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09/01/2011City Council Agenda Location: Council Chambers - City Hall Date: 9/1 /2011- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. l. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 9/11 Remembrance Proclamation m Attachments 4.2 Sickle Cell Awareness Month Proclamation � Attachments 4.3 No item � Attachments 5. Approval of Minutes 5.1 Approve the minutes of the August 18, 2011 City Council Meeting as submitted in written summation by the City Clerk. m Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing 7.1 Adopt Ordinance 8270-11 on second reading, annexing certain real property whose post office addresses are 1842 and 1849 Diane Drive; 1727 and 1771 El Trinidad Drive; 1717, 1718, 1736, and 1741 Evans Drive; 1728, 1736 and 1746 Grove Drive; 1705, 1712, 1716, and 1746 Lucas Drive; 1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738 Terrace Drive; 1716, 1733, 1741, 1749, and 1754 Thomas Drive; together with all right of way of El Trinidad Drive East, within Diane Heights Replat Subdivision; all right of way of Morningside Drive, Winwood Drive and El Trinidad Drive East within Winwood Subdivision; all right of way of Marilyn Drive abutting Lots 2 through 6, Block H; all right of way of Skyland Drive abutting Lot 3 through the North 16 feet of Lot 8, Block I; all right of way of Diane Drive abutting Lot 3, Block J through Lot 14, Block I and Lots 9 through 11, Block J; all right of way of Morningside Drive abutting Lot 11, Block J; intersection of Morningside Drive and Diane Drive in Carlton Terrace First Addition; all right of way of El Trinidad Drive East abutting Lots 1 through 7, Block 1; and abutting Lots 11 through 18, Block 1; all right of way of Terrace Drive (previously known as El Trinidad Drive North) abutting Lot 15, Block 2 in Virginia Grove Terrace; all right of way of Evans Drive abutting Lots 20 through 30, Block 6 in Virginia Grove Terrace Fourth Addition; all right of way of Grove Drive abutting Lot 27, Block 2; and abutting Lot 6 through Lot 8, Block 4; and abutting Lot 10, Block 4, and abutting Lots 12 through 15, Block 4; all right of way of Terrace Drive as shown on the Subdivision Plat in Virginia Grove Terrace First Addition; all right of way of Lucas Drive abutting Lot 1, Block 6 and abutting Lot 29, Block 5, and abutting Lots 4 through 12, Block 6 in Virginia Grove Terrace Third Addition; all right of way of Thomas Drive abutting Lots 16 through 18, Lots 20 through 25, and Lot 27, Block 4; and abutting Lot 5 Block 5; and all right of way of Terrace Drive, abutting Lots 7 through 10, Block 3 in Virginia Grove Terrace Second Addition; into the corporate limits of the city and redefining the boundary lines of the city to include said addition. � Attachments 7.2 Adopt Ordinance 8271-11 on second reading amending the future land use element of the Comprehensive plan of the city to designate the land use for certain real property whose post office addresses are 1842 and 1849 Diane Drive; 1727 and 1771 El Trinidad Drive; 1717, 1718, 1736, and 1741 Evans Drive; 1728, 1736 and 1746 Grove Drive; 1705, 1712, 1716, and 1746 Lucas Drive; 1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738 Terrace Drive; 1716, 1733, 1741, 1749, and 1754 Thomas Drive; together with all right of way of El Trinidad Drive East, within Diane Heights Replat Subdivision; all right of way of Morningside Drive, Winwood Drive and El Trinidad Drive East within Winwood Subdivision; all right of way of Marilyn Drive abutting Lots 2 through 6, Block H; all right of way of Skyland Drive abutting Lot 3 through the North 16 feet of Lot 8, Block I; all right of way of Diane Drive abutting Lot 3, Block J through Lot 14, Block I and Lots 9 through 11, Block J; all right of way of Morningside Drive abutting Lot 11, Block J; intersection of Morningside Drive and Diane Drive in Carlton Terrace First Addition; all right of way of El Trinidad Drive East abutting Lots 1 through 7, Block 1; and abutting Lots 11 through 18, Block 1; all right of way of Terrace Drive (previously known as El Trinidad Drive North) abutting Lot 15, Block 2 in Virginia Grove Terrace; all right of way of Evans Drive abutting Lots 20 through 30, Block 6 in Virginia Grove Terrace Fourth Addition; all right of way of Grove Drive abutting Lot 27, Block 2; and abutting Lot 6 through Lot 8, Block 4; and abutting Lot 10, Block 4, and abutting Lots 12 through 15, Block 4; all right of way of Terrace Drive as shown on the Subdivision Plat in Virginia Grove Terrace First Addition; all right of way of Lucas Drive abutting Lot 1, Block 6 and abutting Lot 29, Block 5, and abutting Lots 4 through 12, Block 6 in Virginia Grove Terrace Third Addition; all right of way of Thomas Drive abutting Lots 16 through 18, Lots 20 through 25, and Lot 27, Block 4; and abutting Lot 5 Block 5; and all right of way of Terrace Drive, abutting Lots 7 through 10, Block 3 in Virginia Grove Terrace Second Addition; upon annexation into the City of Clearwater, as Residential Low (RL) and Drainage Feature Overlay. � Attachments 7.3 Adopt Ordinance 8272-11 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1842 and 1849 Diane Drive; 1727 and 1771 El Trinidad Drive; 1717, 1718, 1736, and 1741 Evans Drive; 1728, 1736 and 1746 Grove Drive; 1705, 1712, 1716, and 1746 Lucas Drive; 1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738 Terrace Drive; 1716, 1733, 1741, 1749, and 1754 Thomas Drive; together with all right of way of El Trinidad Drive East, within Diane Heights Replat Subdivision; all right of way of Morningside Drive, Winwood Drive and El Trinidad Drive East within Winwood Subdivision; all right of way of Marilyn Drive abutting Lots 2 through 6, Block H; all right of way of Skyland Drive abutting Lot 3 through the North 16 feet of Lot 8, Block I; all right of way of Diane Drive abutting Lot 3, Block J through Lot 14, Block I and Lots 9 through 11, Block J; all right of way of Morningside Drive abutting Lot 11, Block J; intersection of Morningside Drive and Diane Drive in Carlton Terrace First Addition; all right of way of El Trinidad Drive East abutting Lots 1 through 7, Block 1; and abutting Lots 11 through 18, Block 1; all right of way of Terrace Drive (previously known as El Trinidad Drive North) abutting Lot 15, Block 2 in Virginia Grove Terrace; all right of way of Evans Drive abutting Lots 20 through 30, Block 6 in Virginia Grove Terrace Fourth Addition; all right of way of Grove Drive abutting Lot 27, Block 2; and abutting Lot 6 through Lot 8, Block 4; and abutting Lot 10, Block 4, and abutting Lots 12 through 15, Block 4; all right of way of Terrace Drive as shown on the Subdivision Plat in Virginia Grove Terrace First Addition; all right of way of Lucas Drive abutting Lot 1, Block 6 and abutting Lot 29, Block 5, and abutting Lots 4 through 12, Block 6 in Virginia Grove Terrace Third Addition; all right of way of Thomas Drive abutting Lots 16 through 18, Lots 20 through 25, and Lot 27, Block 4; and abutting Lot 5 Block 5; and all right of way of Terrace Drive, abutting Lots 7 through 10, Block 3 in Virginia Grove Terrace Second Addition; upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). = Attachments 7.4 Adopt Ordinance 8273-11 on second reading, amending provisions of the Chapter 30, Traffic and Motor Vehicles, Clearwater Code of Ordinances, to eliminate a provision allowing the recovery for administrative costs as part of the City's parking ticket dismissal program. � Attachments 7.5 Adopt Ordinance 8275-11 on second reading, amending Sections 8.08, 15.07(3), 21.06, and 22.39, Clearwater Code of Ordinances, to eliminate any regulations pertaining to firearms that would be contrary to Section 790.33, Florida Statutes (2011). � Attachments 7.6 Adopt Ordinance 8280-11 on second reading, vacating the 3-foot Utility Easement lying adjacent to and south of the north property line of the West I/z of Lot 26 and all of Lot 27, Carolina Terrace Annex as recorded in Plat Book 12, Page 30, of the public records of Pinellas County, Florida. � Attachments City Manager Reports 8. Consent Agenda 8.1 Approve an agreement with Intuition Systems, Inc., DBA Bill2Pay, of Clearwater, FL in the amount of $216,500.00 for lock box services for the City of Clearwater, from October 1, 2011 through September 30, 2016, and authorize the appropriate officials to execute same. (consent) = Attachments 8.2 Approve an agreement with Northeast II, Inc., DBA TC Delivers, of Tampa, FL in the amount of $470,000.00 for utility bill printing and mailing, mail processing services and postage for the City of Clearwater from November 1, 2011 through October 31, 2012 and authorize the appropriate officials to execute same. (consent) = Attachments 8.3 Approve an Interlocal Agreement between the City of Clearwater (City) and the Community Redevelopment Agency of the City of Clearwater, Florida (Agency) that outlines responsibilities for the environmental cleanup of the CarPro site and authorize the appropriate officials to execute same. (consent) = Attachments 8.4 Approve an Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce (CRCC) to produce and distribute the Official Clearwater, Florida Visitor Guide in Fiscal Year 2011-2012 in return for funding in the amount of $26,000 and authorize the appropriate officials to execute same. (consent) = Attachments 8.5 Approve the extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one year until September 30, 2012 and authorize the appropriate officials to execute same. (consent) = Attachments 8.6 Approve a five (5) year agreement with both the Boys and Girls Clubs of the Suncoast, Inc. (BGC) and the Martin Luther King Jr. Neighborhood Family Center, Inc. (MLKNFC) and the City from October 1, 2011 to September 30, 2016 to provide recreational, educational and social programming for the North Greenwood Community at the North Greenwood Recreation and Aquatics Complex and North Greenwood Library and authorize the appropriate officials to execute same. (consent) � Attachments 8.7 Approve the Amendment to the Revocable License Agreement between the City of Clearwater, Florida and Sunsets at Pier 60 Society, Inc. (Sunsets) to establish a more clearly defined License Area and to strengthen and clarify language in regard to Sunsets being responsible for vendor and performer selection and authorize the appropriate officials to execute same. (consent) � Attachments 8.8 Approve a Third Amendment to the Agreement between the City and The Winning Inning, Inc., for the use and operation of the Jack Russell Memorial Stadium and Complex for an additional five (5) years from February 1, 2012 through January 31, 2017 and authorize the appropriate officials to execute same. (consent) � Attachments 8.9 Approve an Interlocal Agreement in the amount of $145,796.57 with the Community Redevelopment Agency (CRA), authorize continuation of two full-time equivalent positions to provide Community Police Officers for the East Gateway area of the CRA, and authorize the appropriate officials to execute same. (consent) � Attachments 8.10 Approve the renewal of a Software Support Agreement for the TriTech System, in the amount of $159,189.12, for a 12-month period, beginning October 1, 2011 and ending September 30, 2012. (consent) � Attachments 8.11 Award a contract (Purchase Order) to Angelo's Recycled Materials in the amount of $430,000 for the disposal of solid waste at their site for the period October 1, 2011 through September 30, 2012 as provided in the Clearwater Code of Ordinances, Section 2.561 and authorize the appropriate officials to execute the same. (consent) � Attachments 8.12 Award a contract (Purchase Order) to Pinellas County Solid Waste for an operating expenditure of $4,000,000 for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill, October 1, 2011 through September 30, 2012, as provided in the city's Code of Ordinances, Section 2.564 (1) (d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute the same. (consent) � Attachments 8.13 Approve the conveyance of a Distribution Easement to Progress Energy (PE) granting appropriate authority to PE for the purpose of providing electrical service to the Ed Wright production well that will provide raw water for the new brackish reverse osmosis water treatment plant at Water Treatment Plant 2 and authorize the appropriate officials to execute same. (consent) � Attachments 8.14 Approve a Legal Services Agreement (annual extension) between the City of Clearwater and Baker and Hostetler LLP, to serve as legal counsel on Environmental issues in the amount of $50,000 and authorize the appropriate officials to execute same. (consent) � Attachments 8.15 Award a construction contract to Gibbs and Register, Inc. of Winter Garden, Florida for the Gulf to Bay BoulevardlHighland Avenue Improvements Project (08-0051-EN) in the amount of $340,265.20, which is the lowest responsible bid received in accordance with the plans and specifications, and authorize the appropriate officials to execute same. (consent) = Attachments 8.16 Approve Supplemental 2 Construction Engineering and Inspection Services (CEI) Work Order to Engineer of Record, Atkins Inc., in the amount of $41,539.15 for the final phase of inspection of the Morningside Traffic Calming Project. (consent) � Attachments 8.17 Accept a Right of Way and Utility Easement conveyed by Morton Plant Hospital Association, Inc. over, under and across a portion of the northwest 1/4 of the northeast 1/4 of Section 21, Township 29 South, Range 15 East, as more particularly described therein, given in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) = Attachments 8.18 Appoint Phyllis Franklin to the Brownfields Advisory Board with term to expire May 31, 2015. � Attachments 8.19 Approve Purchase Order in the amount of $25,000 for outside counsel services of Gina Grimes, Esq. for representation of the Community Development Board. (consent) = Attachments 9. Other Items on City Manager Reports 9.1 Authorize an intergovernmentalloan, in an amount not to exceed $325,440, from funds provided to the City from the United States Environmental Protection Agency as part of the Brownfields Cleanup Revolving Loan Fund Program for cleanup of the CarPro site and adopt Resolution 11-19. = Attachments 9.2 Award a contract (purchase order) to lease desktop and laptop computers for 3 years from Hewlett- Packard Financial Services Company, Murray Hill, NJ for an amount not to exceed $1,300,000 in accordance with Sec. 2.564(1)(d) Code of Ordinances, under State Contract 250-040-08-1; and authorize the appropriate officials to execute same. = Attachments 9.3 Clearwater Business Task Force Report. = Attachments 9.4 Disband Business Task Force. = Attachments 9.5 Appoint Brian Aungst, Jr., David Allbritton, Steve Engelhardt, Steve Fowler, Gene Gillespie, Jeff Kronschnabl, and Robert Pergolizzi to the Business Task Force Executive Committee. � Attachments 9.6 Approve the attached Business Lease Contract between the City of Clearwater and Clearwater Marine Aquarium, Inc. for the lease of the Second (Middle) floor of the Harborview Center pursuant to the terms and conditions of the Business Lease Contract; ratify and confirm the City's capital renovation cost of approximately $171,650 for site preparation; authorize pre-lease reimbursable interim operating costs of $16,650 and authorize the appropriate officials to execute same. = Attachments Miscellaneous Reports and Items 10. City Manager Verbal Reports 10.1 City Manager Verbal Reports = Attachments 11. Other Council Action 11.1 Other Council Action � Attachments 12. Closing Comments by Mayor 13. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: 9/11 Remembrance Proclamation SUMMARY: Review Approval: Meeting Date:9/1/2011 Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Sickle Cell Awareness Month Proclamation SUMMARY: Meeting Date:9/1/2011 Anthony Hinson, Outreach Coordinator of Sickle Cell Disease Association of Upper Pinellas/Pasco/Hernando Counties Review Approval: Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: No item SUMMARY: Review Approval: Meeting Date:9/1/2011 Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall Meeting Date:9/1/2011 SUBJECT / RECOMMENDATION: Approve the minutes of the August 18, 2011 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 4 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER �� ,, �� Present: Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. Also Present: Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague — Official Records and Legislative Services Coordinator. Unapproved To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order— Mayor Frank Hibbard The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation — Rev. John Thompson from Countryside Christian Church 3. Pledqe of Alleqiance — Mavor Frank Hibbard 4. Presentations - Given 4.1 Service Awards One service award was presented to a city employee. The August 2011 Employee of the Month Awards was presented to Bob Pagano, Library. 4.2 2011 Summer Business, Neiqhborhood, Homes of the Quarter The Summer 2011 Business Beautification Recognition Award was presented to the Gulf to Bay Commons, 2094 Gulf to Bay Boulevard. The Summer 2011 Neighborhood of the Quarter Award was presented to Oakbrook Estates. The Home of the Quarter Award was presented to Sheila Stephens, 704 Nicholson Street; Janet Gottron, 1779 Ciry Counci12011-08-18 Attachment number 1 Page 1 of 17 Item # 4 Linwood Circle; Carol Rust, 1736 Pamelia Drive and Robert and Florajane Love, 1845 Cleveland Street. 4.3 Presentation bv Proqress Enerqv to CFR Tech Rescue Team - Presenters are: Christopher Flack, Director External Relations, Proqress Enerqv Florida and Melissa Seixas, Communitv Relations Manaqer, Proqress Enerqv Florida. 5. Approval of Minutes 5.1 Approve the minutes of the Auqust 4, 2011 Citv Council Meetinq and the Julv 18, 2011 Attornev Client Session as submitted in written summation bv the Citv Clerk. Councilmember Bill Jonson requested that the August 4, 2011 City Council minutes be amended on page 8, Item 11.3, to read, "...funding for improvements at the intersection" (second paragraph) and "...Airport to Clearwater Beach" (third paragraph). Councilmember Bill Jonson moved to approve the July 18, 2011 Attorney Client Session as submitted and the minutes of the August 4, 2011 City Council Meeting as amended. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Aqenda Stephen Sarnoff requested consideration for e�ending the operating hours of the employee health clinic. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve the applicant's request to vacate the 3-foot utilitv easement Ivinq adlacent to and south of the north propertv line of the west one-half of Lot 26 and all of Lot 27, Carolina Terrace Annex (1116 Howard Street), and pass Ordinance 8280-11 on first readinq, (VAC2011-02 McCluster). The applicant is seeking the vacation of the easement in order to build a swimming pool and pool enclosure. Progress Energy, Verizon, Knology and Bright House Cable have no facilities in the subject easement and have no objections to the vacation request. The City of Clearwater has no facilities in the subject easement and staff anticipates no future need for the 3-foot utility easement. Ciry Counci12011-08-18 Attachment number 1 Page 2 of 17 Item # 4 The Engineering Department has no objections to the vacation request. Vice Mayor George N. Cretekos moved to approve the applicanYs request to vacate the 3-foot utility easement lying adjacent to and south of the north property line of the west one-half of Lot 26 and all of Lot 27, Carolina Terrace Annex (1116 Howard Street). The motion was duly seconded and carried unanimously. Ordinance 8280-11 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8280-11 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 7.2 Approve the annexation, initial Future Land Use Map desiqnation of Residential Low (RL) and Drainaqe Feature Overlav and initial Zoninq Atlas desiqnation of Low Medium Densitv Residential (LMDR) District for 1842 and 1849 Diane Drive; 1727 and 1771 EI Trinidad Drive; 1717, 1718, 1736 and 1741 Evans Drive; 1728, 1736 and 1746 Grove Drive; 1705, 1712, 1716 and 1746 Lucas Drive; 1813 and 1837 Marilvn Drive; 1818 and 1837 Skviand Drive; 2738 Terrace Drive; and 1716, 1733, 1741, 1749 and 1754 Thomas Drive (all qarcels are located in Section 05, Townshiq 29 South, Ranqe 16 Eastland pass Ordinances 8270-11, 8271-11 and 8272-11 on first readinq. (ATA201 1-01 001 1 The City of Clearwater Planning and Development Department has identified an area within the Clearwater Planning Area with a large concentration of properties with Agreements to Annex (ATAs) that are eligible for annexation. These properties are located east of U.S. Highway 19, north of S.R. 590 and south of South Drive. Subdivisions in this area include Virginia Grove Terrace, Diane Heights and Carlton Terrace. The Department has identified a total of 189 properties in this area that could be annexed through a phased approach over the next several years. This application, which has been identified as Phase C of the overall annexation project, includes 25 of the 189 properties. Current or previous owners of these properties entered into ATAs between 1983 and 2005 to obtain sanitary sewer service. The Planning and Development Department is initiating this project to bring the properties into the City's jurisdiction in compliance with the terms and conditions set forth in the agreements. The Phase C properties are occupied by 25 detached dwellings on 4.94 acres of land. It is proposed that approximately 10 Ciry Counci12011-08-18 Attachment number 1 Page 3 of 17 Item # 4 acres of right-of-way throughout this area on Evans Drive, Lucas Drive, Thomas Drive, Grove Drive, EI Trinidad Drive, Terrace Drive, Diane Drive, Skyland Drive, Morningside Drive, Winwood Drive and Marilyn Drive not currently within the city limits also be annexed (please refer to the attached annexation map for the specific locations). It is proposed that the 25 properties be assigned a future land use map designation of Residential Low (RL). A major drainage ditch traverses three of these properties (2738 Terrace Drive and 1718 and 1736 Evans Dr) for which the Drainage Feature Overlay designation is proposed consistent with the ditch boundaries. It is proposed that all parcels be assigned the zoning designation of Low Medium Density Residential (LMDR) District. The Planning and Development Department has determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The properties currently receive sanitary sewer service from the City and water service from Pinellas County. Collection of solid waste will be provided by the City. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to these properties by Station 48 located at 1700 Belcher Road. The City has adequate capacity to serve the properties with solid waste, police, fire and EMS service. Water service will continue to be provided by Pinellas County. The proposed annexations will not have an adverse effect on public facility levels of service; and The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2: Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. The proposed Residential Low (RL) and Drainage Feature Overlay Future Land Use Map categories are consistent with the current Countywide Plan designations of the properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5.0 units per acre. The Drainage Feature Overlay category proposed to be applied to three properties (2738 Terrace Drive and 1718 and 1736 Evans Dr) recognizes the drainage feature on the property but does not Ciry Counci12011-08-18 Attachment number 1 Page 4 of 17 Item # 4 impact development potential. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) District. All of the properties meet the minimum dimensional requirements of the Low Medium Density Residential (LMDR) District; therefore, the proposed annexation is consistent with the Countywide Plan, Clearwater Comprehensive Plan, and Clearwater Community Development Code; and The properties proposed for annexation are contiguous to existing City boundaries along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. Councilmember Bill Jonson moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and Drainage Feature Overlay and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1842 and 1849 Diane Drive; 1727 and 1771 EI Trinidad Drive; 1717, 1718, 1736 and 1741 Evans Drive; 1728, 1736 and 1746 Grove Drive; 1705, 1712, 1716 and 1746 Lucas Drive; 1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738 Terrace Drive; and 1716, 1733, 1741, 1749 and 1754 Thomas Drive (all parcels are located in Section 05, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously. Ordinance 8270-11 was presented and read by title only. Councilmember John Doran moved to pass Ordinance 8270-11 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ordinance 8271-11 was presented and read by title only. Vice Mayor George N. Cretekos moved to pass Ordinance 8271-11 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ciry Counci12011-08-18 Attachment number 1 Page 5 of 17 Item # 4 Ordinance 8272-11 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8272-11 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8. Consent Aqenda — Approved as submitted less Items 8.3 and 8.7 8.1 Approve the October 1, 2011 Emerqency Medical Services ALS First Responder Agreement Extension between Pinellas County and City of Clearwater and authorize the appropriate officials to execute same. (consent) 8.2 Recommend the approval of a chanqe to the distribution formula for county funds throuqh PPLC (Pinellas Public Library Cooperative)to allow use for support of the Countywide Automation System and countywide delivery services for library materials. (consent) 8.3 Approve a recommendation bv the Public Art and Desiqn Board for the commission, desiqn and lavout of a public art qatewav to be installed at the intersection of U.S. Hiqhwav 19 and State Road 60 (Gulf to Bav Boulevard), as desiqned bv artist Steven Weitzman, for a total cost of $45,000. (consentl See below. 8.4 Approve an aqreement between the Citv of Clearwater and the School Board of Pinellas County, Florida providinq for the continuation of the School Resource Officer proqram at Clearwater Hiqh School, Countryside Hiqh School and Oak Grove Middle School for a one-year period, commencinq July 1, 2011 throuqh June 30, 2012, and authorize the appropriate officials to execute same. consent 8.5 Award a contract (purchase order) to Greqorv Electric, Inc. of Clearwater, Florida for the construction of the Skycrest RCW System CSX and Keene Road Jack and Bore Proiect in the amount of $206,754.90, which is the lowest responsible bid in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) 8.6 Award a contract (ourchase order) for the East Advanced Pollution Control Ciry Counci12011-08-18 Attachment number 1 Page 6 of 17 Item # 4 Facility (APCF) Dewaterinq Pump Station Rehabilitation Proiect (10-0031-UT) to RTD Construction, Inc., of Zephyrhills, FL, in the amount of $162,118.00, which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) 8.7 Recommend Jason Gibertoni to serve on the Citizens Advisorv Committee to the Metroqolitan Planninq Orqanization (MP01. (consentl See below. Councilmember John Doran moved to approve the Consent Agenda as submitted, less Items 8.3 and 8.7, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.3 Approve a recommendation bv the Public Art and Desiqn Board for the commission, desiqn and lavout of a public art qatewav to be installed at the intersection of U.S. Hiqhwav 19 and State Road 60 (Gulf to Bav Boulevard), as desiqned bv artist Steven Weitzman, for a total cost of $45,000. (consent) The theme and scope of the project were determined with input from representatives from the Public Art and Design Board, Florida Department of Transportation (FDOT), and Parks and Recreation Department. The desired intent for the project is to commission public artwork that serves as a gateway to the City of Clearwater, identifying the intersection of U.S. Highway 19 and State Road 60 (Gulf to Bay Boulevard) as a major thoroughfare within the city. The Public Art and Design Board appointed a five-member Selection Panel compromised of individuals representing specified interests and expertise as fol lows: Alex Plisko (Chair), representative of the Public Art and Design Board Elaine Illes, representative of the Florida Department of Transportation Roberta Klar, architect and representative of the Clearwater Arts Alliance Felicia Leonard, representative of the Parks and Recreation Department Christopher Hubbard, representative of the Public Art and Design Program A nationwide Call to Artists was issued and four finalists were invited to create a site-specific proposal of artwork for the project. On April 21, 2011, the Selection Panel met to review the site-specific proposals and selected the concept of artist Steven Weitzman as the best fit to the theme and scope determined by the project stakeholders. On May 13, 2011, the Public Art and Design Board unanimously approved Mr. Weitzman's proposal. The Board is recommending that the Council approve the Ciry Counci12011-08-18 Attachment number 1 Page 7 of 17 Item # 4 Attachment number 1 Page 8 of 17 proposal for the commission, design and layout of a public art gateway composed of patterned Mechanically Stabilized Earth (MSE) walls and LED lighting enhancements. The City will fund Mr. Weitzman's proposal of $45,000 from the Public Art Discretionary Fund (0325-93608). FDOT will fund approximately $130,000 for the fabrication, construction, and installation of the public art gateway as designed by Mr. Weitzman. The Public Art and Design Program has worked in close cooperation with the Florida Department of Transportation to design and implement this project. Concerns were expressed regarding the paint color approved by FDOT. It was suggested that staff request FDOT for another paint color� 'in stock. Forma�rea: H�9nr9nc Councilmember John Doran moved to approve a recommendation by the Public Art and Design Board for the commission, design and layout of a public art gateway to be installed at the intersection of U.S. Highway 19 and State Road 60 (Gulf to Bay Boulevard), as designed by artist Steven Weitzman, for a total cost of $45,000 and request FDOT for a darker paint color e�-in stock. The motion was duly seconded and Formatted: Highlight carried unanimously. 