550.2513 RrEB -08 -2007 02:13 PM D TA SEVEN INC i ' ► • ash, 7270 2513 P.02 p T (B TaaT FEB 0 8 2007 DEVELOPMENT SERVICES DEPT CITY OF CLEARWATER o "H v MVlOYIW'R IJIOl. M MIY{010[i MlT[Y dMOm 1!tl! MWrDMII 6LL PM .rt�mw oemf as xeamlm. •mn 7270 2513 P.02 p T (B TaaT FEB 0 8 2007 DEVELOPMENT SERVICES DEPT CITY OF CLEARWATER o "H v MVlOYIW'R IJIOl. M MIY{010[i MlT[Y dMOm 1!tl! MWrDMII 6LL PM • 6 Wells, Wayne From: Wells, Wayne Sent: Tuesday, February 06, 2007 7:07 PM To: Jayne "Sears (E -mail) Subject: FLD2007- 02003, 69 Bay Esplanade Jayne - Attached is the Letter of Incompleteness for the above referenced application. Should you have any questions, feel free to call or email me. Wayne Letter of completeness 2.6.0 LL • CITY OF CLLARWATER 0 Clearwater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 0 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W . MY CLEARWATER. C OM February 06, 2007 E. D. Armstrong Iii, Esquire VIA FAX: 727 -441 -8617 Po Box 1368 Clearwater, F133757 RE: FLD2007 -02003 -- 69 BAY ESPLANADE -- Letter of Incompleteness Dear E. D. Armstrong Iii, Esquire: The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2007- 02003. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. 1. Provide a survey of the upland property. 2. Provide the square footage of dock area. 3. Provide the appendices for the Avoidance and Minimization Report prepared by Thomas Cuba. 4. Required setbacks are a function of subject property width measured at the waterfront property line. No where on the plans does it indicate the waterfront property width so as to determine the required setbacks. The response to the Dock criteria Section 3- 601.C.3.h.i for setbacks merely states that it has been designed to meet all setback criteria. Need to provide on the plans the waterfront property width and the proposed setbacks. 5. Maximum dock length is a function of subject property width measured at the waterfront property line. No where on the plans does it indicate the waterfront property width so as to determine the maximum dock length. The response to the Dock criteria Section 3- 601.C.3.h.ii for length states that the dock does not extend beyond the maximum length. Need to provide on the plans the waterfront property width and the proposed length of the docks from the upland property into the water. 6. Maximum dock width is a function of subject property width measured at the waterfront property line. No where on the plans does it indicate the waterfront property width so as to determine the maximum dock width. The response to the Dock criteria Section 3- 601.C.3.h.iii for width merely states that the dock does not exceed the maximum width. Need to provide on the plans the waterfront property width and the proposed width of the dock. 7. Proposal is asking for a deviation to allow the dock and tie poles to extend beyond 25 -percent of the width of the waterway. No where on the plans does it indicate the width of the waterway. Need to provide on the plans the waterway width so that the appliction can request a definitive number as to how much the dock extends beyond the 25 percent line. Letter of Incompleteness - FLD2007 -02003 - 69 BAYESPLANADE LL CITY OF CLAARWATER o uearwater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W WW.MYCLEARWATER.COM February 06, 2007 8. The application material indicates 28 of the slips are for use by the Sandpearl residents and/or guests. The plans do not indicate which of the 42 slips are these 28 slips so mentioned. It is also unclear in the application material which of the 28 slips to be used by Sandpearl will be for residents (where the slips will be rented, leased or sold to attached dwelling [condominium] tenants) versus slips for use by the hotel (which are not to be rented, leased or sold). Need to be more specific. 9. The application material (site plans and written material) does not indicate where the proposed docks tie into any sidewalks or decks at the Recreation Center, showing the relationship to public parking at the Recreation Center, does not show the relationship to the Sandpearl project and how residents or guests of Sandpearl accesses these docks nor does it address fire protection requirements (fire hydrants or fire risers) for these docks. Provide site plans that address these issues. 10. Provide on Page 1 of the application the project valuation of these docks. Section 4 -202 of the Community Development Code states that if an application is deemed incomplete, the deficiencies of the application shall be specified by Staff. No further development review action shall be taken until the deficiencies are corrected and the application is deemed complete. Please resubmit by 4:00 pm on Monday, February 12, 2007. If you have any questions, please do not hesitate to contact me at 727 -562 -4504 or Wayne.Wells@myclearwater.com. Sincerely yours, �ti .�)a Wayn Wells Planner III Letter of Incompleteness - FLD2007 -02003 - 69 BAY ESPLANADE Message Wells, Wayne From: Wells, Wayne Sent: Monday, February 05, 2007 3:27 PM To: 'Jayne E.Sears' Subject: RE: Clearwater /Sand Pearl Docks 0 Page 1 of 1 Yes, I have the privilege to be the case planner for this proposal. Submit one original and 14 copies. - - - -- Original Message---- - From: Jayne E.Sears [mailto:JayneS @jpfirm.com] Sent: Monday, February 05, 2007 2:28 PM To: Wells, Wayne Subject: Clearwater /Sand Pearl Docks I'm assuming you will be assigned the application I turned in on Friday. I now have a signed and sealed bathymetric survey. Do you need 14 copies of that as well? I'll have the appropriate copies made and run them over as soon as possible. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461 -1818 Fax: (727) 462 -0365 2/6/2007 -0 40 Wells, Wayne From: Wells, Wayne Sent: Wednesday, July 18, 2007 8:25 AM To: Moses, Brenda Subject: CDB meeting Brenda - Can you please send me a copy of what Ann Garris passed out at yesterday's CDB meeting on Case No. FLD207 -02003 for 69 Bay Esplanade? Thanks. Wayne Wells, Wayne From: Wells, Wayne Sent: Tuesday, July 17, 2007 4:06 PM To: Moses, Brenda Subject: RE: FLD2007 -02003 - condition #4 You got it - That, a tfee • 'it es, be submitted prior to the issuance of the upland building permit, a-Ed that these tF° °n be shwAqi en the Wiand site pla-a to minifnize eanfliets with the r-eqttir-ed fire line and aeeess to the deeks the boardwalk and fire sunnression system be field staked to ensure avoidance of impacts on existing trees and their root systems. In the event there are impacts with existing tree root systems, the developer shall provide a tree aeration system acceptable to the City; Wayne - - - -- Original Message---- - From: Moses, Brenda Sent: Tuesday, July 17, 2007 3:53 PM To: Wells, Wayne Subject: FLD2007 -02003 - condition #4 Hi, Wayne. Could you please e-mail me Condition #4 as modified. Thanks. 0 0 C RIGiN Ai_ CDB Meeting Date: July 17, 2007 Case Number: FLD2007 -02003 Agenda Item: D4 Owner /Applicant: City of Clearwater Representative: E. D. Armstrong IlI, Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP Address: 69 Bay Esplanade CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit in the submerged lands adjacent to the Clearwater Beach Recreation Center a 42 -slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) of 11,343 square feet with a deviation to allow the docks and tie poles to exceed the 25 percent of the width of the waterway and a reduction to required parking from 24 to zero spaces, under the provisions of Sections 2- 1502.A, 3- 601.C.3 and 3- 603. CURRENT ZONING: Open Space /Recreation (OS /R) and Preservation (P) Districts CURRENT FUTURE LAND Resort Facilities High (RFH) Category USE CATEGORY: PROPERTY USE: Current Use: Clearwater Beach Recreation Center Proposed Use: Clearwater Beach Recreation Center with docks of 39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort EXISTING SURROUNDING ZONING AND..USES: North: Institutional and Tourist Districts South: Preservation and High Density Residential Districts East: Preservation District West: Institutional and Open Space/Recreation Districts Church, retail sales and overnight accommodations Clearwater Harbor and attached dwellings Clearwater Harbor Fire station and City park ANALYSIS: Site Location and Existing Conditions: The 4.26 acres is located at the southeast corner of the intersection of Mandalay Avenue and Bay Esplanade. The site is currently developed with the Clearwater Beach Recreation Center, with a recreation building on the east with basketball courts, pool and tennis courts on the west and a parking lot between. The site has approximately 1,024 feet of waterfront frontage on Clearwater Harbor. On Community Development Board — July 17, 2007 FLD2007 -02003 — Page 1 of 9 January 20, 2005, City Council approved Development Agreement Case No. DVA2004 -00005 in conjunction with Case No. FLD2004 -09068 for the property at 470 and 500 Mandalay Avenue and 11 Baymont Street to construct the Sandpearl project, a mixed use (253 overnight accommodation units at 68.56 units /acre on hotel portion of site and a height of 95 feet, 119 attached dwellings at 49.38 units /acre on residential /retail portion of site and a height of 150 feet and 11,000 square feet of retail sales and services at a FAR of 0.105 on residential /retail portion of site). A portion of the adopted Development Agreement included the establishment of a maximum of 57 boat slips in the submerged lands adjacent to the Clearwater Beach Recreation Center. The Sandpearl project is under construction and much of it is nearing completion. An amendment to the adopted Development Agreement to update the site plan and provisions to reflect the proposed dock design and the reduced number of slips under this application is also on the July 17, 2007, CDB agenda for recommendation to City Council (Case No. DVA2007- 00002). A City fire station and park is located across Mandalay Avenue to the west side of this site. There are overnight accommodations, retail sales and a church to the north of this site across Bay Esplanade. The Belle Harbor attached dwelling project is located to the south across the basin these proposed docks are to be located. The Belle Harbor project has docks within the same basin as these proposed docks and on the east side of their property. Development Proposal: The development proposal consists of the construction of a 11,343 square -foot, 42 slip dock, of which 27 slips will be leased to the Sandpearl project and 15 slips will be designated to serve the public. Of the 27 slips to be leased to the Sandpearl project, there are three day -slips on the west side designated for use by the Sandpearl hotel that will not be leased to others. The three day -slips on the west side are accessed separately from the other 39 slips by a sidewalk running basically along the seawall from the sidewalk within the Mandalay Avenue right -of -way (currently exists). In accordance with the proposed amended Development Agreement, boat lifts may be installed on a maximum of 13 of the 27 slips leased to the Sandpearl project (or a maximum of 50 percent of the total Sandpearl slips if the number is reduced below 27 slips). The majority of the slips (39 slips) will be accessed from the eastern end of the parking lot close to the Beach Recreation Center by a sidewalk/elevated walkway, which will then have a main access walkway basically following the edge of the water. All slips will be south of this main access walkway. The docks are on City property and will be owned by the City. The Development Agreement allows the developer of the Sandpearl project to construct the docks at their expense. The docks serve two purposes; one is to provide public day slips, where the slips will be open and available to the public from 5:00 am to midnight, and the other is to provide 24 slips leased to the Sandpearl project for long -term docking of private vessels and three day -slips for the Sandpearl hotel. Since slips are to be leased to owners, tenants and guests of the Sandpearl project, including Beach Club members and other owners and tenants that own or lease residences within the geographical area bordered on the west by the Gulf of Mexico, on the east by Clearwater Bay, on the north by Rockaway Street and on the south by Papaya Street, these docks are deemed to be a marina. Restroom facilities are available at the Recreation Center and pool during business hours and are available at the Sandpearl project. A marina is subject to the relevant review criteria of Sections 2- 1502.A, 3- 601.C.3 and 3 -603. The proposed marina is not located in any of the areas of environmental significance listed in the criteria. There are no commercial activities proposed at this marina. There are no live- aboard vessels allowed and no fueling facilities or domestic sewage pump -out facilities proposed. The restriction on overnight use of the public slips does provide for the mooring of a fireboat or other boats operated by the City or other municipal or governmental entities for public purposes. The setback criteria of Section 2- 1502.A are not Community Development Board — July 17, 2007 FLD2007 -02003 — Page 2 of 9 applicable. Access to the three day -slips dock on the west side is from a sidewalk basically along the seawall, which exists today to an existing dock, from the sidewalk within the Mandalay Avenue right -of.- way. Access to the majority of the docks is proposed from the parking lot close to the Beach Recreation Center on the east side of the property, accessed from Bay Esplanade. Bay Esplanade is not an arterial roadway. The proposal includes a reduction to required parking from 24 to zero parking spaces. The adopted Development Agreement and the proposed amended Development Agreement provides a shuttle service from the Sandpearl project for persons needing to access their boats in one of the leased Sandpearl slips. Boat owners and their guests are required to park their vehicles at the Sandpearl project and either use the shuttle service or walk to the docks. Boat owners who live within the specified geographical area set out in the amended Development Agreement and who have leased one of the Sandpearl slips are expected to walk from their residences to the boat dock or to utilize the shuttle service. The specified geographic area is small enough and within close proximity of these docks to justify the parking reduction, as well as requiring parking at the Sandpearl project if parking is necessary by the boat owner or guests. Parking at this City site is metered with a maximum length of stay of five hours, where violators are ticketed each hour. Parking in this public parking lot is enforced 8:00. am to 6:00 pm Monday through Saturday and 12:30 pm to 6:00 pm on Sunday. Access to the docks from the City parking lot and required fire lines for the docks will be on the upland portion of the site. Due to the existence of existing trees and other plantings, as well as water, sewer and irrigation lines, modification of the access and fire line may be necessary at the permitting stage of development. The applicant will work with the City's Parks and Recreation Department to minimize interference with these upland features. Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated with the subject property. COMPLIANCE WITH STANDARDS: With regards to setbacks, the dimensional standards criteria set forth in Section 3- 601.C.3.h of the Community Development Code state that docks shall be located no closer to any property line as extended into the water than the distance equivalent to ten percent of the width of the waterfront property line. The width of the waterfront property line is 1,024 feet; therefore the proposed dock must be set back from the east and west property lines a minimum of 102.4 feet. As proposed, the dock will be set back from the west and east property lines in excess of this requirement with distances of 129 feet and 298 feet (from the east end of the dock to the property line at Bay Esplanade), respectively. With regards to length, commercial docks shall not extend from the mean high water line or seawall of the subject property more than 75 percent of the width of the subject property as measured along the waterfront property line; thus the length of the dock cannot exceed 768 feet. As proposed, the dock has a maximum length of 164 feet. The docks, as designed, extend beyond the 25 percent of the waterway. The proposal includes a deviation to allow the length of the docks and tie poles to exceed the 25 percent of the width of the waterway. The docks extend beyond this 25 percent waterway line by 69 feet at its maximum point. This waterway between the subject property and Belle Harbor to the south is an artificial basin created by the filling of submerged lands in 1926. Historically, this basin has been developed with a covered docking facility from approximately 1942 to 1973. The Belle Harbor docks were constructed in 2003 (approved by the CDB on September 17, 2002, under FLD2002- 07020). Within this basin the Belle Harbor docks extend from their seawall 40 feet into the water. Between these proposed docks and the existing Belle Harbor docks there will be a minimum navigational clearance of 77 feet at its closest location, exceeding the 50 -foot clearance recommended by the U.S. Fish and Community Development Board — July 17, 2007 FLD2007 -02003 — Page 3 of 9 0 • Wildlife Service and the Army Corps of Engineers. The City's Harbor Master does not have any navigational issues. The same threshold that applies to length also.applies to width; therefore the width of the proposed dock cannot exceed 768 feet. The dock has a proposed width of 720 feet; thus compliance with this standard is achieved. While not consistent with existing, older and shorter docks, the proposed docks are consistent with newer docks required to meet today's Codes, wherein the length takes into account the water depth at mean lot water. The following table depicts the development proposals consistency with the standards and criteria as per Section 3- 601.C.3.h of the Community Development Code: I See Analysis for discussion of consistency /inconsistency COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal • with the Flexibility criteria as per Section 2- 1502.A of the Community Development Code (Marinas): Standard Proposed Consistent Inconsistent Setbacks 10% of the width of the subject East: 298 feet X a. The north end of Clearwater Beach; (Minimum) property (102.4 feet) West: 129 feet X Length 5% of the width of the subject 164 feet maximum from mean high X1 (Maximum) property (768 feet) water line f. The southern edge of Alligator Lake. Width 5% of the width of the subject 720 feet X Maximum roe 768 feet be permitted on any parcel of land. I See Analysis for discussion of consistency /inconsistency COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal • with the Flexibility criteria as per Section 2- 1502.A of the Community Development Code (Marinas): See Analysis for discussion of consistency /inconsistency. Community Development Board — July 17, 2007 FLD2007 -02003 — Page 4 of 9 Consistent Inconsistent 1. The parcel proposed for development is not located in areas identified in the X1 Comprehensive Plan as areas of environmental significance including: a. The north end of Clearwater Beach; b. Clearwater Harbor grass beds; c. Cooper's Point; d. Clearwater Harbor spoil islands; e. Sand Key Park; f. The southern edge of Alligator Lake. X1 2. No commercial activities other than the mooring of boats on a rental basis shall be permitted on any parcel of land. N/A N/A 3. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient perking or improved design and appearance. X' 4. The use of the parcel proposed for development will not involve direct access to an arterial street. See Analysis for discussion of consistency /inconsistency. Community Development Board — July 17, 2007 FLD2007 -02003 — Page 4 of 9 • • COMPLIANCE WITH FLEXIBILITY CRITERIA FOR COMMERCIAL DOCKS (SECTION 3- 601.C.3.a-g): The development proposal has been found to be consistent with the criteria for commercial docks. Specific responses to each of these criteria have been provided by the applicant and are included with their application. The individual criteria for commercial docks are set forth in the following table: 1 See Analysis for discussion of consistency /inconsistency. Community Development Board — July 17, 2007 FLD2007 -02003 — Page 5 of 9 Consistent Inconsistent 1. The proposed dock shall be subordinate to and contribute to the comfort, X' convenience or necessities of the users or the occupants of the principal use of the property. 2. The proposed dock shall be in harmony with the scale and character of adjacent X' properties and the neighborhood in general. 3. The proposed dock shall be compatible with dock patterns in the general vicinity. X 4. Impacts on Existing Water Recreation Activities. The use of the proposed dock X1 shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, it shall not hinder or discourage the existing uses of the adjacent waterway by uses including but not limited to non- motorized boats and motorized boats. 5. Impacts on Navigation. The existence and use of the proposed dock shall not have a X1 detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. 6. Docks shall be sited to ensure that boat access routes avoid injury to marine X grassbeds or other aquatic resources in the surrounding areas. 7. Docks shall not have an adverse impact upon natural marine habitats, grass flats X suitable as nursery feeding grounds for marine life, or established marine soil suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life; manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat. 8. All turning basin, access channels, boat mooring areas and any other area associated X with a dock shall have adequate circulation and existing water depths to ensure that a minimum of a one foot clearance is provided between the lowest member of a vessel (e.g. skegs, rudder, prop) and the bottom of the water body at mean or ordinary low water ( -0.95 NGVD datum). 9. The dock shall not effectively cause erosion, extraordinary storm drainage, shoaling X of channels, or adversely affect the water quality presently existing in the area or limit progress that is being made toward improvement of water quality in the area in which the dock is proposed to be located. 10. The dock shall not have a material adverse impact upon the conservation of X wildlife, marine life, and other natural resources, including beaches and shores, so as to be contrary to the public interest. 11. The dock shall not have an adverse impact on vegetated areas; vegetative, terrestrial, X or aquatic habitats critical to the support of listed species providing one or more of the requirements to sustain their existence, such as range, nesting or feeding grounds; habitats which display biological or physical attributes which would serve to make them rare within the confines of the City; designated preservation areas such as those identified in the comprehensive land use plan, national wildlife refuges, Florida outstanding waters or other designated preservation areas, and bird sanctuaries. 12. Impacts on Wetlands Habitat/Uplands. The dock shall not have a material adverse X affect upon the uplands surrounding. 1 See Analysis for discussion of consistency /inconsistency. Community Development Board — July 17, 2007 FLD2007 -02003 — Page 5 of 9 • • COMPLIANCE WITH FLEXIBILITY CRITERIA FOR MARINAS AND MARINA FACILITIES (SECTION 3 -603): The development proposal has been found to be consistent with the criteria for marinas and marina facilities. Specific responses to each of these criteria have been provided by the applicant and are included with their application. The individual criteria for commercial docks are set forth in the following table: I See Analysis for discussion of consistency /inconsistency. COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per Section 3 -913.A of the Community Development Code: Consistent Inconsistent 1. All proposed activities including, but not limited to, fueling, pumping -out, X] chartering, living- aboard, launching, dry storage and the servicing of boats, motors and related marine equipment shall require approval in accordance with the X provisions of the zoning district in which the marina or marina facility is proposed to be located. X 2. For marina facilities located adjacent to residential districts, no fueling or launching X] facilities shall be located within 20 feet of the residential property line, and no X fueling or servicing of boats shall occur at such marinas after 9:00 p.m. or before X 6:00 a.m. 3. No fuel storage facility or sanitary pump -out station holding tank shall be located X over water. 4. The marina shall pose no hazard or obstruction to navigation, as determined by the X� city harbormaster. 5. The marina shall not adversely affect the environment, including both onshore and X1 offshore natural resources. 6. Adequate sanitary facilities shall be provided landside and a sanitary pump -out station X shall be provided and shall be available to marina users 24 hours a day. 7. A manatee protection plan shall be provided and appropriate speed zone signs shall X be posted to control boat speed for manatee protection. 8. Adequate spill containment areas shall be provided on the property. X 9. Design of the marina shall maintain existing tidal flushing and aquatic circulation X patterns. 10. In the event of conflict between these standards and federal or state law or rules, the X federal or state law or rules shall apply to the extent that these standards have been preempted; otherwise, the more stringent regulations shall apply. I See Analysis for discussion of consistency /inconsistency. COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per Section 3 -913.A of the Community Development Code: Community Development Board — July 17, 2007 FLD2007 -02003 — Page 6 of 9 Consistent Inconsistent 1. The proposed development of the land will be in harmony with the scale, bulk, X coverage, density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of X adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X 5. The proposed development is consistent with the community character of the X immediate vicinity. Community Development Board — July 17, 2007 FLD2007 -02003 — Page 6 of 9 0 0 Consistent Inconsistent 6. The design of the proposed development minimizes adverse effects, including X visual, acoustic and olfactory and hours of operation impacts on adjacent properties. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of April 5 and June 7, 2007, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: 1. That the 4.26 acres is located at the southeast corner of the intersection of Mandalay Avenue and Bay Esplanade; 2. That the site is currently developed with the Clearwater Beach Recreation Center, with a recreation building on the east with basketball courts, pool and tennis courts on the west and a parking lot between; 3. That on January 20, 2005, City Council approved Development Agreement Case No. DVA2004- 00005 in conjunction with Case No. FLD2004 -09068 for the property at 470 and 500 Mandalay Avenue and 11 Baymont Street to construct the Sandpearl project, a mixed use (overnight accommodation units, attached dwellings and retail sales and services). A portion of the adopted Development Agreement included the establishment of a maximum of 57 boat slips in the submerged lands adjacent to the Clearwater Beach Recreation Center; 4. That the site has approximately 1,024 feet of waterfront frontage on Clearwater Harbor; 5. That the development proposal consists of the construction of a 11,343 square -foot, 42 slip dock, of which 27 slips will be leased to the Sandpearl project and 15 slips will be designated to serve the public; 6. That a companion application to amend the adopted Development Agreement to update the site plan and provisions to reflect the proposed dock design and the reduced number of slips under this application is also on the July 17, 2007, CDB agenda for recommendation to City Council (Case No. DVA2007- 00002); 7. That, while the docks are on City property and will be owned by the City, the Development Agreement allows the developer of the Sandpearl project to construct the docks at their expense; 8. That of the 27 slips to be leased to the Sandpearl project, there are three day -slips on the west side designated for use by the Sandpearl hotel that will not be leased to others; 9. That 24 of the slips are to be leased to owners, tenants and guests of the Sandpearl project, including Beach Club members and other owners and tenants that own or lease residences within the geographical area bordered on the west by the Gulf of Mexico, on the east by Clearwater Bay, on the north by Rockaway Street and on the south by Papaya Street; 10. That since slips are to be leased to individuals the docks are deemed a marina; 11. That the 15 public day slips will be open and available to the public from 5:00 am to midnight; 12. That the proposal includes a reduction to required parking from 24 to zero parking spaces for those 24 slips to be leased to owners, tenants and guests of the Sandpearl project, including Beach Club members and other owners and tenants that own or lease residences within the specified geographical area; 13. That the adopted Development Agreement and the proposed amended Development Agreement provides a shuttle service from the Sandpearl project for persons needing to access their boats in one of the leased Sandpearl slips; 14. That the proposed dock meets the required setbacks and width criteria of the Code; 15. The proposal includes a deviation to allow the length of the docks and tie poles to exceed the 25 percent of the width of the waterway by 69 feet at its maximum point; Community Development Board — July 17, 2007 FLD2007 -02003 — Page 7 of 9 16. That the waterway between the subject property and Belle Harbor to the south is an artificial basin that had a covered docking facility from approximately 1942 to 1973; 17. That the Belle Harbor docks, constructed in 2003, extend from their seawall 40 feet into the water; 18. That between these proposed docks and the existing Belle Harbor docks there will be a minimum navigational clearance of 77 feet at its closest location, exceeding the 50 -foot clearance recommended by the U.S. Fish and Wildlife Service and the Army Corps of Engineers; and 19. That there are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That the adopted Development Agreement between the City and Sandpearl developers, as well as the proposed amended Development Agreement for consideration on the same July 17, 2007, CDB agenda, included the establishment of boat slips in the submerged lands adjacent to the Clearwater Beach Recreation Center; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2- 1502.A of the Community Development Code (Marinas); 3. That the development proposal is consistent with the commercial dock review criteria as per Section 3- 601.C.3 of the Community Development Code; 4. That the development proposal is consistent with the marina review criteria as per Section 3 -603 of the Community Development Code; and 5. That the development proposal is consistent with the General Applicability criteria as per Section 3- 913.A of the Community Development Code. Based upon the above, the Planning Department recommends APPROVAL of the Flexible Development application to permit in the submerged lands adjacent to the Clearwater Beach Recreation Center a 42- slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) of 11,343 square feet with a deviation to allow the docks and tie poles to exceed the 25 percent of the width of the waterway and a reduction to required parking from 24 to zero spaces, under the provisions of Sections 2- 1502.A, 3- 601.C.3 and 3 -603, with the following conditions: Conditions of Approval: 1. That approval of this Flexible Development case is subject to the approval of a Development Agreement with the City (Case DVA2007- 00002); 2. That a building permit to install the fire hydrants and fire risers for the docks, acceptable to the Fire and Parks and Recreation Departments, and upland sidewalk be submitted prior to Planning Department sign -off on the County dock permit application. Prior to completion of the docks, the fire riser and upland sidewalk permit shall be finalized; 3. That the docks be handicap accessible. Compliance with this requirement shall be shown on plans prior to the issuance of any permits; 4. That a tree survey, with canopies, be submitted prior to the issuance of the upland building permit, and that these trees be shown on the upland site plan to minimize conflicts with the required fire line and access to the docks. In the event there are impacts with existing tree root systems, the developer shall provide a tree aeration system acceptable to the City; 5. That there be no live- aboard vessels in any of the slips, no fueling facilities and no domestic sewage pump -out facilities at this site; 6. That one or more of the public use slips may be used in the future for a City fire boat or other public purpose vessels, as provided for in the Amended Development Agreement #DVA2007- 00002; 7. That boats moored at the 24 Sandpearl Resort slips be in compliance with the Rental Agreement, as approved by City Council through the Amended Development Agreement #DVA2007- 00002; Community Development Board — July 17, 2007 FLD2007 -02003 — Page 8 of 9 • • 8. That lighting be provided at the ends of the docks for night visibility; 9. That signage be permanently installed on the docks and at the entrance to the docks listing the emergency contact phone numbers for both dock tenants, the general public and local residents to report concerns of public safety and environmental protection; 10. That boat lifts shall only be permitted in the Sandpearl leased slips, in a number and location complying with the Amended Development Agreement #DVA2007- 00002; 11. That signage be permanently installed on the docks or at the entrance to the docks containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; and 12. That a copy of the SWFWMD and/or FDEP Permit and Corps of Engineer's Permit, if applicable, be submitted to the Planning Department prior to commencement of construction. Prepared by Planning Department Staff: /V - /,4& Wayne /. Wells, AICP, Planner IlI ATTACHMENTS: ❑ Location Map ❑ Aerial Map ❑ Zoning Map ❑ Existing Surrounding Uses Map ❑ Photographs of Site and Vicinity S: (Planning DepartmenhC D BIFLEX (FLD)IPending cases)Up.for the next CDBIBay Esplanade 69 Clrwtr Recreation Docks (1) - 7.17.07 CDB - WWIBay Esplanade 69 StaffReport.doc Community Development Board — July 17, 2007 FLD2007 -02003 — Page 9 of 9 0 • ACACIA ST SOMERSET ST Z _ O CAMBRIA w IDLEWILD D GLENDALE ROYAL AY NPR�R pPE HEILWOOD O BAY 3 AVALON m KENDALL Juanka Z C Z ❑Oa N p BAY PLANADE m N.tl PPS ROCKAWAY PROJECT S`N Ambler SITE pP� BAYMONT ST lu w Q O SAN M CO SKIFF p0� O U h�H POINT O PAPAYA ST } ~i DORY PASS) tS Z o Pier 60�� Causeway Blvd WINDW Location Map Owner: City of Clearwater Case: FLD2007 -02003 Site: 69 Bay Esplanade Property Size(Acres): 4.26 PIN: 05/29/15/00000/330 /0100 Atlas Page: 258A • ✓ F r y � 8 0 r r y Of i J •,r„ J y r Y L 13 - Aerial Map Owner: City of Clearwater Case: FLD2007 -02003 Site: 69 Bay Esplanade Property 4.26 Size(Acres): PIN: 05/29/15/00000/330 /0100 Atlas Page: 258A • 13 12 N h 612 L 6 - —— .� 10 11 612 621 5 - 610 D mhbkao 610 ST 3 9 J7� Iyy (�,�/ � J 606 9 12 608 -< 8 �--� 61 v y 2 6 N t 7 t 9 8 I 6 605 a — 0 3 8 13 606 -< — D Z 3 6607 2 1 4 111 605 ' L J I I z 60 A 1 7 14 t 584 D m 1 J 13 12 t 585 583 6 59 9 r KENDALL ST I I 4 581 10 579 5 580 P N M 603 1 ml 16 574 6 7 8 19 co N 579 A 4 79 9 5 579 17 1� 12 11 810 L J 5 602 �I —i � — 18 566 4 _5573 L54810 _I 2 X19 1 5q\ 1 r t ail v avot OS/ L` J 534 4.13 Ac« it Q 532 J Q Z P � M 5 530 8 7 52 J HDR — N 52 r— 06 449 51 PHASE PHASE Tt � Zoning Map Owner: City of Clearwater Case: FLD2007 -02003 Site: 69 Bay Esplanade Property Size(Acres): 4.26 PIN: 05/29/15/00000/330 /0100 Atlas Page: 258A ,2 „ N N N J661 I �J L _ _ _I ,0 612 62+ 610 D 0 $ 7 Ir � — — — lr�lrk 6206 s { 6 $ 6 ,z 606 1 o 0 _ -- n 6 1 9 the 8 + I I I e8 605 -o ,+ 3 t,3 6o6 7 i$ soy I 2 160 I ccomm dation y ccoinm da ' 1 12 1 , ,3 N NID M I 1 C 584 0 , 6 599 $ r 3 a Q 10 < 581 579 580 o I 60 Q m 5 16 9 574 5579 y Chtlfth Voq n ,7 602 8 7 1 Tl R ail 5 5a 71 cotpm alqu 8— I M Q. 54410 aT®s a —I —J 7 — r 2 � 19 4 60 >s W 60 561 � $ 51792 $ 4.13 Acp Q Park > Q 53 0 a gr� M ' 530 5 ffices 8 7 52 L J Attached N 5z 5f dwellings F— X449 M PHASE r - - PHASE - - Overnig 100 accomm atio s nor- -- -- - - - - -- i Existing Surrounding Uses Map Owner: City of Clearwater Case: FLD2007 -02003 Site: 69 Bay Esplanade Property Size(Acres): 4.26 PIN: 05/29/15/00000/330 /0100 Atlas Page: 258A View looking east at the Beach Recreation Center on the east side of the subject property View looking east from the west side of the subject property at the proposed dock area View looking east at proposed dock area at the south side of the pool building View looking southwest at the Beach Pool View looking east from the west side of the subject property at docks for Belle Harbor to the south of tl subject property 69 Bay Esplanade FLD2007 -02003 Page 1 of 2 • ..n g -�" At f�fy• a - y I i' 9 €I � 3 €€ � r • �� a'1__�raa.r. r.�.:f.....sa� ... ;w View looking southwest at proposed dock access area from the upland of the subject property (Belle Harbor in background) View of docks on east side of Belle Harbor across from subject property 69 Bay Esplanade FLD2007 -02003 • .ri�ASU r w 91FO � N AN View looking west at proposed dock area from southeast side of Beach Recreation Center (Belle Harbor and their docks on left) II View of parking lot west of Beach Recreation Center at approximate location of dock access Page 2 of 2 0 0 ,- Y' -_ Conditions Associated With �,. I Tom; DVA2007 -00002 500 MANDALAY AVE ERti�, rE , Harbor Master Condition Wayne Wells, AICP 727 - 562 -4504 05/30/2007 6/7/07 - WW it was agreed that the following would be added as a condition of approval on the FLD case at 69 Bay Esplanade. 5/30/07 - WW I have .read the subject amendment in its entirety and find it in keeping with intent of the original document with adjustments made out of consideration for neighboring properties. While the requirement to provide (Article 2 section 2.03 Scope, Subparagraph 6) (on page 10 in the copied I reviewed) Where it states the Developer shall also provide an employee assigned to respond to problems at the boat docking facilities on a 24/7 per week basis, it does not provide the means by which the public of the city would contact the designated employee. My concern here is that in responding to concerns of citizens both for the City Marina and the airpark, providing a phone number for direct access to a person authorized to act and or respond as necessary has served the city well and resolved citizen concerns /complaints quickly. The default process would lead the general public to call the police or the city marina and delay response to an incident of perhaps urgent nature. A posted listing of emergency phone numbers for both dock tenants, the general public and local residents would go a long way to head off initial problems as the boating public becomes accustomed to the hours of operation, local resident and community concerns for both public safety and environmental protection. (Bill Morris) Zoning Condition Wayne Wells, AICP 727- 562 -4504 Not Met 05/30/2007 6/22/07 - WW Not Met Ensure this is included as a condition on FLD2007- 02003. 5/30/07 - WW Section 2.03.3 - This section does not require lighting on the City Slips. In concert with FLD2007- 02003, lighting at the ends of the docks, including the City Slips, is advisable for a night visibility /safety purpose. Advise /revise as appropriate. CaseConditons Print Date: 06/22/2007 Page 1 of 1 ` Wells, Wayne - From: Jayne E. Sears [JayneS @jpfirm.com] Sent: Monday, June 25, 2007 10:00 AM To: Wells, Wayne Cc: Ryan Oliver; Ed Armstrong; Gail Cooper; johnh @jmcdev.com Subject: RE: DRC- FLD2007 -02003 - Boat Docks at the Clearwater Beach Recreation Center Importance: High Thanks Wayne. Regarding # 3, the developer will agree to a condition stating that should field staking of the boardwalk at its proposed location indicate any impact to the existing tree root system, the applicant will provide a tree aeration system acceptable to the City. If you need anything additional in order to schedule for CDB, please let me know. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461 -1818 Fax: (727) 462 -0365 - - - -- Original Message---- - From: Wayne.Wells@myClearwater.com [ mailto :Wayne.Wells@myClearwater.com] Sent: Sunday, June 24, 2007 5:12 PM To: Jayne E. Sears ' Subject: FW: DRC- FLD2007 -02003 - Boat Docks at the Clearwater Beach Recreation Center Jayne - This change came in late Friday afternoon after I had already left for the day. Wayne > - - - -- Original Message • From: Chin, Leroy • Sent: Friday, June 22, 2007 4:17 PM • To: Reid, Debbie; Wells, Wayne; Murphree, Brian; Albee, Rick; Sullivan, Robert "Scott" • Cc: Kader, Art; Dowd, Larry; Dunbar, Kevin E. • Subject: RE: DRC- FLD2007 -02003 - Boat Docks at the Clearwater Beach Recreation Center > Debbie I have added an additional option in number 3 in red. > Thanks! > - - - -- Original Message - - - -- * From: Chin, Leroy > Sent:. Friday, June 22, 2007 9:49 AM > To: Reid, Debbie; Wells, Wayne; Murphree, Brian; Albee, Rick; Sullivan, Robert "Scott" • Cc: Kader, Art; Dowd, Larry; Dunbar, Kevin E. • Subject: DRC- FLD2007 -02003 - Boat Docks at the Clearwater Beach 1 Recreation Center > Debbie regards to the conditions to DRC- FLD2007 -02003 - Boat Docks at • the Clearwater Beach Recreation Center would you please clear the • comments previously prior to receiving the large scale plans as met • and place the following new condition on the report. > New Conditions: > 1. Provide tree survey showing or in lieu of tree survey meet on site to determine location of 4" dedicated fire line contract Leroy Chin phone 727 - 562 -4856 > * mangroves > * washingtonia palms > * live oak trees > * include caliper sizes of trees > * canopy drip line of trees > 2. Relocate 4" c -900 DR14 PVC pipe (fire line) minimum 25 feet south of sidewalk (towards the water edge) > * this location will not impact the existing trees > 3. Relocate proposed walkway to docks 175 feet to the west of the proposed location shown on sheet 3 of 6 Fire Line Construction Plan > * This will location will be in the grass area and access can pass between the two cluster of mangroves > * No impact to existing trees where the location proposed will impact existing trees and mangroves > * [Chin, Leroy] Alternative option is to provide a tree aeration system to raise side walk over the existing tree root system acceptable to the city. City will assist with the design of this system. If this option is selected proposed walkway to docks can remain in the existing location shown on the drawings. > 4. Relocate proposed valve box 5 feet west of the requested location of number 3 above or 65 feet west of the proposed location on drawing > * will have no impact on palms > * show actual size of valve box (we assume the valve box is not 601x80' rectangle > 5. Coordinate construction work on upland area of the park property to coordinate location of existing irrigation system. > * Brian Murphree - Supervisor of Landscape Maintenance - Parks & Beautification - phone 727 - 462 -6139 > Thanks! • Leroy Chin • Park, Planning & Project Manager • City of Clearwater - Park & Recreation Dept. • Office Phone: 727 - 562 -4856 • Fax Line: 727- 562 -4856 • E -mail: leroy.chin @myclearwater.com • and remember... your efforts in project development is a place where • it all comes together - a sense of community... > It Starts in Parks. 2 .fit A�� • • �ws, +�,r; Conditions Associated With FLD2007 -02003 69 BAY ESPLANADE rA �►wr'w " Fire Condition Leonard Rickard 562 -4327 x3062 03/19/2007 Provide acknowledgement that NFPA 303 will be adhered to at time of permiting for fire protection Not Met of docks. PRIOR TO CDB 4 -4 -07 Plan that was submited is sufficient. Plan show storz connection and must be 21/2" siamese. this will be taken care. of at permit stage Harbor Master Condition Wayne Wells, AICP 727 - 562 -4504 05/30/2007 1 have reviewed the revised plans and appreciate the sensitivity shown to the concerns of the Not Met adjacent properties. The revised plan contains fewer boat slips than the original plan and places the larger slips and most frequently used "public slips" on the eastern end of the facility to minimize the impact on the both the basin and the neighboring residences. I do have a three concerns, One is the management of the smaller most westward day dock with 3 "day slips" These slips are in an area where the city has traditionally had a public access dock and there may be numerous occasions when this dock is attempted to be occupied by the general public, particularly weekends and after hours. The second is the policing of the docks that are accessible from "behind" if a vessel turns a blind eye toward the "Sea grass Bed No Entry Sign ". The third is the location of the signage and wording for hours of.access for the public use docks. (Bill Morris) Land Resource Condition Rick Albee 727 - 562 -4741 03/23/2007 3/23/07 -If water and electric are proposed, submit a tree survey along the corridor where these Not Met utilities will be run. Submit prior to CDB. 6/5/07 -Show the trees with their canopies on the Fire Line Construction Plan prior to CDB. Additional comments may be forthcoming once this data is received and.reviewed. 6/20/07 -A tree survey, with canopies, is required to be shown on the Fire Line Construction Plan, sheet 3 of 6 prepared by Gaylor Engineering. Insure that the proposed lines are outside of the tree canopies. Submit prior to CDB. Parks & Recs Condition Debbie Reid 562 -4818 06/22/2007 Provide tree survey showing or in lieu of tree survey meet on site to determine location of 4" Not Met dedicated fire line. Contact Leroy Chin at 727 - 562 -4856. Mangroves Washington Palms Live Oak Trees Include Caliper Sizes of Trees Canopy Drip Line of Trees 06/22/2007 Relocate 4" C -900 DR14 PVC pipe (fire line) minimum 25 feet south of sidewalk (towards the Not Met water edge). This location will not impact the existing trees. 06/22/2007 Relocate proposed walkway to docks 175 feet to the west of the proposed location shown on Not Met sheet 3 of 6 Fire Line Construction Plan. This location will be in the grass area and access can pass between the two clusters of mangroves. No impact to existing trees where the location proposed will impact existing trees and mangroves. 06/22/2007 Relocate proposed valve box 5 feet west of the requested location of proposed walkway to docks Not Met or 65 feet west of the proposed location on drawing. Will have no impact on palms. Show actual size of valve box (we assume the valve box is no 60'x80' rectangle). 06/22/2007 Coordinate construction work on upland area of the park property to coordinate location of existing Not Met irrigation system. (Brian Murphree, Supervisor of Landscape Maintenance, Parks & Beautification, phone 727 - 462 -6139) . Print Date: 06/24/2007 Page 1 of 3 CaseConditons ti • FLD2007 -02003 69 BAY ESPLANADE • Zoning Condition Wayne Wells, AICP 727- 562 -4504 02/06/2007 6/24/07 - WW Include as a condition if necessary. 3/28/07 - WW Docks also need to be handicap accessible. Show on plans how this is being accomplished. Also need to address how the proposed sidewalk access affects on -site drainage swale. and landscaping (trees). 3/2/07 - WW The response letter talked about the mangroves and where access walkways could be placed in relation to the mangroves. This does not respond to my question below. Need to provide a plan as to what is requested below and provide written material that provides any information the plans cannot show. 2/6/07 - WW The application material (site plans and written material) does not indicate where the proposed docks tie into any sidewalks or decks at the Recreation Center, showing the relationship to public parking at the Recreation Center, does not show the relationship to the Sandpearl project and how residents or guests of Sandpearl accesses these docks nor does it address fire protection requirements (fire hydrants or fire risers) for these docks. Provide site plans that address these issues. 03/28/2007 6/24/07, 5/29/07 & 3/28/07 - WW Potential condition of approval to be included in the staff report: That there be' no live- aboard vessels in any of the slips, no fueling facilities and no domestic sewage pump -out facilities at this site; 03/28/2007 6/24/07, 5/29/07 & 3/28/07 - WW Potential condition of approval to be included in the staff report: That one of the public use slips may be used in the future for a City fire boat; 03/28/2007 6/24/07 & 5/29/07 - WW Revised potential condition of approval to be included in the staff report: That boats moored at the 24 Sandpearl Resort slips be in compliance with the Rental Agreement, as approved by City Council through the Amended Development Agreement #DVA2007- 00002; 3/28/07 - WW Potential condition of approval to be included in the staff report: That boats moored at the Sandpearl residential condominium -use slips be for the exclusive use by the residents and /or guests of the Sandpearl residential condominiums and not be permitted to be sub - leased separately from the Sandpearl residential condominiums; Not Met Not Met Not Met Not Met 03/28/2007 6/24/07, 5/29/07 & 3/28/07 - WW Not Met Potential condition of approval to be included in the staff report: That a building permit to install the fire risers for the docks and upland sidewalk be submitted prior to Planning Department sign -off on the County dock permit application. Prior to completion of the docks, the fire riser and upland sidewalk permit shall be finalized; 03/28/2007 6/24/07 - WW Include as a condition of approval. 5/29/07 - WW Response on May 4, 2007, is unclear. Do you mean that the Access Walkway #2 will be constructed as part of the dock and will be of wood construction? Response refers to revised grading (assumed of the upland area) of the existing sidewalk for handicap accessibility will be done after the construction of the docks. Unclear of what grading of the existing sidewalk is referred to, much less who is constructing such regraded sidewalk. Also unclear is how any regrading will affect the existing drainage swale on the upland. Advise /revise. 3/28/07 - WW Potential condition of approval to be included in the staff report: Not Met CaseConditons Print Date: 06/24/2007 Page 2 of 3 FLD2007 -02003 69 BAY ESPLANADE Zoning Condition Wayne Wells, AICP 727 - 562 -4504 That sidewalk access be provided on the upland to the dock, which must be handicap accessible. A building permit for the sidewalk construction shall be submitted prior to Planning Department sign -off on the County dock permit application. Prior to completion of the docks, the sidewalks permit shall be finalized; 03/28/2007 6/24/07, 5/29/07 & 3/28/07 - WW Not Met Potential condition of approval to be included in the staff report: That signage be permanently installed on the docks or at the entrance to the docks containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; 03/28/2007 6/24/07, 5/29/07 & 3/28/07 - WW Not Met Potential condition of approval to be included in the staff report: That a copy of the SWFWMD and /or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. 03/28/2007 6/24/07 - WW Not Met Include as a condition of approval. 5/29/07 - WW The request is for lighting at the ends of the docks for night visibility. Per the Amended Development Agreement (DVA2007- 00002) in Section 2.03.3, the Developer is to install lighting on the docks, which would appear to be more lighting than what has been requested as a visibility /safety item. 3/28/07 WW Potential condition of approval to be included in the staff report: That lighting be installed at the ends of the docks to make the docks more visible to recreational boaters, slip owners and slip owners at Belle Harbor to find their slips at night; CaseConditons Print Date: 06/24/2007 Page 3 of 3 LI Wells, Wayne • From: Kambourolias, Sam Sent: Friday, July 06, 2007 1:34 PM To: Wells, Wayne Subject: FLD2007 -02003 a R AERIAL.doc EXISTING.doc FLD Map request LOCATION.doc form.doc Sam Kambourolias GIS Tech. (727) 562 -4769 www.myclearwater.com i ZONING.doc 0 0 Wells, Wayne From: Wells, Wayne Sent: Monday, July 02, 2007 6:33 PM To: Kambourolias, Sam Cc: Herman, Jason Subject: Map Request for FLD2007- 02003, 69 Bay Esplanade Sam - Attached is a map request for Case FLD2007 -02003 for the property at 69 Bay Esplanade. I will, bring over the paperwork. The survey you may keep. Thanks- Wayne FLD Map request form.doc • Flexible Development Application - Map Request Planner Name: Wayne Wells Case Number: FLD2007 -02003 Date Requested: July 3, 2007 Date Requested for (date): July 10, 2007 Maps Requested X❑ Location Map X❑ Aerial Map X❑ Zoning Map X❑ Existing Surrounding Uses Map Required Documents to be submitted to Engineering X❑ Legal Description X❑ Survey X❑ Map with Proposed Site Highlighted Map Name Owner: City of Clearwater I Case: FLD2007 -02003 Site: 69 Bay Esplanade j Property j Size(Acres): 4.26 PIN: 05/29/15/00000/330 /0100 Atlas Page: 258A i q e„ i fs ""low PLPL007op OZ003 J 249A ASTER ST x W OClearwater . . ........ .......... z wvr °m z .. ", •' a� \.1 Pre pared by: . 8 n-l) ° .roe' Department Geographic Technology Division 10IS Myrtle Ave, Clearwater, FL 33756 ^ L ,l . Ph: (727)562 4750, Fax: (727)526 -0755 j 3 www.Myclearwater.com 1 — r— r �° t 1= "+-+�' c=' — "1 1 • 1 a P�era ir,rwmar ROala Erg alumaneo ey lna city orclaarwafer irreerb,g Der-- admaa°he aGG vfee anapaea r —' e SOMERSET I15 9Ix' W'� er Ua rac�rem wan Iha pnaersrapoina mal fha Bala reaai°ae es cplleNed for (M1e purpose of tlevebpnga gmpnic I . I , r T O nlras°vcfare invenbry AS nNe Cityp /Llearwalormakes rb warranlbs expre M pl a0, conreming the atturacy. wmpleleness raliabllir l D(lyo Bala /o -any is a r ofherpaNCpler use F eGy pl Cbarwafer r A�,m (l,s ':1- „- rsuse oispcn aanw < ^ 1 inch equals 200 feet ° r — t. k I w 200 100 0 200 Feet DLEwILk ST I_ e Y sre,I Legend l o a w X City Owned Property GLENDALE ST • Agreement to Annex GULF Div "s J SUB NUMBER (' - Refer to Plat) OF - BLOCK NUMBER MExlco _ HIS-0 ST i d' 3 ,y .. MANDA N SUB PARCEL NUMBER O L 001 m a 03 O PARCEL NUMBER (M &B) ., Lo :.STwa Aw ° 1 g g .j�l ' - -_, LAND HOOK (COMMON OWNERSHIP) lX l. X _ CHUB I PLATTED SUBDIVISION BOUNDARY COUNTY HIGHWAY - �� '� STATE HIGHWAY U.S. HIGHWAY Outside City of Clearwater AGE RESIDENTIAL DISTRICTS 1 % T LDR -Low Density Resbenlial l.' "`' ...,1 y ° ■/� LNOR -Mum D—ty Resl —I ora ON etl l MHDR -Madam Hgh Density ResMential H Density Resitlential _ I ul .till HDR - MHP -M.bie HOma Park X CRNLOD - Cwchman Rid9a Neigh —md Conservation l ,a IENCOD - Inl nd ESlates NeghbmMOd GDnsa,vation Ovedey DiNnd R Os /R y� 11 SPECIAL USE DISTRICTS COMMERCIAL DISTRICTS = luwrir Si IRT . hd,r,k Resea,tl: aN iaMndagy 0 -ORCe I - InatN,NUnaI T - tourism OSR Open Ew-RecreaS—I — - C- Cwnmardal P - P..'... Area D - Downtown ,„ LJ Zoning Atlas �Ei - - - -- — ri H. __ ._____ .. ...... _ .. _..... __. ';...__ .... Jun 12, 2007 + -� - -- - -_ - -J On SW 114 of 5 -29 -15 J 267A 258A J Wells, Wayne • From: Wells, Wayne Sent: Monday, June 25, 2007 6:44 PM To: Dougall- Sides, Leslie Cc: Akin, Pam; Delk, Michael; Clayton, Gina; Thompson, Jean Subject: FW: July 17, 2007, CDB Advertising Importance: High As an addendum to Case 1, 1 have changed the end of the Request to state "under the provisions of Sections 2- 1502.A, 3- 601.C.3 and 3- 603 ". - - - -- Original Message---- - From: Wells, Wayne Sent: Monday, June 25, 2007 6:17 PM To: Dougall- Sides, Leslie Cc: Akin, Pam; Delk, Michael; Clayton, Gina; Thompson, Neil Subject: July 17, 2007, CDB Advertising Importance: High Leslie - We have sent/are sending the July 17, 2007, CDB agenda to the City Clerk's office for advertising. Regarding the docks at the Clearwater Beach Recreation Center for the Sandpearl project, I am just trying to be cautious regarding proper wording for the requests. Following is what I have put in the agenda: 1. Case: FLD2007 -02003 - 69 Bay Esplanade Level Two Application Owner /Applicant: City of Clearwater. Representative: E. D. Armstrong III, Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP (P.O. Box 1368, Clearwater, FL 33757; phone: 727 - 461 -1818; fax 727 - 441 -8617; e-mail: ed@,jpfirm.com <mailto:ed@jpfirm.com >). Location: 4.26 acres located at the southeast corner of the intersection of Mandalay Avenue and Bay Esplanade. Atlas Page: 258A. Zoning District: Open Space/Recreation (OS/R) and Preservation (P) Districts. Request: Flexible Development approval to permit in the submerged lands adjacent to the Clearwater Beach Recreation Center a 42 -slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) of 11,343 square feet with a deviation to allow the docks and tie poles to exceed the 25 percent of the width of the waterway and a reduction to required parking from 24 to zero spaces, under the provisions of Section 3- 601.C.3. Proposed Use: Docks of 39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort. Neighborhood Association: Clearwater Beach Association (Jay Keyes, 100 Devon Drive, Clearwater, FL 33767; phone: 727 - 443 -2168; email: papapMhy@aol.com <mailto•papamurphy@aol com >); Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Wayne M. Wells, AICP, Planner 111. 2. Case: DVA2007 -00002 - 470 and 500 Mandalay Avenue and 11 Baymont Street Level Three Application Owner /Applicant: The Sandpearl Resort, LLC and The Residences at Sandpearl Resort, LLC. Representative: E. D. Armstrong III, Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP (P.O. Box 1368, Clearwater, FL 33757; phone: 727 - 461 -1818; fax 727 - 441 -8617; e -mail: ed@jpBrm.com <mailto:ed @ jpfirm.com >). Location: 9.77 total acres (hotel site 7.36 acres [3.69 acres zoned Tourist District; 3.67 acres zoned Open Space/Recreation District; residential site 2.41 acres) located on the west side of Mandalay Avenue between San Marco and Ambler Streets. Atlas Page: 267A Request: Review of, and recommendation to the City Council, of an amendment to an adopted Development Agreement between The Sandpearl Resort, LLC (formerly known as CBR Development I, LLC) and The Residences at Sandpearl Resort LLC formerl known as CBR Development II, LLC) anddOe City of Clearwater (previously p ( Y p DVA2004 -00005 approved by City Council on January 20, 2005) relating to the provision of a 42 -slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) in the submerged lands adjacent to the Clearwater Beach Recreation Center. Proposed Use: Mixed use (253 overnight accommodation units at 68.56 units /acre on hotel portion of site and a height of 95 feet, 119 attached dwellings at 49.38 units /acre on residential /retail portion of site and a height of 150 feet and 11,000 square feet of retail sales and. services at a FAR of 0.105 on residential /retail portion of site). Neighborhood Association(s): Clearwater Beach Association (Jay Keyes, 100 Devon Drive, Clearwater, FL 33767; phone: 727 -443 -2168; email: papamuMhyQaol com <mailto•papamurphygaol com >); Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Wayne M. Wells, AICP, Planner III. I have the following questions: 1. Regarding Case 1 above, normally we advertise the upland zoning district because the docks are accessory to the upland development (attached dwellings, hotel, etc.). In this case, the docks are "accessory" to the Sandpearl Resort, which is across Mandalay Avenue. I have added the Preservation District to the request. This was done because, as we have discussed previously with Pam Akin, Ed Armstrong and a group of people, the Development Agreement (Case 2) provides for the leasing of slips to people within a described geographic area, making it a "marina ". As previously discussed, the request would include a reduction to parking for this marina. A marina is not a use listed in the Open Space /Recreation District, but is listed in the Preservation District. This is why I have added the Preservation District to the zoning of the "property ". Is this correct? 2. Regarding Case 2 above, I have added the language "relating to the provision of a 42 -slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) in the submerged lands adjacent to the Clearwater Beach Recreation Center" in the request to explain the reason for the proposed amendment. Is this a correct way of advertising /explaining the proposed change to the Development Agreement? 3. Regarding Case 2 above, I have included only the addresses for the Sandpearl Resort (not including the address for the Clearwater Beach Recreation Center) as previously advertised under DVA2004 -00005 and have included under the "Proposed Use" that which we used previously under DVA2004 -00005 for the Sandpearl Resort proposed uses. Is these sufficient? If you can let me know Tuesday morning if these are correct/sufficient, I would appreciate it as the Clerk's office will be trying to get their advertising done for the cases on the agenda. Thanks. Wayne Wells, Wayne From: Dougall- Sides, Leslie Sent: Tuesday, June 26, 2007 10:31 AM To: Wells, Wayne Cc: Akin, Pam; Delk, Michael; Clayton, Gina; Thompson, Neil Subject: RE: July 17, 2007, CDB Advertising Importance: High Wayne, see my responses to your questions, highlighted in blue below Leslie K. Dougall -Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562 -4010 phone (727) 562 -4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources - - - -- Original Message---- - From: Wells, Wayne Sent: Monday, June 25, 2007 6:17 PM To: Dougall- Sides, Leslie Cc: Akin, Pam; Delk, Michael; Clayton, Gina; Thompson, Neil Subject: July 17, 2007, CDB Advertising Importance: High Leslie - We have sent/are sending the July 17, 2007, CDB agenda to the City Clerk's office for advertising. Regarding the docks at the Clearwater Beach Recreation Center for the Sandpearl project, I am just trying to be cautious regarding proper wording for the requests. Following is what I have put in the agenda: Case: FLD2007 -02003 - 69 Bay Esplanade Level Two Application Owner /Applicant: City of Clearwater. Representative: E. D. Armstrong III, Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP (P.O. Box 1368, Clearwater, FL 33757; phone: 727 - 461 -1818; fax 727 - 441 -8617; e -mail: ed a jpfirm.com <mailto:edQpfirm.com >). Location: 4.26 acres located at the southeast corner of the intersection of Mandalay Avenue and Bay Esplanade. Atlas Page: 258A. Zoning District: Open Space /Recreation (OS/R) and Preservation (P) Districts. Request: Flexible Development approval to permit in the submerged lands adjacent to the Clearwater Beach Recreation Center a 42 -slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) of 11,343 square feet with a deviation to allow the docks and tie poles to exceed the 25 percent of the width of the waterway and a reduction to required parking from 24 to zero spaces, under the provisions of Section 3- 601.C.3. Proposed Use: Docks of 39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort., Neighborhood Association: Clearwater Beach Association (Jay Keyes, 100 Devon Drive, Clearwater, FL 33767; phone: 727 - 443 -2168; email: papampMhyna aol.com <mailto:papamurphygaol.com >); Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Wayne M. Wells, AICP, Planner III. 2. Case: DVA2007 -00002 - 470 and 500 Mandalay Avenue and 11 Baymont Street • Oel Three Application Owner /Applicant: The Sandpearl Resort, LLC and The Residences at Sandpearl Resort, LLC. Representative: E. D. Armstrong III, Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP (P.O. Box 1368, Clearwater, FL 33757; phone: 727- 461 -1818; fax 727 - 441 -8617; e -mail: eda)�jpfirm.com <mailto:edQipfirm.com >). Location: 9.77 total acres (hotel site 7.36 acres [3.69 acres zoned Tourist District; 3.67 acres zoned Open Space /Recreation District; residential site 2.41 acres) located on the west side of Mandalay Avenue between San Marco and Ambler Streets. Atlas Page: 267A Request: Review of, and recommendation to the City Council, of an amendment to an adopted Development Agreement between The Sandpearl Resort, LLC (formerly known as CBR Development I, LLC) and The Residences at Sandpearl Resort, LLC (formerly known as CBR Development II, LLC) and the City of Clearwater (previously DVA2004 -00005 approved by City Council on January 20, 2005) relating to the provision of a 42- slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) in the submerged lands adjacent to the Clearwater Beach Recreation Center. Proposed Use: Mixed use (253 overnight accommodation units at 68.56 units /acre on hotel portion of site and a height of 95 feet, 119 attached dwellings at 49.38 units /acre on residential /retail portion of site and a height of 150 feet and 11,000 square feet of retail sales and services at a FAR of 0.105 on residential /retail portion of site). Neighborhood Association(s): Clearwater Beach Association (Jay Keyes, 100 Devon Drive, Clearwater, FL 33767; phone: 727 - 443 -2168; email: papamurphygaol.com <mailto:papamurphy_@aol.com >); Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Wayne M. Wells, AICP, Planner III. I have the following questions: 1. Regarding Case 1 above, normally we advertise the upland zoning district because the docks are accessory to the upland development (attached dwellings, hotel, etc.). In this case, the docks are "accessory" to the Sandpearl Resort, which is across Mandalay Avenue. I have added the Preservation District to the request. This was done because, as we have discussed previously with Pam Akin, Ed Armstrong and a group of people, the Development Agreement (Case 2) provides for the leasing of slips to people within a described geographic area, making it a "marina ". As previously discussed, the request would include a reduction to parking for this marina. A marina is not a use listed in the Open Space /Recreation District, but is listed in the Preservation District. This is why I have added the Preservation District to the zoning of the "property ". Is this correct? Yes, the Preservation District should be added. 2. Regarding Case 2 above, I have added the language "relating to the provision of a 42 -slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) in the submerged lands adjacent to the Clearwater Beach Recreation Center" in the request to explain the reason for the proposed amendment. Is this a correct way of advertising /explaining the proposed change to the Development Agreement? Yes, this description is legally sufficient to provide notice to the public. 3. Regarding Case 2 above, I have included only the addresses for the Sandpearl Resort (not including the address for the Clearwater Beach Recreation Center) as previously advertised under DVA2004 -00005 and have included under the "Proposed Use" that which we used previously under.DVA2004 -00005 for the Sandpearl Resort proposed uses. Is these sufficient? You could add the Rec Center address to the last portion as follows, but I think it is legally sufficient either way: in the submerged lands adjacent to the Clearwater Beach Recreation Center, If you can let me know Tuesday morning if these are correct/sufficient, I would appreciate it as the Clerk's office will be trying to get their advertising done for the cases on the agenda. Thanks. Wayne Wells, Wayne 9 From: Wells, Wayne Sent: Sunday, June 24, 2007 5:12 PM To: Jayne Sears (E -mail) Subject: FW: DRC- FLD2OO7 -02003 - Boat Docks at the Clearwater Beach Recreation Center Jayne - This change came in late Friday afternoon after I had already left for the day. Wayne - - - -- Original Message---- - From: Chin, Leroy Sent: Friday, June 22, 2007 4:17 PM To: Reid, Debbie; Wells, Wayne; Murphree, Brian; Albee, Rick; Sullivan, Robert "Scott" Cc: Kader, Art; Dowd, Larry; Dunbar, Kevin E. Subject: RE: DRC- FLD2007 -02003 - Boat Docks at the Clearwater Beach Recreation Center Debbie I have added an additional option in number 3 in red. Thanks! - - - -- Original Message---- - From: Chin, Leroy Sent: Friday, June 22, 2007 9:49 AM To: Reid, Debbie; Wells, Wayne; Murphree, Brian; Albee, Rick; Sullivan, Robert "Scott" Cc: Kader, Art; Dowd, Larry; Dunbar, Kevin E. Subject: DRC- FLD2007 -02003 - Boat Docks at the Clearwater Beach Recreation Center Debbie regards to the conditions to DRC- FLD2O07 -02003 - Boat Docks at the Clearwater Beach Recreation Center would you please clear the comments previously prior to receiving the large scale plans as met and place the following new condition on the report. New Conditions: 1. Provide tree survey showing or in lieu of tree survey meet on site to determine location of 4" dedicated fire line contract Leroy Chin phone 727 - 562 -4856 • mangroves • washingtonia palms • live oak trees • include caliper sizes of trees • canopy drip line of trees 2. Relocate 4" c -900 DR14 PVC pipe (fire line) minimum 25 feet south of sidewalk (towards the water edge) • this location will not impact the existing trees 3. Relocate proposed walkway to docks 175 feet to the west of the proposed location shown on sheet 3 of 6 Fire Line Construction Plan • This will location will be in the grass area and access can pass between the two cluster of mangroves • No impact to existing trees where the location proposed will impact existing trees and mangroves • [Chin, Leroy] Alternative option is to provide a tree aeration system to raise side walk over the existing tree root system acceptable to the city. City will assist with the design of this system. If this option is selected proposed walkway to docks can remain in the existing location shown on the drawings. 4. Relocate proposed valve box 5 feet west of the requested location of number 3 above or 65 feet west of the proposed location on drawing • will have no. impact on palms • show actual size of valve box (we assume the valve box is not 60'x80' rectangle 5. Coordinate construction work on upland area of the park property to coordinate location of existing irrigation system. Brian Murphree - Supervisor of Landscape Maintenance - Parks & Beautification - phone 727 - 462 -6139 Thanks! Leroy Chin Park, Planning & Project Manager City of Clearwater - Park & Recreation Dept. Office Phone: 727- 562 -4856 Fax Line: 727 - 562 -4856 E-mail: leroy.chin @myclearwater.com and remember... your efforts in project development is a place where it all comes together - a sense of community... It Starts in Parks. 0 0 Wells, Wayne From: Albee, Rick Sent: Monday, June 25, 2007 1:41 PM To: Elliott, Gayle; DRC Members Subject: RE: Resubmittal for the CDB Meeting on Tuesday, July'17, 2007 300 Belcher- Conditions met. 808 Ewing -No Issues. 699 Bay Esplanade- Updated conditions to be met at building permit. 69 Bay Esplanade- Updated conditions to be met at building permit. 500 Mandalay- No Issues. 1460 Missouri -No Issues. 200 Skiff Point -No Issues. - - - -- Original Message---- - From: Elliott, Gayle Sent: Monday, June 18, 2007 4:30 PM To: DRC Members Subject: Resubmittal for the CDB Meeting on Tuesday, July 17, 2007 Importance: High DRC Members, Plans for the following cases have been resubmitted for the July 17, 2007 CDB Meeting: FLD2007 -05014 - 300 S Belcher - Planner - Wayne Wells FLD2007 -03010 - 808 Ewing Ave - Planner - Robert Tefft FLD2007 -03007 - 699 Bay Esplanade - Planner - Scott Kurleman FLD2007 -02003 - 69 Bay Esplanade - Planner - Wayne Wells DVA2007 -00002 - 500 Mandalay Ave - Planner - Wayne Wells FLD2007 -02006 - 1460 S Missouri Ave - Planner - Wayne Wells FLD2007 -05017 - 200 Skiff Point - Planner - Wayne Wells I Have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (Please do not take it or any of the other copies as they are needed for the CDB members) Please review your comments /conditions for this cases in Permit Plan and determine if they are met. Whether the conditions are "met' or still "not met," please affirm to me via email. Please have these cases reviewed by Thursday June 21, 2007 by 4PM. Thank you, Gayle R Elliott Planning Department Staff Assistant (727) 562 -4582 gayle.elliott@myclearwater.com r e • Wells, Wayne From: Jayne E. Sears [JayneS @jpfirm.com] Sent: Friday, June 22, 2007 5:03 PM To: Wells, Wayne Cc: Gail Cooper; johnh @jmcdev.com; Ryan Oliver; Ed Armstrong Subject: RE: FLD2007 -02003 - Boat Docks at the Clearwater Beach Recreation Center Pursuant to discussions with the Parks and Rec.Dept. on Friday, we believe these issues have been resolved. A field meeting will be conducted for purposes of field staking the proposed locations of the fire suppression system and lines and field staking of the boardwalk leading to the main dock. Revised drawings will be provided, as necessary, demonstrating the locations of the field- staked boardwalk and fire suppression system. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461 -1818 Fax: (727) 462 -0365 - - - -- Original Message---- - From: Wayne.Wells @myClearwater.com [ mailto :Wayne.Wells @myClearwater.com] Sent: Friday, June 22, 2007 11:46 AM To: Jayne E. Sears Subject: FLD2007 -02003 - Boat Docks at the Clearwater Beach Recreation Center Jayne - These are the comments from the Parks and Recreation (P & R) Department. Please forward to the appropriate people. Please see how to address the comments. P & R contact person is Leroy Chin (see phone number below). From a timing aspect, I need to submit the CDB agenda to the Clerk's office Monday afternoon. I will be out of the office this afternoon. Wayne > - - - -- Original Message - - - -- * From: Chin, Leroy > Sent: Friday, June 22, 2007 9:49 AM > To: Reid, Debbie; Wells, Wayne; Murphree, Brian; Albee, Rick; Sullivan, Robert "Scott" > Cc: Kader, Art; Dowd, Larry; Dunbar, Kevin E. >. Subject: DRC- FLD2007 -02003 - Boat Docks at the Clearwater Beach Recreation Center > > Debbie regards to the conditions to DRC- FLD2007 -02003 - Boat Docks at • the Clearwater Beach Recreation Center would you please clear the • comments previously prior to receiving the large scale plans as met • and place the following new condition on the report. > New Conditions: 0 0 > 1. Provide tree survey showing or in lieu of tree survey meet on site to determine location of 4" dedicated fire line contract Leroy Chin phone 727- 562 -4856 > * mangroves > * washingtonia palms > * live oak trees > * include caliper sizes of trees > * canopy drip line of trees > 2. Relocate 4" c -900 DR14 PVC pipe (fire line) minimum 25 feet south of sidewalk (towards the water edge) > * this location will not impact the existing trees > 3. Relocate proposed walkway to docks 175 feet to the west of the proposed location shown on sheet 3 of 6 Fire Line Construction Plan > * This will location will be in the grass area and access can pass between the two cluster of mangroves > * No impact to existing trees where the location proposed will impact existing trees and mangroves > 4. Relocate proposed valve box 5 feet west of the requested location of number 3 above or 65 feet west of the proposed location on drawing > * will have no impact on palms > * show actual size of valve box (we assume the valve box is not 601x80' rectangle > 5. Coordinate construction work on upland area of the park property to coordinate location of existing irrigation system. > * Brian Murphree - Supervisor of Landscape Maintenance - Parks & Beautification - phone 727 - 462 -6139 > > Thanks! • Leroy Chin • Park, Planning & Project Manager • City of Clearwater - Park & Recreation Dept. • Office Phone: 727- 562 -4856 • Fax Line: 727 - 562 -4856 • E -mail: leroy.chin @myclearwater.com • and remember... your efforts in project development is a place where • it all comes together - a sense of community... > It Starts in Parks. 2 Wells, Wayne From: Murphree, Brian Sent: Wednesday, June 20, 2007 3:53 PM To: Chin, Leroy Cc: Kader, Art; Dowd, Larry; Wells, Wayne; Dunbar, Kevin E. Subject: RE: FLD2007 -02003 - Boat Docks at the Clearwater Beach Recreation Center Please consolidate our comments from this afternoon's site visit....... thanks. - - - -- Original Message---- - From: Chin, Leroy Sent: Tuesday, June 19, 2007 5:09 PM To: Murphree, Brian Cc: Kader, Art; Dowd, Larry; Wells, Wayne; Dunbar, Kevin E. Subject: FLD2007 -02003 - Boat Docks at the Clearwater Beach Recreation Center Brian I received large scaled drawings on the boat docks this afternoon that we requested. It is to my understanding these boat docks were approved by City Hall back in 2003 in generalities. These dock will be constructed and majority if not all the slips will be owned by the city and leased out. We need to take a look at the drawings and visit the site to determine how this project can be the least mount of impact to park property. We will need to have our comments in to Wayne Wells for him to complete his report by June 24. Please let me know what your schedule is the next couple of days my schedule is wide open to meet on this project. I have placed the drawings and Parks & Recreation report on conditions in your mailbox. Let me know when it is a good time to meet. Thanks! Leroy Chin Park, Planning & Project Manager City of Clearwater - Park & Recreation Dept. Office Phone: 727- 562 -4856 Fax Line: 727 - 562 -4856 E-mail: leroy.chin @myclearwater.com and remember... your efforts in project development is a place where it all comes together - a sense of community... It Starts in Parks. Wells, Wayne From: Chin, Leroy Sent: Tuesday, June 19, 2007 5:09 PM To: Murphree, Brian Cc: Kader, Art; Dowd, Larry; Wells, Wayne; Dunbar, Kevin E. Subject: FLD2007 -02003 - Boat Docks at the Clearwater Beach Recreation Center Brian I received large scaled drawings on the boat docks this afternoon that we requested. It is to my understanding these boat docks were approved by City Hall back in 2003 in generalities. These dock will be . constructed and majority if not all the slips will be owned by the city and leased out. We need to take a look at the drawings and visit the site to determine how this project can be the least mount of impact to park property. We will need to have our comments in to Wayne Wells for him to complete his report by June 24. Please let me know what your schedule is the next couple of days my schedule is wide open to meet on this project. I have placed the drawings and Parks & Recreation report on conditions in your mailbox. Let me know when it is a good time to meet. Thanks! Leroy Chin Park, Planning & Project Manager City of Clearwater - Park & Recreation Dept. Office Phone: 727- 562 -4856 Fax Line: 727- 562 -4856 E-mail: Ieroy.chin@myclearwater.com and remember... your efforts in project development is a place where it all comes together - a sense of community... It Starts in Parks. • Wells, Wayne From: Rice, Scott Sent: Tuesday, June 19, 2007 9:48 AM To: Wells, Wayne Cc: Elliott, Gayle; Watkins, Sherry Subject: FLD2007 -02003 & DVA2007 -00002 • Wayne Condition of approval for FLD case. None for DVA. Prior to construction, provide copies of Pinellas County Dock Permit and Army Corps of Engineer's permit. Thanks, D. Scott Rice, PE Assistant Engineering Director City of Clearwater (727) 562 -4781 0 Wells, Wayne • From: Elliott, Gayle Sent: Monday, June 18, 2007 4:30 PM To: DRC Members Subject: Resubmittal for the CDB Meeting on Tuesday, July 17, 2007 Importance: High DRC Members, Plans for the following cases have been resubmitted for the July 17, 2007 CDB Meeting: FLD2007 -05014 - 300 S Belcher - Planner - Wayne Wells FLD2007 -03010 - 808 Ewing Ave - Planner - Robert Tefft FLD2007- 03007- 699 Bay Esplanade - Planner - Scott Kurleman FLD2007 -02003 - 69 Bay Esplanade - Planner - Wayne Wells DVA2007 -00002 - 500 Mandalay Ave - Planner - Wayne Wells FLD2007 -02006 - 1460 S Missouri Ave - Planner - Wayne Wells FLD2007 -05017 - 200 Skiff Point - Planner - Wayne Wells I Have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (Please do not take it or any of the other copies as they are needed for the CDB members ) Please review your comments /conditions for this cases in Permit Plan and determine if they are met. Whether the conditions are "met' or still "not met," please affirm to me via email. Please have these cases reviewed by Thursday June 21, 2007 by 4PM. Thank you, Gayle R Elliott Planning Department Staff Assistant (727) 562 -4582 gayle.elliott@myclearwater.com 0 0 Wells, Wayne From: Wells, Wayne Sent: Monday, June 04, 2007 4:17 PM To: Delk, Michael Subject: Sandpearl docks Michael - Once an application is deemed complete by the case planner, Sherry distributes the DRC packages of all items that are on the DRC agenda to the appropriate departments so that the departments can enter review comments on the DRC cases. In this particular case, Debbie Reid is our contact person in the Parks and Recreation Department. These docks were found insufficient at the April 5, 2007, DRC due primarily to timely submittal of the proposed upland fire line for these docks. This was rescheduled for review on the upcoming June 7, 2007, DRC agenda. Scott Sullivan, filling in for the vacationing Rick Albee, contacted Parks and Recreation personnel regarding the proposed upland fire line and its impact on existing landscaping and irrigation lines. Scott was aware of certain impacts due to him previously working for Parks and at the Beach Recreation Center. Parks has since added comments into Permit Plan regarding impacts on existing landscaping and irrigation lines. As the case planner for this case (as well as many others), the Planning Department routes the application materials to our normal contact persons. If more than one person in a department needs to review the application materials, with additional DRC review comments being added from that department, it is up to the individual departments to engage the necessary personnel in their department to adequately ensure proper review of the application materials. I am sending out the Draft DRC comments for this project, which includes the additional Parks and Recreation comments regarding impacts on existing landscaping and irrigation. Wayne 1:25 m Case Number: FLD2007- 02003 -- 69 BAY ESPLANADE P Owner(s): City Of Clearwater Po Box 4748 Clearwater, F133758 %VRML TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Representative: E. D. Armstrong Iii, Esquire Po Box 1368 Clearwater, Fl 33757 TELEPHONE: 727 - 461 -1818, FAX: 727 - 441 -8617, E -MAIL: jaynes @jpfirm.com Location: 4.26 acres located at the southeast corner of the intersection of Mandalay Avenue and Bay Esplanade. Atlas Page: 258A Zoning District: OS/R, Open Space/Recreation Dist Request: Flexible Development approval to permit at the Clearwater Beach Recreation Center a 42 -slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) of 11,343 square feet with a deviation to allow the docks and tie poles to exceed the 25 percent of the width of the waterway and to reduce required parking from 12 spaces to zero spaces, under the provisions of Section 3- 601.C.3. Proposed Use: Parks and recreation facilities Neighborhood Clearwater Beach Association Association(s): Clearwater, F133767 100 Devon Dr TELEPHONE: 443 -2168, FAX: No Fax, E -MAIL: papamurphy @aol.com Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, Fl 33758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Presenter: Wayne Wells, Planner III Attendees Included: City: 4/5/07: Wells, Thompson, Rice, Doherty, Rickert, Morris, Albee; 6/7/07: Wells, Thompson, Rice, Doherty, Rickert, Morris, Albee Applicant: 4/5/07: Steve Williamson, Ryan Oliver, Gail Cooper; 6/7/07: Ed Armstrong, Jayne Sears, Oliver The DRC reviewed this application with the following comments: General Engineering:. 