8.7 Recommend Jason Gibertoni to serve on the Citizens Advisorv Committee to the Metropolitan Planninq Orqanization (MPO). (consent) There is a vacancy on the Metropolitan Planning Organization's Citizens Advisory Committee. The City Council provides a recommendation and the MPO makes the official appointment. Mr. Gibertoni is willing to serve on the Committee. The City Clerk said staff received an application from Robert Longenecker earlier today. Copies of the application were provided to Council. Councilmember Paul Gibson moved to appoint Robert Longenecker to serve on the Citizens Advisory Committee to the Metropolitan Planning Organization (MPO). The motion was duly seconded and carried unanimously. Ciry Counci12011-08-18 Item # 4 City Manager Reports 9. Other Items on City Manager Reports 9.1 Continue to September 1, 2011: Aqqrove a qurchase order to Glass Aqqreqate Svstems, the lowest responsible bidder, in the amount of $89,812.00 to purchase a model H-200 qlass crusher; award a contract (purchase order) to Anqle and Schmidt General Contractors (construction manaqer-at-risk) in the amount of $68,750.00 to accomplish site work for the qlass crusher slab at the Solid Waste Complex; approve the use of approximatelv $41,438.00 for other set-up charqes associated with a qlass recvciinq proqram, for a total of approximatelv $200,000 in expenditures to be funded bv the Recvclinq Fund's Capital Improvement (proiect 96805) and authorize the appropriate officials to execute the same. Solid Waste/General Services wishes to re-introduce glass recycling within Clearwater. Staff anticipates collecting approximately 10 tons of glass per month, thus taking over 520 tons of glass out of the waste stream annually at a savings of $19,500 in disposal fees. The crushed glass aggregate may then be marketed to outside vendors or distributed to Public Services or Parks and Recreation for use in their operations. Plans include self-service drop-off centers for residents to use. Citizens have asked for the service and the department is now ready to deliver this additional service. Vice Mayor George N. Cretekos moved to continue Item 9.1 to September 1, 2011. The motion was duly seconded and carried unanimously. 9.2 Approve an aqreement with Pinellas Countv for metered parkinq in various countv-owned parkinq lots and authorize the appropriate officials to execute the same. The City has been under agreement with Pinellas County since the early 1970's for the maintenance, operation and enforcement of several county-owned surface parking lots surrounding the downtown courthouse campus and Sand Key Park. Sand Key Park was added to the agreement in July 1984. The County issued a request to cancel the Sand Key Park portion of the agreement effective September 30, 2011. Ciry Counci12011-08-18 Attachment number 1 Page 9 of 17 Item # 4 The County has determined it is more cost effective to take over the parking operation, maintenance and enforcement functions internally in an effort to generate additional revenue to help offset their budget deficit. The new agreement will continue to provide coverage for five (5) downtown surFace lots. All of the other terms and conditions of the agreement remain the same. The average annual meter revenue generated from Sand Key over the last three years is $500,000, of which the City share is 60% or $300,000. The estimated Fiscal Year 2012 parking fund revenue projections include this loss of revenue and there is not a significant adverse impact to the parking fund. In response to questions, Parking Manager Tracey Bruch said the City did not add any staffing positions when the downtown county parking lots were absorbed into the city parking system. The only departmental concern is loss of revenue. Without the Sand Key and downtown parking lots, the City will have 3,650 spaces. Ms. Bruch said the loss of parking spaces would not create a need to reduce parking enforcement staff. There are 4.0 FTEs (Full Time Equivalent) for citywide parking operations and 6.0 FTEs for citywide parking enforcement. Discussion ensued regarding the financial impact of eliminating the parking enforcement of the Sand Key and downtown parking lots. A concern was expressed regarding cancelling the agreement. Councilmember John Doran moved to approve an agreement with Pinellas County for metered parking in various county-owned parking lots, authorize the appropriate officials to execute the same and directed the City Manager to provide Council with an analysis of the costs incurred for parking enforcement and operations. The motion was duly seconded. Mayor Frank Hibbard and Councilmembers John Doran, Paul Gibson and Bill Jonson voted "Aye"; Vice Mayor George N. Cretekos voted "Nay". Motion carried. 9.3 Amend Chapter 30, Traffic and Motor Vehicles, Code of Ordinances, to revise the parkinq ticket dismissal proqram by eliminatinq the $10 dismissal fee and pass Ordinance 8273-11 on first readinq. At the urging of the court, parking ordinance Sec. 30.060 (7) was approved in Ciry Counci12011-08-18 10 Attachment number 1 Page 10 of 17 Item # 4 August 2010 to establish an internal parking ticket dismissal program in lieu of a court appearance. The dismissal program provides a mechanism to dismiss properly issued tickets for failure to display or properly display valid parking permits, valid multi-space pay station receipts, handicap hangtags or any other recognized permits. On June 10, 2011, City Management placed the $10 fee in abeyance. A review of the data for Failure to Display violations ($20 fine) from September 1, 2010 - May 1, 2011 suggests: 1.7% (or 6,240) of the total pay station receipts issued (361,875) were cited by parking enforcement as in violation. Of the 6,240 violations issued, 8% (or 530) of the tickets were disputed and dismissals requested. To date, 64% (or 339) of the $10 dismissal fees have been paid in full. A review of the data for Handicap Permit violations ($255 fine) from September 1, 2010 - May 1, 2011 suggests: 519 Handicap violations for No Permit Displayed were issued. 49% (or 256) of the tickets were disputed and dismissals requested. To date, 91 %(or 233) of the $10 dismissal fees have been paid in full. In total, 786 dismissals have been processed. A review of the complaints concerning the $10 dismissal fee includes accusations that the City is intentionally targeting visitors and knowingly operating a scam/racket. The total number of complaints received during this 8-month period via C-Tracs, letters and phone calls is nine. Elimination of this dismissal fee will have minimal impacts to the parking fund. Vice Mayor George N. Cretekos moved to amend Chapter 30, Traffic and Motor Vehicles, Code of Ordinances, to revise the parking ticket dismissal program by eliminating the $10 dismissal fee. The motion was duly seconded and carried unanimously. Ciry Counci12011-08-18 m Attachment number 1 Page 11 of 17 Item # 4 Ordinance 8273-11 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8273-11 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 9.4 Aqqrove the First Amendment to a Development Aqreement between Nickel Plate Properties, Inc. and Lakeside Enterqrises, L.L.C. (the qroqertv ownersl and the Citv of Clearwater as qer Communitv Development Code Section 4-606 and adopt Resolution 11-15. The 30.07-acre subject property is located on the west side of S. Belcher Road between Gulf-to-Bay Boulevard and Druid Road. The subject property is proposed to be redeveloped with two parcels. The northern parcel (Parcel 1) comprises 11.637 acres, while the southern parcel (Parcel 2) comprises 18.435 acres. On March 18, 2010, the City Council approved a Development Agreement on the subject property (DVA2009-00005). This Agreement allowed for a maximum of 90,000 square feet of retail sales and restaurant use floor area on Parcel 1(FAR of 0.178), and a maximum of 243 dwelling units on Parcel 2(13.181 dwelling units per acre). With regard to Parcel 1, the First Amendment to the Development Agreement proposes only to change the type of uses permitted. The original Development Agreement was limited to retail and restaurant uses, whereas the proposed Amendment would include retail sales and service, office, automobile service station and restaurant. With regard to Parcel 2, there are no changes between the original Development Agreement and the proposed Amendment. The proposed Amendment includes all conditions of DVA2009-00005 (including the transportation obligations). The proposed Amendment will amend the previously approved Development Agreement as follows: Reflects the new site plan for Parcel 1. Ciry Counci12011-08-18 12 Attachment number 1 Page 12 of 17 Item # 4 Replaces the statement that 495 parking spaces have been provided on Parcel 1 with the statement that parking is being provided at specific ratios per use. It is noted that each of these ratios is what is required by Code for each use. Requires that the Transportation Obligations related to Parcel 1 be completed prior to issuance of a certificated of occupancy for Parcel 1, and that the Transportation Obligations related to Parcel 2 be completed prior to the issuance of a certificate of occupancy for Parcel 2. The Community Development Board (CDB) reviewed this Amendment at its public hearing on July 19, 2011, and unanimously recommended approval (DVA2011- 04001). Planning and Development Director Michael Delk said the FLD application recently approved by the CDB is for 59,159 sq. ft., approximately 28% less floor area than the originally approved development agreement, which was 82,999 square feet. An updated traffic study was performed in April 2011 and found that with the transportation improvements, the development would not degrade the operation of adjacent roadways beyond acceptable or current levels of service. In response to questions, Mr. Delk said the allowable square footage remains at 90,000. The amendment provides for 409 parking spaces; the original development agreement allowed for 495 parking spaces. Engineering Director Mike Quillen said the amendment reduces the traffic impact from the originally approved development agreement. One individual spoke in opposition and two individuals expressed concerns with traffic congestion. Mr. Delk said no commercial traffic will be pushed onto Druid Road. The site improvements include an intersection that will match up with the drive of the Publix across the street and allowing a right-turn in and out of Gulf to Bay Boulevard. The site improvements will facilitate a better movement of traffic. In response to questions, applicant representative Ed Armstrong said when the original development agreement was approved in 2010 the applicant did not have commercial users in hand, guessed what the commercial industry would respond to and proposed a site plan allowed by code. The applicant knew an amendment, likely to downzone, would be needed once a commercial user was in hand. Market studies show the proposed site is a perFect location for a Wal Mart Neighborhood Grocery Store. Ciry Counci12011-08-18 13 Attachment number 1 Page 13 of 17 Item # 4 Councilmember Bill Jonson moved to approve the First Amendment to a Development Agreement between Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. (the property owners) and the City of Clearwater as per Community Development Code Section 4-606. The motion was duly seconded and carried unanimously. Resolution 11-15 was presented and read by title only. Councilmember John Doran moved to adopt Resolution 11-15. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 9.5 Amend sections of the Clearwater Code of Ordinances relatinq to requlation of weapons, includinq firearms, and pass Ordinance 8275-11 on first readinq. The Florida Legislature recently adopted House Bill 45, amending Section 790.33, Florida Statues, effective October 1, 2011, to strongly express the State's preemption in Chapter 790, Florida Statutes, of the "whole field of regulation of firearms and ammunition" to include the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage and transportation thereof. The law makes "[a]ny person, county, agency, municipality, district, or other entity that violates the Legislature's occupation of the whole field of regulation of firearms and ammunition ... by enacting or causing to be enforced any local ordinance ... impinging upon such exclusive occupation of the field" liable for damages. If the court determines that a violation of Section 790.33, Florida Statutes, was knowing and willful, the court must assess a civil fine of up to $5000 against the elected or appointed local governmental official or administrative agency head under whose jurisdiction the violation occurred. Moreover, public funds cannot be used to defend or reimburse any person found to have knowingly and willfully violated the law; and a knowing and willful violation by a person acting in an official capacity or otherwise under color of law who enacts or enforces a local ordinance prohibited by Section 790.33, shall be cause for termination of employment or contract or removal from office by the Governor. Finally, any person or organization whose membership is adversely affected by "any ordinance, regulation, measure, directive, rule, enactment, order, or policy Ciry Counci12011-08-18 14 Attachment number 1 Page 14 of 17 Item # 4 promulgated or caused to be enforced in violation" of the law can file a lawsuit seeking declaratory and injunctive relief and for actual damages up to $100,000, including attorney's fees and costs. Chapter 790, Florida Statutes, currently contains numerous sections regulating the use and possession of firearms in public places. For example, Section 790.15 prohibits a person from knowingly discharging a firearm in any public place, on or over the right-of-way of any paved public road, highway, or street, and over any occupied premises; and Section 790.06 authorizes the issuance to individuals of licenses to carry a concealed firearm in public except in those locations enumerated in the statute, such as police stations, jails, courthouses, polling places, meetings of governing bodies, schools, professional athletic events, airport passenger terminals, and the portion of alcoholic beverage establishments primarily devoted to the consumption of alcoholic beverages on the premises. Additionally, the Florida Attorney General has opined in AGO 2005-40 that local governments are preempted by Section 790.33, Florida Statutes, from imposing regulations pertaining to the discharge of firearms because such activity is regulated by Section 790.15, Florida Statutes. Therefore, because the Clearwater Code of Ordinances contains numerous sections that also regulate the discharge and possession of firearms, those sections must be amended to avoid a conflict with Section 790.33, Florida Statutes. Vice Mayor George N. Cretekos moved to amend sections of the Clearwater Code of Ordinances relating to regulation of weapons, including firearms. The motion was duly seconded and carried unanimously. Ordinance 8275-11 was presented and read by title only. Councilmember Paul Gibson Councilmember moved to pass Ordinance 8275-11 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Miscellaneous Reports and Items 10. City Manager Verbal Reports 10.1 CMA Harborview Request Ciry Counci12011-08-18 15 Attachment number 1 Page 15 of 17 Item # 4 Assistant City Manager Rod Irwin said the City received a request from the Clearwater Marine Aquarium (CMA) detailing a proposal to occupy a portion of the Harborview Center for a period up to thirty months. The CMA would be responsible for insurance, maintenance and utilities on the property. The estimated capital expenditure to the City to prepare the building for occupancy is $172,587. The CMA has proposed to pay a $1 /paid guest/month rent with a minimum of $5,753 per month (city's capital expenditure/30). Mr. Irwin said the CMA would quarterly reconcile against actual ticket sales and remit any balance that exceeds the monthly minimum base rent. Once the actual capital expenditure is recovered by the City, CMA's rent will be reduced to $1.00 per month for the remainder of the term. If the CMA terminates the lease within the thirty-month period, the CMA will reimburse the City 100% of the remaining balance of the City's initial investment to prepare the facility for occupancy. In response to a concern, the City Attorney said the City could terminate the lease for a municipal need. Council could determine the time needed to terminate the agreement. In response to questions, CMA Executive Vice President Frank Dame said the CMA plans to open the Harborview exhibit to the public as soon as possible. Approximately sixty days are needed to build the exhibit set. The ticket counter will be located at the entryway on the east side of the building. The CMA does not intend to keep the Harborview exhibit open beyond the aquarium's main hours of operation. Mr. Dame said the exhibit operating hours could be adjusted if there is a conflict with city events at Coachman Park. Assistant City Manager Jill Silverboard said staff is prepared to begin building repairs as soon as the lease is in place. There was consensus for staff to move forward with drafting a lease agreement. One individual expressed a concern with the proposed lease and stated the Clearwater Downtown Partnership is researching the potential expansion of Coachman Park into the Harborview site. 11. Other Council Action 11.1 Auqust 29, 2011 Work Session - Mavor Hibbard Mayor Frank Hibbard said he met with the Business Task Force and thought it would be more appropriate to present their final recommendation to Council at a work session, with a condensed presentation at a council meeting. The Mayor requested that the August 29, 2011 work session begin at 8:30 a.m. instead of 9:00 a.m. There was consensus to begin the August 29, 2011 works session at 8:30 a.m. Ciry Counci12011-08-18 16 Attachment number 1 Page 16 of 17 Item # 4 Staff was directed to provide Council with a copy of the Business Task Force Final Report. 12. Closinq Comments by Mayor Mayor Frank Hibbard reviewed recent and upcoming events. 13. Adjourn The meeting was adjourned at 8:11 p.m. Attest City Clerk Ciry Counci12011-08-18 Mayor City of Clearwater 17 Attachment number 1 Page 17 of 17 Item # 4 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/1/2011 Adopt Ordinance 8270-11 on second reading, annexing certain real property whose post office addresses are 1842 and 1849 Diane Drive; 1727 and 1771 El Trinidad Drive; 1717, 1718, 1736, and 1741 Evans Drive; 1728, 1736 and 1746 Grove Drive; 1705, 1712, 1716, and 1746 Lucas Drive; 1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738 Terrace Drive; 1716, 1733, 1741, 1749, and 1754 Thomas Drive; together with all right of way of El Trinidad Drive East, within Diane Heights Replat Subdivision; all right of way of Morningside Drive, Winwood Drive and El Trinidad Drive East within Winwood Subdivision; all right of way of Marilyn Drive abutting Lots 2 through 6, Block H; all right of way of Skyland Drive abutting Lot 3 through the North 16 feet of Lot 8, Block I; all right of way of Diane Drive abutting Lot 3, Block J through Lot 14, Block I and Lots 9 through 11, Block J; all right of way of Morningside Drive abutting Lot 11, Block J; intersection of Morningside Drive and Diane Drive in Carlton Terrace First Addition; all right of way of El Trinidad Drive East abutting Lots 1 through 7, Block 1; and abutting Lots 11 through 18, Block 1; all right of way of Terrace Drive (previously known as El Trinidad Drive North) abutting Lot 15, Block 2 in Virginia Grove Terrace; all right of way of Evans Drive abutting Lots 20 through 30, Block 6 in Virginia Grove Terrace Fourth Addition; all right of way of Grove Drive abutting Lot 27, Block 2; and abutting Lot 6 through Lot 8, Block 4; and abutting Lot 10, Block 4, and abutting Lots 12 through 15, Block 4; all right of way of Terrace Drive as shown on the Subdivision Plat in Virginia Grove Terrace First Addition; all right of way of Lucas Drive abutting Lot 1, Block 6 and abutting Lot 29, Block 5, and abutting Lots 4 through 12, Block 6 in Virginia Grove Terrace Third Addition; all right of way of Thomas Drive abutting Lots 16 through 18, Lots 20 through 25, and Lot 27, Block 4; and abutting Lot 5 Block 5; and all right of way of Terrace Drive, abutting Lots 7 through 10, Block 3 in Virginia Grove Terrace Second Addition; into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: Cover Memo Item # 5 Attachment number 1 Page 1 of 3 ORDINANCE NO. 8270-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1842 AND 1849 DIANE DRIVE, 1727 AND 1771 EL TRINIDAD DRIVE, 1717, 1718, 1736 AND 1741 EVANS DRIVE, 1728, 1736 AND 1746 GROVE DRIVE, 1705, 1712, 1716 AND 1746 LUCAS DRIVE, 1813 AND 1837 MARILYN DRIVE, 1818 AND 1837 SKYLAND DRIVE, 2738 TERRACE DRIVE, 1716, 1733, 1741, 1749 AND 1754 THOMAS DRIVE, TOGETHER WITH ALL RIGHT OF WAY OF EL TRINIDAD DRIVE EAST, WITHIN DIANE HEIGHTS REPLAT SUBDIVISION, ALL RIGHT OF WAY OF MORNINGSIDE DRIVE, WINWOOD DRIVE, AND EL TRINIDAD DRIVE EAST, WITHIN WINWOOD SUBDIVISION, ALL RIGHT OF WAY OF MARILYN DRIVE ABUTTING LOTS 2 THRU 6, BLOCK H, ALL RIGHT OF WAY OF SKYLAND DRIVE ABUTTING LOT 3, THRU THE NORTH 16 FEET OF LOT 8, BLOCK I, ALL RIGHT OF WAY OF DIANE DRIVE ABUTTING LOT 3, BLOCK J, THRU LOT 14, BLOCK I, AND LOTS 9 THRU 11, BLOCK J, ALL RIGHT OF WAY OF MORNINGSIDE DRIVE ABUTTING LOT 11, BLOCK J, INTERSECTION OF MORNINGSIDE DRIVE AND DIANE DRIVE, IN CARLTON TERRACE FIRST ADDITION, ALL RIGHT OF WAY OF EL TRINIDAD DRIVE EAST, ABUTTING LOTS 1 THRU 7, BLOCK 1, AND ABUTTING LOTS 11 THRU 18, BLOCK 1, ALL RIGHT OF WAY OF TERRACE DRIVE (PREVIOUSLY KNOWN AS EL TRINIDAD DRIVE NORTH), ABUTTING LOT 15, BLOCK 2, IN VIRGINIA GROVE TERRACE, ALL RIGHT OF WAY OF EVANS DRIVE ABUTTING LOTS 20 THRU 30, BLOCK 6, IN VIRGINIA GROVE TERRACE FOURTH ADDITION, ALL RIGHT OF WAY OF GROVE DRIVE ABUTTING LOT 27, BLOCK 2, AND ABUTTING LOT 6 THRU LOT 8, BLOCK 4, AND ABUTTING LOT 10, BLOCK 4, AND ABUTTING LOTS 12 THRU 15, BLOCK 4, ALL RIGHT OF WAY OF TERRACE DRIVE AS SHOWN ON THE SUBDIVISION PLAT, IN VIRGINIA GROVE TERRACE FIRST ADDITION, ALL RIGHT OF WAY OF LUCAS DRIVE ABUTTING LOT 1, BLOCK 6, AND ABUTTING LOT 29, BLOCK 5, AND ABUTTING LOTS 4 THRU 12, BLOCK 6, IN VIRGINIA GROVE TERRACE THIRD ADDITION, ALL RIGHT OF WAY OF THOMAS DRIVE ABUTTING LOTS 16 THRU 18, LOTS 20 THRU 25, AND LOT 27, BLOCK 4, AND ABUTTING LOT 5, BLOCK 5, AND ALL RIGHT OF WAY OF TERRACE DRIVE, ABUTTING LOTS 7 THRU 10, BLOCK 3, IN VIRGINIA GROVE TERRACE SECOND ADDITION, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING Item # 5 Ordinance No.8270-11 Attachment number 1 Page 2 of 3 THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See legal description attached hereto as Exhibit A. (ATA2011-01001) The map or maps attached as Exhibit B are hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Item # 5 Ordinance No.8270-11 Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 3 of 3 Item # 5 Ordinance No.8270-11 Attachment number 2 Page 1 of 3 Exhibit "A" LEGAL DESCRIPT�ONS ATA2011-01001 (Diane Area ATAs, Phase C) A!1 Right of Way of EI Trinidad Drive East, within Diane Heights Replat subdivision, as recorded in Plat Book 90 0� Page 5, o� the Public Records of Pinellas Co�nty, �'Iarida. , Al� Rigtit of Way of Morningside Drive, Winwood Drive, and El Trinidad Drive East, within Winwood subdivision, as recorded i�i Plat Book � I3 on Pages 43 tkjxa 45, of the Public Records of Pinellas County, Florida. Parcel ID Address OS-29-16-13554-Q10-0030 1$49 Diane Dr. OS-29-16-13554-009-0030 1837 Skyland Dr. OS-29-1b-13554-009-0170 1842 Diane Dr. OS-29-16-13554-008-0020 1837 Marilyn Dr. OS-29-16-I3554-008-0060 I813 Marilyn Dr. 05-29-16-I3554-008-012Q 1818 Skyland Dr. Lot 3, Block .T, Lots 3 and 17, Block I, Lots 2, 6, 12 and the North 34 Feet o�Lot l I, Block H; tpgether with: A11 Right of Way of Marilyn Drive abuttiu►g I.ots 2 tluu 6, Block H; together with: All Right of Way of Skyland Drive abutting Lot 3, thz-u th�e North l.6 Ft. of Lot 8, Block I; togeLher with: Ail Aight of Way of Diane Drive abutiing Lot 3, Block J, thru Lot i�, Block I, and Lots 9 tliru 1 l, Block .1; together with: All Right of Way of Mornir�gside Dr'rve abuiting Lot I 1, Block J; together with: Ali of the Ri�ht of Way at the intersectian of Morningside Drive and Diane Drive; all the abo�e in Carlto� Terrace First Addi#ion subdivision, as recorded in Plat Book 43 on Page 39, of the Public Records of Pinellas County, Florida. Parcel ID Address OS-29-16-9432Q-001=0070 OS-29-16-94320-OOI-0140 Lots 7 and 14, Biock 1; together with; _ . I727 El Trinidad Dr. 1771 E! Trinidad Dr. AIl Right of Way of EI Trinidad Drive East, abutting iots 1 thru 7, Block 1, and abutting Lots 11 t.hru 18, Black 1; together with: All Righ� of Way of Terrace Drive (pre�iously known as El Trinidad Drive N.), abutting Lot 15, Biock 2; 7/1812�'E1 11:22AM Page 1 of 3 Item # 5 ATA2t391-03001-LEGRL DESCRIPTIQNS Phase C 25 parcels.docx Attachment number 2 Page 2 of 3 all the above in Virginia G�ove Terrace subdivision, as recorded in Plat Boak 37 on Page 29, of the Public Records of Pinellas Caunty, Fiorida. � �'arcei ID Address OS-29-16-94342-006-0200 174I E�ans Dr. 05-29-Ifi-94342-O�b-0260 171'] Evans Dr. OS-29-16-94392-007-0060 171$ �vans Dr. OS-29- I G-94392-007-0100 I736 Evans Dr. Locs 20, 2G, and 2'1, Block 6, Lots 6 and lfl, Block 7; togeti�er with: All Right of Way of Evans Drive abutting Lots 20 tluu 30, B�ock 6; ail the z�ove ii5 �'is�binia Gro�-e Te�-�-ace �'o��tlti Adctitio�� subdi�-isiocl, as recorded in Plat Book 37 os� Page 75, af the Public Reeords of P'snellas Cour►ty, Floricla. Parcel TiD Address 05-29-16-94338-004-0080 1728 Grove Dr. 05-29-16-94338-004-0100 1736 Gro�e Dr. 05-29-16-94338-fl04-OI2Q 1746 Grove Dr. Lot 24, Block 2, Lots 8, 10, and 12, Biock 4; together with: All Right of Way of Grove prive aburting Lot 27, Block 2, and abutting I,ots 6 thru Lqt 8, Block 4, and abutting Lot I4, Block 4, and abutting Lo�.s 12 thru 15, Block 4; together witta: AI[ Right of Way of Terrace Drive as shown on the subdi�+ision piat; all the a�ove in Virginia Grove Terrace First Addition subdivision, as recorded in Plat Book 37 on Page 62, of the pubiic Records af Fineltas County, Florida. -------------------------------------------- Parcei ID Address OS-29-16-94374-005-0290 1765 Lucas Dr. OS-29-16-94374-006-0040 i712 Lucas Dr. OS-29-I6-94374-006-0050 1716 Lucas Dr. OS-29-t6-94374-006-0120 174b Lucas Dr. Lot 29, Block 5, and Lots 4, 5 and 12, Block 6; togekher with: All Righ� of Way of Lucas Dri�e atiufting Lot i, Block 5, and abutting Lot 29, F31ock 5; and abutting L,ots 4 thiu 12, Slock 6; al! the abo�e in Virginia Grove Terrace Third Addition subdi�ision, as recorded in Plat Book 37 on Page 74, of the Public Records of Pinellas County, Florida. Item # 5 7118l2Q11 11:22 AM Page 2 of 3 ATA2011-01001-LEGAL DESCRIPTIONS Phase C 25 parcels.docx Attachment number 2 Page 3 of 3 Parcel ID Address OS-29-16-94356-003-OI Ofl 2738 Terrace Dr. OS-29-16-94356-004-018fl 1749 Thomas Dr. 05-29-16-94356-004-0200 1741 Thomas Dr. OS-29-16-9�356-004-0220 1733 Thomas Dr. OS-29-Ib-94356-OOS-0050 1716 Thomas Dr. OS-29-16-44356-005-0140 1754 Thomas Dr. Lot 10, Block 3, i,ats 18, 20, and 22, Black 4, Lots 5, 14, and 15, Block 5; together with: A�l Right of Way of Terrace Dri�e, abutting Lots 7 thru 10, Block 3; together with: All Ri;l�t of Way of Tf�o�izas prive abutting Lois 1G tlu-u 18, Lots 20 thru 25, and Lot 27, Block 4, and abutting Lot 5, Block 5; aIl tiie above in Virginia Gro�e Terrace Second Addition subdivision, as recorded in Plat Book 3Ton Page 73, of the Public Records of PinelIas County; Florida. 7l1812011 91:22 AM Page 3 of 3 Item # 5 ATA2011-0'i001-LEGAL �ESCRIPTIONS Phase C 25 parcels.docx r. wQ�� . . � � � , . : ' �� : i�s4 � � � �:. � � ` �83 i�r . �� . ; �n��.� � _�_ � . .. � �� , . ,:, �� , _� � : x� �� , .� , :� �, ; � ; w� �� q . g ' E'� � : � ' � �� 1$� .: � �»�.� � �r . . ,. �,. . .�m� . _�. . Attachment number 3 Page 1 of 1 �� ; �� : � � r, : ' �� .j DIAIVE TL�R � . . , � �. :� � .;� �, ; . : ��i � �' k .._ , _ . _ ., _. ' .. . .. : � � 1A • ��.p� f g : : ; . �� i : ,� - �� a , � � � : . ; � � :�� .. : r. � � � . ' � �; � : e: :�v . : � a � :�� .;� .��"`� i : � 11��131t1�NG��` d�Z' . �_� ' �� v ' '� a ' . � � . . � �I . , . �� :':�� ,�� ,��.� � i _ .. . . .. . . _. . . � . �� -. � � ' EtR�1 �� D� �., � : `: � : � � �� m � � . �� ?4�. � � � �� ' , � � � � A1�4 �� ' �.�_�� ; ,�,� : ` : �4 �T��w .� � :. r �97�1'. ��, .� � �� # � a ' ,,� } . �'�T3 ��. � � �� 9�� w. . � � : '�� p r�., �� :��3 : � . �, �' _ 'C1 �,� ,��.ux � ��it � � � � i��:� i� � �. .� : � ' :�� '�..� �� . �c�;� . � ��'1 .1 � �� T�, t � 1 N � :. ' � i � 1-�1 .�71� .�� 17'#�� . :a � : a�� 1 . .� �� :�� :� � � .x� �.� �' � i � : . `:� .� � � . � �'�i�� , :� � I _. . . �� :�. �� ` ' , :.:•:'� i'••.1'�• :�•_� e. i:•• . . � :::'•,� �' � 1 � � � .�I � ° �� :.:�_ � �� 4 �� y_ � ; . ��7 ;; 1 .�� r � `. � �... ' . }��4 ' i� � � :. . iW i �. ,: �:�� : � :` Q : � O �x�� ` � . : �� , � �� ,:�� `1�� ' 4��'u. �� .�` .• � . �:� �� .�. � ..� SR 590 � � : �� 1-� .1. .;1.: . PROPOSED ANNEXATION MAP �� Owner MULTIPLE OWNERS Case: ATA201 1-01 001 DIANE AREA PHASE C: Muitiple lots south of Sunset Point PCOpeCty Size (ACCes): i 25 PARCELS @ 4.94 acres $Ite: Road, east of US 19 and north of SR 590 (see next page) Rights-of-way (Acres): ;+ 10.838 acres ROW z € Land Use Zoning � From: RL, P (County) To: RL, Drainage Feature Overlay (City) R-3 (County) LMDR (City) � Atlas Page: Parcels—see last page 264A Item # 5 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/1/2011 Adopt Ordinance 8271-11 on second reading amending the future land use element of the Comprehensive plan of the city to designate the land use for certain real property whose post office addresses are 1842 and 1849 Diane Drive; 1727 and 1771 El Trinidad Drive; 1717, 1718, 1736, and 1741 Evans Drive; 1728, 1736 and 1746 Grove Drive; 1705, 1712, 1716, and 1746 Lucas Drive; 1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738 Terrace Drive; 1716, 1733, 1741, 1749, and 1754 Thomas Drive; together with all right of way of El Trinidad Drive East, within Diane Heights Replat Subdivision; all right of way of Morningside Drive, Winwood Drive and El Trinidad Drive East within Winwood Subdivision; all right of way of Marilyn Drive abutting Lots 2 through 6, Block H; all right of way of Skyland Drive abutting Lot 3 through the North 16 feet of Lot 8, Block I; all right of way of Diane Drive abutting Lot 3, Block J through Lot 14, Block I and Lots 9 through 11, Block J; all right of way of Morningside Drive abutting Lot 11, Block J; intersection of Morningside Drive and Diane Drive in Carlton Terrace First Addition; all right of way of El Trinidad Drive East abutting Lots 1 through 7, Block 1; and abutting Lots 11 through 18, Block 1; all right of way of Terrace Drive (previously known as El Trinidad Drive North) abutting Lot 15, Block 2 in Virginia Grove Terrace; all right of way of Evans Drive abutting Lots 20 through 30, Block 6 in Virginia Grove Terrace Fourth Addition; all right of way of Grove Drive abutting Lot 27, Block 2; and abutting Lot 6 through Lot 8, Block 4; and abutting Lot 10, Block 4, and abutting Lots 12 through 15, Block 4; all right of way of Terrace Drive as shown on the Subdivision Plat in Virginia Grove Terrace First Addition; all right of way of Lucas Drive abutting Lot 1, Block 6 and abutting Lot 29, Block 5, and abutting Lots 4 through 12, Block 6 in Virginia Grove Terrace Third Addition; all right of way of Thomas Drive abutting Lots 16 through 18, Lots 20 through 25, and Lot 27, Block 4; and abutting Lot 5 Block 5; and all right of way of Terrace Drive, abutting Lots 7 through 10, Block 3 in Virginia Grove Terrace Second Addition; upon annexation into the City of Clearwater, as Residential Low (RL) and Drainage Feature Overlay. SUMMARY: Review Approval: Cover Memo Item # 6 ORDINANCE NO. 8271-11 Attachment number 1 Page 1 of 2 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1842 AND 1849 DIANE DRIVE, 1727 AND 1771 EL TRINIDAD DRIVE, 1717, 1718, 1736 AND 1741 EVANS DRIVE, 1728, 1736 AND 1746 GROVE DRIVE, 1705, 1712, 1716 AND 1746 LUCAS DRIVE, 1813 AND 1837 MARILYN DRIVE, 1818 AND 1837 SKYLAND DRIVE, 2738 TERRACE DRIVE, 1716, 1733, 1741, 1749 AND 1754 THOMAS DRIVE, TOGETHER WITH ALL RIGHT OF WAY OF EL TRINIDAD DRIVE EAST, WITHIN DIANE HEIGHTS REPLAT SUBDIVISION, ALL RIGHT OF WAY OF MORNINGSIDE DRIVE, WINWOOD DRIVE, AND EL TRINIDAD DRIVE EAST, WITHIN WINWOOD SUBDIVISION, ALL RIGHT OF WAY OF MARILYN DRIVE ABUTTING LOTS 2 THRU 6, BLOCK H, ALL RIGHT OF WAY OF SKYLAND DRIVE ABUTTING LOT 3, THRU THE NORTH 16 FEET OF LOT 8, BLOCK I, ALL RIGHT OF WAY OF DIANE DRIVE ABUTTING LOT 3, BLOCK J, THRU LOT 14, BLOCK I, AND LOTS 9 THRU 11, BLOCK J, ALL RIGHT OF WAY OF MORNINGSIDE DRIVE ABUTTING LOT 11, BLOCK J, INTERSECTION OF MORNINGSIDE DRIVE AND DIANE DRIVE, IN CARLTON TERRACE FIRST ADDITION, ALL RIGHT OF WAY OF EL TRINIDAD DRIVE EAST, ABUTTING LOTS 1 THRU 7, BLOCK 1, AND ABUTTING LOTS 11 THRU 18, BLOCK 1, ALL RIGHT OF WAY OF TERRACE DRIVE (PREVIOUSLY KNOWN AS EL TRINIDAD DRIVE NORTH), ABUTTING LOT 15, BLOCK 2, IN VIRGINIA GROVE TERRACE, ALL RIGHT OF WAY OF EVANS DRIVE ABUTTING LOTS 20 THRU 30, BLOCK 6, IN VIRGINIA GROVE TERRACE FOURTH ADDITION, ALL RIGHT OF WAY OF GROVE DRIVE ABUTTING LOT 27, BLOCK 2, AND ABUTTING LOT 6 THRU LOT 8, BLOCK 4, AND ABUTTING LOT 10, BLOCK 4, AND ABUTTING LOTS 12 THRU 15, BLOCK 4, ALL RIGHT OF WAY OF TERRACE DRIVE AS SHOWN ON THE SUBDIVISION PLAT, IN VIRGINIA GROVE TERRACE FIRST ADDITION, ALL RIGHT OF WAY OF LUCAS DRIVE ABUTTING LOT 1, BLOCK 6, AND ABUTTING LOT 29, BLOCK 5, AND ABUTTING LOTS 4 THRU 12, BLOCK 6, IN VIRGINIA GROVE TERRACE THIRD ADDITION, ALL RIGHT OF WAY OF THOMAS DRIVE ABUTTING LOTS 16 THRU 18, LOTS 20 THRU 25, AND LOT 27, BLOCK 4, AND ABUTTING LOT 5, BLOCK 5, AND ALL RIGHT OF WAY OF TERRACE DRIVE, ABUTTING LOTS 7 THRU 10, BLOCK 3, IN VIRGINIA GROVE TERRACE SECOND ADDITION, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW Item # 6 Ordinance No.8271 -11 Attachment number 1 Page 2 of 2 (RL) AND DRAINAGE FEATURE OVERLAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property See attached legal description, Exhibit "A" (ATA2011- 01001) Land Use Cateqory Residential Low (RL) and Drainage Feature Overlay The map or maps attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8270 -11. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Rosemarie Call City Clerk Ordinance No.8271 -11 Item # 6 Attachment number 2 Page 1 of 3 Exhiblt ��A�� 8271 =1 1 LEGAL DESCRIPTIONS ATA2011-��001 (Diane Area ATAs, Phase C) All Right of Way of El Trinidad Drive East, within Diane Heights Rep�at subdivision, as recorded in Plat Book 90 on Page 5, of the Public Records of Pinellas County, Florida. -------------------------------------------------------------------------------------=------------------------------------------------------ All Right of Way of Morningside Drive, Winwood Drive, and El Trinidad Drive East, within Winwood subdivision, as recorded it� Plat Baok I 13 on Pages 43 thru 45, of the Public Records of Pinellas County, �"lorida. Parce[ ID Address 05-29-16-i3554-U10-0030 1849 Diane Dr. 05-29-16-13554-009-0030 1837 Skyland Dr. OS-29-16-13554-009-�i70 1842 Diane Dr. 05-29-16-13554-008-0020 1837 Marilyn Dr. 05-29-i6-13554-008-4060 1813 Marilyn Dr. 05-29-16-13554-008-OI20 I818 Skyland Dr. , Lat 3, Block 3, Lots 3 and 17, Block I, �.ots 2, b, I2 and the North 34 �:eet of Lot 1 l, Block H; togettier with: Ali Right of Way of Marilyn Drive abutting Lots 2 thru 6, Block H; together with: All Right of Way of Skyland Drive abutti�g Lot 3, thru the North iG �t. of Lot 8, Block I; together with: A!1 Right af Way of Diane Drive abutting T.ot 3, Black J, thn� Lot 14, Block I, and Lots 9 thru 11, Black 7; together with: All Right of Way of Morningside Drive abutting Lot 11, Block J; together with: All of tiie Right of Way at the intersection of Morningside Drive and Diane Drive; all the above in Carlton Terrace First Addition subdivision, as recorded in Plat Book 43 on Page 39, of the Public Records of Pinellas County, Florida. ------------------------------------------------------------------------------------------------------------------------------------------ Parcel ID Address OS-29-1b-94320-001-0070 1727 EL Trinidad Dr. OS-29-ih-94320-001-4140 1771 EL Trinidad Dr. Lots 7 and 14, Block 1; together with: Atl Right of Way of El Trinidad Drive East, abutting L.ots 1 tluu 7, Block t, and abutting Lots 1 i thru 1$, Block 1; together with: All Right of Way of Terrace Drive (previnusIy known as El Trinidad ;Drive N.}, abutting Lot I 5, Block 2; 7/21/2011 3:29 PAI! Page 1 a� 3 ATA2011-0100�-LEGAL DESCRIPTIONS Phase C FLl! (2).docx �tem # 6 � Attachment number 2 Page 2 of 3 all the above in Virginia Grove Terrace subdivision, as recorded in Plat Book 37 on Page 29, of tk►e Public Recards of Pinellas County, Florida. Parcel ID Address OS-29-16-94392-006-0200 1741 Evans Dr. OS-29-16-44392-OOb-4260 1717 Evans Dr. OS-29-16-94392-007-OOb4 1718 Evans Dr. (Future Land Use designation of Residential Low (RL) and drainage Feature Overlay (DFO) OS-29-16-94392-007-0100 1736 Evans Dr. {Future Land Use designation of Residential Low {RL) and drainage Feature Overlay (DFQ) Lots 20, 26, and 27, Block 6, Lots 6 and 10, Block 7; togetlier with: ALl Right of Way of Evans Dri�e ab�tting Lots 20 thru 30, Block 6; aIl the above in Virginia Grove Terrace Forth Addition subdivision,; as recorded � Piat Book 37 on Page 75, of the Pubiic Aecords of Pinellas County, Florida. ------------------------------------------------------------------------------------=--------------------------------------------------- Parcel ID Address 05-29-16-9433$-044-0080 1728 Grove Dr. 45-29-16-94338-004-0100 1736 Grove Dr. 05-29-16-9433$-004-d12U 1746 Grave Dr. Lot 24, Block 2, Lots 8, 10, and 12, Block 4; tagether with: All Right of Way of Grove Drive abutting Lot 27, Black 2, and abutting Lots 6 thn� Lot 8, Block 4, and abutting Lot 10, Block 4, and abutting Lots 12 thru 15, Block 4; together with: All Right of Way of Terrace Drive as shown on the subdivision plat; ' all the above in Virginia Grove Terrace First Addition subdivisioz�, as recorded in Plat Bpok 37 on Page b2, of the Public Records of Pinellas County, Florida. Parcel ID Address OS-29-16-94374-405-0290 1705 Lucas Dr. OS-29-16-94374-406-0040 1712 Lucas Dr. OS-29-16-94374-44G-0050 1716 Lucas Dr. 05-29-16-94374-406-0120 1746 Lucas Dr. Lot 29, Block 5, and Lots 4, 5 anci i2, Block 6; together with: All Right o£ Way a£ Lucas Drive abutting Lot 1, Block b, and abutting Lot 29, Block 5, and abutting Lots 4 thru 12, Block 6; all the above in Virginia Grove Terrace TLird Addition subdivision; as recorded in Piat Book 37 on Page 74, of the Public Recards of Piriellas County, Florida. 7/21I2011 3:29 PN! Page 2 af 3 ATA2011-0100i-LEGAL DESCRIPTIONS Phase C FLII (2).docx �tem # 6 Attachment number 2 Page 3 of 3 Parcel ID Address OS-29-16-94356-003-0100 2738 Terrace Dr. (Future Land Use designation of Residential i,ow {RL) aztd drainage Feature O�erlay (DFO) 05-29-1b-94356-004-0180 1749 Thornas Dr. 05-29-16-9435b-004-0200 1741 Thomas Dr. 05-29-16-94356-004-0220 1733 Thomas Dr. OS-29-16-94356-005-DO50 1716 Thomas Dr. OS-29-16-44356-405-0140 1754 Thomas Dr. Lot 10, Block 3, Lots 18, 20, and 22, Block 4, Lots 5, 14, and 15, Block 5; together with: Ali Right of Way of Terrace Drive, abutting Lots 7 thru 10, Block 3; ; � together with: All Right of Way of Thomas Drive abuttiz�g Lots 16 thru 18, Lots 20 thru 2S, and Lot 27, Block 4, and abutting I.ot 5, Block 5; all the above in Virginis Grove Terrace Second Addition subdivision, as recorded in Plat Book 37 on Page 73, of the Public Records of Pinellas County, Florida. 7/21/2011 3:29 PM Page 3 of 3 ' ATA201 i-01001-LEGAL DESCRIPTIONS Phase C FLU {2).docx �tem # 6 �% . • . ,. +k,.; ' �� r . ,�� :. 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'�7�� :. � . �� m�, � ::.� : :.:& : �� . . .. � � .� : � ��. ;..:: �� , , . : . .. � ...�: :::.�.::�:� <�.�:� . .�. .::, a..::.:. RU .�' � �...�F SR 590 FUTURE LA ND USE MA P Owner MULTIPLE OWNERS Case: Site: DIANE AREA PHASE C: Muitiple lots south of Sunset Point Property Size (Acres): Road, east of US 19 and north of SR 590 (see next page) Rights-of-way (Acres) Land Use Zoning PIN: From: RL, P (County) R-3 (County) To: RL, Drainage Feature LMDR (City) Overlay (City) Atlas Page: ATA201 1-O 1001 25 PARCELS @ 4.94 acres + 10.838 acres ROW Parcels—see last page 264A Item # 6 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/1/2011 Adopt Ordinance 8272-11 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1842 and 1849 Diane Drive; 1727 and 1771 El Trinidad Drive; 1717, 1718, 1736, and 1741 Evans Drive; 1728, 1736 and 1746 Grove Drive; 1705, 1712, 1716, and 1746 Lucas Drive; 1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738 Terrace Drive; 1716, 1733, 1741, 1749, and 1754 Thomas Drive; together with all right of way of El Trinidad Drive East, within Diane Heights Replat Subdivision; all right of way of Morningside Drive, Winwood Drive and El Trinidad Drive East within Winwood Subdivision; all right of way of Marilyn Drive abutting Lots 2 through 6, Block H; all right of way of Skyland Drive abutting Lot 3 through the North 16 feet of Lot 8, Block I; all right of way of Diane Drive abutting Lot 3, Block J through Lot 14, Block I and Lots 9 through 11, Block J; all right of way of Morningside Drive abutting Lot 11, Block J; intersection of Morningside Drive and Diane Drive in Carlton Terrace First Addition; all right of way of El Trinidad Drive East abutting Lots 1 through 7, Block 1; and abutting Lots 11 through 18, Block 1; all right of way of Terrace Drive (previously known as El Trinidad Drive North) abutting Lot 15, Block 2 in Virginia Grove Terrace; all right of way of Evans Drive abutting Lots 20 through 30, Block 6 in Virginia Grove Terrace Fourth Addition; all right of way of Grove Drive abutting Lot 27, Block 2; and abutting Lot 6 through Lot 8, Block 4; and abutting Lot 10, Block 4, and abutting Lots 12 through 15, Block 4; all right of way of Terrace Drive as shown on the Subdivision Plat in Virginia Grove Terrace First Addition; all right of way of Lucas Drive abutting Lot 1, Block 6 and abutting Lot 29, Block 5, and abutting Lots 4 through 12, Block 6 in Virginia Grove Terrace Third Addition; all right of way of Thomas Drive abutting Lots 16 through 18, Lots 20 through 25, and Lot 27, Block 4; and abutting Lot 5 Block 5; and all right of way of Terrace Drive, abutting Lots 7 through 10, Block 3 in Virginia Grove Terrace Second Addition; upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 7 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8272-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1842 AND 1849 DIANE DRIVE, 1727 AND 1771 EL TRINIDAD DRIVE, 1717, 1718, 1736 AND 1741 EVANS DRIVE, 1728, 1736 AND 1746 GROVE DRIVE, 1705, 1712, 1716 AND 1746 LUCAS DRIVE, 1813 AND 1837 MARILYN DRIVE, 1818 AND 1837 SKYLAND DRIVE, 2738 TERRACE DRIVE, 1716, 1733, 1741, 1749 AND 1754 THOMAS DRIVE, TOGETHER WITH ALL RIGHT OF WAY OF EL TRINIDAD DRIVE EAST, WITHIN DIANE HEIGHTS REPLAT SUBDIVISION, ALL RIGHT OF WAY OF MORNINGSIDE DRIVE, WINWOOD DRIVE, AND EL TRINIDAD DRIVE EAST, WITHIN WINWOOD SUBDIVISION, ALL RIGHT OF WAY OF MARILYN DRIVE ABUTTING LOTS 2 THRU 6, BLOCK H, ALL RIGHT OF WAY OF SKYLAND DRIVE ABUTTING LOT 3, THRU THE NORTH 16 FEET OF LOT 8, BLOCK I, ALL RIGHT OF WAY OF DIANE DRIVE ABUTTING LOT 3, BLOCK J, THRU LOT 14, BLOCK I, AND LOTS 9 THRU 11, BLOCK J, ALL RIGHT OF WAY OF MORNINGSIDE DRIVE ABUTTING LOT 11, BLOCK J, INTERSECTION OF MORNINGSIDE DRIVE AND DIANE DRIVE, IN CARLTON TERRACE FIRST ADDITION, ALL RIGHT OF WAY OF EL TRINIDAD DRIVE EAST, ABUTTING LOTS 1 THRU 7, BLOCK 1, AND ABUTTING LOTS 11 THRU 18, BLOCK 1, ALL RIGHT OF WAY OF TERRACE DRIVE (PREVIOUSLY KNOWN AS EL TRINIDAD DRIVE NORTH), ABUTTING LOT 15, BLOCK 2, IN VIRGINIA GROVE TERRACE, ALL RIGHT OF WAY OF EVANS DRIVE ABUTTING LOTS 20 THRU 30, BLOCK 6, IN VIRGINIA GROVE TERRACE FOURTH ADDITION, ALL RIGHT OF WAY OF GROVE DRIVE ABUTTING LOT 27, BLOCK 2, AND ABUTTING LOT 6 THRU LOT 8, BLOCK 4, AND ABUTTING LOT 10, BLOCK 4, AND ABUTTING LOTS 12 THRU 15, BLOCK 4, ALL RIGHT OF WAY OF TERRACE DRIVE AS SHOWN ON THE SUBDIVISION PLAT, IN VIRGINIA GROVE TERRACE FIRST ADDITION, ALL RIGHT OF WAY OF LUCAS DRIVE ABUTTING LOT 1, BLOCK 6, AND ABUTTING LOT 29, BLOCK 5, AND ABUTTING LOTS 4 THRU 12, BLOCK 6, IN VIRGINIA GROVE TERRACE THIRD ADDITION, ALL RIGHT OF WAY OF THOMAS DRIVE ABUTTING LOTS 16 THRU 18, LOTS 20 THRU 25, AND LOT 27, BLOCK 4, AND ABUTTING LOT 5, BLOCK 5, AND ALL RIGHT OF WAY OF TERRACE DRIVE, ABUTTING LOTS 7 THRU 10, BLOCK 3, IN VIRGINIA GROVE TERRACE SECOND ADDITION, UPON Item # 7 Ordinance No. 8272-11 Attachment number 1 Page 2 of 2 ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property See attached legal description, Exhibit "A" (ATA201 1-01 001) Zoninq District Low Medium Density Residential (LMDR) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8270-11. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Rosemarie Call City Clerk Item # 7 Ordinance No. 8272-11 Attachment number 2 Page 1 of 3 Exhibit "A" LEGAL DESCRIPT�ONS ATA2011-01001 (Diane Area ATAs, Phase C) A!1 Right of Way of EI Trinidad Drive East, within Diane Heights Replat subdivision, as recorded in Plat Book 90 0� Page 5, o� the Public Records of Pinellas Co�nty, �'Iarida. , Al� Rigtit of Way of Morningside Drive, Winwood Drive, and El Trinidad Drive East, within Winwood subdivision, as recorded i�i Plat Book � I3 on Pages 43 tkjxa 45, of the Public Records of Pinellas County, Florida. Parcel ID Address OS-29-16-13554-Q10-0030 1$49 Diane Dr. OS-29-16-13554-009-0030 1837 Skyland Dr. OS-29-1b-13554-009-0170 1842 Diane Dr. OS-29-16-13554-008-0020 1837 Marilyn Dr. OS-29-16-I3554-008-0060 I813 Marilyn Dr. 05-29-16-I3554-008-012Q 1818 Skyland Dr. Lot 3, Block .T, Lots 3 and 17, Block I, Lots 2, 6, 12 and the North 34 Feet o�Lot l I, Block H; tpgether with: A11 Right of Way of Marilyn Drive abuttiu►g I.ots 2 tluu 6, Block H; together with: All Right of Way of Skyland Drive abutting Lot 3, thz-u th�e North l.6 Ft. of Lot 8, Block I; togeLher with: Ail Aight of Way of Diane Drive abutiing Lot 3, Block J, thru Lot i�, Block I, and Lots 9 tliru 1 l, Block .1; together with: All Right of Way of Mornir�gside Dr'rve abuiting Lot I 1, Block J; together with: Ali of the Ri�ht of Way at the intersectian of Morningside Drive and Diane Drive; all the abo�e in Carlto� Terrace First Addi#ion subdivision, as recorded in Plat Book 43 on Page 39, of the Public Records of Pinellas County, Florida. Parcel ID Address OS-29-16-9432Q-001=0070 OS-29-16-94320-OOI-0140 Lots 7 and 14, Biock 1; together with; _ . I727 El Trinidad Dr. 1771 E! Trinidad Dr. AIl Right of Way of EI Trinidad Drive East, abutting iots 1 thru 7, Block 1, and abutting Lots 11 t.hru 18, Black 1; together with: All Righ� of Way of Terrace Drive (pre�iously known as El Trinidad Drive N.), abutting Lot 15, Biock 2; 7/1812�'E1 11:22AM Page 1 of 3 Item # 7 ATA2t391-03001-LEGRL DESCRIPTIQNS Phase C 25 parcels.docx Attachment number 2 Page 2 of 3 all the above in Virginia G�ove Terrace subdivision, as recorded in Plat Boak 37 on Page 29, of the Public Records of Pinellas Caunty, Fiorida. � �'arcei ID Address OS-29-16-94342-006-0200 174I E�ans Dr. 05-29-Ifi-94342-O�b-0260 171'] Evans Dr. OS-29-16-94392-007-0060 171$ �vans Dr. OS-29- I G-94392-007-0100 I736 Evans Dr. Locs 20, 2G, and 2'1, Block 6, Lots 6 and lfl, Block 7; togeti�er with: All Right of Way of Evans Drive abutting Lots 20 tluu 30, B�ock 6; ail the z�ove ii5 �'is�binia Gro�-e Te�-�-ace �'o��tlti Adctitio�� subdi�-isiocl, as recorded in Plat Book 37 os� Page 75, af the Public Reeords of P'snellas Cour►ty, Floricla. Parcel TiD Address 05-29-16-94338-004-0080 1728 Grove Dr. 05-29-16-94338-004-0100 1736 Gro�e Dr. 05-29-16-94338-fl04-OI2Q 1746 Grove Dr. Lot 24, Block 2, Lots 8, 10, and 12, Biock 4; together with: All Right of Way of Grove prive aburting Lot 27, Block 2, and abutting I,ots 6 thru Lqt 8, Block 4, and abutting Lot I4, Block 4, and abutting Lo�.s 12 thru 15, Block 4; together witta: AI[ Right of Way of Terrace Drive as shown on the subdi�+ision piat; all the a�ove in Virginia Grove Terrace First Addition subdivision, as recorded in Plat Book 37 on Page 62, of the pubiic Records af Fineltas County, Florida. -------------------------------------------- Parcei ID Address OS-29-16-94374-005-0290 1765 Lucas Dr. OS-29-16-94374-006-0040 i712 Lucas Dr. OS-29-I6-94374-006-0050 1716 Lucas Dr. OS-29-t6-94374-006-0120 174b Lucas Dr. Lot 29, Block 5, and Lots 4, 5 and 12, Block 6; togekher with: All Righ� of Way of Lucas Dri�e atiufting Lot i, Block 5, and abutting Lot 29, F31ock 5; and abutting L,ots 4 thiu 12, Slock 6; al! the abo�e in Virginia Grove Terrace Third Addition subdi�ision, as recorded in Plat Book 37 on Page 74, of the Public Records of Pinellas County, Florida. Item # 7 7118l2Q11 11:22 AM Page 2 of 3 ATA2011-01001-LEGAL DESCRIPTIONS Phase C 25 parcels.docx Attachment number 2 Page 3 of 3 Parcel ID Address OS-29-16-94356-003-OI Ofl 2738 Terrace Dr. OS-29-16-94356-004-018fl 1749 Thomas Dr. 05-29-16-94356-004-0200 1741 Thomas Dr. OS-29-16-9�356-004-0220 1733 Thomas Dr. OS-29-Ib-94356-OOS-0050 1716 Thomas Dr. OS-29-16-44356-005-0140 1754 Thomas Dr. Lot 10, Block 3, i,ats 18, 20, and 22, Black 4, Lots 5, 14, and 15, Block 5; together with: A�l Right of Way of Terrace Dri�e, abutting Lots 7 thru 10, Block 3; together with: All Ri;l�t of Way of Tf�o�izas prive abutting Lois 1G tlu-u 18, Lots 20 thru 25, and Lot 27, Block 4, and abutting Lot 5, Block 5; aIl tiie above in Virginia Gro�e Terrace Second Addition subdivision, as recorded in Plat Book 3Ton Page 73, of the Public Records of PinelIas County; Florida. 7l1812011 91:22 AM Page 3 of 3 Item # 7 ATA2011-0'i001-LEGAL �ESCRIPTIONS Phase C 25 parcels.docx Attachment number 3 Page 1 of 1 . � �. , ., , .. . - . .. . ,�.,, , . , .,. r. : . ,., . .,. �� WQ��11�� f�R .• ' ; � f� � �!¢+ � ; . . � �' �;:��5� w . � . �. ; ... . �83 � : � . .1�� '.� . . . 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'.::.... :..:.':� . . ::�.. .,: .. .�� ... : �: SR 590 ZONING MAP Owner MULTIPLE OWNERS Case: ATA201 1-01 001 DIANE AREA PHASE C: Muitiple lots south of Sunset Point PCOpeCty Size (ACCes): i 25 PARCELS @ 4.94 acres $Ite: Road, east of US 19 and north of SR 590 (see next page) Rights-of-way (Acres): ;+ 10.838 acres ROW z € Land Use Zoning � From: RL, P (County) To: RL, Drainage Feature Overlay (City) R-3 (County) LMDR (City) � Atlas Page: Parcels—see last page 264A Item # 7 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/1/2011 Adopt Ordinance 8273-11 on second reading, amending provisions of the Chapter 30, Traffic and Motor Vehicles, Clearwater Code of Ordinances, to eliminate a provision allowing the recovery for administrative costs as part of the City's parking ticket dismissal program. SUMMARY: Review Approval: Cover Memo Item # 8 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8273-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING PROVISIONS OF CHAPTER 30, TRAFFIC AND MOTOR VEHICLES, CLEARWATER CODE OF ORDINANCES, TO ELIMINATE A PROVISION ALLOWING THE RECOVERY FOR ADMINISTRATIVE COSTS AS PART OF THE CITY'S PARKING TICKET DISMISSAL PROGRAM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City maintains a parking ticket dismissal program for individuals that failed to properly display parking permits, parking pay station receipts, handicap hang-tags, or any other City-recognized parking permits, and WHEREAS, the City desires to eliminate a provision of the ticket dismissal program assessing administrative costs to the individual seeking redress via this program, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLO RI DA: Section 1. That Chapter 30, Traffic and Motor Vehicles, Section 30.060 be amended by deleting the stricken language as follows: Sec. 30.060. Penalties/warning letter upon failure to comply with ticket. ********** (7) Ticket Dismissal. The city's designee will establish and maintain a parking ticket dismissal program. Properly issued tickets for failure to display or properly display valid parking permits, valid parking pay station receipts, or handicap hang-tags or any other recognized permit shall be dismissed in lieu of court appearance and dismissal by the designee when the complainant can later produce valid proof of such permit or hang- 4 foo nf �� (1 (1(1 fnr ci inh rlicmiccol �niill ho nhornor! �n nn�ior oll o�Jminiciroii�io nnc�c tag. . . Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED Ordinance No.18�'8#�'� Approved as to form: Camilo A. Soto Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Attachment number 1 Page 2 of 2 Ordinance No.l$�'8#�'� City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/1/2011 Adopt Ordinance 8275-11 on second reading, amending Sections 8.08, 15.07(3), 21.06, and 22.39, Clearwater Code of Ordinances, to eliminate any regulations pertaining to firearms that would be contrary to Section 790.33, Florida Statutes (2011). SUMMARY: Review Approval: Cover Memo Item # 9 Attachment number 1 Page 1 of 5 ORDINANCE NO. 8275-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA RELATING TO THE DISCHARGE, SALE, AND POSSESSION OF WEAPONS, INCLUDING FIREARMS; AMENDING SECTIONS 8.08, 15.07(3), 21.06, AND 22.39, CLEARWATER CODE OF ORDINANCES, TO ELIMINATE ANY REGULATIONS PERTAINING TO FIREARMS THAT WOULD BE CONTRARY TO SECTION 790.33, FLORIDA STATUTES (2011); PROVIDING AN EFFECTIVE DATE. Whereas, the Florida Legislature recently adopted House Bill 45, amending Section 790.33, Florida Statues, effective October 1, 2011, to strongly express the State's preemption in Chapter 790, Florida Statutes, of the "whole field of regulation of firearms" to include the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage and transportation thereof; and Whereas, the law mak other entity that violat regulation of firearms ordinance ... impinging damages; and s"[a]ny person, county, agency, municipality, district, or s the Legislature's occupation of the whole field of .. by enacting or causing to be enforced any local upon such exclusive occupation of the field" liable for Whereas, if the court determines that a violation of Section 790.33, Florida Statutes was knowing and willful, the court must assess a civil fine of up to $5000 against the elected or appointed local governmental official or administrative agency head under whose jurisdiction the violation occurred; and Whereas, public funds cannot be used to defend or reimburse any person found to have knowingly and willfully violated the law; and Whereas, a knowing and willful violation by a person acting in an official capacity or under color of law for any entity enacting or causing to be enforced a local ordinance prohibited by Section 790.33, Florida Statutes, shall be cause for termination of employment or contract or removal from office by the Governor; and Whereas, any person or organization whose membership is adversely affected by "any ordinance, regulation, measure, directive, rule, enactment, order, or policy promulgated or caused to be enforced in violation" of the law may file a lawsuit seeking declaratory and injunctive relief and for actual damages up to $100,000, including attorney's fees and costs; and Whereas, Chapter 790, Florida Statutes, currently contains numerous sections regulating the use and possession of firearms in public places, for example, Section 790.15, which prohibits a person from knowingly discharging a firearm Ordinance No.l�#�'6 Attachment number 1 Page 2 of 5 in any public place, on or over the right-of-way of any paved public road, highway, or street, or over any occupied premises, and Section 790.06, which authorizes the issuance to individuals of licenses to carry a concealed firearm in public except in those locations enumerated in the statute, such as police stations, jails, courthouses, polling places, meetings of governing bodies, schools, professional athletic events, airport passenger terminals, and the portion of alcoholic beverage establishments primarily devoted to the consumption of alcoholic beverages on the premises; and Whereas, the Florida Attorney General has opined in AGO 2005-40 that local governments are preempted by Section 790.33, Florida Statutes, from imposing regulations pertaining to the discharge of firearms because such activity is regulated by Section 790.15, Florida Statutes; and Whereas, the Clearwater Code of Ordinances contains numerous sections that also regulate the discharge and possession of firearms and other weapons in public places, which must be amended to avoid a conflict with Section 790.33, Florida Statutes; and Whereas, however, Section 790.33(3)(a), Florida Statutes, authorizes local governments to impose regulations relating to firearms when specifically permitted by general law; and Whereas, Section 870.044, Florida Statutes, authorizes a designated city official to declare a state of emergency and regulate the sale or display of firearms or the possession of firearms in public places whenever the designated city official determines that there has been an act of violence or a flagrant and substantial defiance of, or resistance to, a lawful exercise of public authority and that, on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or to property, all of which constitute an imminent threat to public peace or order and to the general welfare of the jurisdiction affected or a part or parts thereof; and Whereas, Section 252.46(2), Florida Statutes, authorizes the suspension of all laws in conflict with any order or rule promulgated by a local government pursuant to its emergency management powers; and Whereas, Section 252.38(3), Florida Statutes, pertaining to the emergency management powers of political subdivisions, states that "each political subdivision shall have the power and authority ... to ... provide for the health and safety of persons and property"; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: 2 Ordinance No. $��-#'6 Attachment number 1 Page 3 of 5 Section 1. Section 8.08, Clearwater Code of Ordinances, is hereby amended to read as follows: Sec. 8.08. Shooting at prohibited. � No person shall shoot e�ee� at any animal or fowl in the city,- with � weapon from which a proiectile is propelled bv the action of compressed air the expansion of qas or a sprinq, or other mechanical means, e+t�°� f�oorm nr n�ho��oor�n�R�ho r�rinnir�ol nf nnmr�roccin��nr o�F� n�� or�nn nnmmnnhi r��o� in oc on oir riflo nr o��no.fr or with bows and arrows, slinqshots, or other weapons potentially danqerous to animals or wildlife. � This section does not apply to a person lawfully defendinq life or property, to a person discharqinq the weapon on properties expressly approved for This section is not intended to requlate the discharqe of firearms, which reaulated bv Section 790.15. Florida Statutes (20111. Section 2. Section 15.07(3), Clearwater Code of Ordinances, is hereby amended to read as follows: Sec. 15.07. - Declaration of state of emergency.; *****; (3) Emergency resolutions authorized by this chapter shall include but are not limited to the following subjects: Resolution Subject A Evacuation B Curfews; declaration of areas off limits C Suspension or regulation of the sale of alcoholic beverages, the sale and the displav for sale of firearms as well as the possession in a public place of firearms (as permitted bv Florida Statutes), explosives or combustibles D Prohibiting the sales of inerchandise, goods or services at more than the normal average retail price E Water use restrictions F Suspension of local building regulations G Rationing of fuel, ice and other essentials 3 Ordinance No. $��-#'6 Attachment number 1 Page 4 of 5 H Emergency procurement procedures I Gas use restrictions * ***** Section 3. Section 21.06, Clearwater Code of Ordinances, is hereby amended to read as follows: Sec. 21.06 Discharging weapons {�r°��. � It shall be unlawful for any person to fire any weapon from riflo n, ,,, „r n;� , m^'� ��"^�� which a#�ie projectile is propelled by the action of compressed air, the expansion of gas or a springl or other mechanical means, within the corporate Iimits of the city, except in lawful defense of I or property, or except by a law enforcement officer engaged in the disch� of his or her duties, or in a duly licensed indoor or outdoor gun club, pisto range or rifle range. This section shall not be construed to prohibit spear fishing in any area where such activity has been designated as being; permissible either by the city, the state or the United States.; Section 4. Section 22.39, Clearwater Code of Ordinances, is hereby amended to read as follows: Sec. 22.39. - Hunting and weapons {�r°��. 11 No unauthorized aerson shall oaenlv carrv. use or aossess; a weaaon from , � , � , � , , bows and arrows, slingshots, boomerangs, or any other form of weapon potentially, dangerous to wildlife or human safety on any public beach or park area except at and in accordance with the rules and regulations as a participa in a program sponsored by the department. No unauthorized person shall hunt, trap, or pursue wildlife by any means method whatsoever on anv public beach or park area. � This section is not intended to requlate the carryinq, use, or possession of firearms, which are requlated b,�pter 790, Florida Statutes (2011 � Section 5. This ordinance shall take effect immediately upon adoption. 4 Ordinance No. $��-#'6 Attachment number 1 Page 5 of 5 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk 5 Ordinance No. $��-#'6 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/1/2011 Adopt Ordinance 8280-11 on second reading, vacating the 3-foot Utility Easement lying adjacent to and south of the north property line of the West i/z of Lot 26 and all of Lot 27, Carolina Terrace Annex as recorded in Plat Book 12, Page 30, of the public records of Pinellas County, Florida. SUMMARY: Review Approval: Cover Memo Item # 10 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8280-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 3-FOOT UTILITY EASEMENT LYING ADJACENT TO AND SOUTH OF THE NORTH PROPERTY LINE OF THE WEST '/ OF LOT 26 AND ALL OF LOT 27, CAROLINA TERRACE ANNEX AS RECORDED IN PLAT BOOK 12 PAGE 30 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, Daphne J. McCluster, owner of real property located in the City of Clearwater, has requested that the City vacate the utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The 3-foot Utility Easement lying adjacent to and south of the north property line of the west'/ of Lot 26 and all of Lot 27, Carolina Terrace Annex, as recorded in Plat Book 12 page 30 of the Public Records of Pinellas County, Florida is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Item # 10 Ordinance No. 8280-11 Approved as to form: Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 2 of 2 Item # 10 Ordinance No. 8280-11 City Council Agenda Council Chambers - City Hall Meeting Date:9/1/2011 SUBJECT / RECOMMENDATION: Approve an agreement with Intuition Systems, Inc., DBA Bi112Pay, of Clearwater, FL in the amount of $216,500.00 for lock box services for the City of Clearwater, from October l, 2011 through September 30, 2016, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City issued RFP (Request for Proposal) 26-11 to solicit proposals for processing of mailed utility bill remittances, known as lock box services. Based upon the selection criteria contained in the RFP, Bi112Pay was selected as the vendor of choice. Funding in the amount of $43,300 is available in the Fiscal Year 2012 budget in code 0555-09884-530300-519-000-0000. Funding for future years will be submitted in the annual budget process. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0555-09884-530300-519-000- 0000 Bid Required?: Other Bid / Contract: Review Approval: $43,300 2011 to 2012 Yes Amount $43,300 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Bid Number: Bid Exceptions: None $43,300 $216,500 RFP 26- 11 None Cover Memo Item # 11 Attachment number 1 Page 1 of 5 Intuition Systems, Inc. Remittance Processing Agreement This Remittance Processing Agreement (the "Agreement) is made this lst day of October, 2011 by and between Intuition Systems, Inc., DBA Bi112Pay, a Florida Corporation with principal offices in Clearwater, Florida, hereinafter referred to as Company, and The City of Clearwater, a municipal corporation, with principal offices in Clearwater, Florida hereinafter referred to as Client. In consideration of the mutual covenants contained herein the parties hereby agree as follows: l. SERVICES AND PROCEDURES - Company shaii furnish the services and follow procedures set forth in the attached Exhibit A which is incorporated herein by reference and made a part of this Agreement. 2. TERM - This agreement shall have an initial sixty (60) month term ending at midnight on September 30�', 2016 and will be automatically extended for successive one year terms uniess terminated by Company or Client, pursuant to the provisions hereof, or upon at least three (3) months written notice to the other party prior to the expiration of the initial term or any renewal term. 3. FEES - As consideration for the services herein, Client shall pay to the Company the following service fees: A. Deposits of checks to Bank $ N/C per deposit B. Payment Processing - See Pricing E�iibit C The fees defined in Section 3 above are fixed for the initial sixty (60) month term of the Agreement provided the Client does not initiate a change in the form of its customer payments, operating procedures, invoices, enveiopes or in the reguiar scheduie of such documents. Shouid Ciient desire to make any such change, it sha11 give the Company at least sixty (60) days advance written notice and Client sha11 be responsible for any additional expenses incurred by Company as a result of Client instituting any such change. 4. BILLING - Company wi11 monthly send Client an invoice detailing volumes, prices and charges. Client sha11 pay invoices in accordance with the Florida Prompt Payment Act. Invoice and detail will be sent to the following address: Attention Director of Customer Service City of Clearwater P.O. Box 4748 Clearwater, Fl 33758-4748 5. RESPONSIBILITIES - A. RESPONSIBILITY FOR THE DATA. Company assumes no iiabiiity for ioss of input payment data, checks or other information before such data is in possession of Company. Company does not guarantee any payment for goods or services provided by Client. Company sha11 not be 1iable for any consequential or indirect damages in excess of losses for which it currently carries liability insurance. Company shall name Client as an additional insured Page 1 of 5 Item # 11 Attachment number 1 Page 2 of 5 under such policies and provide copies of same to Client. Company agrees to keep such policies in effect in amounts no less than currently maintained during the pendency of this agreement. Company wi11 reimburse Client for the recovery of overdraft fees charged to a Client customer as a direct result of a payment transaction error by Company. Company will further reimburse Client for any payments made by Client to Company which may be subsequently reversed for any reason. The term Company sha11 include a11 employees, directors and officers of Company as well as independent contractors hired by the Company to perform any part of the services to be furnished under this agreement. Possession of the data by the Company first occurs when the items to be processed are delivered physically to Company's processing facility and ends when the information has been delivered to the Client's depository institution. B. TIME OF CLAIMS - Except for fees due hereunder, notice of every ciaim, regardiess of form, which in any way arises out of this Agreement sha11 be made by the party obtaining such knowledge to the other party within six (6) months after the basis for such claim becomes known to the party desiring to assert it. C. EARLY TERIVIINATION - Either party may terniinate this agreement upon written notice to the other party if the other party breaches any material term or condition of the Agreement (including without limitation, failure to meet service standards) and such breach remains uncorrected for thirty (30) days following the date of receipt of written notice to such breaching party specifying the breach. In the event of non-payment or withholding of any fees ciaim by Company to be owing to it, the cure period shall be reduced to seven (7) days from which Company has rendered written notice, and if not cured within such time, the Company may immediately terminate the Agreement. Company and Client shall also have the right to terminate this Agreement without cause by providing the other party ninety (90) days advance notice of the date of termination. 6. MISCELLANEOUS - A. ENTIRE AGREEMENT - This agreement shall constitute the entire agreementbetween the parties. This agreement shall not be amended or modified uniess done so in writing and signed by the parties. No other representations have been made by either of the parties other than what has been set forth herein. B. NO OTHER REPRESENTATIONS - All of the representations made by Company with respect to the provisions of the services are as set forth in this Agreement and Client acknowledges that it has not relied upon any other prior statements or negotiations. C. SEVERABILITY - If any provision of this Agreement sha11 be held to be invalid or unenforceable for any reason, the remaining provisions sha11 continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so iimited. D. ARBITRATION - The parties agree that they with respect to any dispute arising from or relating to this Agreement sha11 be decided through arbitration under the Ru1es of the American Arbitration Association, which sha11 be held in Pinellas County, Florida. Page 2 of 5 Item # 11 Attachment number 1 Page 3 of 5 E. CHOICE OF LAW - This Agreement shall be governed by the iaws of the State of Florida. Any dispute arising from or relating to this Agreement sha11 be decided in the courts iocated in Pineiias County, Fiorida. F. WAIVER OF JURY TRIAL - The parties agree that they both waive any right to a jury trial with respect to any dispute arising from or relating to this Agreement. G. CONTACT INFORMATION — The primary point of contact during the contract period sha11 be designated in writing to the other party. 7. INSURANCE AND BOND - The Company sha11 maintain Worker's Compensation Insurance which sha11 fu11y comply with the statutory requirements of a11 applicable state and federal iaws and Empioyers' Liabiiity Insurance with iimits of $500,000 per accident for Bodiiy Injury and $500,000 per employee/aggregate and Commercial General Liability Insurance with a minium combined single limit of liability of $1,000,000 per occurrence per location and $2,000,000 aggregate for bodily injury and/or death and/or property damage and/or personal injury. This policy sha11 include products, completed operations coverage, and Broad Form Contractual Insurance specifically covering this Agreement. Company shall be responsibie for ioss to Ciient caused directiy or indirectiy by Company and Company sha11 maintain Fidelity Bond coverage for the dishonest acts of its employees in a minimum amount of $1,000,000. 8. NOTICES - Whenever, under this Agreement, one party is required to give notice to the other, such notice shall be deemed given, if maiied by United States maii, registered or certified maii, return receipt requested, postage prepaid and addressed as shown below. Either party may at any time change its address for notification purposes by mailing as aforesaid a notice stating the change and setting forth the new address. Client Company City of Clearwater Intuition Systems, Inc. DBA Bill2Pay Attn Director of Customer Service 4700 140�' Ave. N. Suite 106 P.O. Box 4748 Clearwater, F133762 Clearwater, Fl 33758-4748 9. FORCE MAJEURE - Suspension of Operations. Neither party shaii be iiabie for damages for delay in Services herein arising out of causes beyond its control and without its fault or negligence, including, but not limited to, acts of God or of the public enemy, acts of the government, foreign or domestic terrorists, fires, floods, epidemics, strikes,labor disturbances or freight embargoes (but not including delays caused by subcontractors or suppliers), provided that, in the case of Company, Company sha11 within four (4) hours from the beginning of such delay, notify Client of the cause of deiay and Company's contingency piant to cure such deiay; however, if a deiay exceeds a totai of five (5) days, Client may immediately with necessity of further notice, terminate this Agreement. Further, where Company is prevented from providing the Services due to a cause listed in this paragraph, Page 3 of 5 Item # 11 Attachment number 1 Page 4 of 5 Company shall use its best efforts to resume Services as soon as such cause ends. In Witness whereof, the parties hereto have executed this Agreement as of the day, month and year first above written, by the undersigned officers' thereunto duiy authorized. Intuition Systems, Inc. DBA Bill2Pay : Printed: Iris Kraft Title: Director of Payment Services Date: Countersigned: Frank V. Hibbard Mayor Approved as to form: Camilo A. Soto. Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: Rosemarie Call City Clerk Page 4 of 5 Item # 11 Attachment number 1 Page 5 of 5 Exhibit A Company agrees to provide remittance processing and other enumerated related services for Client in accordance with the procedures iisted beiow and procedures document in the attached Lockbox Information Sheet(s). 1. A Post Office caller service box will be opened at the Tampa Regional Airport Post Office facility in Tampa, Florida. The actual post office box will be in the name of and owned by Client and Client will grant Company exclusive use of the post office box far the term that this Agreement is in effect. Mail addressed to the box will be picked up each Company business day (Monday through Saturday), opened and the envelope contents reviewed and processed in accordance with the terms of the Agreement. 2. Company wi11 open a11 mail and prepare the remittance coupons and payment checks for processing. Company sha11 not process those items documented in the Lockbox Information Sheet not to be processed. Uniess otherwise agreed upon, aii processed checks wiii be endorsed: Deposit to the Account of Client Account Number Client Name 3. Company is hereby authorized to accept for deposit into Client demand deposit accounts at Clients Bank all checks, drafts and other items made payable to or endorsed in favor of the Client or a reasonable variation thereof. Client has designated their demand deposit accounts to be used by Company for lockbox deposits and adjustments hereunder. The funds associated with the Client will be deposited into the demand deposit account on the date that such checks and remittance coupons are processed by Company, or the next business banking day when such items are processed on a Saturday, Sunday or hoiiday. 4. Company wiii deiiver by courier to Ciient on the same day the check and remittance maii is opened and processed such documents together with items not processed for reasons set forth in the Lockbox Information Sheet or Exhibit B. This deiivery will inciude daiiy hard copy reports, aii processed remittances, correspondence, and a copy of the deposit siip as defined by the Ciient. 5. Company wi11 maintain an image record of a11 items, checks and remittance coupons, which are processed by Company for a period of one (1) year. Upon request, copies of payment records, or those maintained digitally or on CD, will be sent to Client within 5 days of the request. 6. If the handwritten amount on a payment differs from the numeric amount, the amount, which agrees to the invoice, will be accepted. 7. Client will notify Company at least sixty (60) days in advance of any change in the form of its customer payments, invoices, and envelopes or in the regular monthly mailing schedule of such documents. 8. For the purposes of ensuring that the processing of payment data is timely to the Client, the Company has estabiished production deadiines for aii standard payments received by 6:00 AM EST, Monday — Saturday, except during scheduled holidays. In the event the Company suffers hardware failure or any other condition beyond their control, the work wi11 be cut off early to ensure a deposit is posted each day. Intuition Systems, Inc. DBA Bill2Pay City of Clearwater Initial Page 5 of 5 Initial Item # 11 ��t�@'.i ,'kfLl�;1� �� [.r ��"��itic�� ;��t��5 I��. l,cscl��s�3� �tz@c,r°��i�j�� I��:�t �1�� I��t�€�� `�� Ir��w � ��i��r� -----___— � ��;t��r��z�� I�,�{��: ��r�;��. ��;�� `�t.� , ��. �'i�� -i��'�' C`c�b��t�� ,��1 ��r�s�; ��c��c� rr l�w��` t�� ` �"��a� t I�z��l r�cl��-��; �l��c�� C'itv ��t=C:�a��r��c�� _��i�i��;:� ��;� � ��1� �� '1��c��m, �'� � � i�C� �; a�� £��°� ��ar°i� �ca�r��.��r��„�r��vcf��t�r ��rn 72�-��m4� � C� �� '�°�� r� � Attachment number 2 Page 1 of 1 ��t�� r�i��t �'��i��a ��ts ��r�� t` �� ct��`�`��t�� i: ��-�'��, ��, ��2? �'��: ��-�1�-f�� ia�r� �.:��ll��r��r�l,�am ��. ��:� �� i��4 `�i�� °��t� ��wm� �� e �1��2�� '��: ��-��'�� : � � �! — — — -- � � Item # 11 � � � �� a�� r��r ��i�� Attachment number 3 Page 1 of 1 �'� ��+r��%..t�a _ I�.� . ��i�:w ;a . E�.d;�u"-.i,i�. FI A f�5�, � �w .x-��a�.I�� 3�i�� s , i�.1-�r��t�r�E11,, �� - �._._�_.__._._ � _ , . v �v � - - ----- — --- �-- ` �°��i1 r��€�� ? _ � ��__. �.___ _ � _ �. -� J ��ar��1y �'��t�r�� r l��rr� �� t��a��y� i�� s� ; — -- --�- - � __ _. _._ __.. _ . w e _ � �ir� �� t��M .__.�_.� .1�� __... ...... ... _ __ _ �irr�l� f��rt-��t �� 1 �� __ .___ _._....... ... a � . � ° �arr��r�d�� r�r� , � �� _._._ ..._ _� .. _. _ _ _ � — - �- ; ��p�� .1 �� ___ - -- _ _ e I �I��k� C�r�� . � �� --- -- — __... _. _� _ _ ._ . - -- ------ ��h�� ctl� �'C�� Fii� f�� r�� --- � � �.. � �_. ( ��tr�rri� I�� 5 - _ ____ _._._ _.. __ —�---- --- - --- - ----- � ��h �"��r�t� 3 �� — -- _�.___._ .._._.__ � ��t�� c��}��YS� '�� ____ ___ __.._� �cs ��t�� _ ��r�� _-- - -- �.�� _.. , ,n. ,. . w._,,, . _.___.___.._.____.. � ��r��h�� P��t�r��r�� i�c� ��t�:�� .. I f�� Gt��rg� if usirrg "�V�:L ��s rr7lhly� C� ��II �� --- � ��7�}�� __..___._.__._.. ..� d��'��r��6 �� d��r�n�l �#�� _ � � -- -- � -- �_:� �� , �� ,— ------- �� t�� _._____.. _.._ . _ __ �� i�� r��.... —�___�___�__�_......__ ��,�n�� __ �� -- ------- -- _._.____ __._ .. �� : � � ___ � �� .� � _ -- � I�L �h�� c�r��ec�� — .C�� D��s�it �i��tr��« ir�aa�� ca ia�rr� ins��_c��p��er �h�ck _ --- — -------- ---- - — — �� A�� — c�nl6�� r��g� � a�.(�C� _ �ce�� cafgr��rrse��t Ger�ac��s __ _....__.... ( _ _ .. — _ — -- -� lr�t�r��t��r� ��a�G�� ir��l�d�d i� ��r ot�rr� �r�� a�� r�� i ��c��t�� r�� . .� � i��. .__.�___.._.__._.__.__�.. . ... . , l Item # 11 SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers - City Hall Meeting Date:9/1/2011 Approve an agreement with Northeast ll, lnc., DBA TC Delivers, of Tampa, FL in the amount of $470,000.00 for utility bill printing and mailing, mail processing services and postage for the City of Clearwater from November 1, 20ll through October 31, 2012 and authorize the appropriate officials to execute same. (consent) SUMMARY: ln 2009 following an RFP (Request for Proposal) process to print, apply postage and mail utility bills and to pick-up, process and apply postage and mail general city departmental U.S. mail, the City selected Northeast ll, lnc. as the vendor of choice and awarded a contract for the services. The terms provided for two (2) one-year renewals of the contract at the option of the parties. This is the second of those renewals. The terms of the contract provide for: -Printing, processing (including insertions as required), affixing postage and mailing of city utility bills; -Vendor provides all bill stock and envelopes (mailing and return); -Pick-up, processing, affixing postage and mailing of city department mail. Estimated costs are: Mailing and Printing Services: - $92,000.00; Postage: Utility Bills - $274,000.00; Postage: City Departmental Mail - $104,000.00. Total: $470,000.00. Funding is available in the Fiscal Year 2012 budget. Mail and Printing Services will be charged to 0555-09872-530300-519-000-0000 and charged back to the appropriate departmental cost centers. Postage for City of Clearwater Utility Bills will be charged to 0555-09884-542500- 519-000-0000. Postage for City Departmental Mail will be charged to 0555-09872-542500-519-000-0000 and charged back to the appropriate departmental cost centers. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0555 -09872-530300-519-000- 0000 0555-09884-542500-519-000- 0000 0555-09872-542500-519-000- 0000 Bid Required?: Other Bid / Contract: Review Approval: $470,000 20ll to 2012 Amount $92,000 $274,000 $104,000 Yes Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Mail and Printing Services Postage-Utility Bills None $470,000 $470,000 Postage-City Departmental Mail Bid Number: Bid Exceptions: RFP 27- 09 None Cover Memo Item # 12 Attachment number 1 Page 1 of 11 �� 5��:��iC"�;`� .�,C:I��.�� .<<��,�r��f��;��'`� �i�' ��c� ��c�t;� I��crr�%��E Ii, �t��., I��.t�: `�'� I.��:��e�-�, � i'�.��3�� ;��r4��ic�i� (;:��`C` C3e°Ii�f��°�''} ��r�� it� �r��:��I �5�� ' ��s��e��; ��t ��-sl � ��es� �� .��-��.��. ��p�.c: � �.�� "��t��. � �� f� ��a <�zx� �� C;�� . �`1��•��,�.�.�,�', � ��i��.1 ��`��c��ti�� c�f`�8��: `sE�t� e��f•�� :�;�t�,�'"y, ��g��,� ��t�� t �i�� `�. 1��r�-fl�: ��:.. �y��.g-, �t'Ia � �7�� i5 �7��dt: �t�� t�r�� r�l� �� e��' ��: f �,� �.;;- �.��t�;' ��' �� "�_ � �l � 1. _. _ ��:�`�'IC�� a i°�a� � .� l �I�1a�� b'�.��-�e��.�� ?I 1��;c��: �:�`(��;�i�� t��:z` I _ �f� � I , �� 1 ?-e��i�� i�� t`�e�t tl��•�u��:�� t��se�- � �, �� .�x��ss c��l��r��is� ��:�-��i�-��i�:� a� ��i��c1 #�t` ��:�'��. ��"`�TI�� s ��°�� -��i�� 5�� ?.(�� "�'�' ��ii��;�-� ��i�1 �a•c-��ci� t�� tia� C:'��y ��5� �r��t��;� ��t� ��ili�-�� -��i�e� ��€��-� ��t�c��1��°�� .��ri��c� i�� ;�i��t "x�", ( 5��-�=�c��'"�, �� g�� S� �x��c�cc� 4�°t��a� t�a�� ir��:, i� ��:c��-c��;� ��.�� tt�� e�-�� c� �:c�sr��ie��s. s�� '�� l�e��. ��'�'��)� �, ��r�� #' ��f�� :: ��r�� .�}a :'��I ��:�°�,ri��;� ��1I �e ��r��-��c� z� � ��nr��:r �:t��i�� t� ��i� �t ��-��a�c€; as s�.� f�� :.�l��i�� ``.�.`". �.Cl� ��7 t1�c. �.�=�.�t� ��-�� A�F�` I��lis-°€;:�-� �{��:.� ��t ��'�'c�sr�-�� 1�� c:t��c�rt��?� c�� t�� °� i�:�� .��€� t�� i� �t��t.�.��1�� ct��si�t��t ��;,�� c �t��°�� e��' ��c.:r�'�r�t�a��€�c�. ar�c� ��1� 5ez-�� r� �c�t �er!t��-��:� tc� ti�� i��,"� �-�a�c3a��lc s�ti��c:�.i��_ �� "�t�� li z��ial'r yI�C' ��1��,=crs. �� :�� t��i+�a�i�a�� "�'�� rs sl�� €�� :x�� .�r�•��t c��° �°�:.t�� t�� c��. �.{� � I�� 1�� .�-�nt `�"� ��:l�o,�;�-� c:�.��s��a43�� s �� ;u�sfa��i.�� s�:�-��r�� i��a�%�c�r�� :cs�-��p�r��c�� #' ��: �i�.�-� i��.� tr� ��: �'?��. °� ��ac:�ic�� a��.� ;��c�� `��•� i�e� ��-� ��t �S��lc��-r��;c� �� t��r��r �-�:a��slr� �;c�r��e��t �;� it�� t�� :�i��°��`d� ��` ��F�`t�r��c:c:, tl�� 'g��' s�� ,��i��4' ��C� ��3�1��,��::�ry� i�� r�t��-��.�, ��i��i�� '��.��h�€� ��t��i� �da� t�t��- �a� ��r��: tl-�� 'i��' ��:��a:;� t11e: ��rvi��:� �c� ��; ��f��t. �'at�°ri�� .�� (�} �t€:��:s� �� ' s��l� ��i1��r��, �j�' ��:I��=�e�'� �� ;it��- c:c��-r��;t t�t�: ��;,�c°:��i�� «� �;tt�-�rt�i� �� °��-��rts��: ��.�rt-�� c��c�� r� ��a t1�e �'i�.� �€�� p�-c��r��l� °��i�� `��=a� ��1 �� a�; �z�-��-��4c�� i��a�s��, ��;��c� �r t3�S�t�•��5. 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"I"�' ��i�J�� '�:�� ic� �:��1�� i1 ��4��s �� -�r�s, �r��:�s �I�� a, ��scr �f°i��, ��Ic�, ��-��l��e�� i�ts�:r�, g��r, ��-�-��r��;, 1�arc��sc��; �:�� 1��°�,r �i�� °�31�� il�� tc� t�� c�� 1��. �� c:� p�-i�� €��f}.l l 1�� c:r i�c�� 1�.2�: ��ic:�� }��st��:. '�`C" ��:�� '�,�� a�-'t��t ��z � r�t��r� t�� Y�t�� c��" �.`,��;a�°��t�r �� s �� :� �i��:�; �r�� ``�C�.�� a�� it�;�� :�r� ��'�;�: �r�r ��r�. �� `��C� C��i��;�-� ��-�.�� i��l�, i��c�c;r, �-��<�a-i c�� i�c ��d �� ,� ��•t��t, c;t��i�-�; I�, ��sv��°�°��i�: �a�� cie��- t�� i1 ��Ir� tc� �k�� 5� �#��s:� �� •i��: �� .�� [�.�. �'�" I��;�� ,q-��s �c� pa�'�'-�� d�� C'i��' ��-t��e�� z� �� -i�;� t�� .C�� ;��:�� d{��, ��i� ��,� �� i��c�� i��?t�� i.�i��r�� i� �� : �.°�t�,. � I Item # 12 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/1/2011 Approve an Interlocal Agreement between the City of Clearwater (City) and the Community Redevelopment Agency of the City of Clearwater, Florida (Agency) that outlines responsibilities for the environmental cleanup of the CarPro site and authorize the appropriate officials to execute same. (consent) SUMMARY: The purpose and intent of this Agreement is to provide a means by which the Agency and the City can mutually work together to use their existing and anticipated resources available to meet specific expenses incurred for the environmental cleanup of real property known as the CarPro (Project). It is also the purpose of this Agreement, through assistance and cooperation, to define and delineate the responsibilities and obligations of the parties in order to accomplish the mutually beneficial Project. The CarPro site in the East Gateway area of the downtown has long been considered an impediment to the redevelopment of the area. For this reason, the CRA acquired this property in August 2010. Due to the value added incurred in obtaining this parcel, the CRA accepted these parcels "as is" and without warranties, and is responsible for the demolition of all structures, and for any future environmental due diligence and mitigation. The City received funds from EPA as part of the Brownfields Cleanup Revolving Loan Fund and determined that the best use of the remaining funds would be for the cleanup of the CarPro site. The City also determined that the Agency is in a better position to convey the Site to a developer or other private entity if it provides for the environmental cleanup of the Site. Resolution 11-19 authorizes a loan up to $325,440 to the CRA for the cleanup of the site. A main objective of the Agreement is to outline that the City, rather than the CRA, is in a better position to enter directly into contracts for environmental cleanup of the Project. The cleanup of the project is currently estimated at $325,440, confirmed by an engineer's estimate. While we do not anticipate that these costs will be exceeded, the Agreement allows the City, through its Brownfields program or other sources, or the agency to cover the additional cost of remediation and preparing the site for redevelopment. Review Approval: Cover Memo Item # 13 Attachment number 1 0 1359 Cleveland Street �� parcel Boundary N � Clearwater Clearwater, FL 33755-5104 � W E Community Redevelopment Agency 1359CIevelandStreet Preparedby: Parcel#152915648900030010 EngineeringDepartrnent of the City of Clearwater Item # 1� Geographic Technoiogy Division 100 S. Myrtie Ave, Ciearwater, PL 33756 Ph: (72�562-4750, Fax: (727)526-4755 Map Gen By: CD Reviewed By: DH Date: 08/11/2011 Grid #: 2878 S-T-R: 15-29-15 Scale: N.T.S. www.MyCiearwater.co m Attachment number 2 Page 1 of 6 RESOLUTION NO. 11-19 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE USE OF UP TO $325,440 FROM FUNDS PROVIDED TO THE CITY BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS PART OF THE BROWNFIELDS CLEANUP REVOLVING LOAN FUND PROGRAM TO PROVIDE FOR THE CLEANUP OF THE CAR PRO SITE OWNED BY THE COMMUNITY REDEVELOPMENT AGENCY AND PROVIDING THE BASIS FOR THE REPAYMENT OF THE FUNDS BY THE REDEVELOPER OR OTHER PRIVATE ENTITY WHO ULTIMATELY OCCUPIES THE SITE OR OTHERWISE BY THE CITY, SUBJECT TO CERTAIN CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property, located at 1359 Cleveland Street, (the "Site") in the City of Clearwater is located in a community redevelopment area as lawfully established; and WHEREAS, a Community Redevelopment Agency has been established and is authorized to exercise the extensive and broad redevelopment powers contained in the Community Redevelopment Act of 1969, Florida Statutes Chapter 163, Part III (the "Act"); and WHEREAS, the institution" pursuant to established; and City of Clearwater is the custodian of funds and "lending the Brownfields Cleanup Revolving Loan Fund ("BCRLF") WHEREAS, the City desires to utilize certain funds to be provided to the City by the United States Environmental Protection Agency (the "EPA") as part of the Brownfields Cleanup Revolving Loan Fund (the "BCRLF") to assist the CRA in the exercise of such redevelopment powers as contained in the Act in order to provide for the environmental cleanup of the Site so that it is available to developers and other private parties for economic redevelopment of the site consistent with the Act; and WHEREAS, such funds will be provided by the EPA to the City as needed to meet specific expenses properly incurred by the CRA in connection with contracts entered into directly by the CRA for the environmental cleanup of the Site; and WHEREAS, the Site is owned by the CRA, which is in a better position to convey the Site to a developer or other private entity if the CRA provides for the environmental cleanup of the Site; and Resolution No.11-19 Item # 13 Attachment number 2 Page 2 of 6 WHEREAS, there will be money available within the BCRLF in Account # 181- 99802 and # 388-94869 for such purposes when needed; and WHEREAS, the City desires to set forth the basis for the use of such funds as received from the EPA for the Site and the method of repaying such funds into the BCRLF; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City is hereby authorized and directed to appropriate funds available or to be made available by the EPA in the BCRLF, to the CRA in the amount of up to $325,440.00 for the purposes of providing for the environmental cleanup of the S ite. Section 2. As part of the use of such funds the City hereby incorporates by reference the requirements and conditions of the EPA as contained in the Cooperative Agreement between the City and the EPA in connection with the establishment of the BCRLF, and summarized in the attached Exhibit 1. The City also agrees that it and/or the CRA shall provide in any contract for such environmental cleanup any language required by the EPA in connection therewith. Section 3. The funds so appropriated by the City from the BCRLF will have a zero interest rate to be utilized by the CRA for this purpose and shall be repaid to the BCRLF by the City or the CRA either from (in priority order): a) amounts repaid to the City or the CRA from the private developer or another party to whom the CRA ultimately conveys the Site following the environmental cleanup provided for herein; b) TIF funds; c) the General Fund of the City through budget appropriations in subsequent years so that such BCRLF inay be made available by the City for the environmental cleanup of other sites; d) other means legally sufficient and approved by EPA. Any payment from the City of Clearwater General Fund is subject to the annual appropriations process. The repayment term is five years from the completion of the environmental cleanup of the site as indicated by a site rehabilitation completion order (SRCO). Section 4. Borrowers and conditions for discounted loans. BCRLF grantees may offer discounted loans to those entities provided in CERCLA section 104 (k) (1) including political subdivisions, and others. For an individual loan, the amount of the principal discounted may be a percentage of the total amount up to 30 percent, provided that the total amount of the principal forgiven shall not exceed $200,000. 2 Resolution No 11-19 Item # 13 Section 5. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney day of Frank V. Hibbard Mayor Attest: Rosemarie Call City Clerk , 2011. Attachment number 2 Page 3 of 6 3 Resolution No 11-19 Item # 13 Attachment number 2 Page 4 of 6 Exhibit 1: Brownfields Cleanup Revolving Loan Fund Summary of Requirements Conduct BCRLF response activities in accordance with the cooperative agreement and CERCLA and consistent with the NCP for the percentage of funds originating from EPA. ELIGIBLE ACTIVITIES ■ Clearwater BCRLF pilot funds will be used for environmental cleanup activities on contaminated redevelopment sites in the City's designated Brownfields area. BCRLF cleanups will meet the NCP requirements identified for non-time critical cleanup actions—i.e., cleanup actions for which a planning period of at least 6 months exists. These include actions associated with removing, mitigating, or preventing the release or threat of a release of a hazardous substance, pollutant, or contaminant. ■ BRCLF pilot funds may be used to clean up sites with an actual release or substantial threat of a release of hazardous substance, or at sites which pose a substantial danger to the public health or welfare. ■ BCRLF pilot loan funds may be used for site monitoring activities that are reasonable and necessary during the cleanup process. ■ BCRLF funds may be used for costs associated with meeting public participation, worker health and safety, and interagency coordination requirements. ■ BCRLF grantees may offer discounted loans to those entities provided in CERCLA section 104 (k) (1) including states, political subdivisions and others, as well as non profit organizations. The amount of the principal discounted may be any percentage of the total loan amount up to 30 percent, provided that the total amount of the principal forgiven shall not exceed $200,000 per project. INELIGIBLE ACTIVITIES ■ Clearwater BCRLF money from EPA will not be used on site assessment, identification and characterization, remediation of a naturally occurring substance or public or private drinking water supplies that have deteriorated through ordinary use; development activities that are not removal actions (e.g., construction of a new facility, marketing of property, or job training); remedial actions at sites listed or proposed for listing on the USEPA National Priorities List remedial actions at sites subject to ongoing Federal or State enforcement actions or remedial actions at Resource Conservation and Recovery Act (RCRA) permitted or interim status facilities. ■ Clearwater BCRLF money from EPA will not be given to a party which is determined to be a generator or transporter of contamination at a brownfields site(s) for work on that site. ■ EPA BCRLF Pilot funds will not be used to clean up products that are part of the building structure and result in exposure within the structure. 