1 . General Note: DRC review is a prerequisite for Building Permit Review, additional comments may be forthcoming upon submittal of a Building Permit Application for utility connection(s) and upland construction. Environmental: 1 COMMENTS ACKNOWLEDGED 4/05/07 Fire: Please submit the following information prior to issuance of a building permit: 1. Acknowledge a mitigation area is existing on the north shoreline at the west end of the Recreation Center parking lot. 2. Provide other agency comments as applicable during permitting. 3. Provide copies of permits from all applicable agencies and submerged land lease prior to commencement of construction. 5/25/07 RECEIVED RESPONSES TO ABOVE REFERENCED COMMENTS. PLEASE PROVIDE A COPY OF THE PINELLAS COUNTY PERMIT AND ARMY CORPS OF ENGINEERS PERMIT WHEN ISSUED. Provide acknowledgement that NFPA 303 will be adhered to at time of permiting for fire protection of docks. PRIOR TO CDB 4 -4 -07 Plan that was submited is sufficient. Plan show storz connection and must be 21/2" siamese. this will be taken care of at permit stage Harbor Master: Development Review Agenda - Thursday, June 7, 2007 - Page 34 1 . I have reviewed ferevised plans and appreciate the sensitivity shown to the concerns of the adjacent properties. The revised plan contains fewer boat slips than the original plan and places the larger slips and most frequently used "public slips" on the eastern end of the facility to minimize the impact on the both the basin and the neighboring residences. I do have a three concerns, One is the management of the smaller most westward day dock with 3 "day slips" These slips are in an area where the city has traditionally had a public access dock and there may be numerous occasions when this dock is attempted to be occupied by the general public, particularly weekends and after hours. The second is the policing of the docks that are accessible from "behind" if a vessel turns a blind eye toward the "Sea grass Bed No Entry Sign ". The third is the location of the signage and wording for hours of access for the public use docks. (Bill Morris) Legal: 1 . No issues. Land Resources: I . If water and electric are proposed, submit a tree survey along the corridor where these utilities will be run. Submit prior to CDB. Landscaping: I , No issues. Parks and Recreation: 1 , No issues on P &R impact fees - commerical boat docks. 2. The plan provided it is difficult to determine the potential impact to the Park and Recreation property on the plan provided. We request a large scale plan to determine impact to the landscaping (mainly palm), irrigation system, lighting system of the proposed routing the the fire line and fire hydrant. (Contact Leroy Chin 562 -4856) 3 . Our assumption also if the plant material in the park will be replace in like condition when the work is completed. (Contact Leroy Chin 562 -4856) 4. Concern as to what determine the pedestrian access to the docks. Is this the best location. (Contact Leroy Chin 562 -4856) 5 . Will the proposed fire line be directional bore or an open trench. (Contact Leroy Chin 562 -4856) 6. How will they construct the boat slips from the parking lot or park property. (Contact Leroy Chin 562 -4856) 7. Where will their lay down area and construction office be located. (Contact Leroy Chin 562 -4856) 8 . Need tree survey by a certified arborist showing exact location of each tree and where the mangroves are located. (Contact Leroy Chin 562 -4856) 9. Also our concern is we think the mangroves are larger than actually shown on aerial. When was this aerial taken 2000? (Contact Leroy Chin 562 -4856) 10 . Private developers cannot utilize public property for utilities for private developments. Stormwater: I . COMMENTS ACKNOWLEDGED 4/05/07 Prior to issuance of a building permit applicant shall: 1. Show on contruction plans how flume on the southwest end of parking lot will or will not be impacted by marina construction. Solid Waste: 1 . No issues. Traffic Engineering: I , No Issues. Planning: Development Review Agenda - Thursday, June 7, 2007 - Page 35 Development Review Agenda - Thursday, June 7, 2007 - Page 36 1 . 3/28/07 - WW Docks also need to be handicap accessible. Show on plans how this is being accomplished. Also need to address how the proposed sidewalk access affects on -site drainage Swale and landscaping (trees). 3/2/07 - WW The response letter talked about the mangroves and where access walkways could be placed in relation to the mangroves. This does not respond to my question below. Need to provide a plan as to what is requested below and provide written material that provides any information the plans cannot show. 2/6/07 - WW The application material (site plans and written material) does not indicate where the proposed docks tie into any sidewalks or decks at the Recreation Center, showing the relationship to public parking at the Recreation Center, does not show the relationship to the Sandpearl project and how residents or guests of Sandpearl accesses these docks nor does it address fire protection requirements (fire hydrants or fire risers) for these docks. Provide site plans that address these issues. 2. 5/29/07 & 3/28/07 - WW Potential condition of approval to be included in the staff report: That there be no live- aboard vessels in any of the slips, no fueling facilities and no domestic sewage pump -out facilities at this site; 3 . 5/29/07 - WW Please include the information in the Planning Response #7 submitted May 4, 2007, into Exhibit "B" (some information has been included; other information not). 3/38/07 - WW Application is unclear as to the use of the 15 slips under control by the City. Are these slips to be sold or leased by the City to tenants or will it be solely for daytime use? How will such be controlled? Will there be an attendant to monitor use of the slips? Part of this question is to determine whether this the City's portion is a commercial dock or a marina (where slips are sold or leased) for case advertising purposes. 4. 5/29/07 & 3/28/07 - WW Potential condition of approval to be included in the staff report: That one of the public use slips may be used in the future for a City fire boat; 5 . 5/29/07 & 3/28/07 - WW Potential condition of approval to be included in the staff report: That use of the hotel -use slips be for exclusive use for the mooring of boats by guests of the hotel at 500 Mandalay Avenue and that the hotel -use slips are not permitted to be rented, leased or sold separately from use by guests of the hotel; 6 . 5/29/07 - WW Revised potential condition of approval to be included in the staff report: That boats moored at the 24 Sandpearl Resort slips be in compliance with the Rental Agreement, as approved by City Council through the Amended Development Agreement #DVA2007- 00002; 3/28/07 - WW Potential condition of approval to be included in the staff report: That boats moored at the Sandpearl residential condominium -use slips be for the exclusive use by the residents and/or guests of the Sandpearl residential condominiums and not be permitted to be sub - leased separately from the Sandpearl residential condominiums; 7. 5/29/07 & 3/28/07 - WW Potential condition of approval to be included in the staff report: That a building permit to install the fire risers for the docks and upland sidewalk be submitted prior to Planning Department sign -off on the County dock permit application. Prior to completion of the docks, the fire riser and upland sidewalk permit shall be finalized; Development Review Agenda - Thursday, June 7, 2007 - Page 36 Notes: To be placed on the 7/17/07 CDB agenda, submit 15 collated copies of the revised plans & application material addressing all above departments' comments by noon, 6/18/07. Packets shall be collated, folded and stapled as appropriate. Development Review Agenda - Thursday, June 7, 2007 - Page 37 i 0 8 . 5/29/07 - WW Response on May 4, 2007, is unclear. Do you mean that the Access Walkway #2 will be constructed as part of the dock and will be of wood construction? Response refers to revised grading (assumed of the upland area) of the existing sidewalk for handicap accessibility will be done after the construction of the docks. Unclear of what grading of the existing sidewalk is referred to, much less who is constructing such regraded sidewalk. Also unclear is how any regrading will affect the existing drainage swale on the upland. Advise /revise. 3/28/07 - WW Potential condition of approval to be included in the staff report: That sidewalk access be provided on the upland to the dock, which must be handicap accessible. A building permit for the sidewalk construction shall be submitted prior to Planning Department sign -off on the County dock permit application. Prior to completion of the docks, the sidewalks permit shall be finalized; 9. 5/29/07 & 3/28/07 - WW Potential condition of approval to be included in the staff report: That signage be permanently installed on the docks or at the entrance to the docks containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; 10. 5/29/07 & 3/28/07 - WW Potential condition of approval to be included in the staff report: That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. 11 . 5/29/07 - WW The request is for lighting at the ends of the docks for night visibility. Per the Amended Development Agreement (DVA2007- 00002) in Section 2.03.3, the Developer is to install lighting on the docks, which would appear to be more lighting than what has been requested as a visibility /safety item. 3/28/07 - WW Potential condition of approval to be included in the staff report: That lighting be installed at the ends of the docks to make the docks more visible to recreational boaters, slip owners and slip owners at Belle Harbor to find their slips at night; Other: No Comments Notes: To be placed on the 7/17/07 CDB agenda, submit 15 collated copies of the revised plans & application material addressing all above departments' comments by noon, 6/18/07. Packets shall be collated, folded and stapled as appropriate. Development Review Agenda - Thursday, June 7, 2007 - Page 37 -RE: Dock project. Page 1 of 7 Wells, Wayne From: Watkins, Sherry Sent: Friday, June 01, 2007 3:17 PM To: Wells, Wayne Subject: FW: Dock project south of Clearwater Beach Recreation Complex Importance: High FYI Sherry L Watkins Planning Department Administrative Analyst (727) 562 -4582 sherry.watkins@myclearwater.com - - - -- Original Message---- - From: Reid, Debbie Sent: Friday, June 01, 2007 3:16 PM To: Sullivan, Robert "Scott "; Chin, Leroy; Watkins, Sherry; Kader, Art Cc: Dowd, Larry Subject: FW: Dock project south of Clearwater Beach Recreation Complex Importance: High RE: FLD2007 -02003 I have changed P &R status on this case to a "hold" and have added all of Leroy's conditions individually. Leroy, as the conditions are met, let me know and I can go in and mark them as "done ". Sherry, sorry about the late change on this one. There are no P &R impact fees owing on this project, but as it is abutting up to and onto City property, Leroy has some comments that need to be added. I hope this does not cause you any problems. Scott, thanks for your help!! Debbie O - - - -- Original Message---- - From: Chin, Leroy Sent: Friday, June 01, 2007 12:43 PM To: Morris, William D.; Sullivan, Robert "Scott" Cc: Kader, Art; Dunbar, Kevin E.; Dowd, Larry; Murphree, Brian; Reid, Debbie Subject: RE: Dock project south of Clearwater Beach Recreation Complex Importance: High 6/4/2007 �. RE: Dock project. Page 2 of 7 Bill, thank you for your response. Scott, I am not exactly sure where you got the information that Parks and Recreation has no comment on the plans you have been circulating. We do have comments and they are as follows: • The plan provided it is difficult to determine the potential impact to the Park and Recreation property on the plan provided. We request a large scale plan to determine impact to the landscaping (mainly palm), irrigation system, lighting system of the proposed routing the the fire line and fire hydrant. • Our assumption also if the plant material in the park will be replace in like condition when the work is completed. • Concern as to what determine the pedestrian access to the docks. Is this the best location. • Will the proposed fire line be directional bore or an open trench. • How will they construct the boat slips from the parking lot or park property. • Where will their lay down area and construction office be located. • Need tree survey by a certified arborist showing exact location of each tree and where the mangroves are located. • Also our concern is we think the mangroves are larger than actually shown on aerial. When was this aerial taken 2000? Thanks! - - - -- Original Message---- - From: Morris, William D. Sent: Thursday, May 31, 2007 5:01 PM To: Chin, Leroy Cc: Kader, Art Subject: RE: Dock project south of Clearwater Beach Recreation Complex Leroy; I got invited to the boat slip /dock discussion (I believe as part of a Strategy Meeting, a meeting I do not attend unless invited, (Kevin Dunbar is in the regular attendee group) when the City Attorney was on "Draft 9" and I was presented a slip design. I have been invited by city hall to comment and review plans, but this project is between City Hall and the Sand Pearl with my name on the permit. The original design was 57 slips straight down the middle of the boat basin. The entrance and exit was off the general area of the existing dock. The second version was 54 slips with the docks running parallel to the contour of the northern side of the yacht basin with two entry exit points one from the existing dock area and one from the parking lot adjacent to the Rec Center. This went to City Council both at a work session and at a Council meeting. While it was strongly opposed by the residents of Belle Harbor, it was approved by the City Council at a public meeting. JMC's Mike Cheezum was so taken aback at the local community adverse reaction that even though it passed through the council, Mike Cheezum and one of his staff went back to the local residents and ironed out their concerns. It has come back to me as a 42 Slip Dock now in two segments. A 3 "day slip" dock in the area of the existing dock and 39 Slips with an entry exit off the parking lot next to the rec center. the eastern most slips will be free to the public, with the possibility that one slip may be eventually used by a city fireboat if we ever get one. It is in the permit process and Legal may be brining it back to the council, I have not been advised. They may direct me to bring it back to the council. I did not get much say in who attended the meetings and was only invited to 3 myself. 6/4/2007 SIZE: Dock project. Page 3 of 7 I have attached the only electronic copy I have and it was of Draft 11, Appendix A has the 54 slip layout, the 42 slip revision is similar in design it does not intrude as far into the Yacht Basin as the one depicted in this draft. If you need a copy of the 42 slip version I will copy one and send it to you, Bill M - - - -- Original Message---- - From: Chin, Leroy Sent: Thursday, May 31, 2007 2:43 PM To: Morris, William D. Cc: Kader, Art; Lockwood, Mike; Russell, Jon; Dowd, Larry; Murphree, Brian; Frith, Renee; Sullivan, Robert "Scott"; Bahnick, Glen; Allison, Richard Subject: Dock project south of Clearwater Beach Recreation Complex Bill, I have had a lot of question from our staff about the boat slips directly south of the Clearwater Beach Recreation Center. Where are we on the design? We have some concerns about the access to the boat slips and the proposed fire line and the fire line loop system. Can you enlighten us as to the status of the project? I do not remember this project coming through the normal process for stakeholders review. Thanks! Leroy Chin Park, Planning & Project Manager City of Clearwater - Park & Recreation Dept. Office Phone: 727 - 562 -4856 Fax Line: 727- 562 -4856 E-mail: leroy.chin @myclearwater.com and remember... your efforts in project development is a place where it all comes together - a sense of community... It Starts in Parks. - - - -- Original Message---- - From: Frith, Renee Sent: Tuesday, May 29, 2007 2:46 PM To: Sullivan, Robert "Scott" Cc: Kader, Art; Lockwood, Mike; Russell, Jon; Dowd, Larry; Chin, Leroy; Murphree, Brian Subject: RE: Dock project. Thanks - - - -- Original Message - - - -- 6/4/2007 IV RE: Dock project. . • Page 4 of 7 From: Sullivan, Robert "Scott" Sent: Tuesday, May 29, 2007 2:40 PM To: Frith, Renee Cc: Kader, Art; Lockwood, Mike; Russell, Jon; Dowd, Larry; Chin, Leroy; Murphree, Brian Subject: RE: Dock project. 10 -4 6/4/2007 - - - -- Original Message---- - From: Frith, Renee Sent: Tuesday, May 29, 2007 2:31 PM To: Sullivan, Robert "Scott" Cc: Kader, Art; Lockwood, Mike; Russell, Jon; Dowd, Larry; Chin, Leroy; Murphree; Brian Subject: RE: Dock project. Scott, I stopped in this morning, but you were out in the field ... Is there anyway you can put a copy in my box (Parks and Rec Office @ MSB)? - - - -- Original Message---- - From: Sullivan, Robert "Scott" Sent: Tuesday, May 29, 2007 8:37 AM To: Frith, Renee Cc: Kader, Art; Lockwood, Mike; Russell, Jon; Dowd, Larry; Chin, Leroy; Murphree, Brian Subject: RE: Dock project. Sure thing, I'm on the second floor room 210. All the way in the back. - - - -- Original Message---- - From: Frith, Renee Sent: Tuesday, May 29, 2007 6:59 AM To: Sullivan, Robert "Scott" Cc: Kader, Art; Lockwood, Mike; Russell, Jon; Dowd, Larry; Chin, Leroy; Murphree, Brian Subject: RE: Dock project. Scott - Can I come by sometime today and pick up a copy of this plan for P &B Review? Where are you located? Thanks, Renee - - - -- Original Message---- - From: Murphree, Brian Sent: Saturday, May 26, 2007 8:36 PM To: Chin, Leroy; Dowd, Larry; Sullivan, Robert "Scott" Cc: Kader, Art; Lockwood, Mike; Russell, Jon; Frith, Renee Subject: RE: Dock project. Renee - plesae obtain plans for our review ......... thanks. From: Chin, Leroy Sent: Fri 5/25/2007 3:57 PM To: Dowd, Larry; Sullivan, Robert "Scott" RE: Dock project. . • Page 5 of 7 Cc: Kader, Art; Lockwood, Mike; Russell, Jon; Murphree, Brian; Frith, Renee Subject: RE: Dock project. I don't believe so it something that was sent to Rick Albee. Scott Sullivan was assisting with the review since Rick was out & ask me to take a look. - - - -- Original Message---- - From: Dowd, Larry Sent: Friday, May 25, 2007 2:38 PM To: Chin, Leroy; Sullivan, Robert "Scott" Cc: Kader, Art; Lockwood, Mike; Russell, Jon; Murphree, Brian; Frith, Renee Subject: RE: Dock project. Is someone going to be routing these plans through our Department? - - - -- Original Message---- - From: Chin, Leroy Sent: Friday, May 25, 2007 1:36 PM To: Russell, Jon; Sullivan, Robert "Scott"; Murphree, Brian; Frith, Renee Cc: Dowd, Larry; Kader, Art; Lockwood, Mike Subject: RE: Dock project. Jon, I went up to Planning and took a look at the drawing. Basically what it is Marina is putting in boat docks. Brian and needs to look at the drawing where fire wants the Marina to install a fire line. There will be issues with trees & landscape beds being disrupted. Brian you and your staff will need to review the drawings to see what issues you will have and comment on the landscaping and irrigation repair in like conditions after construction is complete. Thanks! - - - -- Original Message---- - From: Russell, Jon Sent: Friday, May 25, 2007 12:37 PM To: Sullivan, Robert "Scott"; Chin, Leroy; Murphree, Brian; Frith, Renee Cc: Dowd, Larry; Kader, Art; Lockwood, Mike Subject: RE: Dock project. I still have no idea about a project there. If you are talking about the dock 6/4/2007 s. RE: Dock project. • Page 6 of 7 south of the Clearwater Beach Family Aquatic Center, that belongs to the Marine & Aviation department. Anyone else know what project they are referring to? - - - -- Original Message---- - From: Sullivan, Robert "Scott" Sent: Friday, May 25, 2007 11:01 AM To: Russell, Jon; Chin, Leroy;, Murphree, Brian; Frith, Renee Subject: RE: Dock project. Its labeled Clearwater Rec. 69 Bay esplanade. A water line to feed the new Channel Club dock going thru Park land. - - - -- Original Message---- - From: Russell, Jon Sent: Friday, May 25, 2007 8:59 AM To: Chin, Leroy; Sullivan, Robert "Scott'; Murphree, Brian; Frith, Renee Subject: RE: Dock project. No idea what this is. Brian, Renee? - - - -- Original Message— From: Chin, Leroy Sent: Friday, May 25, 2007 8:41 AM To: Sullivan, Robert "Scott"; Russell, Jon Subject: RE: Dock project. Scott I do not know about a beach dock project, maybe it is Jon Russell - - - -- Original Message---- - From: Sullivan, Robert "Scott" Sent: Thursday, May 6/4/2007 C RE: Dock project. • Page 7 of 7 24, 2007 2:31 PM To: Chin, Leroy Subject: Dock project. Hey Leroy, can we meet on yourbeach rec dock . project? Scott Sullivan Land Resource Specialis City of Clearwate Planning Departmen Clearwate 33758- 4748 tel. (727) 562 -4746 fax. (727) 562 -4576 6/4/2007 'Wells, Wayne From: Dougall- Sides, Leslie Sent: Monday, June 04, 2007 9:27 AM To: Akin, Pam; Wells, Wayne Subject: RE: DVA2007- 00002, 500 Mandalay Avenue Importance: High The materials were with Gwen for preparation of an accompanying Resolution; I have placed them in your Inbox. I had previously e- mailed you as follows: rLj- FW D7 -00002 500 Mand - - - -- Original Message---- - From: Akin, Pam Sent: Monday, June 04, 2007 8:07 AM To: Wells, Wayne Cc: Dougall- Sides, Leslie Subject: RE: DVA2007- 00002, 500 Mandalay Avenue Leslie, I have checked my e -mail and see nothing on this from you, additionally there is nothing in my inbox. I assume the draft comments went to you. Pamela Akin, City Attorney 112 S. Osceola Ave Clearwater, Florida 33758 727 562 -4010 - - - -- Original Message---- - From: Wells, Wayne Sent: Monday, June 04, 2007 7:53 AM To: Akin, Pam Cc: Dougall- Sides, Leslie Subject: FW: DVA2007- 00002, 500 Mandalay Avenue Importance: High WSTii1 I am sending out today the Draft DRC comments for the above referenced case for the Amended Development Agreement for Sandpearl. Do you have any DRC comments (items that need to be changed)? Wayne - - - -- Original Message---- - From: Dougall- Sides, Leslie Sent: Wednesday, May 30, 2007 8:38 AM To: Wells, Wayne Subject: RE: DVA2007- 00002, 500 Mandalay Avenue Wayne, within our office Pam would have worked on this. I asked if she had any comments and have not yet received a response. Leslie K. Dougall -Sides Assistant City Attorney City of Clearwater b . • P.O. Box 4748 Clearwater, Florida 33758 (727) 562 -4010 phone (727) 562 -4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources - - - -- Original Message---- - From: Wells, Wayne Sent: Tuesday, May 29, 2007 2:49 PM To: Dougall- Sides, Leslie Subject: DVA2007- 00002, 500 Mandalay Avenue Leslie - Thursday morning is our Pre -DRC meeting for cases on the June 7, 2007, DRC meeting. Will there be any comments from the Legal Department regarding the proposed Amended Development Agreement that I need to add into Permit Plan for you? Wayne M 1-4, ' VIells, Wayne 0 0 From: Wells, Wayne Sent: Monday, June 04, 2007 11:47 AM To: Akin, Pam Subject: RE: DVA2007- 00002, 500 Mandalay Avenue Sure. When I send the Draft DRC comments out later on today, I will copy you and Leslie. - - - -- Original Message---- - From: Akin, Pam Sent: Monday, June 04, 2007 10:13 AM To: Wells, Wayne Cc: Dougall- Sides, Leslie Subject: RE: DVA2007- 00002, 500 Mandalay Avenue Wayne, I have now received and reviewed the application which includes the amendment to the Development Agreement and the revised boat slip Agreement. Both appear to be consistent with Council directions and our previous discussions. May I see the draft DRC comments? Pamela Akin, City Attorney 112 5. Osceola Ave Clearwater, Florida 33758 727 562 -4010 - - - -- Original Message---- - From: Wells, Wayne Sent: Monday, June 04, 2007 7:53 AM To: Akin, Pam Cc: Dougall- Sides, Leslie Subject: FW: DVA2007- 00002, 500 Mandalay Avenue Importance: High Pam - I am sending out today the Draft DRC comments for the above referenced case for the Amended Development Agreement for Sandpearl. Do you have any DRC comments (items that need to be changed)? Wayne - - - -- Original Message---- - From: Dougall- Sides, Leslie Sent: Wednesday, May 30, 2007 8:38 AM To: Wells, Wayne Subject: RE: DVA2007- 00002, 500 Mandalay Avenue Wayne, within our office Pam would have worked on this. I asked if she had any comments and have not yet received a response. Leslie K. Dougall -Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562 -4010 phone (727) 562 -4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources - - - -- Original Message---- - From: Wells, Wayne Sent: Tuesday, May 29, 2007 2:49 PM To: Dougall- Sides, Leslie Subject: DVA2007- 00002, 500 Mandalay Avenue Leslie - Thursday morning is our Pre -DRC meeting for cases on the June 7, 2007, DRC meeting. Will there be any comments from the Legal Department regarding the proposed Amended Development Agreement that I need to add into Permit Plan for you? Wayne Wells, Wayne From: Morris, William D. Sent: Wednesday, May 30, 2007 5:34 PM To: Wells, Wayne Subject: FLD2007 -02003 69 Bay Esplanade I have reviewed the revised plans and appreciate the sensitivity shown to the concerns of the adjacent properties. The revised plan contains fewer boat slips than the original plan and places the larger slips and most frequently used "public slips" on the eastern end of the facility to minimize the impact on the both the basin and the neighboring residences. do have a three concerns, One is the management of the smaller most westward day dock with 3 "day slips" These slips are in an area where the city has traditionally had a public access dock and there may be numerous occasions when this dock is attempted to be occupied by the general public, particularly weekends and after hours. The second is the policing of the docks that are accessible from "behind" if a vessel turns a blind eye toward the "Sea grass Bed No Entry Sign ". The third is the location of the signage and wording for hours of access for the public use docks.. F Wells, Wayne From: Wells, Wayne Sent: Wednesday, May 16, 2007 9:48 AM To: Delk, Michael; Clayton, Gina Cc: Dougall- Sides, Leslie Subject: RE: A04 -00163 Sandpearl Resort: RE: FLD2007 -02003 , 69 Bay Esplanade IblNumAttach: 0 MessageGUID: {1 F939FB0 -8CD1- 4844- 9E8D- E58A16014A94} OriginalDate: None Originator: SQL Style: Sandpearl Resort Ed Armstrong has submitted an amended Sandpearl Development Agreement application and revisions have been submitted for the docks. Both are scheduled for the June 7, 2007, DRC agenda. - - - -- Original Message---- - From: Delk, Michael Sent: Wednesday, May 16, 2007 9:31 AM To: Wells, Wayne; Clayton, Gina Cc: Dougall- Sides, Leslie Subject: FW: A04 -00163 Sandpearl Resort : RE: FLD2007 -02003 , 69 Bay Esplanade Sir Wayne or AD Clayton - Has there been any status change on this item? Have we had a meeting to discuss it per Pam's suggestion? michael - - - -- Original Message---- - From: Akin, Pam Sent: Wednesday, April 04, 2007 10:33 AM To: Delk, Michael Cc: Dougall- Sides, Leslie Subject: A04 -00163 Sandpearl Resort : RE: FLD2007 -02003 , 69 Bay Esplanade I suggust we have a meetingt o discuss his concerns. They are not clear to me. Pamela Akin, City Attorney 112 S. Osceola Ave Clearwater, Florida 33758 727 562 -4010 - - - -- Original Message---- - From: Delk, Michael Sent: Wednesday, April 04, 2007 9:51 AM To: Akin, Pam Cc: Dougall- Sides, Leslie Subject: FW: FLD2007 -02003 , 69 Bay Esplanade Pam and Leslie - This is a rather lengthy summation but in essence as I understand it, Wayne believes there is some discrepancy between the submerged lands lease and development agreement. Depending upon which governs, it creates a use issue. Now that we are reviewing the Sand Pearl docks, we want to make sure we proceed as appropriate. Would appreciate any thoughts on this as to how we should evaluate. michael 0 Michael Delk, AICP Planning Director City of Clearwater, FL 727 - 562 -4561 myclearwater.com - - - -- Original Message---- - From: Wells, Wayne Sent: Wednesday, April 04, 2007 7:53 AM To: Delk, Michael Subject: FLD2007 -02003 , 69 Bay Esplanade Michael - 0 The above referenced project for docks associated with the Sandpearl project at the City Beach Recreation Center is scheduled for review by the DRC on Thursday, April 5, 2007. In the course of my review, especially to determine the proposed "use" so that it may be advertised properly (multi -use, commercial or marina), I have been concerned with how these boat slips are proposed. I currently have the following comment in my review (which has been sent to the applicant): Plans submitted indicate the 15 public slips versus the 24 Sandpearl slips. It is also unclear in the application material which of the 24 slips to be used by Sandpearl will be for residents (where the slips will be rented, leased or sold to attached dwelling [condominium] tenants) versus slips for use by the hotel (which are not to be rented, leased or sold). Need to be more specific. However, there is a note on the plans for the Sandpearl slips that they are for lease to residents, Beach Club members, local residents ". This is contradictory of slips accessory to a residential condominium or a hotel. Leasing slips to Beach Club members or to local residents constitutes a Marina, which has not been requested. Additional parking is required for such. This was not the intent of that approved under the Development Agreement, per Section 5.03.10, which states under (ii) that use of the Boat Slips are limited to Project owners, tenants and guests. Beach Club members and local residents were not mentioned. Revise. The submerged land lease agreement, approved by City Council in December 2006 but is not signed due to unacceptable conditions to Sandpearl and which will go back to City Council, of which I only have a Draft, includes the following provision under Section 2.03.5: Developer agrees that use of the Developer Boat Slips shall be limited to owners, tenants and guests (including Beach Club members) of the Project and other owners and tenants that own or lease residences within the geographical area bordered on the West by the Gulf of Mexico, on the East by Clearwater Bay, on the North by Rockaway Street and on the South by Papaya Street. Any sublease or assignment by Developer of rights to utilize Developer Boat Slips shall be limited to such owners, tenants and guests and all subleases or assignments shall expressly prohibit parking on the City Property during use of the Developer Boat Slips. The ability to lease slips to Beach Club members or owners /tenants of the specific geographic area makes these proposed boat slips a marina, where parking at the rate of one space per two slips is required. A marina with additional parking requirements was not anticipated under the Sandpearl project approved under Case FLD2004- 09068, approved by the CDB on December 14, 2004 (Case DVA2004 -00005 approved by City Council on January 20, 2005). Following is a paragraph from the Staff Report for Case FLD2004 -09068 specifically addressing the proposed boat slips: The proposal includes the provision of a maximum of 57 boat slips on the east side of Mandalay Avenue on City owned property. The City will control 19 slips, while the remaining 38 slips will be rented to resident condominium owners or be available to hotel guests. These boat slips will be required to submit for Flexible Development approval by the Community Development Board, with all required information. The Parking Demand Study indicates that there will be no additional parking required for these boat slips, as shuttle service will be provided by the hotel or residents will be able to walk to their boats. My concern is that the boat slips, as proposed under this application and as provided under the submerged land lease, constitute a marina that was not provided for nor anticipated under the original Sandpearl approvals. • i Parking is also a concern. The submerged land lease is not the appropriate mechanism to grant a variance to the Code requirements for parking for a marina, nor can it grant extended use to other entities outside of what was submitted and approved in December 2004 (FLD) by the CDB and in January 2005 (DVA) by City Council. Wayne Wells, Wayne From: Wells, Wayne Sent: Friday, April 13, 2007 1:27 PM To: 'Carl Wagenfohr' Cc: Watkins, Sherry; Castelli, Joelle Wiley; Delk, Michael; Thompson, Neil Subject: RE: SandPearl Docks Attached are the April 5, 2007, DRC comments. - - - -- Original Message---- - From: Carl Wagenfohr [ mailto :carl @clearwatergazette.com] Sent: Friday, April 13, 20071:18 PM To: Wells, Wayne Subject: RE: SandPearl Docks Thanks, Wayne. Please forward to me the DRC staff comments. - - - -- Original Message---- - From: Wayne.Wells @myClearwater.com [ mailto :Wayne.Wells @myClearwater.com] Sent: Friday, April 13, 2007 1:13 PM To: carl @clearwatergazette.com Cc: Sherry.Watkins @myClearwater.com; Joelle.Castelli@myClearwater.com; michael.delk @MyClearwater.com; neil.thompson @MyClearwater.com Subject: SandPearl Docks Carl - Page 1 of 2 This application for the Sandpearl docks (FLD2007- 02003) went to the Development Review Committee (DRC) on April 5, 2007, and was found insufficient to move forward to the Community Development Board (CDB). They will be making some revisions and resubmitting to go back to the DRC. Assuming that the application would be found sufficient the next time at the DRC, then the application would be scheduled for the next CDB meeting. After discussions with the applicant, I believe they are planning to resubmit to go to the June 7, 2007, DRC meeting, which would then translate into the July 17, 2007, CDB meeting. If you have any questions, feel free to email or call me (562- 4504). Wayne - - - -- Original Message---- - From: Watkins, Sherry Sent: Friday, April 13, 2007 12:52 PM To: Wells, Wayne Subject: FW: SandPearl Docks fyi Shemj L Watkins Planning Department Administrative Analyst (727) 562 -4582 4/13/2007 Page 2 of 2 sherry.watkins@mycleanvater.com - - - -- Original Message---- - From: Carl Wagenfohr [ mailto :carl @clearwatergazette.com] Sent: Friday, April 13, 2007 10:46 AM To: Castelli, Joelle Wiley Cc: Watkins, Sherry Subject: SandPearl Docks Joelle, Please find out when the Sand Pearl (Clearwater Beach Rec Center) dock application will be heard by the CDB. I was expecting it to be on next week's agenda, but it is not there. Thanks ... Carl 4/13/2007 Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Friday, April 13, 2007 1:15 PM To: Morris, William D. Cc: Yellin, Catherine Subject: FW: SandPearl Docks FYI. Forgot to Cc you on this. - - - -- Original Message----= From: Wells, Wayne Sent: Friday, April 13, 2007 1:13 PM To: 'carl @clearwatergazette.com' Cc: Watkins, Sherry; Castelli, Joelle Wiley; Delk, Michael; Thompson, Neil Subject: SandPearl Docks Carl - This application for the Sandpearl docks (FLD2007- 02003) went to the Development Review Committee (DRC) on April 5, 2007, and was found insufficient to move forward to the Community Development Board (CDB). They will be making some revisions and resubmitting to go back to the DRC. Assuming that the application would be found sufficient the next time at the DRC, then the application would be scheduled for the next CDB meeting. After discussions with the applicant, I believe they are planning to resubmit to go to the June 7, 2007, DRC meeting, which would then translate into the July 17, 2007, CDB meeting. If you have any questions, feel free to email or call me (562 - 4504). Wayne - - - -- Original Message---- - From: Watkins, Sherry Sent: Friday, April 13, 2007 12:52 PM To: Wells, Wayne Subject: FW: SandPearl Docks fyi Sherry L Watkins Planning Department Administrative Analyst (727) 562 -4582 sherry. wa tkins @myclearwater. coin - - - -- Original Message---- - From: Carl Wagenfohr [ mailto :carl @clearwatergazette.com] Sent: Friday, April 13, 2007 10:46 AM To: Castelli, Joelle Wiley Cc: Watkins, Sherry Subject: SandPearl Docks Joelle, 4/13/2007 Page 2 of 2 Please find out when the Sand Pearl (Clearwater Beach Rec Center) dock application will be heard by the CDB. I was expecting it to be on next week's agenda, but it is not there. Thanks ... Carl 4/13/2007 • . Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Friday, April 13, 2007 1:13 PM To: 'cart @clearwatergazette.com' Cc: Watkins, Sherry; Castelli, Joelle Wiley; Delk, Michael; Thompson, Neil Subject: SandPearl Docks Carl - This application for the Sandpearl docks (FLD2007- 02003) went to the Development Review Committee (DRC) on April 5, 2007, and was found insufficient to move forward to the Community Development Board (CDB). They will be making some revisions and resubmitting to go back to the DRC. Assuming that the application would be found sufficient the next time at the DRC, then the application would be scheduled for the next CDB meeting. After discussions with the applicant, I believe they are planning to resubmit to go to the June 7, 2007, DRC meeting, which would then translate into the July 17, 2007, CDB meeting. If you have any questions, feel free to email or call me (562 - 4504). Wayne - - - -- Original Message---- - From: Watkins, Sherry Sent: Friday, April 13, 2007 12:52 PM To: Wells, Wayne Subject: FW: SandPearl Docks fyi Sherry L Watkins Planning Department Administrative Analyst (727) 562 -4582 sherry.watkiiis@myclearwater.com - - - -- Original Message---- - From: Carl Wagenfohr [mailto:carl @clearwatergazette.com] Sent: Friday, April 13, 2007 10:46 AM To: Castelli, Joelle Wiley Cc: Watkins, Sherry Subject: SandPearl Docks Joelle, Please find out when the Sand Pearl (Clearwater Beach Rec Center) dock application will be heard by the CDB. I was expecting it to be on next week's agenda, but it is not there. Thanks ... Carl 4/13/2007 Page 1 of 1 Wells, Wayne From: Morris, William D. Sent: Friday, April 13, 2007 12:49 PM To: Castelli, Joelle Wiley; Yellin, Catherine Cc: Wells, Wayne Subject: RE: SandPearl Docks No I was going to ask Planning if it had to go, Carl seemed insistent that it had to, last time I talked to Wayne Wells, there were some issues with the way it was written that now made it require parking etc... SO the real answer may be in legal, note I copied Wayne, Bill M - - - -- Original Message---- - From: Castelli, Joelle Wiley Sent: Friday, April 13, 2007 12:39 PM To: Morris, William D.; Yellin, Catherine Subject: FW: SandPearl Docks Do you all know the answer to this? - - - -- Original Message---- - From: Carl Wagenfohr [ mailto :carl @clearwatergazette.com] Sent: Friday, April 13, 2007 10:46 AM To: Castelli, Joelle Wiley Cc: Watkins, Sherry Subject: SandPearl Docks Joelle, Please find out when the Sand Pearl (Clearwater Beach Rec Center) dock application will be heard by the CDB. I was expecting it to be on next week's agenda, but it is not there. Thanks ... Carl 4/13/2007 �7 Tr 8:30 a.m. STAFF REVIEW • • DRAFT ACTION AGENDA DEVELOPMENT REVIEW COMMITTEE Thursday, April 5, 2007 9.00 am Case Number: FLD2007 -02003 -- 69 BAY ESPLANADE Owner(s): City Of Clearwater Po Box 4748 Clearwater, F133758 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Representative: E. D. Armstrong Iii, Esquire Printed: 4/12/2007 Times are subject to change 1� 4.s. �► P" is " Aft Po Box 1368 Clearwater, Fl 33757 TELEPHONE: 727 - 461 -1818, FAX: 727 - 441 -8617, E -MAIL: jaynes @jpfirm.com Location: 4.26 acres located at the southeast corner of the intersection of Mandalay Avenue and Bay Esplanade. Atlas Page: 258A Zoning District: OS/R, Open Space/Recreation Dist Request: Flexible Development approval to permit at the Clearwater Beach Recreation Center a multi- use /commercial dock in conjunction with the Sandpearl project for 42 total slips (39 wet slips and three day slips) of 11,538 square feet with a deviation to allow the docks and tie poles to exceed the 25 percent of the width of the waterway, under the provisions of Section 3- 601.C.3. Proposed Use: Parks and recreation facilities Neighborhood Clearwater Beach Association Association(s): Clearwater, F] 33767 100 Devon Dr TELEPHONE: 443 -2168, FAX: No Fax, E -MAIL: papamurphy @aol.com Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, Fl 33758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Presenter: Wayne Wells, Planner III Attendees Included: City: Wayne Wells, Neil Thompson, Scott Rice, Steve Doherty, Lenny Richert, Bill Morris, Rick Albee Applicant: Steve Williamson, Ryan Oliver, Gail Cooper The DRC reviewed this application with the following comments: General Engineering: 1 . COMMENTS ACKNOWLEDGED 4/05/07 Prior to issuance of abuilding permit: 1. Applicant shall show on the plan how water is to be provided for any proposed/required fire protection system. General Note: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental: Development Review Agenda - Thursday, April 5, 2007 - Page 1 COMMENTS ACKNOWLEDGED 4/05/07 Please submit the following information prior to issuance of a building permit: 1. Acknowledge a mitigation area is existing on the north shoreline at the west end of the Recreation Center parking lot. 2. Provide other agency comments as applicable during permitting. 3. Provide copies of permits from all applicable agencies and submerged land lease prior to commencement of construction. Fire: I , Provide acknowledgement that NFPA 303 will be adhered to at time of permiting for fire protection of docks. PRIOR TO CDB 44-07 Plan that was submited is sufficient. Plan show storz connection and must be 21/2" siamese. this will be taken care of at permit stage Harbor Master: 1 . I have no objections as this item passed once before on a larger scale (it was 54 docks, it is now 42). This design is one that will be easier to permit and is palatable to the local property owners. Legal: I just want to make sure that the city gets the use of slips labeled 1 through 15 at the Eastern End and ask how the Sand Pearl is going to manage the 3 day slips on the now isolated Western most dock that is no longer connected to the rest of the docks. This dock is in an area that has traditionally been open to the public, vessels will still try to access here. I did not see any access control gates on the diagrams. Additionally the "public use slips" were going to have specific hours of operation and be locked/gated off. I just wanted to make sure the hours of operation were still identified as this was a major concern of the adjoining property owners at Belle Harbor. Not sure if any of this has any bearing on the DRC or not as it was not discussed in the last meeting. The 15 (under the agreement the city was to get 1 /3rd of the slips) I was told were going to be at the east end which is why the docks are numbered the way they are (1 -15) and (1 -24) plus 3 day slips. One of the 15 was to be used for a "Fireboat" the city was going to buy at some future date. But until that point, they will all be used as public slips, first come first serve. The staff at the Sand Pearl will be responsible for the docks, there were to be gates on the docks so they could be locked and specific hours operation were designated. No issues. Land Resources: I , If water and electric are proposed, submit a tree survey along the corridor where these utilities will be run. Submit prior to CDB. Landscaping: I , No issues. Parks and Recreation: Stormwater: Solid Waste: No issues - commerical boat docks. COMMENTS ACKNOWLEDGED 4/05/07 Prior to issuance of a building permit applicant shall: 1. Show on contraction plans how flume on the southwest end of parking lot will or will not be impacted by marina construction. No issues. Traffic Engineering: I . No Issues. Planning: Development Review Agenda - Thursday, April 5, 2007 - Page 2 • 0 3/28/07 - WW Docks also need to be handicap accessible. Show on plans how this is being accomplished. Also need to address how the proposed sidewalk access affects on -site drainage swale and landscaping (trees). 3/2/07 - WW The response letter talked about the mangroves and where access walkways could be placed in relation to the mangroves. This does not respond to my question below. Need to provide a plan as to what is requested below and provide written material that provides any information the plans cannot show. 2/6/07 - WW The application material (site plans and written material) does not indicate where the proposed docks tie into any sidewalks or decks at the Recreation Center, showing the relationship to public parking at the Recreation Center, does not show the relationship to the Sandpearl project and how residents or guests of Sandpearl accesses these docks nor does it address fire protection requirements (fire hydrants or fire risers) for these docks. Provide site plans that address these issues. 2. In the second paragraph of Exhibit "B" of the application, the applicant asserts that a lease has been approved by City Council for the submerged lands. After discussion with our Legal Department, a lease was approved on 12/14/06, but has not been signed by Sandpearl or the City. Apparently Sandpearl wants to make some changes to the lease and it will need to go back to City Council for approval. Need to change information in this second paragraph and any other location in Exhibit "B" as appropriate as to any lease, since there is no signed lease. 3 . It is stated in the response to General Applicability criteria #4 in Exhibit "B" that a shuttle service will be provided by the Sandpearl concierge to and from the Sandpearl portion of the docks. What type of vehicle is anticipated for this shutter service and where will such shuttle service load/unload? Provide written material in Exhibit "B" and on all appropriate site plan sheets. 4. The response to General Applicability criteria #6 in Exhibit "B" asserts the only adjacent upland affected by the proposed boat slips is the City's recreation center. It appears that the Belle Harbor development would also be affected, since the proposed docks are extending beyond the 25% of the waterway width. Revise response. 5 . The response to General Applicability criteria #6 in Exhibit "B" refers to the use of the facilities will be in accordance with the terms in the Development Agreement. Please be more specific, if at least in paraphrasing, as to the terms of the Development Agreement, so it is clear to the CDB, staff and the public what is meant by such statement. The response also refers to the "practices of the FDEP Clean Marina Program ". Please provide specifics as what is meant, so the CDB, staff and the public will know what is meant by such statement. 6. Potential condition of approval to be included in the staff report: That there be no live- aboard vessels in any of the slips, no fueling facilities and no domestic sewage pump -out facilities at this site; 7 . Application is unclear as to the use of the 15 slips under control by the City. Are these slips to be sold or leased by the City to tenants or will it be solely for daytime use? How will such be controlled? Will there be an attendant to monitor use of the slips? Part of this question is to determine whether this the City's portion is a commercial dock or a marina (where slips are sold or leased) for case advertising purposes. 8. Response to Section 3- 601.C.3.ii in Exhibit "B" indicates marinas are a Level One use in the Preservation District. All water is zoned Preservation District. Marinas are, however, related to upland development, which, in this case for the Recreation Center, is zoned Open Space /Recreation District. If this is not to be a marina, then the comment is unnecessary. Revise comment. 9. Place on Sheet 1 of 6 the total square footage of dock (11,538 square feet). Development Review Agenda - Thursday, April 5, 2007 - Page 3 V � • • 10 . To be consistent with the way the waterfront property width was applied to the Belle Harbor project, the waterfront property width must be shown as follows: a. the waterfront property width along the south side of the property will be measured from the seawall on the west (closest to and parallel with Mandalay Avenue) to the extension of the eastern seawall extended south into the water as "x" (straight line, not following any curvature of the shoreline); and b. the waterfront property width along the east side of the property will be measured from the southern property line adjacent to Belle Harbor (perpendicular to Mandalay Avenue) extended eastward into the water to a line extended into the water from the south right -of -way line of Bay Esplanade as "y" (straight line, not following any curvature of the shoreline). (Note: "y" doesn't really have any bearing on the proposed docks, since there are no docks proposed on the east side [east of the recreation building]). Use "x" as the basis for calculation of dock setbacks and length. 11 . Based on the waterfront property width, using "x ", revise the required setback (should be around 95 feet). Therefore the western setback from the seawall,closest to and parallel with Mandalay Avenue to the closest point of the proposed day slip dock should be about 143 feet. The eastern setback from a line extended south into the water from the eastern seawall (east of the recreation building) to the easternmost point of the public dock should be about 90 feet. Provide a dimension lines showing the proposed east and west setbacks. A setback reduction on the east will not be necessary since the property wraps around to the east. Revise request and all appropriate locations in Exhibit "B ". 12. Revise the proposed width of the dock in Section 3- 601.C.3.h.iii in Exhibit "B ". Unknown if a deviation is necessary. 13 . It is indicated in the response to Section 3- 601.C.3.i that handrails are to be constructed to prevent the mooring of vessels outside of designated slips. No handrails are shown on portions of the docks to prevent such mooring, such as the north side of the 3 -slip day slip on the west on Sheet 1 of 6 and on the north side of the access walkway 2 and along the east side of the common walkway north of public slip #14. 14. Unclear why Sandpearl slips 1 - 13 are proposed to have boatlifts. Will these 13 slips be for the residential condominium owners? 15 . Plans submitted indicate the 15 public slips versus the 24 Sandpearl slips. It is also unclear in the application material which of the 24 slips to be used by Sandpearl will be for residents (where the slips will be rented, leased or sold to attached dwelling [condominium] tenants) versus slips for use by the hotel (which are not to be rented, leased or sold). Need to be more specific. However, there is a note on the plans for the Sandpearl slips that they are "for lease to residents, Beach Club members, local residents ". This is contradictory of slips accessory to a residential condominium or a hotel. Leasing slips to Beach Club members or to local residents constitutes a Marina, which has not been requested. Additional parking is required for such. This was not the intent of that approved under the Development Agreement, per Section 5.03.10, which states under (ii) that use of the Boat Slips are limited to Project owners, tenants and guests. Beach Club members and local residents were not mentioned. Revise. 16. Application material needs to provide operational characteristics of these docks, such as, but not limited to, where any restricting gates are located, who will close gates, hours of operation, whether there will be any attendants, trash pickup, maintenance, lighting, etc. 17. Potential condition of approval to be included in the staff report: That one of the public use slips may be used in the future for a City fire boat; 18. Potential condition of approval to be included in the staff report: That use of the hotel -use slips be for exclusive use for the mooring of boats by guests of the hotel at 500 Mandalay Avenue and that the hotel -use slips are not permitted to be rented, leased or sold separately from use by guests of the hotel; 19 . Potential condition of approval to be included in the staff report: That boats moored at the Sandpearl residential condominium -use slips be for the exclusive use by the residents and /or guests of the Sandpearl residential condominiums and not be permitted to be sub - leased separately from the Sandpearl residential condominiums; Development Review Agenda - Thursday, April 5, 2007 - Page 4 20 . Potential condition of approval to be included in the staff report: That a building permit to install the fire risers for the docks be submitted prior to Planning Department sign -off on the County dock permit application. Prior to completion of the docks, the fire riser permit shall be finalized; 21 . Potential condition of approval to be included in the staff report: That sidewalk access be provided on the upland to the dock, which must be handicap accessible. A building permit for the sidewalk construction shall be submitted prior to Planning Department sign -off on the County dock permit application. Prior to completion of the docks, the sidewalks permit shall be finalized; 22. Potential condition of approval to be included in the staff report: That signage be permanently installed on the docks or at the entrance to the docks containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; 23. Potential condition of approval to be included in the staff report: That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. 24. Potential condition of approval to be included in the staff report: That lighting be installed at the ends of the docks to make the docks more visible to recreational boaters, slip owners and slip owners at Belle Harbor to find their slips at night; Other: No Comments Notes: This application is insufficient to move forward to the CDB. Please resubmit to be rescheduled for DRC review. Development Review Agenda - Thursday, April 5, 2007 - Page 5 Wells, Wayne From: Wells, Wayne Sent: Wednesday, April 04, 2007 7:53 AM To: Delk, Michael Subject: FLD2007 -02003 , 69 Bay Esplanade Michael - The above referenced project for docks associated with the Sandpearl project at the City Beach Recreation Center is scheduled for review by the DRC on Thursday, April 5, 2007. In the course of my review, especially to determine the proposed "use" so that it may be advertised properly (multi -use, commercial or marina), I have been concerned with how these boat slips are proposed.. I currently have the following comment in my review (which has been sent to the applicant): Plans submitted indicate the 15 public slips versus the 24 Sandpearl slips. It is also unclear in the application material which of the 24 slips to be used by Sandpearl will be for residents (where the slips will be rented, leased or sold to attached dwelling [condominium] tenants) versus slips for use by the hotel (which are not to be rented, leased or sold). Need to be more specific. However, there is a note on the plans for the Sandpearl slips that they are for lease to residents, Beach Club members, local residents ". This is contradictory of slips accessory to a residential condominium or a hotel. Leasing slips to Beach Club members or to local residents constitutes a Marina, which has not been requested. Additional parking is required for such. This was not the intent of that approved under the Development Agreement, per Section 5.03.10, which states under (ii) that use of the Boat Slips are limited to Project owners, tenants and guests. Beach Club members and local residents were not mentioned. Revise. The submerged land lease agreement, approved by City Council in December 2006 but is not signed due to unacceptable conditions to Sandpearl and which will go back to City Council, of which I only have a Draft, includes the following provision under Section 2.03.5: Developer agrees that use of the Developer Boat Slips shall be limited to owners, tenants and guests (including Beach Club members) of the Project and other owners and tenants that own or lease residences within the geographical area bordered on the West by the Gulf of Mexico, on the East by Clearwater Bay, on the North by Rockaway Street and on the South by Papaya Street. Any sublease or assignment by Developer of rights to utilize Developer Boat Slips shall be limited to such owners, tenants and guests and all subleases or assignments shall expressly prohibit parking on the City Property during use of the Developer Boat Slips. The ability to lease slips to Beach Club members or owners /tenants of the specific geographic area makes these proposed boat slips a marina, where parking at the rate of one space per two slips is required. A marina with additional parking requirements was not anticipated under the Sandpearl project approved under Case FLD2004- 09068, approved by the CDB on December 14, 2004 (Case DVA2004 -00005 approved by City Council on January 20, 2005). Following is a paragraph from the Staff Report.for Case FLD2004 -09068 specifically addressing the proposed boat slips: The proposal includes the provision of a maximum of 57 boat slips on the east side of Mandalay Avenue on City owned property. The City will control 19 slips, while the remaining 38 slips will be rented to resident condominium owners or be available to hotel guests. These boat slips will be required to submit for Flexible Development approval by the Community Development Board, with all required information. The Parking Demand Study indicates that there will be no additional parking required for these boat slips, as shuttle service will be provided by the hotel or residents will be able to walk to their boats. My concern is that the boat slips, as proposed under this application and as provided under the submerged land lease, constitute a marina that was not provided for nor anticipated under the original Sandpearl approvals. Parking is also a concern. The submerged land lease is not the appropriate mechanism to grant a variance to the Code requirements for parking for a marina, nor can it grant extended use to other entities outside of what was submitted and approved in December 2004 (FLD) by the CDB and in January 2005 (DVA) by City Council. Wayne s4 of these members using the club at any one time may also be high, but for this A rate of 20 g study the rate of 1 space per 5 memberships was used and is similar to the ratio used at comparable clubs through out Florida (see Appendix). Therefore, we have estimated 32 spaces for the Beach Club. Other factors that were considered in this analysis include the size of the beach club facilities (see architect's plans) and the input received from representative of Coral Hospitability Group, the future manager /operator of the resort. Their experience indicates that one reason the parking needs of this type of club is low is due to the fact that the Beach Club members, and hotel guests with cars, use parking spaces at different times. Many of the hotel guests use their car during the day to visit other local attractions. It is during this period that the Beach Club members use the spaces vacated by the resort guests. When the Beach Club members leave towards the end of day the resort guests use the space for overnight parking. Although this obviously does not apply to all resort guests, it is a factor to be taken into account regarding Beach Club parking. 3.5 BOAT SLIPS As part of the project, 57 boat slips are proposed to be constructed on Mandalay Channel. These slips will have access to the Intracoastal Waterway and the Gulf of Mexico. Nineteen of these slips will be reserved for City of Clearwater use. The remaining 38 will be used by Sandpearl Resort. Some of the slips will be rented to the on -site condominium owners and the remainder will be available for hotel guests. The hotel will provide shuttle service to the boat slips as needed. The boat slips will, therefore, not require any additional parking spaces. 3.6 SUMMARY The number of parking spaces required by Code at the Sandpearl Resort are summarized in Table 1. As is indicated in this table, there is a shortfall of 25 parking spaces. Applicant is requesting a parking reduction of 25 spaces. Table 2 shows the number of spaces based on industry operational requirements. That table shows the provided 431 parking spaces are adequate for normal operation. i Wells, "Wayne From: Delk, Michael Sent: Thursday, March 29, 2007 4:42 PM To: Wells, Wayne Subject: RE: Docks 3- 6O1.C.3.h.v). Well, let's have this discussion sooner rather than later. Maybe you Neil and I can get together to discuss. - - - -- Original Message---- - From: Wells, Wayne Sent: Thursday, March 29, 2007 4:13 PM To: Planning Subject: RE: Docks 3- 601.C.3.h.v). Michael - I understand Leslie's interpretation. However, on past applications, this has not been so applied. If it has been done wrongly in the past, and adherence to the provisions on future applications is desired, we just need to be ready to own up to past indiscretions. Don't know if this will affect the proposed Downtown boat slips. Also don't know if it will affect the Sandpearl width of docks. Wayne - - - -- Original Message---- - From: Delk, Michael Sent: Tuesday, March 27, 2007 3:53 PM To: Planning Subject: RE: Docks 3- 601.C.3.h.v). I do not see any issues with Leslie's interpretation of these sections. Unless, someone feels we are missing something here let's proceed accordingly. Let me know if anyone has concerns. mld Michael Delk, AICP Planning Director City of Clearwater, FL 727 - 562 -4561 myclearwater.com - - - -- Original Message---- - From: Kurleman, Scott Sent: Tuesday, March 27, 2007 3:33 PM To: Wells, Wayne; Everitt, Steven; Thompson, Neil; Clayton, Gina; Delk, Michael Subject: FW: Docks 3- 601.C.3.h.v). For discussion. - - - -- Original Message---- - From: Dougall- Sides, Leslie Sent: Tuesday, March 27, 2007 3:31 PM To: Kurleman, Scott Cc: Treuhaft, Linda Subject: RE: Docks 3- 601.C.3.h.v). That is my interpretation. I don't know of any previous interpretations by Planning or Legal on this point. ---- -Origi From: Sent: To: Subject: nal Message ----- Kurleman, Scott Tuesday, March 27, 2007 2:19 PM Dougall- Sides, Leslie RE: Docks 3- 601.C.3.h.v). So if an applicant is not impacting anything in 3)a) -g) deviations (increases) may not be requested for dimensional standards? Thanks again. - - - -- Original Message---- - From: Dougall- Sides, Leslie Sent: Tuesday, March 27, 2007 12:20 PM To: Kurleman, Scott Subject: RE: Docks 3- 601.C.3.h.v). Scott, I think the intent was that deviations from the dimensional standards 3.h.i) -iv) may be granted for the purpose of complying with the preceding standards 3)a) -g). An example would be if the dock as configured with all the setbacks, length, and width requirements has the effect of adversely affecting seagrass, then a deviation could be processed to relocate it so that it would not affect the seagrass. Leslie K. Dougall -Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562 -4010 phone (727) 562 -4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources - - -- -Original Message---- - From: Kurleman, Scott Sent: Wednesday, March 21, 2007 10:16 AM To: Dougall- Sides, Leslie Subject: Docks 3- 601.C.3.h.v). Does the above section h.v) allow for dimensional deviations requests from the CDB or does it only allow for deviation requests for (a) - (g)? It seems to me the way it is written v) is a subsection under h. therefore if they comply with the review criteria established in a g the applicant can request dimensional deviations to docks from the CDB? Thank you for your response. Clearwater • • DRAFT ACTION AGENDA DEVELOPMENT REVIEW COMMITTEE Thursday, April 5, 2007 8:30 a.m. STAFF REVIEW 9.00 am Case Number: FLD2007 -02003 -- 69 BAY ESPLANADE Owner(s): City Of Clearwater Po Box 4748 Clearwater, F133758 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Representative: E. D. Armstrong Iii, Esquire Printed: 4/2/2007 Times are subject to change 4#1. 07 MAS Po Box 1368 Clearwater, F133757 TELEPHONE: 727 - 461 -1818, FAX: 727 - 441 -8617, E -MAIL: jaynes @jpfirm.com Location: 4.26 acres located at the southeast corner of the intersection of Mandalay Avenue and Bay Esplanade. Atlas Page: 258A Zoning District: OS/R, Open Space/Recreation Dist Request: Flexible Development approval to permit at the Clearwater Beach Recreation Center a multi- use /commercial dock in conjunction with the Sandpearl project for 42 total slips (39 wet slips and three day slips) of 11,538 square feet with a deviation to allow the docks and tie poles to exceed the 25 percent of the width of the waterway, under the provisions of Section 3- 601.C.3. Proposed Use: Parks and recreation facilities Neighborhood Clearwater Beach Association Association(s): Clearwater, Fl 33767 100 Devon Dr TELEPHONE: 443 -2168, FAX: No Fax, E -MAIL: papamucphy @aol.com Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Presenter: Wayne Wells, Planner III Attendees Included: City: Wayne Wells, Neil Thompson, Scott Rice, Steve Doherty, Jim Keller, Bill Morris Applicant: Steve Williamson, The DRC reviewed this application with the following comments: General Engineering: I . Prior to issuance of a building permit: 1. Applicant shall show on the plan how water is to be provided for any proposed/required fire protection system. General Note: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental: 1 . Please submit the following information prior to issuance of a building permit: 1. Acknowledge a mitigation area is existing on the north shoreline at the west end of the Recreation Center parking lot. 2. Provide other agency comments as applicable during permitting. 3. Provide copies of permits from all applicable agencies and submerged land lease prior to commencement of construction. Development Review Agenda - Thursday, April 5, 2007 - Page 1 • Fire: :7 1 , Provide acknowledgement that NFPA 303 will be adhered to at time of permiting for fire protection of docks. PRIOR TO CDB Harbor Master: 1 . I have no objections as this item passed once before on a larger scale (it was 54 docks, it is now 42). This design is one that will be easier to permit and is palatable to the local property owners. Legal: I just want to make sure that the city gets the use of slips labeled 1 through 15 at the Eastern End and ask how the Sand Pearl is going to manage the 3 day slips on the now isolated Western most dock that is no longer connected to the rest of the docks. This dock is in an area that has traditionally been open to the public, vessels will still try to access here. I did not see any access control gates on the diagrams. Additionally the "public use slips" were going to have . specific hours of operation and be locked/gated off. I just wanted to make sure the hours of operation were still identified as this was a major concern of the adjoining property owners at Belle Harbor. Not sure if any of this has any bearing on the DRC or not as it was not discussed in the last meeting. The 15 (under the agreement the city was to get 1 /3rd of the slips) I was told were going to be at the east end which is why the docks are numbered the way they are (1 -15) and (1 -24) plus 3 day slips. One of the 15 was to be used for a "Fireboat" the city was going to buy at some future date. But until that point, they will all be used as public slips, first come first serve. The staff at the Sand Pearl will be responsible for the docks, there were to be gates on the docks so they could be locked and specific hours operation were designated. No issues. Land Resources: 1 . If water and electric are proposed, submit a tree survey along the corridor where these utilities will be run. Submit prior to CDB. Landscaping: 1 , No issues. Parks and Recreation: 1 . No issues - commerical boat docks. Stormwater: 1 . Prior to issuance of a building permit applicant shall: 1. Show on contruction plans how flume on the southwest end of parking lot will or will not be impacted by marina construction. Solid Waste: 1 , No issues. Traffic Engineering: 1 . No Issues. Planning: Development Review Agenda - Thursday, April 5, 2007 - Page 2 6 7 3/28/07 - WW • • Docks also need to be handicap accessible. Show on plans how this is being accomplished. Also need to address how the proposed sidewalk access affects on -site drainage swale and landscaping (trees). 3/2/07 - WW The response letter talked about the mangroves and where access walkways could be placed in relation to the mangroves. This does not respond to my question below. Need to provide a plan as to what is requested below and provide written material that provides any information the plans cannot show. 2/6/07 - WW The application material (site plans and written material) does not indicate where the proposed docks tie into any sidewalks or decks at the Recreation Center; showing the relationship to public parking at the Recreation Center, does not show the relationship to the Sandpearl project and how residents or guests of Sandpearl accesses these docks nor does it address fire protection requirements (fire hydrants or fire risers) for these docks. Provide site plans that address these issues. In the second paragraph of Exhibit "B" of the application, the applicant asserts that a lease has been approved by City Council for the submerged lands. After discussion with our Legal Department, a lease was approved on 12/14/06, but has not been signed by Sandpearl or the City. Apparently Sandpearl wants to make some changes to the lease and it will need to go back to City Council for approval. Need to change information in this second paragraph and any other location in Exhibit "B" as appropriate as to any lease, since there is no signed lease. It is stated in the response to General Applicability criteria #4 in Exhibit "B" that a shuttle service will be provided by the Sandpearl concierge to and from the Sandpearl portion of the docks. What type of vehicle is anticipated for this shutter service and where will such shuttle service load/unload? Provide written material in Exhibit "B" and on all appropriate site plan sheets. The response to General Applicability criteria #6 in Exhibit "B" asserts the only adjacent upland affected by the proposed boat slips is the City's recreation center. It appears that the Belle Harbor development would also be affected, since the proposed docks are extending beyond the 25% of the waterway width. Revise response. The response to General Applicability criteria #6 in Exhibit "B" refers to the use of the facilities will be in accordance with the terms in the Development Agreement. Please be more specific, if at least in paraphrasing, as to the terms of the Development Agreement, so it is clear to the CDB, staff and the public what is meant by such statement. The response also refers to the "practices of the FDEP Clean Marina Program ". Please provide specifics as what is meant, so the CDB, staff and the public will know what is meant by such statement. Potential condition of approval to be included in the staff report: That there be no live- aboard vessels in any of the slips, no fueling facilities and no domestic sewage pump -out facilities at this site; Application is unclear as to the use of the 15 slips under control by the City. Are these slips to be sold or leased by the City to tenants or will it be solely for daytime use? How will such be controlled? Will there be an attendant to monitor use of the slips? Part of this question is to determine whether this the City's portion is a commercial dock or a marina (where slips are sold or leased) for case advertising purposes. Response to Section 3- 601.C.3.ii in Exhibit "B" indicates marinas are a Level One use in the Preservation District. All water is zoned Preservation District. Marinas are, however, related to upland development, which, in this case for the Recreation Center, is zoned Open Space/Recreation District. If this is not to be a marina, then the comment is unnecessary. Revise comment. Place on Sheet 1 of 6 the total square footage of dock (11,538 square feet). Development Review Agenda - Thursday, April 5, 2007 - Page 3 10 . To be consistent w0lothe way the waterfront property width was applied to the Belle Harbor project, the waterfront property width must be shown as follows: a. the waterfront property width along the south side of the property will be measured from the seawall on the west (closest to and parallel with Mandalay Avenue) to the extension of the eastern seawall extended south into the water as "x" (straight line, not following any curvature of the shoreline); and b. the waterfront property width along the east side of the property will be measured from the southern property line adjacent to Belle Harbor (perpendicular to Mandalay Avenue) extended eastward into the water to a line extended into the water from the south right -of -way line of Bay Esplanade as "y" (straight line, not following any curvature of the shoreline). (Note: "y" doesn't really have any bearing on the proposed docks, since there are no docks proposed on the east side [east of the recreation building]). Use "x" as the basis for calculation of dock setbacks and length. 11 . Based on the waterfront property width, using "x ", revise the required setback (should be around 95 feet). Therefore the western setback from the seawall closest to and parallel with Mandalay Avenue to the closest point of the proposed day slip dock should be about 143 feet. The eastern setback from a line extended south into the water from the eastern seawall (east of the recreation building) to the easternmost point of the public dock should be about 90 feet. Provide a dimension lines showing the proposed east and west setbacks. A setback reduction on the east will not be necessary since the property wraps around to the east. Revise request and all appropriate locations in Exhibit "B ". 12. Revise the proposed width of the dock in Section 3- 601.C.3.h.iii in Exhibit "B ". Unknown if a deviation is necessary. 13. It is indicated in the response to Section 3- 601.C.3.i that handrails are to be constructed to prevent the mooring of vessels outside of designated slips. No handrails are shown on portions of the docks to prevent such mooring, such as the north side of the 3 -slip day slip on the west on Sheet 1 of 6 and on the north side of the access walkway 2 and along the east side of the common walkway north of public slip #14. 14. Unclear why Sandpearl slips 1 - 13 are proposed to have boatlifts. Will these 13 slips be for the residential condominium owners? 15. Plans submitted indicate the 15 public slips versus the 24 Sandpearl slips. It is also unclear in the application material which of the 24 slips to be used by Sandpearl will be for residents (where the slips will be rented, leased or sold to attached dwelling [condominium] tenants) versus slips for use by the hotel (which are not to be rented, leased or sold). Need to be more specific. However, there is a note on the plans for the Sandpearl slips that they are "for lease to residents, Beach Club members, local residents ". This is contradictory of slips accessory to a residential condominium or a hotel. Leasing slips to Beach Club members or to local residents constitutes a Marina, which has not been requested. Additional parking is required for such. This was not the intent of that approved under the Development Agreement, per Section 5.03.10, which states under (ii) that use of the Boat Slips are limited to Project owners, tenants and guests. Beach Club members and local residents were not mentioned. Revise. 16. Application material needs to provide operational characteristics of these docks, such as, but not limited to, where any restricting gates are located, who will close gates, hours of operation, whether there will be any attendants, trash pickup, maintenance, lighting, etc. 17. Potential condition of approval to be included in the staff report: That one of the public use slips may be used in the future for a City fire boat; 18. Potential condition of approval to be included in the staff report: That use of the hotel -use slips be for exclusive use for the mooring of boats by guests of the hotel at 500 Mandalay Avenue and that the hotel -use slips are not permitted to be rented, leased or sold separately from use by guests of the hotel; 19 . Potential condition of approval to be included in the staff report: That boats moored at the Sandpearl residential condominium -use slips be for the exclusive use by the residents and/or guests of the Sandpearl residential condominiums and not be permitted to be sub - leased separately from the Sandpearl residential condominiums; Development Review Agenda - Thursday, April 5, 2007 - Page 4 0 20 . Potential condition Papproval to be included in the staff report: That a building permit to install the fire risers for the docks be submitted prior to Planning Department sign -off on the County dock permit application. Prior to completion of the docks, the fire riser permit shall be finalized; 21 . Potential condition of approval to be included in the staff report: That sidewalk access be provided on the upland to the dock, which must be handicap accessible. A building permit for the sidewalk construction shall be submitted prior to Planning Department sign -off on the County dock permit application. Prior to completion of the docks, the sidewalks permit shall be finalized; 22. Potential condition of approval to be included in the staff report: That signage be permanently installed on the docks or at the entrance to the docks containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; 23 . Potential condition of approval to be included in the staff report: That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. 