4 Resolution No 11-19 Item # 13 Attachment number 2 Page 5 of 6 EPA funded BCRLF Pilot funds will not be used for cleanup at site contaminated by petroleum products, unless they are believed to be co-mingled with a hazardous substance, pollutant, or contaminant. OTHER REQUIREMENTS ■ BCRLF cleanups will meet the National Contingency Plan public participation requirements including ensuring the availability of documents, providing adequate public comment periods, and designating a spokesperson to inform the community of actions concerning the site. ■ Document use of all funds, maintaining records which segregate expenditures from Federal and non-Federal sources. Federal expenditures are subject to Federal regulations governing the use of federal money. ■ Maintain documentation for a minimum of 10 years after the completion of the cleanup activity supported by the loan or for the length of the loan, whichever is longer, and obtain written approval from EPA prior to disposing of records. ■ Use of no more than 15 percent of the loan for allowable administrative activities. ■ Upon selection of a site for cleanup under the cooperative agreement, provide EPA with a site description, including: location of site, physical characteristics of site (i.e., geology, proximity to drinking water supplies), nature of release at site (i.e. contaminant type and affected media), past response actions at site, and response actions still required at site. ■ Prior to the disbursement of funds, an acceptable loan application package must be completed. This application includes a Memorandum of Agreement with Atlanta DEP. The Application Package will include BSRA and certification that the response activities have been coordinated with other State agencies, and will identify the contact names for site project management and for coordination with the State offices. In addition, the application package will include a site-specific Community Relations/Involvement Plan, a site-specific Health and Safety Plan, and a site-specific Quality Assurance Project Plan. ■ Projects funded by EPA money through the BCRLF must comply with applicable federal regulations regarding procurements, conflicts of interest, political activities, and hiring of personnel; federal, state and local laws, regulations, and ordinances, including the following: 1. Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 42 U.S.C. Section 2000-d), which prohibits discrimination on the basis of race, color or national origin; 2. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicap; 3. The Age Discrimination Act of 1975, enacted as an amendment to the Older Americans Act (Public Law 94-135), which prohibits unreasonable discrimination based on age; and 4. Title IX of the Education Amendments of 1972 (20 U.S.C. Section 1681, et seq.), which prohibits discrimination on the basis of sex in education programs and activities, including those not offered or sponsored by an education institution; 5 Resolution No 11-19 Item # 13 Attachment number 2 Page 6 of 6 5. Federal Fair Labor Standards Act (29 U.S.C. Section 201) which sets minimum wage and maximum hours; 6. Section 114 of the Clean Air Act, as amended (42 U.S.C. Section 1857, et. seq.) and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. Section 1857, et seq.), as well as other applicable requirements specified in said Acts and all regulations and guidelines issued thereunder; 7. Executive Order 11990, relating to the protection of wetlands; 8. Executive Order 11988, relating to flood plain management; 9. National Environmental Policy Act of 1969 (Public Law 91-190) and Executive Order 11514, Protection and Enhancement of Environmental Quality as amended by Executive Order 11991; 10. Section 106 of the National Historic Preservation Act of 1966 as amended (15 U.S.C. Section 470), Executive Order 11593 and the Archeological and Historic Preservation Act of 1966 (16 U.S.0 Section 469a-1 et seq.) by consulting with the State Historic Preservation Officer as necessary to identify properties which may suffer adverse effects as a result of this project. 11. Executive Order 11246's equal opportunity clause; all contracts and subcontracts which have or are anticipated to yield in excess of $10,000 within 12 months in carrying out the project will include this clause. 12. Coordination with identified State agencies. 6 Resolution No 11-19 Item # 13 Attachment number 3 Page 1 of 14 INTERLOCAL AGREEMENT (CarPro) This INTERLOCAL AGREEMENT (the "Agreement"), made and entered into as of this day of , 2011, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CTTY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida (the "Agency"), and the CTTY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City"). WITNES SETH: WHEREAS, it is the purpose and intent of this Agreement, the parties hereto, and the Florida Interlocal Cooperation Act of 1969, as amended and codified as Section 163.01, Florida Statutes (the "Cooperation Act"), to permit the Agency and the City to make the most efficient use of their respective powers, resources and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby to provide the property, facilities and services provided for in this Agreement in the manner that will best accord with the existing and anticipated resources available to each of them and with geographic, economic, population and other factors influencing the needs and developments within the downtown community redevelopment area in the corporate limits of the City and the area of operation of the Agency; and WHEREAS, it is the purpose of the Cooperation Act to provide for a means by which the Agency and the City may exercise their respective powers, privileges and authorities which they share in common and which each might exercise separately; and WHEREAS, the Agency is responsible for the implementation of the redevelopment plan for the redevelopment, rehabilitation and improvement of the community redevelopment area in the City; and WHEREAS, the City and the Agency desire to have an approximately 0.28 mol acre site located in the community redevelopment area in the downtown area of the City (the "Proj ect Site") redeveloped and rehabilitated by private sector development; and WHEREAS, the City and the Agency are willing to cooperate and provide assistance to each other and, to the extent permitted by law, assist the private development of the site, all in such means and manner as will promote the rehabilitation and redevelopment of the community redevelopment area, benefit the local economy, and be of substantial benefit to the Agency and the City; and WHEREAS, the Agency has been established and is authorized to exercise its powers available under Part III, Chapter 163, Florida Statutes, as amended (the "Redevelopment Act"), to aid, assist and cause the acquisition of the Project Site and make it available for sale, in whole or Item # 13 Attachment number 3 Page 2 of 14 in part, to private sector developers, and to aid, assist, and cause the development, design, and construction of a proj ect thereon; and WHEREAS, the City is the custodian of certain funds and is acting as the "lending institution" pursuant to the Brownfields Cleanup Revolving Loan Fund (`BCRLF") established; and WHEREAS, the City, in its Resolution No. 11-19 (attached as Exhibit "A") approved the application of $325,440 of funds to be provided to the City by the United States Environmental Protection Agency (the "EPA") as part of the Brownfields Cleanup Revolving Loan Fund to assist the CRA in connection with contracts entered into by the CRA for the environmental cleanup of the Proj ect Site; and WHEREAS, the City and the Agency are now in agreement that it is more efficient for the City, rather than the CRA, to use its resources and capabilities to directly enter into the contracts for environmental cleanup of the Proj ect Site; and WHEREAS, the City and the Agency further agree that the cleanup may exceed $325,440, as provided for by Resolution No. 11-19, and wish, in furtherance of accomplishing the cleanup, to hereby provide that the parties agree that the City may allot additional monies in its sole discretion in the form of a loan to the CRA, or, in the alternative, either the CRA or the City may take on the financial responsibility to fund any such shortfall each in its sole discretion; and NOW, THEREFORE, in consideration of the mutual covenants of this Agreement, the Agency and the City agree as follows: ARTICLE 1 AUTHORITY AND OBLIGATIONS 1.1 Authoritv to Contract. This Agreement is entered into pursuant to the provisions of Section 163.01, Florida Statutes, Section 163.400, Florida Statutes; Part III, Chapter 163 Florida Statutes; Chapter 166, Florida Statutes; Resolution No. 81-68 of the City adopted on August 6, 1981, and other applicable provisions of law, all as amended and supplemented from time to time. 1.2 Ori�inal Fundin� for the Cleanup and Authoritv for Citv to act on behalf of CRA in contractin� for Environmental Services related thereto. The City shall provide the Agency funds from the City's BCRLF in the amount of $325,440 for the purpose of remediation of the property known as the CarPro site, 1359 Cleveland Street, Clearwater, Florida, 33756, consisting of approximately 0.28 mol acres. Such funds may only be used for the purposes stated in that certain Cooperative Agreement between the City and the EPA, dated August 17, 1999 ("Cooperative Agreement") in connection with the establishment of the BCRLF, as summarized in Exhibit 1 of Resolution No. 11-19 (attached hereto and incorporated herein). The City also agrees that it and/or the CRA shall provide in any contract for such environmental cleanup any 2 Item # 13 Attachment number 3 Page 3 of 14 language required by the EPA in connection therewith. Further, the City is hereby authorized and directed to enter into any and all contracts necessary to fulfill the requirements and conditions of the EPA as contained in the Cooperative Agreement. 1.3 Authoritv for the Citv and/or the CRA to fund the cleanup in excess of the ori�inal amount allotted under Citv of Clearwater Resolution No. 11-19. The City and the CRA are hereby collectively or individually authorized to fund the cleanup in excess of the $325,440 provided for in Resolution No. 11-19 each at its own discretion. Further, the City may, in its sole discretion, allot additional monies in the form of a loan to the CRA. ARTICLE 2 DEFINITIONS 2.1 Definitions. As used in this Agreement, the following terms, when initially capitalized, shall have the following meanings: (a.) "Act" means Section 163.01, Florida Statutes, Part III, Chapter 163, Florida Statutes, Chapter 166, Florida Statutes, Resolution No. 81-68 of the City adopted on August 6, 1981, and other applicable provisions of law, all as amended and supplemented. (b.) "Agency" means the Community Redevelopment Agency of the City, as created by Resolution No. 81-68 of the City, adopted by the City Council on August 6, 1981, including any amendments thereto, and any successors or assigns thereto which can exercise redevelopment powers. (c.) "Agreement" means this Interlocal Agreement between the Agency and the City, including any amendments, revisions and exhibits thereto. (d.) "Area" means the area located within the corporate limits of the City having conditions of slum and blight (as those conditions are defined in the Act) as found by the City Council in Resolution No. 81-67 adopted by the City Council on August 6, 1981. (e.) "Authorized Representative" means the person who is the duly authorized and designated representative of the City or the Agency, respectively, as provided in Section 3.3 hereof. (f.) "City" means the City of Clearwater, Florida, a Florida municipal corporation, and any successors or assigns. (g.) "Governing Body" means, in the case of the Agency, the governing body of the Agency, and the City Council of the City in the case of the City, or any successor board, Council or Council thereto. (h.) "Proj ect Site" means the approximately 0.028 mol acre parcel of real property located in the Area, all as more particularly described in Exhibit "B" (Site Identification Table 3 Item # 13 Attachment number 3 Page 4 of 14 and Locator Map.) 2.2 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, 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. The words "party" or "parties" when referring to the initial signatory parties to this Agreement shall also mean and include any successor or assign of such party. References to "Agency" and "City" may refer to and include the Authorized Representative thereof designated in accordance with Section 3.3 to the extent the Agency or City has authorized its authorized representative to act on its behalf. 2.3 Florida Statutes. Any and all references herein to the "Florida Statutes" are to Florida Statutes (2010), as amended by any session law enacted during any regular or special session of the Legislature of the State of Florida convening subsequent to the Effective Date, and which become law in accordance with the Constitution of the State of Florida. ARTICLE 3 PURPOSE, FINDINGS, INTENT 3.1 Purpose. The purpose of this Agreement is to induce, encourage and assist the redevelopment of the Area through assistance and cooperation in the environmental cleanup of the Project Site. It is also the purpose of this Agreement to define and delineate the responsibilities and obligations of the parties to this Agreement, and to express the desire of the parties to cooperate together to accomplish the purposes and expectations of this Agreement. 3.2 Findin�s. It is hereby ascertained, determined, declared and found by the parties hereto that: (a.) The Area (in which is located the Project Site) contains one or more slum and blighted areas and that the rehabilitation or redevelopment of the Area (including specifically the Proj ect Site) is necessary in the interest of the public health, safety, morals and welfare of the residents of the City; (b.) The Proj ect Site is of significance to the Area and represents an area with a substantial impact and effect on the Area in terms of its location, size, prominence and proximity to the downtown core. (c.) It is a necessary and appropriate exercise of the redevelopment powers available to the Agency to provide such assistance as is reasonably necessary to cause the redevelopment of the Proj ect Site so it will be a significant development in the Area and will enhance the quality of life and the aesthetic and useful enj oyment of the downtown area of the City by the eradication of the conditions of slum and blight found there, all in accordance with and in furtherance of the 4 Item # 13 Attachment number 3 Page 5 of 14 Act as implemented by the Plan. (d) The development of the Project is appropriate to the needs and circumstances of, and shall make a significant contribution to, the economic growth of the area of operation of the Agency, and shall serve a public purpose by, among other things, advancing the economic prosperity, the public health and general welfare of the State and its inhabitants, and promoting the rehabilitation of the City and eliminating and preventing the creation and spread of blighted areas in the area of operation of the Agency and the corporate limits of the City. 3.3 Authorized Representative. (a) Each party may from time to time designate one or more individuals to be its Authorized Representative to act on its behalf to the extent of the grant of any authority to such representative. Written notice of the designation of such a representative (and any subsequent change in the Authorized Representative) shall be given by the designating party to the other party in writing in accordance with the procedure set forth in Section 9.9 hereo£ The written notice of the Authorized Representative shall indicate the authority that may be exercised by the Authorized Representative. (b) Except as otherwise expressly provided in this Agreement, whenever approval or action by the City or the Agency is required by this Agreement, such action or approval may, in the discretion of the party considering such approval or action, be taken or given by the Authorized Representative thereof. A party to this Agreement may rely upon the representation of the other party's Authorized Representative that such person has the requisite authority to give the approval or take the action being done by that Authorized Representative. A party may not later deny that its Authorized Representative had the authority represented to and relied upon by the other party or revoke or deny any action taken by such Authorized Representative which was relied upon by the other party ARTICLE 4 PROJECT SITE 4.1 Ownership of the Proj ect Site. As of the Effective Date, the Agency is the owner of the Property of the Proj ect Site. 5 Item # 13 Attachment number 3 Page 6 of 14 ARTICLE 5 REPAYMENT TO BCRLF 5.1 Repavment to BCRLF. The funds so appropriated by the City to the BCRLF and utilized by the CRA shall be repaid to such BCRLF as specifically outlined in Sections 3 and 4 of Resolution No. 11-19 (attached). ARTICLE 6 REPRESENTATIONS AND WARRANTIES 6.1 Representations and Warranties of the A�encX. The Agency represents and warrants to the City that each of the following statements is presently true and accurate and can be relied upon by the City: (a.) The Agency is the duly created and designated community redevelopment agency of the City, a validly existing body politic and corporate of the State, has all requisite corporate power and authority to carry on its business as now conducted and to perform its obligations under this Agreement and each document contemplated hereunder to which it is or will be a Party. (b.) This Agreement and each document contemplated hereby to which the Agency is or will be a party has been duly authorized by all necessary action on the part of, and has been or will be executed and delivered by, the Agency and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereo£ (a) requires the approval and consent of any other party, except such as have been duly obtained, (b) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the Agency, or (c) contravenes or results in any breach of, default under or result in the creation of any lien or encumbrance upon any party under any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions or any other agreement or instrument to which the Agency is a party, specifically including any covenants of any bonds, notes or other obligations of the Agency outstanding on the Effective Date. (c.) This Agreement and each document contemplated hereby, to which the Agency is or will be a party constitutes, or when entered into will constitute a legal, valid and binding obligation of the Agency enforceable against the Agency 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 equitable remedies are involved. (d.) There are no pending or, to the knowledge of the Agency, threatened actions or proceedings before any court or administrative agency against the Agency, which question the validity of this Agreement or any instrument or document contemplated herein, or which are likely in any case or in the aggregate to materially adversely affect the successful redevelopment of the Proj ect and the consummation of the transactions contemplated hereunder or the financial or corporate conditions of the Agency. 6 Item # 13 Attachment number 3 Page 7 of 14 (e.) This Agreement does not violate any laws, ordinances, rules, regulations, orders, contracts, or agreements that are or will be applicable thereto. 6.2 Representations and Warranties of the CitX. The City represents and warrants to the Agency that each of the following statements is presently true and accurate and can be relied upon by the Agency: (a.) The City is a validly existing municipal corporation of the State, has all requisite corporate power and authority to carry on its business as now conducted and to perform its obligations under this Agreement and each document contemplated hereunder to which it is or will be a party. (b.) This Agreement and each document contemplated hereby to which the City is or will be a party has been duly authorized by all necessary action on the part of, and has been or will be executed and delivered by, the City and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereo£ (i) requires the approval and consent of any other party, except such as have been duly obtained, (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the City, or (iii) contravenes or results in any breach of, default under or result in the creation of any lien or encumbrance upon any party under any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions or any other agreement or instrument to which the City is a party, specifically including any covenants of any bonds, notes or other obligations of the City outstanding on the Effective Date. (c.) This Agreement and each document contemplated hereby to which the City is or will be a party constitutes, or when entered into will constitute a legal, valid and binding obligation of the City enforceable against the City 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 subj ect to usual equitable principles in the event equitable remedies are involved. (d.) There are no pending or, to the knowledge of the City, threatened actions or proceedings before any court or administrative agency against the City, which question the validity of this Agreement or any instrument or document contemplated herein, or which are likely in any case or in the aggregate to materially adversely affect the successful redevelopment of the Proj ect and the consummation of the transactions contemplated hereunder or the financial or corporate conditions of the City. (e.) This Agreement does not violate any laws, ordinances, rules, regulations, orders, contracts, or agreements that are or will be applicable to the City. 7 Item # 13 Attachment number 3 Page 8 of 14 ARTICLE 7 INDEMNIFICATION 7.1 Indemnification bv the A�encX. (a.) In consideration of the City entering into the agreements for environmental cleanup and such other actions as are provided for herein, and other valuable consideration, to the extent permitted by law, the Agency shall pay, indemnify and save harmless the City, its agents, guests, invitees and employees from all suits, actions, claims, demands, damages, losses and other reasonable expenses and costs of every kind and description to which the City, its agents, guests, invitees or employees may be subjected to by reason of injury to persons or death or property damage, loss of monies or other loss caused or allegedly caused, in whole or in part, resulting from any omission, negligence or fault of the Agency, its agents or employees, the environmental consultants, or their contractors or subcontractors in connection with (i) any environmental cleanup, building, construction, installation or development work, service or operation being undertaken or performed by or for the Agency in, on, under, or over the Project Site, or (ii) any uses, occupancy, maintenance, repair and improvements, or operation of all or part of the Proj ect Site by or for the Agency; provided, however, such indemnification shall not be applicable to the extent a decision or judgment of a court of competent jurisdiction holds that any injury to persons or death or property damage was the result of acts of omission, negligence or fault of the City, its agents or employees. (b.) This Section 7.1 shall not be deemed or construed to provide any indemnification by the Agency for the benefit of any third parties other than the City nor as a waiver by the Agency of any liability of the City which the Agency may be entitled to recover damages notwithstanding any provision of this Agreement to the contrary. (c) In addition to the requirements of Section 71(a.), the City agrees that it will, on behalf of the Agency, remediate the Project Site in accordance with the Brownfield Site Rehabilitation Agreement (BSRA) dated April 21, 2011, between the CRA and the Florida Department of Environmental Protection (the "Department"). ARTICLE 8 DEFAULT; TERMINATION 8.1 Default bv the A�encX. (a.) Provided the City is not then in default under this Agreement as set forth herein, there shall be an "event of default" by the Agency under this Agreement upon the occurrence of any one or more of the following: (i.) The Agency shall fail to perform or comply with any material provision of this Agreement; or (ii.) The Agency shall make a general assignment for the benefit of its s Item # 13 Attachment number 3 Page 9 of 14 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 as 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 Agency or any material part of its properties; or (iii.) Within sixty (60) days after the commencement of any proceeding by or against the Agency 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 if, within sixty (60) days after the appointment without the consent or acquiescence of the Agency or any trustee, receiver or liquidator of the Agency or of any material part of its properties, such appointment shall not have been vacated. (b.) If an "event of default" as described herein shall have occurred, the City, after giving thirty (30) days written notice of such event of default to the Agency, and upon expiration of such thirty (30) day notice period, if such event of default has not been cured, the City shall seek to enforce the terms of this Agreement. 8.2 Default bv the CitX. (a.) Provided the Agency is not then in default under this Agreement as set forth herein, there shall be an "event of default" by the City under this Agreement upon the occurrence of the following (i) the City shall fail to perform or comply with any material provision of this Agreement. (b.) If an "event of default" as described herein shall have occurred, the Agency, after giving thirty (30) days written notice of such event of default to the City, and upon expiration of such thirty (30) day notice period, if such event of default has not been cured, the Agency shall seek to enforce the terms of the Agreement. 8.3 Obli�ations, Ri�hts and Remedies Exclusive. The rights and remedies specified herein to which either the Agency or City are entitled are exclusive and are intended to be to the exclusion of any other remedies or means of redress to which the Agency or the City may otherwise lawfully be entitled. 8.4 Non-Action on Failure to Observe Provisions of this A�reement. The failure of the Agency or the City to promptly insist upon strict performance of any term, covenant, condition or provision of this Agreement, or any exhibit hereto or any other agreement contemplated hereby shall not be deemed a waiver of any right or remedy that the Agency or the City may have, and shall not be deemed a waiver of a subsequent default or nonperformance of such term, covenant, condition or provision. (a.) In the event of a termination of this Agreement as provided for herein, neither the 9 Item # 13 Attachment number 3 Page 10 of 14 City nor the Agency shall be obligated or liable one to the other in any way, financial or otherwise, for any claim or matter arising from or as a result of this Agreement or any actions taken by the City or the Agency, or both, thereunder or contemplated hereby; provided, however, that if any suits, actions, claims, or demands of any kind shall be made against the City or the Agency, or both of them, seeking damages, expenses and costs (including attorneys' fees), or any other relief, arising from or as the result of any omission, negligence or fault of the City or the Agency in connection with this Agreement or any actions taken by the City or the Agency, or both of them, hereunder or contemplated hereby, the indemnification provisions of Article 7 hereof shall apply and shall survive termination of this Agreement. 8.5 Termination Certificate (a) In the event of a termination of this Agreement prior to the Expiration Date, each of the parties hereto does covenant and agree with the 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 hereo�. (b) The certificate described in subsection (a) 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. The cost of recording the termination certificate shall be paid by the Agency. ARTICLE 9 MISCELLANEOUS 9.1 Amendments. This Agreement may be amended by the mutual written agreement of the Agency and the City at any time and from time to time, which amendments shall become effective upon filing thereof with the Clerk of the Circuit Court of Pinellas County, Florida, pursuant to Section 163.01(11), Florida Statutes. 9.2 A�reement Constitutes Contract. The Agency and the City acknowledge that the parties hereto will rely on the pledges, covenants and obligations created herein for the benefit of the parties hereto, and this Agreement shall be deemed to be and constitute a contract between the Agency and the City as of the Effective Date. 9.3 Assi n� ment. Neither party may assign or transfer any or all of its duties, rights, responsibilities, or obligations under this Agreement to any other party or any person not a party to this Agreement without the express prior approval of the other party to this Agreement. 9.4 Severabilitv. The provisions of this Agreement are severable, and it is the intention of the parties to confer the whole or any part of the powers herein provided for and if any of the provisions of this Agreement or any other powers granted by this Agreement shall be 10 Item # 13 Attachment number 3 Page 11 of 14 held unconstitutional, invalid or void by any court of competent jurisdiction, the decision of said court shall not affect or impair any of the remaining provisions of this Agreement. It is hereby declared to be the intent of the parties hereto that this Agreement would have been adopted, agreed to, and executed had such unconstitutional, invalid or void provision or power not been included therein. 9.5 Controllin� law. Any and all provisions of this Agreement and any proceeding seeking to enforce and challenge any provision of this Agreement shall be governed by the laws of the State of Florida. Venue for any proceeding pertaining to this Agreement shall be Pinellas County, Florida. 9.6 Members of the A�encv and Citv Not Liable. (a.) All covenants, stipulations, obligations and agreements of the Agency and the City contained in this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of the Agency and the City, respectively, to the full extent authorized by the Act and provided by the Constitution and laws of the State of Florida. (b.) No covenant, stipulation, obligation or agreement controlled herein shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future individual member of the governing body or agent or employee of the Agency or the City in its, his or their individual capacity, and neither the members of the Governing Body of the Agency or the City or any official executing this Agreement shall individually be liable personally or shall be subject to any accountability by reason of the execution by the Agency or the City of this Agreement or any act pertaining hereto or contemplated hereby. 9.7 Expiration of A�reement. (a.) This Agreement shall be effective immediately upon filing with the Clerk of the Circuit Court of Pinellas County, Florida after execution by both parties and shall expire and terminate by its own terms without further notice or action by any party hereto on the tenth (amended) anniversary of the Effective Date or when Agency has repaid the City the total due to the BCRLF as specifically provided for herein. (b.) The parties covenant and agree that upon this Agreement expiring and terminating on the Expiration Date, all rights, privileges, obligations and responsibilities of any party hereunder shall expire and be of no force and effect, except to the extent any provision hereof expressly survives the Expiration Date. 9.8 Third Partv Beneficiaries. Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon any person, firm or corporation other than the parties hereto, any right, remedy, or claim, legal or equitable, under or by reason of this Agreement or any provision hereo£ It is the intent of the parties hereto that this Agreement and all its provisions are intended to be and are for the sole and exclusive benefit of the parties hereto. 11 Item # 13 Attachment number 3 Page 12 of 14 9.9 Notices. Any notice, demand, direction, request or other instrument authorized or required by this Agreement to be given or filed with the Agency or the City shall be deemed sufficiently given or filed for all purposes of this Agreement if and when sent by registered mail, return receipt requested, or by direct personal delivery: To the Agency, addressed to To the City, addressed to Community Redevelopment Agency of the City of Clearwater, Florida 112 S. Osceola Avenue Clearwater, FL 33756 Attention: Executive Director City of Clearwater, Florida 112 S. Osceola Avenue Clearwater, FL 33756 Attention: City Manager 9.10 Execution of A�reement. This Agreement shall be executed in the name of the Agency by its Chairman and Executive Director and the seal of the Agency affixed hereto and in the name of the City by its Mayor and City Clerk, and approved as to form and execution by the City Attorney, and the seal of the City affixed hereto. If any officer whose signature appears on this Agreement ceases to hold office before all officers shall have executed this Agreement or prior to the filing of this Agreement as provided in Section 9.11 hereof, his or her signature shall nevertheless be valid and sufficient for all purposes. This Agreement shall bear the signature of, or may be signed by, such individuals as at the actual time of the execution of this Agreement shall be the proper and duly empowered officer to sign this Agreement and this Agreement shall be deemed to have been duly and properly executed even though on the Effective Date any such individual may not hold such office. 9.11 Filin� With Circuit Court Clerk The City Clerk is hereby authorized and directed after approval of this Agreement by the Governing Body of each of the Agency and the City and the execution thereof by the duly qualified and authorized officers of each of the parties hereto as provided in Section 9.10 hereof, to file this Agreement with the Clerk of the Circuit Court of Pinellas County, Florida, as provided in Section 163.01(11), Florida Statutes. 9.12 Effective Date. This Agreement shall become effective immediately upon filing with the Clerk of the Circuit Court of Pinellas County, Florida, as provided in Section 163.01(11), Florida Statutes. 9.13 Maintenance of Records. The parties will keep adequate records and supporting documentation applicable to this contractual matter in accordance with the terms and conditions of the Cooperative Agreement. Agency shall provide all reports necessary for the City to meet its reporting requirements with the EPA, as determined by the City. In addition, the Agency shall 12 Item # 13 Attachment number 3 Page 13 of 14 maintain and submit any and all reports in compliance with local, State and Federal law. 9.14 Compliance with A�licable Law. The parties hereto agree to comply with requirements of all applicable Federal, State and local law, rules and regulations promulgated thereunder. IN WTTNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Interlocal Agreement as of the day and year first above written. Approved as to form: Pamela K. Akin City Attorney Countersigned: Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA : Frank V. Hibbard Chairperson Attest: Rosemarie Call City Clerk CITY OF CLEARWATER, FLORIDA : William B. Horne II City Manager Attest: Rosemarie Call City Clerk 13 Item # 13 Attachment number 3 Page 14 of 14 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by ROD IRWIN and ROSEMARIE CALL, as Execurive Director and City Clerk, respecrively, of the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, on bel�alf of the Agency, this day of , 2011. My Council Expires: (Affix notarial seal) STATE OF FLORIDA COUNTY OF PINELLAS Notary Public The foregoing instrument was acknowledged before me by WILLIAM B ROSEMARIE CALL, as City Manager and City Clerk, respectively, of CLEARWATER, FLORIDA, on behalf of the City, this 2011. My Council Expires: Notary Public (Affix notarial seal) 14 HORNE II and the CITY OF day of Item # 13 SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers - City Hall Meeting Date:9/1/2011 Approve an Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce (CRCC) to produce and distribute the Official Clearwater, Florida Visitor Guide in Fiscal Year 20ll-2012 in return for funding in the amount of $26,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: In Fiscal Year 2009-2010, the CRCC entered into a three-year contract with Heron Publications to produce the annual Visitor Guide that includes Clearwater and Clearwater Beach businesses. In 2010 and 2011, 50,000 copies were printed each year. The Visitor Guide is produced both in print and electronically. The print version is mailed to consumers, travel trade organizations and is handed out at the State Welcome Centers and Clearwater and Clearwater Beach Visitor Information Centers. Visitor Guides are inserted in appropriate group Welcome Packets to include the Outback Bowl, Jazz Holiday, Super Boat Races, Ironman, reunions, during travel writers familiarization tours and conferences. The electronic version is posted on visitclearwaterflorida.com. Request forms will be available on the website for consumers to request a Visitor Guide by mail. Telephone and email requests are accepted as well. Production of the guide includes selling of advertisement space, writing copy and verification of existing information, photography, development of graphic components and printing. The costs for the Visitor Guide includes advertisement sales, copy writing and proofreading, photography, graphic design, printing, electronic formatting, postage/shipping, fulfiliment company charge and envelopes. The personnel involved in producing the Visitor Guide are Heron Publishing's team, the CRCC staff, and City of Clearwater staff. Final editorial and graphic sign off is the responsibility of the CRCC. In 2011, the CRCC reports its accomplishments as: 1) increased internet views of the Visitor Guide on website; 2) dramatic increase in request for copies by mail and at the State of Florida Welcome Centers; 3) increased distribution to group meetings and conferences being held on Clearwater Beach; and 4) increased distribution through the major properties on Clearwater Beach. $26,000 has been budgeted in the Fiscal Year 2011-12 Economic Development and Housing Department operating budget (contractual services) to fund this agreement. Attached are the CRCCs Scope of Work and Costs Breakdown for Fiscal Year 2011-12. The term of the contract agreement is one year. Type: Other Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0010-09216-530300-552-000- 0000 Review Approval: 20ll to 2012 Amount 26,000 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment None 26,000 Cover Memo Item # 14 Attachment number 1 Page 1 of 6 AGREEMENT This Agreement is made and entered into this day of September 2011 between the City of Clearwater, hereinafter referred to as the City, and Clearwater Regional Chamber of Commerce, hereinafter referred to as the Agency. WHEREAS, the City desires to produce an official Visitor Guide for the City of Clearwater; and WHEREAS, the Agency entered into a three-year contract with Heron Publications in 2009 to produce the annual Visitor Guide on behalf of the City of Clearwater; and WHEREAS, two of the three Visitor Guides has been produced; NOW, THEREFORE, the parties agree as follows: ARTICLE I. TERM The term of this agreement shall be for a period of twelve months (12) commencing as of October 1, 2011, and continuing through September 30, 2012, (the Termination Date) unless earlier terminated under the terms of this agreement. This Agreement can be extended by the mutual written agreement of both parties. ARTICLE II. RESPONSIBILITIES OF THE AGENCY 1. Services to be Provided: The Agency shall provide the services described in Exhibit "A." 2. Area to be Served: Services rendered through this agreement shall be primarily for the area located within the limits of the City of Clearwater, Florida. 3. Payment of Fees and Taxes. The Agency shall obtain all required licenses at its own expense and shall pay all required taxes necessary to the Agency's operation. 4. Scheduled Reports of Agency Activities: The Agency shall furnish the City's Economic Development and Housing Director with a monthly report of activities conducted under the provisions of this agreement. Each report is to identify the activities conducted that month, and confirmation of the number of guides mailed to consumers, travel trades, State Welcome Centers, on-line requests and various group welcome packets. 5. Use and Disposition of Funds Received: Funds received by the Agency from the City shall be used to pay for the above services as further described in the Scope of Work (Exhibit "A"). Item # 14 Attachment number 1 Page 2 of 6 6. Creation, Use, and Maintenance of Financial Records: a) Creation of Records: Agency shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities of the Agency pertaining to this agreement. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representatives. b) Use of Records: Agency shall produce such reports and audits as required by the City to document the proper and prudent stewardship and use of the monies received through this agreement. c) Maintenance of Records: All records created hereby are to be retained and maintained for a period not less than two (2) years. 7. Nondiscrimination: Agency agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, martial status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider. 8. Liability and Indemnification: The Agency shall act as an independent contractor in the performance of this agreement. The Agency agrees to assume the risks of providing the services as provided for in this agreement. Each party to this agreement agrees to be fully responsible for its own real and personal property, and for its negligence, and the negligence of its employees, volunteers, and agents. 9. Insurance: Neither party to this agreement shall be responsible for providing any insurance coverage to the other party. Each party shall purchase and provide insurance coverage as it deems necessary to perform its contractual obligations under this agreement. Each party shall be responsible for defending a claim made against it by a third party. Should a claim be asserted against a party to this agreement, that party will be responsible for its own defense of the claim and it will notify the other party so the other party can take the action it deems necessary to protect its interests. ARTICLE III. RESPONSIBILITIES OF THE CITY 1. Funds. The City, for the FY 2011-2012 budget year, agrees to provide $26,000.00 to the Agency to assist in the project management, postage and shipping, and administrative & labor expenses to produce and distribute the Visitor Guide. 2. Payments: Invoices will be provided to the City of Clearwater, Economic Development and Housing Department, on a monthly basis requesting payment for: (a) percent of work completed on Project Management and Chamber Administrative & Labor, (b) prepayment for postage, and (c) actual costs to be reimbursed per line item as described in Exhibit B. Item # 14 Attachment number 1 Page 3 of 6 ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified, or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. ARTICLE V. TERMINATION 1. For Cause: Failure to adhere to any of the provisions of this agreement as determined by the City shall constitute cause for termination. This agreement may be terminated with 10 days written notice without any further obligation by City. 2. For Municipal Purpose: The City may terminate for any municipal purpose by giving 30 days written notice to Agency. 3. Disposition of Fund Monies: In the event of termination for any reason, monies made available to the Agency, but not expended in accordance with this agreement, shall be returned to the City. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions of this agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand-delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1. If to City, addressed to City Manager, City of Clearwater, P. O. Box 4748, Clearwater, Florida 33758-4748 or Economic Development and Housing Director, City of Clearwater, P. O. Box 4748, Clearwater, Florida 33758-4748. 2. If to Agency, addressed to, Bob Clifford, President/CEO, Clearwater Regional Chamber of Commerce, 401 Cleveland Street, Clearwater, Florida 33755. 3 Item # 14 Attachment number 1 Page 4 of 6 IN WITNESS WHEREOF, the parties have executed this agreement as of the date and year first written above. CLEARWATER REGIONAL CHAMBER OF COMMERCE (Agency) : Bob Clifford President/CEO Print Name: Secretary CITY OF CLEARWATER, FLORIDA (City) By: William B. Horne II City Manager Frank V. Hibbard Mayor ATTEST: Rosemarie Call, MPA, CMC City Clerk Approved as to form: Pam Akin City Attorney 4 Item # 14 Attachment number 1 Page 5 of 6 Exhibit A Scope of Work The Agency will produce the Official Clearwater Florida Visitor Guide. This includes writing copy and verifying existing information, new photography, graphic design and printing the guides. The Agency will collaborate with the City of Clearwater and its tourism partners in proofreading the draft of the Visitor Guide. The 2012 Visitor Guide will be available for distribution in December 2011. The Agency will oversee the Visitor Guide fulfillment. All requests received from various sources will be sent directly to the mailing house. The mailing house will prepare a monthly report indicating the number of leads by source, number of pieces mailed, postage amounts, etc. The Agency will send the Clearwater Beach Chamber a listing of prospects received from all non-chamber sources. • The Agency will also oversee the Visitor Guide distribution of 50,000 printed copies. The Agency will contract for and maintain the inventory of visitor guides at the I-75, I-10, and I-95 State Welcome Centers as well as the Clearwater Beach Visitor Information Center. • The Agency will provide the electronic version of the Visitor Guide to be placed on the visitclearwaterflorida.com website. It will also be made available to be placed on the Clearwater Regional Chamber of Commerce and Clearwater Beach Chamber websites. • The Agency will offer request forms on their website and will also provide the handling of telephone and email requests. • The Agency will update the accommodations listing of the Clearwater Beach and Clearwater mainland properties for the Official Visitor Guide. • The Agency will provide monthly reports of the activities accomplished above as well as the number of guides distributed. Item # 14 Exhibit B Estimated Cost Breakdown Production of Visitor Guide $ 0 Project Management (Creative writing, editing, proofing) $ 5,000 Postage/Shipping $ 8,050 State Welcome Center Racks $ 1,000 Fulfillment Company $ 6,750 Envelopes $ 700 Chamber Administrative & Labor (mailinq in house, etc) $ 4,500 TOTAL $26,000 Attachment number 1 Page 6 of 6 Item # 14 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/1/2011 Approve the extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one year until September 30, 2012 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Fire Protection Authority is a special district created for the purpose of providing fire protection services throughout the unincorporated areas of Pinellas County, pursuant to Chapter 73-600, Laws of Florida. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide fire protection services, which include: o Response of firefighting apparatus, units and personnel to the scene of a fire, life safety related emergency, man-made or natural disaster or public service request; o Command and control of the emergency scene, containment of any fire and mitigation of any hazards, including specialized rescue; o Investigation of any fire to determine the cause and original; o Inspection of commercial, industrial and multi-family dwellings for compliance with fire and life safety codes; and o Education of the public in fire prevention, life safety and disaster preparedness, in accordance with Section 413. In 1999, the Fire Protection Authority signed a 10-year agreement with the contract providers that expired on September 30, 2009. In Fiscal Year 2009/10 and Fiscal Year 2010/11, the Fire Protection Authority and the contract providers extended the contract for one year respectively, now ending September 30, 2011. In Fiscal Year 2011-2012, the Fire Protection Authority and the contract providers have agreed to extend the contract for another one year period ending September 30, 2012. Through this contract, Clearwater Fire and Rescue will provide fire protection services to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. The City of Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire Control District. co�er Memo Pinellas County Fire Protection Authority and the City of Clearwater agree that upon approval of th��e�t�n��n, all terms of the original agreement will remain in force and effect as if the original term of the contract extended to September 30, 2012. Pinellas County Fire Protection Authority will continue to compensate Clearwater Fire and Rescue for the fiscal year commencing October 1, 2011 under the same terms as the previous contract. Under that contract, 12.09% of the Clearwater Fire District was determined to be unincorporated Pinellas County for 2011. Therefore, the County reimbursed the City 12.09% of the net department budget or approximately $2.1 Million for fiscal year 2011. The reimbursement percentage can fluctuate year to year as property values within the fire district change. Review Approval: Cover Memo Item # 15 d � '��ia�� `�°� ��,��'St . � a.�,�1$��:��a'�a��r�s'�;��° � �: � e� �. �C io- fi r ��. r r3 �r'� a€� �� ? i �t,i' S� � E iis '�� a'c'�'�§� ��„ �'1 Yi2i t°.;� BPd;sT�� . d;i ?k �; l�tE<�6",a..7� `cti`4'� 't t iH,Se�S�. 5 E ��5,g:pt �t-a�. i.. . * � - �. � . ��w' ! � ' �� Attachment number 1 Page 1 of 2 s � � �r t / � ' �� r � rt r,� �'m "� � � ��st r� � ��`�� y�� f� . � � � ��a ar �� "' -.au�� m� '''� ,�r � fr �,,, � � � � f�` �� k:,' h � �... } i.=... �1 4� �- d�._'3 ��7��'% �. 7' � ,.:�`' l�t`�,f �'� P �� '` E,��1 � �.4��i�+Y,.. CrQ�r�� ^� � 3��`�" �si6,a � �.�. � .. ,� . ��R . *. . . �.a.. ,s, � *� � ��. i�" . � '. � . � r.. . ,�., ..� � . � w __ .� a � � . .�. N. � , - + . �� w' t. � ,�. . �� $ � ,. ! ` � �. AIF. .. .� .. . . � •r �.� � i � � i �". � ��: i . �_.9� . . � #��. v! ! ., # -:.; � ...: � M � . ,� � �� : � r . 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C"��t��.�c�� °;�� .t��c��° ��`�� .�� a��µ��T�t ��,�? t�� r-�.. �� t��°��; ��`�� -i�� 1��t�� T�� r��.�� f��r�� 3 ��.� ��,:� �f`�� ,i�� #��-�� t`�� :��r��`�� :°��;�a��:� �€� �� .�a `�t��.. I� ��iI�1��1�� `�.;��=� �� r�� y �r�� r��.�� t�� ci�r`�� ri�� `�i�.�� L�� c,� �� .�i�� : ��t�� c�� a�� µ � �� a�P�`I'�;��` €��w��.�� "��1%I ��' �� IJ��:, �;"I,3 �� F`��' ��`� ��;`I��f �� "T'��"�"�` ��y �� ,�� t�� s�` ��" : <.y�c�� ".�� s��°�; �� rl�,,. _--- �� _.� re�m.�u, �"��s��.�� 1�'�.��rc��='�t�-�� .,�� f, t��,�, �� t�� '��r�� t��-��v � t^°��t��a��; ?"��:�r-�:'�a� �� .��r��°�c� �� .�� ,: .��t �'it�� $�.��d��y. �,Crf.� �� _��'��`�.�'��, �_*�..��I�� ;� r �:�� 1��:��,��° Item # 15 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/1/2011 Approve a five (5) year agreement with both the Boys and Girls Clubs of the Suncoast, Inc. (BGC) and the Martin Luther King Jr. Neighborhood Family Center, Inc. (MLKNFC) and the City from October 1, 2011 to September 30, 2016 to provide recreational, educational and social programming for the North Greenwood Community at the North Greenwood Recreation and Aquatics Complex and North Greenwood Library and authorize the appropriate officials to execute same. (consent) SUMMARY: On November 16, 2010, the City Council approved changes to the Penny for Pinellas III project list including funding for the renovations to the North Greenwood Recreation and Aquatics Center (NGRAC) and North Greenwood Library (NGL) located on the SW and SE corners of Martin Luther King Jr. Avenue and Palmetto Street. On June 14, 2011, the City Council awarded a contract to Pillar Construction Group, LLC of Clermont, Florida, for renovations of the North Greenwood Recreation and Aquatics Center and North Greenwood Library. When completed, the renovations will allow for BGC and MLKNFC to offer programming at the NGRAC and NGL. BGC will have a variety of programs but their main programming effort will be with tweens and teens. MLKNFC offers more programming for the elementary age children as well as adult support programs. The agreements with each of these organizations are identical in scope and content with the exception of the type of programs and use of the facility by each group and the License fee for each group. Partnering with BGC and MLKNFC to provide the majority of active programming for the center will produce an overall net savings to the City of approximately $180,000; of that $100,000 is in new revenue from license fees and $80,000 is from operational savings to the general budget. City staff will be responsible for scheduling the building for partner agencies including the Library; handling all rentals in the building; operating and programming the aquatics center; maintaining both the Library and Center; handling day to day walk-in patrons who use the fitness center, gymnasium and pool. 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E � � i °F � 5 j � , � r � h � , � ` � _ � , , , � _� _. � ,, � _ , � __ � ,.., _. � _ � . _� � ,� - ` _ _ _ . . ... � i r. � _.. � _ _... � 1 U `"�r�: � �� i '"� -c,� '� I.... ; � � , . � . _.... - �� . iR� '�+� � _,_ � �� , .� �.i:1 �, � ..��i �1 I �� II �m !I � ii ?�� l I �� .. d _-�+ � �'-� i f t� r �a ..:..- �} ''ti r"' �y � ' � �"" '�� '�. � / � ' q �/ Y�, k i a%`'� ,��r� ... �� 7 � �r � . , „ ` 'I i �� -- -- � F . , . � a �;. "�,1 1 I � >_S , I � ``] i; ,�' '� �; � x� � ,;y' '; 1 I �,� ' . „'w ��„ •: � f� ' '��.�_�..� --- "' a `�`r-� .� .�__- - - - } �� -��. ��. � (� r �� , ^.� ^ .� ^-� r.� � _ i �� i i• r � � ��a� ��. , '�� I 4°jE� � �� City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/1/2011 Approve the Amendment to the Revocable License Agreement between the City of Clearwater, Florida and Sunsets at Pier 60 Society, Inc. (Sunsets) to establish a more clearly defined License Area and to strengthen and clarify language in regard to Sunsets being responsible for vendor and performer selection and authorize the appropriate officials to execute same. (consent) SUMMARY: Since March 2, 1995, Sunsets has operated a daily festival to promote tourism and arts on Clearwater Beach in an area known as Pier 60 and Pier 60 Park. The festival, weather permitting, is held daily from 2 hours before sunset to 2 hours after sunset. The Festival has experienced great success and Sunsets desires to use other areas, including a small portion of Beachwalk and the beach area adj acent to Pier 60. This amendment will provide for the establishment of revised boundaries in which Sunsets can operate their festival. In addition, language has been added to clarify that the City in no way has any responsibility for who is allowed to participate in the Festival, as that responsibility falls on Sunsets. Review Approval: Cover Memo Item # 17 Attachment number 1 Page 1 of 2 AMENDMENT TO REVOCABLE LICENSE AGREEMENT This Amendment To Revocable License Agreement is made and entered into on , 2011, between the City of Clearwater, whose address is: Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758-4748, hereinafter referred to as the City, and Sunsets at Pier 60 Society, Inc., d/b/a Sunsets at Pier 60 Day Festival, whose address is: P.O. Box 3595, Clearwater, FL, 33767, hereinafter referred to as Sunsets or the Agency (each individually referred to herein as "Party" and collectively as the "Parties"). WHEREAS, the Parties entered into that certain Revocable License Agreement on July 1, 2009, for the Agency to promote the arts and tourism in an area commonly known as Pier 60 and Pier 60 Park, Clearwater Beach, through its nightly festival ("Festival") known as "Sunsets at Pier 60": and WHEREAS, the City has invested in redevelopment of its beachfront area adjacent to the South of Pier 60 Park, commonly known as "Beachwalk"; and WHEREAS, the Festival has experienced great success and therefore, the Parties wish to expand the license area to include Beachwalk; and NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt of which are hereby acknowledged, the Parties agree to amend the Revocable License Agreement as follows. 1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. 2. Article I. Term, is hereby amended as follows. The heading "Article I. Term" shall be restated as "Article I. Term, License Area, and Exclusivity". In addition, paragraph 3 shall be added to Article I as follows. "3. License Area: Agency shall have exclusive use of the "License Area" as more particularly described in Exhibit "A" (attached hereto and incorporated herein) only for the purposes of conducting the Festival and only to the extent provided for in this Agreement. The Agency's exclusivity of the License Area is subject to the occupation by parties with which the City has entered into agreements to provide services and activities other than the Festival, including but not limited to; Emerald Coast Bungee, Inc and Tampa Bay Bounce, Inc. 3. Article II. Responsibilities of the Aqency is hereby amended as follows. Subparagraph 1(e) shall be added to state: "Sunsets at Pier 60, Inc. is an independent non- profit organization and for purposes of this License is an independent contractor. This agreement shall not be construed to create a partnership, joint venture or other legal relationship between the City and Sunsets. All parties/vendors/participants of the Festival, and all actions taken by the Sunsets Board of Trustees or Sunset's management related to such parties, shall be at Sunset's sole discretion in accordance with the law and the terms of this Agreement. Item # 17 Attachment number 1 Page 2 of 2 4. All other terms and conditions of the Revocable License Agreement are incorporated herein by reference and shall continue in full force and effect throughout the Term. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this , 2011. Countersigned: Frank V. Hibbard Mayor Approved as to form: Laura Lipowski Mahony Assistant City Attorney day of SUNSETS AT PIER 60 SOCIETY, INC. By: Steven Chandler, President CITY OF CLEARWATER, FLORIDA � William B. Horne, II City Manager Attest: Rosemarie Call City Clerk 2 Item # 17 � Clearwater � Prepa(ed by: Engincering DepartmeM Geog raphic Technolog y Division 100 S. Myrtle Ave, Clea(wata, FL 33756 Ph: (727)562-0750, Fax (727)526-0755 w.vw.MyCl earwater. can Sunsets at Pier 60 W E S Map Gen By: DGD Reviewed By: TM Date: O8/16/2011 Grid #: 310A S-T-R: 20-29s-16e e Sca1e N.T.S. Map Document (V:�GIS\Engineering\Location MapsWrborShoreline LOC Mapmxd) City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/1/2011 Approve a Third Amendment to the Agreement between the City and The Winning Inning, Inc., for the use and operation of the Jack Russell Memorial Stadium and Complex for an additional five (5) years from February 1, 2012 through January 31, 2017 and authorize the appropriate officials to execute same. (consent) SUMMARY: On December 18, 2003, the City Council approved a two-year agreement between the City and Winning Inning for the operation of a baseball school at Jack Russell Memorial Stadium and Complex. The relationship and agreement with Winning Inning has been extremely successful for the citizens of Clearwater as is evidenced by the fact that the original agreement was extended by six years to January 31, 2012. Staff is recommending that an additional five-year extension be awarded to Winning Inning. Under this agreement, The Winning Inning will continue to provide the following services: • Conducts camps, clinics, lessons, strength conditioning, rehab training, tournaments, leagues, etc. • Athletic field and grounds maintenance. • Provide all staff, materials and supplies, and operating expenses associated with the complex including but not limited to electricity, water, sewer, custodial, sanitation and minor building maintenance, and pay all required taxes necessary to the Agency's operation at the Complex. Under this agreement, the City provides the following: Maintenance for all major capital components of the building, including air conditioners, roof, plumbing, electrical, etc.; subject to available funding by the City. No other in-kind services, supplies, labor, equipment, or funding, whether on loan or for consumption, will be granted to the agency. This agreement may be terminated with 60 days notice by the City for any municipal purpose. This amendment also cleans up and updates some of the minor language in the original agreement, which was entered into in 2003. Review Approval: Cover Memo Item # 18 Attachment number 1 Page 1 of 2 , ' i Y � � � �° �, � . � � - � � � � - � _ ,- ,� � � ,� � � � . �, � _ _ �. . R ° . a - - � �e s : � ; �? �,� _� _ i► : �' ' " � • is _ � r �. �,° a s s� +� .M� � � '" � "'_ _� � � - r "` � :s : - " � �„ � , . �;: . ,� - +� . , ,� _ _ � �, � � r s . - _ � . . M • . � � � ��r � �, "" '"� • , � , _ � _ _ � � . � '�iti�F-��„ �� t� r��r�� d��ir� �� t�r�� r��r•s�� f�r a�c�� ti�arr�� 6�r� �� r� ��rs�� ,s��r�d�;d pC`�rrra"'t, �r��l 01�3��, ti�� r�� S��r� �� 6��i�� rt�ir� ��rr�� -r� ��r�c�'i��c�r�� f �� r��t, �r��i�s�i�� b�� r��s� lir��i �t� t�� r�r�t �� t'�� l��r��y �� d�� tc� �� r�� ati�i�� t�� i�:y ��`��rt�.. �1 � : � � . � . � . ,� _.; � � � �.� � .. ��•� �» � . �� -�� - r +� t� �� "` s� � �r - �^+� r�r � . � � i � �, � a �r �, .- � . �. ,� > � . � � � : � �, "' ,. �, • ; • � ,� �.: a� ; �w �� - - * � . �. �r�� f I�-kirrc� ��rri��. ,��i�� i�, ��biliti�� t�r� ��ty. l��r�gr��t� `��e�, 6� ��d�� r��: . ,� �. � " �. ,� � � +� � � � , _ � �. � � � ,�� -� �� ,� � _ _ ,� r: Item # 18 � � � �. � � � �, � �: � �` � Y � � .. ��"�C'�ii �. �9��°� � ��`��` ��S��e�� rr� ��r� ��e��e�� F�s�r�y ��t�r�� ty �t��ar�r�� i� i�1�3��9�$ ��C�1��, �t��, r , � � , � � �' [ � 1�` � �� {�,.�'" .,.-... � r . , ��r�t�� F��II�r��, t��r�� ,�... Attachment number 1 Page 2 of 2 � ��. _, � � �d�,�� R��E�� °i��"��, �� 8�� 6��'� ':KK, . , . S= , ��. y . , . ..... i ��y ��, i�� r��i�i�� Item # 18 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/1/2011 Approve an Interlocal Agreement in the amount of $145,796.57 with the Community Redevelopment Agency (CRA), authorize continuation of two full-time equivalent positions to provide Community Police Officers for the East Gateway area of the CRA, and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 29, 2011, the CRA approved the attached Interlocal Agreement to provide Tax Increment Funding (TIF) funding to the City of Clearwater in the amount of $145,796.57 to provide two (2) Community Police officers to the CRA area of the East Gateway. The term of this Interlocal Agreement will be October 1, 2011 through September 30, 2012. The TIF funds paid to the City of Clearwater by the CRA will be done pursuant to Section 163.361(1), Florida Statutes, and will be used to provide a more visible community policing presence within the East Gateway neighborhood. This is the fourth year of the Agreement between the CRA and the City. As a result of the officers deployed under the 2008/09 Agreement, conditions have substantially improved in the East Gateway area. Both residents and businesses have enthusiastically embraced the program; however, it is recommended that the program continue as justified by the ongoing activity in the area that negatively impacts the quality of life. T�pe: Other Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: to Review Approval: Budget Adjustment: Annual Operating Cost: Total Cost: None Cover Memo Item # 19 Attachment number 1 Page 1 of 6 INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into this day of , 2011 by and between the Community Redevelopment Agency of the City of Clearwater, Florida (CRA), a redevelopment agency established pursuant to law, and the City of Clearwater (CITY), a municipal corporation of the State of Florida. WHEREAS, this Agreement is made and entered between the parties pursuant to Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, Section 163.361(1) of the Florida Statutes allows for the use of Tax Increment Funding (TIF) funds for community policing innovations in Community Redevelopment Areas; and WHEREAS, the CRA has established a Five Year Plan that contains an East Gateway Character District Strategy, which includes the element to "provide a more visible community policing presence within the East Gateway neighborhood"; and WHEREAS, the CRA has ascertained that the East Gateway area continues to experience a critical need for an enhanced community policing presence in order to specifically reduce drug dealing, prostitution, and street crimes in the target area; and WHEREAS, the CRA and the CITY entered into an Interlocal Agreement during the Fiscal Year 2008/2009 in order to provide for the CRA's financial contribution to an additional community policing presence by the CITY in the East Gateway area above and beyond the current activity levels; and WHEREAS, the CRA has funded two police officers for Fiscal Year 2010/2011 and wants to continue the use of TIF funds to fund the program; and WHEREAS, the CRA and the CITY want to enter into another Interlocal Agreement during the Fiscal Year 2011/2012, outlining the scope of services and responsibilities of the parties. NOW THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be realized by the parties hereto, the CRA and the CITY agree as follows: Section 1. Term. The term of this Interlocal Agreement will be October 1, 2011 through September 30, 2012. Item # 19 Attachment number 1 Page 2 of 6 Section 2. Intent. It is the intent of the parties that the TIF funds paid to the CITY by the CRA pursuant to Section 163.361(1), Florida Statutes, be used to provide a more visible community policing presence within the East Gateway neighborhood. Section 3. Responsibilities of the CRA Function: A. Provide TIF funding in the total amount of $145,796.57 for the contract year, said funds to be utilized by the Clearwater Police Department (CPD) to provide the community policing presence, to be allocated in the following manner: B. $144,032.57 to pay for the salaries, and benefits for two (2) police officers for the contract year. Exhibit "A," Position Enhancement Fact Sheet, attached hereto and incorporated by reference, contains detailed specifications on salary and benefits. C. $1,764, the estimated fuel cost for the contract year for a police vehicle used by the two (2) police officers within the East Gateway Area. Section 4. Responsibilities of the CITY Scope of Duties. The services that the CITY will provide will be carried out the CPD. These services are: A) Implementation of a Law Enforcement Strategy in the East Gateway area as follows: Goal: Reduce drug dealing, prostitution, and street crimes. 1. Objective 1: from the area Tasks: Remove identified dealers and career criminals a) Identify the drug dealers and gang members in the area b) Gather intelligence information utilizing undercover techniques and surveillance equipment. c) Develop confidential informants to assist in furthering criminal investigations of the "worst of the worst" offenders. Outcome Measures: 2 Item # 19 Attachment number 1 Page 3 of 6 a) Develop two (2) confidential informants in the target area. b) File criminal charges against 100% of identified drug dealers in the target area. c) Complete FIR's/Reports on 100% of suspected gang members in the target area. 2. Objective 2: Reduce incidence of prostitution and solicitations by "Johns" in the target area. Tasks: a) Conduct reverse prostitution "stings" utilizing police officers as decoys. b) Utilize directed patrol to discourage prostitutes and "Johns" from frequenting the area. c) Impound vehicles of "Johns) who are arrested for soliciting prostitutes or police decoys in the area. d) Coordinate with the City's Community Response Team to enhance code enforcement in the target area relative to properties that are in disrepair and negatively impact the quality of life in the East Gateway. Outcome measures: a) Conduct minimum of three (3) reverse sting operations annually. b) Conduct quarterly inspections in conjunction with Community Response Team of properties that are in disrepair and negatively impact the quality of life in the East Gateway. 3. Objective 3: Reduce crimes committed by and against homeless individuals in the target area. Tasks: a) Utilize directed patrol in areas known to be frequented by homeless individuals. b) Enforce statutes and ordinances against public drinking, public urination, loitering, etc.) Outcome Measures: a) 100% of violations of criminal law or ordinances will result in arrest, citation, warning, or referral to the appropriate social services agency over a five-year period. b) 100% of trespass violations will result in trespass warnings within the East Gateway area over a five- year period. 3 Item # 19 Attachment number 1 Page 4 of 6 B) In order to carry out the Law Enforcement Strategy above, the CPD will provide the following: 1. Two (2) fully equipped police officers to provide law enforcement services to the target area defined as the East Gateway for a minimum of 40 hours per week. 2. Specific duties, activities, and responsibilities: a) The officers will be assigned to a Community Policing Team with geographical responsibility for the East Gateway. b) The Team assignment will always ensure coverage by two (2) officers. c) Schedules of the officers will vary based on the determination of the CRA, CITY and Police management to best serve the residents and business owners in the East Gateway area. d) Officers will patrol by both vehicles and bicycles. e) A report of police activities and statistical information will be provided to the CRA on a scheduled basis. f) The officers selected will be experienced, current member of the CPD. 3. An existing, fully-equipped Crown Victoria Police Car. C) All CRA funds pursuant to this agreement will be kept in the CPD's departmental account. D) No charges to the CRA account will be made for activities or hours worked by the two (2) officers outside the CRA area or for equipment used outside the CRA area. E) Other administrative duties as mutually agreed. Section 5. Notice. Sixty (60) days notice by either party to the other pursuant to the Interlocal Agreement shall be given in writing and hand- delivered or mailed as follows: Chairperson, Board of Trustees Community Redevelopment Agency 112 South Osceola Avenue Clearwater, Florida 33756 City of Clearwater Attn: Rod Irwin, Asst City Mgr. for Econ. Development 112 South Osceola Avenue Clearwater, Florida 33756 Telephone: (727) 562-4040 4 Item # 19 Attachment number 1 Page 5 of 6 Section 6. Entire Aqreement. This document embodies the whole Agreement of the parties. There are no promises, terms, conditions or allegations other than those contained herein. This Agreement shall be binding on the parties, their successors, assigns and legal representatives. Section 7. Indemnification. The CRA and the CITY agree to be fully responsible for their own acts of negligence, or their respective agents' acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence only to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to nor shall it be construed as a waiver of any immunity from or limitation from liability that the CRA and the CITY are entitled to under the doctrine of sovereign immunity (Section 768.28, Florida Statutes). Nothing herein shall be construed as consent by the CRA or the CITY to be sued by third parties in any manner arising out of this Agreement. Section 8. Maintenance of Effort. The expenditures authorized by this Agreement are solely and exclusively to increase community policing activity and resources. The City agrees that no diminishment of existing police efforts in the East Gateway will occur as a result of this agreement. Section 9. Filinq Effective Date. As required by Section 163.01(11), Florida Statutes, the Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County after execution by the parties, and shall take effect upon the date of filing. IN WITNESS WHEREOF, the parties hereto, or their law representatives, have executed this agreement as the date first above written. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA : Frank Hibbard, Chairperson ATTEST: : Rosemarie Call, City Clerk 5 Item # 19 Countersigned: Frank V. Hibbard Mayor Approved as to form: Pamela K. Akin City Attorney Attachment number 1 Page 6 of 6 CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: Rosemarie Call City Clerk � Item # 19 EXHIBIT "A" Position Enhancement Fact Sheet Police Department - CRA Funded Officers For FY 2011/12 Base Salary Pension (24.7%) Social Security (1.45%) Major Medical (employee only) Life Insurance Workers Compensation Fuel 1 Officer Step 4 51,480.78 12,715.75 746.47 5,472.36 10.00 1,590.92 72,016.28 2 Officers Step 4 102,961.56 25,431.51 1,492.94 10,944.72 20.00 3,181.84 144,032.57 1,764.00 TOTAL 145,796.57 Attachment number 2 Page 1 of 1 8/1 0/201 1 3:25 PM Item # 19 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/1/2011 Approve the renewal of a Software Support Agreement for the TriTech System, in the amount of $159,189.12, for a 12-month period, beginning October l, 2011 and ending September 30, 2012. (consent) SUMMARY: The TriTech System has been operational since October 2007; the final sign-off and payment closing out the project was disbursed in March 2009. The Council previously approved a ten-month TriTech Software Support Agreement, which will expire September 30, 2011. The TriTech System provides an integrated CADS, mobile, and AVL environment, and downloading of data to the report management system (ACISS). Prior to the TriTech System, each of these functions required separate software support and hardware agreements. Funding for renewal of the 12-month Software Support Agreement, in the amount of $159,189.12 is budgeted in Fiscal Year 2011 /2012 Police Department operating budget 0010-01162-530300-521-000- 0000. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $159,189.12 Not to Exceed: For Fiscal Year: 2011 to 2012 Appropriation Code Amount 01162-530300 $159,189.12 Bid Required?: Other Bid / Contract: Review Approval: No Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Bid Number: Bid Exceptions: None $159,189.12 None Cover Memo Item # 20 ____'_„v`�-�� SOFTW,4(=-tF SYSTE7ViS �u�ust 3, 2t311 Clea�-ta�ater �'ol�ce I�e}��rtm�nt fett��. 1Vl�jor I�'�ark `i'eun�s Clt�� oi Clearwa�er b45 �'ic�r�e �i. Clearwaxer, ��<. 3375�i Attachment number 1 Page 1 of 4 �.��t�w�� f ��f`t��-� S�ppc��°� A��°��r��i Ttlis l�tter is t�n izr�porta�lt notice t� r�new yot.tr So%ware Sr�ppori Ag��eernel7t for yot.tr TriTech Systei7t, rvf�icl�r wi[E expire on �epte�nber 30, 2t)l 1. "1'herenewal c�f�(�e Saftware Suppo��t ��eement tiviil aitaw y�u to contzn«� to iake advantage aFt�re sofCware s�zpport and rrxainienance services pr6vided by `I�riTech �c�ft�.vare �ysterns ant� alloru you ta receive upgrades ta your TriTech System. Please �;omplet� and sign tl�is Support Kerrewal Agreenlent arid returrr ii to Tri'I'ecl� �l�ng wigh y��u• pa�yme�i� to assure uzxinterr�apfec� saf�ware suppart and maintezlanee set-vices cc�verage. Aetion on this �upport i�enew�l Agreement is time seclsitive; ser��ices ta supp�rt your system will nat be �z-ovided if you hav� noi paid Gc�ur Suppart �enewal F'ee by tt�e Expiration da�e of your So$c�,�are Sup�o�t�t Agreement. '�"r°i'T�a:�� St�p��esr� S�a-�ice� I�e�t��al A�s°�etn�r�� Ar�e�tc�r��r�� Cliertt agrees to renew its �c�ftware Suppot-t Agreement, the terms af� whicll are incc�rpara�ed by re%rence herein as thou�h set fc�rth ui fu11, and according to i(te �erms and conditions inclucied herein_ Ex�ept as modifiec! herein, �II other ferms anci conditions of tlle Sof�w�re Suppart Agreement sha�f remaiT� in fu[1 force and efitect. VVith respeat �a the ca��t�nt herein, in the event of any conflict bet-ween tl�is �oftwa�� upport [Lenewal 1-��reement Arnendnler�t and il�e Software Suppe�rt l�greement, the terms ofthis Sc�ffi��e St.�ppari £Zenewal r��ree��ent Amendme��t shail controi. �`his ��p�ori 12eQres��i r��r�etne�t endtn��t ��d �p�Slic�bl� sr�p��o�i �`e� ��a�� t�� ig�ed, p�itl �nd �-�turr�e�i t�y Oet4ber 1, �Ol I to a�r�id a�v intert��pt�c�ns ir� tl�e saflw�re sup��rt �nd marntenance services pravid�d l�y TriTec;h. Payment af � 159, i f39.12 fc�r this perioc� is due �ctober 1, 201 I. �or��i��€° I'r�ic� I��l�� ca��l�r►t For suppc�rt rcne�vais that go int� effeet wiihin c�lendar year 201 l, the st�ppc�ri renew�l fee l�as bee�7 rr�crea��ed by the cons�mer price �ndex {�Pl� rate of 3.6°l0. Note: �scraw, ESIZI �tnd Tele�t[as 1�ees are calculaied separatelp anc� adt3ed io your ��n�a1 su�part f`ee. I'�y�� I�or yc�t�r conve�vence, we (�ave er�closed ar� invoice for the fiill arnaunt of tl�e Tri"I'ech Suppo�`t services Renewal F�es c�vering 12 tnonih period, beginnin� �c�ober 1, 2011 - Se�tember 30, 2�12. �f yot� rzave atzy questians, p1��e eor��acf C�ian� Sliwiel�i or your Client Ac.count �Iariager at &Sf�-799-70t70. 986J iJl�st�i Rim Ra7d San t�ie�a, t;/� 9Z121 858.7fl9.7�00 6AX: 85H.798.7Qi G Item # 20 -_� �� SOi.'.i�`�VARc .^.�YESTENL= �I�' ��: �lear�ra�er �olice D�p�rtment �ity c�f Clear�nr�ter k�. C}. Brsx A 748 C9e�rv+r�ier �L 33i5� 1 � e� �emi� Ta Address: � rii�ecl� �c�f�ware �yster�� .C3. �ox 203��3 � �l(�s, T� 7532C1-3226 r��¢naz isauu to�o nrt<) ro rir con�rnwiora asun nu�u-wtex��m>e. F„ � ' . y.. . `.°'S � �� ;� � . � ent number 1 _ ��a��of 4 D�Tc _ i _ _. _ ' - ��u�-� - ' ��ilp �C1: � C Clearwater P�Eic� Departm�nt �iiy af Cle�rwaYer P.C7. �ax 4i48 �[e�rw�ter FL 337�8 �usfomer �upport - 1{�I1111-9130I12 j Ea ;_� �� G'l ��' `� €.-�� i� ` �� ; r %ilKTF� IN U.S.A. # 1 . . . �ubtc�t�l Tax �reigi�7� `T�t�! _._..�_�__..__..._ � � � � �llauil�� 'Y'lle Sl��ort Renewal �,greerr�erzt foa• Tt•iTech Support Services is based u�on the folIowing "I'riTecli Software iicenses: Praiuct Name Attachment number 1 Page 3 of 4 � �� # of CasC per T'otat � Suppart "I'errrr z° i.ieenses I._�icense LieenseCost 10/T11 1 -9/3011 2 PrimKjry-Server SWisMuhi [a] 1 30,0(x? 00 _ 3(1,000.00 �_ _� __�� _._ __ __.� ___ p_ ��_ �_ S WL 15 1U,U()0 00 150 000.00 Dis at�i�cr/Ca11 TtJcer Laer._._. __ ._...__..,. �. -___. _ �_ . _ �__ �_. ._._ . . __.._ Supervisor User Su�L 2 5,�00 00 IQ,000.00 ------..�.�_ _._. _.. __�_�_ _ �____ __�_ �.. .�� _ QA('I'r.�inin� ��,rver S�%L I 10,000 QO 10,000.00 --- --.�-.__ _._. _ ------ _ - --- - _ _ _.__ ._._ Site ]..icense For TRU, Command Van Qra Training Site License ] 12,UOQ.00 12,OOO.QO 7 --_. __�._..----___,._�__.___J..�r_____-- __ J._-------_�..__..- -------- Hot-StancIby Server SWL l 10,000.0�1 IO,Q00.00 - -- ___ -- --...._ ... ..___.�.. _ . __-- -- - --- ---.. _ _. _.._ _ .. _,..___ _ 1�isiNExl3row5ei•SiCeLicense 1 25,OOO.QO 25,0�0.04 DataArohiveSer��erlicense- -`-� .�` �T_^ - tll i$,SOO.flO 185U0.0{) __.__-----..------- ---------------_ .___...___._._________,_._ -�_'_ _____�_ �____.__u>__.,. EventPlay�ackivlodule 1 7,�00_00 7,500.(}0 - _ __ _ _. __ .�_ _ ..__ ____ _.. �_: , � .. N(.IClNC1C Qt�� Use�• Lecense l? S00 (?0 8 500 00 SOi'Module - .________..V ..�.___..__,_.�.� �_�__. _�-_7,SQO.t70 .'_ 7>5�0.00 - _ - - _. _ __ _ _ _ . . -___ t�uickesf Path T7nit Iteconunendation Module �� 7 25,IX�.00 25,0�0.0{> _ __- Ce;��iile Cross TZc;ference _ _ _ ...._ _ ...._ ___ � _ __ ._ _ _._-- 2,5()O.Od 2,500.40 _. _ _ _ _ _____ _ __ _ _ _ -- Snapshoth4odule 1 2,5{)().(70 _. 2,500.00 _ _ _ _ ___ __ _..-. _ _ _ __ __ _ _ _ _ __.. ULSl,ink Utility Lieense 1 IS,t)O().d0 15,000.00 _ _ _ _ - --. ANI/All lntertz�cc C,icense _ I 9,IX?0.00 9,Q00.00 --. _ - - . _ __ _ _ _ __ -- Master"I'iming Soiz�x:eLiterfice 1 0.00 0.00 _. _ _ _.._ ___.. NC:I(;lFClCint�rface - � 1 50,Q00.00 50,004.00 _-- _ _. _. __.___ _ _ _ _._ _ - --- __ _ Connection f��e (I�?CICII'CiC,I:IvIS, PCO Computor,DAVID,Coplink 2 7,50p.(}0 IS,OOO.Qt) _. . _- - -- - _.. __ _ _ - _ __ ____ CAll2CAll'C'All2AVLtnterface l 35,000.60 35,000.00 -.�____ ___--._ _.._ .�. ...------ - -- --__ _.___._T.-----_____._ Intei�ace Mana�erlacense I S,OQU.4Q S,Q00.00 - __..- -__ __ ..------------- ---_ ___ __ ....... __ .---...-��. V�isrNet Mubile 5erver I 55,000 00 55,400.00 — ��_ . �.�._. _._-----._.________ _� � ------ - _.__.__. .._._____ __,______ U�siNet Mobile Mappmg Server 1 S,UOQ.00 5,000.00 - ---- -- .- --.�_._ . . . __._...__.�--- -.w____�..__ ___..�..____._ . �__. ___._ V�isiNet Mobile to CAD IuCerf�ce 1 O.dO 0.0(} _._.�_____�______________. _____._�__._.._...._...,_.__________________�_____. :.___��__.�_...__w__.____.__ VisiNetMob�le }3ase C,'lient l.iceuse 210 50Q00 105,000.00 _._ ...____� � � _._.. ___.. _._ .� __-- --- .--.___----__ �__ _________�_ .� VisiNet M�bile AVLZScense with mapping 2I0 300.00 63,000.00 -_ ____.__- ------.__.--- - -_.___ _ _ .. _ _ .__ _ __..__ .. _ _ _ ___ . - -----_ ___ ___ _ hlessage Sw�tchlNC[C Interfa; e Iaeense 1 O.OQ 0.(� -- _____ . ---------------- --_�..- ,.--_._.. _ . _ -__-_ _.__...�._ _ CustamMobil.,[;nhat�cemen�(XMLAutoina�icDownioadHeader 1 5,250.00 ..,250.Ot? _._ _ _._._.. . _._____. ____._.__.__---.---- ----A__. _ _ _. _ - --- _ ----._ V'ssiNctComrt�and AVLand �lctivity Log I'targing Modute ,_ �_ �b] -_-1 ,_ 2,50�.00 2,500.0(? 1,7?A.17 2,315.21 2,31521 2,778.25 2,315.21 4,2R3.14 _. _ ____. ! z?36.�11_ ____ _. _ 1,967.93 1,736.41 ___ . __ 5,788.03 57$.80 S7$.&0 _ _..._ _ 3,472.82 _ _____ 2,083.G9 ___ _ _0.00). ___ _,. 1 ] „S7G.Q6 _ 3,472.82 _ .. __ g,10324 �_ __-1,157.bt -- - 12,733.Gfi � � 1,157.61 _.____ _ ___ . �.O(3 .._.,.... . _,_____ 24,3U9.72 14,5$5.83 -- _ O.t}(i ---- 1,21S.�t) _ _ � 427-35. ___�_ __._ .._�.___ ._ , __..�__ _� _._ �_..._ __ __._- ; _ _�"IotalSu��EwrtRen�w�alFee. 158,i�1.i2 _ . __ __ _ _._ _ _-- _._ . . . ...._ . FSRI �`ees 288.IX} _.._. _.�. � _. _ ,__.._. _ r�_»________ k.----- __.._� r�cmw Fec,:; 750.t)0 __ _ _ _ __ _ _.__._..._ _-i_.. ___ � � ToCai AdiustadS�pnort R�nerv�al Pe�: ��— 159,I$9.12 NO"1'IS: � _._ __ �.. = - - - ----- - -___ ,--..... ; ��SRT l�ees I7 User Licenses aC $16.00 each �� — -� ------ � _. ._ _ � _ _. _. . . _. _ _ - - -� - - __ �_.._. -- _ �� ESRI kies 1 C,[SUnI. � �16 (Aeach � � ;[a]C:ost on this Servers/b 30,00O.00vs 3000.00Clearwaterhas be�n ; ' ��;-"-" -_ �. �.�_ ___ ,_ ___. paying support on :he 3kA�Yh�unt, this year will be paying on tlie I ! 34K - - -- _ --.. _. _ _ . . _ _ . _ ' - -- _ _ --_ _- -- --- --- ___- _ __ __, . �.,_ . [b I Support paid I!i/13 IZJ3UI1 proiated 9 month� �[i�'ii�:3�•t1] �c��.�-��r� � �� __ dr� �� S� afure_�__ Ma�or Mark Teunis �'r�nt�d Name -----�vY.' Support Services �c�mmander "i�cie . . � � l� L��ate Attachment number 1 Page 4 of 4 �r�z.��l��;c:H sc��aarzr ��. �:�� .�p� � (��-�<_i(�`P yr �� lake Clark C�`� �[i�'ii�:3�•t1] City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/1/2011 Award a contract (Purchase Order) to Angeld s Recycled Materials in the amount of $430,000 for the disposal of solid waste at their site for the period October l, 2011 through September 30, 2012 as provided in the Clearwater Code of Ordinances, Section 2.561 and authorize the appropriate officials to execute the same. (consent) SUMMARY: The Solid Waste Department coliects bulk trash and construction and demolition debris from both commercial and residential customers. This trash and debris (which excludes anything that could putrefy or produce leachate that poses a health or environmental threat) is transported by city coliection vehicles to the contractor's state-permitted disposal facility. During the summer of 2009, the Purchasing Department advertised a request for bids for the disposai services described above. Angelo's Recycled Materials was awarded a contract by purchase order for Fiscal Year 2009/10. Angeid s Recycled Materials has provided the city with a letter stating that they would hold their pricing at the current level for the twelve-month period of October l, 2011 through September 30, 2012. This is the second renewal of an annual contract with the same terms and conditions of the original contract. The Solid Waste Department recommends approval of this item. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code $380,000.00 Est. for FY 2011 FY 2012 to Amount 0-424-02082-543500-534-000 $150,500.00 0-424-02089-543500-534-000 $279,500.00 Bid Required?: Other Bid / Contract: Yes Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Dump Fee Account Dump Fee Account Bid Number: Bid Exceptions: None 430,000.00 2nd Renewal of BID 25/09 None Cover Memo Review Approval: Item # 21 ��. � �� '� �� , �� ,.� �@�. �� r ��`�� `�� m� �� .9 �� "€�44' �,�I`� l�.�d��wR��:t" ��'�ac�i ��a°wn�ti� �:?E� �,-�9��"� ��l.I� '"��,�fik1 ��;ry�,t��,"'� �..,�4�Li"L'�'4'l.l�,C � i. ��`+��1:'+ .x'�tt,7; .��;��w� I�i;:C��,�;�� 1�.�� l�l��l��a� C'�!ic��.�� ;�;.,�l�� 3'f��l��.�c��:� Attachment number 1 Page 1 of 1 ��"3° c��° 4�ifi1`k'�::d`�US"?R�1`�, 14,'�: �11�� :?i��",�°ti�i1��', !�'��° �.'E�i1Cl`bla�i. �;),'rl �.� f�li.3l�C�G`; ..� �1��: i€a��C.y"t;�, 16��._, ��!'1�;wh4. (,�&3� W€;'11t3�e3�:G t� €�� „¢�t f�r,,'°i��'s �.#��=<'9�761 `t� , ;'�� C�:'r �E".��t':�11��1" w^+P�€€�5 —��,?�;�e 1.�i11�>��"i.�sm.�6�.ai� `� �.��:'C�li:i��EsM"i#1 '�^,�—a �y�, �'t �ii`c� "4i�k i-,��.` �?� � t"tl�s°I �_� '.4)�..I �,. �a1;s:� � � � ��4��:�:;?�" "a:i n �� `."sl€1��"�`'i ;` _ �, � „w .. �. �.. � �r_ �4� " v� �.�--- ,p�9' °-t ! }. �g f�pp{ q A�d��R��iq�p�ie . $ �3n�Wl5fl¢e€e€�� City Council Agenda Council Chambers - City Hall Meeting Date:9/1/2011 SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) to Pinellas County Solid Waste for an operating expenditure of $4,000,000 for the disposal of solid waste at the Pineilas County waste-to-energy plant/landfill, October l, 2011 through September 30, 2012, as provided in the city's Code of Ordinances, Section 2.564 (1) (d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute the same. (consent) SUMMARY: Pineilas County operates the only waste-to-energy plant and landfill in the county. The Solid Waste Department recommends approval of this item and requests that the purchase order time period run from October l, 2011 through October 31, 2012 to allow time for processing the September 2012 invoices. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0-424-02082-543500-534- 000 0-424-02083-543500-534- 000 0-424-02089-543500-534- 000 Review Approval: $3,600,000.00 Est. for FY2011 FY 2012 to Amount $1,720,000.00 $1,640,000.00 $640,000.00 Annual Operating Cost: Total Cost: Appropriation Comment Dump Fee Account Dump Fee Account Dump Fee Account None $4,000,000.00 Cover Memo Item # 22 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/1/2011 Approve the conveyance of a Distribution Easement to Progress Energy (PE) granting appropriate authority to PE for the purpose of providing electrical service to the Ed Wright production well that will provide raw water for the new brackish reverse osmosis water treatment plant at Water Treatment Plant 2 and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater currently operates one Reverse Osmosis (RO) Water Treatment Plant at 1657 Palmetto Street (WTP 1), and is preparing to build a second RO plant located at 21133 N. US Hwy 19 (WTP 2) within the City of Clearwater. As part of the Reservoir 2 Brackish Water RO Plant Project (06-0055-UT) completed in July 2009, a test production well was installed at the City's Ed Wright Park to determine the possible water quality and quantity from the well. As part of the RO 2 Plant Permitting and Development Project (10-0039-UT) that is currently in design, the Ed Wright test production well is being utilized for pilot testing of the membrane for the design of the new RO plant. The City of Clearwater Public Utilities Department will own, operate and maintain the production well. Review Approval: Cover Memo Item # 23 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessee�� assigns ("GRANTOR"), in consideration of the mutuat benefits, covenants and conditions herein contained, does hereby grant and convey to FLORIDA POWER CORPORATION doing business as PROGRESS ENERGY FLORIDA, INC., a Florida corporation ("GRANTEE"), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors, lessees, licensees, transferees, permittees, apportionees, and assigns, an easement to install, operate and maintain in perpetuiry, such facilities as may be necessary or desirable for providing electric energy and service and communication systems, whether to or on behalf of telecommunication providers or other customers by GRANTEE or others, said faciliries being located in the following described "Easement Area" within GRANTOR'S premises in Pinellas Counry, to wit See Legal I�eser�piit�� a th� �eet� p�ayirag �xhibit "A» at�eh�d hereto and incorporated herein by this reference. Tax Parcel Number : 22/29/15/00000/230/0100 The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, atter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, atteration, replacement, relocation or removal as a result of GRANTEE's safe and efficient instatlation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantiry and rype of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physicat objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient instatlation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to trim or remove any timber adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient instatlation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (� all other rights and privileges reasonably necessary or convenient for GRANTEE's safe and efficient installation, operarion and maintenance of said faciliries and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shatl be placed so as to atlow ready access to GRANTEE's facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If GRANTOR's future orderly development of the premises is in physical conflict with GRANTEE's facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR's premises, provided that prior to the relocation of said facilities (a) GRANTOR shatl pay to GRANTEE the full actuat cost of the relocation as incurred by GRANTEE, and (b) GRANTOR shatl execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shatl be considered cancelled as to the portion vacated by such relocation. This legat description was provided by GRANTOR. ED WRIGHT PARK This documentprepared by R. Alexander Glenn 1300 S. MARTIN LUTI IER 3300 Exchange Place I�ING, CLEARWATER, FL. Iake Maiv. Florida 3274fi N � N � n N y � � � ro � � � � � b z � t� t" � � n y �C 0 � n C" C�7 � � � � y � � n � � � � � w � N � O C z y �c G� � z y O � b � O � � n y GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement Area in GRANTOR's premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or properry, resulting from the negligent or wrongful act or omission related to GRANTEE's facilities by GRANTOR or by GRANTOR's agents or employees. Nothing contained herein, however, shatl be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any parry hereto. In addition, nothing contained herein shall be co�� number 1 consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a fi�v��b� sovereign immumry. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and atl losses, claims or damages incurred by GRANTOR arising directly from GRANTEE's negligence or failure to exercise reasonable care in the construction, reconstruction, operation or maintenance of GRANTEE's facilities located on the above described easement GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authoriry to grant and convey this easement to GRANTEE, and (c) that GRANTEE shatl have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its officiat corporate seat to be hereunto affixed and attested this day of . 20ll. Countersigned: : Frank V. Hibbard, Mayor GRANTOR: CITY OF CLEARWATER, FLORIDA William B. Horne, II, Ciry Manager Attest: Rosemarie Catl, Ciry Clerk Grantor Mailing Address: Ciry Manager P. O. Box 4748 Clearwater, Florida 33758-4748 STATE OF FLORIDA . \ : ss COUNTY OF PINELLAS: BEFORE ME, the undersigned, personatly appeared Frank V. Hibbard, the Mayor of the Ciry of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personatly known to me. WITNESS my hand and official seal this day of Notary Public Frint/Type Name 2010. My commission expires: STATE OF FLORIDA . : ss COUNTY OF PINELLAS: BEFORE ME, the undersigned, personatly appeared William B. Horne, II, the Ciry Manager of the Ciry of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personatly known to me. Attachment number 1 Page 3 of 3 WITNESS my hand and official seal this day of My commission expires: Notary Public Frint/rype name Approved as to form: Laura Mahony, Assistant Ciry Attorney 2010. s ; � � � � � � � � � � � � '� � �� '�� k � � � � � e k � � � � ; ��,�,,�,,�,,,,,,�,,�.�,,.,,�� W �M.� � f �,,, �,��,, � � ,��,,,,��,,,�� PINELLAS ST Q �� '� � v � ; �°�� „�,�� m,, � � � ��.� � �� m�,� � � � � �� ' � � � Q � � � s s � � p ; � � �� k ' � �� % £ � �� a � ��„ � �, � � ; ; s �� ,, ��,�,�� y ` .��,,m��,,��m�� , � � ��„r� � � �� °".' � � � � `£ � � ' � � � � � � � � <£ g � � ' e »�.�,��m�.,�„�,, �,� � ��,�,,� �m„„ � � ��,��,,��s�,, TUSKAWILLA ST �""� Attachment number 2 PINELLAS ST �� ,,� � ..� �„� ��,,,� � � ,�,�,A,,, � � TUSKAWILLA DR � � � � � � '� � � s � � m� SUBJECT ' � _ ��,�� I ��,�� _ � � �� ` � � � � EASEMENT � � � � � �� ( � � � � � � �� s � � � � � � £ $ � � `s 1 '� i . i4 . � i � �� ,�� ' � � �� k � £ ��x,,� ��, �,�� ,� DEMPSEY ST �� .��.��m�� :, � � Q � � � z Y � W � � J Z,��.,�,,. Q � g � � � LAKEVIEW RD � Q Q G� O � ,�„ � � �„ � � f � � � s, i g E , a�.. �..�»��,,.�.,,,,,.,»,}�„,,.,�.,,,,,,, � � � � �� ; � �� ,,� s �.. � � � Q z 0 c� z 'x � � � SOUTH ST � �� m � � � ,� �� I� � � �,� � ` � LL �eqend �,,,:ClearwaterServiceArea N � Clearwater Ed Wright Park � Parcel Boundary � Progress Energy C� Bldg Footprint W E Preparedby: EaSement � Waterbodies EngineeringDepartment OUISICJO CLWTR Clty I�fT11tS �tem # 2� Geographic Technoiogy Division 700 S. Myrtie Ave, Ciearwater, PL 33756 Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By: BJR Reviewed By: CL Date: 8/9/2011 Grid #: 306A S-T-R: 22-29s-15e Scale: N.T.S. www.MyCiearwater.com LAKEVIEW ROAD S89°10'26"E s th � w 17. 