24. Potential condition of approval to be included in the staff report: That lighting be installed at the ends of the docks to make the docks more visible to recreational boaters, slip owners and slip owners at Belle Harbor to find their slips at night; Other: No Comments Notes: This application is insufficient to move forward to the CDB. Please resubmit to be rescheduled for DRC review. Development Review Agenda - Thursday, April 5, 2007 - Page 5 - r_l Wells, Wayne From: Morris, William D. Sent: Wednesday, March 28, 2007 11:29 AM To: Wells, Wayne Subject: RE: FLD2007- 02003, 69 Bay Esplanade Wayne; the 15 (under the agreement the city was to get 1 /3rd of the slips) I was told were going to be at the east end which is why the docks are numbered the way they are (1 -15) and (1 -24) plus 3 day slips. One of the 15 was to be used for a "Fireboat" the city was going to buy at some future date. But until that point, they will all be used as public slips, first come first serve. The staff at the Sand Pearl will be responsible for the docks, there were to be gates on the docks so they could be locked and specific hours operation were designated. There was a public meeting and the original docks were approved as part of the development agreement and the people from Belle Harbor were so upset at the Meeting JMC met with some of them and redesigned the docks and scale it back. the 42 slip version is the new version. - - - -- Original Message---- - From: Wells, Wayne Sent: Wednesday, March 28, 2007 10:49 AM To: Morris, William D. Subject: RE: FLD2007- 02003, 69 Bay Esplanade me The 54 docks you refer to I believe were the 57 slips shown as "conceptual' in the Development Agreement. These 57 slips did not have any analysis of the marine circumstances, any relationship to Code requirements or anything else. Once all the research was done, and an actual design was prepared, it came out as 42 slips. There was no permit for these 57 slips. How will the 15 slips be used? Will they be rented or leased to tenants where the boats will sit, as at the Beach Marina or intended at the Downtown Marina, or only for daytime use on a first -come, first - served basis? How will the slips be monitored? If daytime use only, who will close /lock any gate, us or them? Also, there has been no prior meeting for these docks. Am unclear what meeting you refer to. Could you clarify so I can accurately put your comments in for the DRC meeting? Wayne - - - -- Original Message---- - From: Morris, William D. Sent: Wednesday, March 28, 2007 10:03 AM To: Wells, Wayne Cc: Yellin, Catherine Subject: RE: FLD2007- 02003, 69 Bay Esplanade Wayne, I have gone over the package again and I have no objections as this item passed once before on a larger scale (it was 54 docks, it is now 42). This design is one that will be easier to permit and is palatable to the local property owners. Bill M I just want to make sure that the city gets the use of slips labeled 1 through 15 at the Eastern End and ask how the Sand Pearl is going to manage the 3 day slips on the now isolated Western most dock that is no longer connected to the rest of the docks. This dock is in an area that has traditionally been open to the public, vessels will still try to access here. I did not see any access control gates on the diagrams. Additionally the "public use slips were going to have specific hours of operation and be locked /gated off. I just wanted to make sure the hours of operation were still identified as this was a major concern of the adjoining property owners at Belle Harbor. Not sure if any of this has any bearing on the DRC or not as it was not discussed in the last meeting. - - - -- Original Message---- - From: Wells, Wayne Sent: Wednesday, March 28, 2007 7:49 AM To: Morris, William D. • 0 Subject: FLD2007- 02003, 69 Bay Esplanade on Do you have any DRC comments for the above case? We have a pre -DRC meeting to discuss comments tomorrow. Thanks. Wayne Wells, Wayne From: Clayton, Gina Sent: Monday, April 09, 2007 3:46 PM To: Wells, Wayne Subject: FW: A06 -00080 Sand Pearl Boat Dock Agreement: IblNumAttach: 2 MessageGUID: { 975CC090- A6E4- 44A8- A75D- D6FD8D70BD4E} OriginalDate: None Originator: SQL Style: Sand Pearl Boat Dock Agreement I'm cleaning out e- mails and ran across this. For some reason it was sent to John ? ? ? ?? - - - -- Original Message---- - From: Dewitt, Gina Sent: Friday, December 15, 2006 10:19 AM To: Schodtler, John Cc: Akin, Pam; Clayton, Gina Subject: A06 -00080 Sand Pearl Boat Dock Agreement iPj ,!DjF�J�V,P'DjF Sandpearl Boat Sandpearl Boat Dock agmt Ex A.... Dock agmt IX B... Here's what I have for a description. The legal in Ex. B is actually of the upland property. Pam said the Yacht Basin is between the City Rec Center swimming pool and Belle Harbor, if that helps. It obviously won't have an address since it's in the water. Please let me know if you need anything else. Gina DeWitt Legal Office Administrator Clearwater City Attorney's Office 727 - 562 -4011 727 - 562 -4021 (fax) gina.dewitt @myclearwater.com 0 K-1 WIRDVA. U NIU, We MCA A I SICHS K ITZ � MON. 01M. 00 ".1 Bft ccl.4 (typ"d) G— B:J SLB -I I Control Print Rod s- C. Pi ;bd To et REMO- ol MP 12 SLPS 5e 11 sum SUPS I- MY su� '0 '0 C m '0 ,> omm"Te UNITS .. "m , We FL DOLN X U) Cie,, �f cle-l—f., T— cwEwf. JIMMRML. WRKPHOM CONSTRUCTION DRAWING EXHIBIT "B" CITY PROPERTY LEGAL DESCRIPTION Upland Property PID# 05/29/15/00000/330 /0100 is BEG AT NW COR LOT 9 YACHT BASIN SUB RUN N'LY ALONG E R/W MANDALAY AVE 400 FT(S) TH FLY ALONG S R/W CLEARWATER ST 915 FT(S) TH S'LY ALONG SEAWALL 195 FT (S) TH W'LY MEANDERING SHORELINE 700 FT(S) TH S'LY 100 FT(S) TH SW'LY ALONG SEAWALL 245 FT(S) TH S'LY 60 FT(S) TH W'LY 27 FT(S) TO POB CONT 4.13 AC(C) 1 � MINE Anew ■ Iwo ■ ■ ai V. FA 3� rwater U PREPARED BY PUBLIC WORKS ADMINISTRATION ENGINEERING I GIS 100 S. Myrtle Ave., Clearwater, FL 33756 Ph.: (727)562.4750, Fax: (727)526+1755 www.MyClearwatercom Dtrdlbnr. HWreMmwele Elgq MiMlAM'ew bb'DrCblMlgr WNbw6,ISAYrJm"Mllphemrp, -*V t)a smpfe0 nd uwo M er nPPbO MR ws ,lNenOl,�q Rtl en eed �wNd„tlmalegrbrxouPPTe olCS�bYN.Pq»q ITAdruebnlminM,y. A.01N er CMalQenwAMPlt'A/E mtl e m wlmnw..epuue a q�pG4 mominp w. . PMPIDR mleDDb. o/aOwach rq,, berry eRrgbCPMwv. MIIHeroA IM tle'ar Qe�eer PH'AE tlruA mrglry�erwDO.wa..r.ea.ge+m, wP,aPnmMO. AN wq )sE r.. �`I,/ xm roo o mo r s AEegF,DMLDetelele blgl .w,aunlq DregR�T/ Imo •MAOPMb P. ww v.! DNMAD•f Rln�,e 11kN1�N�mCQro,nMm ObOD •�� II,Vevlm/Ca��vehn CDI.O.EaCGLODIREIe exrwt Yel DBlaCle O.Owa D1T.FWXI�IerWN �tl T,E,YAgr T.TOlYm I. wpq�MwW 0- D. DNe. D -OensP P.Rnowap� w,lenNp City Owned Property Agreement to Annex D Annexation o Deannexation Correction o Rezoning E,.— ] SUB NUMBER (• . Refer to Plat) OBLOCK NUMBER OSUB PARCEL NUMBER OPARCEL NUMBER (MaB) �- LAND HOOK (COMMON OWNERSHB PLATTED SUSOPMION BOUNDARY Q COUNTY HIGHWAY O STATE HIGHWAY u US. HIGHWAY Outside City of Clearwater Zoning Atlas Mar 21, 2005 SW 114 of 5 -29 -15 258A pill aiii E 101111=T.m ® iN451 -1 'G7 J OMNIf1•.�� us Ali 10lu � v i f FA 3� rwater U PREPARED BY PUBLIC WORKS ADMINISTRATION ENGINEERING I GIS 100 S. Myrtle Ave., Clearwater, FL 33756 Ph.: (727)562.4750, Fax: (727)526+1755 www.MyClearwatercom Dtrdlbnr. HWreMmwele Elgq MiMlAM'ew bb'DrCblMlgr WNbw6,ISAYrJm"Mllphemrp, -*V t)a smpfe0 nd uwo M er nPPbO MR ws ,lNenOl,�q Rtl en eed �wNd„tlmalegrbrxouPPTe olCS�bYN.Pq»q ITAdruebnlminM,y. A.01N er CMalQenwAMPlt'A/E mtl e m wlmnw..epuue a q�pG4 mominp w. . PMPIDR mleDDb. o/aOwach rq,, berry eRrgbCPMwv. MIIHeroA IM tle'ar Qe�eer PH'AE tlruA mrglry�erwDO.wa..r.ea.ge+m, wP,aPnmMO. AN wq )sE r.. �`I,/ xm roo o mo r s AEegF,DMLDetelele blgl .w,aunlq DregR�T/ Imo •MAOPMb P. ww v.! DNMAD•f Rln�,e 11kN1�N�mCQro,nMm ObOD •�� II,Vevlm/Ca��vehn CDI.O.EaCGLODIREIe exrwt Yel DBlaCle O.Owa D1T.FWXI�IerWN �tl T,E,YAgr T.TOlYm I. wpq�MwW 0- D. DNe. D -OensP P.Rnowap� w,lenNp City Owned Property Agreement to Annex D Annexation o Deannexation Correction o Rezoning E,.— ] SUB NUMBER (• . Refer to Plat) OBLOCK NUMBER OSUB PARCEL NUMBER OPARCEL NUMBER (MaB) �- LAND HOOK (COMMON OWNERSHB PLATTED SUSOPMION BOUNDARY Q COUNTY HIGHWAY O STATE HIGHWAY u US. HIGHWAY Outside City of Clearwater Zoning Atlas Mar 21, 2005 SW 114 of 5 -29 -15 258A !Y y1 9 • KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2005034535 01128/2005 at 04:47 PM OFF REC BK: 14089 PG: 314 -451 DocType:GOV RECORDING: $1174.50 DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF CLEARWATER between THE CITY OF CLEARWATER, FLORIDA and CBR DEVELOPMENT 1, LLC AND CBR DEVELOPMENT II, LLC Dated as of , 2005 �xCec P 4" r` t" D0041 °�� DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF CLEARWATER This Develo meat Agreement for Property in the City of Clearwater (the "Agreement ") is made as of this day of VA.( , 2005, by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal co poration (the "City ") and CBR Development I, LLC, a Florida limited liability company and CBR Development II, LLC, a Florida limited liability company (collectively, the "Developer"). WITNESSETH: WHEREAS, the City of Clearwater has embarked on a community revitalization effort for Clearwater Beach; WHEREAS, one of the major elements of the City's revitalization effort is a preliminary design for the revitalization of Clearwater Beach entitled Beach by Design; WHEREAS, the City has adopted Beach by Design pursuant to the Pinellas Planning Council's Rules in support of the City's Comprehensive Plan; WHEREAS, Beach by Design proposed a limited number of catalytic resort projects to reposition and re- establish Clearwater Beach as a quality, family resort community and further provides for a limited pool of additional hotel units (HotelUnit Pool) to be made available for such projects; WHEREAS, because increased residential density on barrier islands is a critical concern under .Florida law , Beach By Design limits the use of the Hotel Unit Pool to overnight accommodations and limits tenancies to 30 days or less; WHEREAS, a key criteria for eligibility for the Hotel Unit Pool is the maintenance and operation of the project of as resort hotel operating under a national or international "flag" or other comparable marketing affiliation or program; WHEREAS, Developer has proposed to develop a mixed use project, including a quality resort hotel, on certain property frontng on Mandalay Boulevard (the "Project Site "); WHEREAS, it is necessary that the City take certain actions in order to make it possible for Developer to develop the Project Site in accordance with the goals and objectives of Beach by Design; WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 et sea. Fla. Stat. and applicable law; WHEREAS, the City has determined that as of the Effective Date of this Agreement, the proposed development is consistent with the City's Comprehensive Plan and Land Development Regulations; WHEREAS, at a duly called public meeting on JGt+Iuar X) , 2005, the City Council approved this Agreement, and authorized and directed it6 execution by the appropriate officials of the City; and Development Agreement Page 1 ADOPTED F- *ndhurdeACRy Devebpmem Agl 17 FMALdoe 0 0 the conveyance of the Beach Property as additional consideration for the allocation of the additional hotel units from the Hotel Unit Pool and, as approved by the City Manager, in satisfaction of the Recreation Facility Land Fees and Open Space Fees as to the Project. Developer shall not be excused from payment of the Recreation Facility Fees which shall be due and payable in accordance with the City ordinance imposing such fees. The property owned by Developer between the Beach Property and the portions of the Project site to be improved, as described on the attached Exhibit BB =3, is hereafter referred to as the "Upland Property ". The general public shall be entitled to continue to use the Upland Property as the general public is currently using such property. Future use of the Upland Property by the general public shall not unreasonably interfere with or disturb the use of such property by Developer and its successors, assigns, tenants, invitees and guests. The Developer and its successors, assigns, tenants, invitees and guests shall be entitled to use the Beach Property in the future to the same extent and in the manner as the general public. The City shall have the exclusive right to grant concessions as to the Beach Property. Subject to applicable City regulations and permitting requirements, the Developer may operate on the Upland Property concessions related to the use of the beach and the adjacent waters by the general public and tourists visiting the beach area, and by the Developer, its successors, assigns, tenants, invitees and guests. Such concessions will be limited to the sale, rental or use of equipment, products and services as is then common to the recreational and other use of the beach and the recreational uses on, in and under the adjacent waters of the Gulf of Mexico. City and Developer agree to impose a land use restriction on the Beach Property and Upland Property that will prohibit use of such property for jet -ski or para -sail operation concessions. 9. Approval of Construction Beyond CCCL and /or in V Zone. The City acknowledges that for Developer to provide a quality beach resort, it will be necessary for Developer to construct and operate certain improvements below the base flood elevation and /or seaward of the Coastal Construction Control Line, such improvements to include pool(s), spa(s), decks, pool bathrooms, pool bar /grill, boardwalks, landscaping and associated improvements and facilities (the "Amenity Improvements ") as further described on the attached Exhibit L. The City shall cooperate with Developer in obtaining all necessary Permits for the Amenity Improvements and agrees that such Amenity Improvements are necessary requirements for a quality beach resort hotels. 10. Boat Docking Facilities. The City owns certain real property adjoining boat basin immediately to the North of the Belle Harbor Condominium project ( "Boat Basin "). The City agrees to jointly pursue with Developer the acquisition of a sovereignty submerged lands lease ( "SSLL ") from the State of Florida that will permit construction of boat docking facilities ( "Boat Docking Facilities "). Developer agrees to pursue, at Developer's expense, the SSLL, all required Permits for construction of boat slips (the "Boat Slips ") in the Boat Basin as conceptually depicted on the attached Exhibit N. In the event Developer is able to obtain the SSLL and Permits for the Boat Slips, the City and Developer shall enter into an agreement in the form attached as Exhibit N -1 that will authorize the Developer to construct the new Boat Slips, at Developer's sole expense, and provide for the Developer and its designated successors and assigns to have the right to utilize sixty -seven percent (67 %) of such Boat Slips so long as the Boat Docking Facilities continues to exist. The agreement will provide (i) for Developer to pay all maintenance and repair costs for the Boat Slips, (ii) for use of the Boat Slips to be limited to Project owners, tenants and Development Agreement Page 10 ADOPTED H#ne emteACIty Dwelopmem Agt 17 FINAL.doc guests, (iii) for Developer to provide a shuttle service to the Boat Slips from the Project, and (iv) for the assignment of Boat Slips to be limited to Project owners. 11. Sales /Construction Offices. The City acknowledges Developer's plan to construct sales /construction offices on a portion of the Project Site. City agrees to expedite the review of any permit application submitted by Developer as to the sales /construction offices. 12. Improvements Within Right- of -Way. The City authorizes the Developer to make certain Project improvements within the City rights -of -way adjoining the Project Site as depicted on the approved site plan ( "Project Improvements "). City will grant to Developer a Right -of -Way Permit to install, maintain, repair and replace all encroaching Project Improvements approved by the City; provided, however, that Developer shall be solely responsible for all costs relating to the Project Improvements and shall execute and deliver to City a maintenance agreement in form and content reasonably acceptable to City. 13. Timely Completion. The City recognizes the public importance of the timely completion of the proposed Project, and time is deemed to be of the essence. The City considers this Agreement as overall authority for the Developer to proceed to permit, and agrees to implement a fast -track review, permitting, and inspection program for this Project. 5.04. Obligations of the Developer. 1. Resort Hotel Project. The Developer. shall build and operate a no less than two hundred forty (240) room resort hotel to be operated as a quality resort in accordance with the Minimum Quality Standard as provided for in ExhibitB-11. 2. Responsibilily for On -Site Costs. The Developer shall be responsible for all on -site costs relative to the development of the Project, including the private parking spaces. .3. Mandalay, Baymont, Ambler and San Marco Improvements. The Developer shall be responsible for all design and construction costs for all Mandalay and Baymont Improvements as provided on Exhibits H and I and for all design and construction costs for all Ambler and San Marco Improvements as provided on Exhibits J and K. 4. Storm Drainage Improvement The Developer shall design and construct storm drainage improvements for the City in the San Marco Street right -of -way in accordance with the approved site plan ( "San Marco Drainage Improvements "). The Developer further agrees to design and construct storm drainage improvements north of Baymont Street within the Mandalay Avenue right -of -way and the connection to Clearwater Bay as shown on the approved site plan ( "Mandalay Drainage Improvements "). City shall reimburse Developer for all reasonable design and construction costs for the San Marco Drainage Improvements. Developer shall pay all design and construction costs for the Mandalay Drainage Improvements. 5. Covenant of Unified Use. The Developer hereby agrees to execute the covenant of unified use and development for the Controlled Property providing that the Controlled Property shall be developed as a single project and operated and used as a unified mixed use project, which is attached as Exhibit M; provided however, that nothing shall preclude the Developer from selling all or a portion of the Controlled Property in Development Agreement Page 11 ADOPTED F:VmdhumeWd4 OmeM med Apt 17 FINAL.doe IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of this 26,` 'day of , 2005. Attest: By: An prov6d-a; dJorhi n�,cgrr c ti�ss .4 t Eq`uire City Attoroey:. STATE OF FLbRjbA:� .. COUNTY OF PINELU4$ THE CITY OF CLEARWATER, FLORIDA The f regoing instru enf was acknowled ed before me this aZ&day of 2005, byha� -/i 7i and . Cam M�a� respectively, for the City of Clearwater, Florida, behalf of th ity, who is &'Personally known to me or o has produced a Florida driver's license or o as identification. Development Agreement Page 39 ADOPTED NOTAWY LIC Printed Name: 'q 2)1 n/A Commission No. D My Commission expires: // F aab 8 Mary K. Diana r- Commission # DD370194 Exp�+es November 8, 2008 � eaa•a Tr•y F•Yt • tnnrtuK•, � eog.�esaole F:*nGkhMeACky Dev lopmem Agt 17 FINALdoc CBR DEVELOPMENT I, LLC, a Florida limited liability company By: CBR Communities I, Ltd., a Florida limited partnership Managing Member By: JMC Communities of a Florida comoration, arwater V, Inc. neral Partner By: Name: J. Vj6hael Cheezem Title: C STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of �Florid 2005, J. Michael Cheezem, as CEO of JMC Communities of Clearwater V, nc. corporation, the General Partner of CBR Communities I, Ltd., a Florida limited partnership, the Managing Member of CBR Development I, LLC, a Florida limited liability company, who is personally known to me or ❑ has produced a Florida driver's license or ❑ as identification. Development Agreement Page 40 ADOPTED NOTARY F'UBLI Printed Name: - `/ t" Commission No. My Commission expires: 7 /S =D ,'.'tr: G. SPRING COPEI.AND ., MY COMMISSION N DD 144839 EXPIRES: September 15,2M6 si Bonded Th u (JOfary pubrc tMderlurders F..Vnft mtenCMy Development Agt 17 FINALdoc CBR DEVELOPMENT II, LLC, a Florida limited liability company By: CBR Communities II, Ltd., a Florida limited partnership Managing Member By: JMC Communities of Clearwater VI, Inc. a Florida c 9" L ration, General Partner By. Name: J. Wqffiael C eezem Title: CE STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this a:- day of 2005, J. Michael Cheezem, as CEO of JMC Communities of Clearwater VI, c., a Flori a corporation, the General Partner of CBR Communities II, Ltd., a Florida limited partnership, the Managing Member of CBR Development II, LLC, a Florida limited liability company, who is personally known to me or ❑ has produced a Florida driver's license or ❑ as identification. Development Agreement Page 41 ADOPTED I Printed �" a� Name: Commission No. ,IWK,37 My Commission expires: =COPELAND PEUWp DD 144839 er 15, 2006 ic undenvdwers F..VndhuntW0ty Deve4ment Ag1 17 FINAL.doe EXHIBIT N Development Agreement Page 99 ADOPTED. F.VW*mftACgy DevebpmeN Apt 17 FI ALdw MANDALAY AVE. Development Agreement Page 100 ADOPTED H CONIMAm WBOR F. dnttda�Ltly Apt 17 FRJALd. • Development Agreement Page 101 ADOPTED EXHIBIT N -1 • FymtUuWaAClty Devabpment Agt 17 FINALdee EXHIBIT N-1, BOAT DOCK AGREEMENT AGREEMENT This Agreement (the "Agreement ") is made as of this day of ' , 200_, by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City ") and CBR DEVELOPMENT I, LLC, a Florida limited liability company (the "Developer "). WITNESSETH: WHEREAS, the City of Clearwater and Developer have entered into a Development Agreement for Property in the City of Clearwater of even effective date (the "Development Agreement "); WHEREAS, Section 5.03.10 of the Development Agreement provides for the City and Developer to enter into an agreement providing for the construction of shared boat docking facilities ( "Boat Dock Facilities ") within a boat basin ( "Boat Basin') adjoining City owned real property ( "City Property"), which Boat Basin and Boat Docking Facilities are conceptually depicted on the attached Exhibit "A "; WHEREAS, the construction and use of the Boat Docking Facilities will further the objectives of the City and facilitate the development by Developer of the mixed use resort Project, as provided in the Development Agreement; WHEREAS, at a duly called public meeting on , 200_, the City Council approved this Agreement, and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the members of Developer have approved this Agreement and have authorized the undersigned individual to execute this Agreement on its behalf. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: ARTICLE 1. DEFINITIONS. 1.01. Definitions. The capitalized terms used in this Agreement that are not defined shall have the meanings given to such terms in the Development Agreement. 1.02. Use of Words and Phrases. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall include the plural as well as the singular number, and the word "person" shall include corporations and associations, limited liability corporations and partnerships, including public bodies, as well as natural persons. "Herein," hereby, hereunder, hereof, hereinbefore, hereinafter' and other equivalent words refer to this Agreement and not solely to the particular portion thereof in which any such word is used. Development Agreement Page 102 ADOPTED F,*-*- tleACll7 Gevebpnere A91 17 MAU= 1.03. Florida Statutes. All references herein to Florida Statutes are to Florida Statutes (2004), as amended from time to time. ARTICLE 2. PURPOSE AND DESCRIPTION OF BOAT DOCKING FAICLITIES 2.01. Finding of Public Purpose and Benefit. The proposed Boat Docking Facilities, including the design, construction, completion and use of the Boat Docking Facilities, is hereby found by the parties hereto: (1) to be consistent with and in furtherance of the objectives of the Comprehensive Plan of the City of Clearwater, (2) to conform to the provisions of Florida law, (3) to be in the best interests of the citizens of the City, (4) to further the purposes and objectives of the City, (5) to further the public interest on Clearwater Beach, and (6) to implement Beach by Design, including the creation of the new quality hotel resort to be constructed as a part of the Project. 2.02. Purpose of Agreement The purpose of this Agreement is to further the implementation of Beach by Design by providing for the development of the Boat Docking Facilities, all to enhance the quality of life, increase employment and improve the aesthetic and useful enjoyment of Clearwater Beach and the City, all in accordance with and in furtherance of the Comprehensive Plan of the City of Clearwater and as authorized by and in accordance with the provisions of Florida law. 2.03. Scope of the Project. 1. The Boat Docking Facilities are contemplated to include a central pier, finger piers and associated pilings as conceptually depicted on the attached Exhibit "A ", which will accommodate a maximum of 57 boat slips ( "Boat Slips "). The Developer and its designated successors and assigns shall have the right to utilize exclusively sixty- seven percent (67 %) of the Boat Slips so long as the Boat Docking Facilities continue to exist ( "Developer Slips "). The City shall have the right to control the use of all remaining Boat Slips ( "City Slips "). The City shall have the right to utilize the City Slips for day docking or for any other purpose permitted by the SSLL (hereafter defined). 2.. The Developer shall have the right to install a gate or other access /security. improvements on the central pier at the location on the pier that the Developer Slips begin. 3. The Developer shall have the right, at its expense, to install water and electric lines serving the Developer Slips and the City shall cooperate as to extension and connection of such utilities. All utilities provided to the Developer Boat Slips shall be separately metered and Developer shall pay all utility connection and usage charges. Utilities shall not be provided by Developer to the City Slips. 4. Developer shall pay for all maintenance and repair costs for the Boat Slip Facilities, including costs relating to the City Slips. 5. Developer agrees that use of the Developer Boat Slips shall be limited to owners, tenants and guests of the Project and any sublease or assignment by Developer of rights to utilize Developer Boat Slips shall be limited to Project owners. 6. During the term of this Agreement, Developer shall provide a shuttle service to the Boat Docking Facilities from the Project. Development Agreement Page 103 ADOPTED F..VMW2der%C4 DftV4n and Apt 17 F ALdw 2.04. Cooperation of the Parties. The City and the Developer recognize that the successful development of the Boat Docking Facilities and each component thereof is dependent upon the continued cooperation of the City and the Developer, and each agrees that it shall act in a reasonable manner hereunder, provide the other party with complete and updated information from time to time, with respect to the conditions such party is responsible for .satisfying hereunder and make its good faith reasonable efforts to ensure that such cooperation is continuous, the purposes of this Agreement are carried out to the full extent contemplated hereby and the Boat Docking Facilities are designed, constructed, completed and used as provided herein. ARTICLE 3. REGULATORY PROCESS. 3.01 Development Approvals and Permits. 1. Applications for Development Approval. The Developer shall prepare and submit to the appropriate governmental authorities, including the City, applications forapproval of the State of Florida Sovereignty Submerged Lands Lease ( "SSLL "), all required permits ( "Permits "), and all plans and specifications ( "Plans and Specifications ") necessary for the Boat Docking Facilities, and shall bear all costs of preparing such applications, applying for and obtaining such approvals and permits, including payment of any and all applicable application, inspection, and regulatory fees or charges. The City shall, to the extent possible, expedite review of all applications. The failure of this Agreement to address a particular permit, condition, or term of restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 2. City Cooperation and Assistance. The City shall cooperate with the Developer in obtaining the SSLL and all necessary Permits required for the construction, completion and use of the Boat Docking Facilities. If requested by the Developer and authorized by law, the City will join file or in the filing of any application for the SSLL or any Permit, or, alternatively, recommend to and urge any governmental authority that such SSLL or Permit be issued or approved. 3. City Authority Preserved. The City's duties, obligations, or responsibilities under any section of this Agreement, specifically. including, but not limited to, this Section 3.02, shall not affect the City's right, duty, obligation, authority and power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building regulations. Notwithstanding any other provision of this Agreement, any required permitting, licensing or other regulatory approvalsby the City shall be subject to the established procedures and substantive requirements of the City with respect to review and permitting of a project of a similar or comparable nature, size and scope. In no event shall the City, due to any provision of this Agreement, be obligated to take any action concerning regulatory approvals except through its established procedures and in accordance with applicable provisions of law. 3.02. Concurrency. 1. Concurrency Required. The parties hereto recognize and acknowledge that Florida law (specifically, Part II, Chapter 163, Florida Statutes, and Rule 9J -5, Florida Administrative Code, collectively the "Growth Management Act ") imposes restrictions Development Agreement Page 104 ADOPTED FVn 4wrfteCfty Dsvebpm M Apt 17 F ALdoe on development if adequate public improvements are not available concurrently with that development to absorb and handle the demand on public services caused by development. The City has created and implemented a system for monitoring the effects of development on public services within the City. The Developer recognizes and acknowledges it must satisfy the concurrency requirements of Florida law and the City's regulations as applied to the Boat Docking Facilities. 2. Reservation of Capacity. The City hereby agrees and acknowledges that as of the Effective Date of this Agreement, the Boat Docking Facilities satisfy the concurrency requirements of Florida law. The City agrees to reserve the required capacity to serve the Boat Docking Facilities for the Developer and to maintain such capacity for a period of three (3) years from the Effective Date of this Agreement and that such period shall be automatically extended for an additional three (3) years if the Developer commences construction within the initial three (3) year period. The City recognizes and acknowledges that the Developer will rely upon such reservation in proceeding with the Boat Docking Facilities. 3. Required Public Facilities. In addition to the obligations of the City and the Developer set out in Article 5 of this Agreement, the Water Utilities Department of the .City will provide potable water service to the Boat Docking Facilities. ARTICLE 4. PLANS AND SPECIFICATIONS. 4.01. Plans and Specifications: 1. Responsibility for Preparation of Plans and Specifications The Developershall be solely responsible for and shall pay the cost of preparing, submitting and obtaining approval of the Plans and Specifications for the Boat Docking Facilities. 2. Use of Qualified Professionals. The Developer shall retain qualified professionals to prepare the Plans and Specifications and shall cause such professionals to prepare the Plans and Specifications. ARTICLE 5. DEVELOPMENT OF BOAT DOCKING FACILITIES .5.01. Ownership of City Property. The City is the owner the City Property which is more particularly described in Exhibit "B" to this Agreement and has the littoral (riparian) rights required to apply for the SSLL. 5.02. Boat Basin. The Boat Basin in which the Boat Docking Facilities are to be constructed adjoins the City Property, is located on State of Florida.sovereignty submerged lands, and is depicted on the attached Exhibit "B ". 5.03. Obligations of the City. 1. SSLL. The Developer shall, at its expense, cause to be prepared the application for the SSLL. The City shall execute and file with the State of Florida such application. The City shall cooperate with the Developer with required processing of the application for the SSLL and upon approval, shall execute and deliver the SSLL to the State of Florida. So long as this Agreement remains in effect, the City shall assist Developer and timely apply for renewals of the SSLL. Developer shall pay all lease Development Agreement Page 105 . ADOPTED F*ndth eite" DevebpmeM Apt 17 FINAL and other payments due the State of Florida pursuant to the SSLL, including all payments due for renewal terms. 2. Permits. The City will cooperate and coordinate with the Developer with regard to all Permit applications, including those to state agencies, and will facilitate or expedite, to the greatest extent possible, fie permit approval process. 3. Improvements. The Developer, at its expense, shall construct all improvements constituting the Boat Docking Facilities. 4. Timely Completion. The City recognizes the public importance of the timely completion of the proposed improvements, and time is deemed to be of the essence. The City considers this Agreement as overall authority for the Developer to proceed to permit, and agrees to implement a fast -track review, permitting, and inspection program for the Boat Docking Facilities. ARTICLE 6. PROJECT FINANCING. 6.01. Assignment of Rights Under Agreement To Project Lender. Developer may assign to the Project Lender all its right, title and interest under this Agreement as security for any indebtedness of Developer. The execution of any assignment, security agreement, or other instrument, or the foreclosure of the instruction or any sale under the instrument, either by judicial proceedings or by virtue of any power reserved in the mortgage or deed of trust, or conveyance in lieu of foreclosure by Developer to the holder of such indebtedness, or the existence of any right, power, or privilege reserved in any instrument, shall not be held as a violation of any of the terms or conditions of this Agreement, or as an assumption by the holder of such indebtedness personally of the obligations of this Agreement. No such assignment, foreclosure, conveyance or exercise of right shall relieve Developer from its liability under this Agreement. 6.02. Cooperation. The City and the Developer shall cooperate as to reasonable requests for assurances any proposed Project Lender for the purpose of implementing the mortgagee protection provisions contained in this Agreement and allowing the Project Lender reasonable means to protect or preserve the liens of such Project Lender upon the occurrence of a default under the terms of this Agreement. ARTICLE 7. CONSTRUCTION OF PROJECT. 7.01... Site. The Developer shall be responsible for all site investigation and environmental testing. 7.02. Construction of Boat Docking Facilities. 1. a. Commencement. Developer shall construct the Boat Docking Facilities substantially in accordance with the Plans and Specifications therefor. Developer shall commence construction of the Boat Docking Facilities ( "Commencement Date ") on or before one (1) year after receipt of the SSLL and all Permits, and expiration or resolution of all appeal /challenges thereto ( "Approval Effective Date "). b. For purposes of this Section 7.02, "commence construction" means Development Agreement Page 106 ADOPTED F JMdkA WZ1ty DevebpneM Agt 17 FINALdoe r • commencement of meaningful physical development of the Boat Docking Facilities as authorized by the Permits therefor which is continued and diligently prosecuted toward completion of the Boat Docking Facilities. C. All obligations of Developer (including deadlines in the Commencement Date) with respectto commencement and continuation of construction shall be subject to delays and extensions from time to time for Unavoidable Delay (see Article 15). Developer shall not be deemed to be in default of this Agreement to the extent construction of the Boat Docking Facilities, or a part thereof, is not complete by reason of Unavoidable Delay. 2. Pursuit of Construction. After the Commencement Date, Developer shall continue, pursue and prosecute the construction of the Boat Docking Facilities with due diligence to completion, and shall not at any time actually or effectively have abandoned (or its Contractor having actually or effectively abandoned) the Boat Docking Facilities. For purposes of this subsection 7.02.2, "abandoned" means to have ceased any construction work which effectively advances the construction of the Boat Docking Facilities toward completion, including removing all or substantially all of the construction work force from the site of the Boat Docking Facilities for a period of not less than sixty (60) days. 3. Maintenance of Construction Site. During the construction of the Boat Docking Facilities, Developer shall, at its own expense, keep the Boat Docking Facilities and all adjoining City Property in reasonably good order and condition. 4. Construction Completion. Developer agrees to complete the Boat Docking. Facilities on or before one (1) year after the Commencement Date. 7.03. City Not in Privity. The City shall not be deemed to be in privity of contract with any Contractor or provider of services with respect to the construction of any part of the Boat Docking Facilities not constituting all or any part of public improvements. 7.04. Construction Sequencing and Staging Area. The Developer shall construct the Boat Docking Facilities in a manner and fashion which will minimize the inconvenience of the construction on the property owners of Clearwater Beach and the residents of the City and the use of the City Property. The City agrees to allow Developer to use portions of the City Property as designated by the City for construction staging during construction of the Boat Docking Facilities, without charge to the Developer, provided that such staging area does not unreasonably affect the continued use of the City Property as provided for in this Paragraph. ARTICLE 8. INDEMNIFICATION. 8.01. Indemnification by the Developer. 1. The Developer agrees to indemnify, defend and hold harmless, the City, its respective agents, officers, or employees from any and all liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees through appellate proceedings, for personal injury, bodily injury, death or property damage arising out of, or by reason of any act or omission of the Developer, its agents, employees or contractors arising out of, in connection with or by reason of, the performance of any and all services covered by this Agreement, or which are Development Agreement Page 107 ADOPTED F.VnWnmWCAy DevebWrwd Agf 17 FK8.Ldoe 0 . . . 10 alleged to have arisen out of, in connection with or by reason of, the performance of any and all services covered by this Agreement. 2. The Developer shall indemnify, defend and hold harmless the City, its officers and employees from any and all liabilities, damages, costs, penalties, judgments, claims, demands, losses, or expenses (including, but not limited to, actual attomeys' fees and engineering fees) arising from or attributable to any breach by the Developer, as the case may be, of any representations or warranties contained in Section 9.01, or covenants contained in Section 9.02. 3. The Developer's indemnity obligations under subsections (1) and (2) of this Section shall survive the earlier of the Termination Date or the Expiration Date, but shall apply only to occurrences, acts, or omissions that arise on or before the earlier of the Termination Date or the Expiration Date. 4. The Developer's indemnity hereunder is in addition to and not limited by any insurance policy and is not and shall not be interpreted as an insuring agreement between or among the parties to this Agreement, nor as a waiver of sovereign immunity for any party entitled to assert the defense of sovereign immunity. 8.02. Indemnification by the City. To the extent permitted by law, the City agrees to indemnify, defend and hold harmless, the Developer, its respective officers, and employees from any and.all liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees through appellate proceedings, for personal injury, bodily injury, death or property damage arising out of, or by reason of, any act or omission of the City, its respective agents or employees arising out of, in connection with or by reason of, the performance of any and all services covered by this Agreement, or which are alleged to have arisen out of, in connection with or by reason .of, the performance of any and all services covered by this Agreement. 2. The City shall indemnify, defend and hold harmless the Developer, its officers and employees from any and all liabilities, damages, costs, penalties, judgments, claims, demands, losses, or expenses (including, but not limited to, actual attorneys' fees and engineering fees) arising from or attributable to any breach by the City, asthe case may be, of any representations or warranties contained in Section 10.01, or covenants contained in Section 10.02. 3. The City's indemnity obligations under this Section 8.02 shall survive the earlier of the Termination Date or the Expiration Date, but shall only apply to occurrences, acts or omissions that arise on or before the earlier of the Termination Date or the Expiration Date. The City's indemnity hereunder is not and shall not be, interpreted as an insuring agreement between or among the parties to this Agreement, but is in addition to and not limited by any insurance policy provided that said obligation shall not be greater than that permitted and shall be limited by the provisions ofsection 768.28, Florida Statutes, or any successor statute thereto. 8.03. Limitation of Indemnification. Notwithstanding anything to the contrary contained herein, with respect to the indemnification obligations of the Developer (as set forth in Section 8.01) and the City (as set forth in Section 8.02), the following shall apply: Development Agreement Page 108 ADOPTED FVnMvrMC1l7 Devebpmva A91 17 FINALdo¢ I. The indemnifying party shall not be responsible for damages that could have been, but were not, mitigated by the indemnified party; 2. The indemnifying party shall not be responsible for that portion of any damages caused by the negligent or willful acts or omissions of fie indemnified party; and 3. There shall be no obligation to indemnify hereunder in the event that the indemnified party (1) shall have effected a settlement of any claim without the prior written consent of the indemnifying party, or (2) shall not have subrogated the indemnifying party to the indemnified party's rights against any third party by an assignment to the indemnifying party of any cause or action against such third party. ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE DEVELOPER. 9.01. Representations and Warranties. The Developer represents and warrants to the City that each of the following statements is currently true and accurate and agrees the City may rely upon each of the following statements: 1. The Developer is a Florida Limited Liability Company duly organized and validly existing under the laws of the State of Florida, has all requisite power and authority to carry on its business as now conducted, to own or hold its properties and to enter into and perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party, is qualified to do business in the State of Florida, and has consented to service of process upon a designated agent for service of process in the State of Florida. 2. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the Developer is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the Developer, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof. (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the Developer, (iii) contravenes or results in any breach of, default under or, other than as contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of the Developer under any indenture, mortgage, deed of trust, bank loan or credit agreement, the Developer's Articles of Organization, or, any other agreement or instrument to which the Developer is a party or by which.the Developer may be bound. 3. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the Developer is or will be a party constitutes, or when entered into will constitute, a legal, valid and binding obligation of the Developer enforceable against the Developer in accordance with the terms thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. Development Agreement Page 109 ADOPTED F.y nditYtwTJky Deva "wd Agt 17 F WALdoc 4. There are no pending or, to the knowledge of the Developer threatened actions or proceedings before any court or administrative agency against the Developer, or against any controlling shareholder, officer, employee or agent of the Developer which question the validity of this Agreement or any document contemplated hereunder, or which are likely in any case, or in the aggregate, to materially. adversely affect the consummation of the transactions contemplated hereunder or the financial condition of the Developer. 5. The Developer has filed or caused to be filed all federal, state, local and foreign tax returns, if any, which were required to be filed by the Developer and has paid, or caused to be paid, all taxes shown to be due and payable on such returns or on any assessments levied against the Developer. 6. All documentation, including that pertaining to the Boat Docking Facilities or the Developer, delivered by the Developer to the City was, on the date of delivery thereof, true and correct. 7. The principal place of business and principal executive offices of the Developer is in St. Petersburg, Florida, and the Developer will keep records concerning the Boat Docking Facilities (such as construction contracts, financing documents and corporate documents) and all contracts, licenses and similar rights relating thereto at an office .in Pinellas County. 8. As of the Effective Date, the Developer will have the financial capability to carry out its obligations and responsibilities in connection with the development of the Boat Docking Facilities as contemplated by this Agreement. 9. The Developer has the experience, expertise, and capability to develop, cause the construction, and complete the Boat Docking Facilities and, oversee and manage the design, planning, construction, completion and use of the Boat Docking Facilities. 9.02. Covenants. The Developer covenants with the City that until the earlier of the Termination Date or the Expiration Date: 1. The Developer shall timely perform or cause to be performed all of the obligations contained herein which are the responsibility of the Developerto perform. 2. During each year that this Agreement and the obligations of the Developer under this Agreement shall be in effect, the Developer shall cause tobe executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals and shall cause to occur those events contemplated by this Agreement that are appicable to, and that are the responsibility of, the Developer. 3. The Developer shall assist and cooperate with the City to accomplish the development of the Boat Docking Facilities by the Developer in accordance with the Plans and Specifications, and this Agreement, and will not violate any laws, ordinances, rules, regulations, orders, contracts or agreements that are or will be applicable thereto. 4. Subsequent to the Effective Date, the Developer shall maintain its financial capability to develop, construct and complete the Boat Docking Facilities and shall promptly Development Agreement Page 110 ADOPTED F.iprktlmdeACky OemloMwrd Agl 17 FINAL:doe notify the City of any event, condition, occurrence, or change in its financial condition which adversely affects, or with the passage of time is likely to adversely affect, the Developer's financial capability to successfully and completely develop, construct and complete the Boat Docking Facilities as contemplated hereby. 5. The Developer shall promptly cause to be filed when due all federal, state, local and foreign tax returns required to be filed by it, and shall promptly pay when due any tax required thereby. 6.. Subject to Section 18.01, the Developer shall maintain its existence, will not dissolve or substantially dissolve all of its assets and will not consolidate with or merge into another corporation, limited partnership, or other entity or permit one or more other corporations or other entity to consolidate with or merge into it without the prior approval of the City unless the Developer or an entity under common control with Developer, retains a controlling interest in the consolidated or merged entity, and will promptly notify the City of any changes to the existence or form of the entity or any change in the control of the Developer. 7. Other than sales and assignments contemplated by this Agreement, the Developer shall not sell, lease, transferor otherwise dispose of all or substantially all its assets without adequate consideration and will otherwise take no action which shall have the effect, singularly or in the aggregate, of rendering the Developer unable to continue to observe and perform the covenants, agreements, and conditions hereof and the performance of all other obligations required by this Agreement. 8. The Developer shall not permit, commit, or suffer any waste of the City Property or the Boat Docking Facilities. 9. Provided all conditions precedent thereto have been satisfied or waived as provided herein, the Developer shall design, construct and complete the Boat Docking Facilities such that it is substantially complete as provided in this Agreement no later than the Completion Date. ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY. 10.01. Representations and Warranties. The City represents and warrants to the Developer that each of the following statements is currently true and accurate and agrees that the Developer may rely on each of the following statements: 1. The City is a validly existing body corporate and politic of the State of Florida, has all requisite corporate power and authority to carry on its business as now conducted and to perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party. 2. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the City is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the City, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, Development Agreement Page 111 ADOPTED F.V W 41ty Devebpmerd Apt 17 FMAL.doo regulation or order applicable to or binding on the City, (iii) contravenes or results in any breach of, or default under or, other than as contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of the City under any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions or, on the date of this Agreement, any other agreement or instrument to which the City is a party, specifically including any covenants of any bonds, notes, or other forms of indebtedness of the City outstanding on the Effective Date. 3. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the City is or will be a party constitute, or when entered into will constitute, legal, valid and binding obligations of the City enforceable against the City in accordance with the terms thereof, except as such enforceability may be limited by public policy or applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. 10.02. Covenants. The City covenants with the Developer that until the earlier of the Termination Date or the Expiration Date: 1. The City shall timely perform, or cause to be performed, all of the obligations contained herein which are the responsibility of the City to perform. 2. During each year that this Agreement and the obligations of the City under this Agreement shall be in effect, the City shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals, and shall cause to occur those events contemplated by this Agreement that are applicable to and are the responsibility of the City. 3. The City shall assist and cooperate with the Developer to accomplish the development of the Boat Docking Facilities in accordance with this Agreement and the Plans and Specifications, will carry out its duties and responsibilities contemplated by this Agreement, and will not violate any laws, ordinances, rules, regulations, orders, contracts, or agreements that areor will be applicable thereto, and, to the extent permitted by law, the City will not enact or adopt or urge or encourage the adoption of any ordinances, resolutions, rules regulations or orders or approve or enter into any contracts or agreements, including issuing any bonds, notes, or other forms of indebtedness, that will result in any provision of this Agreement to be in violation thereof. 4. The City shall not permit, commit, or suffer any waste or impairment to the Boat Docking Facilities, nor shall the City alter the City Property, or any part thereof, so as to prevent or adversely affect the development and use of the Boat Docking Facilities.. ARTICLE 11. CONDITIONS PRECEDENT. . 11.01. Developer Obligations. Unless this Agreement has been terminated pursuant to Article 12 hereof, the obligation of the Developer to construct the Boat Docking Facilities is subject to Development Agreement Page 112 ADOPTED F.lpoegwrW" Devebpmwd Agt 17 PINALdoc the fulfillment to the satisfaction of, or waiver in writing by, the Developer of each of the following conditions precedent: 1. All conditions precedent under Article 11 of the Development Agreement have been satisfied or waived by Developer. 2. The Plans and Specifications required to commence construction of the Boat Docking Facilities shall have been approved by the City in accordance with applicable ordinances, land use regulations, building codes and other regulations of the City. 3. The City shall have obtained the SSLL as provided in Article 6 hereof. 4. All Permits necessary for construction of the Boat Docking Facilities to commence shall have been issued and have become final and non-appealable. 11.02. Responsibilities of the Parties for Conditions Precedent. The parties hereto shall not, individually or collectively, knowingly, intentionally or negligently prevent any condition precedent from occurring; provided, however, nothing in this Section is intended or shall be deemed to deny any party the right to reasonably exercise its discretion to the extent permitted by law or this Agreement. ARTICLE 12. DEFAULT; TERMINATION. 12.01. Project Default by the Developer. 1. There shall bean "event of default" by the Developer under this Agreement upon the occurrence of any one or more of the folbwing: a. The Developer shall fail to perform or comply with any material provision of this Agreement applicable to it within the time prescribed therefor, after . receipt of a notice from the City pursuant to Subsection 12.01.2.a.; or b. The Developer shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation or shall file an answer admitting, or shall fail reasonably to contest, the material allegations of a petition filed against it in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of the Developer or any material part of such entity's properties; or C. Within sixty (60) days after the commencement of any proceeding by or against the Developer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed or otherwise terminated, or if, within sixty (60) days after the appointment without the consent or acquiescence of the Developer of any trustee, receiver or liquidator of any of such entities or of any material part of Development Agreement Page 113 ADOPTED F:yn ftWe(CKY Development Agt 17 FKAL.doe any of such entity's properties, such appointment shall not have been vacated; or 2. a. If an event of default by the Developer described in subsection 1 above shall occur, the City shall provide written notice thereof to the Developer, and, if such event of default shall not be cured by the Developer within thirty (30) days after receipt of the written notice from the City specifying in reasonable detail the event of default by the Developer, or if such event of default is of such nature that it cannot be completely cured within such time period, then if the Developer shall not have commenced to cure such default within such thirty (30) day period and shall not diligently prosecute such cure to completion within such reasonable longer period of time as may be necessary (provided, however, if the Developer is proceeding diligently and in good faith, the curative period shall be extended for a period of not exceeding six (6) months without any approval or consent of the City being required, but such approval will be required if the curative period is to be extended beyond six (6) months) then, in addition to any remedy available under Section 12.05, the City may terminate this Agreementor pursue any and all legal or equitable remedies to which the City is entitled, provided, however, if the Developer shall fail to cure such event of default within said thirty (30) day or longer period or ceases to proceed diligently to timely cure such event of default, then the City may proceed to enforce other available remedies without providing any additional notice to the Developer. b. Any attempt by the City to pursue any of the above referenced remedies will not be deemed an exclusive election of remedy or waiver of the City's right to pursue any other remedy to which either may be entitled. C. Any time periods or deadlines provided in this Agreement shallbe tolled or extended by the amount of time to cure any event of default hereunder if such event affects the Developer's or City's ability to perform by such deadline or the expiration of such period. 3. Subject to the rights of the Project Lender, if the City elects to cure a default under Subsection 12.01.1. by the Developer, construction contracts, contract documents, .building permits, development permits, management agreements, and financial commitments (all only to the extent assignable) with respect to the Project shall, if such default has not been previously cured, on the day following receipt by the Developer of notice from the City of its election to cure, be deemed then assigned to the City making said election, without necessity of any other action being taken or .not taken by any party hereto. The Developer shall transfer and deliver to the City upon making said election, all assignable Plans and Specifications, working drawings, construction contracts, contract documents and all Permits, and, at the direction of the City, the defaulting the Developershall vacate the Parcel(s), Development Agreement Page 114 ADOPTED F.Jw4Vm"w%Cpy Denbymerd Apt 17 FINALdoa 12.02. Default by the City. Provided the Developer is not then in default under Section 12.01, there shall be an "event of default" by the City under this Agreement in the event the City shall fail to perform or comply with any material provision of this Agreement applicable to it; provided, however, that suspension of or delay in performance by the City during any period in which the Developer is in default of this Agreement as provided in Section 12.01 hereof will not constitute an event of default by the City under this Subsection 12.02. 2. a. If an event of default by the City described in Subsection 12.02.1. shall occur, the Developer shall provide written notice thereof to the City, and, after expiration of the curative period described in paragraph (b) below, may terminate this Agreement, institute an action to compel specific performance of the terms hereof by the City or pursue any and all legal or equitable remedies to which the Developer is entitled; provided, however, if the event of default by the City occurs, any monetary recovery by the Developer in any such action shall be limited to bona fide third -party out of- pocket costs and expenses, including reasonable attorneys' fees, incurred by the Developer in connection with this Agreement and the transactions contemplated hereby, unless any such default by the City was willful and committed in bad faith with reckless disregard for the rights of the Developer. b. The Developer may not terminate this Agreement or institute an action described in paragraph (2a) above if the City cures such event of default within thirty (30) days after receipt by the City of written notice from the. Developer specifying in reasonable detail the event of default by the City, or if any such event of default is of such nature that it cannot be completely cured within such period, then within such reasonably longer period of time as may be necessary to cure such default, provided however, if the City is proceeding diligently and in good faith, the curative period shall be extended for a period of not exceeding six (6) months without any approval or consent of the Developer being required, but such approval will be required if the curative period is to be extended beyond six (6) months after the notice of default has been given by the Developer to the City if the City has commenced to cure such default within such thirty (30) day period and is diligently prosecuting such curative action to completion. The City shall within said thirty (30) day period or such longer period promptly, diligently and in good faith proceed to cure such event of default after receipt of the notice from the Developer and shall succeed in curing such event,of default within said period of time, provided, however, if the City shall fail to cure such event of default within said thirty (30) day or longer period or ceases to proceed diligently to timely cure such event of default, then the Developer may proceed with its available remedies without providing any additional notice to the City. C. Any attempt by the Developer to pursue any of the remedies referred to in paragraphs a. and b. above will not be deemed an exclusive election of remedy or waiver of the Developer's right to pursue any other remedy to which it might be entitled. Development Agreement Page 115 ADOPTED F.ymdh "aACky Devabpmerd Agl 17 FINALdoc d. Any time.periods or deadlines provided in this Agreement shallbe tolled or extended by the amount of time to cure any event of default hereunder if such event affects the Developer's or City's ability to perform by such deadline or the expiration of such period. 12.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the contrary, the specified rights and remedies to which either the City or the Developer are entitled under this Agreement are not exclusive and are intended to be in addition to any other remedies or means of redress to which the City or the Developer may lawfully be entitled and are not specifically prohibited by this Agreement. The suspension of, or delay in, the performance of its obligations by the Developer while the City shall at such time be in default of their obligations hereunder shall not be deemed to be an "event of default." The suspension of, or delay in, the performance of the obligations by the City while the Developer shall at such time be in default of its obligations hereunder shall not be deemed to be an "event of default" by the City. 12.04. felon- Action on Failure to Observe Provisions of this Agreement. The failure of the City, or the Developer to promptly or continually insist upon strict performance of any term, covenant, condition or provision of this Agreement, or any Exhibit hereto, or any other agreement, instrument or document of whatever form or nature contemplated hereby shall not be deemed a waiver of any right or remedy that the City or the Developer may have, and shall not be deemed a waiver of a subsequent default or nonperformance of such term, covenant, condition or provision. 12.05. Termination Prior to Commencement of Project. 1. The Developer and the City acknowledge and agree that as of the Effective Date certain matters mutually agreed by the parties hereto to be essential to the successful development of the Boat Docking Facilities have not been satisfied or are subject to certain conditions, legal requirements or approvals beyond the control of any of the parties hereto or which cannot be definitely resolved under this Agreement, including, but not limited to, failure of a governmental authority to grant an approval required for development of the Boat Docking Facilities. In recognition of these events or conditions, the parties hereto mutually agree that, provided the appropriate or responsible party therefor diligently and in good faith seeks to the fullest extent of its capabilities to cause such event or condition to occur or be satisfied, the failure of the events or conditions listed in subsection 2. below to occur or be satisfied shall not constitute an event of default by any party under this Article 12, but may, upon the election of any party hereto, be the basis fora termination of this Agreement in accordance with this Section. 2. In addition to any other rights of termination provided elsewhere in this Agreement, prior to commencement of the Boat Docking Facilities, this Agreement may be terminated as provided in subsection 3. of this section by the City or the Developer after the occurrence of any of the following events or conditions (except for subsection b. , in which event only the Developer may terminate this Agreement pursuant to this subsection 2.): a. The appropriate governmental authority (including the City in exercise of its governmental and regulatory authority and responsibility), upon petition by the Developer denies or fails to: enter into the SSLL, issue the Permits, or issue any other approval necessary to commence construction of the Boat Development Agreement Page 116 ADOPTED FVn*uteAClty Devebpment Agt 17.FMIALdoe Docking Facilities, provided the Developer has proceeded diligently, expeditiously and in good faith to obtain such SSLL, Permits or other necessary actions; b. A previously unknown site condition is subsequently discovered and that , condition prevents successful development of the Boat Docking Facilities 3. Upon the occurrence of an event described in subsection 2. or in the event that the Developer or the City, after diligently and in good faith to the fullest extent its capabilities, is unable to cause a condition precedent to its respective obligations to occur or be satisfied, then the Developer or the City may elect to terminate this Agreement by giving a notice to the other party hereto within thirty (30) days of the occurrence of such event or the determination of inability to cause a condition . precedent to occur or be satisfied, stating its election to terminate this Agreement as a result thereof, in which case this Agreement shall then terminate. 4. In the event of a termination pursuant to this Section 12.05, neither the Developer nor the City shall be obligated or liable one to the other in any way, financially or otherwise, for any claim or matter arising from or as a result of this Agreement or any actions taken by. the Developer and the City, or any of them, hereunder or contemplated hereby, and each party shall be responsible for its own costs, however, the provisions of Sections 9.01 and 10.01 shall apply and shall survive termination of this Agreement, the provisions of this Subsection 12.05.4 to the contrary notwithstanding. 12.06. Termination Certificate. In the event of a termination of this Agreement for any reason prior to the Expiration Date, each of the parties hereto do covenant and agree with each other to promptly execute a certificate prepared by the party electing to terminate this Agreement, which certificate shall expressly state that this Agreement has been terminated in accordance with its terms, is no longer of any force and effect except for those provisions hereof which expressly survive termination, that the rights, duties and obligations of the parties hereto have been terminated and released (subject to those surviving provisions hereof) and that the Boat Basin is no longer subject to any restrictions, limitations or encumbrances imposed by this Agreement. 2. The certificate described in Subsection 1. shall be prepared in a form suitable for recording and promptly after execution by all of the parties hereto shall be recorded in the public records of Pinellas County, Florida. Development Agreement Page 117 ADOPTED F..*nd& 8W1ty Dwobpmmd Agt 17 FINALdx ARTICLE 13. RIGHT TO CONTEST. 13.01. Right to Contest. Subject to the conditions set forth in Section 13.02 below, the City or the. Developer each may, at its sole discretion and expense, after prior written notice to the other parties hereto, contest by appropriate action or proceeding conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any lien, any payment of any taxes, assessments, impact fees or other public charges of a similar nature that may from time to time be levied upon or assessed by any appropriate governmental authority against the City, the Developer, the Boat Docking Facilities(or any part thereof), the Boat Basin or personal property thereon, and the revenues generated fromthe use or operation of any or all of the above, any other payment specifically identified in this Agreement, or compliance with any law, rule, regulation, or other such legal requirement. 13.02. Conditions. The right to contest any charge, payment or requirement pursuant to Section 13.01 is subject to the following: 1. Such proceeding shall suspend the execution or enforcement of such charge, payment or requirement; 2. Such proceeding will not create any risk of impairment of the construction, completion, operation or use of the Boat Docking Facilities or any part thereof, in any material respect, and no portion of the Boat Docking Facilities would be subject to any risk of being involuntarily sold, forfeited or lost or the construction, equipping, or, completion of the Boat Docking Facilities or any part thereof be delayed or prohibited; 3. Such proceeding will not subject any other party to criminal liability or risk of material civil liability for failure to comply therewith, or involve risk of any material claim against such party; and 4. The party seeking the benefit of this Article shall have furnished to the other parties such security, if any, as may be required in such proceeding or as may be reasonably requested by the others, to protect the Boat Docking Facilities and any part thereof, and any interest of such parties hereunder. ARTICLE 14. ARBITRATION 14.01. Agreement to Arbitrate. Only as specifically provided in this Agreement and only if any judicial or administrative action or proceeding has not been commenced with regard to the same matter and, if so, the party hereto commencing such action has not dismissed it, any disagreement or dispute between the parties may be arbitrated in the manner set forth in this Article 14. All parties hereby agree such arbitration, once commenced, shall be the exclusive procedure for resolving such disagreement or dispute and agree to be bound by the result of any such arbitration proceeding unless all parties mutually agree to terminate such proceeding prior to decision. If any arbitration proceeding under this part adversely affects the performance of any party hereunder, then any time periods provided herein for such performance by that party shall be tolled during the pendency of the arbitration proceeding affecting such performance. 14.02. Appointment of Arbitrators. Development Agreement Page 118 ADOPTED F.*ne.hMw C4 Dawbpmmrt Apt 17 FINALdw 1. a. Unless accelerated arbitration as provided in Section 14.08 hereof is invoked, any party invoking arbitration herewith shall, within five (5) days after giving notice of impasse in the dispute resolution process or upon following the expiration of the time period for such dispute resolution occurrence of the event permitting arbitration to be invoked, give written notice to that effect to the other parties, and shall in such notice appoint a disinterested person who is on the list of qualified arbitrators maintained by the American Arbitration Association or a disinterested person not on such list to whom an objection is not made by any other party hereto within five (5) days of receipt of the notice of such appointment as the arbitrator or, if more than one (1) arbitrator is to be appointed, as one of the arbitrators. b. Within ten (10) days after receipt of the notice described in paragraph (1), the other parties shall by written notice to the original party acknowledge that arbitration has been invoked as permitted by this Agreement, and shall either accept and approve the appointment of such individual set forth in the original notice as a sole arbitrator or shall appoint one (1) disinterested person per party of recognized competence in such field as an arbitrator: 2. a. If two (2) arbitrators are appointed pursuant to subsection a. above, the arbitrators thus appointed shall appoint a third disinterested person who is on the list of qualified arbitrators maintained by the American Arbitration Association, and such three (3) arbitrators shall as promptly as possible determine such matter. b. If the second arbitrator shall not have been appointed as provided in subsection a., the first arbitrator shall, after ten (10) days notice to the parties, proceed to determine such matter. C. If the two (2) arbitrators appointed by the parties pursuant to subsection a. shall be unable to agree within fifteen (15) days after the appointment of the second arbitrator upon the appointment of a third arbitrator, they shall give written notice of such failure to agree to the parties, and, if the parties then fail to agree upon the selection of such third a rb itrator within fifteen (15) days thereafter, then within ten (10) days thereafter each of the . parties upon written notice to the other parties hereto may request the appointment of a third arbitrator by the office in or for the State of Florida (or if more than one office, the office located closest to the City) of the American Arbitration Association (or any successor organization thereto), or, in its absence, refusal, failure or inability to act, request such appointment of such arbitrator by the United States District Court for the Middle District of Florida (which request shall be filed in the division of that court responsible for the geographic area including the City), or as otherwise provided in Chapter 682, Florida Statutes, known and referred to as the Florida Arbitration Act, as amended. 14.03. General Procedures. In any arbitration proceeding under this part, those parties appointing arbitrators shall each be fully entitled to present evidence and argument to the sole arbitrator or panel of arbitrators. The arbitrator or panel of arbitrators shall only interpret and apply the terms of this Agreement and may not change any such terms, or deprive any party to this Agreement of any right or remedy expressed or implied in this Agreement, or award any damages or other compensation to any party hereto. The arbitration proceedings shall Development Agreement Page 119 ADOPTED F..*n*ffiMCtly DWMbpnnrt Apt 17 FINALdoe follow the rules and procedures of the American Arbitration Association (or any successor organization thereto) unless specifically modified by this Agreement, or as then agreed to by the parties hereto. 14.04. Majority Rule. In any arbitration proceeding under this part, the determination of the majority of the panel of arbitrators, or of the sole arbitrator if only one (1) arbitrator is used, shall be conclusive upon the parties and judgment upon the same may be entered in any court having jurisdiction thereof. The arbitrator or panel of arbitrators shall give written notice to the parties stating his or their determination within thirty (30) days after the conclusion of the hearing or final submission of all evidence or argument. 14.05. Replacement of Arbitrator. In the event of the failure, refusal or inability of any arbitrator to serve as such, promptly upon such determination being made by the affected arbitrator, the affected arbitrator shall give notice to the other two (2) arbitrators (if applicable) and to the parties hereto, and then a new arbitrator shall be promptly appointed as a replacement, which appointment shall be made by the party or the arbitrators who appointed the affected arbitrator in the same manner as provided for in the original appointment of the affected arbitrator in Section 14.02 hereof. 14.06. Decision of Arbitrators. 1. If any decision reached by arbitration as provided in this part requires performance by the Developer, the Developer covenants and agrees to comply with any decision of the arbitrator(s) promptly after the date of receipt by the Developer of such decision, and to continue such performance to completion with due diligence and in good faith. 2. If any such decision requires performance by the City, the City covenants and agrees to comply promptly with any decision reached by arbitrators) promptly after the date of receipt by the City of such decision, and to continue such performance to completion with due diligence and in good faith. 3. Nothing in this part, nor in any arbitration decision rendered under this part, shall be construed to require any payment by the City to the Developer not otherwise provided for herein. 14.07. Expense of Arbitration. The expenses of any arbitration proceeding pursuant to this part shall be borne equally by the parties to such proceeding, provided, however, for the purpose of this Section 14.07, "expenses" shall include the fees and expenses of the arbitrators and the American Arbitration Association with respect to such proceeding, but shall not include attorneys' fees or expert witness fees, or any costs incurred by attorneys or expert witnesses, unless (and to the extent) agreed to by the parties to such proceeding, which in the absence of such Agreement shall be the responsibility of the party incurring such fees or costs. 14.08. Accelerated Arbitration. 1. a. If any of the parties to any arbitration proceeding under this part determines the matter for arbitration should be decided on an expedited basis, then after an initial election to invoke arbitration pursuant to Section 14.02 hereof has been made, either party to such proceeding may invoke accelerated arbitration by giving notice thereof to the other parties no later than three (3) Development Agreement Page 120 ADOPTED F.*nc M&%Chy 0ev9bgnm6 Ag1 17 FINALdoc days after arbitration has been initially invoked and the other parties do not object within three (3) days thereafter. b. Accelerated arbitration, for purposes of this Section 14.08, shall be accomplished by either party notifying the American Arbitration Association (or any successor organization thereto) that the parties have agreed to a single arbitrator, qualified to decide the matter for arbitration, to be appointed by the American Arbitration Association (or any successor organization thereto) with the consent of the parties to such proceeding within three (3) days after receipt of the request and to decide such matter within five (5) days after such appointment. C. If an arbitrator is not so appointed with consent of the parties to the proceeding within three (3) days after the notice referred to in paragraph (2) is received by the American Arbitration Association, the accelerated proceeding under this Section 14.08 shall terminate and the procedures otherwise set forth in this Article 14 shall apply, unless the partiesmutually agree to an extension of such time period. 2. The Developer and the City hereby agree to use such accelerated procedure only when reasonably necessary, to not contest the appointment of the arbitrator or his or her decision except as may be permitted by law, and that all other provisions of this part, except as are in conflict with this Section 14.08, remain in effect and applicable to an accelerated arbitration proceeding. 14.09. Applicable Law. To the extent not inconsistent with this article, any arbitration proceeding under this article shall be governed by the provisions of Chapter 682, Florida Statutes, as amended, known and referred to as the Florida Arbitration Code. 14.10. Arbitration Proceedings and Records. Any arbitration hearing under this article shall be considered a meeting subject to Section 286.011, Florida Statutes, and shall be open to any member of the public. Unless otherwise rendered confidential pursuant to or by the operation of any applicable law or order (other than an order by a sole arbitrator or panel of arbitrators acting under this part), the record of such proceedings shall be a public record under Chapter 119, Florida Statutes. ARTICLE 15. UNAVOIDABLE DELAY. 15.01. Unavoidable Delay. 1. Any delay in performance of or inability to perform any obligation under this Agreement (other than an obligation to pay money) due to any event or condition described in paragraph (b) as an event of "Unavoidable Delay" shall be excused in the. manner provided in this Section 15.01. 2. "Unavoidable Delay" means any of the following events or conditions or any combination thereof: acts of God, litigation which has the effect of precluding reasonable satisfaction of the obligations of this Agreement, acts of the public enemy, riot, insurrection, war, pestilence, archaeological excavations required by law, unavailability of materials after timely ordering of same, epidemics, quarantine restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and excessively inclement weather (as indicated by the Development Agreement Page 121 ADOPTED FY Mftffd "DevebMwft Apt 17 FINAL cbe records of the local weather bureau for a five -year period preceding the Effective Date), strikes or labor disturbances, delays due to proceedings under Chapters 73 and 74, Florida Statutes, restoration in connection with any of the foregoing or any other cause beyond the reasonable control of the party performing the obligation in .question, including, without limitation, such causes as may arise from the act of the other party to this Agreement, or acts of any governmental authority (except that acts -of the City shall not constitute an Unavoidable Delay with respect to performance by the City). 3. An application by any party hereto (referred to in this paragraph (c) and in paragraph (d) as the "Applicant ") for an extension of time pursuant to this subsection must be in writing, must set forth in detail the reasons and causes of delay, and must be filed with the other party to this Agreement within seven (7) days following the occurrence . of the event or condition causing the Unavoidable Delay or seven (7) days following the Applicant becoming aware (or with the exercise of reasonable diligence should have become aware) of such occurrence. 4. The Applicant shall be entitled to an extension of time for an Unavoidable Delay only for the number of days of delay due solely to the occurrence of the event or condition causing such Unavoidable Delay and only to the extent that any such occurrence actually delays that party from proceeding with its rights, duties and obligations under this Agreement affected by such occurrence. ARTICLE 16. RESTRICTIONS ON USE. 16.01. Project. Prior to the earlier of the Termination Date or the Expiration Date, no use of the Boat Docking Facilities, other than as described in Section 2.03, shall be permitted, unless and until the Developer or the person, if other than the Developer, intending to so use the Boat Docking Facilities, shall file with the City a request for a release from the restriction imposed by this Section. The Governing Body of the City shall promptly consider such request and either deny the request, approve the request as filed, or approve the request subject to such terms, conditions and limitations as the City may reasonably require. Unless specifically requested and approved, a release of the restriction imposed by this Section shall not release the Developer from any obligations or restrictions imposed by this Agreement or any agreement, instrument or document contemplated hereby. ARTICLE 17. FIRE OR OTHER CASUALTY; CONDEMNATION. 17.01. Loss or Damage to Project. 1. Until the Termination Date or the Expiration Date, and without regard to the extent or availability of any insurance proceeds, however, subject to any condition or limitations as set forth in the SSLL or Permits, the Developer shall have the right to commence and complete the reconstruction or repair of any loss or damage caused by fire or other casualty or by eminent domain (provided the City is not the condemning authority) to each and every part of the Boat Docking Facilities substantially the same condition as existed prior to the occurrence of such loss or damage, promptly after the City approves the Plans and Specifications for such reconstruction or repairs. 2. The City shall review the Plans and Specifications for such reconstruction or repairs as soon as possible after filing thereof by the Developer. The City agrees to approve Development Agreement Page 122 ADOPTED F.Vn&N tw C4 Developmerrt Agt 17 FINALdoe the Plans and Specifications for such reconstruction or repairs if the reconstruction or repairs contemplated by such Plans and Specifications will restore the Boat Docking Facilities, or the damaged portion thereof, to substantially the same condition as existed prior to the occurrence of such loss or damage and if such Plans and Specifications conform to the applicable laws, ordinances, codes, and regulations in effect at the time of filing with the City of the plans and specifications for such reconstruction or repairs. 3. If Developer elects not to reconstruct or repair the Boat Docking Facilities as provided herein, Developer shall promptly remove all improvements constituting the Boat Docking Facilities in compliance with the requirements of the City, SSLL and the Permits. 17.02. Partial Loss or Damage to Project. Until the Terminate Date or the Expiration Date, any loss or damage by fire or other casualty or exercise of eminent domain to the Boat Docking Facilities, or any portion thereof, which does not render the Boat Docking Facilities unusable for the use contemplated by Section 2.03 of this Agreement, shall not operate to terminate this Agreement or to relieve or discharge the Developer from the timely performance and fulfillment of the Developer's obligations pursuant to this Agreement, subject to an extension of time for an Unavoidable Delay. 17.03. Insurance Proceeds. 1. Whenever the Boat Docking Facilities, or any part thereof, shall have been damaged or destroyed, the Developer shall promptly make proof of loss and shall proceed promptly to collect, or cause to be collected, all valid claims which may have arisen against insurers or others based upon such damage or destruction. 2. Subject to the rights of a Project Lender, the Developer agrees that all proceeds of property or casualty insurance received by the Developer as a result of such loss or damage shall be available and shall be used for payment of the costs of the reconstruction or repair of the Boat Docking Facilities to the extent necessary to repair or reconstruct the Boat Docking Facilities. 17.04. Notice of Loss or Damage to Boat Docking Facilities. The Developer shall promptly give the City written notice of any significant damage or destruction to the Boat Docking Facilities stating the date on which such damage or destruction occurred, the expectations of the Developer as to the effect of such damage or destruction on the use of the Boat Docking Facilities, and the proposed schedule, if any, for repair or reconstruction of the Boat Docking Facilities. 17.05. Condemnation of Boat Docking Facilities; Application of Proceeds. In the event that part, but not all, of the Boat Docking Facilities shall be taken by the exercise of the power of eminent domain at any time before the Expiration Date, subject to the rights of a Project Lender, the compensation awarded to and received by the Developer shall be applied first to the restoration of the Boat Docking Facilities, provided the Boat Docking Facilities can be restored and be commercially feasible for its intended use as contemplated by Section 2.03.1. of this Agreement after the taking, and, if not, can be retained by the Developer. Development Agreement Page 123 ADOPTED F.1Mnftwt ACRy Devebpment Apt 17 FINALdoc ARTICLE 18. MISCELLANEOUS 18.01. Assignments: 1. By the Developer. a. The Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Boat Docking Facilities, or any part thereof, only with the prior written consent of the City, which consent is hereby granted for assignmentto a party to which Developer's rights are assigned pursuant to the Development Agreement, provided that such party (hereinafter referred to as the "assignee "), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Boat Docking Facilities as is subject to such sale, conveyance, assignment or other disposition. b. If the assignee of the Developer's right, title, interest and obligations in and to the Boat Docking Facilities, or any part thereof assumes all of the Developer's obligations hereunder, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. C. An assignment of the Boat Docking Facilities, any part thereof, by the Developer to any corporation, limited partnership, limited liabilitycompany, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Section 18.01, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be ,bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. d. No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any portion of the Boat Docking Facilities shall in any way be obligated or responsible for any of the Developer's obligations by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquirer has expressly assumed the Developer's obligations. e. Notwithstanding the foregoing, so long as this Agreement is in effect, Developer shall have the right to sublease or license the use of individual Developer Boat Slips to Owners within the Project without City's consent. 18.02. Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and its successors and assigns, except as may otherwise be specifically provided herein. Development Agreement Page 124 ADOPTED F."fturderC4 Devebpmerd Agl 17 FINAL.dce • 18.03. Notices. is All notices, demands, requests for approvals or other communications given by either party to another shall be in writing, and shall be sent by registered or certified mail, postage prepaid, return receipt requested or by courier service, or by hand delivery to the office for each party indicated below and addressed as follows: To the Developer: CBR Development I, LLC 2201 — 4' Street North Suite 200 St. Petersburg, FL 33704 Attn: J. Michael Cheezem To the City: City of Clearwater 112 S. Osceola Avenue Clearwater, FL 33756 with copies to: with copies to: E.D. (Ed) Armstrong, III Pam Akin, Esquire P.O. Box 1368 Clearwater City Attorney Clearwater, FL 33757. 112 S. Osceola Avenue Clearwater, FL 33756 and Greene & Schermer 1301 — 6' Avenue West Suite 400 Bradenton, FL 34205 Attn: Robert F. Greene, Esquire 2. Notices given by courier service or by hand delivery shall be effective upon delivery and notices given by mail shall be effective upon receipt. Refusal by any person to accept delivery of any notice delivered to the office at the address indicated above (or as it may be changed) shall be deemed to have been an effective delivery as provided in this Section 18.03. The addresses to which notices are to be sent may be changed from time to time by written notice delivered to the other parties and such notices shall be effective upon receipt. Until notice of change of address is received as to any particular party hereto, all other parties may rely upon the last address given. . _. 18.04. Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance and enforcement of this Agreement. This Agreement has been negotiated by the City and the Developer and the Agreement, including, without limitation, the Exhibits, shall not be deemed to have been prepared by the City or the Developer, but by all equally. 18.05. Venue; Submission to Jurisdiction. 1. For purposes of any suit action, or other proceeding arising out of or relating to this Agreement, the parties hereto do acknowledge, consent, and agree that venue thereof is Pinellas County, Florida. Development Agreement Page 125 ADOPTED F:1jn4h HtWCAy Devebpmetd Apt 17 FINALdoe 2. Each party to this Agreement hereby submits to the jurisdiction of the State of Florida, Pinellas County and the courts thereof and to the jurisdiction of the United States District Court for the Middle District of Florida, for the purposes of any suit, action, or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts. 3. If at any time during the term of this Agreement the Developer is not a resident of the State of Florida or has no office, employee, City or general partner thereof available for service of process as a resident of the State of Florida, or if any permitted assignee thereof shall be a foreign corporation, partnership or other entity or shall have no officer, employee, agent, or general partner available for service of process in the State of Florida, the Developer hereby designates the Secretary of State, State, of Florida, its agent for the service of process in any court action between it and the City, or both, arising out of or relating to this Agreement and such service shall be made as provided by the laws of the State of Florida for service upon a non - resident; provided, however, that at the time of service on the Florida Secretary of State, a copy of such service shall be delivered to the Developer at the address for notices as provided in 18.03. 18.06. Estoppel Certificates. The Developer and the City shall at any time and from time to time, upon not less than ten (10) days prior notice by another party hereto, execute, acknowledge and deliver to the other parties a statement in recordable form certifying that this Agreement has not been modified and is in full force and effect (or if there have been modifications that the said Agreement as modified is in full force and effect and setting forth a notation of such modifications), and that to the knowledge of such party, neither it nor any other party is then in default hereof (or if another party is then in default hereof, stating the nature and details of such default), it being intended that any such statement delivered pursuant to this Section 18.06 may be relied upon by any pros pective'purchaser, mortgagee, successor, assignee of any mortgage or assignee of the respective interest in the Boat Docking Facilities, if any, of any party made in accordance with the provisions of this Agreement. 18.07. Complete Agreement; Amendments. This Agreement, and all the terms and provisions contained herein, including without limitation the Exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements, whether written or oral 2. Any provision of this Agreement shall be read and applied in para materia with all other provisions hereof. 3. This Agreement cannot be changed or revised except by written amendment signed by all parties hereto. 18.08. Captions. The article and section headings and captions of this Agreement and the table of contents preceding this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any article, section, subsection, paragraph or provision hereof. Development Agreement Page 126 ADOPTED P*ndh rRaAClty Developms1rt Agl 17 FINAL doc 0 1 0 18.09. Holidays. It is hereby agreed and declared that whenever a notice or performance under the terms of this Agreement is to be made or given on a Saturdayor Sunday or on a legal holiday observed in the City, it shall be postponed to the next following business day. 18.10. Exhibits. Each Exhibit referred to and attached to this Agreement is an essential part of this Agreement. The Exhibits and any amendments or revisions thereto, even if not physically attached hereto shall be treated as if they are part of this Agreement. 18.11. No Brokers. The City and the Developer hereby represent, agree and acknowledge that no real estate broker or other person is entitled to claim or to be paid a commission as a result of the execution and delivery of this Agreement, including any of the Exhibits. 18.12. Not an Agent of City. During the term of this Agreement, the Developer hereunder shall not be an agent of the City with respect to any and all services to be performed by the Developer (and any of its agents, assigns, or successors) with respect to the Boat Docking Facilities. 18.13. Memorandum of Agreement. The City and the Developer agree to execute, in recordable form, at the request of either party, a short form "Memorandum of Agreement" and agree, authorize and hereby direct such Memorandum to be recorded in the public records of Pinellas County, Florida, as soon as possible after execution thereof. The Developer shall pay the cost of such recording. 18.14. Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills and is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a proper exercise of the City's power and authority. 18.15. No General Obligation. In no event shall any obligation of the City under this Agreement be or constitute a general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of the City or a general obligation or indebtedness of the City within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be. payable solely from legally available revenues and funds. Neither the Developer nor any other party under or beneficiary of this Agreement shall ever have the right to compel the exercise of the ad valorem taxing power of the City or any other governmental entity or taxation in any form on any real or personal property to pay the City's obligations or undertakings hereunder. 18.16. Other Requirements of State Law. Nothing in this Agreement shall be deemed to relieve either party from full compliance with any provision of State law which is applicable to any of the obligations or undertakings provided for in this Agreement. In the event that this Agreement omits an obligation to comply with any provision of State law in regard to any of the obligations or undertakings provided for in this Agreement, it is the intention of the parties that such applicable State law shall be deemed incorporated into this Agreement and made a part thereof. In the event that there is any conflict between the provisions of this Agreement and applicable State law, it is the intention of the parties that the Agreement shall be construed to incorporate such provisions of State law and that such provisions shall control. 18.17. Technical Amendments; Survey Corrections. In the event that due to minor inaccuracies contained herein or any Exhibit attached hereto or any other agreement contemplated hereby, or due to changes resulting from technical matters arising during the term of this Development Agreement Page 127 ADOPTED F..* -W -C,Xy Dw WDM m Agt 11 F1NALd. • • Agreement, the parties agree that amendments to this Agreement required due to such inaccuracies, unforeseen events or circumstances which do not change the substance of this Agreement may be made and incorporated herein. The City Manager is authorized to approve such technical amendments on behalf of the City, respectively, and is authorized to execute any required instruments, to make and incorporate such amendment to this Agreement or any Exhibit attached hereto or any other agreement contemplated hereby. 18.18. Term; Expiration; Certificate. If not earlier terminated as provided in Section 12.05, this Agreement shall expire and no longer be of any force and effect on the fifth (5') anniversary of the Effective Date. Notwithstanding the foregoing, provided the SSLL remains in effect and no default by Developer under this Agreement then exists, the Developer shall have the option to renew this Agreement for five (5) successive renewal terms of five (5) years each, and such renewal options shall be deemed automatically exercised unless written notice from Developer of intent to not renew is received by the City prior to the expiration of the lhen current term. 2. Upon completion of the term of this Agreement, all parties hereto shall execute the Agreement Expiration. Certificate. The Agreement Expiration Certificate shall constitute (and it shall be so provided in the certificate) a conclusive determination of satisfactory completion of all obligations hereunder and the expiration of this Agreement. 3. In the event of any dispute as to whether any party is required to execute the Agreement Expiration Certificate, the dispute shall be resolved by arbitration as provided in Article 14. 4. The Agreement Expiration Certificate shall be in such form as will enable it to be recorded in the public records of Pinellas County, Florida. Following execution by all of the parties hereto, the Agreement Expiration Certificate shall promptly be recorded by the Developer in the public records of Pinellas County, Florida and the Developer shall pay the cost of such recording. 18.19. Approvals Not Unreasonably Withheld. The parties hereto represent that it is their respective intent as of the Effective Date and do covenant and agree in the future that all approvals, consents, and reviews will be undertaken and completed as expeditiously as possible, in good faith, and will not be arbitrarily or unreasonably withheld, unless otherwise expressly authorized by the terms of this Agreement. 18.20 Severability. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 18.21. Effective Date. The Effective Date shall be the date of the last signature to this Agreement. Development Agreement Page 128 ADOPTED F.."ft dw%CRy Devel Mwo Agt 17 FINAL m IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of this day of , 200_. THE CITY OF CLEARWATER, FLORIDA Attest: By: By. City Clerk Mayor . Approved as to form and correctness: Esquire City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 200. , by and , Mayor and City Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City, who is ❑ personally known to me or ❑ has produced a Florida driver's license or ❑ as identification. NOTARY PUBLIC Printed Name: Commission No. My Commission expires: Development Agreement Page 129 ADOPTED F.ymclhUntV%Clty Devebpmmd AIp 17 FINALdoo • CBR DEVELOPMENT I,' LLC, a Florida limited liability company By: CBR Communities I, Ltd., a Florida limited partnership Managing Member By: JMC Communities of Clearwater V, Inc. a Florida corporation, General Partner By: Name: J. Michael Cheezem Title: CEO STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , .200_, J. Michael Cheezem, as CEO of JMC Communities of Clearwater V, Inc., a Florida corporation, the General Partner of CBR Communities I, Ltd., a Florida limited partnership, the Managing Member of CBR Development I, LLC, a Florida limited liability company, who is ❑ personally known to . me or ❑ has produced a Florida driver's license or ❑ as identification. NOTARY PUBLIC Printed Name: Commission No. My Commission expires: Development Agreement Page 130 ADOPTED F.yewihAeACfly Devehpm d Agl 17 MAU= EXHIBIT "A" Boat Dock knwvvwmw" 1'M UK `i_., M •/t Qf Ea1013�0 � T aZ� NaJ ANT UK sW W BELLE HARBOR CLEARWAIIER BEACH FAMILY RECREATION CENTER MANWILAY AVE. Development Agreement Page 131 ADOPTED Fop cVnwdwCity Devebpi w A9t 17 FINALdoc EXHIBIT "B" CITY PROPERTY LEGAL DESCRIPTION Parcel No. 05/29/15/00000/330 /0100 Development Agreement Page 132 ADOPTED F.W,dhwtW44 DevebWnwd Apt 1r FWM_&C i AGREEMENT DRAFT #9 This Agreement (the "Agreement ") is made as of this day of , 2006, by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City") and THE SANDPEARL RESORT, LLC, a Florida limited liability company (the "Developer"). WITNESSETH: WHEREAS, the City of Clearwater and Developer have entered into a Development Agreement for Property in the City of Clearwater dated January 26, 2005 (the "Development Agreement "); WHEREAS, Section 5.03.10 of the Development Agreement provides for the City and Developer to enter into an agreement providing for the construction of shared boat docking facilities ( "Boat Dock Facilities ") within a boat basin ( "Boat Basin') adjoining City owned upland property ( "City Property"), which Boat Basin and Boat Docking Facilities are conceptually depicted on the attached Exhibit "A" ( "Site Plan "); WHEREAS, the construction and use of the Boat Docking Facilities will furtherthe objectives of the City and facilitate the development by Developer of the mixed use resort Project, as provided in the Development Agreement; WHEREAS, at a duly called public meeting on , 2006, the City Council approved this Agreement, and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the members of Developer have approved this Agreement and have authorized the undersigned individual to execute this Agreement on its behalf. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: ARTICLE 1. DEFINITIONS. 1.01. Definitions. The capitalized terms used in this Agreement that are not defined shall have the meanings given to such terms in the Development Agreement. 1.02. Use of Words and Phrases. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall include the plural as well as the singular number, and the word "person" shall include corporations and associations, limited liability corporations and partnerships, including public bodies, as well as natural persons. "Herein," "hereby," "hereunder," "hereof," "herein before," "hereinafter" and other equivalent words refer to this Agreement and not solely to the particular portion thereof in which any such word is used. Boat Dock Agreement Page 1 • s 1.03. Florida Statutes. All references herein to Florida Statutes are to Florida Statutes (2005), as amended from time to time. ARTICLE 2. PURPOSE AND DESCRIPTION OF BOAT DOCKING FACILITIES. 2.01. Finding of Public Purpose and Benefit. The proposed Boat Docking Facilities, including, the design, construction, completion and use of the Boat Docking Facilities, is hereby found by the parties hereto: (1) to be consistent with and in furtherance of the objectives of the Comprehensive Plan of the City of Clearwater, (2) to conform to the provisions of Florida law, (3) to be in the best interests of the citizens of the City, (4) to further the purposes and objectives of the City, (5) to further the public interest on Clearwater Beach, and (6) to implement Beach by Design, including the creation of the new quality hotel resort to be constructed as a part of the Project. 2.02. Purpose of Agreement. The purpose of this Agreement is to further the implementation of Beach by Design by providing for the development of the Boat Docking Facilities, all to enhance the quality of life, increase employment and improve the aesthetic and useful enjoyment of Clearwater Beach and the City, all in accordance with and in furtherance of the Comprehensive Plan of the City of Clearwater and as authorized by and in accordance with the provisions of Florida law. 2.03. Scope of the Project. 1. The Boat Docking Facilities are contemplated to include a central pier, finger piers and associated pilings as conceptually depicted on the attached Exhibit "A ", which will accommodate a maximum of 54 boat slips ( "Boat Slips "). The Developer and its designated successors and assigns shall have the right to utilize exclusively 33 of the Boat Slips which are identified on the Site Plan ( "Developer Slips ") and the finger piers containing the Developer Slips ( "Developer Piers "). The City shall have the right to control the use of the central pier, the 21 remaining Boat Slips ( "City Slips ") and the finger piers containing the City Slips. The City-shall have the right to utilize the City Slips during the term of this Agreement for day docking or for any other purpose. Boats shall not be permitted to occupy the City Slips during the period each night between midnight and 5:00 a.m., except in an emergency or as authorized by the City Harbor Master. The foregoing restriction on overnight use of the City Slips shall not be applicable to a fireboat or other boats operated by the City or other municipal or governmental entities for public purposes ( "Governmental Vessels "). 2. The Developer shall have the right to install gates or other access control improvements on the finger piers containing the Developer Slips and the right to install boat lifts in the Developer Slips ( "Slip Improvements "). 3. The Developer shall have the right, at its expense, to install water and electric lines serving the Developer Slips and the City shall cooperate as to extension and connection of such utilities. All utilities provided to the Developer Boat Slips shall be separately metered and Developer shall pay all utility connection and usage charges. Developer shall also provide lighting for the Boat Docking Facilities and pay all electric expenses as to such lighting. Utilities shall not be provided by Developer to the City Slips, provided, that at the request of the City, utilities (water and electric) shall be provided to City Slips to be used by Governmental Vessels and City shall reimburse Developer for additional expenses incurred by Developer as to such utilities. Boat Dock Agreement Page 2 C: \Documents and Settings \wayne.wells \Local Settings \Temporary Internet Fles \0LK4 \City Boat Dock Agmt 9.doc 4. Developer shall provide and pay for all maintenance and repair costs for the Boat Docking Facilities. Developer shall also provide, at its expense, for all required trash removal from the Boat Docking Facilities. All normal operating expenses incurred by Developer as to the Boat Docking Facilities including maintenance, repairs, insurance premiums and cost of trash removal excluding utilities provided to Developer Slips are collectively referred to as the Common Expenses. Developer shall comply with the minimum maintenance standards as provided in the attached Exhibit "C ". 5. Developer agrees that use of the Developer Boat Slips shall be limited to owners, tenants and guests (including Beach Club members) of the Project and other owners and tenants that own or lease residences within the geographical area bordered on the West by the Gulf of Mexico, on the East by Clearwater Bay, on the North by Rockaway Street and on the South by Papaya Street. Any sublease or assignment by Developer of rights to utilize Developer Boat Slips shall be limited to such owners, tenants and guests and all subleases or assignments shall expressly prohibit parking on the City Property during use of the Developer Boat Slips.. 6. During the term of this Agreement, Developer shall provide a shuttle service to the Boat Docking Facilities from the Project. Developer shall also provide at the Project an employee assigned to respond to problems at the Boat Docking Facilities on a 24 hour/ 7 day per week basis. Neither the City nor Developer shall have any obligation to provide on -site security at the Boat Docking Facilities. 2.04. Cooperation of the Parties. The City and the Developer recognize that the successful development of the Boat Docking Facilities and each component thereof is dependent upon the continued cooperation of the City and the Developer, and each agrees that it shall act in a reasonable manner hereunder, provide the other party with complete and updated information from time to time, with respect to the conditions such party is responsible for satisfying hereunder and make its good faith reasonable efforts to ensure that such cooperation is continuous, the purposes of this Agreement are carried out to the full extent contemplated hereby and the Boat Docking Facilities are designed, constructed, completed and used as provided herein. ARTICLE 3. REGULATORY PROCESS. 3.01 Development Approvals and Permits. Applications for Development Approval. The Developer shall prepare and submit to the appropriate governmental authorities, including the City, applications for approval of all required permits ( "Permits "), and all plans and specifications ( "Plans and Specifications ") necessary for the Boat Docking Facilities, and shall bear all costs of preparing such applications, applying for and obtaining such approvals and permits, including payment of any and all applicable application, inspection, and regulatory fees or charges. The City shall, to the extent possible, expedite review of all applications. The failure of this Agreement to address a particular permit, condition, or term of restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 2. City Cooperation and Assistance. The City shall cooperate with the Developer in obtaining all necessary Permits required for the construction, completion and use of Boat Dock Agreement Page 3 CADocuments and Settings\wayne.wells \Local Settings \Temporary Internet Files\OLK4 \Ciny Boat Dock Agmt 940c the Boat Docking Facilities. If requested by the Developer and authorized by law, the City will join file or in the filing of any application for any Permit, or, alternatively, recommend to and urge any governmental authority that such Permit be issued or approved. 3. City Authority Preserved. The City's duties, obligations, or responsibilities underany section of this Agreement, specifically including, but not limited to, this Section 3.02, shall not affect the City's right, duty, obligation, authority and power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building regulations. Notwithstanding any other provision of this Agreement, any required permitting, licensing or other regulatory approvals by the City shall be subject to the established procedures and substantive requirements of the City with respect to review and permitting of a project of a similar or comparable nature, size and scope. In no event shall the City, due to any provision of this Agreement, be obligated to take any action concerning regulatory approvals except through its established procedures and in accordance with applicable provisions of law. 3.02. Concurrency. Concurrence Required. The parties hereto recognize and acknowledge that Florida law (specifically, Part II, Chapter 163, Florida Statutes, and Rule 9J -5, Florida Administrative Code, collectively the "Growth Management Act ") imposes restrictions on development if adequate public improvements are not available concurrently with that development to absorb and handle the demand on public services caused by development. The City has created and implemented a system for monitoring the effects of development on public services within the City. The Developer recognizes and acknowledges it must satisfy the concurrency requirements of Florida law and the City's regulations as applied to the Boat Docking Facilities. 2. Reservation of Capacity. The City hereby agrees and acknowledges that as of the Effective Date of this Agreement, the Boat Docking Facilities satisfy the concurrency requirements of Florida law. The City agrees to reserve the required capacity to serve the Boat Docking Facilities for the Developer and to maintain such capacity for a period of three (3) years from the Effective Date of this Agreement and that such period shall be automatically extended for an additional three (3) years if the Developer commences construction within the initial three (3) year period. The City recognizes and acknowledges that the Developer will rely upon such reservation in proceeding with the Boat Docking Facilities. 3. Required Public Facilities. In addition to the obligations of the City and the Developer set out in Article 5 of this Agreement, the Water Utilities Department of the City will provide potable water service to the Boat Docking Facilities. Boat Dock Agreement Page 4 C:Mocuments and Settings \wayne.wells\Local Settings \Temporary Internet Files \OLK4 \City Boat Dock Agmt 9.doc • r ARTICLE 4. PLANS AND SPECIFICATIONS. 4.01. Plans and Specifications. Responsibility for Preparation of Plans and Specifications. The Developer shall be solely responsible for and shall pay the cost of preparing, submitting and obtaining approval of the Plans and Specifications for the Boat Docking Facilities. 2. Use of Qualified Professionals. The Developer shall retain qualified professionals to prepare the Plans and Specifications and shall cause such professionals to prepare the Plans and Specifications. ARTICLE 5. DEVELOPMENT OF BOAT DOCKING FACILITIES. 5.01. Ownership of City Property. The City is the owner the City Property which is more particularly described in Exhibit "B" to this Agreement. 5.02. Boat Basin. The Boat Basin in which the Boat Docking Facilities are to be constructed adjoins the City Property, is located on submerged lands owned by the City of Clearwater, and is depicted on the Site Plan attached as Exhibit "A ". 5.03. Obligations of the City. Lease of Boat Basin. This Agreement shall constitute a lease to Developer of the portion of the Boat Basin on which the Developer Slips and associated finger piers will be located (the "Leased Premises ") together with the non - exclusive right to utilize the central pier and City Property for access to the Developer Slips. Developer shall pay City as rental for the Leased Premises, annual rental in the initial amount of $5,435.83 commencing on the date that the Boat Docking Facilities are completed and .authorized for occupancy by the City ( "Lease Commencement Date "). The annual rental shall be payable in arrears within ten (10) days after the first anniversary of the Lease Commencement Date and annually thereafter on or before each anniversary of the Lease Commencement Date. The annual rental shall be adjusted on the first day of each lease year in accordance with the annual increase in the consumer price index for urban wage earners.and clerical wages for clerical workers for all items- U.S. City Average (cpi) published by the Bureau of Labor Statistics, United States Department of Labor (BLS), 1982 -84 -100. In the event the BLS shall cease to publish the CPI the City shall designate a comparable index for calculating increases in annual rental. The term of the lease shall be for the term of this Agreement as provided in Section 18.18 below. 2. Permits. The City will cooperate and coordinate with the Developerwith regard to all Permit applications, including those to state agencies, and will facilitate or expedite, to the greatest extent possible, the permit approval process. 3. Timely Completion. The City recognizes the public importance of the timely completion of the proposed improvements, and time is deemed to be of the essence. The City considers this Agreement as overall authority for the Developer to proceed to permit, and agrees to implement a fast -track review, permitting, and inspection program for the Boat Docking Facilities. Boat Dock Agreement Page 5 C: \Documents and Settings \wayne.wellsLLocal Settings \Temporary Internet Fi1es \0LK4 \C1ty Goal Dock Agmt 9.doc • 4. City Share of Common Expenses. City shall pay to the Developer its proportionate share of Common Expenses relating to the Boat Docking Facilities based on a percentage determined by dividing the number of City Slips by the total number of Boat Slips in the Boat Docking Facilities ( "City's Share "). Developer shall invoice the City annually at the end of each lease year for City's Share of Common Expenses, such invoice to include an itemized statement of Common Expenses. Notwithstanding the foregoing, in no event shall City's Share of Common Expenses for any lease year exceed the amount of annual rental due from Developer to City. Developer shall bear the full amount of City's Share of Common Expenses in excess of the annual rental amount due to City. ARTICLE 6. PROJECT FINANCING. 6.01. Assignment of Rights Under Agreement To Project Lender. Developer may assign to the Project Lender all its right, title and interest under this Agreement as security for any indebtedness of Developer. The execution of any assignment, security agreement, or other instrument, or the foreclosure of the instruction or any sale under the instrument, either by judicial proceedings or by virtue of any power reserved in the mortgage or deed of trust, or conveyance in lieu of foreclosure by Developer to the holder of such indebtedness, or the existence of any right, power, or privilege reserved in any instrument, shall not be held as a violation of any of the terms or conditions of this Agreement, or as an assumption by the holder of such indebtedness personally of the obligations of this Agreement. No such assignment, foreclosure, conveyance or exercise of right shall relieve Developer from its liability under this Agreement. 6.02. Cooperation. The City and the Developer shall cooperate as to reasonable requests for assurances any proposed Project Lender for the purpose of implementing the mortgagee protection provisions contained in this Agreement and allowing the Project Lender reasonable means to protect or preserve the liens of such Project Lender upon the occurrence of a default under the terms of this Agreement. ARTICLE 7. CONSTRUCTION OF PROJECT. 7.01. Site. The Developer shall be responsible for all site investigation and environmental testing. 7.02. Construction of Boat Docking Facilities. a. Commencement. Developer shall construct the Boat Docking Facilities substantially in accordance with the Plans and Specifications therefore approved by the City. The Boat Docking Facilities include certain improvements to the City Property /Boat Basin consisting of approximately 100 - 200 feet of new seawall cap as determined to be required by Rube Clarson, P.E.. Developer shall commence construction of the Boat Docking Facilities ( "Construction Commencement Date ") on or before one (1) year after receipt of all Permits, and expiration or resolution of all appeal /challenges thereto ( "Approval Effective Date "). b. For purposes of this Section 7.02, "commence construction" means commencement of meaningful physical development of the Boat Docking Boat Dock Agreement Page 6 C:\D000ments and Settingslwayne.well5 \Local Settings \Temporary Internet Files \OLKd \City Boat Dock Agmt 9.doc Facilities as authorized by the Permits therefor which is continued and diligently prosecuted toward completion of the Boat Docking Facilities. C. All obligations of Developer (including deadlines in the Construction Commencement Date) with respect to commencement and continuation of construction shall be subject to delays and extensions from time to time for Unavoidable Delay (see Article 15). Developer shall not be deemed to be in default of this Agreement to the extent construction of the Boat Docking Facilities, or a part thereof, is not complete by reason of Unavoidable Delay. 2. Pursuit of Construction. After the Construction Commencement Date, Developer shall continue, pursue and prosecute the construction of the Boat Docking Facilities with due diligence to completion, and shall not at any time actually or effectively have abandoned (or its Contractor having actually or effectively abandoned) the Boat Docking Facilities. For purposes of this subsection 7.02.2, "abandoned" means to have ceased any construction work which effectively advances the construction of the Boat Docking Facilities toward completion, including removing all or substantially all of the construction work force from the site of the Boat Docking Facilities for a period of not less than sixty (60) days. 3. Maintenance of Construction Site. During the construction of the Boat Docking Facilities, Developer shall, at its own expense, keep the Boat Docking Facilities and all adjoining City Property in reasonably good order and condition. 4. Construction Completion. Developer agrees to complete the Boat Docking Facilities on or before one (1) year after the Construction Commencement Date. 7.03. City Not in Privity. The City shall not be deemed to be in privity of contract with any Contractor or provider of services with respect to the construction of any part of the Boat Docking Facilities not constituting all or any part of public improvements. 7.04. Construction Sequencing and Staging Area. The Developer shall construct the Boat Docking Facilities in a manner and fashion which will minimize the inconvenience of the construction on the property owners of Clearwater Beach and the residents of the City and the use of the City Property. The City agrees to allow Developer to use portions of the City Property as designated by the City for construction staging during construction of the Boat Docking Facilities, without charge to the Developer, provided that such staging area does not unreasonably affect the .continued use of the City Property as provided for in this Paragraph. ARTICLE 8. INDEMNIFICATION. 8.01. Indemnification by the Developer. The Developer agrees to indemnify, defend and hold harmless, the City, its respective agents, officers, or employees from any and all liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees through appellate proceedings, for personal injury, bodily injury, death or property damage arising out of, or by reason of any act or omission of the Developer, its agents, employees or contractors arising out of, in connection with or by reason of, the performance of any and all services covered by this Agreement, or which are Boat Dock Agreement Page 7 C:\Documents and Setgngs \wayne.wellsU.ocal Setgngs \Temporary Internet Files \0LK4 \City Boat Dock Agmt 940c alleged to have arisen out of, in connection with or by reason of, the performance of any and all services covered by this Agreement. 2. The Developer shall indemnify, defend and hold harmless the City, its officers and employees from any and all liabilities, damages, costs, penalties, judgments, claims, demands, losses, or expenses (including, but not limited to, actual attorneys' fees and engineering fees) arising from or attributable to any breach by the Developer, as the case may be, of any representations or warranties contained in Section 9.0 1, or covenants contained in Section 9.02. 3. The Developer's indemnity obligations under subsections (1) and (2) of this Section ,shall survive the earlier of the Termination Date or the Expiration Date, but shall apply only to occurrences, acts, or omissions that arise on or before the earlier of the Termination Date or the Expiration Date. 4. The Developer's indemnity hereunder is in addition to and not limited by any insurance policy and is not and shall not be interpreted as an insuring agreement between or among the parties to this Agreement, nor as a waiver of sovereign immunity for any party entitled to assert the defense of sovereign immunity. 8.02. Indemnification by the City. To the extent permitted by law, the City agrees to indemnify, defend and hold harmless, the Developer, its respective officers, and employees from any and all liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees through appellate proceedings, for personal injury, bodily injury, death or property damage arising out of, or by reason of, any act or omission of the City, its respective agents or employees arising out of, in connection with or by reason of, the performance of any and all services covered by this Agreement, or which are alleged to have arisen out of, in connection with or by reason of, the performance of any and all services covered by this Agreement. 2. The City shall indemnify, defend and hold harmless the Developer, its officers and employees from any and all liabilities, damages, costs, penalties, judgments, claims, demands, losses, or expenses (including, but not limited to, actual attorneys' fees and engineering fees) arising from or attributable to any breach by the City, as the case may be, of any representations or warranties contained in Section 10.0 1, or covenants contained in Section 10.02. 3. The City's indemnity obligations under this Section 8.02 shall survive the earlier of the Termination Date or the Expiration Date, but shall only apply to occurrences, acts or omissions that arise on or before the earlier of the Termination Date or the Expiration Date. The City's indemnity hereunder is not and shall not be interpreted as an insuring agreement between or among the parties to this Agreement, but is in addition to and not limited by any insurance policy provided that said obligation shall not be greater than that permitted and shall be limited by the provisions of Section 768.28, Florida Statutes, or any successor statute thereto. 8.03. Limitation of Indemnification. Notwithstanding anything to the contrary contained herein, with respect to the indemnification obligations of the Developer (as set forth in Section 8.01) and the City (as set forth in Section 8.02), the following shall apply: Boat Dock Agreement Page 8 C:\Documents and Setttngs \wayne.wells \Local Settings \Temporary Internet Fi1es \OLK4 \City Boat Dock Agmt 9.doc & 0 1. The indemnifying party shall not be responsible for damages that could have been, but were not, mitigated by the indemnified party; 2. The indemnifying party shall not be responsible for that portion of any damages caused by the negligent or willful acts or omissions of the indemnified party; and 3. There shall be no obligation to indemnify hereunder in the event that the indemnified party (1) shall have effected a settlement of any claim without the prior written consent of the indemnifying party, or (2) shall not have subrogated the indemnifying party to the indemnified party's rights against any third party by an assignment to the indemnifying party of any cause or action against such third party. ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE DEVELOPER. 9.01. Representations and Warranties. The Developer represents and warrants to the City that each of the following statements is currently true and accurate and agrees the City may rely upon each of the following statements: The Developer is a Florida Limited Liability Company duly organized and validly existing under the laws of the State of Florida, has all requisite power and authority to carry on its business as now conducted, to own or hold its properties and to enter into and perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party, is qualified to do business in the State of Florida, and has consented to service of process upon a designated agent for service of process in the State of Florida. 2. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the Developer is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the Developer, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof: (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the Developer, (iii) contravenes or results in any breach of, default under or, other than as contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of the Developer under any indenture, mortgage, deed of trust, bank loan or credit agreement, the Developer's Articles of Organization, or, any other agreement or instrument to which the Developer is a party or by which the Developer may be bound. 3. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the Developer is or will be a party constitutes, or when entered into will constitute, a legal, valid and binding obligation of the Developer enforceable against the Developer in accordance with the terms thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. Boat Dock Agreement Page 9 C:\D000ments and Settings \wayne.wellsLLocal Settings \Temporary Internet Files \0LK4 \City Boat Dock Agmt 9.doc M i 4. There are no pending or, to the knowledge of the Developer threatened actions or proceedings before any court or administrative agency against the Developer, or against any controlling shareholder, officer, employee or agent of the Developer which question the validity of this Agreement or any document contemplated hereunder, or which are likely in any case, or in the aggregate, to materially adversely affect the consummation of the transactions contemplated hereunder or the financial condition of the Developer. 5. The Developer has filed or caused to.be filed all federal, state, local and foreign tax returns, if any, which were required to be filed by the Developer and has paid, or caused to be paid, all taxes shown to be due and payable on such returns or on any assessments levied against the Developer. 6. All documentation, including that pertaining to the Boat Docking Facilities or the Developer, delivered by the Developer to the City was, on the date of delivery thereof, true and correct. 7. The principal place of business and principal executive offices of the Developer is in St. Petersburg, Florida, and the Developer will keep records concerning the Boat Docking Facilities (such as construction contracts, financing documents and corporate documents) and all contracts, licenses and similar rights relating thereto at an office in Pinellas County. 8. As of the Effective Date, the Developer will have the financial capability to carry out its obligations and responsibilities in connection with the development of the Boat Docking Facilities as contemplated by this Agreement. 9. The Developer has the experience, expertise, and capability to develop, cause the construction, and complete the Boat Docking Facilities and, oversee and manage the design, planning, construction, completion and use of the Boat Docking Facilities. 9.02. Covenants. The Developer covenants with the City that until the earlier of the Termination Date or the Expiration Date: The Developer shall timely perform or cause to be performed all of the obligations contained herein which are the responsibility of the Developer to perform. 2. During each year that this Agreement and the obligations of the Developer under this Agreement shall be in effect, the Developer shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals and shall cause to occur those events contemplated by this Agreement that are applicable to, and that are the responsibility of, the Developer. 3. The Developer shall assist and cooperate with the City to accomplish the development of the Boat Docking Facilities by the Developer in accordance with the Plans and Specifications, and this Agreement, and will not violate any laws, ordinances, rules, regulations, orders, contracts or agreements that are or will be applicable thereto. Boat Dock Agreement Page 10 C: \Documents and Settings \wayne.wells \Local Settings \Temporary Internet Files \OLK4 \City Boat Dock Agmt 9.doc 4. Subsequent to the Effective Date, the Developer shall maintain its financial capability to develop, construct and complete the Boat Docking Facilities and shall promptly notify the City of any event, condition, occurrence, or change in its financial condition which adversely affects, or with the passage of time is likely to adversely affect, the Developer's financial capability to successfully and completely develop, construct and complete the Boat Docking Facilities as contemplated hereby. 5. The Developer shall promptly cause to be filed when due all federal, state, local and foreign tax returns required to be filed by it, and shall promptly pay when due any tax required thereby. 6. Subject to Section 18.01, the Developer shall maintain its existence, will not dissolve or substantially dissolve all of its assets and will not consolidate with or merge into another corporation, limited partnership, or other entity or permit one or more other corporations or other entity to consolidate with or merge into it without the prior approval of the City unless the Developer or an entity under common control with Developer, retains a controlling interest in the consolidated or merged entity, and will promptly notify the City of any changes to the existence or form of the entity or any change in the control of the Developer. 7. Other than sales and assignments contemplated by this Agreement, the Developer shall not sell, lease, transfer or otherwise dispose of all or substantially all its assets without adequate consideration and will otherwise take no action which shall have the effect, singularly or in the aggregate, of rendering the Developer unable to continue to observe and perform the covenants, agreements, and conditions hereof and the performance of all other obligations required by this Agreement. 8. The Developer shall not permit, commit, or suffer any waste of the City Property, the Boat Basin or the Boat Docking Facilities. 9. Provided all conditions precedent thereto have been satisfied or waived as provided herein, the Developer shall design, construct and complete the Boat Docking. Facilities such that it is substantially complete as provided in this Agreement no later than the Completion Date. ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY. 10.01. Representations and Warranties. The City represents and warrants to the Developer that each of the following statements is currently true and accurate and agrees that the Developer may rely on each of the following statements: The City is a validly existing body corporate and politic of the State of Florida, has all requisite corporate power and authority to carry on its business as now conducted and to perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party. 2. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the City is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the City, and neither the execution and delivery thereof, nor compliance Boat Dock Agreement Page 11 C: \Documents and Settings \wayne.wells \Local Settings \Temporary Internet Fles \0LK4 \City Boat Dock Agmt 9.doc with the terms and provisions thereof or hereof (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the City, (iii) contravenes or results in any breach of,, or default under or, other than as contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of the City under any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions or, on the date of this Agreement, any other agreement or instrument to which the City is a party, specifically .including any covenants of any bonds, notes, or other forms of indebtedness of the City outstanding on the Effective Date. 3. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the City is or will be a party constitute, or when entered into will constitute, legal, valid and binding obligations of the City enforceable against the City in accordance with the terms thereof, except as such enforceability may be limited by public policy or applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. 10.02. Covenants. The City covenants with the Developer that until the earlier of the Termination Date or the Expiration Date: The City shall timely perform, or cause to be performed, all of the obligations contained herein which are the responsibility of the City to perform. 2. During each year that this Agreement and the obligations of the City under this Agreement shall be in effect, the City shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals, and shall cause to occur those events contemplated by this Agreement that are applicable to and are the responsibility of the City. 3. The City shall assist and cooperate with the Developer to accomplish the development of the Boat Docking Facilities in accordance with this Agreement and the Plans and Specifications, will carry out its duties and responsibilities contemplated by this Agreement, and will not violate any laws, ordinances, rules, regulations, orders, contracts, or agreements that are or will be applicable thereto, and, to the extent permitted by law, the City will not enact or adopt or urge or encourage the adoption of any ordinances, resolutions, rules regulations or orders or approve or enter into any contracts or agreements, including issuing any bonds, notes, or other forms of indebtedness, that will result in any provision of this Agreement to be in violation thereof. 4. The City shall not permit, commit, or suffer any waste or impairment to the Boat Docking Facilities, nor shall the City alter the City Property, or any part thereof, so as to prevent or adversely affect the development and use of the Boat Docking Facilities. ARTICLE 11. CONDITIONS PRECEDENT. Boat Dock Agreement Page 12 C:\Documents and Settings \wayne.wells \Local Settings \Temporary Internet Files \OLK4 \City Boat Dock Agmt 940c 11.01. Developer Obligations. Unless this Agreement has been terminated pursuant to Article 12 hereof, the obligation of the Developer to construct the Boat Docking Facilities is subject to the fulfillment to the satisfaction of, or waiver in writing by, the Developer of each of the following conditions precedent: All conditions precedent under Article 11 of the Development Agreement have been satisfied or waived by Developer. 2. The Plans and Specifications required to commence construction of the Boat Docking Facilities shall have been approved by the City in accordance with applicable ordinances, land use regulations, building codes and other regulations of the City. 3. All Permits necessary for construction of the Boat Docking Facilities to commence shall have been issued and have become final and non - appealable. 11.02. Responsibilities of the Parties for Conditions Precedent. The parties hereto shall not, individually or collectively, knowingly, intentionally or negligently prevent any condition precedent from occurring; provided, however, nothing in this Section is intended or shall be deemed to deny any party the right to reasonably exercise its discretion to the extent permitted by law or this Agreement. ARTICLE 12. DEFAULT; TERMINATION. 12.01. Project Default by the Developer. There shall be an "event of default" by the Developer under this Agreement upon the occurrence of any one or more of the following: a. The Developer shall fail to perform or comply with any material provision of this Agreement applicable to it within the time prescribed therefor, after receipt of a notice from the City pursuant to Subsection 12.01.2.a.; or b. The Developer shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation or shall file an answer admitting, or shall fail reasonably to contest, the material allegations of a petition filed against it in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of the Developer or any material part of such entity's properties; or C. Within sixty (60) days after the commencement of any proceeding by or against the Developer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed or otherwise terminated, or if, within sixty (60) days after the appointment without the consent or acquiescence of the Developer of any Boat Dock Agreement Page 13 C: \Documents and Settings \wayne.wells \Local Settings \Temporary Internet Files \OLK4 \City Boat Dock Agmt 9.doc trustee, receiver or liquidator of any of such entities or of any material part of any of such entity's properties, such appointment shall not have been vacated; or 2. a. If an event of default by the Developer described in subsection 1 above shall occur, the City shall provide written notice thereof to the Developer, and, if such event of default shall not be cured by the Developer within thirty (30) days after receipt of the written notice from the City specifying in reasonable detail the event of default by the Developer, or if such event of default is of such nature that it cannot be completely cured within such time period, then if the Developer shall not have commenced to cure such default within such thirty (30) day period and shall not diligently prosecute such cure to completion within such reasonable longer period of time as may be necessary (provided, however, if the Developer is proceeding diligently and in good faith, the curative period shall be extended for a period of not exceeding six (6)' months without any approval or consent of the City being required, but such approval will be required if the curative period is to be extended beyond six (6) months) then, in addition to any remedy available under Section 12.05, the City may terminate this Agreement or pursue any and all legal or equitable remedies to which the City is entitled, provided, however, if the Developer shall fail to cure such event of default within said thirty (30) day or longer period or ceases to proceed diligently to timely cure such event of default, then the City may proceed to enforce other available remedies without providing any additional notice to the Developer. b. Any attempt by the City to pursue any of the above referenced remedies will not be deemed an exclusive election of remedy or waiver of the City's right to pursue any other remedy to which either may be entitled. C. Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any event of default hereunder if such event affects the Developer's or City's ability to perform by such deadline or the expiration of such period. 3. Subject to the rights of the Project Lender, if the City elects to cure a default under Subsection 12.01.1. by the Developer, construction contracts, contract documents, building permits, development permits, management agreements, and financial commitments (all only to the extent assignable) with respect to the Project shall, if such default has not been previously cured, on the day following receipt by the Developer of notice from the City of its election to cure, be deemed then assigned to the City making said election, without necessity of any other action being taken or not taken by any party hereto. The Developer shall transfer and deliver to the City upon making said election, all assignable Plans and Specifications, working drawings, construction contracts, contract documents and all Permits, and, at the direction of the City, the Developer shall vacate the Leased Premises. Boat Dock Agreement Page 14 C: \Documents and Settings \wayne.wells \Local Settings \Temporary Internet Files \OLK4 \C'by Boat Dock Agmt 9.doc 12.02. Default by the City. Provided the Developer is not then in default under Section 12.01, there shall be an "event of default" by the City under this Agreement in the event the City shall fail to perform or comply with any material provision of this Agreement applicable to it; provided, however, that suspension of or delay in performance by the City during any period in which the Developer is in default of this Agreement as provided in Section 12.01 hereof will not constitute an event of default by the City under this Subsection 12.02. 2. a. If an event of default by the City described in Subsection 12.02.1. shall occur, the Developer shall provide written notice thereof to the City, and, after expiration of the curative period described in paragraph (b) below, may terminate this Agreement, institute an action to compel specific performance of the terms hereof by the City or pursue any and all legal or equitable remedies to which the Developer is entitled; provided, however, if the event of default by the City occurs, any monetary recovery by the Developer in any such action shall be limited to bona fide third -party out of- pocket costs and expenses, including reasonable attorneys' fees, incurred by the Developer in connection with this Agreement and the transactions contemplated hereby, unless any such default by the City was willful and committed in bad faith with reckless disregard for the rights of the Developer. b. The Developer may not terminate this Agreement or institute an action described in paragraph (2a) above if the City cures such event of default within thirty (30) days after receipt by the City of written notice from the Developer specifying in reasonable detail the event of default by the City, or if any such event of default is of such nature that it cannot be completely cured within such period, then within such reasonably longer period of time as may be necessary to cure such default, provided however, if the City is proceeding diligently and in good faith, the curative period shall be extended for a period of not exceeding six (6) months without any approval or consent of the Developer being required, but such approval will be required if the curative period is to be extended beyond six (6) months after the notice of default has been given by the Developer to the City if the City has commenced to cure such default within such thirty (30) day period and is diligently prosecuting such curative action to completion. The City shall within said thirty (30) day period or such longer period promptly, diligently and in good faith proceed to cure such event of default after receipt of the notice from the Developer and shall succeed in curing such event of default within said period of time, provided, however, if the City shall fail to cure such event of default within said thirty (30) day or longer period or ceases to proceed diligently to timely cure such event of default, then the Developer may proceed with its available remedies without providing any additional notice to the City. C. Any attempt by the Developer to pursue any of the remedies referred to in paragraphs a. and b. above will not be deemed an exclusive election of remedy or waiver of the Developer's right to pursue any other remedy to which it might be entitled. Boat Dock Agreement Page 15 C: \Documents and Settings \wayne.wells \Local Settings \Temporary Internet Files \OLK4 \City boat Dock Agmt 9.doc • s d. Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any event of default hereunder if such event affects the Developer's or City's ability to perform by such deadline or the expiration of such period. 12.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the contrary, the specified rights and remedies to which either the City or the Developer are entitled under this Agreement are not exclusive and are intended to be in addition to any other remedies or means of redress to which the City or the Developer may lawfully be entitled and are not specifically prohibited by this Agreement. The suspension of, or delay in, the performance of its obligations by the Developer while the City shall at such time be in default of their obligations hereunder shall not be deemed to be an "event of default." The suspension of, or delay in, the performance of the obligations by the City while the Developer shall at such time be in default of its obligations hereunder shall not be deemed to be an "event of default" by the City. 12.04. Non - Action on Failure to Observe Provisions of this Agreement. The failure of the City or the Developer to promptly or continually insist upon strict performance of any term, covenant, condition or provision of this Agreement, or any Exhibit hereto, or any other agreement, instrument or document of whatever form or nature contemplated hereby shall not be deemed a waiver of any right or remedy that the City or the Developer may have, and shall not be deemed a waiver of a subsequent default or nonperformance of such term, covenant, condition or provision. 12.05. Termination Prior to Commencement of Project. The Developer and the City acknowledge and agree that as of the Effective Date certain matters mutually agreed by the parties hereto to be essential to the successful development of the Boat Docking Facilities have not been satisfied or are subject to certain conditions, legal requirements or approvals beyond the control of any of the parties hereto or which cannot be definitely resolved under this Agreement, including, but not limited to, failure of a governmental authority to grant an approval required for development of the Boat Docking Facilities. In recognition of these events or conditions, the parties hereto mutually agree that, provided the appropriate or responsible party therefor diligently and in good faith seeks to the fullest extent of its capabilities to cause such event or condition to occur or be satisfied, the failure of the events or conditions listed in subsection 2. below to occur or be satisfied shall not constitute an event of default by any party under this Article 12, but may, upon the election of any party hereto, be the basis for a termination of this Agreement in accordance with this Section. 2. In addition to any other rights of termination provided elsewhere in this Agreement, prior to commencement of the Boat Docking Facilities, this Agreement may be terminated as provided in subsection 3. of this section by the City or the Developer after the occurrence of any of the following events or conditions (except for subsection b. , in which event only the Developer may terminate this Agreement pursuant to this subsection 2.): a. The appropriate governmental authority (including the City in exercise of its governmental and regulatory authority and responsibility), upon petition by Boat Dock Agreement Page 16 C: \Documents and Settings \wayne.wells \Local Settings \Temporary Internet Files \OLK41Cily Boat Dock Agmt 9.doc s • the Developer denies or fails to: issue the Permits, or issue any other approval necessary to commence construction of the Boat Docking Facilities, provided the Developer has proceeded diligently, expeditiously and in good faith to obtain such Permits or other necessary actions; b. A previously unknown site condition is subsequently discovered and that condition prevents successful development of the Boat Docking Facilities. 3. Upon the occurrence of an event described in subsection 2. or in the event that the Developer or the City, after diligently and in good faith to the fullest extent its capabilities, is unable to cause a condition precedent to its respective obligations to occur or be satisfied, then the Developer or the City may elect to terminate this Agreement by giving a notice to the other party hereto within thirty (30) days of the occurrence of such event or the determination of inability to cause a condition precedent to occur or be satisfied, stating its election to terminate this Agreement as a result thereof, in which case this Agreement shall then terminate. 4. In the event of a termination pursuant to this Section 12.05, neither the Developer nor the City shall be obligated or liable one to the other in any way, financially or otherwise, for any claim or matter arising from or as a result of this Agreement or any actions taken by the Developer and the City, or any of them, hereunder or contemplated hereby, and each party shall be responsible for its own costs, however, the provisions of Sections 9.01 and 10.01 shall apply and shall survive termination of this Agreement, the provisions of this Subsection 12.05.4 to the contrary notwithstanding. 12.06. Termination Certificate. In the event of a termination of this Agreement for any reason prior to the Expiration Date, each of the parties hereto do covenant and agree with each other to promptly execute a certificate prepared by the party electing to terminate this Agreement, which certificate shall expressly state that this Agreement has been terminated in accordance with its terms, is no longer of any force and effect except for those provisions hereof which expressly survive termination, that the rights, duties and obligations of the parties hereto have been terminated and released (subject to those surviving provisions hereof) and that the Boat Basin is no longer subject to any restrictions, limitations or encumbrances imposed by this Agreement. 2. The certificate described in Subsection 1. shall be prepared in a form suitable for recording and promptly after execution by all of the parties hereto shall be recorded in the public records of Pinellas County, Florida. Boat Dock Agreement Page 17 C:\Documents and Settings \wayne.wells \Local Settings \Temporary Internet Fles \OLK4 \City Goal Dock Agmt 9.doc ARTICLE 13. RIGHT TO CONTEST. 13.01. Right to Contest. Subject to the conditions set forth in Section 13.02 below, the City or the Developer each may, at its sole discretion and expense, after prior written notice to the other parties hereto, contest by appropriate action or proceeding conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any lien, any payment of any taxes, assessments, impact fees or other public charges of a similar nature that may from time to time be levied upon or assessed by any appropriate governmental authority against the City, the Developer, the Boat Docking Facilities (or any part thereof), the Boat Basin or personal property thereon, and the revenues generated from the use or operation of any or all of the above, any other payment specifically identified in this Agreement, or compliance with any law, rule, regulation, or other such legal requirement. 13.02. Conditions. The right to contest any charge, payment or requirement pursuant to Section 13.01 is subject to the following: 1. Such proceeding shall suspend the execution or enforcement of such charge, payment or requirement; 2. Such proceeding will not create any risk of impairment of the construction, completion, operation or use of the Boat Docking Facilities or any part thereof, in any material respect, and no portion of the Boat Docking Facilities would be subject to any risk of being involuntarily sold, forfeited or lost or the construction, equipping, or completion of the Boat Docking Facilities or any part thereof be delayed or prohibited; 3. Such proceeding will not subject any other party to criminal liability or risk of material civil liability for failure to comply therewith, or involve risk of any material claim against such party; and 4. The party seeking the benefit of this Article shall have furnished to the other parties such security, if any, as may be required in such proceeding or as may be reasonably requested by the others, to protect the Boat Docking Facilities and any part thereof, and any interest of such parties hereunder. ARTICLE 14. ARBITRATION 14.01. Agreement to Arbitrate. Only as specifically provided in this Agreement and only if any judicial or administrative action or proceeding has not been commenced with regard to the same matter and, if so, the party hereto commencing such action has not dismissed it, any disagreement or dispute between the parties may be arbitrated in the manner set forth in this Article 14. All parties hereby agree such arbitration, once commenced, shall be the exclusive procedure for resolving such disagreement or dispute and agree to be bound by the result of any such arbitration proceeding unless all parties mutually agree to terminate such proceeding prior to decision. If any arbitration proceeding under this part adversely affects the performance of any party hereunder, then any time periods provided herein for such performance by that party shall be tolled during the pendency of the arbitration proceeding affecting such performance. 14.02. Appointment of Arbitrators. Boat Dock Agreement Page 18 CADocuments and Set9ngs \wayne.wells \Local Settings \Temporary Intemet F11es \0LK4 \City Boat Dock Agmt 9.doc a. Unless accelerated arbitration as provided in Section 14.08 hereof is invoked, any party invoking arbitration herewith shall, within five (5) days after giving notice of impasse in the dispute resolution process or upon following the expiration of the time period for such dispute resolution occurrence of the event permitting arbitration to be invoked, give written notice to that effect to the other parties, and shall in such notice appoint a disinterested person who is on the list of qualified arbitrators maintained by the American Arbitration Association or a disinterested person not on such list to whom an objection is not made by any other party hereto within five (5) days of receipt of the notice of such appointment as the arbitrator or, if more than one (1) arbitrator is to be appointed, as one of the arbitrators. b. Within ten (10) days after receipt of the notice described in paragraph (1), the other parties shall by written notice to the original party acknowledge that arbitration has been invoked as permitted by this Agreement, and shall either accept and approve the appointment of such individual set forth in the original notice as a sole arbitrator or shall appoint one (1) disinterested person per party of recognized competence in such field as an arbitrator. 2. a. If two (2) arbitrators are appointed pursuant to subsection a. above, the arbitrators thus appointed shall appoint a third disinterested person who is on the list of qualified arbitrators maintained by the American Arbitration Association, and such three (3) arbitrators shall as promptly as possible determine such matter. b. If the second arbitrator shall not have been appointed as provided in subsection a., the first arbitrator shall, after ten (10) days notice to the parties, proceed to determine such matter. C. If the two (2) arbitrators appointed by the parties pursuant to subsection a. shall be unable to agree within fifteen (15) days after the appointment of the second arbitrator upon the appointment of a third arbitrator, they shall give written notice of such failure to agree to the parties, and, if the parties then fail to agree upon the selection of such third arbitrator within fifteen (15) days thereafter, then within ten (10) days thereafter each of the parties upon written notice to the other parties hereto may request the appointment of a third arbitrator by the office in or for the State of Florida (or if more than one office, the office located closest to the City) of the American Arbitration Association (or any successor organization thereto), or, in its absence, refusal, failure or inability to act, request such appointment of such arbitrator by the United States District Court for the Middle District of Florida (which request shall be filed in the division of that court responsible for the geographic area including the City), or as otherwise provided in Chapter 682, Florida Statutes, known and referred to as the Florida Arbitration Act, as amended. 14.03. General Procedures. In any arbitration proceeding under this part, those parties appointing arbitrators shall each be fully entitled to present evidence and argument to the sole arbitrator or panel of arbitrators. The arbitrator or panel of arbitrators shall only interpret and apply the terms of this Agreement and may not change any such terms, or deprive any party to this Agreement of any right or remedy expressed or implied in this Agreement, or award any Boat Dock Agreement Page 19 C:\D000ments and Settings \wayne.wells \Local Settings \Temporary Internet Fi1es \OLK4 \City Boat Dock Agmt 9.doc 0 0 damages or other compensation to any party hereto. The arbitration proceedings shall follow the rules and procedures of the American Arbitration Association (or any successor organization thereto) unless specifically modified by this Agreement, or as then agreed to by the parties hereto. 14.04. Majority Rule. In any arbitration proceeding under this part, the determination of the majority of the panel of arbitrators, or of the sole arbitrator if only one (1) arbitrator is used, shall be conclusive upon the parties and judgment upon the same may be entered in any court having jurisdiction thereof. The arbitrator or panel of arbitrators shall give written notice to the parties stating his or their determination within thirty (30) days after the conclusion of the hearing or final submission of all evidence or argument. 14.05. Replacement of Arbitrator. In the event of the failure, refusal or inability of any arbitrator to serve as such, promptly upon such determination being made by the affected arbitrator, the affected arbitrator shall give notice to the other two (2) arbitrators (if applicable) and to the parties hereto, and then a new arbitrator shall be promptly appointed as a replacement, which appointment shall be made by the party or the arbitrators who appointed the affected arbitrator in the same manner as provided for in the original appointment of the affected arbitrator in Section 14.02 hereof. 14.06. Decision of Arbitrators. If any decision reached by arbitration as provided in this part requires performance by the Developer, the Developer covenants and agrees to comply with any decision of the arbitrator(s) promptly after the date of receipt by the Developer of such decision, and to continue such performance to completion with due diligence and in good faith. 2. If any such decision requires performance bythe City, the City covenants and agrees to comply promptly with any decision reached by arbitrators) promptly after the date of receipt by the City of such decision, and to continue such performance to completion with due diligence and in good faith. 3. Nothing in this part, nor in any arbitration decision rendered under this part, shall be construed to require any payment by the City to the Developer not otherwise provided for herein. 14.07. Expense of Arbitration. The expenses of any arbitration proceeding pursuant to this part shall be borne equally by the parties to such proceeding, provided, however, for the purpose of this Section 14.07, "expenses" shall include the fees and expenses of the arbitrators and the American Arbitration Association with respect to such proceeding, but shall not include attorneys' fees or expert witness fees, or any costs incurred by attorneys or expert witnesses, unless (and to the extent) agreed to by the parties to such proceeding, which in the absence of such Agreement shall be the responsibility of the party incurring such fees or costs. 14.08. Accelerated Arbitration. a. If any of the parties to any arbitration proceeding under this part determines the matter for arbitration should be decided on an expedited basis, then after an initial election to invoke arbitration pursuant to Section 14.02 hereof has Boat Dock Agreement Page 20 C:1Documents and Settings \wayne.wellsLLOCaI Settings \Temporary Internet Fi1es \OLK4 \City Boat Dock Agmt 9.doc been made, either party to such proceeding may invoke. accelerated arbitration by giving notice thereof to the other parties no later than three (3) days after arbitration has been initially invoked and the other parties do not object within three (3) days thereafter. b. Accelerated arbitration, for purposes of this Section 14.08, shall be accomplished by either party notifying the American Arbitration Association (or any successor organization thereto) that the parties have agreed to a single arbitrator, qualified to decide the matter for arbitration, to be appointed by the American Arbitration Association (or any successor organization thereto) with the consent of the parties to such proceeding within three (3) days after receipt of the request and to decide such matter within five (5) days after such appointment. C. If an arbitrator is not so appointed with consent of the parties to the proceeding within three (3) days after the notice referred to in paragraph. (2) is received by the .American Arbitration Association, the accelerated proceeding under this Section 14.08 shall terminate and the procedures otherwise set forth in this Article 14 shall apply, unless the parties mutually agree to an extension of such time period. 2. The Developer and the City hereby agree to use such accelerated procedure only when reasonably necessary, to not contest the appointment of the arbitrator or his or her decision except as may be permitted by law, and that all other provisions of this part, except as are in conflict with this Section 14.08, remain in effect and applicable to an accelerated arbitration proceeding. 14.09. Applicable Law. To the extent not inconsistent with this article, any arbitration proceeding under this article shall be governed by the provisions of Chapter 682, Florida Statutes, as amended, known and referred to as the Florida Arbitration Code. 14.10. Arbitration Proceedings and Records. Any arbitration hearing under this article shall be considered a meeting subject to Section 286.011, Florida Statutes, and shall be open to any member of the public. Unless otherwise rendered confidential pursuant to or by the operation of any applicable law or order (other than an order by a sole arbitrator or panel of arbitrators acting under this part), the record of such proceedings shall be a public record under Chapter 119, Florida Statutes. ARTICLE 15. UNAVOIDABLE DELAY. 15.01. Unavoidable Delay. Any delay in performance of or inability to perform any obligation under this Agreement (other than an obligation to pay money) due to any event or condition described in paragraph (b) as an event of "Unavoidable Delay" shall be excused in the manner provided in this Section 15.01. 2. "Unavoidable Delay" means any of the following events or conditions or any combination thereof: acts of God, litigation which has the effect of precluding reasonable satisfaction of the obligations of this Agreement, acts of the public enemy, riot, insurrection, war, pestilence, archaeological excavations required by Boat Dock Agreement Page 21 C: \Documents and Settings \wayne.wells \Local Settings \Temporary Internet Files \OLK4 \City Boat Dock Agmt 9.doc 0 0 law, unavailability of materials after timely ordering of same, epidemics, quarantine restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and excessively inclement weather (as indicated by the records of the local weather bureau for a five -year period preceding the Effective Date), strikes or labor disturbances, delays due to proceedings under Chapters 73 and 74, Florida Statutes, restoration in connection with any of the foregoing or any other cause,beyond the reasonable control of the party performing the obligation in question, including, without limitation, such causes as may arise from the act of the other party to this Agreement, or acts of any governmental authority (except that acts of the City shall not constitute an Unavoidable Delay with respect to performance by the City). 3. An application by any party hereto (referred to in this paragraph (c) and in paragraph (d) as the "Applicant ") for an extension of time pursuant to this subsection must be in writing, must set forth in detail the reasons and causes of delay, and must be filed with the other party to this Agreement within seven (7) days following the occurrence of the event or condition causing the Unavoidable Delay or seven (7) days following the Applicant becoming aware (or with the exercise of reasonable diligence should have become aware) of such occurrence. 4. The Applicant shall be entitled to an extension of time for an Unavoidable Delay only for the number of days of delay due solely to the occurrence of the event or condition causing such Unavoidable Delay and only to the extent that any such occurrence actually delays that party from proceeding with its rights, duties and obligations under this Agreement affected by such occurrence. ARTICLE 16. RESTRICTIONS ON USE. 16.01. Project. Prior to the earlier of the Termination Date or the Expiration Date, no use of the Boat Docking Facilities, other than as described in Section 2.03, shall be permitted, unless and until the Developer or the person, if other than the Developer, intending to so use the Boat Docking Facilities, shall file with the City a request for a release from the restriction imposed by this Section. The Governing Body of the City shall promptly consider such request and either deny the request, approve the request as filed, or approve the request subject to such terms, conditions and limitations as the City may reasonably require. Unless specifically requested and approved, a release of the restriction imposed by this Section shall not release the Developer from any obligations or restrictions imposed by this Agreement or any agreement, instrument or document contemplated hereby. ARTICLE 17. FIRE OR OTHER CASUALTY; CONDEMNATION. 17.01. Loss or Damage to Project. Until the Termination Date or the Expiration Date, and without regard to the extent or availability of any insurance proceeds, however, subject to any condition or limitations as set forth in the Permits, the Developer shall have the right to commence and complete the reconstruction or repair of any loss or damage caused by fire or other casualty or by eminent domain (provided the City is not the condemning authority) to each and every part of the Boat Docking Facilities substantially the same condition as existed prior to the occurrence of such loss or Boat Dock Agreement Page 22 C: \Documents and Settings \wayne.wells\Local Settings \Temporary Internet Files \OLK4 \City Boat Dock Agmt 9.doc 0 & damage, promptly after the City approves the Plans and Specifications for such reconstruction or repairs. 2. The City shall review the Plans and Specifications for such reconstruction or repairs as soon as possible after filing thereof by the Developer. The City agrees to approve the Plans and Specifications for such reconstruction or repairs if the reconstruction or repairs contemplated by such Plans and Specifications will restore the Boat Docking Facilities, or the damaged portion thereof, to substantially the same condition as existed prior to the occurrence of such loss or damage and if such Plans and Specifications conform to the applicable laws, ordinances, codes, and regulations in effect at the time of filing with the City of the plans and specifications for such reconstruction or repairs. 3. If Developer elects not to reconstruct or repair the Boat Docking Facilities as provided herein, Developer shall promptly remove all improvements constituting the Boat Docking Facilities in compliance with the requirements of the City and the Permits. ' 17.02. Partial Loss or Damage to Project. Until the Termination Date or the Expiration Date, any loss or damage by fire or other casualty or exercise of eminent domain to the Boat Docking Facilities, or any portion thereof, which does not render the Boat Docking Facilities unusable for the use contemplated by Section 2.03 of this Agreement, shall not operate to terminate this Agreement or to relieve or discharge the Developer from the timely performance and fulfillment of the Developer's obligations pursuant to this Agreement, subject to an extension of time for an Unavoidable Delay. 17.03. Insurance Proceeds. 1. Whenever the Boat Docking Facilities, or any part thereof, shall have been damaged or destroyed, the Developer shall promptly make proof of loss and shall proceed promptly to collect, or cause to be collected, all valid claims which may have arisen against insurers or others based upon such damage or destruction. Notwithstanding the foregoing, Developer shall not be obligated to obtain or provide casualty insurance as to the Boat Docking Facilities. 2. Subject to the rights of a Project Lender, the Developer agrees that all proceeds of property or casualty insurance received by the Developer as a result of such loss or damage shall be available and shall be used for payment of the costs of the reconstruction or repair of the Boat Docking Facilities to the extent necessary to repair or reconstruct the Boat Docking Facilities. 17.04. Notice of Loss or Damage to Boat Docking Facilities. The Developer shall promptly give the City written notice of any significant damage or.destruction to the Boat Docking Facilities stating the date on which such damage or destruction occurred, the expectations of the Developer as to the effect of such damage or destruction on the use of the Boat Docking Facilities, and the proposed schedule, if any, for repair or reconstruction of the Boat Docking Facilities. 17.05. Condemnation of Boat Docking Facilities; Application of Proceeds. In the event that part, but not all, of the Boat Docking Facilities shall be taken by the exercise of the power of eminent domain at any time before the Expiration Date, subject to the rights of a Project Boat Dock Agreement Page 23 C:\D000ments and Settings \wayne.wells \Local Settings \Temporary Internet Files1OLK4 \City Boat Dock Agmt 9,doc • Lender, the compensation awarded to and received by the Developer shall be applied first to the restoration of the Boat Docking Facilities, provided the Boat Docking Facilities can be restored and be commercially feasible for its intended use as contemplated by Section 2.03.1. of this Agreement after the taking, and, if not, can be retained by the Developer. ARTICLE 18. MISCELLANEOUS 18.01. Assignments. 1. By the. Developer. a. The Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Boat Docking Facilities, or any part thereof, only with the prior written consent of the City, which consent is hereby granted for assignment to a party to which Developer's rights are assigned pursuant to the Development Agreement, provided that such party (hereinafter referred to as the "assignee "), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Boat Docking Facilities as is subject to such sale, conveyance, assignment or other disposition. b. If the assignee of the Developer's right, title, interest and obligations in and to the Boat Docking Facilities, or any part thereof assumes all of the Developer's obligations hereunder, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. C. An assignment of the Boat Docking Facilities, any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Section 18.01, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. d. No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any portion of the Boat Docking Facilities shall in any way be obligated or responsible for any of the Developer's obligations by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquirer has expressly assumed the Developer's obligations. Boat Dock Agreement Page 24 C: \Documents and Settings \wayne.wells \Local Settings \Temporary Internet Files \OLK4 \City Boat Dock Agmt 9.doc • e. Notwithstanding the foregoing, so long as this Agreement is in effect, Developer shall have the right to sublease or license the use of individual Developer Boat Slips to owners, tenants and guests within the Project without City's consent. 18.02. Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and its successors and assigns, except as may otherwise be specifically provided herein. 18.03. Notices. All notices, demands, requests for approvals or other communications given by either party to another shall be in writing, and shall be sent by registered or certified mail, postage prepaid, return receipt requested or by courier service, or by hand delivery to the office for each party indicated below and addressed as follows: To the Developer: THE SANDPEARL RESORT, LLC 2201-4 th Street North Suite 200 St. Petersburg, FL 33704 Attn: J. Michael Cheezem with copies to: E.D. (Ed) Armstrong, III P.O. Box 1368 Clearwater, FL 33757 and Greene & Schermer 1301 —6 th Avenue West Suite 400 Bradenton, FL 34205 Attn: Robert F. Greene, Esquire To the City: City of Clearwater 112 S. Osceola Avenue Clearwater, FL 33756 with copies to: Pam Akin, Esquire Clearwater City Attorney 112 S. Osceola Avenue Clearwater, FL 33756 2. Notices given by courier service or by hand delivery shall be effective upon delivery and notices given by mail shall be effective upon receipt. Refusal by any person to accept delivery of any notice delivered to the office at the address indicated above (or as it may be changed) shall be deemed to have been an effective delivery as provided in this Section 18.03. The addresses to which notices are to be sent may be changed from time to time by written notice delivered to the other parties and such notices shall be effective upon receipt. Until notice of change of address is received as to any particular party hereto, all other parties may rely upon the last address given. 18.04. Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance and enforcement of this Agreement. This Agreement has been negotiated by the City and the Developer and the Agreement, including, without limitation, Boat Dock Agreement Page 25 C:\Documents and Settings \wayne.wells \Local Settings \Temporary Internet Flles \OLK4 \City Boat Dock Agmt 9.doc 0 a the Exhibits, shall not be deemed to have been prepared bythe City orthe Developer, but by all equally. 18.05. Venue; Submission to Jurisdiction. For purposes of any suit action, or other proceeding arising out of or relating to this Agreement, the parties hereto do acknowledge, consent, and agree that venue thereof is Pinellas County, Florida. 2. Each party to this Agreement hereby submits to the jurisdiction of the State of Florida, Pinellas County and the courts thereof and to the jurisdiction of the United States District Court for the Middle District of Florida, for the purposes of any suit, action, or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts. 3. If at any time during the term of this Agreement the Developer is not a resident of the State of Florida or has no office, employee, City or general partner thereof available for service of process as a resident of the State of Florida, or if any permitted assignee thereof shall be a foreign corporation, partnership or other entity or shall have no officer, employee, agent, or general partner available for service of process in the State of Florida, the Developer hereby designates the Secretary of State, State of Florida, its agent for the service of process in any court action between it and the City, or both, arising out of or relating to this Agreement and such service shall be made as provided by the laws of the State of Florida for service upon a non - resident; provided, however, that at the time of service on the Florida Secretary of State, a copy of such service shall be delivered to the Developer at the address for notices as provided in 18.03. 18.06. Estoppel Certificates. The Developer and the City shall at any time and from time to time, upon not less than ten (10) days prior notice by another party hereto, execute, acknowledge and deliver to the other parties a statement in recordable form certifying that this Agreement has not been modified and is in full force and effect (or if there have been modifications that the said Agreement as modified is in full force and effect and setting forth a notation of such modifications), and that to the knowledge of such party, neither it nor any other party is then in default hereof (or if another party is then in default hereof, stating the nature and details of such default), it being intended that any such statement delivered pursuant to this Section 18.06 may be relied upon by any prospective purchaser, mortgagee, successor, assignee of any mortgage or assignee of the respective interest in the Boat Docking Facilities, if any, of any party made in accordance with the provisions of this Agreement. 18.07. Complete Agreement; Amendments. This Agreement, and all the terms and provisions contained herein, including without limitation the Exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements, whether written or oral. Boat Dock Agreement Page 26 C: \Documents and Settings \wayne.wellsLLOCaI Settings \Temporary Internet Files \OLK4 \C4 Boat Dock Agmt 9.tloc r • 2. Any provision of this Agreement shall be read and applied in para materia with all other provisions hereof. 3. This Agreement cannot be changed or revised except by written amendment signed by all parties hereto. 18.08. Captions. The article and section headings and captions of this Agreement and the table of contents preceding this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in anyway affect this Agreement or construe any article, section, subsection, paragraph or provision hereof. 18.09. Holidays. It is hereby agreed and declared that whenever a notice or performance under the terms of this Agreement is to be made or given on a Saturday or Sunday or on a legal holiday observed in the City, it shall be postponed to the next following business day. 18.10. Exhibits. Each Exhibit referred to and attached to this Agreement is an essential part of this Agreement. The Exhibits and any amendments or revisions thereto, even if not physically attached hereto shall be treated as if they are part of this Agreement. 18.11. No Brokers. The City and the Developer hereby represent, agree and acknowledge that no real estate broker or other person is entitled to claim or to be paid a commission as a result of the execution and delivery of this Agreement, including any of the Exhibits. 18.12. Not an Agent of City. During the term of this Agreement, the Developer hereunder shall not bean agent of the City with respect to any and all services to be performed by the Developer (and any of its agents, assigns, or successors) with respect to the Boat Docking Facilities. 18.13. Memorandum of Agreement. The City and the Developer agree to execute, in recordable form, at the request of either party, a short form "Memorandum of Agreement" and agree, authorize and hereby direct such Memorandum to be recorded in the public records of Pinellas County, Florida, as soon as possible after execution thereof. The Developer shall pay the cost of such recording. 18.14. Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills and is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a proper exercise of the City's power and authority. 18.15. No General Obligation. In no event shall any obligation of the City under this Agreement be or constitute a general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of the City or a general obligation or indebtedness of the City within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. Neither the Developer nor any other party under or beneficiary of this Agreement shall ever have the right to compel the exercise of the ad valorem taxing power of the City or any other governmental entity or taxation in any form on any real or personal property to pay the City's obligations or undertakings hereunder. 18.16. Other Requirements of State Law. Nothing in this Agreement shall be deemed to relieve either party from full compliance with any provision of State law which is applicable to any of the obligations or undertakings provided for in this Agreement. In the event that this Boat Dock Agreement Page 27 C: \Documents and Setgngs \wayne.wells \Local Settings \Temporary Internet Fi1es \0LK4 \City Boat Dock Agmt 9.tloc r • Agreement omits an obligation to comply with any provision of State law in regard to any of the obligations or undertakings provided for in this Agreement, it is the intention of the parties that such applicable State law shall be deemed incorporated into this Agreement and made a part thereof. In the event that there is any conflict between the provisions of this Agreement and applicable State law, it is the intention of the parties that the Agreement shall be construed to incorporate such provisions of State law and that such provisions shall control. 18.17. Technical Amendments; Survey Corrections. In the event that due to minor inaccuracies contained herein or any Exhibit attached hereto or any other agreement contemplated hereby, or due to changes resulting from technical matters arising during the term of this Agreement, the parties agree that amendments to this Agreement required due to such inaccuracies, unforeseen events or circumstances which do not change the substance of this Agreement may be made and incorporated herein. The City Manager is authorized to approve such technical amendments on behalf of the City, respectively, and is authorized to execute any required instruments, to make and incorporate such amendment to this Agreement or any Exhibit attached hereto or any other agreement contemplated hereby. 18.18. Term; Expiration; Certificate. If not earlier terminated as provided in Section 12.05, this Agreement shall expire and no longer be of any force and effect on the fifth (5'h) anniversary of the Lease Commencement Date. The City shall have the unilateral option to renew this Agreement for five (5) successive renewal terms of five (5) years each by written notice to Developer. The date of expiration of this Agreement is the "Expiration Date ". 2. If the City exercises all five (5) renewal options this Agreement shall expire on the date that is thirty (30) years after the Lease Commencement Date ( "Final Expiration Date ") and exclusive possession of the Boat Docking Facilities shall be relinquished by Developer to City together with ownership of all improvements within the Boat Docking Facilities (excluding the Slip Improvements) ( "Improvements "). At the request of the City, Developer shall execute and deliver to City a Bill of Sale as to all Improvements. In the event the City does not exercise one of the renewal options so that this Agreement expires prior to the Final Expiration Date, City agrees to pay to Developer an amount equal to the unamortized cost on the Expiration Date incurred by Developer in connection with the design, permitting and construction of all Improvements ( "Project Costs ") such unamortized Project Costs to be determined by amortizing the Project Costs on a straight line basis over the thirty (30) year period commencing on the Lease Commencement Date. Upon expiration ortermination of this Agreement, Developer may at its option and at its sole expense remove the Slip Improvements. Costs relating to the Slip Improvements shall not be considered part of the Project Costs. The total Project Costs to be amortized as provided above shall not exceed $1,200,000.00. 3. Upon completion of the term of this Agreement including all renewal terms exercised by City, all parties hereto shall execute the Agreement Expiration Certificate. The Agreement Expiration Certificate shall constitute (and it shall be so provided in the certificate) a conclusive determination of satisfactory completion of all obligations hereunder and the expiration of this Agreement. Boat Dock Agreement Page 28 C:\D000ments and Settings \wayne.wells\Local Settings \Temporary Internet Files \OLK4 \City Boat Dock Agmt 9.tloc 4. In the event of any dispute as to whether any party is required to execute the Agreement Expiration Certificate, the dispute shall be resolved by arbitration as provided in Article 14. 5. The Agreement Expiration Certificate shall be in such form as will enable it to be recorded in the public records of Pinellas County, Florida. Following execution byall of the parties hereto, the Agreement Expiration Certificate shall promptly be recorded by the Developer in the public records of Pinellas County, Florida and the Developer shall pay the cost of such recording. 18.19. Approvals Not Unreasonably Withheld. The parties hereto represent that it is their respective intent as of the Effective Date and do covenant and agree in the future that all approvals, consents, and reviews will be undertaken and completed as expeditiously as possible, in good faith, and will not be arbitrarily or unreasonably withheld, unless otherwise expressly authorized by the terms of this Agreement. 18.20 Severability. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 18.21. Effective Date. The Effective Date shall be the date of the last signature to this Agreement. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES FOLLOW Boat Dock Agreement Page 29 C: \Documents and Settings \wayne.wells \Local Settings \Temporary Internet Flles \OLK4 \Clly Boat Dock Agmt 9.tloc 0 IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of this day of , 2006. Attest: By: _ City Clerk Approved as to form and correctness: Esquire City Attorney STATE OF FLORIDA COUNTY OF PINELLAS THE CITY OF CLEARWATER, FLORIDA Mayor The foregoing instrument was acknowledged before me this day of , 2006, by and , Mayor and City Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City, who is ❑ personally known to me or ❑ has produced a Florida driver's license or ❑ as identification. NOTARY PUBLIC Printed Name: Commission No. My Commission expires: Boat Dock Agreement Page 30 C: \Documents and Settings \wayne.wells \Local Settings \Temporary Internet Fi1es \0LK4 \Ciy Boat Dock Agmt 9.doc 0 0 THE SANDPEARL RESORT, LLC, a Florida limited liability company By: CBR Communities I, Ltd., a Florida limited partnership Managing Member By: JMC Communities of Clearwater V, Inc. a Florida corporation, General Partner By: _ Name Title: STATE OF FLORIDA COUNTY OF PINELLAS J. Michael Cheezem CEO The foregoing instrument was acknowledged before me this day of , 2006, J. Michael Cheezem, as CEO of JMC Communities of Clearwater V, Inc., a Florida corporation, the General Partner of CBR Communities I, Ltd., a Florida limited partnership, the Managing Member of The Sandpearl Resort, LLC, a Florida limited liability company, who is ❑ personally known to me or ❑ has produced a Florida driver's license or ❑ as identification. Boat Dock Agreement Page 31 NOTARY PUBLIC Printed Name: Commission No. My Commission expires: CADocuments and Settings \wayne.wells \Local Servings \Temporary Internet Files\OLKAClty Boat Dock Agmt 9.doc Exhibit "A" Site Plan n r �� 0 = r � 1 R o g. -v I� .n, gA -lap l� Boat Dock Agreement Page 32 C:\D000ments and Settings \wayne.wells \Local Settings \Temporary Internet Files \OLK4 \City Boat Dock Agmt 9.doc F —�F n �.i� °— rrHo j n r �� 0 = r � 1 R o g. -v I� .n, gA -lap l� Boat Dock Agreement Page 32 C:\D000ments and Settings \wayne.wells \Local Settings \Temporary Internet Files \OLK4 \City Boat Dock Agmt 9.doc Ji F y ©. 2. . �� \y w "B" EXHIBIT . \ CITY . PROPERTY ..� LEGAL DESCRIPTION w EXHIBIT "C" MAINTENANCE STANDARDS DAILY: • Inspect Boat Docking Facilities • Enforce use restrictions • Respond to emergency conditions WEEKLY: • Trash removal (or more frequently as needed) • Lighting inspection and light bulb replacement • General maintenance inspection. Docking Facilities to be maintained in good condition and repair with all deteriorated or damaged materials and loose screws /nails replaced as needed. All repairs to be completed within ten (10) working days, however any repairs required for safe use of facilities shall be completed as soon as possible under the circumstances. QUARTERLY: • Thorough inspection of Docking Facilities with the City Harbor Master. All required repairs identified in quarterly inspection to be documented by written report and signed by a representative of Developer and City Harbor Master. All repairs to be completed in the time frame to be stated in the inspection report and Developer shall provide written certification upon completion. Boat Dock Agreement Page 34 C: \Documents and Settings \wayne.wells\LOCaI Settings \Temporary Internet Files \OLK41Cily Boat Dock Agmt 9.doc Wells, Wayne From: Wells, Wayne Sent: Friday, December 01, 2006 10:58 AM To: Delk, Michael Subject: RE: Sand Pearl /boat slips This would probably be a review question on a FLD case that would be asked, much as I am doing on a different dock request currently under DRC review. It would need to be. - - - -- Original Message---- - From: Delk, Michael Sent: Friday, December 01, 2006 9:49 AM To: Wells, Wayne Subject: FW: Sand Pearl /boat slips Wayne - Any thoughts on this? mld - - - -- Original Message---- - From: Akin, Pam Sent: Friday, December 01, 2006 9:46 AM To: Ed Armstrong (E- mail); Morris, William D.; Delk, Michael; Garriott, Kevin Cc: Brumback, Garry; Irwin, Rod Subject: Sand Pearl /boat slips While briefing the Mayor on the SandPearl /public Boatslips, he asked whether the slips would meet ADA requirements since they are not floating slips. Anyone know the answer to this? Pamela Akin, City Attorney 112 S. Osceola Ave Clearwater, Florida 33758 727 562 -4010 1 Wells, Wayne From: Delk, Michael Sent: Wednesday, November 29, 2006 1:54 PM To: Horne, William; Akin, Pam Cc: Irwin, Rod; Brumback, Garry; Morris, William D.; Wells, Wayne Subject: Boat Slips FYI. Wayne called the county about Sand Pearl marina. They too have a 25% rule - which can be varied - however they said they do have concerns. The individual Wayne talked to indicated that we had an application in to them and they thought that it had been approved by us. Their suggestion is that we pull back on the application for the time being pending our ultimate review and approval. EMS Wells, Wayne From: Delk, Michael Sent: Wednesday, November 29, 2006 1:54 PM To: Horne, William; Akin, Pam Cc: Irwin, Rod; Brumback, Garry; Morris, William D.; Wells, Wayne Subject: Boat Slips FYI. Wayne called the county about Sand Pearl marina. They too have a 25% rule - which can be varied - however they said they do have concerns. The individual Wayne talked to indicated that we had an application in to them and they thought that it had been approved by us. Their suggestion is that we pull back on the application for the time being pending our ultimate review and approval. mld Wells, Wayne From: Akin, Pam Sent: Wednesday, November 29, 2006 7:17 AM To: Delk, Michael; Horne, William Cc: Morris, William D.; Irwin, Rod; Brumback, Garry; Wells, Wayne Subject: RE: Boat Slips Pamela Akin, City Attorney 112 S. Osceola Ave Clearwater, Florida 33758 727 562 -4010 - - - -- Original Message---- - From: Delk, Michael Sent: Tuesday, November 28, 2006 5:28 PM To: Horne, William; Akin, Pam Cc: Morris, William D.; Irvin, Rod; Brumback, Garry; Wells, Wayne Subject: Boat Slips As a follow up to the earlier email, the CDB appears to be able to grant some variation to the 25% width to tie pole encroachment. However, there is some limiting criteria to any such discretion. In discussing this issue we also want to check County rules to make sure there aren't some additional limiting factors. We'll figure that out in the morning and advise. In any event, while we may be able to get beyond 25% there may be factors working against the extent of the docks into the waterway as suggested by the exhibit. Clearly, the lease document needs to reflect the caveat of review /approval after consideration of information which will only be know at such time as an application for development approval is made. [Akin, Pam] It does, it is contingent on regulatory approval Michael Delk, AICP Planning Director City of Clearwater, FL 727 - 562 -4561 myclearwater.com Wells, Wayne From: Delk, Michael Sent: Tuesday, November 28, 2006 5:28 PM To: Horne, William; Akin, Pam Cc: Morris, William D.; Irwin, Rod; Brumback, Garry; Wells, Wayne Subject: Boat Slips As a follow up to the earlier email, the CDB appears to be able to grant some variation to the 25% width to tie pole encroachment. However, there is some limiting criteria to any such discretion. In discussing this issue we also want to check County rules to make sure there aren't some additional limiting factors. We'll figure that out in the morning and advise. In any event, while we maybe able to get beyond 25% there maybe factors working against the extent of the docks into the waterway as suggested by the exhibit. Clearly, the lease document needs to reflect the caveat of review /approval after consideration of information which will only be know at such time as an application for development approval is made. Michael Delk, AICP Planning Director City of Clearwater, FL 727 - 562 -4561 myclearwater.com Page 1 of 2 Wells, Wayne From: Delk, Michael Sent: Wednesday, November 15, 2006 2:20 PM To: Wells, Wayne Subject: FW: Sandpearl /City Boat Dock Agreement Wayne - Dint' know if this was the version I sent. If so just delete. mld - - - -- Original Message---- - From: Akin, Pam Sent: Wednesday, November 15, 2006 11:25 AM To: Horne, William; Brumback, Garry; .Irwin, Rod; Morris, William D.; Simmons, Margie; Delk, Michael Cc: Dewitt, Gina; Goudeau, Cyndie Subject: FW: Sandpearl /City Boat Dock Agreement Michael, is there an approved site plan for this? All, in the absence of comments, I will get this moving through the agenda process for the December meeting. The Mayor would like individual briefings. Who will do that? Pamela Akin, City Attorney 112 S. Osceola Ave Clearwater, Florida 33758 727 562 -4010 - - - -- Original Message---- - From: Akin, Pam Sent: Thursday, November 09, 2006 1:42 PM To: Horne, William; Brumback, Garry; Irwin, Rod; Morris, William D.; Simmons, Margie; Delk, Michael Subject: FW: Sandpearl /City Boat Dock Agreement the latest draft Pamela Akin, City Attorney 112 5. Osceola Ave Clearwater, Florida 33758 727 562 -4010 - - - -- Original Message---- - From: Robert Greene [mailto:RGreene @gdslegal.com] Sent: Thursday, November 02, 2006 8:23 AM To: Akin, Pam Cc: ed @jpfirm.com; mcheezem @jmcdev.com; jhobach @jmcdev.com; lallen @jmcdev.com Subject: Sandpearl /City Boat Dock Agreement Pam, attached is a revised draft of the Boat Dock Agreement with redlined revisions discussed at'our meeting and a new exhibit with maintenance standards. John Hobach is to provide the Rube Clarson, P.E. report on the seawall to Bill Morris. Please review with the other City parties and advise if you have any comments. As discussed, we want to have this on the December agenda, if at all possible. 3/5/2007 ci �' "'� � • Page 2 of 2 M Robert F. Greene Greene & Schermer 1301 Sixth Avenue West Suite 400 Bradenton, Florida 34205 Phone: (941) 747 -3025 Fax: (941) 747 -6937 Email: rqreene(cr)gdslegal.com Notice: This email message and any attachment to this email message contain confidential information that may be legally priviledged. If you are not the intended recipient, you must not review, transmit, convert to hard copy, copy, use or disseminate this email or any attachments to it. If you have received this email in error, please notify the sender immediately by return email or by telphone at the above number and delete this message from your computer. Please note that if this email contains a forwarded message or is a reply to a prior message, some or all of the contents of the message or of the attachments to the message may not have been produced by Greene & Schermer. 3/5/2007 v4.. i Page 1 of 2 Wells, Wayne From: Delk, Michael Sent: Tuesday, November 14, 2006 9:27 AM To: Wells, Wayne Cc: Clayton, Gina Subject: FW: Sandpearl /City Boat Dock Agreement Wayne - FYI. - - - -- Original Message---- - From: Akin, Pam Sent: Thursday, November 09, 2006 1:42 PM To: Horne, William; Brumback, Garry; Irwin, Rod; Morris, William D.; Simmons, Margie; Delk, Michael Subject: FW: Sandpearl /City Boat Dock Agreement the latest draft Pamela Akin, City Attorney 112 S. Osceola Ave Clearwater, Florida 33758 727 562 -4010 - - - -- Original Message - - - -- From: Robert Greene [mailto:RGreene @gdslegal.com] Sent: Thursday, November 02, 2006 8:23 AM To: Akin, Pam Cc: ed @jpfirm.com; mcheezem @jmcdev.com; jhobach @jmcdev.com; lallen @jmcdev.com Subject: Sandpearl /City Boat Dock Agreement Pam, attached is a revised draft of the Boat Dock Agreement with redlined revisions discussed at our meeting and a new exhibit with maintenance standards. John Hobach is to provide the Rube Clarson, P.E. report on the seawall to Bill Morris. Please review with the other City parties and advise if you have any comments. As discussed, we want to have this on the December agenda, if at all possible. Bob Robert F. Greene Greene & Schermer 1301 Sixth Avenue -West Suite 400 Bradenton, Florida 34205 Phone: (941) 747 -3025 Fax: (941) 747 -6937 Email: rgreene @gdslegal.com Notice: This email message and any attachment to this email message contain confidential information that may be legally priviledged. If you are not the intended recipient, you must not review, transmit,. convert to hard copy, copy, use or disseminate this email or any attachments to it. If you have received this email in error, please notify the sender immediately by return email or by telphone at the above number and delete this message from your computer. Please note that if this email contains a forwarded message or is a reply to a prior message, some or all of the contents of the message or of the attachments to the message may not have been produced by Greene & Schermer. 11/14/2006 • AGREEMENT CJ DRAFT N9 1 This Agreement (the "Agreement ") is made as of this day of , 2006, by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City") and THE SANDPEARL RESORT, LLC, a Florida limited liability company (the "Developer"). WITNESSETH: WHEREAS, the City of Clearwater and Developer have entered into a Development Agreement for Property in the City of Clearwater dated January 26, 2005 (the "Development Agreement"); WHEREAS, Section 5.03.10 of the Development Agreement provides for the City and Developer to enter into an agreement providing for the construction of shared boat docking facilities (`Boat Dock Facilities") within a boat basin ( "Boat Basin') adjoining City owned upland property ("City Property"), which Boat Basin and Boat Docking Facilities are conceptually depicted on the attached Exhibit "A" ( "Site Plan "); WHEREAS, the construction and use of the Boat Docking Facilities will further the objectives of the City and facilitate the development by Developer of the mixed use resort Project, as provided in the Development Agreement; WHEREAS, at a duly called public meeting on ' 2006, the City Council approved this Agreement, and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the members of Developer have approved this Agreement and have authorized the undersigned individual to execute this Agreement on its behalf. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: ARTICLE 1. DEFINITIONS. 1.01. Definitions. The capitalized terms used in this Agreement that are not defined shall have the meanings given to such terms in the Development Agreement. 1.02. Use of Words and Phrases. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall include the plural as well as the singular number, and the word "person" shall include corporations and associations, limited liability corporations and partnerships, including public bodies, as well as natural persons. "Herein," " hereby," " hereunder," " hereof," "hereinbefore," "hereinafter" and other equivalent words refer to this Agreement and not solely to the particular portion thereof in which any such word is used. Boat Dock Agreement Page 1 0 0 1.03. Florida Statutes. All references herein to Florida Statutes are to Florida Statutes (2005), as amended from time to time. ARTICLE 2. PURPOSE AND DESCRIPTION OF BOAT DOCKING FACILITIES. 2.01. Finding of Public Purpose and Benefit. The proposed Boat Docking Facilities, including the design, construction, completion and use of the Boat Docking Facilities, is hereby found by the parties hereto: (1) to be consistent with and in furtherance of the objectives of the Comprehensive Plan of the City of Clearwater, (2) to conform to the provisions of Florida law, (3) to be in the best interests of the citizens of the City, (4) to further the purposes and objectives of the City, (5) to further the public interest on Clearwater Beach, and (6) to implement Beach by Design, including the creation of the new quality hotel resort to be constructed as a part of the Project. 2.02. Purpose of Agreement. The purpose of this Agreement is to further the implementation of Beach by Design by providing for the development of the Boat Docking Facilities, all to. enhance the quality of life, increase employment and improve the aesthetic and useful enjoyment of Clearwater Beach and the City, all in accordance with and in furtherance of the Comprehensive Plan of the City of Clearwater and as authorized by and in accordance with the provisions of Florida law. 2.03. Scope of the Project. 1. The Boat Docking Facilities are contemplated to include a central pier, finger piers and associated pilings as conceptually depicted on the attached Exhibit "A ", which will accommodate a maximum of 54 boat slips ("Boat Slips "). The Developer and its designated successors and assigns shall have the right to utilize exclusively 33 of the Boat Slips which are identified on the Site Plan ( "Developer Slips ") and the finger piers containing the Developer Slips ( "Developer Piers "). The City shall have the right to control the use of the central pier, the 21 remaining Boat Slips ( "City Slips ") and the finger piers containing the City Slips. The City shall have the right to utilize the City Slips during the term of this Agreement for day docking opJyor for any other purpose. The City Slips shall not be !eased by the Qty to any thffiFd party, nOF shall beats be peffnitted to stay evemi n any City Boats shall not be permitted to occupy the City Slips during the period each night between midnight and 5:00 a.m. except in an emergency or as.authorized by the City Harbor Master. The foregoing restriction on overnight use of the City Slips shall not be applicable to a fireboat or other boats operated by the City or other municipal or governmental entities for public purposes ( "Governmental Vessels "). 2. The Developer shall have the right to install gates or other access control improvements on the finger piers containing the Developer Slips and the right to install boat lifts in the Developer Slips ( "Slip Improvements "). 3. The Developer shall have the right, at its expense, to install water and electric lines serving the Developer Slips and the City shall cooperate as to extension and connection of such utilities. All utilities provided to the Developer Boat Slips shall be separately metered and Developer shall pay all utility connection and usage charges. Developer shall also provide lighting for the Boat Docking Facilities and pay all electric expenses as to such lighting. Utilities shall not be provided by Developer to the City Slips, provided, that at the request of the City, utilities (water and electric) shall be provided to City Slips to be used by Governmental Vessels and City shall reimburse Developer for additional expenses incurred by Developer as to such utilities.. Boat Dock Agreement Page 2 C Qocurnerxs and Settinas%wa "PMLocal SettinoslTemoonry Int met FleslOLKACity Boat Dock Ann# 9-8 red.d 4. Developer shall provide and pay for all maintenance and repair costs for the Boat Docking Facilities. Developer shall also provide, at its expense, for all required trash removal from the Boat Docking Facilities. All normal operating expenses incurred by Developer as to the Boat Docking Facilities including maintenance, repairs, insurance premiums and cost of trash removal excluding utilities provided to Developer Slips are collectively referred to as the Common Expenses. Developer shall comply with the minimum maintenance standards as provided in the attached Exhibit "C ". 5. Developer agrees that use of the Developer Boat Slips shall be limited to owners, tenants and guests (including Beach Club members) of the Project and other owners and tenants that own or lease residences within the geographical area bordered on the West by the Gulf of Mexico, on the East by Clearwater Bay, on the North by Rockaway Street and on the South by Papaya Street. Any sublease or assignment by Developer of rights to utilize Developer Boat Slips shall be limited to such owners, tenants and guests and all subleases or assignments shall expressly prohibit parking on the City Property during use of the Developer Boat Slips.. 6. During the term of this Agreement, Developer shall provide a shuttle service to the Boat Docking Facilities from the Project. Developer shall also provide at the Project an employee assigned to respond to problems at the Boat Docking Facilities on a 24 hour/ 7 day per week basis. Neither the City nor Developer shall have any obligation to provide on -site security at the Boat Docking Facilities. 2.04. Cooperation of the Parties. The City and the Developer recognize that the successful development of the Boat Docking Facilities and each component thereof is dependent upon the continued cooperation of the City and the Developer, and each agrees that it shall act in a reasonable manner hereunder, provide the other party with complete and updated information from time to time, with respect to the conditions such party is responsible for satisfying hereunder and make its good faith reasonable efforts to ensure that such cooperation is continuous, the purposes of this Agreement are carried out to the full extent contemplated hereby and the Boat Docking Facilities are designed, constructed, completed and used as provided herein. ARTICLE 3. REGULATORY PROCESS. 3.01 Development Approvals and Permits. Applications for Development Approval. The Developer. shall prepare and submit to the appropriate governmental authorities, including the City, applications for approval of all required permits ( "Permits "), and all plans and specifications ( "Plans and Specifications ") necessary for the Boat Docking Facilities, and shall bear all costs of preparing such applications, applying for and obtaining such approvals and permits, including payment of any and all applicable application, inspection, and regulatory fees or charges. The City shall, to the extent possible, expedite review of all applications. The failure of this Agreement to address a particular permit, condition, or term of restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 2. City Cooperation and Assistance. The City shall cooperate with the Developer in obtaining all necessary Permits required for the construction, completion and use of the Boat Docking Facilities. If requested by the Developer and authorized by law, the Boat Dock Agreement Page 3 C:1Doc=etns and Settpngslevakne �fffts ocal Settfn Wem m fntemet Fles10LK41City Boat Doek Amtd 9-8 red dmF—,VmAs?. daeNACdv -Beat i 0 0 City will join file or in the filing of any application for any Permit, or, alternatively, recommend to and urge any governmental authority that such Permit be issued or approved. 3. City Authority Preserved. The City's duties, obligations, or responsibilities under any section of this Agreement, specifically including, but not limited to, this Section 3.02, shall not affect the City's right, duty, obligation, authority and power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building regulations. Notwithstanding any other provision of this Agreement, any required permitting, licensing or other regulatory approvals by the City shall be subject to the established procedures and substantive requirements of the City with respect to review and permitting of a project of a similar or comparable nature, size and scope. In no event shall the City, due to any provision of this Agreement, be obligated to take any action concerning regulatory approvals except through its established procedures and in accordance with applicable provisions of law. 3.02. Concurrency. Concurrence Required. The parties hereto recognize and acknowledge that Florida law (specifically, Part II, Chapter 163, Florida Statutes, and Rule 9J -5, Florida Administrative Code, collectively the "Growth Management Act's imposes restrictions on development if adequate public improvements are not available concurrently with that development to absorb and handle the demand on public services caused by development. The City has created and implemented a system for monitoring the effects of development on public services within the City. The Developer recognizes and acknowledges it must satisfy the concurrency requirements of Florida law and the City's regulations as applied to the Boat Docking Facilities. 2. Reservation of Capacity. The City hereby agrees and acknowledges that as of the Effective Date of this Agreement, the Boat Docking Facilities satisfy the concurrency requirements of Florida law. The City agrees to reserve the required capacity to serve the Boat Docking Facilities for the Developer and to maintain such capacity for a period of three (3) years from the Effective Date of this Agreement and that such period shall be automatically extended for an additional three (3) years if the Developer commences construction within the initial three (3) year period. The City recognizes and acknowledges that the Developer will rely upon such reservation in proceeding with the Boat Docking Facilities. 3. Required Public Facilities. In addition to the obligations of the City and the Developer set out in Article 5 of this Agreement, the Water Utilities Department of the City will provide potable water service to the Boat Docking Facilities. ARTICLE 4. PLANS AND SPECIFICATIONS. 4.01. Plans and Specifications. Responsibility for Preparation of Plans and Specifications. The Developer shall be solely responsible for and shall pay the cost of preparing, submitting and obtaining approval of the Plans and Specifications for the Boat Docking Facilities. Boat Dock Agreement Page 4 C,19=amerfts and Settirm%y me we@stml Sekinos\Temoorary IrR_ertret F'es101K4 \Qty Boa[ Dock Aamt 9 8 red dacF 0 0 2. Use of Qualified Professionals. The Developer shall retain qualified professionals to prepare the Plans and Specifications and shall cause such professionals to prepare the Plans and Specifications. ARTICLE 5. DEVELOPMENT OF BOAT DOCKING FACILITIES. 5.01. Ownership of City Property. The City is the owner the City Property which is more particularly described in Exhibit °B" to this Agreement. 5.02. Boat Basin. The Boat Basin in which the Boat Docking Facilities are to be constructed adjoins the City Property, is located on submerged lands owned by the City of Clearwater, and is depicted on the Site Plan attached as Exhibit "A ". 5.03. Obligations of the City. Lease of Boat Basin. This Agreement shall constitute a lease to Developer of the portion of the Boat Basin on which the Developer Slips and associated finger piers will be located (the "Leased Premises ") together with the non - exclusive right to utilize the central pier and City Property for access to the Developer Slips. Developer shall pay City as rental for the Leased Premises, annual rental in the initial amount of $5,435.83 commencing on the date that the Boat Docking Facilities are completed and authorized for occupancy by the City ("Lease Commencement Date'. The annual rental shall be payable in arrears within ten (10) days after the first anniversary of the Lease Commencement Date and annually thereafter on or before each anniversary of the Lease Commencement Date. The annual rental shall be adjusted on the first day of each lease year in accordance with the annual increase in the consumer price index for urban wage earners and clerical wages for clerical workers for all items- U.S. City Average (cpi) published by the Bureau of Labor Statistics, United States Department of Labor (BLS), 1982 -84 -100. In the event the BLS shall cease to publish the CPI the City shall designate a comparable index for calculating increases in annual rental. The term of the lease shall be for the term of this Agreement as provided in Section 18.18 below. 2. Permits. The City will cooperate and coordinate with the Developer with regard to all Permit applications, including those to state agencies, and will facilitate or expedite, to the greatest extent possible, the permit approval process. 3. Timely Completion. The City recognizes the public importance of the timely completion of the proposed improvements, and time is deemed to be of the essence. The City considers this Agreement as overall authority for the Developer to proceed to permit, and agrees to implement a fast -track review, permitting, and inspection program for the Boat Docking Facilities. 4. City Share of Common Expenses. City shall pay to the Developer its proportionate share of Common Expenses relating to the Boat Docking Facilities based on a percentage determined by dividing the number of City Slips by the total number of Boat Slips in the Boat Docking Facilities ( "City's Share "). Developer shall invoice the City annually at the end of each lease year for City's Share of Common Expenses, such invoice to include an itemized statement of Common Expenses. Notwithstanding the foregoing, in no event shall City's Share of Common Expenses for any lease year exceed the amount of annual rental due from Developer to City. Boat Dock Agreement Page 5 C \DO rpts and SeWnas vmM w Is\Lo l SettFgslTemoorzry Interne[ Fier \OLK4 \Cdy Boat Dods Aamt 9-8 red doc�icr+cica Developer shall bear the full amount of City's Share of Common Expenses in excess of the annual rental amount due to City. ARTICLE 6. PROJECT FINANCING. 6.01. Assignment of Rights UnderAgreement To Project Lender. Developer may assign to the Project Lender all its right, title and interest under this Agreement as security for any indebtedness of Developer. The execution of any assignment, security agreement, or other instrument, or the foreclosure of the instruction or any sale under the instrument, either by judicial proceedings or by virtue of any power reserved in the mortgage or deed of trust, or conveyance in lieu of foreclosure by Developer to the holder of such indebtedness, or the existence of any right, power, or privilege reserved in any instrument, shall not be held as a violation of any of the terms or conditions of this Agreement, or as an assumption by the holder of such indebtedness personally of the obligations of this Agreement. No such assignment, foreclosure, conveyance or exercise of right shall relieve Developer from its liability under this Agreement. 6.02. Cooperation. The City and the Developer shall cooperate as to reasonable requests for assurances any proposed Project Lender for the purpose of implementing the mortgagee protection provisions contained in this Agreement and allowing the Project Lender reasonable means to protect or preserve the liens of such Project` Lender upon the occurrence of a default under the terms of this Agreement. ARTICLE 7. CONSTRUCTION OF PROJECT. 7.01. Site. The Developer shall be responsible for all site investigation and environmental testing. 7.02. Construction of Boat Docking Facilities. a. Commencement. Developer shall construct the Boat Docking Facilities substantially in accordance with the Plans and Specifications therefore approved by the City. The Boat Docking Facilities include certain improvements to the City Property /Boat Basin consisting of approximately 100 - 200 feet of new seawall cap as determined to be required by Rube Clarson, P.E.. Developer shall commence construction of the Boat Docking Facilities ( "Construction Commencement Date ") on or before one (1) year after receipt of all Permits, and expiration or resolution of all appeal /challenges thereto ( "Approval Effective Date "). b. For purposes of this Section 7.02, "commence construction" means commencement of meaningful physical development of the Boat Docking Facilities as authorized by the Permits therefor which is continued and diligently prosecuted toward completion of the Boat Docking Facilities. C. All obligations of Developer (including deadlines in the Construction Commencement Date) with respect to commencement and continuation of construction shall be subject to delays and extensions from time to time for Unavoidable Delay (see Article 15). Developer shall not be deemed to be in default of this Agreement to the extent construction of the Boat Docking Facilities, or a part thereof, is not complete by reason of Unavoidable Delay. Boat Dock Agreement Page 6 ,.. -.._ _..�.. __. �. ,, - -� ...•z —. „-... ,. r.._�, u__..�....�: n ,. .. -r- ... -- — . .. -. <r .�<. - > -�. 't-: -;... ��T- x^ ��'- -^.�3�':.c -�: c,.z�..��o 0 0 2. Pursuit of Construction. After the Construction Commencement Date, Developer shall continue, pursue and prosecute the construction of the Boat Docking Facilities with due diligence to completion, and shall not at any time actually or effectively have abandoned (or its Contractor having actually or effectively abandoned) the Boat Docking Facilities. For purposes of this subsection 7.02.2, "abandoned" means to have ceased any construction work which effectively advances the construction of the Boat Docking Facilities toward completion, including removing all or substantially all of the construction work force from the site of the Boat Docking Facilities for a period of not less than sixty (60) days. 3. Maintenance of Construction Site. During the construction of the Boat Docking Facilities, Developer shall, at its own expense, keep the Boat Docking Facilities and all adjoining City Property in reasonably good order and condition. 4. Construction Completion. Developer agrees to complete the Boat Docking Facilities on or before one (1) year after the Construction Commencement Date. 7.03. City Not in Privity. The City shall not be deemed to be in privity of contract with any Contractor or provider of services with respect to the construction of any part of the Boat Docking Facilities not constituting all or any part of public improvements. 7.04. Construction Sequencing and Staging Area. The Developer shall construct the Boat Docking Facilities in a manner and fashion which will minimize the inconvenience of the construction on the property owners of Clearwater Beach and the residents of the City and the use of the City Property. The City agrees to allow Developer to use portions of the City Property as designated by the City for construction staging during construction of the Boat Docking Facilities, without charge to the Developer, provided that such staging area does not unreasonably affect the continued use of the City Property as provided for in this Paragraph. ARTICLE 8. INDEMNIFICATION. 8.01. Indemnification by the Developer. 1. The Developer agrees to indemnify, defend and hold harmless, the City, its respective agents, officers, or employees from any and all liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees through appellate proceedings, for personal injury, bodily injury, death or property damage arising out of, or by reason of any act or omission of the Developer, its agents, employees or contractors arising out of, in connection with or by reason of, the performance of any and all services covered by this Agreement, or which are alleged to have arisen out of, in connection with or by reason of, the performance of any and all services covered by this Agreement. 2. The Developer shall indemnify, defend and hold harmless the City, its officers and employees from any and all liabilities, damages, costs, penalties, judgments, claims, demands, losses, or expenses (including, but not limited to, actual attorneys' fees and engineering fees) arising from or attributable to any breach by the Developer, as the case may be, of any representations or warranties contained in Section 9.01, or covenants contained in Section 9.02. Boat Dock Agreement Page 7 �i7^;•.,F^i Y". •. -• t^ L7�. Ste. 'rITC�'2 ^-fir ., �- `�I. d�.4r ^��.: �.'��": (f^ i:ti✓fM. r.�: —. "'rn �. R f...!.l!r. F.f:'.^T3i'_::G�,la., -,��1 _- t",.Ftv:2+�e� i • 3. The Developer's indemnity obligations under subsections (1) and (2) of this Section shall survive the earlier of the Termination Date or the Expiration Date, but shall apply only to occurrences, acts, or omissions that arise on or before the earlier of the Termination Date or the Expiration Date. 4. The Developer's indemnity hereunder is in addition to and not limited by any insurance policy and is not and shall not be interpreted as an insuring agreement between or among the parties to this Agreement, nor as a waiver of sovereign immunity for any party entitled to assert the defense of sovereign immunity. 8.02. Indemnification by the City. 1. To the extent permitted by law, the City agrees to indemnify, defend and hold harmless, the Developer, its respective officers, and employees from any and all liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees through appellate proceedings, for personal injury, bodily injury, death or property damage arising out of, or by reason of, any act or omission of the City, its respective agents or employees arising out of, in connection with or by reason of, the performance of any and all services covered by this Agreement, or which are alleged to have arisen out of, in connection with or by reason of, the performance of any and all services covered by this Agreement. 2. The City shall indemnify, defend and hold harmless the Developer, its officers and employees from any and all liabilities, damages, costs, penalties, judgments, claims, demands, losses, or expenses (including, but not limited to, actual attorneys' fees and engineering fees) arising from or attributable to any breach by the City, as the case may be, of any representations or warranties contained in Section 10.01, or covenants contained in Section 10.02. 3. The City's indemnity obligations under this Section 8.02 shall survive the earlier of the Termination Date or the Expiration Date, but shall only apply to occurrences, acts or omissions that arise on or before the earlier of the Termination Date or the Expiration Date. The City's indemnity hereunder is not and shall not be interpreted as an insuring agreement between or among the parties to this Agreement, but is in addition to and not limited by any insurance policy provided that said obligation shall not be greater than that permitted and shall be limited by the provisions of Section 768.28, Florida Statutes, or any successor statute thereto. 8.03. Limitation of Indemnification. Notwithstanding anything to the contrary contained herein, with respect to the indemnification obligations of the Developer (as set forth in Section 8.01) and the City (as set forth in Section 8.02), the following shall apply: 1. The indemnifying party shall not be responsible for damages that could have been, but were not, mitigated by the indemnified party; 2. The indemnifying party shall not be responsible for that portion of any damages caused by the negligent or willful acts or omissions of the indemnified party; and 3. There shall be no obligation to indemnify hereunder in the event that the indemnified party (1) shall have effected a settlement of any claim without the prior written consent of the indemnifying party, or (2) shall not have subrogated the indemnifying Boat Dock Agreement Page 8 C \DRW -1! _r &&-R %L2CzLattrg2 e� -rY-11&V -"- Fr. K4 528 Q2gk Ag" an nW 0 0 party to the indemnified party's rights against any third party by an assignment to the indemnifying party of any cause or action against such third party. ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE DEVELOPER. 9.01. Representations and Warranties. The Developer represents and warrants to the City that each of the following statements is currently true and accurate and agrees the City may rely upon each of the following statements: The Developer is a Florida Limited Liability Company duly organized and validly existing under the laws of the State of Florida, has all requisite power and authority to carry on its business as now conducted, to own or hold its properties and to enter into and perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party, is qualified to do business in the State of Florida, and has consented to service of process upon a designated agent for service of process in the State of Florida. 2. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the Developer is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the Developer, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof: (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the Developer, (iii) contravenes or results in any breach of, default under or, other than as contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of the Developer under any indenture, mortgage, deed of trust, bank loan or credit agreement, the Developer's Articles of Organization, or, any other agreement or instrument to which the Developer is a party or by which the Developer may be bound. 3. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the Developer is or will be a party constitutes, or when entered into will constitute, a legal, valid and binding obligation of the Developer enforceable against the Developer in accordance with the terms thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. 4. There are no pending or, to the knowledge of the Developer threatened actions or proceedings before any court or administrative agency against the Developer, or against any controlling shareholder, officer, employee or agent of the Developer which question the validity of this Agreement or any document contemplated hereunder, or which are likely in any case, or in the aggregate, to materially adversely affect the consummation of the transactions contemplated hereunder or the financial condition of the Developer. 5. The Developer has filed or caused to be filed all federal, state, local and foreign tax returns, if any, which were required to be filed by the Developer and has paid, or Boat Dock Agreement Page 9 caused to be paid, all taxes shown to be due and payable on such returns or on any assessments levied against the Developer. 6. All documentation, including that pertaining to the Boat Docking Facilities or the Developer, delivered by the Developer to the City was, on the date of delivery thereof, true and correct. 7. The principal place of business and principal executive offices of the Developer is in St. Petersburg, Florida, and the Developer will keep records concerning the Boat Docking Facilities (such as construction contracts, financing documents and corporate documents) and all contracts, licenses and similar rights relating thereto at an office in Pinellas County. 8. As of the Effective Date, the Developer will have the financial capability to carry out its obligations and responsibilities in connection with the development of the Boat Docking Facilities as contemplated by this Agreement. 9. The Developer has the experience, expertise, and capability to develop, cause the construction, and complete the Boat Docking Facilities and, oversee and manage the design, planning, construction, completion and use of the Boat Docking Facilities. 9.02. Covenants. The Developer covenants with the City that until the earlier of the Termination Date or the Expiration Date: 1. The Developer shall timely perform or cause to be performed all of the obligations contained herein which are the responsibility of the Developer to perform. 2. During each year that this Agreement and the obligations of the Developer under this Agreement shall be in effect, the Developer shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals and shall cause to occur those events contemplated by this Agreement that are applicable to, and that are the responsibility of, the Developer. 3. The Developer shall assist and cooperate with the City to accomplish the development of the Boat Docking Facilities by the Developer in accordance with the Plans and Specifications, and this Agreement, and will not violate any laws, ordinances, rules, regulations, orders, contracts or agreements that are or will be applicable thereto. 4. Subsequent to the Effective Date, the Developer shall maintain its financial capability to develop, construct and complete the Boat Docking Facilities and shall promptly notify the City of any event, condition, occurrence, or change in its financial condition which adversely affects, or with the passage of time is likely to adversely affect, the Developer's financial capability to successfully and completely develop, construct and complete the Boat Docking Facilities as contemplated hereby. 5. The Developer shall promptly cause to be filed when due all federal, state, local and foreign tax returns required to be filed by it, and shall promptly pay when due any tax required thereby. 6. Subject to Section 18.01, the Developer shall maintain its existence, will not dissolve or substantially dissolve all of its assets and will not consolidate with or merge into Boat Dock Agreement Page 10 Cpl ocurneTts and Settm emerMLOeal SetthmWe=cm IMemet ReslOLK41Cty Boat Dock Am" 9E red CocF— limclsaM�ea0.M 0 . 0 another corporation, limited partnership, or other entity or permit one or more other corporations or other entity to consolidate with or merge into it without the prior approval of the City unless the Developer or an entity under common control with Developer, retains a controlling interest in the consolidated or merged entity, and will promptly notify the City of any changes to the existence or form of the entity or any change in the control of the Developer. 7. Other than sales and assignments contemplated by this Agreement, the Developer shall not sell, lease, transfer or otherwise dispose of all or substantially all its assets without adequate consideration and will otherwise take no action which shall have the effect, singularly or in the aggregate, of rendering the Developer unable to continue to observe and perform the covenants, agreements, and conditions hereof and the performance of all other obligations required by this Agreement. 8. The Developer shall not permit, commit, or suffer any waste of the City Property, the Boat Basin or the Boat Docking Facilities. 9. Provided all conditions precedent thereto have been satisfied or waived as provided herein, the Developer shall design, construct and complete the Boat Docking Facilities such that it is substantially. complete as provided in this Agreement no later than the Completion Date. ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY. 10.01. Representations and Warranties. The City represents and warrants to the Developerthat each of the following statements is currently true and accurate and agrees that the Developer may rely on each of the following statements: 1. The City is a validly existing body corporate and politic of the State of Florida, has all requisite corporate power and authority to carry on its business as now conducted and to perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party. 2. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the City is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the City, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the City, (iii) contravenes or results in any breach of, or default under or, other than as contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of the City under any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions or, on the date of this Agreement, any other agreement or instrument to which the City is a party, specifically including any'covenants of any bonds, notes, or other forms of indebtedness of the City outstanding on the Effective Date. 3. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by Boat Dock Agreement Page 11 C: \DocumerR� and Settings \evavne we0s\Laal Settinas\Temoorary Internet Fles\OLK4 \City Boat Oock aartrc 9-8 red.doc : "m 0 0 this Agreement to which the City is or will be a party constitute, or when entered into will constitute, legal, valid and binding obligations of the City enforceable against the City in accordance with the terms thereof, except as such enforceability may be limited by public policy or applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. 10.02. Covenants. The City covenants with the Developer that until the earlier of the Termination Date or the Expiration Date: The City shall timely perform, or cause to be performed, all of the obligations contained herein which are the responsibility of the City to perform. 2. During each year that this Agreement and the obligations of the City under this Agreement shall be in effect, the City shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals, and shall cause to occur those events contemplated by this Agreement that are applicable to and are the responsibility of the City. 3. The City shall assist and cooperate with the Developer to accomplish the development of the Boat Docking Facilities in accordance with this Agreement and the Plans and Specifications, will cant' out its duties and responsibilities contemplated by this Agreement, and will not violate any laws, ordinances, rules, regulations, orders, contracts, or agreements that are or will be applicable thereto, and, to the extent permitted by law, the City will not enact or adopt or urge or encourage the adoption of any ordinances, resolutions, rules regulations or orders or approve or enter into any contracts or agreements, including issuing any bonds, notes, or other forms of indebtedness, that will result in any provision of this Agreement to be in violation thereof. 4. The City shall not permit, commit, or suffer any waste or impairment to the Boat Docking Facilities, nor shall the City alter the City Property, or any part thereof, so as to prevent or adversely affect the development and use of the Boat Docking Facilities. ARTICLE 11. CONDITIONS PRECEDENT. 11.01. Developer Obligations. Unless this Agreement has been terminated pursuant to Article 12 hereof, the obligation of the Developer to construct the Boat Docking Facilities is subject to the fulfillment to the satisfaction of, or waiver in writing by, the Developer of each of the following conditions precedent: 1. All conditions precedent under Article 11 of the Development Agreement have been satisfied or waived by Developer. 2. The Plans and Specifications required to commence construction of the Boat Docking Facilities shall have been approved by the City in accordance with applicable ordinances, land use regulations, building codes and other regulations of the City. 3. All Permits necessary for construction of the Boat Docking Facilities to commence shall have been issued and have become final and non - appealable. Boat Dock Agreement Page 12 0 0 11.02. Responsibilities of the Parties for Conditions Precedent. The parties hereto shall not, individually or collectively, knowingly, intentionally or negligently prevent any condition precedent from occurring; provided, however, nothing in this Section is intended or shall be deemed to deny any party the right to reasonably exercise its discretion to the extent permitted by law or this Agreement. ARTICLE 12. DEFAULT; TERMINATION. 12.01. Project Default by the Developer. There shall be an "event of default" by the Developer under this Agreement upon the occurrence of any one or more of the following: a. The Developer shall fail to perform or comply with any material provision of this Agreement applicable to it within the time prescribed therefor, after receipt of a notice from the City pursuant to Subsection 12.01.2.a.; or b. The Developer shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation or shall file an answer admitting, or shall fail reasonably to contest, the material allegations of a petition riled against it in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of the Developer or any material part of such entity's properties; or C. Within sixty (60) days after the commencement of any proceeding by or against the Developer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed or otherwise terminated, or if, within sixty (60) days after the appointment without the consent or acquiescence of the Developer of any trustee, receiver or liquidator of any of such entities or of any material part of any of such entity's properties, such appointment shall not have been vacated; or 2. a. If an event of default by the Developer described in subsection 1 above shall occur, the City shall provide written notice thereof to the Developer, and, if such event of default shall not be cured by the Developer within thirty (30) days after receipt of the written notice from the City specifying in reasonable detail the event of default by the Developer, or if such event of default is of such nature that it cannot be completely cured within such time period, then if the Developer shall not have commenced to cure such default within such thirty (30) day period and shall not diligently prosecute such cure to completion within such reasonable longer period of time as may be necessary (provided, however, if the Developer is proceeding diligently and in good faith, the curative period shall be extended for a period of not exceeding six (6) months without any approval or consent of the City being required, but such approval will be required if the curative period is to be extended beyond six Boat Dock Agreement Page 13 5' e. ��^^.,• S:!' a$ r»,' iw�+. 1C��5u�+ ��, �' �i�?�L��IT* i_ f��K4�!' �Qxk�^ �'��.e?2��'.,�`,��.�.ir'Icc��__ __— 0 0 (6) months) then, in addition to any remedy available under Section 12.05, the City may terminate this Agreement or pursue any and all legal or equitable remedies to which the City is entitled, provided, however, if the Developer shall fail to cure such event of default within said thirty (30) day or longer period or ceases to proceed diligently to timely cure such event of default, then the City may proceed to enforce other available remedies without providing any additional notice to the Developer. b. Any attempt by the City to pursue any of the above referenced remedies will not be deemed an exclusive election of remedy or waiver of the City's right to pursue any other remedy to which either may be entitled. C. Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any event of default hereunder if such event affects the Developer's or City's ability to perform by such deadline or the expiration of such period. 3. Subject to the rights of the Project Lender, if the City elects to cure a default under Subsection 12.01.1. by the Developer, construction contracts, contract documents, building permits, development permits, management agreements, and financial commitments (all only to the extent assignable) with respect to the Project shall, if such default has not been previously cured, on the day following receipt by the Developer of notice from the City of its election to cure, be deemed then assigned to the City making said election, without necessity of any other action being taken or not taken by any party hereto. The Developer shall transfer and deliver to the City upon making said election, all assignable Plans and Specifications, working drawings, construction contracts, contract documents and all Permits, and, at the direction of the City, the Developer shall vacate the Leased Premises. 12.02. Default by the City. Provided the Developer is not then in default under Section 12.01, there shall be an "event of default" by the City under this Agreement in the event the City shall fail to perform or comply with any material provision of this Agreement applicable to it; provided, however, that suspension of or delay in performance by the City during any period in which the Developer is in default of this Agreement as provided in Section 12.01 hereof will not constitute an event of default by the City under this Subsection 12.02. 2. a. If an event of default by the City described in Subsection 12.02.1. shall occur, the Developer shall provide written notice thereof to the City, and, after expiration of the curative period described in paragraph (b) below, may terminate this Agreement, institute an action to compel specific performance of the terms hereof by the City or pursue any and all legal or equitable remedies to which the Developer is entitled; provided, however, if the event of default by the City occurs, any monetary recovery by the Developer in any such action shall be limited to bona fide third -party out of- pocket costs and expenses, including reasonable attomeys' fees, incurred by the Developer in connection with this Agreement and the transactions contemplated hereby, unless any such default by the City was willful and committed in bad faith with reckless disregard for the rights of the Developer. Boat Dock Agreement Page 14 c �--s:s ». _ • . w: �� s. a �r.��v� -m < e' �o��u c^r °t a sa mss+ °.«' 0 0 b. The Developer may not terminate this Agreement or institute an action described in paragraph (2a) above if the City cures such event of default within thirty (30) days after receipt by the City of written notice from the Developer specifying in reasonable detail the event of default by the City, or.if any such event of default is of such nature that it cannot be completely cured within such period, then within such reasonably longer period of time as may be necessary to cure such default, provided however, if the City is proceeding diligently and in good faith, the curative period shall be extended for a period of not exceeding six (6) months without any approval or consent of the Developer being required, but such approval will be required if the curative period is to be extended beyond six (6) months after the notice of default has been given by the Developer to the City if the City has commenced to cure such default within such thirty (30) day period and is diligently prosecuting such curative action to completion. The City shall within said thirty (30) day period or such longer period promptly, diligently and in good faith proceed to cure such event of default after receipt of the notice from the Developer and shall succeed in curing such event of default within said period of time, provided, however, if the City shall fail to cure such event of default within said thirty (30) day or longer period or ceases to proceed diligently to timely cure such event of default, then the Developer may proceed with its available remedies without providing any additional notice to the City. C. Any attempt by the Developer to pursue any of the remedies referred to in paragraphs a. and b. above will not be deemed an exclusive election of remedy or waiver of the Developer's right to pursue any other remedy to which it might be entitled. d. Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any event of default hereunder if such event affects the Developer's or City's ability to perform by such deadline or the expiration of such period. 12.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the contrary, the specified rights and remedies to which either the City or the Developer are entitled under this Agreement are not exclusive and are intended to be in addition to any other remedies or means of redress to which the City or the Developer may lawfully be entitled and are not specifically prohibited by this Agreement. The suspension of, or delay in, the performance of its obligations by the Developer while the City shall at such time be in default of their obligations hereunder shall not be deemed to be an "event of default." The suspension of, or delay in, the performance of the obligations by the City while the Developer shall at such time be in default of its obligations hereunder shall not be deemed to be an "event of default" by the City. 12.04. Non - Action on Failure to Observe Provisions of this Agreement. The failure of the City or the Developer to promptly or continually insist upon strict performance of any term, covenant, condition or provision of this Agreement, or any Exhibit hereto, or any other agreement, instrument or document of whatever form or nature contemplated hereby shall not be deemed a waiver of any right or remedy that the City or the Developer may have, and shall not be deemed a waiver of a subsequent default or nonperformance of such term, covenant, condition or provision. 12.05. Termination Prior to Commencement of Project. Boat Dock !Agreement Page 15 C -•, ^- . -1 . wl �..... - r- w,....,„_. ".-.» 1..... -. F -0! Ow°c P� I D,...0-.- QA rMd e,sL.._..�,__.... <-v- 0 0 The Developer and the City acknowledge and agree that as of the Effective Date certain matters mutually agreed by the parties hereto to be essential to the successful development of the Boat Docking Facilities have not been satisfied or are subject to certain conditions, legal requirements or approvals beyond the control of any of the parties hereto or which cannot be definitely resolved under this Agreement, including, but not limited to, failure of a governmental authority to grant an approval required for development of the Boat Docking Facilities. In recognition of these events or conditions, the parties hereto mutually agree that, provided the appropriate or responsible party therefor diligently and in good faith seeks to the fullest extent of its capabilities to cause such event or condition to occur or be satisfied, the failure of the events or conditions listed in subsection 2. below to occur or be satisfied shall not constitute an event of default by any party under this Article 12, but may, upon the election of any party hereto, be the basis for a termination of this Agreement in accordance with this Section. 2. In addition to any other rights of termination provided elsewhere in this Agreement, prior to commencement of the Boat Docking Facilities, this Agreement may be terminated as provided in subsection 3. of this section by the City or the Developer after the occurrence of any of the following events or conditions (except for subsection b. , in which event only the Developer may terminate this Agreement pursuant to this subsection 2.): a. The appropriate governmental authority (including the City in exercise of its governmental and regulatory authority and responsibility), upon petition by the Developer denies or fails to: issue the Permits, or issue any other approval necessary to commence construction of the Boat Docking Facilities, provided the Developer has proceeded diligently, expeditiously and in good faith to obtain such Permits or other necessary actions; b. A previously unknown site condition is subsequently discovered and that condition prevents successful development of the Boat Docking Facilities. 3. Upon the occurrence of an event described in subsection 2. or in the event that the Developer or the City, after diligently and in good faith to the fullest extent its capabilities, is unable to cause a condition precedent to its respective obligations to occur or be satisfied, then the Developer or the City may elect to terminate this Agreement by giving a notice to the other party hereto within thirty (30) days of the occurrence of such event or the determination of inability to cause a condition precedent to occur or be satisfied, stating its election to terminate this Agreement as a result thereof, in which case this Agreement shall then terminate. 4. In the event of a termination pursuant to this Section 12.05, neitherthe Developer nor the City shall be obligated or liable one to the other in any way, financially or otherwise, for any claim or matter arising from or as a result of this Agreement or any actions taken by the Developer and the City, or any of them, hereunder or contemplated hereby, and each party shall be responsible for its own costs, however, the provisions of Sections 9.01 and 10.01 shall apply and shall survive termination of this Agreement, the provisions of this Subsection 12.05.4 to the contrary notwithstanding. 12.06. Termination Certificate. Boat Dock Agreement Page 16 c��•,. -.+�: Mfg»!•-^ �" �e^- .r•�5��'�L�xoc��mt.F,swliutr�, Leo- s�+ r�cn� .,�- t�.cnc��1`� °�?�- ?a_,c'Yt� �� - - - 1. In the event of a termination of this Agreement for any reason prior to the Expiration Date, each of the parties hereto do covenant and agree with each other to promptly execute a certificate prepared by the party electing to terminate this Agreement, which certificate shall expressly state that this Agreement has been terminated in accordance with its terms, is no longer of any force and effect except for those provisions hereof which expressly survive termination, that the rights, duties and obligations of the parties hereto have been terminated and released (subject to those surviving provisions hereof) and that the Boat Basin is no longer subject to any restrictions, limitations or encumbrances imposed by this Agreement. 2. The certificate described in Subsection 1. shall be prepared in a form suitable for recording and promptly after execution by all of the parties hereto shall be recorded in the public records of Pinellas County, Florida. ARTICLE 13. RIGHT TO CONTEST. 13.01. Right to Contest. Subject to the conditions set forth in Section 13.02 below, the City or the Developer each may, at its sole discretion and expense, after prior written notice to the other parties hereto, contest by appropriate action or proceeding conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any lien, any payment of any taxes, assessments, impact fees or other public charges of a similar nature that may from time to time be levied upon or assessed by any appropriate governmental authority against the City, the Developer, the Boat Docking Facilities (or any part thereof), the Boat Basin or personal property thereon, and the revenues generated from the use or operation of any or all of the above, any other payment specifically identified in this Agreement, or compliance with any law, rule, regulation, or other such legal requirement. 13.02. Conditions. The right to contest any charge, payment or requirement pursuant to Section 13.01 is subject to the following: 1. Such proceeding shall suspend the execution or enforcement of such charge, payment or requirement; 2. Such proceeding will not create any risk of impairment of the construction, completion, operation or use of the Boat Docking Facilities or any part thereof, in any material respect, and no portion of the Boat Docking Facilities would be subject to any risk of being involuntarily sold, forfeited or lost or the construction, equipping, or completion of the Boat Docking Facilities or any part thereof be delayed or prohibited; 3. Such proceeding will not subject any other party to criminal liability or risk of material civil liability for failure to comply therewith, or involve risk of any material claim against such party; and 4. The party seeking the benefit of this Article shall have furnished to the other parties such security, if any, as may be required in such proceeding or as may be reasonably requested by the others, to protect the Boat Docking Facilities and any part thereof, and any interest of such parties hereunder. ARTICLE 14. ARBITRATION Boat Dock Agreement Page 17 1-74 0 14.01. Agreement to Arbitrate.' Only as specifically provided in this Agreement and only if any judicial or administrative action or proceeding has not been commenced with regard to the same matter and, if so, the parry hereto commencing such action has not dismissed it, any disagreement or dispute between the parties may be arbitrated in the manner set forth in this Article 14. All parties hereby agree such arbitration, once commenced, shall be the exclusive procedure for resolving such disagreement or dispute and agree to be bound by the result of any such arbitration proceeding unless all parties mutually agree to terminate such proceeding prior to decision. If any arbitration proceeding under this park adversely affects the performance of any party hereunder, then any time periods provided herein for such performance by that party shall be tolled during the pendency of the arbitration proceeding affecting such performance. 14.02. Appointment of Arbitrators. a. Unless accelerated arbitration as provided in Section 14.08 hereof is invoked, any party invoking arbitration herewith shall, within five (5) days after giving notice of impasse in the dispute resolution process or upon following the expiration of the time period for such dispute resolution occurrence of the event permitting arbitration to be invoked, give written notice to that effect to the other parties, and shall in such notice appoint a disinterested person who is on the list of qualified arbitrators maintained by the American Arbitration Association or a disinterested person not on such list to whom an objection is not made by any other party hereto within five (5) days of receipt of the notice of such appointment as the arbitrator or, if more than one (1) arbitrator is to be appointed, as one of the arbitrators. b. Within ten (10) days after receipt of the notice described in paragraph (1), the other parties shall by written notice to the original party acknowledge that arbitration has been invoked as permitted by this Agreement, and shall either accept and approve the appointment of such individual set forth in the original notice as a sole arbitrator or shall appoint one (1) disinterested person per party of recognized competence in such field as an arbitrator. 2. a. If two (2) arbitrators are appointed pursuant to subsection a. above, the arbitrators thus appointed shall appoint a third disinterested person who is on the list of qualified arbitrators maintained by the American Arbitration Association, and such three (3) arbitrators shall as promptly as possible determine such matter. b. If the second arbitrator shall not have been appointed as provided in subsection a., the first arbitrator shall, after ten (10) days notice to the parties, proceed to determine such matter. C. If the two (2) arbitrators appointed by the parties pursuant to subsection a. shall be unable to agree within fifteen (15) days after the appointment of the second arbitrator upon the appointment of a third arbitrator, they shall give written notice of such failure to agree to the parties, and, if the parties then fail to agree upon the selection of such third arbitrator within fifteen (15) days thereafter, then within ten (10) days thereafter each of the parties upon written notice to the other parties hereto may request the appointment of a third arbitrator by the office in or for the State of Florida (or if more than one office, the office located closest to the City) of the American Arbitration Boat Dock Agreement Page 18 C: �Q4.am-+.aa^1S'��.'�4�'ii42tr� _S�eh y�7S•,•�rrrylc!er�_Fr •41QLK9��il'.5us tPa'� ARn s-e rea ancF� -z ' �M a +t o �t M.m�o o d d c-r„elc�� • 0 Association (or any successor organization thereto), or, in its absence, refusal, failure or inability to act, request such appointment of such arbitrator by the United States District Court for the Middle District of Florida (which request shall be filed in the division of that court responsible for the geographic area including the City), or as otherwise provided in Chapter 682, Florida Statutes, known and referred to as the Florida Arbitration Act, as amended. 14.03. General Procedures. In any arbitration proceeding under this part, those parties appointing arbitrators shall each be fully entitled to present evidence and argument to the sole arbitrator or panel of arbitrators. The arbitrator or panel of arbitrators shall only interpret and apply the terms of this Agreement and may not change any such terms, or deprive any party to this Agreement of any right or remedy expressed or implied in this Agreement, or award any damages or other compensation to any party hereto. The arbitration proceedings shall follow the rules and procedures of the American Arbitration Association (or any successor organization thereto) unless specifically modified by this Agreement, or as then agreed to by the parties hereto. 14.04. Majority Rule. In any arbitration proceeding under this part, the determination of the majority of the panel of arbitrators, or of the sole arbitrator if only one (1) arbitrator is used, shall be conclusive upon the parties and judgment upon the same may be entered in any court having jurisdiction thereof. The arbitrator or panel of arbitrators shall give written notice to the parties stating his or their determination within thirty (30) days after the conclusion of the hearing or final submission of all evidence or argument. 14.05. Replacement of Arbitrator. In the event of the failure, refusal or inability of any arbitrator to serve as such, promptly upon such determination being made by the affected arbitrator, the affected arbitrator shall give notice to the other two (2) arbitrators (if applicable) and to the parties hereto, and then a new arbitrator shall be promptly appointed as a replacement, which appointment shall be made by the party or the arbitrators who appointed the affected arbitrator in the same manner as provided for in the original appointment of the affected arbitrator in Section 14.02 hereof. 14.06. Decision of Arbitrators. 1. If any decision reached by arbitration as provided in this part requires performance by the Developer, the Developer covenants and agrees to comply with any decision of the arbitrator(s) promptly after the date of receipt by the Developer of such decision, and to continue such performance to completion with due diligence and in good faith. 2. If any such decision requires performance by the City, the City covenants and agrees to comply promptly with any decision reached by arbitrators) promptly after the date of receipt by the City of such decision, and to continue such performance to completion with due diligence and in good faith. 3. Nothing in this part, nor in any arbitration decision rendered under this part, shall be construed to require any payment by the City to the Developer not otherwise provided for herein. 14.07. Expense of Arbitration. The expenses of any arbitration proceeding pursuant to this part shall be bome equally by the parties to such proceeding, provided, however, for the purpose of this Section 14.07, "expenses" shall include the fees and expenses of the arbitrators and Boat Dock Agreement Page 19 C" ., v» , . Y V • s » . r 7 n F .. -0 01!� Y O,- D-� A-- . as 0 0 the American Arbitration Association with respect to such proceeding, but shall not include attorneys' fees or expert witness fees, or any costs incurred by attorneys or expert witnesses, unless (and to the extent) agreed to by the parties to such proceeding, which in the absence of such Agreement shall be the responsibility of the party incurring such fees or costs. 14.08. Accelerated Arbitration. 1. a. If any of the parties to any arbitration proceeding under this part determines the matter for arbitration should be decided on an expedited basis, then after an initial election to invoke arbitration pursuant to Section 14.02 hereof has been made, either party to such proceeding may invoke accelerated arbitration by giving notice thereof to the other parties no later than three (3) days after arbitration has been initially invoked and the other parties do not object within three (3) days thereafter. b. Accelerated arbitration, for purposes of this Section 14.08, shall be accomplished by either party notifying the American Arbitration Association (or any successor organization thereto) that the parties have agreed to a single arbitrator, qualified to decide the matter for arbitration, to be appointed by the American Arbitration Association (or any successor organization thereto) with the consent of the parties to such proceeding within three (3) days after receipt of the request and to decide such matter within five (5) days after such appointment. C. If an arbitrator is not so appointed with consent of the parties to the proceeding within three (3) days after the notice referred to in paragraph (2) is received by the American Arbitration Association, the accelerated proceeding under this Section 14.08 shall terminate and the procedures otherwise set forth in this Article 14 shall apply, unless the parties mutually agree to an extension of such time period. 2. The Developer and the City hereby agree to use such accelerated procedure only when reasonably necessary, to not contest the appointment of the arbitrator or his or her decision except as may be permitted by law, and that all other provisions of this part, except as are in conflict with this Section 14.08, remain in effect and applicable to an accelerated arbitration proceeding. 14.09. Applicable Law. To the extent not inconsistent with this article, any arbitration proceeding under this article shall be governed by the provisions of Chapter 682, Florida Statutes, as amended, known and referred to as the Florida Arbitration Code. 14.10. Arbitration Proceedings and Records. Any arbitration hearing under this article shall be considered a meeting subject to Section 286.011, Florida Statutes, and shall be open to any member of the public. Unless otherwise rendered confidential pursuant to or by the operation of any applicable law or order (other than an order by a sole arbitrator or panel of arbitrators acting under this part), the record of such proceedings shall be a public record under Chapter 119, Florida Statutes. Boat Dock Agreement Page 2 0 0 0 ARTICLE 15. UNAVOIDABLE DELAY. 15.01. Unavoidable Delay. 1. Any delay in performance of or inability to perform any obligation under this Agreement (other than an obligation to pay money) due to any event or condition described in paragraph (b) as an event of "Unavoidable Delay" shall be excused in the manner provided in this Section 15.01. 2. "Unavoidable Delay" means any of the following events or conditions or any combination thereof: acts of God, litigation which has the effect of precluding reasonable satisfaction of the obligations of this Agreement, acts of the public enemy, riot, insurrection, war, pestilence, archaeological excavations required by law, unavailability of materials after timely ordering of same, epidemics, quarantine restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and excessively inclement weather (as indicated by the records of the local weather bureau for a five -year period preceding the Effective Date), strikes or labor disturbances, delays due to proceedings under Chapters 73 and 74, Florida Statutes, restoration in connection with any of the foregoing or any other cause beyond the reasonable control of the party performing the obligation in question, including, without limitation, such causes as may arise from the act of the other party to this Agreement, or acts of any governmental authority (except that acts of the City shall not constitute an Unavoidable Delay with respect to performance by the City). 3. An application by any party hereto (referred to in this paragraph (c) and in paragraph (d) as the "Applicant ") for an extension of time pursuant to this subsection must be in writing, must set forth in detail the reasons and causes of delay, and must be filed with the other party to this Agreement within seven (7) days following the occurrence of the event or condition causing the Unavoidable Delay or seven (7) days following the Applicant becoming aware (or with the exercise of reasonable diligence should have become aware) of such occurrence. 4. The Applicant shall be entitled to an extension of time for an Unavoidable Delay only for the number of days of delay due solely to the occurrence of the event or condition causing such Unavoidable Delay and only to the extent that any such occurrence actually delays that party from proceeding with its rights, duties and obligations under this Agreement affected by such occurrence. ARTICLE 16. RESTRICTIONS ON USE. 16.01. Project. Prior to the earlier of the Termination Date or the Expiration Date, no use of the Boat Docking Facilities, other than as described in Section 2.03, shall be permitted, unless and until the Developer or the person, if other than the Developer, intending to so use the Boat Docking Facilities, shall file with the City a request for a release from the restriction imposed by this Section. The Governing Body of the City shall promptly consider such request and either deny the request, approve the request as filed, or approve the request subject to such terms, conditions and limitations as the City may reasonably require. Unless specifically requested and approved, a release of the restriction imposed by this Section shall not release the Developer from any obligations or restrictions imposed by this Agreement or any agreement, instrument or document contemplated hereby. Boat Dock Agreement Page 21 • ARTICLE 17. FIRE OR OTHER CASUALTY; CONDEMNATION. 17.01. Loss or Damage to Project. Until the Termination Date or the Expiration Date, and without regard to the extent or availability of any insurance proceeds, however, subject to any condition or limitations as set forth in the Permits, the Developer shall have the right to commence and complete the reconstruction or repair of any loss or damage caused by fire or other casualty or by eminent domain (provided the City is not the condemning authority) to each and every part of the Boat Docking Facilities substantially the same condition as existed prior to the occurrence of such loss or damage, promptly after the City approves the Plans and Specifications for such reconstruction or repairs. 2. The City shall review the Plans and Specifications for such reconstruction or repairs as soon as possible after filing thereof by the Developer. The City agrees to approve the Plans and Specifications for such reconstruction or repairs if the reconstruction or repairs contemplated by such Plans and Specifications will restore the Boat Docking Facilities, or the damaged portion thereof, to substantially the same condition as existed prior to the occurrence of such loss or damage and if such Plans and Specifications conform to the applicable laws, ordinances, codes, and regulations in effect at the time of filing with the City of the plans and specifications for such reconstruction or repairs. 3. If Developer elects not to reconstruct or repair the Boat Docking Facilities as provided herein, Developer shall promptly remove all improvements constituting the Boat Docking Facilities in compliance with the requirements of the City and the Permits. 17.02. Partial Loss or Damage to Project. Until the Termination Date or the Expiration Date, any loss or damage by fire or other casualty or exercise of eminent domain to the Boat Docking Facilities, or any portion thereof, which does not render the Boat Docking Facilities unusable for the use contemplated by Section 2.03 of this Agreement, shall not operate to terminate this Agreement or to relieve or discharge the Developer from the timely performance and fulfillment of the Developer's obligations pursuant to this Agreement, subject to an extension of time for an Unavoidable Delay. 17.03. Insurance Proceeds. Whenever the Boat Docking Facilities, or any part thereof, shall have been damaged or destroyed, the Developer shall promptly make proof of loss and shall proceed promptly to collect, or cause to be collected, all valid claims which may have arisen against insurers or others based upon such damage or destruction. Notwithstanding the foregoing, Developer shall not be obligated to obtain or provide casualty insurance as to the Boat Docking Facilities. 2. Subject to the rights of a Project Lender, the Developer agrees that all proceeds of property or casualty insurance received by the Developer as a result of such loss or damage shall be available and shall be used for payment of the costs of the reconstruction or repair of the Boat Docking Facilities to the extent necessary to repair or reconstruct the Boat Docking Facilities. Boat Dock Agreement Page 22 CAP": r' - r.y_ I f'— MLKgC'Y6o -t Dnth q..... " Md Mr.F'" 0 0 17.04. Notice of Loss or Damage to Boat Docking Facilities. The Developer shall promptly give the City written notice of any significant damage or destruction to the Boat Docking Facilities stating the date on which such damage or destruction occurred, the expectations of the Developer as to the effect of such damage or destruction on the use of the Boat Docking Facilities, and the proposed schedule, if any, for repair or reconstruction of the Boat Docking Facilities. 17.05. Condemnation of Boat Docking Facilities; Application of Proceeds. In the event that part, but not all, of the Boat Docking Facilities shall be taken by the exercise of the power of eminent domain at any time before the Expiration Date, subject to the rights of a Project Lender, the compensation awarded to and received by the Developer shall be applied first to the restoration of the Boat Docking Facilities, provided the Boat Docking Facilities can be restored and be commercially feasible for its intended use as contemplated by Section 2.03.1. of this Agreement after the taking, and, if not, can be retained by the Developer. ARTICLE 18. MISCELLANEOUS 18.01. Assignments. 1. By the Developer. a. The Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Boat Docking Facilities, or any part thereof, only with the prior written consent of the City, which consent is hereby granted for assignment to a party to which Developer's rights are assigned pursuant to the Development Agreement, provided that such party (hereinafter referred to as the "assignee "), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Boat Docking Facilities as is subject to such sale, conveyance, assignment or other disposition. b. If the assignee of the Developer's right, title, interest and obligations in and to the Boat Docking Facilities, or any part thereof assumes all of the Developer's obligations hereunder, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. C. An assignment of the Boat Docking Facilities, any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Section 18.01, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. Boat Dock Agreement Page 23 C'17an'- �-i'.s: -9 S.'•..rr;l.•�^�.r,e " - \Lxr1 S::?°-[_r,,1Tc:mnr� �;GC,-r� [',- ^1Q1.CdlC�' Bad? CaM: Avr". � rd,duc��'�^.L._ ate. ^_.:af? �sE�F�?^^' a{ r., ��R. 13rr�+ d^^ F' �' a^., Y_ �w3 `2a6!^ty- C °'!$2r��+t"�+c.'�se 0 d. No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any portion of the Boat Docking Facilities shall in any way be obligated or responsible for any of the Developer's obligations by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquirer has expressly assumed the Developer's obligations. e. Notwithstanding the foregoing, so long as this Agreement is in effect, Developer shall have the right to sublease or license the use of individual Developer Boat Slips to owners, tenants and guests within the Project without City's consent. 18.02. Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and its successors and assigns, except as may otherwise be specifically provided herein. 18.03. Notices. 1. All notices, demands, requests for approvals or other communications given by either party to another shall be in writing, and shall be sent by registered or certified mail, postage prepaid, return receipt requested or by courier service, or by hand delivery to the office for each party indicated below and addressed as follows: To the Developer: THE SANDPEARL RESORT, LLC 2201-4 th Street North Suite 200 St. Petersburg, FL 33704 Attn: J. Michael Cheezem with copies to: E.D. (Ed) Armstrong, III P.O. Box 1368 Clearwater, FL 33757 and Greene & Schermer 1301 — eh Avenue West Suite 400 Bradenton, FL 34205 Attn: Robert F. Greene, Esquire To the City: City of Clearwater 112 S. Osceola Avenue Clearwater, FL 33756 with copies to: Pam Akin, Esquire Clearwater City Attorney 112 S. Osceola Avenue Clearwater, FL 33756 2. Notices given by courier service or by hand delivery shall be effective upon delivery and notices given by mail shall be effective upon receipt. Refusal by any person to accept delivery of any notice delivered to the office at the address indicated above (or as it may be changed) shall be deemed to have been an effective delivery as provided in this Section 18.03. The addresses to which notices are to be sent may be changed from time to time by written notice delivered to the other parties and such Boat Dock Agreement Page 24 Ci:x.- ., r�S�'-. ru^ y„ �. r.`".l iocrlS� '.slTc^-�?r�!J:Y.'czr'ralQi C.GIQ�. �-"_fl_ Yf?.�;�rd.dms'1�r _ - �- ^ ?�.i4;. �+1'. - .??,< -•� .�!?�3s: ail? cF{- a�`.^<-.;! ��.. �5�?�- L'z ^_F@�S- D�'°.�:�- Za�A.dzW 0 0 notices shall be effective upon receipt. Until notice of change of address is received as to any particular party hereto, all other parties may rely upon the last address given. 18.04. Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance and enforcement of this Agreement. This Agreement has been negotiated by the City and the Developer and the Agreement, including, without limitation, the Exhibits, shall not be deemed to have been prepared by the City or the Developer, but by all equally. 18.05. Venue; Submission to Jurisdiction. For purposes of any suit action, or other proceeding arising out of or relating to this Agreement, the parties hereto do acknowledge, consent, and agree that venue thereof is Pinellas County, Florida. 2. Each party to this Agreement hereby submits to the jurisdiction of the State of Florida, Pinellas County and the courts thereof and to the jurisdiction of the United States District Court for the Middle District of Florida, for the purposes of any suit, action, or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts. 3. If at any time during the term of this Agreement the Developer is not a resident of the State of Florida or has no office, employee, City or general partner thereof available for service of process as a resident of the State of Florida, or if any permitted assignee thereof shall be a foreign corporation, partnership or other entity or shall have no officer, employee, agent, or general partner available for service of process in the State of Florida, the Developer hereby designates the Secretary of State, State of Florida, its agent for the service of process in any court action between it and the City, or both, arising out of or relating to this Agreement and such service shall be made as provided by the laws of the State of Florida for service upon a non - resident; provided, however, that at the time of service on the Florida Secretary of State, a copy of such service shall be delivered to the Developer at the address for notices as provided in 18.03. 18.06. Estoppel Certificates. The Developer and the City shall at any time and from time to time, upon not less than ten (10) days prior notice by another party hereto, execute, acknowledge and deliver to the other parties a statement in recordable form certifying that this Agreement has not been modified and is in full force and effect (or if there have been modifications that the said Agreement as modified is in full force and effect and setting forth a notation of such modifications), and that to the knowledge of such party, neither it nor any other party is then in default hereof (or if another party is then in default hereof, stating the nature and details of such default), it being intended that any such statement delivered pursuant to this Section 18.06 may be relied upon by any prospective purchaser, mortgagee, successor, assignee of any mortgage or assignee of the respective interest in the Boat Docking Facilities, if any, of any party made in accordance with the provisions of this Agreement. 18.07. Complete Agreement; Amendments. 1. This Agreement, and all the terms and provisions contained herein, including without limitation the Exhibits hereto, constitute the full and complete agreement between the Boat Dock Agreement Page 25 C .,? ......, r.°.1 "�`yl"" -,,. -r F•— .ALFAI�[ M°!.. - ATrt_&@ rtd 4arrs 0 0 parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements, whether written or oral. 2. Any provision of this Agreement shall be read and applied in pare materia with all other provisions hereof. 3. This Agreement cannot be changed or revised except by written amendment signed by all parties hereto. 18.08. Captions. The article and section headings and captions of this Agreement and the table of contents preceding this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in anyway affect this Agreement or construe any article, section, subsection, paragraph or provision hereof. 18.09. Holidays. It is hereby agreed and declared that whenever a notice or performance under the terms of this Agreement is to be made or given on a Saturday or Sunday or on a legal holiday observed in the City, it shall be postponed to the next following business day. 18.10. Exhibits. Each Exhibit referred to and attached to this Agreement is an essential part of this Agreement. The Exhibits and any amendments or revisions thereto, even if not physically attached hereto shall be treated as if they are part of this Agreement. 18.11. No Brokers. The City and the Developer hereby represent, agree and acknowledge that no real estate broker or other person is entitled to claim or to be paid a commission as a result of the execution and delivery of this Agreement, including any of the Exhibits. 18.12. Not an Agent of City. During the term of this Agreement, the Developer hereunder shall not be an agent of the City with respect to any and all services to be performed by the Developer (and any of its agents, assigns, or successors) with respect to the Boat Docking Facilities. 18.13. Memorandum of Agreement. The City and the Developer agree to execute, in recordable form, at the request of either party, a short form "Memorandum of Agreement" and agree, authorize and hereby direct such Memorandum to be recorded in the public records of Pinellas County, Florida, as soon as possible after execution thereof. The Developer shall pay the cost of such recording. 18.14. Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills and is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a proper exercise of the City's power and authority. 18.15. No General Obligation. In no event shall any obligation of the City under this Agreement be or constitute a general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of the City or a general obligation or indebtedness of the City within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. Neither the Developer nor any other party under or beneficiary of this Agreement shall ever have the right to compel the exercise of the ad valorem taxing power of the City or any other governmental entity or taxation in any form on any real or personal property to pay the City's obligations or undertakings hereunder. Boat Dock Agreement Page 26 0 0 18.16. Other Requirements of State Law. Nothing in this Agreement shall be deemed to relieve either party from full compliance with any provision of State law which is applicable to any of the obligations or undertakings provided for in this Agreement. In the event that this Agreement omits an obligation to comply with any provision of State law in regard to any of the obligations or undertakings provided for in this Agreement, it is the intention of the parties that such applicable State law shall be deemed incorporated into this Agreement and made a part thereof. In the event that there is any conflict between the provisions of this Agreement and applicable State law, it is the intention of the parties that the Agreement shall be construed to incorporate such provisions of State law and that such provisions shall control. 18.17. Technical Amendments; Survey Corrections. In the event that due to minor inaccuracies contained herein or any Exhibit attached hereto or any other agreement contemplated hereby, or due to changes resulting from technical matters arising during the term of this Agreement, the parties agree that amendments to this Agreement required due to such inaccuracies, unforeseen events or circumstances which do not change the substance of this Agreement may be made and incorporated herein. The City Manager is authorized to approve such technical amendments on behalf of the City, respectively, and is authorized to execute any required instruments, to make and incorporate such amendment to this Agreement or any Exhibit attached hereto or any other agreement contemplated hereby. 18.18. Term; Expiration; Certificate. If not earlier terminated as provided in Section 12.05, this Agreement shall expire and no longer be of any force and effect on the fifth (51h) anniversary of the Lease Commencement Date. The City shall have the unilateral option to renew this Agreement for seven +7-)five 5 successive renewal terms of five (5) years each by written notice to Developer. The date of expiration of this Agreement is the "Expiration Date ". 2, if the City exercises all sever�{7-)five 5 renewal options this Agreement shall expire on the date that is ferly (40)-thirty 30 years after the Lease Commencement Date ( "Final Expiration Date) and exclusive possession of the Boat Docking Facilities shall be relinquished by Developer to City together with ownership of all improvements within the Boat Docking Facilities (excluding the Slip Improvements) ( "Improvements "). At the request of the City, Developer shall execute and deliver to City a Bill of Sale as to all Improvements. In the event the City does not exercise one of the renewal options so that this Agreement expires prior to the Final Expiration Date, City agrees to pay to Developer an amount equal to the unamortized cost on the Expiration Date incurred by Developer in connection with the design, permitting and construction of all Improvements ( "Project Costs ") such unamortized Project Costs to be determined by amortizing the Project Costs on a straight line basis over the fear (40thi 30 year period commencing on the Lease Commencement Date. Upon expiration or termination of this Agreement, Developer may at its option and at its sole expense remove the Slip Improvements. Costs relating to the Slip Improvements shall not be considered part of the Project Costs. The total Project Costs to be amortized as provided above shall not exceed $1,200,000.00. 3. Upon completion of the term of this Agreement including all renewal terms exercised by City, all parties hereto shall execute the Agreement Expiration Certificate. The Agreement Expiration Certificate shall constitute (and it shall be so provided in the certificate) a conclusive determination of satisfactory completion of all obligations hereunder and the expiration of this Agreement. Boat Dock Agreement Page 27 C;lQ2am -•mss r"'7.S'K`^'�"nY^`.r!^ -u.oc -! S%�r+�sllTr�rrt�!� -m-t F'^�WLK46C�y &'!.Dtrk Art @8 red.do�"U`•,�'•'r�,•i�per�9a• �. ' • 4. In the event of any dispute as to Agreement Expiration Certificate, provided in Article 14. whether any party is required to execute the the dispute shall be resolved by arbitration as 5. The Agreement Expiration Certificate shall be in such form as will enable it to be recorded in the public records of Pinellas County, Florida. Following execution by all of the parties hereto, the Agreement Expiration Certificate shall promptly be recorded by the Developer in the public records of Pinellas County, Florida and the Developer shall pay the cost of such recording. 18.19. Approvals Not Unreasonably Withheld. The parties hereto represent that it is their respective intent as of the Effective Date and do covenant and agree in the future that all approvals, consents, and reviews will be undertaken and completed as expeditiously as possible, in good faith, and will not be arbitrarily or unreasonably withheld, unless otherwise expressly authorized by the terms of this Agreement. 18.20 Severability. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 18.21. Effective Date. The Effective Date shall be the date of the last signature to this Agreement. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES FOLLOW Boat Dock Agreement Page 28 C\Docomems and Settinas\i yne vdellslLowl Settino Temaor�ry Irdemet Ft es %OLKACdv Boat Dock Aarrd 9.8 red. • r: IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of this day of 12006. Attest: By: _ City Clerk Approved as to form and correctness: Esquire City Attomey STATE OF FLORIDA COUNTY OF PINELLAS THE CITY OF CLEARWATER, FLORIDA M Mayor The foregoing instrument was acknowledged before me this day of , 2006, by and , Mayor and City Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City, who is ❑ personally known to me or o has produced a Florida driver's license or o as identification. NOTARY PUBLIC Printed Name: Commission No. My Commission expires: Boat Dock Agreement Page 25 M—ents and Settinaslwavne we9slLocal Sr tinasWemoo —v Irdemet ReslOLKACM Boat Dock Aamt 9-8 red d 0 0 THE SANDPEARL RESORT, LLC, a Florida limited liability company By: CBR Communities I, Ltd., a Florida limited partnership Managing Member By: JMC Communities of Clearwater V, Inc. a Florida corporation, General Partner By: _, Name: Title: STATE OF FLORIDA COUNTY OF PINELLAS J. Michael Cheezem CEO The foregoing instrument was acknowledged before me this day of , 2006, J. Michael Cheezem, as CEO of JMC Communities of Clearwater V, Inc., a Florida corporation, the General Partner of CBR Communities I, Ltd., a Florida limited partnership, the Managing Member of The Sandpearl Resort, LLC, a Florida limited liability company, who is ❑ personally known to me or ❑ has produced a Florida driver's license or ❑ as identification. NOTARY PUBLIC Printed Name: Commission No. My Commission expires: Boat Dock Agreement Page 30 Ci \Docomerds and Settirwslwavne.weXS\Local SettkMlTemoomry fatemet Fles \0LK4\Cdv Boat Dock Aamt 9-8 red doc 4 " I Exhibit "A" Site Plan o :, ► �. 21 J / erg IHe O,..gam• .� -. � L.�" � ��: i 1 1 I.. - __ � ° . yO^p : b ` 1 ''mow � •� $ � _. Boat Dock Agreement Page 31 C.Vocumefts and Seftkm%w vm,werm%Lo I SefthmWenvamry tntemet FflesNOMACity Boat IF a s s- .%r V•► ^� • • 4 1 ° n N N�1 ` / o / erg IHe O,..gam• .� -. � L.�" � ��: i 1 1 I.. - __ � ° . yO^p : b ` 1 ''mow � •� $ � _. Boat Dock Agreement Page 31 C.Vocumefts and Seftkm%w vm,werm%Lo I SefthmWenvamry tntemet FflesNOMACity Boat i . r {' '� 6 J 1 'SI'F' Y � ✓' �' - _ � ,��FF t�+ .GYM t �Y •Y f 1 Y EXHIBIT «B, CITY,PROPERTY LEGAL DESCRIPTION R tp 41. 1� �1 ir. t "k �j N Y 4tifVry tc �`,t .N .v4,fp 4 n. Mµ BoatDock"Agreement Y j Page 32 s, n Q .. C1Documerds and Settfnos \wayne weWLocal Settinas\Temoomry Unmet Fles \OLK4\Cdv Boat Dock Aond &8 red do 0 EXHIBIT "C" MAINTENANCE STANDARDS DAILY: • Inspect Boat Docking Facilities . Enforce use restrictions • Respond to emergency conditions 0 WEEKLY: • Trash removal (or more frequently as needed) • Lighting inspection and light bulb replacement • General maintenance inspection. Docking Facilities to be maintained in good condition and repair with all deteriorated or damaged materials and loose screws /nails replaced as needed. All repairs to be completed within ten (10) working days, however. any repairs required for safe use of facilities shall be completed as soon as possible under the circumstances. QUARTERLY: • Thorough inspection of Docking Facilities with the City Harbor Master. All required repairs identified in quarterly inspection to be documented by written report and signed by a representative of Developer and City Harbor Master. All repairs to be completed in the time frame to be stated in the inspection report and Developer shall provide written certification upon completion. Boat Dock /Agreement Page 33 C: and SeWmWimm .weFs%Looal Setfinoff Irtemet F?esIOLKAUV Boat Dods Aqft 9-B red.dn - P.ilellas County Property App er Information: 05 29 15 00000 330 0 Page 2 of 6 05 / 29 / 15 / 00000 / 330 1 0100 02 -Jul -2007 Jim Smith, CFA Pinellas County Property Appraiser 18:05:02 Ownership. Information Non - Residential Property Address, Use, and Sales CLEARWATER,.CITY OF OBK: 00000 OPG: 0000 ATTN: CASH & INUESTMENTS MGR P 0 BOX 4748 CLEARWATER FL 33758 -4748 EVAC: A EUAC Comparable sales value as Prop Addr: 69 BAY ESPLANADE of Jan 1, 2006, based on Census Tract: 260.02 sales from 2004 - 2005: 0 Sale Date OR Book /Page Price (Qual /UnQ) Vac /Imp Plat Information 0 /0 0/ 0 0 t ) 0000: Book Pgs - 0 /0 01 0 0 ( ) 0000: Book Pgs - 0 /0 0/ 0 0 i ) 0000: Book Pgs - 0 /0 01 0 0 4 ) 2006 Value EXEMPTIONS Just /Market: 13,403,400 Homestead: NO Ownership % .000 Govt Exem: YES Use %: .000 Assessed /Cap: 13,403,40.0 Institutional Exem: NO Tax Exempt: .000 Historic Exem: 0 Taxable: 0 Agricultural: 0 2006 Tax Information District: Cu Seawall: Frontage: Clearwater View: 06 Millage: 21.7640 Land Size Unit Land Land Land Front x Depth Price Units 'Meth 06 Taxes: .00 1) 0 x 0 100. 00 185, 691. 2 S Special Tax .00 2) 0 x 0 .00 .00 3) 0 x 0 .00 .00 Without the Save -Our -Homes 4) 0 x 0 .00 .00 cap, 2006 taxes will be : 5) 0 x 0 .00 .00 .00 6) 0 x 0 .00 .00 Without any exemptions, 2006 taxes will be 291,711.60 Short Legal BEG AT HW CDR LOT 9 YACHT BASIN SUB RUN N'LY ALONG E Description R/W MANDALAY AUE 400 FT(S) TH E'LY ALONG S R/W Building Information http: // 136 .174.187.13 /htbin/cgi- scr3 ?o =1 &a =1 &b =l &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p= 05 +... 7/2/2007 Pinellas County Property Appoer Information: 05 29 15 00000 330 Of Property- and Land Use Code descriptions • Bu:ildin -_1 • Bu lding_2. Building #1 Page 3 of 6 05 29 / 15 / 00000 / 330 1 0100 :01 02 -Jul -2007 Jim Smith, CFA Pinellas County Property Appraiser 18:05:03 Commercial Card 01 of 2 Improvement Type: Recreational Property Address: 69 BAY ESPLANADE Prop Use: 413 Land Use: 89 S-truc�ural Ei�m�nts Foundation Special Footing Floor System Slab on Grade Exterior Wall Conc Block/Stucco Height Factor 0 Party Wall None Structural Frame None Roof Frame Steel Truss & Purlin Roof Cover Metal Shingle Cabinet & Mill Average Floor Finish Concrete Finish Interior Finish Drywall Total Units 0 Heating & Air Heating &Cooling Pckg Fixtures 22 Bath Tile Floor Only Area Electric Average Description Factor Shape Factor Rectangle 1) Quality Average 1.00 Year Built 11951 Effective Age 10 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub ArE3as Comm4Bricial E>c-tr. F�a turps Description Factor Area Units Description Factor Area 1) Base Area 1.00 7,980 7) . 00 0 2) Open Porch .30 312 8) .00 0 3) 1,720 .00 0 9) .00 0 4) 51200 .00 0 10) .00 0 5) 3 .00 0 11) .00 0 6) .00 .00 0 12) .00 0 Comm4Bricial E>c-tr. F�a turps Building #2 http: // 136 .174.187.131htbinlcgi- scr3 ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p= 05 +... 7/2/2007 Description Dimensions Price Units Value RCD Year 1) ASPHALT 1000SF 1.75 1,000 1,750 1,750 0 2) FENCE 330LF 8.00 330 2,640 1,720 1,994 3) FENCE 1040LF 5.00 1,040 51200 3,380 1,994 4) BBCOURT 3 7,500.00 3 22,500 10,350 1,980 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 17,200 Building #2 http: // 136 .174.187.131htbinlcgi- scr3 ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p= 05 +... 7/2/2007 W Pinellas County Property Appaer Information: 05 29 15 00000 330 06 Page 4 of 6 05 / 29 / 15 / 00000 / 330 1 0100 :02 02 -Jul -2007 Jim Smith, CFA Pinellas County Property Appraiser 18:05:03 Commercial Card 02 of 2 Improvement Type: Recreational Property Address: 51 BAY ESPLANADE Prop Use: 413 Land Use: 89 Structural E1oem+E3nts Foundation Continuous Footing Floor System Slab on Grade Exterior gall Cone Block /Stucco Height Factor 0 Party Wall Hone Structural Frame Hone Roof Frame Gable & Hip Roof Cover Metal Shingle Cabinet & Mill Average Floor Finish Concrete Finish Interior Finish Drywall Total Units 0 Heating & Air Heating &Cooling Pckg Fixtures 8 Bath Tile None Area Electric Average Description Factor Shape Factor Square 1) Quality Average 1.00 Year Built 21000 Effective Age 7 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub Areas C (Dmm c r c i a 1 E x t r a Fie at ur c s Description Factor Area Units Description Factor Area 1) Base Area 1.00 378 7) .00 0 2) Utility .55 1,485 8) .00 0 3) Open Porch .30 544 9) .00 0 4) 18,000 .00 0 10) .00 0 5) 3 .00 0 11) .00 0 6) .00 .00 0 12) .00 0 C (Dmm c r c i a 1 E x t r a Fie at ur c s Map With Property Address (non- vacant) F*_1 Fv* Ft EE Fq Fq http: // 136 .174.187.13 /htbin/cgi- scr3 ?o =1 &a =1 &b =l &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p= 05 +... 7/2/2007 Description Dimensions Price Units Value RCD Year 1) ASPHALT 22000 1.75 22,000 38,500 38,500 0 2) POOL 75,000.00 1 75,000 62,250 2,000 3) PATIO /DECK 3000 6.00 3,000 18,000 14,940 2,000 4) TENNISCT 1 25,000.00 3 75,000 62,250 2,000 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 177,940 Map With Property Address (non- vacant) F*_1 Fv* Ft EE Fq Fq http: // 136 .174.187.13 /htbin/cgi- scr3 ?o =1 &a =1 &b =l &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p= 05 +... 7/2/2007 Pincllas County Property App * r Information: 05 29 15 00000 330 0 Page 5 of 6 58 C, I c Z's %Nl TA AVE SPLAN SPL'. c Mki 57,9 JUAMIA WAY I I b "'/ E CYP L 5 BAY WAY coKAMUNiTY M"rV �SPLAHADE (j3 Uj CHIN` Z, y$'p'(jS-7 74 OIN60YTII rn cy$�461 w BA�( AVE AY C s , S-P L P'A A D E COW (D N -�l 'T s HB JA C S DPL N L E. A A PLANAD E sp 6 6 SPI D z ESPLANADE z ANADE 87 40 0 rn 64 566 BA'Y 0 F- LAN DE CL c- 11 E3,A Y FA"-( 1 15 4 810 1 SPLANADE�SP ANAD 54792 1 (SAY ESPLANADE) ,� ,� / Q 1 13 Ac �c) -01 011-5 (s) 69 EsPWB ,1ADE . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . 1/8 Mile Aerial Photograph (2002) N C, http:11136.174.187.131htbinlcgi-scr3?o=1 &a=1 &b=1 &c=1 &r--.16&s-4&t3=1&u=0 &p=05+... 7/2/2007 Pinellas County Property App *r Information: 05 29 15 00000 330 06 Page 6 of 6 Pinellas County Property Appraiser Parcel Information Back to Search Page An explanation of this screen http: // 136 .174.187.13 /htbinlcgi- scr3 ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p= 05 +... 7/2/2007 t CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, July 17, 2007, beginning at 1:00 PM, in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida, to consider the following requests: NOTE: All persons wishing to address an item need to be present at the BEGINNING of the meeting. Those cases that are not contested by the applicant, staff, neighboring property owners, etc. will be placed on a consent agenda and approved by a single vote at the beginning of the meeting. 1. Skiff Point of Clearwater, LLC.( Ryan Oliver, Delta Seven Inc) are requesting Flexible Development approval to permit a 15 -slip, 1,666 sq -ft. multi -use dock in conjunction with a 15- unit attached dwelling (condominium) development, under the provisions of Sec 3- 601.C.2. [Proposed Use: Multi -use dock of 1,666 sq. ft for 15 slips, in conjunction with a 15 -unit attached dwelling (condominium).] at 200 -201 Skiff Point, Island Estates of Clearwater Unit 5 -A Lots 35- 36. Assigned Planner: Wayne M. Wells, AICP, Planner 111. FLD2007 -05017 2. Opti Development, Inc (Mary S. Sullivan) are requesting Flexible Development approval to reduce the minimum lot size from 5,000 sq. ft. to 4,467 sq. ft in association with the creation of a new parcel for a detached dwelling (single - family residence) within the Low Medium Density Residential (LMDR) District as a Residential Infill Project, pursuant to Sec 2 -204.E of the Community Development Code. (Proposed Use: Detached Dwelling) at 804 -808 Ewing Ave, Mount Orange Revised Blk A, E 5Ft of Lot 30 & All of Lots 31 -34. Assigned Planner: Robert G. Tefft, Planner III. FLD2007 -03010 3. Housh Ghovaee (Doreen Williams, Northside Engineering Services, Inc.) are requesting Flexible Development approval to permit offices in the Commercial District with a reduction to the front (east along South Belcher Road) setback from 25 ft to zero ft (to existing pavement), reductions to the front (north along Rainbow Drive) setback from 25 ft to two ft (to existing pavement) and to 11 ft (to proposed pavement), reductions to the side (south) setback from 10 ft to seven ft (to existing building) and to zero ft .(to existing pavement and proposed dumpster enclosure), a reduction to required parking from 32 spaces to 28 spaces and a deviation to required stacking spaces at the driveways on Rainbow Dr., as a Comprehensive Infill Redevelopment Project, under the provisions of Sec. 2- 704.C, and a reduction to the perimeter buffer (east) along South Belcher Rd. from 15 ft to zero ft (to existing pavement), a reduction to the perimeter buffer (north) along Rainbow Dr from 10 ft to two ft (to existing pavement), a reduction to the perimeter buffer along the south property line from five ft to zero ft (to existing pavement), a reduction to foundation landscaping from five ft to four ft wide, as a Comprehensive Landscape Program, under the provisions of Sec. 3- 1202.G.(Proposed Use: Offices of 8,000 sq. ft) at 300 S. Belcher Rd., Short & Short Sub Lot 1. Assigned Planner: Wayne M. Wells, AICP, Planner Ill. FLD2007 -05014 4. City of Clearwater (E. D. Armstrong III, Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP) is requesting Flexible Development approval to permit in the submerged lands adjacent to the Clearwater Beach Recreation Center a 42 -slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) of 11,343 sq. ft with a deviation to allow the docks and tie poles to exceed the 25 percent of the width of the waterway and a reduction to required � f parking from 24 to zero spaces, under the provisions of Sec 2- 1502.A, 3- 601.C.3 and 3 -603. (Proposed Use: Docks of 39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) at 69 Bay Esplanade, Beg At NW Cor Lot 9 Yacht Basin Sub Run N'LY Along E R/W Mandalay Ave 400 Ft (S) Th ELY Along S R/W. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2007 -02003 5. TMJ of Pinellas County, Inc (Keith E. Zayac, P.E., RLA) is requesting Flexible Development approval to permit vehicle sales /display in the Commercial District with reductions to the front (east) setback from 25 ft to 15 ft (to pavement) and from 25 ft to 13.7 ft (to existing building), a reduction to the side (south) setback from 10 ft to 3.9 ft (to pavement), a reduction to the rear (west) setback from 20 ft to 3.5 ft (to pavement and existing building), a reduction to required parking from 35 spaces to 10 spaces, a deviation to allow vehicle sales /display contiguous to residentially -zoned property, a deviation to allow the display of vehicles for sale outdoors and a deviation to allow direct access to a major arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2- 704.C, and a reduction to the landscape buffer width along S Missouri Ave from 15 ft to 13.7 ft (to existing building), a reduction to the landscape buffer width along the south property line from five ft to 3.9 ft (to pavement), a reduction to the landscape buffer width along the west property line adjacent to single family dwellings from 12 ft to 5.9 ft (to pavement), a reduction to the landscape buffer width along the west property line adjacent to a nonresidential use from five ft to 3.5 ft (to pavement and existing building) and a reduction to the foundation landscaping adjacent to buildings from five ft to zero ft, as a Comprehensive Landscape Program, under the provisions of Sec. 3- 1202.G. (Proposed Use: Vehicle sales /display) at 1460 -1480 S. Missouri Ave., Duncan's A.H. Resub Part of Lots 11 -13 & Zephyr Hills Sub Lots 7 -10. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2007 -02006 6. Peter Pan Developments, LLC, Petrit Meroh, Panayiotis Vasiloudes, Epic Holdings South, LLC, and Somerset Place, Inc. (Sherry Bagley and/or Bill Woods, Woods Consulting). are requesting Flexible Development approval to construct a 4,062 sq. ft multi -use dock facility to provide 16 slips as an amenity to a proposed 16 unit attached dwelling (two buildings with eight dwelling units in each) in the Tourist (T) District with an increase to the length of the southern dock from 75 percent of the lot width (93.75 ft) to 111 percent of the lot width (139 ft) under the provisions of Sec. 3- 601.C.3. [Proposed Use: Multi -use dock of 4,062 square feet for 16 slips, in conjunction with a 16 -unit attached dwelling (condominium)] at 685, 689, 693 and 699 Bay Esplanade, Mandalay Unit No.5 Replat Blk 76 & 77, Lots 12 &13 & part of Lot 11. Assigned Planner: A. Scott Kurleman, Planner II. FLD2007 -03007 7 Nation Land Trust (Lenore Jacobs) is requesting to delete a condition of approval ( #5 on Development Order of June 20, 2003) requiring all signage to meet Code and be architecturally integrated into the design of the site and/or buildings, to implement Modification of Settlement Stipulation between City of Clearwater and Clear Channel Outdoor, Inc. in Case No. 93- 174 -CI- 21. (Proposed Use: vehicle sales and display in association with an existing auto sales use) at 19246 US Highway 19 N, N 70ft of S 610ft of W 275ft of E 375ft of NE1 /4 . Assigned Planner: Gina L. Clayton, Assistant Planning Director. FLD2003 -04020 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Sec 4 -206 states that party status shall be granted by the Board in quasi-judicial cases if the person requesting such status demonstrates that s /he is substantially affected. Party status entitles parties to personally testify, present evidence, argument and witnesses, cross - examine witnesses, appeal the decision and speak on reconsideration requests, and needs to be requested and obtained during the case discussion before the CDB. An oath will be administered swearing in all persons giving testimony in quasi-judicial public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons without party status speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the case presenter, at 562 -4567 to discuss any questions or concerns about the project and/or to better understand the proposal and review the site plan. Michael Delk Cynthia E. Goudeau, MMC Planning Director City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758 -4748 NOTE: Applicant or representative must be present at the hearing. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS AND LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REARING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562 -4093 WITH THEIR REQUEST. 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2511 LOOKRETIS, JOHN L LOOKRETIS, SOPHIE 29 AVALON ST CLEARWATER FL 33767 - KUNIS, SABINA KUNIS, NAUM 501 MANDALAY AVE # 801 CLEARWATER FL 33767 - 1712 LEBRON, GEORGE LEBRON, SONIA DUDZIAK 506 TAMARACK DR BARTLETT IL 60103 -1515 LIEBERMAN, LAWRENCE T LIEBERMAN, DEBORAH S 10 WILLOWOOD LN OLDSMAR FL 34677 - 2058 LOWE, JEFF LOW E, KATHY 700 DEER VUE LN 1602 FENTON MO 63026 - 3562 LYLE, JOHN F LYLE, NANCY S PMB 247 8905 KINGSTON PIKE # 12 KNOXVILLE TN 37923 - 5021 MACK, DAVID A REVOCABLE TRUST MACRE, DANIEL M MACK, DAVID A THE MACRE, ANNETTE 30 JELLIFF LN 505 MANDALAY AVE # 75 SOUTHPORT CT 06890 - 1482 CLEARWATER FL 33767 - 1718 MAGILL, ROBERT P 584 BAY ESPLANADE # 2 CLEARWATER FL 33767 - 1613 MAGRATH, JAMES P MAGRATH, CAROL A 2 PRITCHARD LN WESTPORT CT 06880 - 5633 MAJEWSKI, DENISE M TR MANION, JOSEPH M SCHNEIDER, CHRISTINE J MANION, JANINE M 43 LAKE ADALYN DR 10118 BENNINGTON DR SOUTH BARRINGTON IL 60010 - 9542 TAMPA FL 33626 - 2406 MAZAS LAND TRUST MC CARTHY, EUGENE REV TRUST MAZAS, BILL W THE 2505 ENTERPRISE RD 1600 GULF BLVD # 7117 CLEARWATER FL 33763 - 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1829 521 MANDALAY AVE # 302 CLEARWATER FL 33767 - 1797 CLEARWATER FL 33767 - 1793 ROTH, ELIZABETH W ROWLAND;--CLARENCE E ROYAL CAMELOT LLC 8826 NAUTILUS DR HORVATH, KLARA 5560 BATES ST TAMPA FL 33635 - 1339 11 SAN MARCO ST # 506 SEMINOLE FL 33772 - 7149 CLEARWATER FL 33767 - 2060 RUSULIS, ELAINE THE SALTZMAN, MURRAY SAMARKOS, ANTHONY M EST 31 ISLAND WAY # 602 SALTZMAN, BARBARA 106 MIDWAY IS CLEARWATER FL 33767 - 2206 1170 GULF BLVD # 306 CLEARWATER FL 33767 - 2780 CLEARWATER FL 33767 - 2313 SAND KEY CONSULTING LLC SANDOZ, DAVID C SAND KEY CONSULTING LLC BOBAK, WLADYSLAW SANDOZ, ANN L 1015 NORTH RIVER WALK E 180 DINAH RD 523 N OKLAHOMA AVE CHICAGO IL 60610 - 7398 MEDINAH IL 60157 - MORTON IL 61550 - 2373 SCHECHTER, JANIS ILENE SEIFERT, MICHAEL E SCHAPER, CHARLES F REVOCAB SEIFERT, NANCY S 580 BAY ESPLANADE 12103 MARBLEHEAD DR 5825 PERSIMMON DR CLEARWATER FL 33767 - 1609 TAMPA FL 33626 - 2505 MADISON WI 53711 - 5003 SHEAR, L DAVID SHEAR, MARILYN F SHEPPARD, KERILYN 401 E JACKSON ST STE 2700 2650 MCCORMICK DR STE 130 SHEPPARD, KRISTIN 328 SIX MILE RD TAMPA FL 33602 - 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DASH, LEON SR DAVIS, SARAH L 1555 LONG ST 1476 S MICHIGAN AVE CLEARWATER FL 33755 - 3529 CLEARWATER FL 33756 - 3234 DEHAAN, JAMES DI POLITO, DOREEN DEHAAN, DEBRA J 1453 S MARTIN LUTHER KING AVE 12550 FRANK DR N CLEARWATER FL 33756 - 3435 SEMINOLE FL 33776 - 1716 ESCOBAR, CAMILA C EVANS, BARNELL JR 3666 135TH AVE EVANS, DERINDA LARGO FL 33771 - 4035 1150 WOODLAWN ST CLEARWATER FL 33756 - 7111 FL DEPT OF TRANS FLUKES, MERCEDES 11201 N MCKINLEY DR 1158 WILDWOOD ST TAMPA FL 33612 - 6456 CLEARWATER FL 33756 - 2252 FORT, DENISE A FRITTS, CHARLES C 1155 QUEEN ST FRITTS, LOUISE O CLEARWATER FL 33756 - 3222 1221 WOODLAWN ST CLEARWATER FL 33756 - 2230 GALANOPOULOS, CASSANDRA M GEREAUX, PAMELA 1477 S JEFFERSON AVE 1176 QUEEN ST CLEARWATER FL 33756 - 2224 CLEARWATER FL 33756 - 3221 GILMORE, LENORA GLOVER, JAMES W 1409 PEARL ST 1164 WOODLAWN ST CLEARWATER FL 33756 - 2160 CLEARWATER FL 33756 - 7111 GOLDEN, NATHANIEL GOOD, F MARDELLE TRUST GOLDEN, VERA M 697 SUDDEN VALLEY 1127 HARVEYS LN B CLEARWATER FL 33756 - 2158 ELLINGHAM WA 98229 - 4815 GRAHAM, JOYCE GREEN, ROBERTA J 1451 S MADISON AVE 1133 HARVEYS LN CLEARWATER FL 33756 - 3217 CLEARWATER FL 33756 - 2158 H S W ASSOCIATES INC HADLEY, JEANETTE 5018 N CLARK AVE 1156 ALMA ST TAMPA FL 33614 - 6532 CLEARWATER FL 33756 - 2262 ff EAN, DARYL DEAN, BERNADETTE H 1409 S MISSOURI AVE CLEARWATER FL 33756 - 2248 DINDA, PAUL E JR TRUST DINDA, LOTTIE S TRUST 8 CAMDEN ST WEBSTAR SPRINGS WV 26288 - 1277 FIRST FED TRUST SERV INC THE DAVIS TRUST NO 1508 727 1/2 EDGEWATER DR ORLANDO FL 32804 - 6805 FORBES, NOEL G FORBES, ICELDA V 1149 QUEEN ST CLEARWATER FL 33756 - 3222 FUTURE VISION PROPERTIES 1457 S MISSOURI AVE CLEARWATER FL 33756 - 2281 GHOBRIAL, IBRAHIM KALDAS, SHAHINAZ 945 SUMMER BREEZE DR BRANDON FL 33511 - 7035 GOLDEN, FRANK E 1123 HARVEYS LN CLEARWATER FL 33756 - 2158 GORDON, RONALD B 1492 S MISSOURI AVE CLEARWATER FL 33756 - 3219 GROOVER, OLIVIA CASHER, KENNETH 1509 MADISON AVE S CLEARWATER FL 33756 - 2129 HANSEN, ERIC 600 KEENE RD DUNEDIN FL 34698 - 7409 HARDY, HERBERT N • 0 HARDY, LAN ITHA T HARRIS, AUGUSTUS HARTSELL, MIKE 1512 S JEFFERSON AVE 1412 HEAVEN SENT LN 1150 ALMA ST CLEARWATER FL 33756 - 2227 CLEARWATER FL 33755 - 2020 CLEARWATER FL 33756 - 2262 HATCHETT, PAULA HAYNES, INEZ HENSCHEN, ROBERT L HATCHETT, PEARLIE M 1411 S MADISON AVE 1474 S JEFFERSON AVE 1158 QUEEN ST CLEARWATER FL 33756 - 2245 CLEARWATER FL 33756 - 2225 CLEARWATER FL 33756 - 3221 HERSTEIN, DAVID HIPPS, EMMA L HOPE, CARLENE P 1454 S JEFFERSON AVE 1154 WILDWOOD ST 3314 HENDERSON BLVD STE 100 B CLEARWATER FL 33756 - 2225 CLEARWATER FL 33756 - 2252 TAMPA FL 33609 - 2999 HOPKINS, MARQUIS D HOWARD, FREDRICK J HOWE, BOBBY HOPKINS, TRACY L HOWARD, MALINDA E 6672 LIME AVE 241 WINDING WILLOW DR 1436 ROSETREE CT LONG BEACH CA 90805 - 1420 PALM HARBOR FL 34683 - 5832 CLEARWATER FL 33764 - 2833 HUGHES, ROBERT E SR THE HUNTER, RONNIE L i IPM HOLDINGS INC 1166 TRUST 2 -1 -99 HUNTER, MARY 1111 DR ML KING JR ST S 1813 CARLTON DR 421 NW 201 STAVE ST PETERSBURG FL 33705 - 2202 CLEARWATER FL 33759 - 1706 PMBK PINES FL 33029 - 3360 JACKSON, DENTON JENKINS, BERNICE D JONES, LEE R JACKSON, TOMASINA 1146 ALMA ST 5230 N RIDGE RD N 1150 WILDWOOD ST CLEARWATER FL 33756 - 2252 CLEARWATER FL 33756 - 2262 VALDOSTA GA 31605 - 6200 JORGENSEN, STEIN K P 23 ENTERPRISES INC KEITH E. ZAYAC, P.E., RLA 1489 S WASHINGTON AVE 1460 S MISSOURI AVE 701 SOUTH ENTERPRISE ROAD EAST CLEARWATER FL 33756 - 7117 CLEARWATER FL 33756 - 3219 SUITE 404 SAFETY HARBOR, FL 34695 KELLEY, WILLIE O KIRK, MARGARET C KIRKLAND, JEANETTE I KELLEY, BERTHA PO BOX 614 1150 QUEEN ST 1201 WEBB DR DUNEDIN FL 34697 - 0614 CLEARWATER FL 33756 - 3221 CLEARWATER FL 33755 - 3739 KOSLOWSKI, JAMES R LACKEY, RICHARD J 14 MI 60 S MISSOURI AVE KOSLOWSKI, JEANNETTE 26 LACKEY, JEAN E 14 9740 123RD WAY 9403 135TH ST SEMINOLE FL 33772 - 2041 CLEARWATER FL 33756 - 3219 SEMINOLE FL 33776 - 1432 LACKEY, RICHARD J LARGO AREA HOUSING DEV CORP LAWSON, INELL F LACKEY, JEAN E 2139 NE COACHMAN RD 1169 KINGSLEY ST 9403 135TH ST CLEARWATER FL 33765 - 2616 CLEARWATER FL 33756 - 6523 SEMINOLE FL 33776 - 1432 LEHMER, CONNIE S 1470 S JEFFERSON AVE CLEARWATER FL 33756 - 2225 LOPEZ, CARLOS 525 W VINE ST BARTOW FL 33830 - 5442 MC AFFEE, VIOLA MC AFFEE, VIOLET 1462 S MADISON AVE CLEARWATER FL 33756 - 3226 MC CRAY, EMMERSON MC CRAY, SUSIE 1132 HARRIS LN CLEARWATER FL 33756 - 2156 MC GEE, KYMBERLY 1127 HARRIS LN CLEARWATER FL 33756 - 7128 MERRICKS, ADONICA T 1146 WILDWOOD ST CLEARWATER FL 33756 - 2252 MILLS, JENNIFER 1216 BELLEVUE BLVD CLEARWATER FL 33756 - 2204 MISSOURI AVENUE LAND TRUST 1946 CHENANGO AVE CLEARWATER FL 33755 - 1407 MOUNT OLIVE AFRICAN METHODIST 600 JONES ST CLEARWATER FL 33755 - 4136 LINDEMANN, KATHLEEN 1467 S MISSOURI AVE CLEARWATER FL 33756 - 2281 MAGNIE, CLAUDIA MAGNIE, PAUL 1141 TAYLOR AVE DUNEDIN FL 34698 - 2118 MC ARTHUR, LILLIAN B 1151 WOODLAWN ST CLEARWATER FL 33756 - 7114 MC CRAY, MAURICE D MC CRAY, EMMERSON 1136 HARRIS LN CLEARWATER FL 33756 - 2156 MEGILL, TINA M MEGILL, RALPH G 1225 WOODLAWN ST CLEARWATER FL 33756 - 3209 MIDWAY INVESTMENT ENTERPRISES 1417 S MISSOURI AVE CLEARWATER FL 33756 - 2248 MILNER, CHARLES E MILNER, ELIZABETH S 23426 CHERBOURG LOOP LAND O LAKES FL 34639 - 4207 MITCHELL, MARLON D MITCHELL, IZELLA 1159 ALMA ST CLEARWATER FL 33756 - 2262 MT OLIVE MISSIONARY BAPTIST CH 1131 HARVEYS LN CLEARWATER FL 33756 - 2158 40ONGWORTH, GWENDOLYN MARIE LONGWORTH, ALBERT III 1455 S MADISON AVE CLEARWATER FL 33756 - 3217 MALKI, SAMEER G 1199 N MISSOURI AVE LARGO FL 33770 -1815 MC. CRAW, JAMES W 700 ISLAND WAY APT 103 CLEARWATER FL 33767 - 1813 MC FADDEN, MILDRED 1485 S WASHINGTON AVE CLEARWATER FL 33756 - 7117 MENARD, ROLAND E MENARD, GERALDINE P 1220 WOODLAWN ST CLEARWATER FL 33756 - 2231 MILLER, MELVIN 1460 S JEFFERSON AVE CLEARWATER FL 33756 - 2225 MINZO LC 702 HARBOR IS CLEARWATER FL 33767 - 1804 MORRIS, MELVIN R 1136 QUEEN ST CLEARWATER FL 33756 - 2193 NASCARELLA, PETER NASCARELLA, KELLY L 240 PALM ISLAND SW CLEARWATER FL 33767 - 1940 ODUMS; SIDNEY E PERRY, ROBERT L JR PHILBECK, THOMAS E ODUMS, MATTIE J 1220 BELLEVUE BLVD PHILBECK, MARGARET R 1420 S MADISON AVE CLEARWATER FL 33756 - 2204 1466 S JEFFERSON AVE CLEARWATER FL 33756 - 2246 CLEARWATER FL 33756 - 2225 PLECKER, MAC THE 3340 GULF BREEZE TER PALM HARBOR FL 34684 - 1510 PUZZANGHERA, PAUL PUZZANGHERA,ROSEANNA 1833 N KEENE RD CLEARWATER FL 33755 - 2314 SALVATION ARMY 5885 66TH ST N ST PETERSBURG FL 33709 - 1597 SCILEX, EDGAR L SCILEX, LAUREL A 1481 S JEFFERSON AVE CLEARWATER FL 33756 - 2224 SHEVCHIK, MARK SHEVCHIK, TAMARA 1409 S MADISON AVE CLEARWATER FL 33756 - 2245 SOTO, ALICE M FELICIANO, ANTONIO S 1224 BELLEVUE BLVD CLEARWATER FL 33756 - 2204 STEVENS,KATHLEEN STEVENS, KEITH 1461 S JEFFERSON AVE CLEARWATER FL 33756 - 2224 TOURANGEAU, MONA LISA 1159 QUEEN ST CLEARWATER FL 33756 - 3222 WALLACE, GORDON E WALLACE, LOIS M 1146 WOODLAWN ST CLEARWATER FL 33756 - 7111 WILLIAMS, LISA L 1412 S MADISON AVE CLEARWATER FL 33756 - 2246 • PONDS, CHERYL L 1481 S MADISON AVE CLEARWATER FL 33756 - 3218 4) PORTILLO, JESUS A 1479 S MICHIGAN AVE CLEARWATER FL 33756 - 2247 RESOLUTION, PROP TRUST INC THE ROETH, CAROLYN TRUST NO 1496 1491 S MICHIGAN AVE 4708 GRAINARY AVE CLEARWATER FL 33756 - 2247 TAMPA FL 33624 - 2106 SANDERS, EVELYN SCHUPBACH, ROBERT D 1154 WOODLAWN ST SCHUPBACH, MARILYN J CLEARWATER FL 33756 - 7111 15 N SATURN AVE CLEARWATER FL 33755 - 6230 SHAFER, JAMIE SHEALEY, LARRY W 1471 S JEFFERSON AVE SHEALEY, VALDOSTON CLEARWATER FL 33756 - 2224 8716 MARINER DR RALEIGH NC 27615 - 2604 SMITH, PHILLIP SMITH, RONALD E SMITH, ETHER 957 WEATHERSFIELD DR 1477 S WASHINGTON AVE DUNEDIN FL 34698 - 6432 CLEARWATER FL 33756 - 7117 SOUTH CLEARWATER CITIZENS ST JAMES A M E CHURCH FOR PROGRESS DUKE TIEMAN 1436 S MADISON AVE 1120 KINGSLEY STREET CLEARWATER FL 33756 - 3238 CLEARWATER, FL 33756 SWINTON, WILLIE J TAYLOR, PATRICIA A SWINTON, JANIE M 1486 JEFFERSON AVE S 1482 S WASHINGTON AVE CLEARWATER FL 33756 - 2225 CLEARWATER FL 33756 - 2144 TROTTER, THOMAS W VAZQUEZ, JUAN THE TROTTER, EMMA JO PO BOX 8598 1475 S JEFFERSON AVE CLEARWATER FL 33758 - 8598 CLEARWATER FL 33756 - 2224 WILLIAMS, ANNIE L WILLIAMS, JUANITA 1153 WILDWOOD ST WILLIAMS, LARRY A CLEARWATER FL 33756 - 2252 1440 S MADISON AVE CLEARWATER FL 33756 - 3216 WINGFIELD, CHARLIE H WULFORST, LISA 1493 S MADISON AVE 1465 JEFFERSON AVE S CLEARWATER FL 33756 - 3218 CLEARWATER FL 33756 - 2224 WYMAN, DOROTHY J 1149 WILDWOOD ST CLEARWATER FL 33756 - 2252 � v C�r-- 71C Clearwater City Charter 1999 authorized only after a properly advertised public hearing before the commission and approval at referendum. 5. Real property. (i) Prior to the sale, donation, lease for a term, . longer than five years, or other transfer of any municipal real property,. the,rleal property must be declared surplus;arnd no- longer needed for municipal public Use the commission at an advertised public by hearing. Except in the case of right -of- -way dedications, the granting of easements, or transactions with governmental entities as described herein, no reaii property may be given away or donated without prior approval at referendum. Except as otherwise provided herein, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the commission and whose proposed use of the property is in accordance with the commission's stated purpose for declaring the property surplus, if any. Surplus real property may be transferred to another governmental entity for less than the appraised value after an advertised public hearing has been held and a finding by the (iv) commission of a valid public purpose for the transfer. Surplus real property may be exchanged for other reall (v) property having a comparable appraised value. No municipally owned real property identified as recreation /open space on the City's comprehensive land use plan znap on t: November 16, 1998 (or as may be amended thereafter), may be - donated, leased for a new use, or otherwise transferred without prior approval at referendum, except when the commission determines it appropriate to dedicate right -of -way from such property. Such recreation /open space property may be leased for an existing (vi) use, without referendum, unless such lease is otherwise prohibited by charter or ordinance. No right -of -way or easement which terminates at, or prFovides access to, the water's edge of a body of fresh or salt water may be vacated for private benefit. Nothing contained in this section shall prevent an easement for utility purposes from being exchanged for a new easement for similar purposes or- from converting a fee interest for utility purposes into an easement fnr ci i�h ni irnneac Delta 5cv&,. General Environmental Consulting TM PO Box 3241 Ph: 727 - 823 -2443 Delta- Seven @Delta - Seven.com St. Petersburg, F133731 Fx: 727 - 550 -2513 www.Delta- Seven.com October 8, 2008 City of Clearwater Planning Department C/O Wayne Wells 100 S. Myrtle Avenue Clearwater, Florida 33756 RE: Clearwater Recreation Center Docking Facility -- 69 Bay Esplanade Dear Wayne: ORIGINAL RECEIVE[ nC"T 0 PLANNING DEPARTMENT CITY OF CLEARWATER Please find enclosed copies of the Pinellas County permit placard, the submitted county application, and all subsequent amendments associated with the Clearwater Recreation Center docking facility. Per your request we are providing these documents for the City's records. Should you have any questions, or need additional information, please call 727- 823 -2443. Delta Seven, Inc. PINELLAS COUNTY WATER & NAVIGATION CONTROL AUTHORITY 315 COURT STREET, CLEARWATER, FLORIDA 33756 ISSUED TO: HOMEOWNER FOR CITY OF CLEARWATER CONSTRUCTION SITE: 69 BAY ESPLANADE, CLEARWATER, FL 33756 DESCRIPTION: 05- 29 -15- 00000 - 330 -0100 Permit is valid for 3 years TO REPORT START DATE AND COMPLETION DATE, CALL: (727) 464 -3770 PERMIT NO. CC37445=06 1. PERMITS MAY ALSO BE REQUIRED FROM THE FOLLOWING AGENCIES: FL D.E.P & U.S. ARMY C.O.E. 2. THE WATERS OF PINELLAS COUNTY ARE LOCATED WITHIN THE PINELLAS COUNTY & BOCA CIEGA BAY AQUATIC PRESERVE. SPECIAL REGULATIONS EXIST THAT GOVERN THE CONSTRUC- TION WITHIN AN AQUATIC PRESERVE. PLEASE CONTACT THE FL D.E.P. 3. THIS PERMIT IS VALID FOR A DOCK STRUCTURE ONLY ELECTRICAL & WATER /SEWER INSTALLATIONS WILL REQUIRE SEPARATE PERMITS FROM THE APPROPRIATE (Municipal or County) BUILDING DEPARTMENT. 4. THIS PERMIT IS SUBJECT TO A 30 DAY APPEAL PERIOD FROM DATE OF ISSUE - CHAPTER 31182, SPECIAL ACTS OF FLORIDA, 1955 AS REVISED. CLERK: KEN BURKE By: tea' L �! c ) Deputy Clerk DATE OF ISSUANCE: 06/03/08 FINAL INSPECTION: THIS PERMIT IS REQUIRED TO BE POSTED IN A CONSPICUOUS LOCATION AT THE CONSTRUCTION SITE. r I/ No. 4 BCC 04 -08 -08 9:34 A.M. BURGESS/Kennare # 4b Commercial dock application No. CC37445- 06/Revised submitted by the City of Clearwater, 69 Bay Esplanade, Clearwater (Mandalay Channel) approved; no correspondence has been received; no citizens appeared to be heard; the biological report has been filed as part of the record; and approval is subject to the following condition: 1. A hurricane plan for the marina must be received from the applicant prior to permit issuance. Motion - Commissioner Seel Second - Commissioner Duncan Vote - 6-0 In Re: City of Clearwater BEFORE THE PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS Application No.: CC37445- 06/Revised The Board of County Commissioners of Pinellas County, Florida ( "Board "), pursuant to Article II, Section 2.04(u) of the Home Rule Charter for Pinellas County, after receiving testimony and data at a properly noticed public hearing held on April 8, 2008, makes its fmdings of fact and determination as to whether or not the proposed plan and requested variance in said application will materially affect any of the rights and interest of the public, as follows: YES NO 1. () (X) Would have a detrimental effect on the use of said waters for navigation, transportation, recreational or other public purposes and public conveniences. 2. () (X) Would restrict the free use of the waterways and navigable waters. 3. () (X) Would have a material adverse effect upon the flow of water or tidal currents in the surrounding waters. 4. () (X) Would have a material adverse effect upon erosion, erosion control, shoaling of channels, extraordinary storm drainage, or would be likely to adversely affect the water quality now existing in the area in question. 5. () (X) Would have a material adverse effect upon the natural beauty and recreational advantages of Pinellas County. 6. () (X) Would have a material adverse.effect upon the conservation of wildlife, marine life, and other natural resources, including beaches and shores so as to be contrary to the public interest. 7. O (X) Would have a material adverse. effect upon the uplands surrounding or necessarily affected by said plan or development. 8. () (X) Would adversely affect the safety, health and welfare of the general public. 9. () (X) Are inconsistent with the Pinellas County Comprehensive Plan. 10. (X) () The property rights of others are not infringed upon. 11. (X) () A literal enforcement of the provisions of the regulations would result in extreme hardship due to the unique nature of the project and the applicant's property. 12. (X) () The variance sought to be granted is the minimum variance that will make possible the reasonable use of the applicant's property. 13. (X) () The granting of the requested variance will be in harmony with the general intent and purpose of the Board's regulations and will not be injurious to the area involved or otherwise detrimental or of adverse effect to the public interest and welfare. The Board, based on the above findings of fact and determination, hereby approves Application No.: CC37445- 06/Revised; subject to the following condition: 1. A hurricane plan for the marina must be received from the app_ licant prior to permit issuance. Any person, firm or corporation, including the State of Florida, Pinellas County, and any municipal corporation in said County, aggrieved by the findings of fact and determination of the Board, may within thirty (30) days of the filing of this order, petition for rehearing, stating in such petition the grounds upon which the Board has erred in its finds and wherein such person, firm or corporation is aggrieved by said findings. The Board may, in its discretion, grant or deny such rehearing. Any person, firm or corporation, including the State of Florida, Pinellas County, and any municipal corporation in said County, who is aggrieved by the Board's above ruling on the petition for rehearing shall have the right to have the entire cause reviewed by the Circuit Court of the Sixth Judicial Circuit. of Florida in and for Pinellas County, as provided by law for other appeals to the circuit court. r� Chairman The Foregoing Decision Has Been Filed With Me This / p day of 2008 , �'� • Attest: KEN BURKE CLERK . n o e a ° a t� Z~ By 4eppu7ty • l, 1, l•,t11'`�1`4, Clerk oveOas P' County Attorney's Office correspondence to: • L Clerk, Water and Navigatlon (` j 44" Controt Authority Appk4tlon a 315 Court Street Clearwater, FL 33756 (OFFICIAL USE ONLY) C011RCL4L AI�TD MULTI -USE DOCK PERMIT APPLICATION PINELLAS COUNTY WATER AND NAVIGATION CONTROL AUTHORITY Please type, or hand print in BLACK ink I. PROPERTY OWNER INFORMATION: A. Applicant's Name: B. Mailing Address: .city: GIe4,-Lia+e1V_ state; F C. Telephone No.(s): 11. AGENT INFORMATION: A. Name: Pelf-4 Sev-e"%, =rxc. JUN 2 9 2006 �D �Dx 3a�I JENVIRONMENTALMANAGEME B. Address: c City: c�"r �t'{Ct'S� , State: F-4' zip: C. TelephoneN'o.(s): _70_7-0-a3 --;�yy3 M. SITE I FOR1NIATION: A. Construction Site Address: 61 134y. E'S74'...4- City: G J fti -LJ4 - 2 B. Intended Use: ►1'1 wlf� dPck;,,1 IPac C. Parcel ID Number: 05 / -'1 / l5 /D / 330 /o)616 D. Incorporated: J9( E. Affected waterbody: F. Previous Permits: Unincorporated: ❑ /Von e- Pinellas G'. Date applicant assumed property ownership: month/year H. Obstructions: (dogs, fences, etc.) Nan e I. Attach 8 -L2" X 11" vicinity map showing specific project location.. 5{,e )q?Te^Qij< J. All other information pursuant to P.C.O.90 -19 (amended), Section 10:9, as needed. K. Does the project abut residentially zoned property? Yes O . No L. For projects requiring a public hearing, attach, a copy of the complete legal description. This project may also require approvals from the Florida Dept of o+awa.r+�►rv�c,,�.�r,..amee�, ans�. Environmental Prote Co P�Bof Engineers and the U.S. Army (813. 769 - 7060). PH DELTA SEVEN INC 727 550 251.E P _ g-3 J J 7t , «, , . FR4fA1, bif i o#IL iJI�C' IY. PA04MCT DUCRIPTIONS MTI•USI CCOl4lNMRCTAi 0 A. Nature and SiEe oiF'rc�ect: ;�, � G i -� \;.' Wit— l_. �!a �w�, fe � p r-z��•s � �:� � -� ywrrw+..r L7 /T /- L'icse `/(.',`fJ %�' �C•,C�.1�! \1 �iJ'y/C.e ! /") /. TiCit'/;C Square iist. 112Y3 B. variance: Yes tT No 0 Amount in varis.aoe: Length: `. _ �'�_.._' Width: Setba4u: L Other. 4c,- L ft$ ct i5'i %� 6 ?i �nC Sri n! G ✓.q•i ��f "�icJ �� %/ NUM Itis the applicant's responsibility to cU*rly dimaaatrate that any requested variances are coniitutrt with the variince criteria of the Pinellas County Water and Navigation Control Authority Regulations. The applicant must submit a writUn'varianee request outlieint the nature of Sind peed for any variances. The applicant must dimonstrate thit a litaral enforcement of the regulations mould iesult in an extreme hardship due to the unique nature of the prgfact and the applicant's property.* The hasdship'mu4t not bs eroatod by actions) of the property ewzrer(s). The granting of the variance must be in harmony "With the general intent of the regulations and not infringe upon the property rights of other:. The variance requested must ba .the.minimnm possible to allow for the reasonable use of the applicant's property, Should the applicant fail to demonitrate that atry variance request is consistent with the criteria outlined In the regulations, staff cannot recommend approval of the application. V. CONTRACT01% INFORMATION: a certified contractor, state that the dock has not been constricted and that it will be built in compliance % ith all requirements and standards set forth in the "Rules and' Regulations° of the Pinellas county Water -and Navigation Control Authority, and in accordance with the attached drawings; which accurately. repro sent all the information required to be furnished. In the event that this dock is not built In accordance with the permit or the"Wormation furnished is not. torred, I agree to.eith4r remove the dock or correct the d#61erncy. 8t,grssd: Oert. No.: Oempnny Nemec T.olophons No.: Ad dress: VI. OWNM3 SIGNATURTst I hereby apply for a permit to do the above work and state that the same will be done according. to the map cr plan attached hersto ind made a part hereof, and agree to abide by the "Rules and Regulations" of the Pinellas County Water and Navigation Control Authority for such construction and, if said construction ia' within the corporate limits of a municipality, to first secure ipproval from said rAunieipality. I further state that said constriction will ba maintained in a safe condition at all times, should thL application be approved, that I am the legal Owner of the upland frnza •which I "n propose to•constrmat the impro"inents, and that the above stated asent/contrietor may act as my repraseatativa. I undarsts4id that I, not Pinellas County, am responsibls; for the accuracy of the information provided ate part of this application and that it is my responsibility to obtain any necessary permits and approvals applicable for the proposed activities on either private or sovereign caned 4ubmerged land, —' 11 au Usti aer'a signature C'C3°7gy5- 0 6 PROPOSED NEW SLIPS: 8 WET SLIPS FOR BOATS LESS THAN 26' 9 BOAT LIFTS FOR BOATS LESS THAN 30' 2 WET SLIPS FOR BOATS LESS THAN 38' 4 BOAT LIFTS FOR BOATS LESS THAN 38' 16 WET SLIPS FOR BOATS LESS THAN 40' 3 DAY SLIPS TOTAL 42 SLIPS T. MANATEE -SIGNS APPROXIMATE RV -6' A CC3, ?YyS-v&jPewvd ..:. SUP #17, 104 —6" SLIP #18 • } SLIP #22 ?k- --w- _ ACCESS WALKWAY 2 LOCKED GATE RIPARIAN LINE —Pry PINELLAS COUNTY EN RONMENTAL MANAGEMENT FOR WILLIAM M. D IS, ® TOFF ii II ii 11 II II 11 ll it 11 II -Rk1- 11 It II VI 112110 F��SEAGRASS BED NO ENTRY SIGN ADDITIONAL TURBIDITY CURTAIN TO BE INSTALLED AROUND SEAGRASS BEDS DURING CONSTRUCTION LAPPROXIMATE 25% OF THE WATERWAY LINE SLIP #1 APPROXIMATE LIMITS 144' OF VATERWAY j OF NAVIGABLE WATER PILDIG�� L I I T REUBEN CLARSON, P.E. SLIP #19 3 SLIP #23 FL. P.E. No. 16313 �%ATERLINE� --� CONSTRUCTION. INC. WATERLINE CONSTRUCTION 4408 Grady Ave. N Tampa FL 33814 813 -808 -1977 C /eo�woter Recreation Center REUBEN CLARSON CONSULTING, INC C/0 DELTA SEVEN, INC. P.O. �rgR.3373 Phone: (2718231443 c..: noncan -zsv, �/ H SG4LE 5 M T2.9 R 15 11 flLE. WATERICNNEDOCONS RUCTION. INC. RTE: NUMBER .o . SLIP #2 SLIP #6 SLIP #10 d 15' -9" SLIP #20 SLIP #24 15' -9" o " SLIP #3 SLIP #7 88' -6° 60' SLIP #I1 3 , -3" L-----40i I L- 4O' 1 60' . • z .0 n — SLIP #4 E� SLIP #B SLIP #12 p TURBIDITY CURTAIN TO BE r p U (�/] INSTALLED AROUND AREA I 15' -9' SLIP #5 15' -10' p 15•_g -- 115' SLIP #13 -9' DURING CONSTRUCTION o SLIP #9 .� I L. x--40' �' �- -26' � 40' 26' --1 ii II ii 11 II II 11 ll it 11 II -Rk1- 11 It II VI 112110 F��SEAGRASS BED NO ENTRY SIGN ADDITIONAL TURBIDITY CURTAIN TO BE INSTALLED AROUND SEAGRASS BEDS DURING CONSTRUCTION LAPPROXIMATE 25% OF THE WATERWAY LINE APPROXIMATE LIMITS 144' OF VATERWAY j OF NAVIGABLE WATER L I I T REUBEN CLARSON, P.E. FL. P.E. No. 16313 �%ATERLINE� --� CONSTRUCTION. INC. WATERLINE CONSTRUCTION 4408 Grady Ave. N Tampa FL 33814 813 -808 -1977 C /eo�woter Recreation Center REUBEN CLARSON CONSULTING, INC C/0 DELTA SEVEN, INC. P.O. �rgR.3373 Phone: (2718231443 c..: noncan -zsv, �/ H SG4LE 5 M T2.9 R 15 11 flLE. WATERICNNEDOCONS RUCTION. INC. RTE: NUMBER FILE asrc s nc If o,.,... Cc 3 �yys -o /1Zr r<fs�! EXISTING DOCKS RIPARIAN LINE +/— a - II NOTE:. ELEVATIONS II REFER TO NGVD SURVEY PROVIDED II BY FORESIGHT SURVEYORS, INC. s aP °s II SEE ATTACHMENT ° II APPROXIMATE ° o 'NON- CORAI.IIN' SEA G ,gs BEDS 1L[VE B07TOM� P p� UPLAND DECK ='Q � (APPROXIMATE EXISTING P? .9 LOCATION) SEAWALL R? S p SEA CRASS BED ° 3 y- +.4.981 SEA GRASS BEDS 0 AP �? - SEA GRASS BF,DS +.1.76 ° 1 ' +3.75 0-1 c`' A'° - .°6 • y .L TNTEXISTING DOCK ^P •." REMOVED '° pa �•. - p.0 a ; - +3.77 - ® P¢ �.n 19p .hE .q'o cD ^6 sp 0. Jt� �M1 b SID y9 p 41 ��` urxmmlrfA�n a All 7 trp RIPARLIN LINE +/- DOC IL A—i -�'J 1p Alp pi I EXI817NC CONCRETE__ —__ SEAWALL (TYPICAL) ' T � ! LJ �. ' G� j REUBEN CLARSON, P.E. � 1 / / �\ \ \ �, \ `:�. \� \ \ I - -; - 'L-- -Tr- - - -{ ! FL. P.E. No. 16313 WATERLINE CONSTRUCTION REUBEN CLARSON CONSULTING, INC EX/SAN6 G?34/O/AG3VS [�TE: � o1 /IZ /2oo7 FILE: WATERLINE CONSTRUCTION, INC. 4408 Grady Ave. N C/O DELTA SEVEN, INC. 0.IECT NUMBER CAD() FltE WATERLINE �� P C /eo1-wote� Recreation Centee P.O. S. 3zat SCALE 1S- Jp0' Tam a F L 33814 St Pefersbwg FL 33737 A13 —A(IA -1077 PA° °a (72?)8z3•;+a3 s /14 T 20 �P LS . ec 13 ONO ELEV. +3.72' 58' -4" ACCESS WALKWAY I Pt VU an 72' 72' APPROX. MHWL ELEV. +1.28' APPROX. MLWL ELEV. -0.69' REUBEN CLARSON, P.E. FL. P.E. No. 16313 WATERLINE CONSTRUCTION REUBEN CLARSON CONSULTING, INC I DATE: O1 /t2/2007 FILE: WATERUNE CONSTRUCTION, INC. 4408 Grady Ave. N C/O DELTA SEVEN, INC. �'4��4Y 1 �� PROJECT NUMBER CADD FILE WATERLINE ��' Tampa FL 33614 C /eorwater Recreation Center St o= b.,g SCALE I =10' 3L P.O. . S. 3241 FL 33731 o4o_ana_�oryry Pwne:p27)8232443 S 05, 729, R 15 pert 4 nF 7 Ppaes WATERLl1' E ys06IRe01v' ALL FRAMING MATERIAL WILL BE .60 ACQ TREATED. I _ TOP RAIL TO BE 2 "X6" COMPOSITE BOARDWALK 4"X4" POST SPACED 5' O.C. 2"X6" SIDE RAH. ALL POST ATTACHED USING 6-)%- GALVANIZED BOLTS. ALL PILINGS WILL BE 2.5 CCA TREATED. PILINGS WILL BE JETTED AND HAMMERED WITH A MIN. OF 10' PENETRATION. DECKING WILL BE 2'X8" COMPOSITE AND WILL BE— ,FASTENED WITH STAINLESS r-6 —1 STEEL SCREWS. COMMON WALKWAY ALL STRINGERS WILL BE 2'X10" SPACED 18" ON CENTER DOUBLED ON THE OUTSIDE. ALL PILINGS 2'110" PILE CAPS TO BE 8" WILL BE DOUBLED TIP ENCASED IN PVC WRAP AND BOLTED WITH GALVANIZED BOLTS. i I i : CROSS SECTION CROSS : I�_ SECTION B -B (TYP.) C -C .(TYP.) WATERLINE ^CONSTRUCTION 4408 Grady Ave. N Tamps FL 33814 Clearwater Recreation Center CROSS SECTION D -D (TYP.) CLARSON CONSULTING, C/O DELTA SEVEN, INC. P.O. Box 3241 St PWre b. g FL 33731 ELEV. +9.72' ELEV. +4.72' NGVD APPROX. MHWL ELEV. +1.28' NGVD APPROX. MLWL ELEV. -0.69' a4 + /I1 REUBEN CLARSON, P.E. FL. P.E. No. 16313 DATE: 01 /12/2007 FILE: WATERLINE CONSTRUCTION, INC. �'C' .� ��5 -v� /Re �� red A CVe4- Delta 5cve4%, Inc. General Environmental Consulting P.O. Box 3241 Ph: 727 - 823 -2443 Postoffice @Delta - Seven.com St. Petersburg, FL 33731 Fx: 727 -550 -2513 www.Delta- Seven.com April 16, 2007 Ms. Carol Grynewicz Pinellas County Water and Navigation DELIVERY BY HAND RE: CLEARWATER RECREATION CENTER DOCKING FACILITY Dear Carol: Please find enclosed the revised docking facility designs for the Clearwater Recreation Center project. These plans are currently pending final approval with both the City of Clearwater and SWFWMD. Hearings with both agencies have been scheduled. Should you have any questions or need any additional information please call 727- 823 -2443. Sincerely, an liver Biologist Delta Seven, Inc. APR 17 2007 ENVIRONMENTAL MANAGEM CC�3��yS�a 6lReu1sed A,. s��, Delta 5C.VC4..., Inc. General Environmental Consulting P.O. Box 3241 Ph: 727 - 823 -2443 Postoffice @Delta- Seven.com St. Petersburg, FL 33731 Fx: 727 -550 -2513 www.Delta- Seven.com July 30, 2007 Ms. Carol Grynewicz Pinellas County Water and Navigation 510 Bay Street Clearwater, FL RE: CLEARWATER RECREATION CENTER MARINA Dear Carol: Delta Seven is pleased to submit the enclosed design drawings in relation to the Clearwater Recreation Center marina permit application currently under review by the Pinellas County Water and Navigation Control Authority. The facility as it is re- designed is intended to meet county design requirements. In addition, please find enclosed a copy of the Community Development Board approval obtained from the City of Clearwater. This approval is the final authorization needed from the city, with the exception of the building permit to be obtained immediately prior to construction. During the city hearing, residents from the neighboring Belle Harbor condominiums owners' association spoke in support of the Recreation Center docking facility. Based on our most recent discussion, I believe that the enclosed items will allow the county to move forward with a recommendation of approval for the project. Should you have any questions, please call 727 - 823 -2443. Sincerely, �✓ n Olive"' B' ogist e ta Seven, Inc. Cc: William Morris, City of Clearwater John Hobach, JMC Communities ATEF 000 P(ANNIM; DFPARTMENT Of CITY-OF C LEARWATE R POST Of'FICE Box 4748, CLEAwATER, FiorunA 3375&-4748 MumciPAL SFRvicB BWmi%c,, 100 S017M MYMU Avf-�Ni-E., CI_F- 1RWATFR, FLORMA 33756 TF.IFPHONE (727) 562-4567 Fax (727) 562 -4865 July 18, 2007 E. D. Armstrong III, Esq. Johnson, Pope, Bokor, Ruppel & Burns, LLP P.O. Box 1368 Clearwater, FL 33757 RE: Development Order - Case FLD2007 -02003 69. Bay Esplanade Dear Mr. Armstrong: This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the Community Development Code. On July 17, 2007, the Community Development Board reviewed your request for Flexible Development approval to permit in the submerged lands adjacent to the Clearwater Beach Recreation Center a 42 -slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) of 11,343 square feet with a deviation to allow the docks and tie poles to exceed the 25 percent of the width of the waterway and a reduction to required parking from 24 to zero spaces, under the provisions of Sections 2- 1502.A, 3- 601.C.3 and 3 -603. The Community Development Board (CDB) APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: Findings of Pact: 1. That the 4.26 acres is located at the southeast comer of the intersection of Mandalay Avenue and Bay Esplanade; 2. That the site is currently developed with the Clearwater Beach Recreation Center, with a recreation building on the east with basketball courts, pool and tennis courts on the west and a parking lot between; 3. That on January 20, 2005, City Council approved Development Agreement Case No. DVA2004- 00005 in conjunction with Case No. FLD2004-09068 for the property at 470 and 500 Mandalay Avenue and 11 Baymont Street to construct the Sandpearl project, a mixed use (overnight accommodation units, attached dwellings and retail sales and services). A portion of the adopted Development Agreement included the establishment of a maximum of 57 boat slips in the submerged lands adjacent to the Clearwater Beach Recreation Center; 4. That the site has approximately 1,024 feet of waterfront frontage on Clearwater Harbor; 5. That the development proposal consists of the construction of a 11,343 square -foot, 42 slip dock, of which 27 slips will be leased to the Sandpearl project and 15 slips will be designated to serve the public; FRANK i'HmaaRD, MAroR JOUR DomN, C(- )uNaLME %IBF.R J.B_ Joli\SON, COUKCILMENIBF:R Bw. JoNsoN, COLNLIL161FMBER ATk CARLFN A PE"TERSEN, COUNCRAF -MBFR CC3�? yyS- aG 11(:Pvs � July 18, 2007 Armstrong — Page 2 6. That a companion application to amend the adopted Development Agreement to update the site plan and provisions to reflect the proposed dock design and the reduced number of slips under this application is also on the July 17, 2007, CDB agenda for recommendation to City Council (Case No. DVA2007- 00002); 7. That, while the docks are on City property and will be owned by the City, the Development Agreement allows the developer of the Sandpearl project to construct the docks at their expense; 8. That of the 27 slips to be leased to the Sandpearl project, there are three day -slips on the west side designated for use by the Sandpearl hotel that will not be leased to others; 9. That 24 of the slips are to be leased to owners, tenants and guests of the Sandpearl project, including Beach Club members and other owners and tenants that own or lease residences within the geographical area bordered on the west by the Gulf of Mexico, on the east by Clearwater Bay, on the north by Rockaway Street and on the south by Papaya Street; 10. That since slips are to be leased to individuals the docks are deemed a marina; 11. That the 15 public day slips will be open and available to the public from 5:00 am to midnight; 12. That the proposal includes a reduction to required parking from 24 to zero parking spaces for those 24 slips to be leased to owners, tenants and guests of the Sandpearl project, including Beach Club members and other owners and tenants that own or lease residences within the specified geographical area; 13. That the adopted Development Agreement and the proposed amended Development Agreement provides a shuttle service from the Sandpearl project for persons needing to access their boats in one of the leased Sandpearl slips; 14. That the proposed dock meets the required setbacks and width criteria of the Code; 15. The proposal includes a deviation to allow the length of the docks and tie poles to exceed the 25 percent of the width of the waterway by 69 feet at its maximum point; 16. That the waterway between the subject property and Belle Harbor to the south is an artificial basin that had a covered docking facility from approximately 1942 to 1973; 17. That the Belle Harbor docks, constructed in 2003, extend from their seawall 40 feet into the water; 18. That between these proposed docks and the existing Belle Harbor docks there will be a minimum navigational clearance of 77 feet at its closest location, exceeding the 50 -foot clearance recommended by the U.S. Fish and Wildlife Service and the Army Corps of Engineers; and 19. That there are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: . 1. That the adopted Development Agreement between the City and Sandpearl developers, as well as the proposed amended Development Agreement for consideration on the same July 17, 2007, CDB agenda, included the establishment of boat slips in the submerged lands adjacent to the Clearwater Beach Recreation Center, 2. That the development proposal is consistent with the Flexibility criteria as per Section 2- 1502.A of the Community Development Code (Marinas); 3. That the development proposal is consistent with the commercial dock review criteria as per Section 3- 601.0.3 of the Community Development Code; 4. That the development proposal is consistent with the marina review criteria as per Section 3 -603 of the Community Development Code; and 5.. That the development proposal is consistent with the General Applicability criteria as per Section 3- 913.A of the Community Development Code. 0? 39WS - 061/eeai-WV July 18, 2007 Armstrong — Page 3 Conditions of Approval: 1. That approval of this Flexible Development case is subject to the approval of a Development Agreement with the City (Case DVA2007 -00002); 2. That a building permit to install the fire hydrants and fire risers for the docks, acceptable to the Fire and Parks and Recreation Departments, and upland sidewalk be submitted prior to Planning Department sign-off on the County dock permit application. Prior to completion of the docks, the fire riser and upland sidewalk permit shall be finalized; 3. That the docks be handicap accessible. Compliance with this requirement shall be shown on plans prior to the issuance of any permits; 4. That, prior to the issuance of the upland building permit, the boardwalk and fire suppression system be field staked to ensure avoidance of impacts on existing trees and their root systems. In the event there are impacts with existing tree root systems, the developer shall provide a tree aeration system acceptable to the City; 5. That there be no live - aboard vessels in any of the slips, no fueling facilities and no domestic sewage pump -out facilities at this site; 6. That one or more of the public use slips may be used in the future for a City fire boat or other public purpose vessels, as provided for in the Amended .Development Agreement #DVA2007 -00002; 7. That boats moored at the 24 Sandpearl Resort slips be in compliance with the Rental Agreement, as approved by City Council through the Amended Development Agreement #DVA2007- 00002; 8. That lighting be provided at the ends of the docks for night visibility; 9. That signage be permanently installed on the docks and at the entrance to the docks listing the emergency contact phone numbers for both dock tenants, the general public and local residents to report concerns of public safety and environmental protection; 10. That boat lifts shall only be permitted in the Sandpearl leased slips, in a number and location complying with the Amended Development Agreement #DVA2007 -00002; 11. That signage be permanently installed on the docks or at the entrance to the docks containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; and 12. That a copy of the SWFWMD and/or FDEP Permit and Corps of Engineer's Permit, if applicable, be submitted to the Planning Department prior to commencement of construction. Pursuant to Section 4-407, an application for a building permit or other approvals shall be made within one year of Flexible Development approval (July 17, 2008). All required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit. Time frames do not change with successive oxtmers. The Community Development Coordinator may grant an extension of time for a period not to exceed one year and only within the original period of validity. The Community Development Board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4 -502.B by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending eC3�yys July 18, 2007 Armstrong — Page 4 �— the final determination of the case. The appeal period for your case expires on July 31, 2007 (14 days from the date of the CDB meeting). If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727 -562 -4504. You can access zoning information for parcels within the City through our website: www.mycl eanwater .com/gov /dgpts/planning. Sincerely, ; . is ae k, Planning Director SAPlanning Department%C D BIFLEX (FLD)Ilnactive or Finished ApplicationsU (VENUE - BR1GHTWATER18a), Esplanade 69 Clrn4r Recreation Docks (T) - ApprovedlBay Esplanade 69 Development Order 7.18.07.doc C ,33� I s -a 61ec-,1,i.1 D e l t a 5wt,., TM Sever. D'TM General Environmental Consulting P.O. Box 3241 Ph: 727 - 823 -2443 Postoffice @Delta - Seven.com St. Petersburg, FL 33731 Fx: 727 -550 -2513 www.Delta- Seven.com December 4, 2007 Ms. Carol Grynewicz Water and Navigation 510 Bay Avenue Clearwater, Fl 33756 RE: Clearwater Recreation Center Docking Facility Dear Carol: Please find enclosed a modified drawing for the Clearwater Recreation Center docking facility. The enclosed, Sheet 2 of 6, shall replace the drawings previously submitted to the County. All other drawings remain unchanged. The changes to the drawing are limited to slips numbered 14 and 15, the easternmost slips in the proposed facility. The slips have been rotated so that access is from the south rather than the east at the request of the National Marine Fisheries. Service (NMFS). The applicant agrees with NMFS that this minor modification will result in better protection of the seagrass beds by reducing the potential of vessel intrusion into the seagrass. The slip length has been reduced from 40 feet to 38 feet 3 inches in order to retain the same footprint for the docking facility. This modification has been approved by the City of Clearwater and. SWFWMD. In addition to this modification, the applicant has agreed to install only low - profile lifts (less than 48" in height above the decking) in those slips that will have lifts. This is the result of requests by neighboring residents during the City approval process. Should you have any questions, please feel free to call 727- 823 -2443. Si Delta Seven, Inc. 1�0 11 AM Client: Clearwater Recreation Center 69 Bay Esplanade Clearwater, FL OWNER: CITY OF CLEARWATER NOTES: Daft. 02113122W8 I Inch equals 100 feet Page 1 of 1 003W 5 -66 /�eww' January 29, 2008 Ms. Carol Grynewicz Pinellas County Water and Navigation 510 Bay Avenue Clearwater, FL 33756 Re: Clearwater Recreation Center Boat Docks Dear Ms. Grynewicz: The Belle Harbor Owner's Association, Inc., is the owner of the property immediately south of Clearwater Recreation Center, and does not object to the current design of the proposed boat docking facility. The Association has expressed concern with regard to the security and noise associated with the facility and is working with the applicant, the City of Clearwater to resolve these issues for the mutual benefit of all parties. Sincere], Ken Robulak President BELLE HARBOR OWNER'S ASSOCIATION, INC. 501 Mandalay Avenue Clearwater, FL 33767 Phone 727 - 447 -2609 Fax 727 - 447 -6738 i leil� A Delta 5 TM General Environmental Consulting P.O. Box 3241 Ph: 727 - 823 -2443 Delta- Seven @worldnet.att.net St. Petersburg, FL 33731 Fx: 727 -550 -2513 http: / /home. att.net/~Delta- Seven/ June 28, 2006 FDEP Southwest District 13051 N. Telecom Parkway Temple Terrace, FL 33637 Pinellas County Water and Navigation Control Authority 512 South Fort Harrison Clearwater FL 33756 USACE Tampa Regulatory Office 10,117 Princess Palm Drive Suite 120 Tampa, FL 33610 RE: CLEARWATER RECREATION CENTER DOCKING FACILITY To Whom It May Concern: On behalf of our client, The City of Clearwater, Delta Seven is pleased to submit the enclosed permit application relating to the Clearwater Recreation Center Docking Facility. Enclosed with this application please find: -FDEP Environmental Resource Permit Application Sections A, C, E - Pinellas County Water and Navigation Commercial and Multi -use Docking Facility•Application - Appendices relating to each permit application Should you have any questions, or need additional information, please call 727- 823 -2443. pS' erely O ivy iologist Delta Seven, Inc. CC with encl: William Morris, City of Clearwater . Pinellas County Water and Navigation Control Authority Florida Department of Environmental Protection, Southwest District U.S. Army Corps of Engineers, Tampa Regulatory Office File -Direct all correspondence to: Clerk, W. alor and Navigation Control Authority 315 OVY 315 Court Street Application # �5 7 C' Clearwater, FL 33156 (OFFICIAL USE ONLY) COMMERCIAL AND NMTI- USE:.DOCB PERMIT APPLICATION PINELLAS .COUNT IT WATER AND NAVIGATION CONTROL AUTHORITY Please type, or hand print in BLACE ink I. PROPERTY OWNER INFORMATION: A. Applicant's Name: 11 l �''► l �1 r-f ; s i j r�c'�ar' �l e, i n t a ►, e� .�l via %i o n B. Mailing Address: 05 CAuzd WAy 9)vd. City: C�.fC�r�J� -�e.c, ,- State: F C. Telephone No.(s): U. AGENT INFORALATIONi JUN 2 9 2006 A. Name: t. pG l f A sev -" , L/ ENVIRONMENTAL MANAGEMENT B. Address: City: c Ct'Si��j State: FL Zip: 33%31 C. Telephone No,(s): is �- 0-_�3 a L)/ 3 M. SITE INFORMATION; A. Construction Site Address: city. B. Intended Use: ►''r1. �.1�'i —S /ip a�oek,ng -�ac I �i �'y C. Parcel ID Number: / 330 /0104 D. Incorporated: Unincorporated: 0 E. Affected waterbody: - � "du% GJ1 Q er ~ F. Previous Permits: 1Y On e G. Date .applicant assured property ownership: month/year H. Obstructions: (dogs, fences, etc.) I. Attach 8 -1/2" X 11". vicinity rap showing specific project location.. Se-( Ppe^dj)( 4 J. All other information pursuant to P.C.O.90 -19 (amended), Section 10.9, as needed. K. Does the project abut residentially zoned property? Yes D No L. For projects requiring a public hearing., attach, a copy of the complete legal description. This. project may also require +.n& approvals from the Florida Dept of o.enao++v:awn.;remeen ahin, EnvironmeAtal Protection: (813.632.7600) and the l,).6. Army Corps. of Engineers (813. 769. 7060). JUN -28 -2006 04:01 PM DELTA SEVEN INC V l7 /� fFWiA ti## OHL IV. PRojACT Dlgliim pTIOPQ: ' MULTI-USE ,i C031�vtEt AOIAYr O A. Nature and size ..J.�— �r......�, r.. r - __ ��r� ilia ii ir•r .; ^ �/ ( i r �.___ 727 550 2513 P. 0 v 13. Variance: Yee Z No O Amount in variance. Lengtrh: ',.... ..= Width: Betbak s: L ' r .".,,: , w' O --t ` Otl-Ar: P✓c i 5 . i .7/ e-,-e -tecl �d" F e15 R b6s n a4n� A45 � e -on +Ae Si�-P l,- t�1 G f�6 Tf c —4 -i nA N O'I'Rt It is the applioant'o responsibility to elearIY demonstrate that any requested variances era consistent with the yarianca, criteria of the Pinellas County Water and Navigation Control Authority Regulstlons. The applicant muet submit a writtau 'variance request outlinia$ the nature of mind need for-any-variances. The applicant must demonstrate that a 13tarP.1 enforcement of the regulations mould result hi are extreme hardship'due to the unique nature of thi project and the applicant's property.'The hafdship'mu# not be erestod by action(s) of the property owner(s). The .granting of the variance must be iia harmony with the general Intent of the regulations and not infringe upon the property rights of *there. The variance requested must be .the .minimum possible to allow for the reaaonable us* of the applioant`s property, Should the applicant fail to demonstrate that any variance request is consistent with the criteria outlined in the 'regulstions, staff cannot recommend approval of the application. V. CONTRACTOR INFORMATION: x4 c -z -fv. v� r��,�� %d�A/ , a certified oontraator, state that the dock has not been constructed and that it will be built in compliance with all requiremirlts and standards set forth in the 'Sales and Regulations" of the Pinellas County Watar,an.d Navigation Control Authority, and in accordance with the attached drawings which •ceurately. repreoent all the infbrmation required to be furnished. In the event that this dock is not built iti accordance with the permit or thciiaformation furnished it not correct, I agree to.eitbsr remove the dock or correetthe deficiency. Company Names 7?abpbosce No Address: VZ. 0WNZR'8 SIGNATURE: I hereby apply for a permit to do the above work and state that the same will be done aceordlug . to the map or plan attaalied hereto and made a part hereof,, and agrea to abide by the "Rules and Regulations" of the Pinellas County 'Rater and Navigation Control Authority for such construetioa and, if said eonstruetion ls' within the corporate limits of a municipality, to Bret secure approval from said municipality. I further state that said constriction will be maintained in a safe condition at all times; should this applicat = be approved, that I am the legal owner of the uplstad Prosy? 'Micich I herein propose twoonstrpct the improvements, and that the above stated ageaticontrector may act as my representative. I uadarstsud that Y, not Pinellas County, am responsible fur the accuracy of the information provided ,as part of this applicstion slid that it is my responsibility to obtain any necessary permits and approvals applicable for the proposed activities on either private or sovereign 4,whed submerged land, I)ate ra oer "s $Sgnature p+�wnAp*rOMM�R asvM SHORELINE _ Municipality Approval 'Water and Navigation Approval Engineer's Seal DOWD'u11ENVM3MKT/C"S.gf$ ,12E.0 CC VARIANCE REQUEST FORM fid WY-_ Application a (OFFICIAL USE ONLY) Left Lot Owner's Name: INO ri t Mailing Address: Zip: I certify that I am the owner of Lot which adjoins the property owned by the applicant who proposes to construct a Commercial O Multi -use O Private Q dock at the following address: I have seen the plans of the proposed structure(s) with any requested variances (see Section IVB of Application) and therefore: DO OBJECT O DO NOT OBJECT D to the construction. OWNER'S SIGNATURE: X Date NOTARY: STATE OF FLORIDA, PINELLAS COUNTY, BEFORE ME, the undersigned authority, personally appeared , well known to me, or who provided a valid Florida Driver's License to be the person who executed the foregoing instrument and that he /she acknowledged to me, under oath, that he %she signed the same freely and voluntarily for the purposes expressed therein. Witness my hand and official seal this day of ,19 —. Notary Public My commission - expires: Right Lot Owner's Name: l�1 Dne Mailing Address: Zip: . I certify that I am the owner of Lot - which adjoins the property owned by the applicant who proposes to construct a Commercial 0. , Multi -use 0 Private ,D . dock at the following address: I have seen the plans of the proposed structure(s) with any requested variances (see Section IVB of Application) and therefore: DO OBJECT .O DO NOT OBJECT D to the construction. OWNER'S SIGNATURE: X Date NOTARY: STATE OF FLORIDA, PINELLAS COUNTY, BEFORE ME, the undersigned authority, personally appeared , well known to me, or who provided a valid Florida Driver's License to be the person who executed the foregoing instrument and that he/she acknowledged to me, under oath, that he /she signed the same freely and voluntarily for the purposes expressed therein. Witness my hand and official seal this day of '19 Notary Public My commission expires: 04MrD1arVENVMGMdT1C*m9814 426M4 JUN -28 -2006 04:00 PM DELTA SEVEN INC 727 550 2513 P.02 IV Up O~ b to albivla% ar,y pared Nolat of W"r" with p Oft Co M gaff, k f: "Wred YW star AUth ft DR provloac! with a lfainp of pBF &" b ft Mf► ro. a #UK VM or partlletshlp, as WW as anyae who May have berMaill Interest In the application which would be afhrotsd by any decision rendered by the Authority. (Atttch additional sheets if neaeasary.) Ar PAOPSATY OWNSI M Nano: C)*AX OW G 1-ec riil n i-e�r- Name; Addrm ,• Name: Name: Addrae• • - -- Address: S. REPIMSENTATI'Ms Name: A Iz. Cam., La LL 2 Ame: 1 _ rr.ir..r Address; ' ?c Name: ,� ..ter ewr��i i rnw�i nnn Address: Address: .C. qMR. PZR4OIV'S HAVING OWN ZRXRV IMRSST IN THE Sl'MiNCT PROPWTY: Interest ls:. eoat,ia ;ens d wibaptutre Q Name:" speeflte interest hold - A D. DOES A CONTRACT FOR isAL$ EXI8T FOR TM SUBJZCT FROPR M Yn , If so, the contract is: eantinpent 0 absolute C7 Name of peril *s to the oontraot. E. DOZO AN OPTION TO PT*CRASIS XXIST FOR, THE RUBJECT PR.OPERTYt YEB O NO—&ir� Hama of psrties to the optloa: P'. OWNISUS SIGNA UREi I hereby comfy that the imbrication stated .above Is eamplote, wourtts, aMsA true to the beg; of my knowledge. g > ?sic O 41 FORM#: 62- 343.900(1) Section A FORM TITLE: JOrNT ENVIRONMENTAL RESOURCE PERMrr APPLICATION 6:1-i DATE; Ocwbar 3, 1995 SECTION A ? r � .- A FOR AGENCY USE ONLY ACOE Application # DEP/WMD Application # Date Application Received Date Application Received Proposed Project Lat. Fee Received Proposed Project Long. Fee Receipt # PART 1: Are any of the activities described in this application proposed to occur in, on, or over wetlands or other surface waters? X yes ❑ no Is this application being filed by or on behalf of a government entity or drainage district? Elyes ❑no PART 2: A. Type of Environmental Resource Permit Requested (check at least one). See Attachment 2 for thresholds and descriptions. ❑ Noticed General - include information requested in Section B. ❑ Standard General (Single Family Dwelling) - include information requested in Sections C and D. ❑ Standard General (all other Standard General projects) - include information requested in Sections C and E. ❑ Individual (Single Family Dwelling) - include information requested in Sections C and D. Individual (all other Individual projects) - include information requested in Sections C and E. ❑ Conceptual - include 'information requested in Sections C and E. ❑ Mitigation Bank Permit (construction) - include information requested in Sections C and F. (If the proposed mitigation bank involves the construction of a surface water management system requiring another permit defined above, check the appropriate box and submit the information requested by the applicable section.) ❑ Mitigation Bank (conceptual) - include information requested in Sections C and F. B. Type of activity for which you are applying (check at least one) Construction or operation of a new system, other than a solid waste facility, including dredging or filling in, on or over wetlands and other surface waters. ❑ Construction, expansion or modification of a solid waste facility. ❑ Alteration or operation of an existing system which wa%ndt' previously permitted by a WMD or DEP. ❑ Modification of a system previously permi4 ec,bjr'a;,AV1v D or DEP. Provide previous permit numbdrs: ❑ Alteration of a system. ' . ❑ Extension of permit duration ❑ Abandonment of a system ❑ Construction of additional phases of a ❑ Removal of a system system C. Are you requesting authorization to use Sovereign Submerged Lands? Dyes 57no (See Section G and Attachment 5 for more information before answering this question.) D. For activities in, on, or over wetlands or other surface waters, check type of federal dredge and fill permit requested: ®Individual ❑Programmatic General ❑General ❑Nationwide ❑Not Applicable E. Are you claiming to qualify for an exemption? Dyes D<no If yes, provide rule number if known. FORM #: 62- 343.900(1) Section A FORM TITLE: JOINT ENVIRONMENTAL _ RESOURCE PEI MT APPLICATION DATE: October 3, 1995 PART 3: B. ENTITY TO RECEIVE PERMIT (IF OTHER THAN A. OWNERS OF LAND OWNER) Name wil/ia• Morris Name Title and Company Title and Company it / 1Marine A ,d Avia+,on Address 111?5 clams'ew4y Blvd. address City, State, Zip GIrarw4tits% F/L City, State, Zip Telephone and Fax - 7x741 -0 -645 7a - �lto� -b9s� Telephone and Fax C. AGENT AUTHORIZED TO SECURE PERMIT D. CONSULTANT (IF DIFFERENT FROM AGENT) Name Tl,o.-,aS 1Z. C-"A. Name Title and Company Title and Company Pr si n Address PO SOX 30 Address City, State, Zip bk rl FL 33 3/ City, State, Zip Telephone and Fax 7a�- M:5-ay 3 7a7-ss6 -a513 Telephone and Fax PART 4: (Please provide metric equivalent for federally funded projects): A. Name of Project, including phase if applicable: C I fa ruc +re R ecrec+ o'% Ce„fre- Dock ;n j F'C' Mi y B. Is this application for part of a multi -phase project? Oyes 5no C. Total applicant -owned area contiguous to the project? X1.13 ac.; ha. D. Total area served by the system: ac.;_..,. E. Impervious area for which a perMit is sought: ac.; ha N /A F. Volume of water that.tfie, system is capable of impounding: N r� 1. G. What is the total area of work in, on, or over wetlands or other surface waters? ac.; . ha. %sq. ft.; sq. m. H. Total volume of material to be dredged: * -0 yd; m I. Number of new boat slips proposed: 5q wet slips; dry slips -� q y 5 -cry PART 5: FORM #: 62- 343.900(1) Section A FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: October 3, 1995 Project location (use additional sheets if needed): County(ies) PCYiek6-5 Section(s) C5 Township D9 Range t5 Section(s) Township Range Section(s) Township Range Land Grant name, if applicable: Tax Parcel Identification Number: 051A-lit-51000C01930/0100 Street AddressRoador other location: (P�j (3a. t ESPIo.c�31 e City, Zip Code, if applicable: C�ieo r .xtikcC , 337 PART 6: Describe in general terms the proposed project, system, or activity. 'Thy C.A-LA 0C- c -kr-'C o -mac Pro f, oseS tb bL-%ti YV%L'A - kx'bc PART 7: A. If there have been any pre- application meetings, including on -site meetings, with regulatory staff, please list the date(s), location(s), and names of key staff and project representatives. ?I).�e!� 11,aoo5; FDA Hr y rnic,,elS � De1fa S vr� C� 6a B.. Please identify by number any MSSW /Wetland Resource/ERP /ACOE Permits pending, issued or denied for projects at the location, and any related enforcement actions. Agency Date No. \Type of Action Taken lcc /� Application C. Note: The following information is required for projects proposed to occur in, on or over wetlands that need a federal dredge and fill permit or an authorization to use state owned submerged. lands. Please provide the names, addresses and zip codes of property owners whose property directly adjoins the project (excluding application) and/or (for proprietary authorizations) is located within a 500 ft. radius of the applicant's land. Please attach a plan view showing the owner's names and adjoining property lines. Attach additional sheets if necessary. 1. . 2. See �}eTcli.>< fay 3. GOO 4. 5. 6. 7. S. FORM#: 62.343.900(1) Section A FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: October 3, 1995 LJ s PART 7: A. If there have been any pre- application meetings, including on -site meetings, with regulatory staff, please list the date(s), location(s), and names of key staff and project representatives. ?I).�e!� 11,aoo5; FDA Hr y rnic,,elS � De1fa S vr� C� 6a B.. Please identify by number any MSSW /Wetland Resource/ERP /ACOE Permits pending, issued or denied for projects at the location, and any related enforcement actions. Agency Date No. \Type of Action Taken lcc /� Application C. Note: The following information is required for projects proposed to occur in, on or over wetlands that need a federal dredge and fill permit or an authorization to use state owned submerged. lands. Please provide the names, addresses and zip codes of property owners whose property directly adjoins the project (excluding application) and/or (for proprietary authorizations) is located within a 500 ft. radius of the applicant's land. Please attach a plan view showing the owner's names and adjoining property lines. Attach additional sheets if necessary. 1. . 2. See �}eTcli.>< fay 3. GOO 4. 5. 6. 7. S. FORM#: 62- 343.900(1) Section A FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMFr APPLICATION DATE: October 3, 1995 PART 8: A. By signing this application form, I am applying, or I am applying on behalf of the applicant, for the permit and any proprietary authorizations identified above, according to the supporting data and other incidental information filed with this application. I am familiar with the information contained in this application and represent that such information is true, complete and accurate. I understand this is an application and not a permit, and that work prior to approval is a violation. I understand that this application and any permit issued or proprietary authorization issued pursuant thereto, does not relive me of any obligation for obtaining any other required federal, state, water management district or local permit prior to commencement of construction. I agree, or I agree on behalf of the applicant, to operate and maintain the permitted system unless the permitting agency authorizes transfer of the permit to a responsible operation entity. I understand that knowingly making any false statement or re presentation in this application is a violation of Section 373.430, F.S. and 18 U.S.C. Section 1001. Typed/Printed Name of Applicant (If no Agent is used) or Agent (If one is so authorized below) Signature of Applicant/Agent Date (Corporate Title if applicable) AN AGENT MAY SIGN ABOVE ONLY IF THE APPLICANT COMPLETES THE FOLLOWING: B. I hereby designate and authorize the agent listed above to act on my behalf; or on behalf of my corporation, as the agent in the processing of this application for the permit and/or proprietary authorization indicated above; and to fumish, on request, supplemental information in support of the application. In addition, I authorize the above - listed agent to bind me, or my corporation, to perform any requirements which may be necessary to procure the permit or authorization indicated above. I understand that knowingly making -any false statement or representation in this application is a vi 'on of Section 373.430, F.S. and 18 U.S.C. Section 1001. Typed/Printed Name of Applicant I Signature of Applicant (Corporate Title if applicable) Please note: The appticanes original signature (not a copy) is required above. PERSON AUTHORIZING ACCESS TO :THE PROPERTY MUST COMPLETE THE FOLLOWING: C. I either own the property described'in this application or I have legal authority to allow access to the property, and I consent, after receiving prior notification, to any site visit on the property by agents or personnel from the Department of Environmental Protection, the Water Management District and the U.S. Army Corps of Engineers necessary for the review and inspection of the proposed project specified in this application. I authorize these agents or personnel to enter the property as many times as may be necessary to make such review and inspection. Further, I agree to provide entry to the project site for such agents or personnel to monitor permitted work if a permit is granted. I r."I rinted Name of Applicant ( Signature of Applicant Date (Corporate Title if applicable) SECTION C Environmental Resource Permit Notice of Receipt of Application Note: this form does not need to be submitted for noticed general permits, This information is required in addition to that required in other sections of the application_ Please submit five copies of this notice of receipt of application and all attachments with the other required information. Please submit all information on 8 1/2" x 11" paper. Project Name Rezr-m +io•, Ce,-,+e, Docking F4cifi1-y County pinel145 Owner Cil! aP Clla.uetfr� Applicant: Ci}y aiGlea /tJefrr C/O t.Jillk. Mar ,-;S 1Direc4vrIY"taft.,e a,.d Rwafro,. Applicant's Address: :�S CaL ks 'et.1a y Blvd i Bl �- 1. Indicate the project boundaries on a USGS quadrangle map. Attach a location map showing the boundary of the proposed activity. The map should also contain a north arrow and a graphic scale, show Section(s), Township(s), and- Range(s); and must be of sufficient detail to allow a person unfamiliar with the site to find it AFpe id ix A 2. Provide the names of all wetlands, or other surface waters that would be dredged, filled, impounded, diverted, drained, or would receive discharge (either directly or indirectly), or would otherwise be impacted by the proposed activity, and specify if they are in an Outstanding Florida Water or Aquatic Preserve: n'lcncialaj! CitGrr+el. I pw�+ &9 +),s Pinellas Cou.�4f AtLc.4iC PreServe ano� CL •, Out lancli.,3 �.,d, a l.Ja 3. Attach a depiction (pIanpandsectiori rsh©ws the works or other facilities proposed to be constructed. Use multiple sheets, if necessary. Use a scale su;fliient to show the location and type of works. 4. Briefly describe the proposed project (such as "construct dock with boat shelter ", "replace two existing culverts ", "construct surface water management system to serve 150 acre residential development'): Ttit C ;3 aF GitRrW�('ti Fe— PoBeS, ..+* canStrlac� a 15'4-5"P �+,u1 }i—u5t d aejei�9 4c0;4y. 5. Specify the acreage of wetlands or other surface waters, if any, that are proposed to be filled, excavated, or otherwise disturbed or impacted by the proposed activity: filled_ ac.; _ excavated ac.; other impacts . .Z7 ac. 6. Provide a brief statement describing any proposed mitigation for impacts to wetlands and other surface waters (attach additional sheets if necessary): No ;% p ropoSed as a co.�+po��.,t of f%ti s p�ojlt�' FOR AGENCY USE ONLY Application Name: . Application Number: Office where the application can be inspected: Note to Notice recipient: The information in this notice has been submitted by the applicant, and has not been verified by the agency. It may be incorrect, incomplete or may be subject to change. FORM #:62- 343900(1) Section C FORM TITLE: JOINT ENNTRONMENTAL RESOURCE PERMrr APPLICATION DATE: October 3, 1995 SECTION C Environmental Resource Permit Notice of Receipt of Application Note: this form does not need to be submitted for noticed general permits, This information is required in addition to that required in other sections of the application_ Please submit five copies of this notice of receipt of application and all attachments with the other required information. Please submit all information on 8 1/2" x 11" paper. Project Name Rezr-m +io•, Ce,-,+e, Docking F4cifi1-y County pinel145 Owner Cil! aP Clla.uetfr� Applicant: Ci}y aiGlea /tJefrr C/O t.Jillk. Mar ,-;S 1Direc4vrIY"taft.,e a,.d Rwafro,. Applicant's Address: :�S CaL ks 'et.1a y Blvd i Bl �- 1. Indicate the project boundaries on a USGS quadrangle map. Attach a location map showing the boundary of the proposed activity. The map should also contain a north arrow and a graphic scale, show Section(s), Township(s), and- Range(s); and must be of sufficient detail to allow a person unfamiliar with the site to find it AFpe id ix A 2. Provide the names of all wetlands, or other surface waters that would be dredged, filled, impounded, diverted, drained, or would receive discharge (either directly or indirectly), or would otherwise be impacted by the proposed activity, and specify if they are in an Outstanding Florida Water or Aquatic Preserve: n'lcncialaj! CitGrr+el. I pw�+ &9 +),s Pinellas Cou.�4f AtLc.4iC PreServe ano� CL •, Out lancli.,3 �.,d, a l.Ja 3. Attach a depiction (pIanpandsectiori rsh©ws the works or other facilities proposed to be constructed. Use multiple sheets, if necessary. Use a scale su;fliient to show the location and type of works. 4. Briefly describe the proposed project (such as "construct dock with boat shelter ", "replace two existing culverts ", "construct surface water management system to serve 150 acre residential development'): Ttit C ;3 aF GitRrW�('ti Fe— PoBeS, ..+* canStrlac� a 15'4-5"P �+,u1 }i—u5t d aejei�9 4c0;4y. 5. Specify the acreage of wetlands or other surface waters, if any, that are proposed to be filled, excavated, or otherwise disturbed or impacted by the proposed activity: filled_ ac.; _ excavated ac.; other impacts . .Z7 ac. 6. Provide a brief statement describing any proposed mitigation for impacts to wetlands and other surface waters (attach additional sheets if necessary): No ;% p ropoSed as a co.�+po��.,t of f%ti s p�ojlt�' FOR AGENCY USE ONLY Application Name: . Application Number: Office where the application can be inspected: Note to Notice recipient: The information in this notice has been submitted by the applicant, and has not been verified by the agency. It may be incorrect, incomplete or may be subject to change. G SECTION E FORM #: 62- 343.900(1) Section E FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERNIIT APPLICATION DATE: October 3, 1995 INFORMATION REQUESTED FOR STANDARD GENERAL, INDIVIDUAL AND CONCEPTUAL ENVIRONMENTAL RESOURCE PERMIT APPLICATIONS NOT RELATED TO A SINGLE FAMILY DWELLING UNIT Please provide the information requested below if the proposed project requires either a standard general, individual, or conceptual approval environmental resource permit and is not related to an individual, single family dwelling unit, duplex or quadruplex. The information listed below represents the level of information that is usually required to evaluate an application. The level of information required for a specific project will vary depending on the nature and location of the site and the activity proposed. Conceptual approvals generally do not require the same level of detail as a construction permit. However, providing a greater level of detail will reduce the need to submit additional information at a later date. If an item does not apply to your project, proceed to the next item. Please submit all information that is required by the Department on either 8 1/2 in. X 11 in. paper or 11 in. X 17 in. paper. Larger drawings may be submitted to supplement but not replace these smaller drawings. Site Information A. Provide a map(s) of the project area and vicinity delineating USDA/SCS soil types. t I)A B. Provide recent aerials, legible for photo interpretation with a scale of V = 400 f , or more detailed, with project boundaries delineated on the aerial. See Ap pena! ix J1 C. Identify the seasonal-high water or mean high tide elevation and normal pool or mean low tide elevation for each on site wetland or surface water, including receiving waters into which runoff will be discharged. Include dates, datum, and methods used to determine these elevations.-See AM,,dix 9 D. Identify the wet season high water tables at the locations representative of the entire project site. Include dates, datum, and methods used to determine these elevations. NlA II. Environmental Considerations A. Provide results of any wildlife surveys that have been conducted on the site, and provide any comments pertaining to the project from the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service. —e. ppencl ;X C Avv;clance ci- YV1 i..in, i.az .Hn. '4-.Pouf B. Provide a description of how water quantity, quality, hydroperiod, and habitat will be maintained in on- site wetlands and other surface waters that will be preserved or will remain undisturbed. -e'en Appe -d �K C tq lo, -d4u ce and Zep,,r f C. Provide a narrative description of any proposed mitigation plans, including purpose, maintenance, monitoring, and construction sequence and techniques, and estimated costs. See AppeAd;x C Ave) dance C nd 1 -►�;,. j., iz� +;o:� D. Describe how boundaries of wetlands or other surface waters were determined. If there has ever been a jurisdictional declaratory statement, a formal wetland determination, a formal determination, a validated informal determination, or a revalidated jurisdictional determination, provide the identifying number. 1-jE'e AMnd;�( t; �orl- E. Impact Summary Tables: For all projects, complete Tables 1, 2 and 3 as applicable. 2. For docking facilities or other structures constructed over wetlands or other surface waters, provide the information requested in Table 4. For shoreline stabilization projects, provide the information requested in Table 5. G�_ 3 FORM# -. 62- 343.900(1) Section E FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: October 3, 1995 III. Plans Provide clear, detailed plans for the system including specifications, plan (overhead) views, cross sections (with the locations of the cross sections shown on the corresponding plan view), and profile (longitudinal) views of the proposed project. The plans must be signed and sealed by a an appropriate registered professional as required by law. Plans must include a scale and a north arrow. These plans should show the following: A. Project area boundary and total land area, including distances and orientation from roads or other land marks; :5ee P ppe nclix B. Existing land use and land cover (acreage and percentages), and on -site natural communities, including wetlands and other surface waters, aquatic communities, and uplands. Use the Florida Land Use Cover & Classification System (FLUCCS)(Level 3) for projects proposed in the South Florida Water Management District, the St. Johns River Water Management District, and the Suwannee River Water Management District and use the National Wetlands Inventory (NWI) for projects proposed in the Southwest Florida Water Management District. Also identify each r community with a unique id ntificat' n number which must be consistent in all exhibits. �e )4 2n - i Y '> 1�� s/ n zap -,e.e Appe -call H �,- t„ Ue f 14,lds Pp C. The existing topography extending at least 100 feet off the project area, and including adjacent wetlands and other surface waters. All topography shall include the location and a description of known benchmarks, referenced to NGVD. For systems waterward of the mean high water (MHW) or seasonal high waterlines, show water depths, referenced to mean low water (MLW) in tidal areas or seasonal low water in non -tidal areas, and list the range between MHW and MLW. For docking facilities, indicate the distance to, location of, and depths of the nearest navigational channel and access routes to the channel. See Append ix S -D. If the project is in the known flood plain of a stream or other water course, identify the following: 1) the flood plain boundary and approximate flooding elevations; and Z) the 100 -year flood elevation and floodplain boundary of any lake, stream or other watercourse located on or adjacent to the site; E. The boundaries of wetlands and other surface waters within the project area. Distinguish those wetlands and other surface waters that have been delineated by any binding jurisdictional determination;c�e�nd iX D NO X6,';5 ;CNG:.c.l Pv,- +.4is P,4;ect. Un a1°ie5. F_ Proposed land use, land cover and natural communities (acreage and percentages), including wetlands and other surface waters, undisturbed uplands, aquatic communities, impervious surfaces, and water management areas. Use the same classification system and community identification number used in III (B) above. G. Proposed impacts to wetlands and other surface waters, and any proposed connections /outfalls to other surface waters or wetlands; Sec Append; x- b H. Proposed buffer zones; NJ 1A I. Pre- and post- development drainage patterns and basin boundaries showing the direction of flows, including any off -site runoff being routed through or around the system; and connections between wetlands and other surface waters; N /6 J. Location of all water management areas with details of size, side slopes, and designed water depths; N 1A K. Location and details of all water control structures, control elevations, any seasonal water level regulation schedules; and the location and description of benchmarks (minimum of one benchmark per structure); 1J 1a L. Location, dimensions and elevations of all proposed structures, including docks, seawalls, utility lines, roads, and buildings; See A-ffe,,d)',< P M. Location, size, and design capacity of the internal water management facilities; NJA 'W37K/sc FORM4: 62- 343.900(1) Section E FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: October 3, 1995 N. Rights -of -way and easements for the system, including all on -site and off -site areas to be reserved for water management purposes, and rights -of - -way and easements for the existing drainage system, if any; N JA O. Receiving waters or surface water management systems into which runoff from the developed site will be discharged; N/A P. Location and details of the erosion, sediment and turbidity control measures to be implemented during each phase of construction and all permanent control measures to be implemented in post- development conditions; See APpe,,dh( .D P)An Vie J Q. Location, grading, design water levels, and planting details of all mitigation areas; N/A R. Site grading details, including perimeter site grading; N /Jl S. Disposal site for any excavated material, including temporary and permanent disposal sites; N/A T. Dewatering plan details; N1A U. For marina facilities, locations of any sewage pumpout facilities, fueling facilities, boat repair and maintenance facilities, and fish cleaning stations; No ie cisse c ir,+ed w i4-i, 4-Mts T ro ee_4- V. Location and description of any nearby existing offsite features which might be affected by the proposed construction or development such as stormwater management ponds, buildings or other structures, wetlands or other surface waters. N /�} W. For phased projects, provide a master development plan. N1A `;IV. Construction Schedule and Techniques Provide a construction schedule, and a description of construction techniques, sequencing and equipment. This information should specifically include the following: A. Method for installing any pilings or seawall slabs; See Appencjix l3 B. Schedule of implementation of temporary or permanent erosion and turbidity control measures; See I4PPe^dix D p)a, vi.-4 -FDr plr 4e ne,i+ of +t_,4>ie14X C. For projects that involve dredging or excavation in wetlands or other surface waters, describe the method of excavation, and the type of material to be excavated; q I A D. For projects that involve fill in wetlands or other surface waters, describe the source and type of fill material to be used. For shoreline stabilization projects that involve the installation of riprap, state how these materials are to be placed, (i.e., individually or with heavy equipment) and whether the rocks will be underlain with filter cloth; NJ F} E. If dewatering is required, detail the dewatering proposal including the methods that are proposed to contain the discharge, methods of isolating dewatering areas, and indicate the period dewatering structures will be in place (Note: a consumptive use or water use permit may by required); q / A F. Methods for transporting equipment and materials to and from the work site. If barges are required for access, provide the low water depths and draft of the fully loaded barge; See APpe d ,)( G. Demolition plan for any existing structures to be removed; and n/IA H. Identify the schedule and party responsible for completing monitoring, record drawings, and as-built certifications for the project when completed. SCI.E'gutlt ichJCisY r ;ntd , J�evben C%I4rsOn P.r, FORM*. 62- 343.900(1) Section E FORM TITLE: JOINTENViRONMENTAL RESOURCE PERMIT APPLICATION DATE: October 3, 1995 V. Drainage Information No+ A. Provide pre - development and post - development drainage calculations, signed and sealed by an appropriate registered professional, as follows: 1. Runoff characteristics , including area, runoff curve number or runoff coefficient, and time of concentration for each drainage basin; 2. Water table elevations (normal and seasonal high) including aerial extent and magnitude of any proposed water table draw down; 3. Receiving water elevations (normal, wet season, design storm); 4. Design storms used including rainfall depth, duration, frequency, and distribution; 5. Runoff hydrograph(s) for each drainage basin, for all required design storm event(s); 6. Stage- storage computations for any area such as a reservoir, close basin, detention area, or channel, used in storage routing; 7. Stage - discharge computations.for any storage areas at a selected control point, such as control structure or natural restriction; 8. Flood routings through on -site conveyance and storage areas; 9. Water surface profiles in the primaryy drainage system_for each required design storm event(s); 10. Runoff peak rates and volumes discharged from the system for each required design storm event(s); 11. Tail water history and justification (time and elevation); and 12. Pump specifications and operating curves for range of possible operating conditions (if used in system). B. Provide the results of any percolation tests, where appropriate, and soil borings that are representative of the actual site conditions; C. Provide the acreage, and percentages of the total project, of the following: I. Impervious surfaces, excluding wetlands; 2. Pervious surfaces (green areas, not including wetlands); 3. Lakes, canals, retention areas, other open water areas; and 4. Wetlands. D. Provide an engineering analysis of floodplain storage and conveyance (if applicable), including: I . Hydraulic calculations for all proposed traversing works; 2. Backwater water surface profiles showing upstream impact of traversing works; 3. Location and volume of encroachment within regulated floodplain(s); and /Jh 7 VY5-e�� FORM#: 62- 343.900(1) Section E FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: October 3, 1995 4. Plan for compensating floodplain storage, if necessary, and calculations required for determining minimum building and road flood elevations. t41.4 E. Provide an analysis of the water quality treatment system including: N /A A .description of the proposed stoimwater treatment methodology that addresses the type of treatment, pollution abatement volumes, and recovery analysis; and N/A 2. Construction plans and calculations that address stage - storage and design elevations, which demonstrate compliance with the appropriate water quality treatment criteria. Ni A F. Provide a description of the engineering methodology, assumptions and references for the parameters listed above, and a copy of all such computations, engineering plans, and specifications used to analyze the system. If a computer program is used for the analysis, provide the name of the program, a description of the program, input and output data, two diskette copies, if available, and justification for model selection. &/)A VI. Operation and Maintenance and Legal Documentation A. Describe the overall maintenance and operation schedule for the proposed system. B. Identify the entity that will be responsible for operating and maintaining the system in perpetuity if different than the permittee, a draft document enumerating the enforceable affirmative obligations on the entity to properly operate and maintain the system for its expected life, and documentation of the entity's financial responsibility for long- term maintenance. If the proposed operation and maintenance entity is not a property owner's association, provide proof of the existence of an entity, or the future acceptance of the system by an entity wti&will operate and maintain the system. If a property owner's association is the proposed: operation and mamtenance entity; provide copies of the - articles of incorporation for the association and copies of the": declaration, restrictive covenants; deed restrictions, or other operational documents that assign responsibility for the operation and maintenance of the system. Provide information ensuring the continued adequate access to the system for maintenance purposes: Before transfer of the system to the operating entity will be approved, the permittee must document that the transferee will be bound by all terms and conditions of the permit. C. Provide copies of all proposed conservation easements, storm water management system easements, property owner's association documents, and plats for the property containing the proposed system. t4J4 D. Provide indication of how water and waste water service will be supplied Letters of commitment from oft -site suppliers must be included. Iv' 1 A E. Provide a copy of the boundary survey and/or legal description and acreage of the total land area of contiguous property owned/controlled by the applicant. SPe F -Pa, �eJa 1 deSCr,p1—i or, i ppe,� cl i >< VII. Water Use , t' A. Will the surface water system be used for water supply, including landscape irrigation, or recreation. B. If a Consumptive Use or Water Use permit has been issued for the project, state the permit number. C. If no Consumptive Use or Water Use permit has been issued for the project, indicate if such a permit will be required and when the application for a permit will be submitted. Indicate how any existing wells located within the project site will be utilized or abandoned. FORM #: 62- 343.900(1) Section E FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: October 3, 1995 TABLE 1 Project Impact Summary WL & SW ID. WL & SW TYPE WL & SW SIZE (ac.) ON SITE WL & SW ACRES NOT IMPACTED PERMANENT DAPACTS TO WL & SW TEMPORARY IMPACTS TO WL & SW MITIGATION ID )+'- ; =k IIvvIPACT SIZE (acres) IMPACT CODE IMPACT SIZE (acres) IMPACT CODE 1 :. AJJA v [\/)A WL = Wetland; SW = Surface water; ID = Identification number, letter, etc. Wetland Type: Use an established wetland classification system and, in the comments section below, indicate which classification system is being used. Impact Code (Type): D = dredge; F = fill; H = change hydrology; S = shading; C = clearing; O = other. Indicate the final impact if more than one impact type is proposed in a given area. For example, show F only for an area that will first be demucked and then backfilled. Note: Multiple entries per cell are not allowed, except in the "Mitigation ID" column. Any given acreage of wetland should be listed in one row only, such that the total of all rows equals the project total for a given category (column). For example, if Wetland No. 1 includes multiple wetland types and multiple impact codes are proposed in each type, then each proposed impact in each wetand type should be shown on a separate row, while the size of each wetland type found in Wetland No. 1 should be listed in only one row. Comments: W' � �-j 7 W- 5 -- e FORM #: 62- 343.900(1) Section E FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERNUT APPLICATION DATE: October 3, 1995 Table 5: SHORELINE STABILIZATION IF YOU ARE CONSTRUCTING A SHORELINE STABILIZATION PROJECT, PLEASE PROVIDE THE FOT.T.ownvr• KIIJ2 Type of Stabilization Length (in Length (in Length (in Length (in Slope: Width of Being Done feet) of feet) of feet) of feet) of H: the Toe (in New Replaced Repaired Removed V: feet) Vertical Seawall Seawall plus Rip - Rap Rip -Rap Rip -Rap plus Vegetation Other Type of Stabilization Being Done: Size of the Rip Rap: Type of Rip i ap COMMENTS: TABLE 2 A //� ON -RTTF. MTTTaATTt'IN CTTlVMARY I FORM#: 62- 343.900(1) Section E FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: October 3, 1995 MITIGATION ID CREATION RESTORATION ENHANCEMENT WETLAND PRESERVE =a -�,;.. UPLAND PRESERVE OTHER AREA TARGET TYPE AREA TARGET TYPE AREA TARGET TYPE AREA TiARUET TYPE`;, AREA TARGET TYPE AREA TARGET TYPE PROJECT TOTALS. r gists '� s f 1 � 1 � ,X � Z,, xfix �s�4 'r x�• tss Xr 3 1� 3 { 1�, 4� . 4 %� +a"£�. - k y t 4 a N CODES (multiple entries per cell not allowed): Tareet Tvoe or TVDe = tareet or exisfine hahitat tvne from an estahlished wetland classificatinn svctem nr land nce clacsi non - wetland mitigation COMMENTS: tication for 4v TABLE 3 t\1 r (1FF_QTTA AA7TTf! A TT/%LT CST T1 AX A A Tlv / FORM #: 62- 343.900(1) Scction E FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: October 3, 1995 MITIGATION CREATION RESTORATION ENHANCEMENT WETLAND PRESERVE UPLAND PRESERVE OTHER AREA TARGET TYPE AREA TARGET TYPE AREA TARGET TYPE AREA TARGET TYPE AREA TARGET TYPE AREA TARGET TYPE PROJECT TOTALS: x3� <f j t k v Y ,Ft r i... CODES (multiple entries per cell not allowed): Target Type = target or existing habitat type from an established wetland classification system or land use classification for non - wetland mitigation zC=- U � o U v (� ,0 M o C's C8 cq Cd o, U � W 0 a w r Q m I 1�7 T_ TV H.R� IN I SO nil I mal-* A jr -41 —1 W� �7o 0 atr v, 4 it I N— I OR 71 ya^� ) . ,� r s'. � x ail ,.� _ M-6 ........... 04, R Vd. 0 -TZ WA SW -3 sw SW-1! • - SW 7 Vic _75 MN Project Location 4 fit✓ Q Q Q z Q i 1 { 7 S i 4 LU # E a ` r f 4 Q Q Q z Q i 1 { N :DTTExisting Seawall M N Delta Sesm 1947 -1952 Aerials WIT war, k r _ 5?,�'.� t, - � R �; m1 ,� _•� r 9-�,�' � $S'� p� x � a_�g '£{�..�'r� -�r�;J,R�trF��i._ nk. F� � {�' r• , ^�. -' �"y�.`.� "`"'rtY'.r u i v �"�4�Pk2 ��i,�� a• e��.r�� L T�ar��r. t ;.1 • i' �s- ,."�'- A� � Fa. r Z'�`'v yi�e "5"t ` - -rfs i� c+ -5 =�,r r i .,, s4ti,�,3 �' � � � rm 7d r�r E��^. �vn„t s'-� "6` ✓.�.�. 'i, i 1 ara' lkiiyr,� -;x.• �` >.i4.5 .xr , �,+f si. 'i2s't +n mr. V, i - y - • r '�d �..,'��r F'tpr{"k aw �.� §� .,.rte+• ,r°'�t�+z'$ qtr �-y K�w, x Copyright (C) 1997, Maptech, Inc. 8 °5'00 " 11F I I I 1 1 1 I 1 I °4'00 " Ij xf � h cu s r f - CD CO LO ° ti °�° ' ► l �+ �4M' 4se LO n cli 7{. �`'�`1 k uuuu le t -r N jam, s y �... `4 'o, N Cleamater Beach O Cr Olift 1 .••,� - _ .._ ,.�.� _4 s -4�Sa` - 1 rF + 71F� Ts �' .x �. �l'.: 60 Co N fp 3 Sh r! ,f�,� •sue �' •,,,.� �' ,,k` S�a�, '� - In N rj�y} .. .0 �� {�p 3K. _� ��Y'�� 1. '• 3 1 N. 4*W S. �0' 8 010' X j4 Copyright (C) 1997, Maptech, Inc. IN ON N . Location of Attempted Mangrove Mitigation t hey r 1y�•. a -s4� :. got v c tl 9 u � All fV C-L£437�1�5- n Appendix B Water Quality and Tidal Information CG A� 375�/S. FLORIDA DM. COMULTAIH INC ENGINEERS, ENVIRONMENr'ALISTS, SURVEYORS & PLANNERS It is my professional opinion that the tidal basin exchange calculation provided'heren; meets the design criteria of 3.2.4.3; ()3) e7;M Octavio Cabrera, P.E. #14663 Engineer of Record 7 (2--3/62-- date e 0 N O O N 1 Q' FxrHANGFf) PER EACH TIDE NOTE: CALCULATIONS ARE BASED ON. A SQUARL CROSS SECTION NOT A BASIN SECTION WHICH DOESN'T CONSIDER WIND DRIVEN EXCHANGE IN ANY MANNER. ,.r . iI F1.OfiDA DESIGN COISM400TANTSy M rn it . [�vr+awrtx►•usrs, waveras . PLAMd= 2639 McCormick Dr. Cleorwaler FL. 33759 Teb (727) 724 -8422 - Fax. (727) 724 -8606 MHW = 1.4 NGVD 29 —0.5 NGVD 29 i0 —8FT PROJECT No. 997 -182 FIGURE. 13 ,--go z 80 w U z 70 0 U 1-60 z 0 50 ry Li 40 Q 30 � 20 a J V O 0 n 10 QD 0 N C O REDUCTION IN POLLUTANT CONCENTRATION AS A RESULT OF TIDAL EXCHANGE (BASED ON 26% VOLUME EXCHANGE /TIDE CYCLE) FLUSHING TIME 9 z DESCRIPTION, PROJECT No. BELLE HARBOR -WATER EXCHANGE EXHIBIT OCTAVIO CABRERA, P.E. 14663 997 -182 cc DATE. FIGURE: T FLORA DESIGN CONSULTANTS, INC 9/4/02 � fI ENGINEERS, ENVIRONMENTALISTS, SURVEYORS 6 PLANNERS F�, �(.]�, � e�� ,U Y �l \ J �`t �l DRAWN BY, 13 2639 McCormick Dr. Clearwater FL, 33759 `�•. Genered /;RY7 +C'Rli:Nlditll c ii 1.51i(:b1,Q Tel, (727) 724 -8422 - Fax: (727) 724 -8606 UL ©Copyright 2005 Florida Design Consultants, Inc. Drawings and concepts may not be used or reproduced without written permission. Date: G� Page 1 of 1 A�)7 9V Department of Jeb Bush Governor David B. Struhs Environmental Protection Secretary Marjorie Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, FL 32399 -3000 MS 105 Mean High Water Procedure Approval Name: Address: Phone: —County: Point Identification Number: 696 Mean High Water (MHW) : 1.28A Mean.. ?Low Water (MLW):_ -0.69 ft Datum: NGVD 1929 Unit of Measurement: Feet;'. Tidal Epoch: 1960 -1978 Procedure: Extend the above MHW height onto job site. Source of Data: The Land Boundary Information System internet web site (www.labins.org) This form constitutes approval of the method to be used to survey the mean high water line within one half mile of the point identified above. Retain this form for record keeping. Submit a copy of it with the completed survey to the Bureau of Survey and Mapping within 90 days of the completion of the survey. Contact: Division of State Lands Bureau of Surveying and Mapping (850)245 -2606 Protect, Conserve and Manage Florida s Environment and Natural Resources www.dep,state.fl.us http: / /gsdb.freac.fsu.edu :8080 /imf /MHW /imfldentifylnterpolation.j sp ?x1= 515235.429393... 4/19/2005 R 3 7 CLIENT : Delta Seven ORL36312 ADDRESS: P.O. Box 3241 31, 2005 St. Petersburg, FL 33731 6, 2005 14, 2006 ATTENTION: Dana Gaydos REPORT ## DATE SUBMITTED: March DATE REPORTED : April DATE AMENDED : June PAGA 1 OF 13 SAMPLE IDENTIFICATION - Samples submitted and identified by client as: REFERENCE: Clearwater Recreation Center .Docking Facility .. 03/30/05 ORL36312 -1 : SW -1 SURFACE @ 10:50 ORL36312 -2 : SW -2 @ 10:40 ORL36312 -3 : SW -3 @ 11:05 ORL36312 -4 : SW -4 SURFACE @ 11:20 ORL36312 -5 : SW -5 SURFACE @ 11:45 ORL36312 -6 : SW -6 @ 11:35 ORL36312 -7 : SW -7 SURFACE @ 12:00 ORL36312 -8 : SW -8 @ 12:15 Unless otherwise noted in an attached project narrative, all samples were received in acceptable condition and processed in accordance with the referenced methods /procedures. This data has been produced in accordance with NELAC Standards (July, 2002). This report shall not be reproduced except in full, without the written approval of the laboratory. Results for these procedures apply only to the samples as submitted. PROJECT MANAGER Ronald Wambles ENCO LABORATORIES REPORT # : ORL36312 DATE REPORTED: April 6, 2005 DATE AMENDED : June 14, 2006 REFERENCE : Clearwater Recreation Center Docking Facility PAGE 2 OF 13 RESULTS OF ANALYSIS r33 q: 4, a TOTAL METALS METHOD' SW -1. SURFACE SW -2 Units Aluminum 200.7 0.20 U 0.20 U mg /L Date Analyzed 04/05/05 11:10 04/05/05 11:17 Arsenic 200.7 10 U 10 U ug /L Date Analyzed 04/05/05 11:10 04/05/05 11:17 Cadmium 200.7 1.0 U 1.0 U ug /L Date Analyzed 04/05/05 11:10 04/05/05 11:17 Copper 220.2 1.0 U 1.0 U ug /L Date Analyzed 04/04/05 04/04/05 Lead 239.2 5.0 U 5.0 U pg /L Date Analyzed 04/02/05 04/02/05 3 -::�'-+ L4 S — CS-Co Manganese 200.7 0.010 U mg /L Date Analyzed 04/05/05 11:10 Nickel 200.7 2.0 U pg /L Date Analyzed 04/05/05 11:10 Potassium 200.7 430 mg /L Date Analyzed 04/05/05 15:55 Sodium 200.7 9700 mg /L Date Analyzed 04/05/05 15:55 Zinc 200.7 12 ug /L Date Analyzed 04/05/05 11:10 0.010 U 04/05/05 11:17 2.0 U * 04/05/05 11:17 540 04/05/05 16:00 12000 04/05/05 16:00 14 04/05/05 11:17 * = Laboratory MDL. U = Compound was analyzed for but not detected to the level shown. F x " ENCO LABORATORIES REPORT # ORL36312 'DATE REPORTED: April 6, 2005 DATE AMENDED June 14 2006 REFERENCE Clearwater Recreation Center Docking Facility PAGE 3 OF 13 RESULTS OF ANALYSIS EPA METHOD 300 - Anions by IC SW -1 SURFACE SW -2 Units Nitrite -N mg /L Nitrate -N mg /L Date Analyzed 1.0 U 1.1 03/31/05 15:23 1.0 U 1.0 U 03/31/05 16:19 MISCELLANEOUS METHOD SW -1 SURFACE SW -2 Units Ammonia -N 350.1 0.020 U 0.020 U mg /L 04/01/05 16:10 04/01/05 16:15 Date Analyzed Orthophosphate -P 365.1 mg /L Date Analyzed 0.064 04/01/05 09:20V 0.065 04/01/05 09:29 FIELD PARAMETERS METHOD SW -1 SURFACE SW -2 Units pH -field 150.1 8.2 8.2 S.U. 03/30/05 10:50 03/30/05 10:40 Date Analyzed Temp -field 23.5 NR Deg. C ,..f� �;4'° ': Date Analyzed 03/30 =Q5 10:50 NR = Analysis not requested for this sample. U = Compound was analyzed for but not detected to the level shown. ENCO LABORATORIES REPORT # : ORL36312 DATE REPORTED: April 6, 2005 DATE AMENDED : June 14, 6�� q (4 Y 5 - C)� REFERENCE Clearwater Recreation Center Docking Facility PAGE 4 OF 13 RESULTS OF ANALYSIS TOTAL METALS METHOD S',f -3 SW -4 SURFACE Units Aluminum 200.7 0.20 U 0.20 U mg /L Date Analyzed 04/05/05 11:24 04/05/05 11:31 Arsenic 200.7 10 U _. 10 U ug /L Date Analyzed 04/05/05 11:24 04/05/05 11:31 Cadmium 200.7 1.0 U 1.0 U ug /L Date Analyzed 04/05/05 11:2,4 ,,04/05/05 11:31 Copper 220.2 1. 0` U 1.0 U ug /L Date Analyzed 04/04/05 04/04/05 Lead 239.2 5.0 U 5.0 U ug /L Date Analyzed 04/02/05 04/02/05 Manganese 200.7 0,.010 U 0.010 U mg /L Date Analyzed 04/05/05 11:24 04/05/05 11:31 Nickel 200.7 2.0 U * 2.0 U ug /L Date Analyzed 04/05/05 11:24 04/05/05 11:31 Potassium 200.7 470 440 mg /L Date Analyzed 04/05/05 16:05 04/05/05 16:10 Sodium 200.7 10000 9800 mg /L Date Analyzed 04/05/05 16:05 04/05/05 16:10 Zinc 200.7 pg /L Date Analyzed --c-A —�f) --I q `-i S - Co 10 04/05/05 11:24 10 04/05/05 11:31 * = Laboratory MDL. U = Compound was analyzed for but not detected to the level shown. ENCO LABORATORIES REPORT # : ORL36312 DATE REPORTED: April 6, 2005 DATE AMENDED June 14, 2006 REFERENCE s Clearwater Recreation Center Docking Facility PAGE 5 OF 13 RESULTS OF ANALYSIS EPA METHOD 300 - Anions by IC SW -3 SW -4 SURFACE Units Nitrite -N = 11.0 U 1.0 U mg /L Nitrate -N 1.0` U 1.0 U mg /L Date Analyzed 0%3.1/05 16:37 03/31/05 16:56 MISCELLANEOUS METHOD SW -3 SW -4 SURFACE Units Ammonia -N 350.1 0.020 U 0.020 U mg /L Date Analyzed 04/01/05 16:16 04/01/05 16:17 Orthophosphate -P 365.1 0.065 0.065 mg /L 3�L1y5- Date Analyzed 04/01/05 09:30 04/01/05 09:31 FIELD PARAMETERS METHOD SW -3 SW -4 SURFACE Units pH -field 150.1 8.2 8'1 S.U. 03/30/05 11:05 03/30/05 11:20 Date Analyzed Temp -field 170.1 Deg. C Date Analyzed NR 123.3 03/30/05 11:20 NR Analysis not requested for this sample. U = Compound was analyzed for but not detected to the level shown. ENCO LABORATORIES REPORT # ORL36312 :.DA,TE REPORTED: April 6, 2005 DATA:` :AMENDED June 14, 2006 REFERENCE Clearwater Recreation Center Docking Facility PAGE 6 OF 13 RESULTS OF ANALYSIS TOTAL METALS METHOD SW -5 SURFACE SW -6 Units Aluminum 200.7 0.20 U 0.20 U mg /L * = Laboratory MDL. U = Compound was analyzed for but not detected to the level shown. ENCO LABORATORIES REPORT # : ORL36312 DATE REPORTED: April 6, 2005 04/05/05 11:38 04/05/05 14:19 Date Analyzed Arsenic 200.7 10 U 10 U Pg /L 04/05/05 11:38 04/05/05 14:19 Date Analyzed Cadmium 200.7 1.0 U 1.0 U ug /L 04/05/05 11:38 04/05/05 14:19 Date Analyzed 220.2 1.0 U 1.0 U Copper ug /L 04/04/05 04/04/05 Date Analyzed Lead 239.2 5.0 U 5.0 U ug /L 04/02/05 04/02/05 Date Analyzed 200.7 0.010 U 0.010 U Manganese mg /L 04/05/05 11:38 04/05/05 14:19 Date Analyzed Nickel 200.7 2 -0 U,* 2.0 U * ug /L �- k .. - iRe:. 04/05/05 1�z38 04/05/05 14:19 Date Analyzed Potassium 200.7 ... 410 470 mg /L 04/0505 16:14 04/05/05 16:19 Date Analyzed Sodium 200.7 • 10000 10000 mg /L 04/0.5/05 16:14 04/05/05 16:19 Date Analyzed Zinc 200.7 10 10 �jg /L 04/05/05 11:38 04/05/05 14:19 Date Analyzed * = Laboratory MDL. U = Compound was analyzed for but not detected to the level shown. ENCO LABORATORIES REPORT # : ORL36312 DATE REPORTED: April 6, 2005 2006 Recreation EPA METHOD 300 CLnq3 -4 (-Aq5' -a�p DATE AMENDED June 14, REFERENCE Clearwater Center Docking Facility PAGE 7 OF 13 RESULTS OF ANALYSIS Anions by IC SW -5 SURFACE SW -6 Units Nitrite -N 1.0 U 1.0 U mg /L Nitrate -N .1.0 U - 1.0 U mg /L Date Analyzed 03/31/05 17:14 03/31/05 17:33 MISCELLANEOUS Ammonia -N mg /L Date Analyzed Orthophosphate-2 mg /L Date Analyzed 04/01/05 09:31 SW -6 0.020 U 04/01/05 16:22 0.063 04/01/05 09:32 FIELD PARAMETERS METHOD SW -5 SURFACE SW -6 Units pH -field 150.1 8.2 8.1 S.U. Date Analyzed 03/30/05 11:45 03/30/05 11:35 Temp -field 170.1 23.6 NR Deg. C Date Analyzed 03/30/05 11:45 6'C- �PA3-111 "�s "3-�p NR = Analysis not requested for this sample. U = Compound was analyzed for but not detected to the level shown. ENCO LABORATORIES REPORT # : ORL36312 DATE REPORTED: April 6, 2005 DATE AMENDED June 14, 2006 PREFERENCE Clearwater Recreation Center Docking Facility PAGE 8 OF 13 RESULTS OF ANALYSIS TOTAL METALS METHOD SW -7 SURFACE SW-8 Units Aluminum 200.7 0.20 U 0.20 U mg /L Date Analyzed 04/05/05 14:26 04/05/05 14:33 - Arsenic 200.7 10 U 10 U ug /L Date Analyzed 04/05/05 14:26 04/05/05 14:33 Cadmium 200.7 1.0 U 1.0 U leg /L Date Analyzed 04/05/05 14:26 04/05/05 14:33 Copper 220.2 1.0 U 1.0 U ug /L Date Analyzed 04/04/05 04/04/05 Lead 239.2 5.0 U 5.0 U pg /L Date Analyzed 04/02/05 04/02/05 C�t ]LT q L� �s I V V+ Manganese 200.7 0.010 U mg /L Date Analyzed 04/05/05 14:26 Nickel 200.7 2.0 U Date Analyzed yzed 04/05/05 14:26 Potassium 200.7 460 mg /L Date Analyzed 04/05/05 16:24 Sodium 200.7 10000 Date Analyzed Date 04/05/05 16:24 Zinc 200.7 10 Date Analyzed Date 04/05/05.14:26 0.010 U 04/05/05 14:33 2.0 U * 04/05/05 14:33 460 04/05/05 16:29 10000 04/05/05 16:29 10 04/05/05 14:33 * = Laboratory MDL. U = Compound was analyzed for but not detected to the level shown. x' ENCO LABORATORIES REPORT # ORL36312 DATE REPORTED: April 6, 2005 DATE AMENDED June 14, 2006 REFERENCE : Clearwater Recreation Center Rocking Facility PAGE 9 OF 13 RESULTS OF ANALYSIS EPA METHOD 300 - Anions by IC -7 SURFACE SW-8 Units Nitrite -N mg /L Nitrate -N mg /L Date Analyzed 1.0 U 1.0 U 03/31/05 17:51 1.0 U 1.0 U 03/31/05 18:10 MISCELLANEOUS METHOD SW -7 SURFACE SW -8 Units Ammonia -N 350.1 0.020 U 0.020 U mg /L Date Analyzed 04/01/05 16:23 04/01/05 16:24 Orthophosphate -P 365.1 0.068 0.068 mg /L 04/01/05 09:33 04/01/05 09:34 Date Analyzed FIELD PARAMETERS METHOD SW -7 SURFACE SW -8 Units pH -field 150.1 8.1 8.1 S.U. Date Analyzed ,0.3/30/05 12:00 03/30/05 12:15 NR Temp -field 17G.,-1'-:,- 23 , Deg. C Date Analyzed >0j3 34/05 12:00 NR = Analysis not requested for this sample. U = Compound was analyzed for but not detected to the level shown. ENCO LABORATORIES REPORT # : ORL36312 DATE REPORTED: April 6, 2005 DATE AMENDED June 14, � r3 y XA S - CSLD W.uez REFERENCE Clearwater Recreation Center Docking Facility PAGE 10 OF 13 RESULTS OF ANALYSIS TOTAL METALS METHOD LAB BLANK Units Aluminum 200.7 0.20 U mg /L Date Analyzed 04/05/05 10:35 Arsenic 200.7 10 U _. ug /L Date Analyzed 04/05/05 10:35 Cadmium 200.7 1.0 U ug /L Date Analyzed 04/05/05 10:35 Copper 220.2 1.0 U ug /L Date Analyzed 04/04/05 ,. Lead 239.2 5.0 U ug /L Date Analyzed 04/02/05 Manganese 20.0:'7 0.010 U mg /L - Date Analyzed 04/05/05 10:35 Nickel 200.7 2.0 I ug /L Date Analyzed 04/05/05 10:35 Potassium 200.7 0.50 U mg /L Date Analyzed 04/05/05 10:35 Sodium 200.7 0.50 U mg /L Date Analyzed 04/05/05 10:35 Zinc 200.7 10 U }zg /L Date Analyzed 04/05/05 10:35 U = Compound was analyzed for but not detected to the level shown. I = Analyte detected; value is between the Method Detection Level (MDL ) and the Method Quantitation Level (MQL). ENCO LABORATORIES REPORT # : ORL36312 DATE REPORTED: April 6, 2005 DATE AMENDED June 14, 2006 _. REFERENCE Clearwater Recreation Center Docking Facility PAGE 11 OF 13 RESULTS OF ANALYSIS EPA METHOD 300 - Anions by IC LAB BLANK Units Nitrite -N 0.10 U mg /L Nitrate -N 0.10 U mg /L Date Analyzed 03/31/05 11:23 MISCELLANEOUS METHOD LAB BLANK Units Ammonia -N 350.1 0.020 U mg /L Date Analyzed 04/01/05 16:08 Orthophosphate -P 365.1 mg /L Date Analyzed ��-(y5 -a, 0.040 U 04/01/05 09:27 U = Compound was analyzed for but not detected to the level shown. ENCO LABORATORIES REPORT # ORL36312 DATE REPORTED: April 6, 2005 DATE AMENDED June 14, 2006 REFERENCE Clearwater Recreation Center Docking Facility PAGE 12 OF 13 LABORATORY CERTIFICATIONS Laboratory Certification: NELAC:E83182 All analyses reported with this project were analyzed by the facility indicated unless identified below. PARAMETER LAB CERT #'s Coliform, Fecal, Std. Method 9222D No certification at Aluminum, NELAC:E87610 Arsenic, NELAC:E87610 Cadmium, NELAC:E87610 Potassium, NELAC:E87610 Manganese, NELAC:E87610 Sodium, NELAC:E87610 Nickel, NELAC :E87610 Zinc, NELAC:E87610 ENCO LABORATORIES REPORT # ORL36312 DATE REPORTED: April 6, 2005 DATE AMENDED June 14, 2006 REFERENCE Clearwater Recreation Center Docking Facility PAGE 13 OF 13 QUALITY CONTROL DATA RPD RPD Parameter MS MSD LIMITS TOTAL METALS Aluminum, 200.7 2 22 Arsenic, 200.7 <1 12 Cadmium, 200.7 2 12 Copper, 220.2 3 12 Lead, 239.2 <1 17 Manganese, 200.7 1 19 Nickel, 200.7 2 12 Potassium, 200.7 2 20 Sodium, 200.7 2 21 Zinc, 200.7 2 24 EPA Method 300 Nitrite -N <1 22 Nitrate -N <1 23 MISCELLANEOUS Ammonia -N, 350.1 <1 10 Orthophosphate -P, 365.1 * 20 RECOVERY LCS MS /MSD LCS /MS /MSD LIMITS LIMITS 98/ 99/ 97 77 -130 78 -125 102/103/102 82 -117 64 =126 101/102/100 72 -120 68 -121 102/ 96/ 99 80 -124 65 -140 102/102/102 85 -121 66 -140 98/ 98/ 97 76 -123 55 -146 100 /101/ 99 78 -116 64 -126 99/102/100 84 -112 53 -121 100/103/101 81 -120 29 -171 102%102/100 80 -120 63 -131 1.05/103/102 90 -110 48 -161 103/ 97/ 97 90 -110 40 -152 107:/104/1 0.5 90--110 100/; ..: */ * 90 =110 90 -110 90 -110 * = Confirmed high concentration of target analyte in the �3�u�s ' original sample. < = Less Than MS = Matrix Spike MS,D = Matrix Spike Duplicate LCS = Laboratory Control Standard RPD = Relative Percent Difference jUH -27- 2'c =,_,� - --:1---- rk_7;t J P. C, - J Daew 1 r i CERTIFICA4IE of A.NALyzkl ► E VCO Laboratories Clue Reported Dau Rorwic Wambles Oyd Rbumber Ordtr Number 10775 Central Pon Drive TAvoict No. Orlando,rL 32924 Oust0 Sampk Date Sample Time 413t2W5 3/30/2005 o5U3-00654 43393 LMS 3, (30/2005 10:50 PcMit 1`70, Cust P,O, Reissuod 6127106 w!coa. Subject: FCC4 Cali€a�a Aalyses For Clearwater Roc. Cntr Uuclsung Tat M *dL*d it..utc Units Dote Time Tech Fecal Cd*M sm 9222 U 4 I= tnL 3130120ms 16:10 APL yhv r =, Cmrl gjM AWMWr, &matted rt kcadww 1, 4 4 7WAP0 —W Fecal COMM 94 9222 fl <4 1100 rr�l 3f30/2005 1d 1A IPL SM 9222 " .y �4 1100 M L 3M/5005 16:20 ]Pt Ftral Collfoira �' Fe®I Ccliiorm stn 9222 0 Q 1=fl0 rat SrAt5W5 16:29 >L (5ol rm SH 9222 o c4 1100 mL 31301SO05 W20 JPL 11e at: sn6 VWVVUBIW tai "K a� Pw�+D{ for rarYeSent i 1 {JRf�'i✓ y 1,W �IWI�GO yleils� y - or aher auDOA""'�O`� �°1'� fioe� Qe ��Y• JJLi!S r �' Jan _a...ac fwWd ahr►.1efY'_S KW-PL U40rfl9" SUN- 27- IJE:CIG : -:15 FRIall. Fec'tt�it No- CUM P.O. ptcissued 6127/66 wiocrr. 5ubjw. Fecal,CGaiitxm Aawyw For Clearwzter.Rec. Chv Docking Tart lr4etlaod >EtiasaBa Usi1s Dais Timm 'reek Ferri Zaiyarm sm 9222 0 8 1100 rr+L N3WS005 16:20 JPL Fecal tbW'*" 5H 9272 d Iwo /100 mL 3130l5005 16:30 )PL 16 ftoo IM 3J3615o05 16-.30 1p:. ne data arc xlut ticr, m emc, ara ads �°f6 t c she sanq�Ss} uvir-d a+6 ; -Vkrod . acs. m,�bn�m gatnc�atibex0� .dulyaMvw* Ar- WI'"a09'0P"" 'd' a USA1rt'7'+'yliG6H `•'css�V owffl I and +� sw _ — _- -- v,. I'M tanr=niC CEATiFICATE OF ANAL S1 Data Rcportvd 413rM5 i:NCl7 Laboratasics Date R meivcd 3,3Ur10l15 g�� Wa�b7aa Ovbor Tio. Q503 -00654 10775 CW=W Puri Drive lnolee alce N N 4389>i odw*do,FL 32824 C" # B028 Sample Date 3/30/2005 Sample Timm 10:50 Fec'tt�it No- CUM P.O. ptcissued 6127/66 wiocrr. 5ubjw. Fecal,CGaiitxm Aawyw For Clearwzter.Rec. Chv Docking Tart lr4etlaod >EtiasaBa Usi1s Dais Timm 'reek Ferri Zaiyarm sm 9222 0 8 1100 rr+L N3WS005 16:20 JPL Fecal tbW'*" 5H 9272 d Iwo /100 mL 3130l5005 16:30 )PL 16 ftoo IM 3J3615o05 16-.30 1p:. ne data arc xlut ticr, m emc, ara ads �°f6 t c she sanq�Ss} uvir-d a+6 ; -Vkrod . acs. m,�bn�m gatnc�atibex0� .dulyaMvw* Ar- WI'"a09'0P"" 'd' a USA1rt'7'+'yliG6H `•'css�V owffl I and +� sw _ — _- -- v,. I'M tanr=niC Appendix C Avoidance and Minimization Report Avoidance and Minimization Report City of Clearwater Bay Esplanade Recreation Center Clearwater, Pinellas County, Florida January 2006 Prepared by Thomas R. Cuba Delta Seven Inc., PO Box 3241, Saint Petersburg, FL 33731 www.Delta- Seven.com Owner City of Clearwater PO Box 4748 Clearwater FL 3358 -4748 Site Identification The property is located in Section 5, Township 29S, Range 15E in the County of Pinellas and within the municipal boundaries of the City of Clearwater. PID: 05/29/15/00000/330 /0100 Location The address of the property is 69 Bay Esplanade, Clearwater, FL. A location map has been attached (Appendix A). The latitude and longitude of the median point of the project site is N270 59' 03.44 ", W082° 49'. 30:77 ":� , Situation The City of Clearwater Bay Esplanade Recreation Center is a recreational center currently owned by the City of Clearwa* that provides several activities including tennis, swimming, and basketball. There is a small finger pier located on the southwestern corner of the property by the pool, and a second small pier associated with the boat ramp located on the eastern side of the property facing the intracoastal waterway. The upland facility has a deck on the south side of the building which is very close to and may overhang the waters of the state. A docking facility located in the cove directly south of the property would improve the usefulness of the recreation center, increase public attendance, and provide public access to the water. The general configuration of the waters to the south is sufficient to support a multiple slip docking facility. --�iyy5 - 0 L4) City of Clearwater Bay Esplanade Recreation Center Avoidance & Minimization Report History Based on the review of Pinellas County historical aerial photographs, the site previously accommodated a docking facility with varying sized slips. For review, only the railroad existed in 1926. With expansion as of 1942, a main covered docking facility was built with several slips to the east. By 1951, various sized boat slips lined the entire cove. The main covered docking facility expanded to the east. In 1973, the main covered docking facility was removed, and by 1975, the remaining slips were also taken out: In 2000, docks were constructed on the southern edge of the cove, which is not part of the project site. Presently, there are two small finger piers. One located south of the pool on the southwestern side of the property, and the other is associated with the boat ramp on the eastern section of the property. Please see aerial (Appendix A). There is an observation pier on the south side of the main recreational building. General Upland Conditions The upland area is occupied with a swimming pool, tennis courts, basketball courts, and two municipal buildings with an associated parking lot. The wetland boundary is made by a concrete seawall in the western and eastern sections of the project site and is interrupted by a section of vegetated shoreline, which extends approximately 650 linear ft. Please see aerial (Appendix A). The western seawall is approximately 350 linear ft, and the eastern seawall is approximately 325 linear ft. General Wetland Conditions The waters associated with the property are fully submerged marine habitats. The intertidal zone associated along the vertical face of the eastern and western seawalls support oyster beds. The intertidal zone associated with the vegetated shoreline supports patchy oyster beds growing on construction debris contained within sand and mud flats. The shoreline is vegetated with mangroves. The subtidal zone associated with the project site contains several seagrass beds composed mainly of shoal grass, Halodule wrightii, and turtle grass, Thalassia testudinum. There are two areas that contain both coralline and rion= coralline hard bottom within the subtidal zone. These are both located in the waters surrounding the vegetafed shoreline. The coralline hard bottom supports both soft and hard corals., as well as gorgonians; algae, and sponges. The non - coralline hard bottom supports mainly gorgonians, algae, and sponges. Both sand and mud flats separate the seagrass beds, coralline hard bottom,.,and non - coralline hard bottom. Resources at Risk The existing natural resources located at the project site include intertidal oyster bars, mangroves, seagrasses, coral and non - coralline hard bottom, sand flats, and mud flats. There is approximately an 8 -inch wide band of oysters, Crassostrea virginica, growing on the seawall. As a result of the construction debris from the previously existing docks, there are patchy oyster beds in the intertidal zone of the vegetative shoreline. -P(9:3 --� City of Clearwater Bay Esplanade Recreation Center Avoidance & Minimization Report Both black (Avicennia germinans) and white mangroves (Laguncularia racemosa) are scattered along the entire length of the vegetated shoreline but do not occur in front of the seawalls. There is a small area of smaller mangroves, which looks like a mitigation effort. See Appendix A. There are several seagrass beds composed primarily of shoal grass, Halodide vvrightii. Turtle grass, Thalassia testudinum, is occasionally present towards the deeper portions of the beds and more concentrated in the eastern seagrass beds probably due to the association of the open waters of the channel. There are small patches of coralline and non - coralline hard bottom associated with the construction debris. The western patch is composed mainly of soft and hard corals including gorgonians, algae, and sponges. The non - coralline hard bottom is strictly gorgonians, algae, and sponges. The remaining areas separating the seagrass beds, intermittent oyster beds, and coral are composed mainly of sand and mud flats. Data Data was collected in order to assure that development decisions were made with the best available scientific foundation and environmental considerations: water quality, bathymetric survey, oyster description, manatee records review, survey of extent of sea grass, sea grass description, and hard bottom description. Water Quality Water quality data was collected on March 30, 2005. Surface water samples were collected at four stations between 70 to 125 ft. off the seawall at the surface and an approximate depth of 1 ft. above the bottom (Appendix B). Samples were analyzed for fecal coliforms, priority metals, salinity, pH, N114(ammonia), NO3 (nitrate), and NO, (nitrite), and PO4 (ortho - phosphate). Additionally, secchi depth was recorded at all sites. Field results are summarized in Appendix B. Fecal coliform and metal samples were analyzed by Environmental Conservation Laboratories, Inc. (Appendix B). Other data were collected by Delta Seven Inc. field ecologists. Bathymetric Survey The waters surrounding the project were surveyed bathymetrical by Foresight Surveyors, a registered florida land surveyor. The results are presented topographically in Appendix B. Wetland Delineation The limits of jurisdiction were determined to be the mean high water elevation (MHW) as depicted on the survey (Appendix B). The MHW line was determined to be 1.28 NGVD as reported by the Point Identification Number 696, Florida Department of Environmental Protection Land Boundary Information System (www.labins.org (Appendix B) cc rrs=iq"5 -OU City of Clearwater Bay Esplanade Recreation Center Avoidance & Minimization Report Hydrographic Survey The scope of the hydrographic work is complicated by the physiography of the site. Because the site lies on a parcel which may be considered analogous to a headland, the southern waters are in a small basin while the eastern waters are quite unrestricted. There is an existing finger pier, which lies within the northwestern section of the basin. The general physiography of the site obviates the need for tidal exchange modeling. The regulations require that the permittee show evidence that any resulting pollutant discharge will be reduced to 10% pollutant concentration level in 4 days or less. The open nature of the waters and the direct connection to major water ways is sufficient to provide reasonable assurance that the waters within the docking facility will exchange at least once every four days (3.2.4.3(b) F.A.C). During the pre - application meeting on March 11, 2005, the need to define the scope of the hydrographic survey was discussed. An extensive hydrographic survey including 24 hour period current readings is an extremely expensive undertaking. It was discussed that the hydrographic survey used for the Belle Harbor condominium complex may be satisfactory due to the location of this complex, which lies in the southern portion of the same cove that is intended for use by the City of Clearwater Recreation Center. The study was conducted during the summer of 2002 and to repeat the same hydrographic study on the same basin would be redundant and an unnecessary cost to the permittee. The owner of the original study has released the information for use by the City. Using the calculations from the Belle Harbor project (Appendix B), which occupies the southern portion of the basin, the number of days to achieve a reduction in pollutant level to 10% is 3.95 days, and therefore, the City of Clearwater Bay Esplanade Recreational Center docking facility will meet the regulations for the reduction of the pollutant concentration to 10% in four (4) days, or less. Salient Project Information • There are to be no live aboard vessels allowed at the site. • There are to be no fueling facilities at the site. • There are to be no domestic sewage pump -out facilities at the site. • Solid waste (trash) facilities will be provided: • The practices and guidelines of the FDEP Clean.Nlarina Program will be followed. To assist in determining the scope of data collection the following site information is provided: Appendix A: Location Map of Project Site. Appendix A: Aerial of Project Site. Appendix A: Detailed Physical Description of Project Site Aerial. Appendix A: Water Quality Sample Site Locations. 6& -Ptn --�qLAS - Clo City of Clearwater Bay Esplanade Recreation Center Avoidance & Minimization Report Appendix B: Water Quality Results from ENCO. Appendix B: Foresight Bathymetric Survey. Appendix B: Mean High Water Elevation. Appendix B: Belle Harbor Hydrographic Survey by Florida Design Consultants, Inc. (2002). Appendix B: Foresight Seagrass Survey. Appendix D: Original Waterline Docking Facility Layout. Appendix D: Revised Waterline Docking Facility Layout. Appendix F: City of Clearwater Bay Esplanade Docking Facility Legal Description Appendix H: Coral Species Matrix Appendix I: Manatee Records Manatee Records Manatee records kept by the FFWCC Florida Marine Research Institute were obtained and reviewed. There were two (2) manatees killed by watercrafts in Clearwater Harbor area between 1974 and July 2005. One death on May 20, 1997 and the other on July 16, 2003. One manatee died by an undetermined cause on November 7,1995 and one death resulted from cold stress in this area on February 10, 200' ). The total number of manatees killed by watercrafts in all of Pinellas County in between January 2000 and July 2005 is 11 with the majority of deaths in both Tampa and Boca Ciega Bays (Appendix I). Therefore, it is not expected that the proposed docking facility will increase the threat to manatees in this area. During field work performed on March 30, 2005 and May 6, 2005, no manatees were observed in the area, but they are known to frequent these waters. See Appendix I for the manatee records. Sea Grass Survey Sea grasses were surveyed by Foresight Surveyors, a Florida registered land surveyor under the guidance of Delta Seven, Inc. ecologists. The- results are.contained in Appendix B. Sea Grass Description There are several seagrass beds on site, They are composed of a mix of shoal grass, Halodule wrightii, and turtle grass, Thalassia testudinum.. The sea grass bed along the western seawall is the largest in size, but is sparse and patchy consisting mainly of Halodule wrightii. It is less dense in seagrass coverage and is therefore expected to be somewhat ephemeral. The seagrass beds bordering the vegetative shoreline are smaller and similar in character, consisting of Halodule wrightii. The sea grass is non - coalesced and discontinuous. There are spotty clumps containing approximately 5 to 10 shoots and they are more epiphytized than the seagrass beds bordering the western seawall. The seagrass bed bordering the eastern seawall is the most dense and is a mixture of Halodule wrightii and Thalassia testudinum. This bed is more epiphytized, lush, and expected to be persistent. C� Hard Bottom Characterization City of Clearwater Bay Esplanade Recreation Center Avoidance & Minimization Report On the seawalls, there is approximately an 8 -inch wide band of oysters, Crassostrea virginica, accompanied by the associated epibiota, composed mostly of barnacles (Balanus sp.) and the small green winter alga Enterompropha sp. Neither of these were common but were present. The oyster beds present adjacent to the vegetated shoreline is located strictly on the construction debris, which is scattered infrequently along the shoreline. There are two areas of coralline bottom and one area of non - coralline live bottom. All areas are marked on the survey done by Foresight Surveyors. The coralline live bottom contains the red boring sponge, Cliona sp., the lesser starlet coral, Siderastrea radians, and a flower coral, Oculina sp. The non - coralline live bottom consisted of gorgonians including the purple whip, Leptogorgia virgulata, and tunicates, Styela plicata. Appendix H shows a matrix of the coral species present on the project site. Discussion The project site includes distinctly productive and desirable habitats such as seagrass beds, oyster beds, sand and mud flats, and both coralline and non - coralline live bottom. The oyster beds consist of Crassostrea virginica, barnacles (Balanus sp), and alga Enterompropha sp. There is a striking difference in the structure of the grass beds composed of shoal grass, Halodule wrightii, and turtle grass, Thalassia testudinum. The seagrass beds along the western seawall is the largest but is sparse, patchy and less dense in seagrass and epiphyte coverage. The seagrass bed bordering the eastern seawall is the most dense in seagrass and epiphyte coverage. The coralline and non - coralline live bottom contains the red boring sponge, Cliona sp., the lesser starlet coral, Siderastrea radians, flower coral, Oculina sp., gorgonians including the purple whip, Leptogorgia virgulata, and tunicates, Styella plicata. The results of the data collection led to the evaluation of alternatives to avoid impacts on the most productive areas and improve conditions in the most impaired areas. Avoidance t , The habitats which would be expected to be most severely-impacted by the construction of docking facilities are the grasses, oysters, and corals. The anticipated impacts include the effects of shading and water quality. Effects of shading and water quality will impact the grasses and corals. The original layout of the docking facility forced the boats to drive over the seagrass beds and corals (Appendix D). Once it was learned that there were grass beds in the area, the question of avoidance arose. In order to completely avoid all impacts to these resources, the design of the docking facility was changed so that the main walkway borders the edge of the seagrass beds and corals and the fingers extend out. The location of the western main access walkway location was placed in the location of the existing dock to avoid shading of seagrass and to cause no further effects to the oyster beds along the face of the seawall. The eastern main access walkway was placed in an area void of mangroves, seagrasses, and corals to abate any harmful environmental impacts. The revised layout is shown in Appendix D. X3-9 H �5_ - 0(0 City of Clearwater Bay Esplanade Recreation Center Avoidance & Minimization Report Minimization The layout of the project was redesigned to reduce the all impacts to the seagrass beds and corals to the maximum extent possible without sacrificing the utility of the dock. The western access walkway will be constructed within the alignment of the current structure thus eliminating any new shading impacts to the seagrasses. The eastern access walkway will be constructed in a space void of mangrove, seagrasses, and corals also eliminating any shading impacts. The original configuration of the slips was changed from a row of slips on each side of the main walkway (Appendix D) to a free standing dock with the main access walkway bordering the seagrass beds and finger piers extending south into deeper waters. The apparent limitation to growth of seagrasses is light penetration and the revised layout of the docking facility will not result in any new shading to seagrasses, oysters, and corals. This structure was primarily redesigned to extend beyond the zone capable of supporting submerged aquatic vegetation (SAV). All slips are located over non - vegetated bottom. To further minimize impacts on water quality, the number of slips was also reduced from 52 to 49 slips. There is no need for dredging to build this docking facility thus eliminating destruction of any subtidal habitat and possible water quality issues. Cumulative Impact A large docking facility had been constructed in the waters adjacent to the City of Clearwater Bay Esplanade Recreation Center several decades ago. The proposed' facility is not a replacement, but is smaller and designed to be more sensitive to local ecological features. The basin is suitable for moorings and in fact was originally constructed with that intent. The property is owned by the City of Clearwater and the construction of a marina is contained in the municipal plans. Please see the legal description (Appendix F). Residents- currently use the waters and existing dock regularly. It is, anticipated that the total boating load on the local waters will not be affected by the proposed docking facility. In -order to further improve the positive aspects of the facility, the City of Clearwater will participate in the Clean Marina Program and will also post manatee and seagrass awareness signs as needed. In summary, the project has been reduced in scope to protect the most functional resources while still providing mooring space for the residents. The addition of 49 new slips will not result in secondary or cumulative impacts adverse to the local ecology. Public Interest The addition of the docking facility to the recreation center is in the public interest. There will be no resulting negative impacts on the health, welfare, safety, or property of others as a result of the project. As the facility is to be located in a high traffic public area, an opportunity exists to educate the public on the natural resources located in the area. Consistent with state regulations, manatee education signs will be posted on the property near the walk -outs to the docking City of Clearwater Bay Esplanade Recreation Center Avoidance & Minimization Report facility. Manatee awareness signs will be posted at both main access walkways so as to be visible by anyone walking out to the dock. In addition to the required manatee signs, educational signs depicting natural resources in the area will be placed around the property. These signs will include images and educational information relating to the local resources. The resources depicted will include seagrasses, corals, birds, fish, and mangroves. Fish, wildlife, and habitat issues have been addressed during the design phase of the project. As a result of site inspections and ecological investigation, designs have been developed in a manner consistent with the protection of the existing natural resources of the site, including mangroves, seagrasses, and coralline and non - coralline hard bottom. Navigability of the adjacent waters will not be impacted as a result of this project. The adjacent waterway contains sufficient navigable area to allow for vessels to easily maneuver into and out of the docking facility.. Historically, the site has been the location of docking facilities. No encroachment on marked navigable channels will result from this project. The project will have no impact on water flow. Hydrographic studies at the site have demonstrated that there will be no negative water quality impacts as a result of the project and that sufficient tidal exchange exists to allow tidal exchange of the water at the site to occur in less than four days. In addition, water quality analysis has indicated no violations of state water quality standards. Measures, such as the use of turbidity barriers during construction, will be taken to ensure adverse impacts to water quality will not occur. The completion of this project will have a positive impact of the public's accessibility to the recreational uses of the adjacent waters. The project will provide greater boating access to the surrounding waters and may include a fishing pier in the future. In addition, the public interest will be improved as a result of increased ease of access to the recreation center located at the project site. Current access is only available by land or via use of the limited boat ramp access at the site. The docking facility will serve to increase the public's ability to access the recreation facility. Appendix D Site Plans �- 'U w W IN 9 , 1,32 sue C' m W p '� � I 'I ^ •va Q.8 Tit 9 x / o a t NN 1 Y Q •'y b e p900 a e a a �N GO C ` a ~ e u � Z C C" _N, 'e P z w 'b ELEV. +3.72' -51' ACCESS WALKWAY 1 8' 21' LOWER LANDING ELEV. +9:72' 1 I El I! - III - -, � I W I I Ell I- I I„-, PROFILE A —A oil i ELEV. +4.72' NGVD APPROX MUn ELEV. +1.28' NGVD APPROX. MLWL ELEV. -0.69' IT Ott REUBEN CLARSON, P.E. FL. P.E. No.16313 WATERLINE CONSTRUCTION RBUBEN CLARSON CONSULTING, INC DATE: FILE: WATE"E CONSTRUCTION, INC. 4408 Grady Ave. N CIO DELTA SEVEN. INC. lY.4MOMY 1 PF&TE PROJECT NUMBER CARD nLE VIPATERLWE`� -� Tampa FL 33614 Cleorwoter Recreotion Center 8. wsb� n SC.4LEi1 ° ° =B' CONSTRUCTION, INC. 813 - 808 -1977 ��K�z 1 SOS T 29, R 15 PAGE 4 OF f Pages I ALL FRAMING MATERIAL WILL BE .60 ACQ TREATED. ---y I �- ---may I I BOARDWALK TOP RAIL TO BE 2"X6" COMPOSITE COMMON WALKWAY ALL STRINGERS WILL BE 2"X10" SPACED 18" ON CtNT'ER DOUBLED ON THE OUTSIDE. 4'X4" POST SPACED 5' O.C. ALL POST ATTACHED USING 2"X8" SIDE RAIL DECKING WILL BE 2"X8' 8'X%" GALVANIZED BOLTS. COMPOSITE AND WILL BE —) FASTENED WITH STAINLESS STEEL SCREWS. ALL PILINGS WILL BE 2 -5 CCA TREATED. PILINGS WILL BE JETTED AND HAMMERED WITH A MIN. OF 10' PENETRATION. — — -- — -- — — — — ALL PILINGS i0 BE 8" TIP 2'X10" PILE CAPS WILL ENCASED IN BE DOUBLED AND PVC WRAP BOLTED WITH %' GALVANIZED BOLTS.. !11 = =!II- !I- _ I1 I I =! I =1 CROSS SECTION B -B (TYP.) ! �I I it CROSS SECTION C -C (TYP.) r CATWALK ELEV. +8.72' CROSS SECTION D -D (TYP.) REUBEN CLARSON, P.E. FL. P.E. No. 16313 WATERLINE CONSTRUCTION IREUBEN CLARSON CONSULTING, INC CRo.£S SEC7JONS DA� FlLE' WATERLINE CONSTRUCTION, INC. 4408 Grady Ave. N GO DELTA SEVEN, INC. PROJECT NUMBE GADD FlLE WATERLINE�� Tampa FL 33814 C /eo�wote� Recreation Center � 9R� SCAZFIl ir8' CONSTRUCTION, INC. 813- 808 -1977 =vAn't61'T s ar T 2.9 R 15 PAGE 1 OF 0 Pages 1vq PROPOSED AREA OF I AREA OF E TOTAL ARE f MARIAN UNE a a a a a a u a a J �Lju LJ J l (o REUBEN CLARSON, P,E. FL. P.E. No.16313 WATERLINE CONSTRUCTION REUBEN CLARSON CONSULTING, INC GATE FILE: WATERLINE CONSTRUCTION, INC. 4408 Grady Ave. N CIO pELTA SEVEN, INC PREEA/PIFD AREA PROJECT NUMBER CADO FILE WATERLIN� P Clearwater Recneofion Center P•a•Wb+n SCA[E!' =lOD' Tampa FL 33814 &,a., FL CONSTRUCTION, INC. 813 -808 -1977 1 =A=311 5 05 T'?y R 15 1 PAGE 7 OF 7 Pon- �G Appendix E Adjacent Property Ownership Information v 'T Y OF Mn. L' A Y m-owwm �--v 0 0 wo No. M r;A*'r' F5PLANADFE CONDO 7 6 i k J L L V f C V T ri E N T 'f L r; -.01 4TH FT N 4 COO rETERSHURG FL 7.1704 4700 *EIFEIRT, MICHAEL E 'EIFER,r, NANCY S 5sas PERSIMMON DR MADIC�ON wl x;3711 500� LULQ•5, DINU-5, L.OLOS, DIMITRA 6"f*7 KINKAID DE5 PLAINER IL 60016 5855 vI %,lANoAcriuwl(;z:, OUGUAN 10 PAPAYA ST # 1001 CLEARWATER FL 33*767 2055 QK L _S*A rKUrr-K I Lr-,5 L I U 1I BROAD ST ry 1 T p t A N T' I I F' I L GIANFILIPF AURA 51' HELIER JERSEY JE4 CXW A f." f--, tic DEVON 6 cl, f i 0 ! I C L. C- A R, W A T f7R. f- I. CHANNEL ISLAND -3i767 ?4:50 r' l i 14 r R U fl t 7? F .1 t Z; L L F, 990c) RACETRACK RD TAMPA FL. 33626 4458 V* L'O T V . FLUNALU J FLOT0, NANCY C, Sl SASSOON ROAD POKFULAM HONG KONG L.YLF- , JOHN F LYLE-, NANCY S F, MIrl F- 47 8905 KINGSTON PIKE It 12 KN(IXVXLLE TN 379E73 soal MATTOX, JEF-FRr-'Y A MATTOX, LORI A 2•30 COUSt-r.TONE: DR F'Prt.M HARBOR Ft. 3-1684 vuvucti, Q It jj C I , LINDA C, MANDALAY AVE 4 303 CLEARWATER Fl. 3"3 7 67 17'?" VTt.'-OcQ, ROBERTO VISO-SO, GRACIE LA SF1 MANDALAY AVE ft 307 CLEARWATER FL 33767 1793 IACOR!5�f--N, GLENN C JACOB5EN, BARBARA U 6 FERRAND WOOP�� SAINT LO!,'I'-' MO 4 �4 PFAFF, ROT4ERIT J1 r- j), i 7 r-' . BE TT.f MANDALAY r)\fF 11'7 1104 WUNZALEZ' tuWAKU A GONZALEZ, MARITZA 9400 LAWS RD CLERMONT FL 3 471 4 926E MUMt*Z V1 NQtLLLA MOMESSO, SERGIO 10 JONQUILLE KXRKLAND QC H9H 3C4 CANADA unm"A:�' NIQmm-Az� A a939 ELYSIUM WAY CLEARWATER Ft. 33759 1 41 4 wroJAK, JAMES L STOJAK, ROBIN L 3964 MULLENHURST OR PALM HARBOR FL 346eS 3665 FARRELL, BRIAN M FARRELL, CYNTHIA 8 5116 WESTSHORE DR NEW FORT RICHEY FL '31655 8007 ENGEBRETSEN, ARDEN B 10 PAPAYA ST # 1404 CLEARWATER 5L. 31767 EOS8 TADR05, RANI 5 YAI-SADUI, SUZANNE E 184 LAURENCE DR CLEARWATER FL '125764 6466 SHEAR, MAR lk-YN F 2650 MCCORMICK OR STE 130 CLEARWATER FL .13.511,, i 065 525 MANDALAY AVE # E4 CLEARWATER FL 13767 1798 r1mm I nfir; ' . jcrr-mmT m HARTMAN, MARISA A 5 CORD GRASS LN OLD LYNE CT 06371 c000 xv=m*um) QQmAl-u v 1001 SAN MARCO s'r 9 iooi CLEARWATER FL :33767 RODULAK, KENNETH i ROBULAK, PATRICIA J 521 MANDALAY AVE # 30i2 CLEARWATER FL 33767 1793 GAUDIN, DANIELE E1 MANDALAY AVE # 305 CLEARWATER Ft. .t3767 179-3 MAZAS LAND TRUST MAZAS, BILL W THE 1600 GULF BLVD # 7117 CLEARWATER FL 33767 2973 BOND, GEORGE L JR BOND, YVONNE N 1215 CAMINO CAPISTRANO ROSEVILLE CA 957117 6727 COLTON, JAMES A COLTON, LORI 8 421 HAMPTON GREEN Pr-ArHTPl--lr rTrY (:;A C", C L EAR1,1ATER FL 14 2a• ' NW 111TH AVe: 10 PAPAYA ST It 70"c'. 31767 t794 i C()RA1.. ' PRING,5 F!_ CLEARWATER FL 3:307: 61114CA 33767 CQS4 t `rANDOZ, DAVID C � IFSHAJ � REVA H YOrAN, AVI � ;5AND()7_' , ANN L P I FP �;Y , MANAR YOFAN , JACOUEL I NE SP:i N OKLAHOMA AVf-. 1 ' !'fNEWOOD HILL-3 5B1 MANDALAY AVE It 607 ' MORTON I!_ t.. a ;=:_: ":,AflflW MA CLEARWATEO FL 6155 -0 e373 01; 1663 33767 1794 i CIOCIA, JAMES '• t: E BEACH CONDOS LLC GIBBON, PAUL F CIOCIA, TRACY " £s MACLAURIN DR 5r 1 MANDALAY AVE it 610 113'T --11 PEPPER PIKw' ;AMPA. FL CLEARWATER FL LUT7 FL 3:36117 1 151— `53767 1794 LUTZ FrL 33558 S315 LEVINE, RICHARD LEVINE, SARUARA 5047 OTIS AVF TARZANA CA 91356 4ZO7 :AVERT, JOSEPHINE ULINE, BRAr)L.EY N 5E!l MANDALAY AVE It 704 CLEARWATER Ft. 33767 1794 I:GRIECU, DANIEL J 11 GPIECO.- DIANE Y MANDALAY AVE, CLEARWATER Fl. -%1�767 )TOO P..EQUITABLE HOLDING CO LLC 7667 EQUITABLE' DR # P,01 EDEN PRAIRIE MN p�55'344 4626 HALL, ROGER W HALL, SYLVIA M SEI MANDALAY AVE It 603 CLEARWATER FL 33767 1795 0. GIBSON, PAUL F :5EI MANDALAY AVE CLEARWATER FL 11, '53767 1700 D�FFGAN, JOHN M 10 PAPAYA ST :4 1 604 CLEARWATER FL '53767 2057 ENTEL, ROBERT J 5i7'1 MANDALAY AVE APT 90F GLEARWATE-R Fl- :53767 17'9 336117 1 163 13767 1794 COLTER, GEORGE SWIDEREK, TIMOTHY J COLTER, HELEN 51!1 MANDALAY AVE It TOe 4540 WEATHERVANE DR CLEARWATER FL ALPHARETTA GA 33767 1794 3.0022 3759 TEJEDA, RAFAEL E DEFERRARI, DIANA TEJEDA, IDELFIA A 110 HARBOR DR 3516 WOODRIDGE PL PALM HARBOR FL PALM HARBOR FL 34683 5403 346114 $434 fJl PERRY, GREGORY G LAHN, MONICA L I574 SHINING ORE DR BRENTWOOD TN ASOOD, ROBERT G ABOOD, CATHERINE C 2e56 MACKENZIE CT CLEARWATER FL 33765 2241 ECKALL INVESTMENTS LLC 2Z'01 4TH AVE N It ?-00 ST PETERSBURG FL. 337 1:3 791 1 YOFAN, AVI YOFAN, JACQUELINE 10 PAPAYA ST # iaoz: CLEARWATER Ft- 3?767 2056 MEEHAN, THOMAS F 521 MANDALAY AVE 0 810 CLEARWATER FL. 31767 1795 UQUITABLE H01-DING CO LLC 7667 EQUITABLE DR 4 201 EDEN PRAIRIE MN 55344 4626 I3ICZ, DANIEL 5 VICZ, MARGARET C 5e1 MANDALAY AVE R 80e CLEARWATER FL 33767 1795 GALSO, LORETO GALBO, ANGELO M I CRYSTAL CIR WESTPORT Cl' 06880 MAJEWSKI, DENISE M TR SCHNEIDER, CHRISTINE J 43 LAKE ADALYN DR SOUTH BARRINGTON IL 60010 954? fJl GANERTY, JOHN B SR GAHERTY, CECILIA G 55a7 8 PARK AVE HIN5DALE IL 60521 5061 KAHRS, CAROLYN J MC DERMOTT, JAMES T KAHNS, HENRY G DRAPP, SHANNON M 4831 QUILL CT 521 MANDALAY OR If 904 PALM HARBOR FL CLEARWATER FL 6 '; 1131 3699 33767 1795 0 W Afz T 5�R I 'tNUAI-AY AVE It '?07 A G I A V -, P. V I N 1, 0, 1" R' 4.7 nm 1) Q ON L t'Y MA 0 Tf1',JA1TF_, f7-DWARE) THWAITE, PATRICIA 15 LOOKOUT POINT TRL TOTOWA NJ 07E,12 1611 POOLE, W'ILLXAPi 1. 111 ROBINSON, JOHN CONNIE JR :5 HUNTERS CROSSING CT THE WOOPLANDS TX 'T 7:3-131 4'T57 flOrint ALAN M tic MANVALAY AVE. It 1007 CI-1�-.'ARIWATFR FE. :53707 1795 BELLE HARBOR 1010 1-1-C 96S GREEN STREET CIR GAINEt3VILLE GA 70501 MICHAEU P :3 C.. 0 t) T H W E7 L. L-'5 CmICAGO It. 6 1739 MAY A w AN, �1. T ty (I T 0 A T A N K FL IUEZ MAIN FIf 4 V FL M 3 C It LI-C 41500 NORTHWnOD-i LN F., (-)OMINGTON• YN xj:'i 4 9 4 9 4:2 0 T H C FAMILY INVESTMENTS LT 2201 4TH ST N STE E09 ST PETERSBURG FL 33704 4300 GIANFILIPPOO JOHN ."SORKETT ' FRANKLIN S 1775 cr,DAR, WAXWING: CT PALM HAROOR.FL 6676 g . OWLANOg CLARENCE r- HORVATH, KLARA I SAN MARCO ST 0 506 CLEARWATER FL E060 3.3767 lz DIMMITT, LARRY H JR 150 WILLADEL DR )qt,-.LLEAIR FL 33756 194F -MAGRATH, JAMES P MAGRATH, CAROL A PRITCHARD LN WEsTFORT CT 06880 563? COCIK, H $ I - 65. r UNWOODY GA 7 CLARK, TERRY M CLARK, I A NI: 4, 15756 WHITES STORE RD Voyo`? mo eol?.41 967:� 'A K05ENE; STAICY 5a 1 MANDALAY.*.AVE 4 1104 CLEARWATER FL -33767 1797 RE HK EM P E R PHILIP A REHKEMPERI BARBARA A Sal MANDALAY AVE # 1105 CLEARWATER FL 33767 1797 MtE5-,TAS, pONALD M Tp MESTAS, CAROL S —=- I ,, I-- MANDALAY AVE 41 1 1 0S (-,f-EARWATER-FL 33767 1797 w AVA MINA 11 LLC 803 SMOKERISE BLVD FORT ORANGE FL. 31127 WILLIAMS, BERNABE REVOCABLE 61WILLIAMS1 HERNABE. THE C/O HAUGAARD, DONNA 1204 SUNCAST. E.N STE P j :9t-.,'T6P- 9665 PLANES, REGINA M 013n700 US HIGHWAY '19) N PALM HARBOR FL. 34604 31 19 WARD, MICHAEL *.WARD ' G1BELLES V 407 SOUTH ROYAL. .TAMPA FL. 37a8 .360? PALM WAY MAGUIRE, PAUL. J ro Dox a9E5 AMERICAN CANYON CA BELLE HARFOR L.LX, Pt!01 4TH `.57 N STL ST PETERSBURG F'L 33704 4300 ?()o BELLE HARBOR LLC; 15T N 5TE F'00 ;i1 PETERSBURG FL. -11704 4100 MACK, DAVID A REVOCABLE TRU MACK, DAVID A TRE 30 JELLIFF i--N WEBER, JILL E c ;OUTHPORT,:.c.T 505 MANDALAY AVE N 0 j CLERMONT FL CLEARWATER FL 34714 9i?6E FALLER, ,.-.JAN CHRISTOPHER, TODD v FALLER' `JANC,T L" THE NDAL 1;: CL.1EARW,ATtrRz':0L 4407 W DALE ST 1 T1 _1TS_ TAMPA FL HOERNIG, OTTO W HOERNIG, JUANITA S 5?.1 MANDALAY AVE # 1201 CLEARWATER FL 179"r NE At.., ..RALPH' C_ BERG ANNA 'JACOBSEN ;ANDALAY :AVE -` -,N .. 1409 NEAL JULI'llff,.,.Al�.-.;.:"....�,.�' CLEARWATER FL I. GREE.WBAY.:Wj 337.67 554313:%.9531 RICHARD F JR 1031 'SAINT GIREGUORY _'-,T CINCINNATI Oli 4 F i 2- 0 --: E ELLE HARBOR LLC Cf!01 4TH 51* N STE EOO rT PETERSBURG FL 37TO4 4300 4E UAVGHMAN, JACK N BAUGHMAN, BEVERLY A 1200 GULF BLVD # 1603 CLEARWATER FL :�3T6T BELLE HARBOR LLC Ee01 4TH -IT N STE eOQ ST PETERSBURG FL 33704 4300 CRC-SPO,.LUIS E VELLE HARBOR LL :C E�ELLE HARBOR LLG I* P_aOl 4TH ST N STE '('00 1 2Z!01 4TH ST N STE 200 CRF.SFO,' VIRGINIA M - ST PETERSPURG FL. ':,;T PETERSBURG FL 995 SAY ESPLANADE 33704 11:300 31704 4300 CLEARWATER FL .33767 I; co V. k Lei GONZALEZ, EDWARD A WEBER, JED P GONZALEZ I MAR I TZA WEBER, JILL E 9400 LAWS RD 505 MANDALAY AVE N 0 j CLERMONT FL CLEARWATER FL 34714 9i?6E 13767 1717 CHRISTOPHER, TODD COULTER, WAYNE R CHRISTOPHER, WANDA COULTER, PAMELA W 3743 PRESIDENTIAL OR 4407 W DALE ST PALM HARBOR FL TAMPA FL 34685 1075 33609 :5706 RICHARD F JR 1031 'SAINT GIREGUORY _'-,T CINCINNATI Oli 4 F i 2- 0 --: E ELLE HARBOR LLC Cf!01 4TH 51* N STE EOO rT PETERSBURG FL 37TO4 4300 4E UAVGHMAN, JACK N BAUGHMAN, BEVERLY A 1200 GULF BLVD # 1603 CLEARWATER FL :�3T6T BELLE HARBOR LLC Ee01 4TH -IT N STE eOQ ST PETERSBURG FL 33704 4300 CRC-SPO,.LUIS E VELLE HARBOR LL :C E�ELLE HARBOR LLG I* P_aOl 4TH ST N STE '('00 1 2Z!01 4TH ST N STE 200 CRF.SFO,' VIRGINIA M - ST PETERSPURG FL. ':,;T PETERSBURG FL 995 SAY ESPLANADE 33704 11:300 31704 4300 CLEARWATER FL .33767 I; co V. k Lei I BECK, XRVING 0 1~1E7CK , DAN I CE A 9601 SW 100TH AVE MIAMI FL. 33176 THWA I TE , EDWARD W T1°WAITE, PATRICIA A, 15 LOOKOUT POINT TRL TOTO1.'A N,r 07`51 P CLASSON, STEPHEN J CLASSON, KAREN 1.. 801 HERITAGE RD `XTE A DEPERE WI �it►1 1''� 3Pg? MC; CULLOUGH, JACKIE: E 744 SAY ESPLANADE'., CLEARWATER R FL. "53767 1 41 1 ® MANXON, JOtiErH M 0 MANION, JANINE M 10118 BE.NNINGTON DR TAMPA € l- 336 6 2406 STANISLAWEK, DANIEL.. STANISL.AWE=K, GRETA 501 MANDALAY AVE: 9 :309 CLEARWA,rE'R FL 33767 1707 KOF'ANAIKIS, WILLIAM A �I 501 MANDALAY AVE #1: 402 CLEEAR14ATER FL .3:3.767 1 708 - (OURTH, FIF:A1Dt_E7 J I* YOURTH, VALERIE h 501 MANDALAY AVE It 405 CLEARWATER FL_ 33767 1708 BELLE HARBOR LLC E 01 4TH ST N STE: 200 $T PETERSBURG Fl- 33704 4300 CHASE, CHRISTIAN W BAILEY, MATHE.W 5 505 MANDALAY AVE # 71 CLEARWATER FL 33767 1 71 S RE'NDEL, JEROLD S 'TRUST 4!D RENDEL, JEROLD S THE 660 SNUG ISL CLEARWATER FL .:E.3T67 183219 CORDE IRO, JACK CORDEIRO, AL DA 8209 W CRENSHAW 5T TAMPA FL 1 33615 2118 I PARRETT, WILLIAM T BARRETT, SHEILA.M 11 SAN MARCO 5T # 40O CLEARWATER PL. :337679 4060 >MYR SKI, KAZIMIF_RZ ARTHUR 8612 N OZARK NILES IL 60714 HYC, PETER HYC, ANDY 505 MANDALAY AVE CLEARWATER FL :33767 1718 MACRE, DANIEL M NACRE, ANNETTE 505 MANDALAY AVE It 75 CLEARWATER FL. :33767 1 71 8 PENN COMMONS LP 871 BEAVER OR DU BOI S PA I 1 580 1 F.511 I I I I YOF°AN, AVI YOFAN, JACKIE I 1 0 PAPAYA ST it 1202 1 CLEARWATER FL 1 :33767 2056 I RAMOS, JAMES A HAYNE:S, ALVIN S RAMOS, CONNIE R HAYNE1, bITA P 501 MANDALAY AVE # :310 901 MANDALAY AVE. If 401 CLEARWATER FL CLEARWATER FL 33767 1 707 33767 1703 s COOKE. FAMILY REV TRUST LEBRON, GEORGE C/O COOKE:, RUSSELL D THE LEBRON, SONIA DUDZIAK 12 GAGE GIRLS RD 506 TAMARACK DR BEDFORD ORD N`! BARTLEETT IL 03110 4704 60103 1515 I ' ALTZMAN, MURRAY I SUCHARSKI, FRANK J SALTZMAN; BARBARA SUCHARSKI, CATHERINE J 1170 GULF BLVD # 306 3263 P1ORR L.L AVE It I CLEARWATi'R FL PHILADELPHIA PA 33767 E780 19114 1117 V m T .L VJ ANDERSEN, CARRY r-. £_ I S6 BASSWOOD OR 1. Af-- AYFTTr 1-111_1_ PA 1,)444 Z!3 :38 ExURKETT, DEBORAH L. 1 4 T 44 °.?AN MATRI> LA CT '[ AIl1` A FU :136'G L.AMBRINIDES FAMILY 1RREV TR C/O LAMOR I N I VE S, A C T'R1: 2175 VALLEY VIEW DR ROCI(Y RIVER OH 44116 E660 AL_TNE-k, MARTIN L AC_TNE'R , JAN I r C c_ 1 Z'. WATER VIEW CT SAFETY 1-fARFOR F"I.. 34695 2061 l.3ESEFt1° AN, LAWRENCE T L I EBERMAN , DEBORAH 5 10 W I LLOWOOD L N ()L_C)'SMAR FL. ;�4 5 77 cOw`_ HALLERAN, EDWARD SIKA, STEPHEN 1005 VICTORIA DR UtIN'ED I N F"l. 146?3 S749 PARAMOUNT LLC 1803 BRIAR CREEK SAFETY HARBOR FL 34695 4696 KOZMINSKI, JACEK BLVD KOZMINSKI, GRAZYNA 4758 S PULASKI FAD CHICAGO IL 6063E 4114 MRRR i S, MICHELLE V ET GAYLORD GLEN WATE'RBURY CT 06708 E100 MIHOLICS, JOHN C MIHOL.IGS, MARIA T 18 WINGATE PL YONKERS NY 10705 1533 `:.SEHFSHTI, TARANEH :_:11 SAN MARCO ST # 1402 CL. ARWATER FL 31767 2075 HI'.ML1, C ;RAHAM R M siL." rR LODGE TWENTYPENCE RD 4{A- ClaURTON £L;"f;:: CAMBRIDGESHIR : CIB63R _. -.- .. UNITED KINGDOM M ESPOSSIT01 TONY 501 MANDAL.AY AVE # 604 C LEARWATER FL 33767 1710 C,HACONAS, ANGEL-INE: 6 @3 MYRTLE AVE. CL_EAItWATER FL -51756 SF 1 8 Ell C? FNTi�RPRIS.E.,'7 LA- I I_ LEVY, MARK S LEVY, DEBORAH T 10005 RAUELIFFE OR TAMPA Fl. 336EG 2' 11 CHASE, WALTER W CHASE, JUDITH A 11 SAN MARCO ST CLEARRWATE R FL -33767 2066 KAHLER, FERRY E KAHLER, VICKI LEE 89?7 MAGNOLIA CHASE CIF TAMPA F1. 33647 2220 L.OWE , JEFF LOWE, KATHY 700 DEER VUE LN F°E:NTON MO 63OE6 356E KULKARN I , V I NEET NAGALE, VISHWANATH 3426 DORAL.. DR WATERLOO I A 50701 46EV SCHECHTER, JANIS ILENE REVD 12103 MARBLEHEAD DR TAMPA FL 336E6 E505 RAG HAVAN, CHAKRAVARTHY RAGHAVAN, VASANTHY E19 1 S SOUTHERN BREEZE OR ORLANDO FL .' 2836 Sole MC CARTHY, EUGENE REV TRUST C; /O MC CARTHY, EUGENE THE 2505 ENTERPRISE RD CLE::ARWATE=.R FL 33763 1100 NOL_L., STI PHEN A NOLL , DE1I0RAH V 501 MANDALAY AVE # 701 CLEARWATER FL 73767 1711 J lJ" 1 f� or V F`,R G E R RALPH 1" 1- 1 V I N G' Y R V 8 MARRULLIER, ALAN H CASCIOLA, GENE M C/0 BERGER, F 'TRC SOI MANDALAY AVE # 706 CASC10LA, SHEILA 71-51 At, HVILLF- FARK DR CLEARWATER PU 7000 WEDD1NGTON BROOK OR COLUME�1..!S (.'Ili -73767 1 71 1 WEpqrNGTON NC S013 I ;!S104 7e7d4 HOERNIG, I-AVRA LOWRY. RICHARD 111 OLIVER, BRIAN C 3..T.7 RIVER B ND R1) I•OWRY, AIXXI.33 OLIVER, JEANINE H GRE-AT FALJ-'� VA Iff-18 PIPARIAN 1) R 3739 MULLENHURST OR i.' i. " C fs r, 4 1 3Y_. j n4!4FERVILLE IL VAt-M HARBOR FL 6QS6!5 4173 34666 3661 Kl.)Nlv ';AB :NA! V--'N,'-'T50Nj WILLIAM R IT ATKINS, J MICHAEL , KNQ'r5-.DN, CAIROILE N ATKINS, 'FERE15A K Sol MANDALAY AVE 1t CA 0 1 501 MANDALAY AVE 161.3 ELM SHORE OR C.L.EARLWATER FL. PORT BYRON IL 'T67 1 7 1 IT12 909e MIKHAIL. MAGUED N TPACH, RONALD F SR CRISTrE ANNE ENTERPRISES LL M.qf?Z()VK'? G, If'ACH, CYNTHTA, A F BOX 120 KlwirismE7,u D'F? N. 4651 MORRTIF CT BLOOMINGDALE IL FAt,M HAF?F;QR. m A!.'(? P4 0H 60105 oleo rj fir 6 1 4 040 FISHER, F'A.s"IELA N I C,08 MANDALAY LLC LEE, JEFF E O FTS' HER , LOVI$ R 2429 N FAIR',`Av DR 1 01 3 WATER$TONE DR 10 0 U N K 1: R `•/I.E. 1.) R ARLIN'-'-rON VA LAFAYETTE IN APOI—LO SEACH F-!.. I EP01 -_TIC 47,309 vwc, i, MYF.'( ' )!N rNYDERI, CLIFFORD D HURLEY, G JOHN .1•j K H, OC SNYDER, MARYL-IN V HURLEY, MAUREEN JOYCE F,01 MAIN!UALAY AVF It ,10 I 1650 WACHTI.-'-R AVE ae FOXTAIL CXR CLEANINIATFIR FL I ';.--AINT PAU'- MN CMERRY HILLS VILLAS CO 3 T 4r 4le5 Ic LA !3T jOHN, VfrNr41'5 THE I APPINGTOINt WILLIAM 1H PLANES, REGINA ST JOHN, VALERIE F J-1tiRic-mc, !F,01 MANDALAY -AVr # CLE AF'W ATER F-L 910 5S4 CYPRE55 LAKEVIEW CT TARPON SPRINGS Fl- N 11I C01-A NY 137 6 7 1 7 0 3 34688 7307 J N E $F.Alti CONDO* LLC DAV15, DEXTER G FETH, NICK A g875 1ij.0064 RT.VEIR PKWY 5T E I DAVIS, L.15-A ALE- ANDER po BOX 580 TAMPA •IL 501 MANDALAY AVE # 1009 WAYNESVILLE OH 33 6,3 7 1 CUEARWATER FL 45068 0580 1 33767 1703 / CLEARWATER, CITY 01 PO BOX 4748 CLEARWATER FL_ 1"37S8 4748 PANORAMA ON CLEARWATER HEAC 483 MANDALAY AVE STE E09 CLEARWATER FL 33756 5521 PANORAMA ON CLEARWATER £:SAC 10 483 MANDAL.AY AVE STE 209 C:L,EA,RWATER Fl_ .3:3767 2035 YE:AROUT, JANET A YEEAROUT, JAMES R 806 NARCISSUS CL EARWATERv FL 33767 1 334 XANXA INC 0 C/O LAMPATHAKIS, J` ME MAIN ST 3 T L" DUNE.DYN FL 3Gt3?' x,333 i. PANORAMA ON CLEARWATER HEAL oo 483 MANDALAY AVE STE 209 CLEARWATER FL ::3756 5521 PAL.m PAVILION CLWR INC 44 18 BAY ESPLANAVE CLEARWATER FL 33767 160? LA, '5 AL MOTEL CONDO po vox lo--q DUNED I N FL 346T7 10534 A I CLEARWATER, CITY OF I PO BOX 4748 1 CLEARWATER FL I 32t758 4748 I PANORAMA ON CLEARWATER BE.AC 483 MANDALAY AVE STE 209 CLEARWATER 4=L 33756 SS21 I PANORAMA ON CLEARWATER BEAC PANORAMA ON CLEARWATER BEAD i 483 MANDALAY AVE STE E09 483 MANDALAY AVE STE 209 CLEARWATER FL. CLEARWATER FL 33767 E035 33767 E035 PANORAMA ON CLEARWATER SEAL ' LOOKRETIS, JOHN L 403 MANDALAY AVE STE 209 LOOKRETIS, SOPHIE CLEARWATER FL 29 AVALON ST 3:%767 2035 CLEARWATER FL 33767 1602 YEAROUT, JANE R SOULOUNIAS, KALIOPE YIEAROUT, JANET A. 30 KENDALL ST 8 6.,NARCISSUS CLEARWATER FL_ CLEARWATER FL 33767 162.4 33767 1334 AE RO INC aAMARKOS, ANTHONY M EST C/O SAMARKOS, EVANGELINE'P P ;.;- KENDALL ST CLEARWATER FL 1 0 5 MIDWAY IS :i�37G7 1 fs ?G CLEARWATER FL (l 33767 F313 HAMILTON, HOWARD G HAMILTON; H G HAMILTON, JEAN B 1 HAMILTON, JEAN 5 909 SAY ESPLANADE 10 BAY ESPLANADE: +J CL.EARWATE_R FL.. CLEARWATER FL. r 33,767 1 112 33767 1603 tNAC: C..:�- l'IMO INC ING LANG DEVELOPMENT 3385 OLD RD C/O AMERADA HESS ATTN TAX DEPT TARPON S PKEYSTONE ONE HESS PLZ 74688 71500 WOODOR I DGE NJ 0*1'0 °35 1 £29 p S 8 CREDIT SERVICES INC p S 8 CREDIT SERV INC 505 3RD ST PO box :38 PRINSSURG mm PRrN$BURG MN 56281 3700 56281 0038 I R LA 5AL MOTEL CONDO A1,355N rn t.tr)X I 0! lq DUNE DIN FL 3461)7 1 0!34 r $ ri CReDI'f SE Rv INC PO BOX 38 pRIN,-,6VRG MN 56e"Rl 0038 2?e E 13TH s*rRri,*r CORP 44 EIL✓EN AVE rj-AINVlf.'.w NY 1 1 ��03 590*3 W- " . - -I - - -- - - o'ro95 ICE:9 F c? 5 CREDIT SERVICE5 INC 508 3RD ST PRINSSURG MN F62AI 3700 CREIT SERVICES INC r108 3RD RED IT MN 56981 3700 ROTH, ELIZADr-.TH W 8826 NAUTILUS OR TAMPA FL 336Z5 1339 p S S CREDIT SERV INC p 5 S CREDIT '�CERV INC C ro Bo PO BOX 36 x PRINS-SURD MN rRINSHURG MN 56F81 0038 YEAROUT, JAMES llAYD('liq, CHAKLF-.�: 806 NARCISSUS 1601 DkUID RD E CLEARWATER FL CLEARWATER FL 1334 33767 YFAROUT I JANE R YEAROUT, JANET A 806 NARCISSUS CILEARWATER FL 33767 1334 KRAMER, TEREc3A A fZADFORD, MAXWELL M I-AUREL ST CLE- AR ',,'-ATER FL 33767 1106 Po BOX 914", BRANDON FL 3 -!!E, O° O'l 1 4 UAY ESPLANADE 617 SAY ESPLANADE CLEARWATER FL. 321767 1 61 7 KRAMER, TERESA A RADFORD, MAXWELL M 55 LAUREL ST CLEARWATER FL -3 3 7 () 7 1 1 06 CZjpRI, BRENDA K TR' 334 EAST LAKE RD STEW 33.8 PALM HARBOR FL 34685 2427 r :5 0 CREDIT SERV INC ro Box 38 rRINSBURG IIN 56eel 0038 Kor-NIG, r4ORBERT KOENIG, BRUNHILDE 44 EILEEN AVE PLAINVIEW NY 11803 5903 MC LAY, DAVID THE po BOX 7153 CLEARWATER FL 137SS 7153 P S B CREDIT SERV INC PO BOX 36 PRINSOURG MN u'6eo1 0038 li &, HS BEACH PLACE*: 7105 PELICAN ISLAND DR TAMPA FL 33634 7461 DAY ESPLANADE PROPERTIES LL 64 SAY ESPLANADE CLEARWATER FL 33767 1608 RUSULIS, ELAINE TREE 31 ISLAND WAY # 602 CLEARWATER FL 33767 ZE06 c/) PORPOISE INN INC oog CYPRUS AVE CLEARWATER FL 13767 1621 .3';7 1 K KOZIK, A V!" -3 3767 1 1 3 1 FLORIDA POWER CORP CIO TAX DEPT C-Xl(7 PO BOX 1404;,.> ST PETER SuquRc, 325733 404? sHrA►? , L. L1 AV 11) C/O RUDEN, MC CLO•�'Y, ;MITH 401 E JACK`;ON 93T STE 270.0 TAMPA F-L WAL.LACE, A UARRARA 606 CYPRU> AVE CLEARWATER FL 33767 1620 0 CHAPEL MY "F:A CLEARWATFR VIC 54 BAY K-5FI-ANAVF. CLE*.ARWATER FL 33767 1607 rRV---!5TON, MICHAEL G TRE 'q I " E- 5 H 0 R F- L) Tt CLJ'.ARY(VTt-K FL. "`71767 ZOZi,% 10 TUiNA XNVF�TMENTF,', ID :41 _5j-, 51,1 -3 Rl D A V 1: MIAMI FL 3 1 1-'-Z ' 1:?7 1 1 10 -jak alk- 0 R M, I I T N v c -O! n I F1 c S84 "-.iA)l E!�,'PLANADF-' Wjt� T HF-S PROPERTIES I I LLC 30F. t4INDWARD I'S ROYAL CAMEI-o'r LLC '�;�760 P-ATES ST 5E.M31NOLE FL. 3 C-' ^"I jig . 7 7 7 Z �tr'Z!'-.-.E7FWAY INC Pi'lNSEjTTA ",,V�� j r-,,v. I Ar FL � ' 3:3 7 rl 1 6 3 S 41 -J, I E A 5 T S H 0 R E DR CLEAPIWATER 337,67 aOE:8 P'tONI , JOAN ` Fk.- -f Ili * T 1 -1 7! "I KOVACS , VIOLE -, K 23 R 01 C K A W A Y .1.3 T CLCARWATER Fl- 7 -376'7 1 7 -.39 TKZF" 5CHAPER, CHARLES F S80 BAY ESPLANADE CLEARWATER FL :33767 1609 FLORTDA POWER CORP C/O TAX DEPT CXIG PO BOX 14042 ST PETERSBURG FL. 33733 4042 $HEAR, L DAVID C/O RUDEN, MC GLOSKY, SMITH 401 E JACKSON ST STE 2700 TAMPA FL 33502 salt CLEARWATER, CITY OF PO BOX 4748 CLEARWATER Fl- 33753 47,18 CHAPEL BY t-.EA CLEARWATER "C 54 SAY E5PLANADE CLEARWATER FL '53767 1607 HUNT!SP HOTE-1. CO PO SOX 7230 DES MOINES TA n0309 7a3g KOVACS, VIOLET C Z17 ROCKNMAX ST .N-71767 HUNTER HOTEL GO VO BOX 723.0 DF5 MOINE5 TA 50309 7230 $F 1 rroperry r%pprcuser venerdl imormauvn: u:)i1-yiiDivuvuvi-"'Uiuiuv nr[ p:u www_ pcpao. org/ gencrai .pnprpn= i:)zyuDvuvvuw.�uutuv a, -=� yq5- 0�-D Building Data for Map of this Back to Quern New Tax Collector Question /Comment about this this parcel ap rcel Results Search Information pale Parcel Number 05/29/15/00000/330 /0100 Data Current as of September 26, 2005 [9:49 am Friday September 30] Nonresidential Property Owner, Address, and Sales BEG AT NW COR LOT 9 YACHT BASIN SUB RUN N'LY ALONG E R/W MANDALAY AVE 400 FT(S) TH E'LY ALONG S R/W CLEARWATER ST 915 FT(S) TH S'LY ALONG SEAWALL 195 FT (S) TH W'LY MEANDERING SHORELINE 700 FT(S) TH S'LY 100 FT(S) TH SW'LY ALONG SEAWALL 245 FT(S) TH S'LY 60 FT(S) TH W'LY 27 FT(S) TO POB ' CONT 4.13 AC(C) * ` Click here for short legal ** 2004 Exemptions Homestead:'No Use: 0 % Ownership: 0 % Tax Exempt: 0 % i Government: Yes Institutional: No Agricultural: $0 Historic: $0 2005 Value Comparable Sales value based on historical sales from 2003 -2004: $0 Just /Market Value: $8,557,500 Assessed Value /Save our Homes Cap: $8,557,500 Taxable Value: $0 Warning: A significant taxable value increase may occur when sold. Click here for details and info. regarding the posting of exemptions. 2005 Tax Information Tax District: CW Proposed Millage: .23.2372 Special Tax: $.00 Estimated Taxes: $.00 Estimated Taxes without $.00 Save -Our -Homes cap: Estimated Taxes $198,852.34 without any exemptions: Parcel Information Book/Page: 00000 /0000 Land Use: Other Municipal (89) Census Tract: 260.02 Evacuation Zone: A Mailing Address Property Address CLEARWATER, CITY .OF PO BOX 4748 m;`.; 69 BAY ESPLANADE CLEARWATER FL 33758=4748 Plat Year Plat Book/Page(s) Not Platted Sale Date Book/Page Price QiU V/I No Recent Sales Land Information Seawall: Frontage: None View: Land Use Land Size Unit Value Units Method Other 50.00 179,900.00 S Municipal Building Data for Map of this Back to Query Netiv Tax Collector Question /Comment about this 1 of 2 9/3012005 9:50 AM �..wuu✓ vv u.u� a avl,�.. ,.Y2,awuva •iuV.Lwuvaa. •, ., �.. •., Vvvvv _, ... 11L1�1. /I�,aV.W.�/111{,11aJ. u.UD / — itxa —L4Y LV LLv %,— LIX.l- 05 / 20 / 15 / 00000 / 330 / 0100 08- Nov -2005 Jim Smith, CFA Pinellas County Property Appraiser 13:23:35 Ownership Information Non - Residential Property Address, Use, and Sales CLEARWATER, CITY OF OBK: 00000 CPS: 0000 PO BOX 4748 CLEARWATER FL 33758 -4748 EVAC: A EUAC Comparable sales value as Prop Addr: 69 BAY ESPLANADE of Jan 1, 2005, based on Census Tract: 260.02 sales from 2003 - 2004: p Sale Date OR Book /Page Price (Qual /UnQ) Vac /Imp Plat Information 0 /0 .0/ 0 0 { 0000: Book Pgs - 0 /0 0/ 0 0 { ) 0000: Book Pgs - 0 /0 0/ 0 0 ( ) 0000: Book Pgs - 0 /0 0/ 0 0 2006 Value EXEMPTIONS Just /Market: 81557,500 Homestead: NO Ownership .000 Govt Exem: YES Use X: .000 Assessed- /Cap: 8,557,500 Institutional Exem: NO Tax Exempt Z: .000 Historic Exem: 0 Taxable: 0. Agricultural: 0 2004 Tax Information District: Cu seawall: Frontage: Clearwater view: 05 Millage: 23.2372 Land Size Unit Land Land Land Front x Depth Price Units Meth 05 Taxes: .00 1) 0 x 0 50. 00 179, 900. 0 S Special Tax .00 2) 0 x 0 .00 .00 3) 0 x 0 .00 .00 Without the Save -Our -Homes 4) 0 x 0 .00 .00 cap, 2005 taxes will be : 5) 0 X. 0 .00 .00 .00 6) 0 x- 0. .00 .00 Without any exemptions, 2005 taxes will be 198, 852.34 Short Legal BEG AT NW COR LOT 9. YACHT.,. BASIN SUB RUN W LY ALONG E Description R/W MANDALAY AUE 400 FT(S)s TH C LY ALONG S R/W Building Information 2 of 6 11/8/2005 1 :24 PM --'Ll a AVF�.-,.y AFFLa a L ""VAILLauvu. w.+ vv%jvv i... L4 L--► T ST (BAY ESPLANADE) 5 of 6 11/8/2005 1:30 PM CCPn 3 --:4 U S- b U Appendix G Construction Techniques -�-4 4Q45— � �e A, Construction Techniques All pilings will be 2.5 CCA treated 8 -inch diameter tip pilings, bolted with 5/8 -inch galvanized bolts. Pilings will be pile wrapped from 2 feet above Mean High Water (MHW) to 1 foot below mudline. Pile wrap is .030 inch thick PVC vinyl made from recycled material and attached with stainless steel roof nails every 6 inches along seam. Pilings will be initially set by jetting the pilings with a hydro -j et. The pilings will then be hammered by drop hammer until desired penetration is reached (minimum 6 feet). All stringers and fascia boards will be 2 -inch x 8 -inch. Headers will be doubled 2 -inch x 10 -inch bolted top and bottom with 5/8 -inch HDG bolts. All framing will be #2 .40 ACQ treated. Decking will be 2 -inch x 6 -inch #1 Pine EE decking, and secured with stainless deck screws. All material will be delivered to the site by truck. Pilings will be floated into position, then set and hammered with a barge or crane as site conditions permit. Framing will be installed starting at the seawall and built out waterward. Workers will work off of framing as it is installed. TYPE Z TYPE I Ll 0, •5'Sid. (Single Panel For Depth$ S'ar Lem). ' 0e •S'Sid. (AddiMnal Panel For Depns > S•A Curtain To Ream Bonam Up To Dephaa Of 10 Foot: — Twnr2) Peaels To ae Lued For Dephs Oreatbr Thai 10 Feet Unless Spedal DM to LLfIMre Spedffwtiy'Called For In The Plane 01 As Oemrmfned By;The EAdneer. • NOTICE, OWPONENTS OF TYPES LAND ZMAT'BE SIUIW WJ IDENTICAL TD PROPMETARf- DESIGNS. ANY INFRINOEMENT.v ON THE PR PMrARy NGHTS OF THE DESIGNER SHALL BE THE SOLE RESpONS1TIUTY Of THE USER, SUBSTITUTIONS FOA TYPES LAND II SHALL aE AS APPROVED BY THE ENOINEER' 14 1 _ FLOATING TURBIDNF3' BA/tR/ERS Prop—d Tae Of Slope + 1 •'! /� "/ 1 f 'Exldtirg� i ti ..._ 4-4 r ^^ „" SMm Len tart~ Ylptcbl7 t �Dna current - Structure AlfpAmehl Closed Cell Solid MUM Foam Flotation (6' Dio. ouiv.) r12 Los. Per ft. &WawyI _ . IPalrpm Rope 1600 lb. amakfne Strength) S'Qf —.-ed Clnfm LEGEND • Pile Lomtians Oredpr or MY Area -« Mmr1Ap Buoy wrAnanr Anther Baal" Mavernmt Due To LWmM` Adion P t t O,d'am, 2' x 4' (k 2 MM. fro. Wood) Steel F.--� S'Maa. —LJl Lwrt. MNL1 j7l i ' Nylon Re /nfAMvd l-- y{-- - --- -I - -7k�. )WC Fawk I 3 gel Test) u u STAKED TURBIDITY BARRIER AN�r � tiN 117_Of Cabal. Lfa1nS D/ carat- - snore Llne Turbid" Terriers &AyI ShWhIM CAW Steel Cade NOTES, Turbidity bariem ra flowing streams and tidci / ' low Lai. Breakfrd Strength) With areala may (N elfher floating, v atoned Iypea or any aarolr.Nans of types that will It it. SIoNrO PVC Cortnedtor PlAe f 6aNantted COnnedas ( Tool Free Olsmnncd ) S. Oeplayment of bailer armed pile toaellau any vary to accnemadot& coMMIM IM eperdiW. l Merol Lollar ReiM'ortxal �_ i Clued Coll Said LWIV.I(IT Flotation EauN. l 1 f! Na. bar under the pay new.) .1dikhe1 in the plane for Ftaflnp Turbidity Barrier oM /a P,, Ft. -pyanc�fo. Staked Tuvbhgly aarier. fasts In staked turadify, barriers to be hutollee In vert(oel position unlen othemise dfreded by Me 18 02. Nylon Rrin(orced PVC Fabric MO Pit Test) -� ) o I -' 18 Oz. Nylon Reinforced I .s� _Strom Plote - g'Dolvonlrld Chain PVC Fahrtc (MO pat I Tod) With Lacing 6nn TYPE Z TYPE I Ll 0, •5'Sid. (Single Panel For Depth$ S'ar Lem). ' 0e •S'Sid. (AddiMnal Panel For Depns > S•A Curtain To Ream Bonam Up To Dephaa Of 10 Foot: — Twnr2) Peaels To ae Lued For Dephs Oreatbr Thai 10 Feet Unless Spedal DM to LLfIMre Spedffwtiy'Called For In The Plane 01 As Oemrmfned By;The EAdneer. • NOTICE, OWPONENTS OF TYPES LAND ZMAT'BE SIUIW WJ IDENTICAL TD PROPMETARf- DESIGNS. ANY INFRINOEMENT.v ON THE PR PMrARy NGHTS OF THE DESIGNER SHALL BE THE SOLE RESpONS1TIUTY Of THE USER, SUBSTITUTIONS FOA TYPES LAND II SHALL aE AS APPROVED BY THE ENOINEER' 14 1 _ FLOATING TURBIDNF3' BA/tR/ERS Prop—d Tae Of Slope + 1 •'! /� "/ 1 f 'Exldtirg� i ti ..._ 4-4 r ^^ „" SMm Len tart~ Ylptcbl7 t �Dna current - Structure AlfpAmehl Closed Cell Solid MUM Foam Flotation (6' Dio. ouiv.) r12 Los. Per ft. &WawyI _ . IPalrpm Rope 1600 lb. amakfne Strength) S'Qf —.-ed Clnfm LEGEND • Pile Lomtians Oredpr or MY Area -« Mmr1Ap Buoy wrAnanr Anther Baal" Mavernmt Due To LWmM` Adion P t t O,d'am, 2' x 4' (k 2 MM. fro. Wood) Steel F.--� S'Maa. —LJl Lwrt. MNL1 j7l i ' Nylon Re /nfAMvd l-- y{-- - --- -I - -7k�. )WC Fawk I 3 gel Test) u u STAKED TURBIDITY BARRIER AN�r � tiN 117_Of Cabal. Lfa1nS D/ carat- - snore Llne Turbid" Terriers GENERAL NOTES I. Flmling turbidity barn /ere are to be pdd for under the "",not unt, prke fa Flouting Turbidity Boater, LF. 2. Slated "dIlyy oarrkrs am to be pale for under the Mhoot on pricy for Staled Twadfty Bonier, LF. Nolen NOTES, Turbidity bariem ra flowing streams and tidci 1. Twadily barrlem we to be used In all pdmanont budtes of water rapomless of water depth. areala may (N elfher floating, v atoned Iypea or any aarolr.Nans of types that will It it. 2. NLWb r and appang of a&WS depend"t on current veloMRes. caldtllw . alert erosion sarfrol me water quality requlrane.M. The bpr.Y, lypas) .11) S. Oeplayment of bailer armed pile toaellau any vary to accnemadot& coMMIM IM eperdiW. be of the Cowm0 ra Option unlau othsrwMe Aoeolffed In the plans, howeverpayaent will f. NovfpUMn may requite sepmentag barrier during tonstrxHan operations, bar under the pay new.) .1dikhe1 in the plane for Ftaflnp Turbidity Barrier oM /a 5. Far add rimal mromwtim see Stevan 104 or the Slonaard SpeaYloaliona. Staked Tuvbhgly aarier. fasts In staked turadify, barriers to be hutollee In vert(oel position unlen othemise dfreded by Me Engineer, TURBIDITY BARRIER APPLICATIONS GENERAL NOTES I. Flmling turbidity barn /ere are to be pdd for under the "",not unt, prke fa Flouting Turbidity Boater, LF. 2. Slated "dIlyy oarrkrs am to be pale for under the Mhoot on pricy for Staled Twadfty Bonier, LF. APPENDIX H WETLANDS, SEAGRASSES, CORALS i) rl v A Sets Clearwater Beach Recreation Center N TM Coral and Sponge Species Present Siderastrea radians Lesser starlet coral Siderastrea siderea Massive startlet coral Oculina sp. Ivory coral Cliona sp. Red boring sponge tiUS - 65(.0 APPENDIX I MANATEE INFORMATION FWC - FMRI - Marine Resource Geographic Information System (MRGIS� Page 1 of 1 A9 31.-1 S - O Lo ArcIMS HTML Viewer Map o - �o P �m A e a 1@ I a FAA 6 4a u. U, J 'X Manatee Mortality through December 2004 eq http: // ocean .floridamarine.org /servletleom. esri .esrimap.Esrimap ?ServiceName= overview &... 9/29/2005 Human Related: Waiercrafl Collision Human Related: Flood GatetCanai Lock Human Related: Other ip Perinatal [lass than or equal to 150 cm] Natural: Cold Stress [beginning in 19831 Natural: Met [includes Red Tidal Verified: Not Recovered Undetermined: Too Decomposed Undetennined: Other Florida Shoreline(i:40,000- Shoreline http: // ocean .floridamarine.org /servletleom. esri .esrimap.Esrimap ?ServiceName= overview &... 9/29/2005 ribu auu w HUMV, Aescarcn mSLnuLe nup:ii researcn .myiwc.com''im((anateeesisearccii summary_resutts.asp'!c... rio Rv m 'lti it rr 1%1Y F 17. .1 S L1Ci 4,Tftt;A:� I& D1 14��1EA� Marine Mammal Pathobiology Laboratory Manatee Mortality— Database Search Results Your Search Was: • In The County Or Counties 'Pinellas' • For The Following Probable Cause(s) Of Death: • Watercraft • Gate/Lock • Human, Other • Perinatal • Cold stress • Natural • Undetermined • ALL MONTHS • ALL YEARS New Search Probable Cause of Death County Total Watercraft Gate/Lock Human, Other Perinatal Cold stress Natural Undetermined March 1976 Pinellas 0 0 0 1 0 0 0 1 Month Totals: 0 0 0 1 0 0 0 1 Year Totals: 0 0 0 1 0 0 0 1 April 1978 Pinellas 0 0 0 0 0 0 1 1 Month Totals: 0 0 0 0 0 0 1 1 May 1978 Pinellas 0 0 0 1 0 0 0 1 Month Totals: 0 0 0 1 0, 0 0 1 Year Totals: 0 0 0 1 0 0 1 2 October 1980 Pinellas 1 0 0 0 0 0 0 1 Month Totals: 1 0 0 "0 0 0 0 1 Year Totals: 1 0 0 0 0 0 0 1 March 1983 Pinellas 0 0 0 0 0 0 1 1 Month Totals: 0 0 0 0 0 0 1 1 Year Totals: 0 0 0 0 0 0 1 1 March 1985 I of 8 9/26/2005 1:27 PM Wd LZ:I 90OZ /9Z/6 8 3o Z 6666aunr 6 0 0 0 6 0 0 0 :sle;ol y ;uoW 6 0 0 0 L 0 0 0 sellauld 6666 AeW E L 0 0 Z 0 0 0 :sle;ol JeeA £ L 0 0 Z 0 0 0 :s1e;014 1uoW £ L 0 0 Z 0 0 0 Sellauld 0666 43JOW £ 0 0 0 0 0 0 £ :sle;ol JeaA 6 0 0 0 0 0 0 6 :sle;o14 ;uoW 6 0 0 0 0 0 0 L Sellauld 6866 Jago ;o0 6 0 0 0 0 0 0 6 :Sllnol4 ;uoW 6 0 0 0 0 0 0 L Sellauld 6866 AInf 6 0 0 ;...:, 0 0 0 0 6 :slelol4luoW 6 0 0: ". .; ,. , 0` 0 .. 0 0 L sellauld 6866 4oJeW 6 0 0 0 6 0 0 0 :sle;ol JeaA 6 0 0 0 6 0 0 0 MIL101 WOW 6 0 0 0 L 0 0 0 Sellauld 8866 4oJeW 6 _ 0 0 6 0 0 0 0 :sle;ol JeaA 6 0 0 6 0 0 0 0 :sIe4o143uoW 6 0 0 L 0 0 0 0 Sellauld ZM AJenuer Z 6 0 0 0 0 0 6 :sle}ol JeaA 6 0 0 0 0 0 0l 6 MIe3 I WOW 6 0 0 0 0 0 0 L Sellauld 9866aunr L 6 0 0 0 0 0 0 :slLqol4;uoW 6 L 0 0 0 0 0 0 Sellau!d 9866 AeW Z 0 0 0 Z 0 0 0 :sle;ol JeaA 6 0 0 0 6 0 0 0 :sle4o14 ;uoW 6 0 0 0 L 0 0 0 Sellauld 9866 Jaquaa;dag 6 0 0 0 6 0 0 0 :SM014luoW 6 0 0 0 L 0 0 0 Sellauld "'!)idCR'S1Tnq:^ 7 ,(jrujTIITI4 u,)jvnq /CaQ1vuv.. 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CC 73 - 0 �a Pinellas 0 0 0 1 0 0 0 1 Month Totals: 0 0 0 1 0 0 0 1 Year Totals: 0 0 0 2 0 0 0 2 October 1992 Pinellas 1 0 0 0 0 0 0 1 Month Totals: 1 0 0 0 0 0 0 1 Year Totals: 1 0 0 0 0 0 0 1 March 1993 Pinellas 0 0 0 0 0 1 0 1 Month Totals: 0 0 0 0 0 1 0 1 December 1993 Pinellas 0 0 0 0 0 1 1 2 Month Totals: 0 0 0 0 0. 1 1 2 Year Totals: 0 0 0 0 0 2 1 3 February 1994 Pinellas 0 0 0 0 0 0 1 1 Month Totals: 0 0 0 0 0 0 1 1 March 1994 Pinellas 0 0 0 0 0 0 1 1 Month Totals: 0 0 0 0 0 0 1 1 June 1994 Pinellas 1 0 0 1 1,; 0 0 0 2 Month Totals: 1 0 0. 1 0 0 0 2 August 1994 Pinellas 0 0 0.. „ 0 0 0 1 1 Month Totals: 0 0 0 0 0 0 1 1 November 1994 Pinellas 0 0 0 0 0 1 1 2 Month Totals: 0 0 0 0 0 1 1 2 Year Totals: 1 0 0 1 0 1 4 7 March 1995 Pinellas 0 0 0 0 0 0 1 1 Month Totals: 0 0 0 0 0 0 1 1 May 1995 Pinellas 1 0 0 0 0 0 0 1 Month Totals: 1 0 0 0 0 0 0 1 June1995 Pinellas 0 0 0 1 0 0 1 2 Month Totals: 0 0 0 1 0 0 .1 2 3 of 8 9/26/2005 1:27 PM r isn anu w mute iceseumn MSLILULe August 1995 nttp:n researcn .mytwc.convmanateesisearcn summary_resuLts.asp'!c... �3-:)v 1--kLA 5 -CSLo Pinellas 0 0 0 0 0 1 0 1 Month Totals: 0 0 0 0 0 1 0 1 November 1995 Pinellas 0 0 0 1 0 0 1 2 Month Totals: 0 0 0 1 0 0 1 2 Year Totals: 1 0 0 2 0 1 3 7 January 1996 Pinellas 0 0 0 0 1 0 0 1 Month Totals: 0 0 0 0 1 0 0 1 June 1996 Pinellas 0 0 0 1 0 0 0 1 Month Totals: 0 0 0 1 0 0 0 1 July 1996 Pinellas 0 0 0 2 -0:.:. 1 ._ 0 3 Month Totals: 0 0 0 2 0 1 •' 0 3 August 1996 Pinellas 0 0 0 0 0 0 1 1 Month Totals: 0 0 0 October 1996 Pinellas 0 0 0 1 0 0 0 1. Month Totals: 0 0 0 1 0 0 0 1 Year Totals: 0 0 0 4 1 1 1 7 January 1997 Pinellas 0 0 0 0 0 0 1 1 Month Totals: 0 0 0 0 0 0 1 1 February 1997 Pinellas 0 0 0 1 0 0 0 1 Month Totals: 0 0 0 1 0 0 0 1 May 1997 Pinellas 1 0 0 0 0 0 0 1 Month Totals: 1 0 0 0 0 0 0 1 October 1997 Pinellas 0 0 0 0 0 1 0 1 Month Totals: 0 0 0 0 0 1 0 1 December 1997 Pinellas 0 0 0 0 0 0 1 1 Month Totals: 0 0 0 0 0 0 1 1 Year Totals: 1 0 0 1 0 1 2 5 4 of 8 9/26/2005 1:27 PM risru uuu w uwue iceseamn insutuie nttp : / /researcn.mytwc.com/manatees /search summary_results.asp'lc... March 1998 - Pinellas 0 0 0 1 0 0 1 2 Month Totals: 0 0 0 1 0 0 1 2 May 1999- Pinellas 0 0 0 0 0 °^ 0 1 1 Month Totals: 0 0 0 b '. 0 0 1 1 June 1998 Pinellas 0 0 0 0 0 0 1 1 Month Totals: 0 0 0 0 0 0 1 1 August 1998 Pinellas 1 0 0 0 0 0 0 1 Month Totals: 1 0 0 .0 : 0 0 0 1 September 1998 Pinellas 1 0 0 0 0 0 0 1 Month Totals: 1 0 0 0 0 0 0 1 December 1998 Pinellas 0 0 0 0 0 0 1 1 Month Totals: 0 0 0 0 0 0 1 1 Year Totals: 2 0 0 1 0 0 4 7 February 1999 Pinellas 1 0 0 0 0 0 0 1 Month Totals: 1 0. 0 0 0 0 0 1 i March 1999 Pinellas 0 0 0 0 1 0 2 3 Month Totals: 0 0 0 0 1 0 2 3 August 1999 Pinellas 0 0 0 0 0 0 1 1 Month Totals: 0 0 0 0 0 0 1 1 November 1999 Pinellas 0 0 0 0 0 1 0 1 Month Totals: 0 0 0 0 0 1 0 1 December 1999 Pinellas 1 0 0 0 0 0 0 1 Month Totals: 1 0 0 0 0 0 0 1 Year Totals: 2 0 0 0 1 1 3 7 February 2000 Pinellas 0 0 0 0 1 0 0 1 Month Totals: 0 0 0 0 1 0 0 1 May 2000 5 of 8 9/26/2005 1:27 PM rises anu wiicuiie icesearcn insntute http : //researeh.mytwc.com/manatees /search summary_results.asp' ?c... Pinellas 0 0 0 1- 0 0 1 2 Month Totals: 0 0 0 1 0 0 1 2 June 2000 Pinellas 0 0 0 1 0 0 0 1 Month Totals: 0 0 0 1 0 0 0 1 Year Totals: 0 0 0 2 1 0 1 4 January 2001 Pinellas 0 0 0 0 2 2 0 4 Month Totals: 0 0 0 0 2 2 0 4 February 2001 Pinellas 1 0 0 0 0 0 0 1 Month Totals: 1 0 0 0 0 0 0 1 July 2001 Pinellas 0 0 0 1 0 0 0 1 Month Totals: 0 0 0 1 0 0 0 1 September 2001 Pinellas 0 0 0 0 0 1 0 1 Month Totals: 0 0 0 0 0 1 0 1 October 2001 Pinellas 0 0 0 0 0 1 0 1 Month Totals: 0 0 0 0 0 1 0 1 November 2001 Pinellas 0 0 0 0 0 1 0 1 Month Totals: 0 0 0 0 0 1 0 1 Year Totals: 1 0 0 1 2 5 0 9 March 2002 Pinellas 0 0 0 1 1 0 0 2 Month Totals: 0 0 0 1 1 0 0 2 April 2002 Pinellas 1 0 0 ,' 1 0 1 0 3 Month Totals: 1 0 0 1 0 1 0 3 September 2002 Pinellas 1 0. 0 1 0 1 0 3 Month Totals: 1 0 0 1 0 1 0 3 Year Totals: 2 0 0 3 1 2 0 8 February 2003 Pinellas 0 0 1 0 1 0 0 2 Month Totals: 0 0 1 0 1 0 0 2 March 2003 6 of 8 9/26/2005 1:27 PM r isn anu w nunie nesearca insuruie http:ii research .myrwc.comLmanatees/search summary_results.asp'!c... Pinellas 1 0 0 0- 0 0 0 1 Month Totals: 1 0 0 0 0 0 0 1 ° July 2003 Pinellas 1 0 0 0 0 0 0 1 Month Totals: 1 0 0 0 0 0 0 1 August 2003 Pinellas 0 0 0 0 0 1 0 1 Month Totals: 0 0 0 0 0 1 0 1 September 2003 Pinellas 0 0 0 0 0 2 0 2 Month Totals: 0 0 0 0 0 2 0 2 October 2003 Pinellas 1 0 0 0 0 0 0 1 Month Totals: 1 0 0 0 0 0 0 1 December 2003 Pinellas 1 0 0 0 0 0 0 1 Month Totals: 1 0 0 0 0 0 0 1 Year Totals: 4 0 1 0 1 3 0 9 March 2004 . Pinellas 0 0 0 0 0 1 0 1 Month Totals: 0 0 0 0 0 1 0 1 July 2004 Pinellas 1 0 0fl 0 0 0 1 Month Totals: 1 0 0 0 s 0 0 0 1 August" 2004 Pinellas 1 0 0 0 0 0 0 1. Month Totals: 1 0 0 .0 A 0 0 1 September 2004 Pinellas 1 0 0 0 0 0 0 1 Month Totals: 1 0 0 0 0 0 0 1 November 2004 Pinellas 1 0 0 0 0 0 0 1 Month Totals: 1 0 0 0 0 0 0 1 Year Totals: 4 0 0 0 0 1 0 5 January 2005 Pinellas 0 0 0 1 0 0 0 1 Month Totals: 0 0 0 1 0 0 0 1 Year Totals: 0 0 0 1 0 0 0 1 Grand Totals: 24 0 1 25 8 18 23 99 7of8 9/26/2005 1:27 PM AI , � � V. b Delta Seven Transmittal Form P.O. Box 3241 Saint Petersburg, FL 33731 TM Pb:727- 823 -2443 Date: 12/26/07 TO: Carol Grynewicz PROJECT: Clearwater Recreation Center We are transmitting 1 copies of the following: Payment _x—Copy of a letter Discs Drawings Plan Prints Product Literature Samples Other For your: _Action As Requested —Approval _Distribution Remarks: Carol- Transmitted by: x Regular Mail Hand Delivered Overnight Other _x—Information _Review/Comment Use �Record/Files ,Signature Per our conversation of last week, please find enclosed the final City of Clearwater Development Orders from both the Community Development Board and the City Council pertaining to the Clearwater Recreation Center docking facility. These Orders constitute the final approval by the city for the revised docking facility application. These documents and the previously provided City Council hearing DVD should provide the requisite information to allow the county to proceed to the hearing phase of the review. Should you have any questions, please call 727 - 823 - 2443.,,,. Sincerely, Ryan O1 January 29, 2008 Ms. Carol Grynewicz Pinellas County Water and Navigation 510 Bay Avenue Clearwater, FL 33756 Re: Clearwater Recreation Center Boat Docks Dear Ms. Grynewicz: The Belle Harbor Owner's Association, Inc., is the owner of the property immediately south of Clearwater Recreation Center, and does not object to the current design of the proposed boat docking facility. The Association has expressed concern with regard to the security and noise associated with the facility and is working with the applicant, the City of Clearwater to resolve these issues for the mutual benefit of all parties. Sincerely, Ken Robulak President BELLE HARBOR OWNER'S ASSOCIATION, INC. 501 Mandalay Avenue • Clearwater, FL 33767 PINELLAS COUNTY DEPARTMENT OF ENVIRONMENTAL MANAGEMENT WATER AND NAVIGATION REPORT SUBJECT: Commercial Dock Application CC37445 -06/ Revised City of Clearwater 69 Bay Esplande, Clearwater Mandalay Channel FROM: Carol Grynewicz Environmental Specialist II Department of Environmental Management THRU: David L. Walker, Jr., Environmental Program Manage 4�z Water and Navigation Section Department of Environmental Management DATE: March 14, 2008 The original application was received by this Department on June 29, 2006. The subject site was inspected by this Department on July 17, 2006. The latest revision to this application was received by this Department on January 29, 2008. PROJECT AND SITE DESCRIPTION: The City of Clearwater proposes to construct an 11,343 square foot, 42 -slip commercial dock in the waters of Mandalay Channel. The proposed structures will consist of an 8 ft. by 139 ft. boardwalk for transient vessels, an 8 ft. by 545 ft. main walkway, an 8 ft, by 73 ft. main walkout, five additional walkouts off of the main walkway (6 ft. by 60.5 ft., 6 ft. by 101.5 ft., 6 ft. by 104.5 ft., 6 ft. by 88.5 ft., and 6 ft. by 60 ft.), six 3 ft. by 30 ft. catwalks, three 3 ft. by 38 ft. catwalks, nine 3 ft. by 40 ft. catwalks, four 3 ft. by 26 ft. catwalks, one 3 ft. by 54 ft. catwalk, thirteen boat lifts, and associated tie poles. The total area of the proposed structure will be 11,343 sq. ft. The waterfront width of the applicant's property is 1,114 ft. The width of the proposed docking facility will be 705.5 ft. The width of the waterway in this location is approximately 300 ft. The structure will project 165 ft. (551/0) beyond the mangmves into the navigable waterway. Depths in the slips will range from 2.0 ft. to 7.1 ft. at Mcan Low The western and far eastern portions of the shoreline have a concrete seawall with oysters (C rassostrea virginica) attached to the seawall. The remainder of the shorelffie is natural v-ith a ma; ue mangrove fringe consisting of red, black, and white mangroves (Phizophora :Wangle, r .• - ,IIry. in r.-Y c ;.n.cr� rnnai„a from 10 #t tt? 15 ft ta?1 nthar vegetation along the shoreline includes saltbush (Baccharis alirr ift�lia , sea grape (Caccalab a _. V fera), Brazilian pepper (Schinus terebinthifolin's); - ,M(!,.t? purslane (Sesuvium portulacastrum), railroad vine Qpomoea pes- caprae), and Wedelia trilobata. There are some scattered oysters, corals and tunicates along this shoreline. There is an existing dock which will be removed. Seagrass is present along the majority of the property. It consists of sparse to dense Cuban shoal grass (Halodule wrightii), manatee grass (Syringodium filiforme), and turtle grass (Thalassia testudinum). The closest area of seagrass starts 2 ft. from the seawall and extends out to 110 ft. at the far eastern portion of the shoreline, outside of the proposed dock location. Most of the seagrass areas range between 20 ft. to 70 ft. from the top of bank. Wildlife observed during the field inspection included great egrets (Casmerodius albus), great blue heron (Ardea herodias), little blue heron (Florida caerulea), gulls (Lanus spp.), mullet (Mugil cephalus), blue crabs (Callinectes sapidus), fiddler crabs (Uca sp.), and tunicates (Rhopalaea crassa). Water depths along this shoreline are as follows Depths near end of canal: Distance Depth De Depth Notes /Comments _. 0 Ankle deep muck 13 0.5 0.3 Water's edge 20 0.2 0 23.5 4.2 4.0 End of existing dock 30 0.6 0.4 39 6.0 5.8 Start of seagrass Halodule wrightii 40 1.0 0.8 50 1.5 1.3 52 6.4 6.2 Seagrass starts again - moderate 60 1.7 1.5 End of seagrass 70 2.5 2.3 80 3.9 3.7 90 3.7 3.5 Opposite dock Depths off right side of existing: Distance Depth De Depth Notes /Comments 6 Water's edge 10 0.5 0.3 20 3.4 3.2 26 4.2 4.0 Outside of existing; 1' of muck 30 5.6 5.4 37 6.0 5.8 40 1 6.2 1 6.0 50 6.4 6.2 60 6.4 6.2 70 6.4 6.2 Notes /Comments 80 6.3 6.1 Top of rack line, change in slope to higher wetland 90 6.4 6.2 Outside of most wetland vegetation 100 6.5 6.3 Water's edge; outside of mangroves to left; outside of seagra e to right 110 6.5 6.3 Water's edge 111 2.8 2.0 Opposite dock Deaths for dock A location (330' to opposite seawall, 288' to opposite dock): Distance Depth De h Notes /Comments 20 Top of rack line, change in slope to higher wetland 25 Outside of most wetland vegetation 32 Water's edge; outside of mangroves to left; outside of seagra e to right 50 1.9 1.1 Water's edge 60 2.8 2.0 Juveniles end; fringe immediate right 70 4.3 3.5 Scattered oyster; outside fringe further right 80 5.5 4.7 End of pneumatophores & end fringe far left 90 6.7 .5.9 Start of grass Halodule 100 7.5 6.7 End oysters; Dense Halodule; start of grass left of 107 Lines up with seawall to right 110 7.7 6.9 120 7.8 7.0 130 7.9 7.1 140 7.9 7.1 150 8.0 7.2 160 7.6 6.8 170 7.7 6.9 180 7.6 6.8 190 7.6 6.8 200 7.5 6.7 Lined up with center of canal Depths for dock B (333' to opposite seawall): Distance Depth De th Notes /Comments TOB lines tip with top of return 13 End of high wetland vegetation, start of mangroves 17 Mangroves end 18 Water's edge 20 Juveniles end; fringe immediate right 23 Scattered oyster; outside fringe further right 27 End of pneumatophores & end fringe far left 45 Start of grass Halodule 47 End oysters; Dense Halodule; start of grass left of Depths at 100' from the left edge of the seawall: Distance Depth Depth De last transect 50 3.7 2.9 Rack line 54 End grass 60 5.0 4.2 Start grass Halodule 70 6.5 5.7 End most oysters 80 7.3 6.5 Water's edge 90 7.5 6.7 100 7.7 6.9 3' to left is a coral structure 110 7.5 6.7 120 7.5 6.7 130 7.6 6.8 End of dense grass, sparse continues 140 7.7 6.9 150 7.5 6.7 160 7.6 6.8 170 7.6 6.8 180 7.7 6.9 190 7.6 6.8 200 7.7 6.9 210 7.8 7.0 220 7.9 7.1 230 8.3 7.5 240 8.4 7.6 250 8.1 7.3 260 6.7 5.9 270 4.8 4.0 Firm sand bottom 280 3.2 2.4 290 1.8 1.0 292 Outside of 1 s dock opposite 300 1.2 0.4 335 1 Opposite seawall Depths at 100' from the left edge of the seawall: Distance Depth Depth De Notes /Comments 9.5 Rack line 23 Start oyster 32 Start grass Halodule 42 End most oysters 46 Water's edge 50 0.5 1.3 57 3' to left is a coral structure 60 0.7 1.5 70 1.2 2.0 76 End of dense grass, sparse continues 80 2.5 3.3 Notes /Comments 90 3.3 4.1 End of beach vegetation.; start juvenile mangroves and fringe (10' -15' tall) 100 4.0 4.8 Patch of sparse Halodule 110 4.6 5.4 Grass ended; firm bottom 120 5.1 5.9 Water's edge 130 5.8 6.6 Outside fringe far left; band of Syringodium filiforme and Halodule to left then Halodule, then mainly Thalassia testudinum; scattered coral and tunicates 140 6.4 7.2 150 6.4 7.2 Start of grass, Syringodium; Thalassia 5' to the left 160 6.8 7.6 170 6.8 7.6 180 6.5 7.3 End Syringodium; bottom becomes coarse 190 6.8 7.6 200 6.6 7.4 210 6.7 7.5 220 6.7 7.5 230 6.8 7.6 240 6.5 7.3 250 6.5 7.3 260 6.6 7.4 270 6.6 7.4 Lined up with opposite seawall 280 6.8 7.6 290 7.3 8.1 294 7.5 8.3 Outside edge of oppo site dock Depths at 250' from east corner of seawall: Distance Depth De th Notes /Comments 15 End of beach vegetation.; start juvenile mangroves and fringe (10' -15' tall) 33 Outside fringe right 38 Outside fringe immediate left 54 Water's edge 58 Outside fringe far left; band of Syringodium filiforme and Halodule to left then Halodule, then mainly Thalassia testudinum; scattered coral and tunicates 60 0.7 1.3 62 Start of grass, Syringodium; Thalassia 5' to the left 70 2.0 2.6 80 3.4 4.0 82 End Syringodium; bottom becomes coarse 90 4.3 4.9 100 5.0 5.6 110 5.8 6.4 120 6.2 6.8 130 6.4 7.0 2' of muck 140 6.6 7.2 End of vegetation & start of pilings; S artina sprigs 150 6.0 6.6 Start of oysters and pneumatophores 160 6.0 6.6 End pneumatophores 170 5.9 6.5 Water's edge 180 5.9 6.5 Grass starts; scattered coral; hard bottom 190 5.8 6.4 End grass; soft bottom 200 6.0 6.6 3' square of Thalassia approx. 15' over (i.e. 315' from corner Depths at 300' from corner of seawall: Distance Depth De th Notes /Comments 12 End of vegetation & start of pilings; S artina sprigs 22.5 Start of oysters and pneumatophores 32 End pneumatophores 44 Water's edge 50 0.7 1.3 Grass starts; scattered coral; hard bottom 60 1.9 2.5 End grass; soft bottom 70 3.5 4.1 3' square of Thalassia approx. 15' over (i.e. 315' from corner Depths at -510' from the corner of the east seawall: Distance Depth Depth De Notes /Comments 12 Inner mangrove fringe 17 Outside vegetation & rack line; start of pneumato hores 25 Outside fringe immediate left & scattered oysters 30 End pneumatophores & outer fringe left 40 Outside fringe right 42 Water's edge 50 0.9 1.3 52 Outside oysters & mangrove fringe far left; small amount Syrin odium 57 End of Syringodium 60 3.3 3.7 70 5.1 5.5 80 5.8 6.2 90 6.1 6.5 100 6.0 6.4 110 6.0 6.4 130 6.0 6.4 140 5.8 6.2 150 5.8 6.2 160 5.8 6.2 170 5.9 6.3 180 6.0 6.4 190 6.0 6.4 200 6.0 1 6.4 COMMENTS: 1. The project is being constructed in partnership with a private development, the Sandpearl (a mixed use residential, tourist and retail development). It is located on City property, however, the Sandpearl developers are paying for its construction. Twenty - four of the slips will be leased to the Sandpearl for a period of five years, fifteen of the slips will be available to the general public, and the three transient slips. will be used by the Sandpearl. After five years, the City has the option of leasing the slips to anyone. 2. The proposed structure has been designed to minimize impacts to seagrass and mangroves. The structure is designed around the seagrass beds and the walkway has been located in an opening in the mangroves. 3. The proposed structure is in variance to Pinellas County Code, Section 166 -333 (a) (3), which limits the projection of a structure to no more than 25% of the waterway. The proposed dock structure will project a maximum of 165 ft. (55 %) beyond the mangroves into a dead end boat basin shared with the Belle Harbor Condominiums. A 90 ft. variance is required. A letter of no objection has been received from the Belle Harbor Owner's Association. There are no other affected parties in this basin which does not support general navigation. FINDINGS: The Department of Environmental Management has reviewed this application and does not object to the granting of the variance or approval of the application. The only other party affected by the variance has indicated that they do not object to the project and the variance is partly required to place the slips beyond seagrass beds. This finding is subject to the following condition: 1. A hurricane plan for the marina must be received from the applicant prior to permit issuance. The applicant is advised that approvals for this project may also be required from the State of Florida and/or the U. S. Army Corps of Engineers. 4.1 , r r: LT.6Tt: CITY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562 -4865 PLANNING DEPARTMENT July 18, 2007 E. D. Armstrong III, Esq. Johnson, Pope, Bokor, Ruppel & Burns, LLP P.O. Box 1368 Clearwater, FL 33757 RE: Development Order - Case FLD2007 -02003 69 Bay Esplanade Dear Mr. Armstrong: This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the Community Development Code. On July 17, 2007, the Community Development Board reviewed your request for Flexible Development approval to permit in the submerged lands adjacent to the Clearwater Beach Recreation Center a 42 -slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) of 11,343 square feet with a deviation to allow the docks and tie poles to exceed the 25 percent of the width of the waterway and a reduction to required parking from 24 to zero spaces, under the provisions of Sections 2- 1502.A, 3- 601.C.3 and 3 -603. The Community Development Board (CDB) APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: FindinEs of Fact: 1. That the 4.26 acres is located at the southeast corner of the intersection of Mandalay Avenue and Bay Esplanade; That the site is currently developed with the Clearwater Beach Recreation Center, with a recreation building on the east with basketball courts, pool and tennis courts on the west and a parking lot between; 3. That on January 20, 2005, City Council approved Development Agreement Case No. DVA2004- 00005 in conjunction with Case No. FLD2004 -09068 for the property at 470 and 500 Mandalay Avenue and 11 Baymont Street to construct the Sandpearl project, a mixed use (overnight accommodation units, attached dwellings and retail sales and services). A portion of the adopted Development Agreement included the establishment of a maximum of 57 boat slips in the submerged lands adjacent to the Clearwater Beach Recreation Center; 4. That the site has approximately 1,024 feet of waterfront frontage on Clearwater Harbor; 5. That the development proposal consists of the construction of a 11,343 square -foot, 42 slip dock, of which 27 slips will be leased to the Sandpearl project and 15 slips will be designated to serve the public; FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" July 18, 2007 Armstrong — Page 2 6. That a companion application to amend the adopted Development Agreement to update the site plan and provisions to reflect the proposed dock design and the reduced number of slips under this application is also on the July 17, 2007, CDB agenda for recommendation to City Council (Case No. DVA2007- 00002); 7. That, while the docks are on City property and will be owned by the City, the Development Agreement allows the developer of the Sandpearl project to construct the docks at their expense; 8. That of the 27 slips to be leased to the Sandpearl project, there are three day -slips on the west side designated for use by the Sandpearl hotel that will not be leased to others; 9. That 24 of the slips are to be leased to owners, tenants and guests of the Sandpearl project, including Beach Club members and other owners and tenants that own or lease residences within the geographical area bordered on the west by the Gulf of Mexico, on the east by Clearwater Bay, on the north by Rockaway Street and on the south by Papaya Street; 10. That since slips are to be leased to individuals the docks are deemed a marina; 11. That the 15 public day slips will be open and available to the public from 5:00 am to midnight; 12. That the proposal includes a reduction to required parking from 24 to zero parking spaces for those 24 slips to be leased to owners, tenants and guests of the Sandpearl project, including Beach Club members and other owners and tenants that own or lease residences within the specified geographical area; 13. That the adopted Development Agreement and the proposed amended Development Agreement provides a shuttle service from the Sandpearl project for persons needing to access their boats in one of the leased Sandpearl slips; 14. That the proposed dock meets the required setbacks and width criteria of the Code; 15. The proposal includes a deviation to allow the length of the docks and tie poles to exceed the 25 percent of the width of the waterway by 69 feet at its maximum point; 16. That the waterway between the subject property and Belle Harbor to the south is an artificial basin that had a covered docking facility from approximately 1942 to 1973; 17. That the Belle Harbor docks, constructed in 2003, extend from their seawall 40 feet into the water; 18. That between these proposed docks and the existing Belle Harbor docks there will be a minimum navigational clearance of 77 feet at its closest location, exceeding the 50 -foot clearance recommended by the U.S. Fish and Wildlife Service and the Army Corps of Engineers; and 19. That there are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That the adopted Development Agreement between the City and Sandpearl developers, as well as the proposed amended Development Agreement for consideration on the same July 17, 2007, CDB agenda, included the establishment of boat slips in the submerged lands adjacent to the Clearwater Beach Recreation Center; 2. That the development proposal is consistent with the Flexibility. criteria as per Section 2- 1502.A of the Community Development Code (Marinas); 3. That the development proposal is consistent with the commercial dock review criteria as per Section 3- 601.C.3 of -the Community Development Code; 4. That the development proposal is consistent with the marina review criteria as per Section 3 -603 of the Community Development Code; and 5. That the development proposal is consistent with the General Applicability criteria as per Section 3- 913.A of the Community Development Code.. 6 July 18, 2007 Armstrong — Page 3 Conditions of Approval: 1. That approval of this Flexible Development case is subject to the approval of a Development Agreement with the City (Case DVA2007- 00002); 2. That a building permit to install the fire hydrants and fire risers for the docks, acceptable to the Fire and Parks and Recreation Departments, and upland sidewalk be submitted prior to, Planning Department sign -off on the County dock permit application. Prior to completion of the docks, the fire riser and upland sidewalk permit shall be finalized; 3. That the docks be handicap accessible. Compliance with this requirement shall be shown on plans prior to the issuance of any permits; 4. That, prior to the issuance of the upland building permit, the boardwalk and fire suppression system be field staked to ensure avoidance of impacts on existing trees and their root systems. In the event there are impacts with existing tree root systems, the developer shall provide a tree aeration system acceptable to the City; 5. That there be no live- aboard vessels in any of the slips, no fueling facilities and no domestic sewage pump -out facilities at this site; 6. That one or more of the public use slips may be used in the future for a City fire boat or other public purpose vessels, as provided for in the Amended Development Agreement #DVA2007- 00002; 7. That boats moored at the 24 Sandpearl Resort slips be incompliance with the Rental Agreement, as approved by City Council through the Amended Development Agreement #DVA2007- 00002; 8. That lighting be provided at the ends of the docks for night visibility; 9. That signage be permanently installed on the docks and at the entrance to the docks listing the emergency contact phone numbers for both dock tenants, the general public and local residents to report concerns of public safety and environmental protection; 10. That boat lifts shall only be permitted in the Sandpearl leased slips, in a number and location complying with the Amended Development Agreement #DVA2007- 00002; 11. That signage be permanently installed on the docks or at the entrance to the docks containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; and 12. That a copy of the SWFWMD and/or FDEP Permit and Corps of Engineer's Permit, if applicable, be submitted to the Planning Department prior to commencement of construction. Pursuant to Section 4 -407, an application for a building permit or other approvals shall be made within one year of Flexible Development approval (July 17, 2008). All required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for a period not to exceed one year and only within the original period of validity. The Community Development Board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4 -502.B by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending t� July 18, 2007 Armstrong — Page 4 the final determination of the case. The appeal period for your case expires on July 31, 2007 (14 days from the date of the CDB meeting). If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727 -562 -4504. You can access zoning information for parcels within the City through our website: www.myclearwater.com/gov/depts/Tlannin ;. Sin�ca ly, Mi e D l k, Planning Director S: (Planning Department l C D BIFLEX (FLD) lInactive or Finished Applications VENUE - BRIGHTWA TER IBay Esplanade 69 Clrwtr Recreation Docks (T) - ApproveMay Esplanade 69 Development Order 7.18.07.doc