04' N54°53'02"E 176.37' N35°06'58"W 10.00' LEGAL DESCRIPTION: EXHIBIT "A" S54°53'02"W 190.16' Point of Beginning Point of Commencement N89°10'26"W 130.77' ED WRIGHT PARK O.R. BOOK 1546 PAGE 521 A 10' Progress energy Co. utility easement described as follows: Attachment number 3 Page 1 of 1 I NORTH Sca/e 1 " = 50' is is not a surve 3 W � Q � � z � � w _ � � J z � � Q � Commence at the Northeast corner of land described in O.R. Book 1546, Page 521, Public Records of Pinellas County, FL also being at the intersection of the south right—of—way line of Lakeview road and the west right—of—way line of Martin Luther King Jr. Avenue; thence run N89°10'26"W along the North boundary line of said land and the South right—of—way line of said Lakeview Road a distance of 130.77 feet to a point of beginning; thence S54°53'02"W a distance of 190.16 feet; thence N35°06'58"W a distance of 10 feet; thence N54°53'02" a distance of 176.37 feet, to a point on the south right—of—way line of Lakeview Road; thence S89°10'26"E along the North boundary line of said land and the South right—of—way line of said Lakeview Road a distance of 17.04 feet to the point of beginning. B.J.R. T.L.M. DAIE 6/21 /2011 CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT LEGAL AND SKETCH DNG NMIE 2011021 PROGRESS ENERGY EASEMENT sHCEr ED WRIGHT PARK � oF t SECT-7WSV-RNG - . _ - - 22/29/15 City Council Agenda Council Chambers - City Hall Meeting Date:9/1/2011 SUBJECT / RECOMMENDATION: Approve a Legal Services Agreement (annual extension) between the City of Clearwater and Baker and Hostetler LLP, to serve as legal counsel on Environmental issues in the amount of $50,000 and authorize the appropriate officiais to execute same. (consent) SUMMARY: Environmental Engineering has engaged Baker and Hostetler LLP to serve as legal counsel for addressing environmental contamination at Joe DiMaggio Sports Complex, Brighthouse Netwarks Field, Sherwood Yard Facility and other sites as necessary. This is for the purpose of satisfying FDEP (Florida Department of Environmental Protection) regulations and ultimately achieves regulatory closure of these sites. Sufficient budget is available in Capital Improvement Program (CIP) projects 0315-94803, Environmental Assessment and Cleanup in the amount of $16,887 and 0315-96158, Sherwood Yard in the amount of $33,113 for total funding in the amount of $50,000. T�pe: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: See summary Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-94803-561000-539-000- 0000 0315-96158-561000-539-000- 0000 Review Approval: $50,000.00 $50,000.00 2010 to 2011 Amount $16,887.00 $33,113.0 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment See summary See summary No $50,000.00 Cover Memo Item # 24 Attachment number 1 Page 1 of 3 LEGAL SERVICES AGREEMENT ("AGREEMENT") THIS AGREEMENT is entered into as of this lst day of July, 2011, by and between the CITY OF CLEARWATER, P.O. Box 4748, Clearwater, Florida 33758-4748 (the "City"), and the law firm of BAKER & HOSTETLER LLP, SunTrust Center, Suite 2300, 200 South Orange Avenue, Orlando, Florida 32801 ("Counsel"). WITNESSETH: WHEREAS, the City wishes to retain Counsel to serve as legal counsel on certain environmental issues; NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto hereby agree as follows: SECTION 1. AUTHORIZATION TO PROCEED AS COLTNSEL. Counsel is hereby authorized to provide services as described in this Agreement and for the professional fees described in this Agreement. SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its professional services to the City of Clearwater for the purpose of addressing the environmental contamination at the Joe DiMaggio Sports Complex site, the Brighthouse Networks Field, the Sherwood Yard facility and other sites as necessary ("Sites"). Counsel's professional services will include coordinating with the City and the Flarida Department of Environmental Protection for the remediation and ultimate closure of the Sites, engaging outside consultants, as otherwise approved by the City, and other actions reasonably necessary to comply with the laws and regulations applicable to, as well as the other legal obligations of, the City with respect to remediating these Sites. SECTION 3. TERM. The term of this Agreement shall be for one year, beginning on July 1, 201 l, and shall expire on June 30, 2012 ("Term"). SECTION 4. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to a rate of $345.00 per hour far attorney services for William L. Pence and other partners, and to a rate of $240.00 per hour for additional attorney services of Lyndie M. James. Professional fees for services shall not exceed $50,000.00 for the Term of this Agreement. SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses shall be made by the City to Counsel for reasonable out-of-pocket expenses as determined by the City Attorney without markup, including but not limited to long distance calls and facsimiles, copying or reproducing documents, postage, court costs, parking costs and travel incurred by Counsel in performance of its duties hereunder. Travel and per diem costs as well as auto travel expenses shall not exceed that which is a�ailable to City employees. SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel represents that it has expertise in the area of environmental issues and is competent to perform the duties required by this Agreement. Counsel agrees to protect, defend, indemnify and hold the City and its officers, io3aso34i Item # 24 Attachment number 1 Page 2 of 3 employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of Counsel, its employees, agents and subcontractors in connection with or arising directly or indirectly out of this Agreement and/or the performance hereo£ Without limiting its liability under this Agreement, Counsel shall procure and maintain during the life of this Agreement professional liability insurance in an amount of $1,000,000. This provision shall survive the termination of this Agreement. SECTION 7. CONFLICT OF INTEREST. It is understood by City and Counsel that Counsel is not aware of any of Counsel's clients that currently present any conflict between the interests of the City and other clients of Counsel. If any potential conflict of interest arises during the time Counsel is representing the City, Counsel will promptly inform the City. The City is under no obligation to agree to authorize the conflict representation. SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. This Agreement may be amended only by a writing duly entered into by the City and Counsel. SECTION 9. CANCELLATION OF AGREEMENT. The City may cancel or terminate this Agreement upon ten days advance written notice to Counsel. In the event of cancellation, Counsel shall immediately cease work hereunder and shall be reimbursed for eligible and documented reimbursable expenses incurred prior to the date of cancellation. Further, it is understood and agreed between the City and Counsel that William L. Pence will be the lead attorney assigned by Counsel to provide the services contained herein. The City, in its absolute discretion, may immediately terminate this Agreement upon written notice to Counsel if the services of this attorney are unavailable to the City. IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of the date first written above. Approved as to form: Pamela K. Akin City Attorney CITY OF CLEARWATER, FLORIDA : William B. Horne, II City Manager Attest: Cynthia E. Goudeau City Clerk iosaso3ai 2 Item # 24 Attachment number 1 Page 3 of 3 BAKER & HOSTETLER LLP . . � � r , � �/� E '/�- �� ,�%��- y� � William L. Pence CP: Environmental General Miscellaneous iosaaosai 3 Item # 24 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/1/2011 Award a construction contract to Gibbs and Register, Inc. of Winter Garden, Florida for the Gulf to Bay Boulevard/Highiand Avenue Improvements Project (08-0051-EN) in the amount of $340,265.20, which is the lowest responsibie bid received in accordance with the plans and specifications, and authorize the appropriate officials to execute same. (consent) SUMMARY: Nine general contractors purchased plans and specifications for the project, all nine met the specific prequalification requirements for this project and two submitted bids. The bids ranged from the low bid of $340,265.20 to the high bid of $401,710.43. Generally, the bids appear to be responsive for this type of project at this time. Construction will start following award of contract, shop drawing review, and mobilization (September 2011). Construction is anticipated to take up to one hundred and eighty days. The proposed mast arm signals for the intersection will be installed by a signal contractor under a separate contract, through Traffic Operations. Upon completion the landscape, irrigation and site furnishing will be maintained by Parks and Recreation, and the sidewalks and roadway improvements will be maintained by Public Service. The conceptual plans were presented and are supported by both the East Gateway Business and Neighbors Association and the East Gateway Stakeholders Advisory Group. The City's Engineering Department developed the Construction Documents for the project. Sufficient budget is available in Capital Improvement Program project 0315-92270, Gulf to Bay Boulevard and Highland Improvements to fund the construction contract. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: See summary Current Year Cost: Not to Exceed: For Fiscal Year: $340,265.20 $340,265.20 2010 to 2011 Budget Adjustment: Annual Operating Cost: Total Cost: No $340,265.20 Cover Memo Appropriation Code Amount Appropriation Comment Item # 25 0315-92270-563700-541-000- $340,265.20 See summary 1111 Bid Required?: Other Bid / Contract: Review Approval: Yes Bid Number: Bid Exceptions: 08-0051-EN None Cover Memo Item # 25 i; / 1 i ! �" CONTRACT BOND STATE OF FLORIDA COUNT�' OF PINELLAS Attachment number 1 Page 1 of 18 KNOW ALL MEN BY THESE PRESENTS: That we GIBBS & REGISTER, INC. Contractor and WESTERN SURETY COMPANY (Surety) whose home address is P. O. BOX 5077, SIOUX FALLS, SD 57117 HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: THREE HUNDRED FOURTY THOUSAND TWO HUNDRED SIXTY-FIVE DOLLARS AND TWENTY CENTS ($340,265.20) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the_ , day of , 201 l, entered into between the Contractor and the City of Clearwater for: GULF TO BAY/HIGHLAND AVENUE IMPROVEMENTS PROJECT GATEWAY 08-0051-EN a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF TI3IS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from a11 costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Coritractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such wark, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Page 1 Item # 25 Attachment number 1 Page 2 of 18 CONTRACT BOND �2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sutn which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be perfor�ned thereunder or the specifications accompanying the same shall in any way affect its obligations on this band, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of , 2011 ATTEST: WITNESS: COUNTERSIGNED: GIBBS & REGISTER, INC. CONTRACTOR : SURETY C ATTORNEY-IN-FACT Page 2 Item # 25 Attachment number 1 Page 3 of 18 /�► ��-�- This CONTRACT made and entered into this day of , 2011 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and GIBBS & REGISTER, INC. of the City of WINTER GARDEN, County of ORANUE and State of FLORIDA hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: GULF TO BAY/HIGHLAND AVENUE IMPROVEMENTS PROJECT GATEWAY (08-0051- EN) THREE HUNDRED FOURTY THOUSAND TWO HUNDRED SIXTY-FIVE DOLLARS AND TWENTY CENTS ($340,265.20). In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION 'VVHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOI2'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGI�EES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR 4R THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. Page 3 Item # 25 Attachment number 1 Page 4 of 18 CONTRACT (2) In addition to the foregoing provisions; the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractar further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions andlor worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed b�tween the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the Ciiy may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per dav for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per d� shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety ar sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Pa�e 4 Item # 25 Attachment number 1 Page 5 of 18 CONTRACT �3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: William B. Horne, II City Manager Countersigned: I� Frank Hibbard, Mayor-Councilmember (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). (Seal) Attest: Rosemarie Call City Clerk Approved as to form Camilo Soto Assistant City Attorney (Contractor) By= (SEAL� Page 5 Item # 25 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF _ COUNTY OF Attachment number 1 Page 6 of 18 On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, , who after being duly sworn, deposes and says: That he is the (TITLE) of GIBBS & REGISTER INC. a Florida Corporation, with its principal place of business located at 232 S. DILLARD STREET, WINTER GARDEN, FLOI2IDA 34787 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of 20�, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of: GULF TO BAY/�IIGHLAND AVENUE IMPROVEMENTS PROJECT GATEWAY (08-0051-EN) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described properly. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me This day of , 20 NOTARY PUBLIC My Commission Expires: GIBBS & REGISTER, INC. AFFIANT BY: PRE�IDENT Page 6 Item # 25 Attachment number 1 Page 7 of 18 �.�. � � ��$�()��i��_'��.; �3l:$,�,�,[} 2��4i. SSS [f�� 5.�15�i� il�.. �� .t�v213�.. � l:ii �Yfo � � .7:��1�. ��V.itGAI�2 .�.�a > � >• 1ti. .�, :'°�.�._.: a TA � �'��`*�:. �� ..��`:'� � �ey i :•� 1E;. °t;y "„ ..,.,.i,: .;'��i'��: a � ��.:;+� �•�� . . ._. ., ,� ,:� Gibbs & ReQister, Inc ......._.. .. . _ __ � '� �}'' �. Western Surety Company .............._ _.._.. c.�._..,_._.........r....... 4;� �v.. .. b, t�i S�S,.' � t.i4,i.,:,. 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", ;� 28th � '� �1€�:''>fi`� i�"�f. ;z;:'4� €�.3. ��a'3T5� t� ��,. I�:;,� . ;1'..d<<:.i:,- �� L' )::I r i..;' Y :�f•'2 <'-p �y�'-�.F" �f} 7�;tfi�..;.ia.`�.iit. A r.'i. �2:�ti...'��f,j.. �..lit. Iz :.1�, �`,�5�' i.i.�t�iF`iL�4,1i.�.ij i.✓}b{„° 1`ii:t'�;6.s:3 �.Jz'1"i�l"w `��';:{iz. .1F1..(i.�:i i;iti�x �'�'f;�1�i A�, � - �as,� �?i{a 3 C?i�aca �,, ...c:a:�'.., 1�1; >�� Jsi;l�+. �-_l:'� �"�i': ti '-i:-. ;£ii`: �.'? t:y;T'i � rrg Y._::, i?i .. ti 3'�t"z:t3i+�-3> 3xi;.ti=tY ;?Y' tv.3�i'E�;i'!'i',.. .'::i"4£'.�� [l:i;; :;1:t"''?t:51"1``x�'. z �i,' 323T3+� {i�:` 6:.7j��'�'.'7S':'::�:ii1. ��,.,.:r;`, ...., .�e , ul ,, i _ y .� �_. ..... �_ . ,_�� Corporation Gibbs & Register, Inc. ____ _._ ... .......... ... ._. _ __. `�t'i':ii'?::;�f � ti' � ...... .... .............._..... ........... ___ r ' � Theodore Ferguson President Western Surety Company �-°°" .. _. .._ _....... _ . Benjamin H. French � Attorney-In-Fact & Fla Resic�ent Agent , �. ...<F' Item # 25 Attachment number 1 Page 8 of 18 s � '� � � / POWER OF ATT�RNEY APPOINT.ING INDN[DiIAL ATTQRNEY-IN-FACT ICnow• Ail hfen By These Presents, Tlaat W6STE[2N SURETY CUI��SPA:�IY, a South Dakota. corporation, is a du(}� nrganized ani! existing uirp+>rutiun h��ing its grincipal oll'ice in tfie City of Sioux Falls. and State of Sooth Dakota, and thai it docs by virtue of the sienaturc and seai herein affised hereby make, constitute and appc»nc �3enjamin H French, Paul A Locaseio, Sherec ��V Lewis, Individually of Gainesvitte, FL, its tnte and (aa�fui Attome}�(s)-in-Fact �rith fuil pawer and authorily hereby confarred to sign, seal anci execute for and an its 6ehalf bonds, undertak'vigs and other ohligato�� instruments of similar nature - In Unlimited Amaunts - and ro bind it thereby as fu1ly.:u�d io the same extent as if such instruments w�ere signed by a dulp autEiorizcd oti7ecr of thc corporation and sii thc acts of said Attorney; pursuant to thc authorit}• hereb}• given, are hereby ratitied and confirmcd. C[�is Yo�ti�er of Attorney is made and executed pur.suaru to and Uy authority of'thc By-La�= printed on dic nvcrsc hercof, duly adopted, as indicated, lap Lhe sharehulders ofthe corporatiou. ln Witness �Vhercof, V4'ASTF,RN SLIRETY CO\QPAIJY has caused 4iesz presents to 6e signed by its Senior Vice Ptesident 2nd its corporatc sc21 to bC liereto ai�ixed on fliis 8th day of Octnber. 20(i9. �� ?r ""',� �o. 3� 4��po��'4^#D � *� Sf A''^lPi' �TIt D�� State of Souffi Dakota � ss Countv of h5innehaha �VESTERN SURETY COMPANY Paul . Bniflat, Senior Vice President Un this $Ut day oF October, 2009, befi>re me persunally came Paul T. Brutlat, to m� kno�i�n who, being by me duly swom, did depose and say: that he resides in tlic Ciry of Sioux Falls, State nf South D�ilcotx; ihat he is t}te Senit�r Vice Presidenl of �VESTERN Si7RET'Y CC)MPANY described in and w�hieh cxccutcd thc above instrumeni; that he knows the seal of said corporxtion; that the seal affixed to the said instrument is sueh corparate seaL; ihat it was so afiixed pursnazit to authorin givcn by thc Board of Dircctors af said corporatian and that he si�ncd his namc thcrcto pursuant to likc autl►oritr, and acknuwledges same in he the act and deed of said corporation. M�� commission expires SSSti«yb�sbbbb4b4444�4�e4�shh S � D. KRELL j November 30, 2012 i 5 AE � NOTARY PllBLIC s�� r SOU71i DAKpTA s �4h4hhhh444ShYh4�rbb��+4bY �' L�.1Crel1, No ary Ptihlio CL?K'CIFI(:4'CP: 1, I.. Nelson, Assistant Secretary af l�`FSTF.RN SURF;"1'Y C0�4PANY do herehy certifq that the Power of Attarneq hereinabar•e set forth is stitl in force, and further certify that the }3y-Lativ of the corporarian printed nn the reverse hereof is stilt in force. In testimonv whereof t hai•e hereunto subseribed my name and affixed the seal oPlhe said wr�oralion Ihis 28th day af T�Y >�Q 11 x' fS��f ''�S � ""r�o =��t pt`P �'9'qT� a� �w�4 t�ja� :Z � ksE Ay ! ►f r s��p,�Tl1 OP��v '^uMU�� I�oan 1�42k4-09-06 �%ESTERN SURETY �:O�vIT��Tt� +j►—' "`-. ` � — L. Netson; �assisEsret Secretuy Item # 25 Attachment number 1 Page 9 of 18 :�`�.�� ' �.�.�:>�.�'..�>_�, ;,; �..'� ��. ��x� zt Ig' ::illi� �'3e.0 lxi� �:� .I �. €3�' i;1E�t�o�`E' t;� il 1::t1:'j�t?: ? kt;.�l i �,Xc\.r''4.��d:'. A�fl` �'.�_<b_��''��_X.�,^�. � i�.'��.>;�,.��' �.�.�.�' Orange � ..,.....Heather G. t�linters !-��;g°i �� z �,zt �=M , z,� � ,,� _. _ .. .. ............._. ` �.a � .......... ... . ............ .> � . ..... • , ' :. ., ................ ..... ' , ._......___. . . . .: ._a a :U. \: E :�� • a.? . si., , �_ :s3�. � : ;i, i;� �a��.;`€::;�if'�:' �>� ,Gibbs & Register Inc . `......_....._.. _...._ .................. _.._ �i �'i:i'��, 1"�ifti�tt t? Y<::t2�c.�a'c.lil£.� �:�.t:;�e1.2* t:;i.�.��€ i;a_ i�r ,1, �tic, e�} i , a ��:� S. ( .. i�:�: .::.�.i$� t � .,� n. :��c3�:�,: t�: � �i�l ?' ;z t` �� t �;: ��..i �,i��.�.?4:��.��%z�.i. �.�i,i_�a.�� i:F.i. ' ... 232 South Dillard Street, Winter Garden Orange Florida _...._ ......... ....... ....._.............__ ...._ ............... _ ..,_......._.__._......_.. ..... . .,.... _ _....... _.. _. _ . .. .............____...,_......._.. ._...... 3�� ..__....___..._......_.._. y� �a{�;.. .°Zg. a:f`:`� a�, :�.��:'??5:�� Y.+ -_- - e �.i: 4 -�ii.e . 5i,��iE�.i?� iLl!'.�3�':° :� ti'�: ��i�� y�> l'� i:T�la��32.€:' t,,.:? f�ib` :ita.tla'��ti, i`4i�?'s,�y �,>%? ''� `�tii� �'!�` �.��';r i€,. , �.s.: . a�.., < i:: Gibbs & Register Inc. � _.........__........,.._........._.........__.__ ............._..__.._.._..........................._.........__.._..__....... . ' _.. __._..(....,.._,.__._........._............_...__._ ..................._._.. ;., . ,. . , _..._............_ ....................._..__....._._....... � Z�v«i3'I� t?� �.:C`�:t'�?;),�<:t�::ti?�;s '�.ztz<��1� ��t't}�.;�:t° �„��;� ;��,:��: Theodore Ferguson j�; President ___....._.___...._.__ ............._ _..._........_,`....._._..._.............._..__.. .__........__.......... _... . ... ............. .......... .._......._. t��i€3.��1 �'s�.eY� �, � # 2 rie£ t t?� ��€:: �''i3�'�?i?I'(.€1t<�%'t> i� a.�4.i.�s` i:ii��:i?r� .c Ci� l''i� �.?I1 ��'kt �e1'€�i3t:�;�I.I� �i}: Gibbs & Register, IriC . ....._...._ ..........................................................._..._..............__._.._.._.._......_........_.__... �:i�z �>:3.ii��:c�-€'�tc?�';:�.ti.�?�� i��t��.;r,� a Resolution of the Board of Directors _..._.._._..__........_..........._..__........_..._.._.._.,_._ ...................._.._... ... _,_..._........_ ..__.._....._..._ . _ ;'�1c{1i. �t:�3�;e:�1€::�' �? �?1��.��'I'�`t�33 i3# ��a�, 5.1,�� t,3t ;�3 ��t:;;i?=�.€ ,311 s?[ };is:' ��?<��'ii t>�• ..._date.d on November 29, 2010 ��t �.��:i�.�;;� It.:� �� :'t? gt�€�:�>� ��i��: i:��t�. ?t:�c� �sC:i�}��a> ....,....._..__ ............. _........._....._..._....._........ '. . � � � _ _, . .._..._...._........._ _ _ _ ....,__.. .,,.`.�._.__ .............._....................._..... . . f i�i<:at1i: -. i ,. . �}��{��'T.E Y€� �.}i:�.�;)��:' .�?�.��' ��z:�:3 28th i.�E�&.�'� i% ��%` . - � ...._ ................_._Ju l.�'.._......._.........._,.._...,._._.._� . � ) 11 , _....._.. _....._ ................_........__.............._................._........_.__............,_._.__..... �:Ciiiii°t' 3`a�i�?i.l:i, NOTARY PUBLIC-STATE OF FLORII?A Laurie A. Hedrick I�� Commission # EE0�830� •� Expires: �Y 31, 2015 BONDID TFRU ATLA,1*fIC SO"tDLYG CO., INC. Laurie A. Hedrick _„__.......,_,.,_ ....................................._._...,,_.._... � ��;': j?:t°?t?ti�'��.ta>� rt�t?3.c' d��'_�:�3t�li'� EE0088305 { _..._.._.,,_....,_........_ .................._.......i....._..__.._..._......._.......... �.E ��i.A: ��.1 ��+:ai.�.>7..; ie.iii.3 i�,.'ii'�i��:�2. .��.... �..� i:��:. `�e::?:<:�'�'.ti:: _ 4 }>:: i`t . .,. . ..:j i ?. 3 �� Item # 25 .��.�."�.,.'�.��..�...�'��'�i .:�,.�`.�`��,��r��.�.� �.�.<`�>�..I�: f)T` I`"�w��.I��:1 ��.��`.�`'�' �.�� .�.,.Orange.._...�._ , ... .... . .. .....__...:� Theodore Ferguson President Attachment number 1 Page 10 of 18 >, t� if � , � ��:>1i -��.c�� 1�:t,��,z .�,�:�� <;�:� � 1 � • F N ��. Fi:+:: t:i <<;' Gibbs & Register, Inc . _ ..................... ___._..._.... __ F 1�:'� �"ii:P`i:e" T�€2a`f��'1'r � �t � 3�s��`v� i}ti w; ��t�� }€}� �,E i I i�` � d[ �;, � ` � ` ,{ • � IL k,fi ?�c'c�; . `�i. � �aF��: 3� s1��3 ��,ST� i.�t� �� h>�i�C� i.>,°;� :i,T:i�:��., �� t31 ;,'3�� ?'s�.��F�. t< �1��1 t�_I`c �v�l.'?�>� It��.�.'�.':'�.�3�i` �> �zt €?>.��G�.`�;�aao �Izl.,;€a:i �� €�i.:� ;�>:>>.?�iC�.� iz��A�� -aii:3 t1�'� i1��:�I` r.;ti�x�s..f t}t� I�'€ ��al��a i::C�i?t>:':�:G: t.:li;tt �:�I.ib:�. �ti;c.t€��' ,.F�� lil?' €.�z1.it:{F '�.. �;31<;:�r�},�'�'€� �.t$t.�i?.*�,i�., t>:i � 1:�::Lt�, t�ax�(:�:�tr F�P: i2€€��F�:�:i.�S t�si`�.:i IT12 �;r,.��C?'� C�3 �?i;`��s3ti �;;i �t�.. r� j ' � : 2 .. , ' . � i.x... � )Itl�;i �� <€.t. \i�i:i. xii��a �,�'C.:'�Y.�i '�A��.�1 F�.°xi<��a� � CxaTl z�=€,�i�1,JatT t��la:s, �i��i .:?{3i. 3'.. �I'l0 i 3:ix°fz� I. 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I � .s. �:t:?a k �,i�:: >s � : .., � „ . `i�i ., �"�;i Ctem"# 25 Attachment number 1 Page 15 of 18 BIDDER'S PROPOSAL (REVISED 7122/11) PROJECT: GULF TO �AY& HIGHLAND AVENUE (GATEWAY) 08-0051-UT BID ITEMS EST UNIT TOTAL QTY UNIT PRICE 1000 ADMINISTRATION 1001 MOBILIZATION 1 I.S �a oc� Q' $ �o ov� - c� 1002 MOT 1 LS � 3, SGo �= $ � S w - c", 1003 PROJECT SIGNS 2 E� -- $ - 1004 ERnSION AND SEDIMENT CONTROL 1 LS �r� -- $ �C� -� 1005 TEMPORARY BUSINESS IDENTIFICATION SIGNS 5 EA �— $ � j� -� TOTAL ADMINISTRATION $ -7 �-f St� -cr� 2000 DEMOLITION 2001 ASPHALT MILLING 4,398 SY � $ � �- 2002 REMOVAL OF ASPHALT & BASE 1,085 SY �- $ �- 2003 REMOVAL OF CONCRET� CURB 227 LF °$ t� -' 2004 REMOVAL OF CONCRETE WALK 235 SY �„ ° $ �,� -� EXCAVATION & REPLACEMENT OF MATERIAL FROM �a 2005 PLANTING AREAS 488 CY � $ ��{� - 2006 REMOVAL OF UNSUITABLE MATERIAL 20 CY � $ ��- TOTAL DEMOLITION $ 1 �Z - 3000 PAVING 3001 ASPHALT, SURFACE COURSE, TYPE S-3, 1" 4,398 SY �- -- $ °� !� TOTAL PAVING $ - 4000 PAVEMENT MARKINGS 4001 6° WHITE PAINT LANE LINE 1,403 LF $ �- 4002 6" YELLOW PAINT BDG� LINE 842 LF -- $ �. -� 4003 6" DOUBLE YELL�W PAINT CENTER LINE 182 LF $ �,�-� - 4004 12" WHITE PAINTED CROSSWALK 383 LF Z,. — $ �(� -�(} 4005 24" WHITE PAINT STOP BAR 72 LF „� °- $ �,$� -C7 4006 FDOT STANDARD ARROWS (PAINT) 12 EA °$ G�, -O� TOTAL PAVEMENT MARKINGS $ � -� 5000 HARDSCAPE 5001 HISTORIC PII,LAR 1 EA � -m° $ jZ, � - 5002 ENTRY COLUMNS 2 EA c{ �� —$ �� - 5003 24" WIDE CONCRETE FLUSI� CURB AT CROSSWALKS 20 LF �- $ - 5004 CONCRETE CURB, FDOT TYPE D 1,457 LF j �-- $ �,(� �,� - SQOS 6° CONCRETE SIDEWALK 147 SY �- $ � ��- 5006 PAVER, TYPE V-3, INCLUDING 8° CONC. BASE 58 SY ��y $ j �� - 5007 CONCRETE H�IVDICAP RAMP INCLUDING DETECTABLE WARNING MAT 11 EA '� �$ ,� t TOTAL HARDSCAPE $ � - 6000 LANDSCAPE & IRRIGATION 6001 BOARDWALK LIVE OAK- 15' HT., 3" CAL. 5 EA ��CS «�- $ (j - 6002 LAVENDER CRAPE MYRTLE- 12' HT., MIN. 3 STEM 8 EA -�-- $ p� - 6003 PERENNIAL PEANUT- 1 GAL. 1,344 EA m-- $ '�Z.C� 6004 BLUEBERRY FLAX LILY, 3 GAL. 172 E�1 �? $ � -�'j 6005 COONTIE -'7 GAL 116 EA ,� $ r(�� - 6006 ASIATIC JASMINE 850 SF $ �{ (� �- 6007 MULCH- MINI PINE BARK NUGGETS 200 CY �m--- $ - 6008 IRRIGATION 1 LS ��(� $ Q - TOTAL LANDSCAPE & IRRIGATION $ - 7000 ELECTRICAL & LIGHTING 7002 CONDUIT 2" HAND TRENCHED 1,240 LF $ ��.. - 7003 CONDUIT 2" DIRECTIONAL BORE 300 LF �-- $ � OC� -b Item # 25 7004 CONDUIT 1" HAND TRENCHED 240 LF °� � 7005 IN-GROUND J-BOX 2-i ��' � � TOTAL ELECTRICAL & LIGHTING � SUB-TOTAL 1001-7005 $ 10% CONTINGENCY $ TOTAL CONSTRUCTION COST ITEMS 1001-7005 PLUS 10% CONTINGENCY $ pAy ALTERNATE BID ITEM #: INTERSECTION SIGNALIZATION UNIT QTY UNIT PRICE 0101 1 MOBILIZATION 1 LS °��i �b °$ 0102 1 MAINTENANCE OF TRAFFIC 1 LS � -$ 0110 1 1 CLEARING & GRUBBING 1 LS $ 0110 4 REMOVAL OF EXISTING CONCRETE PAVEMENT 8 SY $ 0522 1 SIDEWALK CONCRETE, 4" THICK 16 SY �� $ 0570 1 2 PERFORMANCE TURF, SOD 14 SY f��',.. °- $ DIRECTIONAL BORE (F&I) (ITNDERGROUND) (LESS a,,,, 555-1-1 THAN 6" ) 147 LF i $ DIRECTIONAL BORE (F&I) (UNDERGROUND) (6" TO � 555-1-2 <12") 380 LF �� $ 630-1-11 CONDUIT (F&I) (ABOVEGROUND) 25 LF °- $ , 630-1-12 CONDUIT (F&I) (UNDERGROUND) 487 LF (� �- $ 632-7-1 SIGNAL CABLE (F&I) 1 PI (� �`�.� `- $ INTERCONNCET CABLE (F&I) (25 PAIR) �� 632-8-212 (UNDERGROUND) 300 LF � � � 635-1-11 PULL BOX (F&I) 17 EA �. �. °- $ 635-1-15 PULL BOX (F&I) (FIBER OPTIC) 1 EA � �-- $ 635-1-40 PULL BOX (RELOCATE) 1 LF Z.. °- $ 639-1-22 ELECTRICAL POWER SERVICE (UNDERGROUND) 1 AS �' �- $ 639-2-1 ELECTRICAL SERVICE WIRE 465 LF �, °-- $ PRESTRESSED CONCRETE POLE (F&I) (TYPE P-II - c� 641-2-12 SERVICE POLE) 1 EA �� $ MAST ARM ASSEMBLY (F&I) (130MPH) (SINGLE ARM 649-31-20 W/O LUM) (70.5) 1 EA �� !� !$ 649-31-99 MAST ARM ASSEMBLY (F&I) (CUSTOM) 2 EA �`-I�C� $ 650-51-31 TRAF�'IC SIGNAL (F&I) 3 SECT-1 WAY) (LED) 14 AS �-( �°- $ PEDESTRIAN SIGNAL (F&� (LED - COUNTDOWN) (1 �y 653-191 WAY) 10 AS �'S � � � SIGNAL HEAD AUXILIARIES (F&I) (BACKPLATES-3 � 659-101 SECT) 14 EA � � � � $ 659-106 SIGNAL HEAD AUXILIARIES (F&I) (TUNNEL VISOR) 42 �A � 0r $ SIGNAL HEAD AUXILIARIES (F&I) (ALUMINUM �3 659-107 PEDESTAL) 10 EA �� $ 660-1-101 INDUCTIVE LOOP DETECTOR (F&I) (TYPE 1) 6 EA � $ 660-2-102 LOOP ASSEMBLY (F&I) (TYPE B- 6' X 6') 2 AS �� m°- $ 663-74-14 VFHICLE DETECTOR ASSEMBLIES (F & I) (OPTICAL) 5 EA �°�C� �°'- $ 663-74-15 VEHICLE DETECTOR ASSEMBLIES (F & I) (VIDEO) 6 EA ��- $ 665-13 PEDESTRIAN DETECTOR (F&I) (SIGN ONLY) 10 EA 670-5-130 TRAFFIC CONTROLLER ASSEMBLY (F&I) (SPECIAL) 1 AS �( 3(C> °- $ 685-106 SYSTEM AUXILIARIES (F&I) (UPS) 1 EA � gf,�� $ 690-10 REMOVE TRAF`FIC SIGNAL HEAD ASSEMBLY 12 EA $ 690-100 REMOVE MISCELL�NOUS SIGNAL EQUIPMENT 5 PI �-- $ 690-20 REMOVE PEDESTRIAN SIGNAL ASSEMBLY 6 EA °- $ 690-34 POLE REMOVAL - DEEP (COMPLETE POLE) 3 EA �!� °°"" � 690-50 CONTROLLER ASSEMBLY REMOVAL 1 EA ( °- $ .- ..- . . �' all, � i►� �� . II. � �,�. �.' ► �- ,�a' �►i�► a' . • • � ' . t �� ,, � � �,.,�: . a �, , ;� :. �� ` �� 1� `: ' �'i. �# �� ° ' �� 1; *'�►: �►'�� '� !i�+� � *+�; �. �. �' �'' +►`'� ,�� :- � "' si� ti ,. ! . ' �,�� Y� > � +► + "; " x ` r� +� � � r:�; � ; ,• �' �l�4�+�4, F „_' � � i %��, %�� 1�.�'___.-�+'i��rw � �� :.. �+►""� .►,� i.- �i t, #� �" "1► �, �, ��... ,�►, � • Attachment number 1 Page 17 of 18 690-60 LOOP ASSEMBLY REMOVAL 14 EA °— $ - 690-70 PEDESTRAIN DETECTOR REMOVAL 6 EA -- $ `3 �.- 690-80 REMOVE SPAN WIRE ASSEMBLY 2 EA �'{�.- — $ `�� - 690-90 REMOVE CONDUIT AND CABLING 1 PI �$C.1 °�- $ �� - 699-1-1 INTERNALLY ILLUMINATED SIGN (F&I) 4 EA �(� �- $ j2 '�(� -� 700-48-18 SIGN PANEL (F&I) (15 OR LESS) 4 EA � E� °" � '�. Z- - ITS FIBER OPTIC CABLE, F& I, UNDERGROLTND, 2-12 � 0783 1121 FIBERS 250 LF Z. � $ � - 0783 2 31 ITS FIBER OPTIC CONNECTION, INSTALL, SPLICE 4 EA ��1 --- $ � C� ITS FIBER OPTIC CONNECTION HARDWARE, F&I, o�s3 3 i 1 sPLic� 1 �A �'�� $ -� ITS FIBER OPTIC CONNECTION HARDWARE, F&I, 0783 3 12 SPLICE, TRAY 4 EA �� $ � C� - ITS FIBER OPTIC CONNECTION HARDWARE, F&I, 0783 3 14 BLTFFER TUBE 1 EA $ �� - ITS FIBER OPTIC CONNECTION HARDWARE, F&I, � 0783 3 17 CONNECTOR 1 EA ��. 6$ � Z.��- - $ 3� � TOTAL ALTERNATE BID $ S � - Item # 25 6 ��.��,��.¢� I��.3�:��_< Attachment number 1 Page 18 of 18 1��,��'��°`�. �.��..��.�..1.,�� I�;��;'��€8��.a �:�� .�� l��a��._C�i��t�.�:�� T=�:� �`'� ��µ��.(....u...�al��:� � ��;�� ..w��...��K ��a..�-�.�!� ��'�`��.<��."��,��E��...__._._...___Gibbs_.._&....,Register, Inc . .___.__......,____._.._........._ .................._......................................_......._._...__..... ._......... ......_........._._._... �b ��:��.g� �� _.,.,....,..__.....__.,�..�.��_.�_�.� �` � �E z� �� ..... ...... .. .. . ��:��:��...�� R�:� � .��_. _,��.�..__.__, __._._��___,____..._ ,_,..__...__._,..._____._.._..._.-.....�.��., .,......___..._.__.__,_,...._ ....................... . _ ...._...� _ €� � _ _ _ _ _. � _ _ �i � .. _ .. _ ...... _.._. „__...c..__ _ ._____._........_ .... .. o ____ _ __ _ .._.._. _ .. .._._ .. ... ..... __ _ _ _ _ _ __ _ _ __.__.....___._..____._..,_,.,,.._ �.� - f ��,�.z�� _ �'��: ��:��.��:��°;� t��.<�'�� ...�'E�'1"a�.�.. .:�1��`�'�� .�� `�:�'.i'.:��.. ��:�� t�-�.��:�:� �� .� � :�l`�� '��:I�� ..�.�� ..:�`;�� . ��. t��l�.`i�:� �'�� 'T'��. .��;�'t.:�'�"�s:�`� ��l <�'�� ,'.� �.��;,�t ��.�:_�� a�?�. �:>�,�.�� :�°��'�. ��'�.�� `��.��.�'.. 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G� � �+ � C � � � � � � � � � � � � � � � � °� A ^� � �� W o 0 0 0 0 0 0 0 0 0 0 0 0 0 pa �� o 0 0 0 0 0 0 0 0 0 0 0 0 0 � Pa M� i--i O O� N N O O m N � � O� O N � �" N a� � ,� o� N� o0 0,� m oo m �n N 00 � � m� m v-� N � C. ,r r" cn r" v' � z � � �� A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � � M O v'� O O O v'� O O O O v'� O O v'� M � �� v'� N l� OV O N O O O O l� � v'� N GO �r-� �,� t� m t� �o � N o t� in m � m m � W ~ �i 01 M� ~ N ~ r-I � � �x ��° N 'r' �' o ��o� o A � ; w oA � Z�' o s�s s�s s�s s�s s�s s�s s�s s�s s�s s�s s�s s�s s�s s�s r� �� M� W o 0 0 0 0 0 0 0 0 0 0 0 0 o A W� �� o 0 0 0 0 0 0 0 0 0 0 0 0 0 � � �A WMx� ouiuiuiouioui c�i ui ui ui o ui � � "' ,� Gy�' a+ � N� �� N O ti N ti 00 � N W W A ��4 N M �� N O � M � M F � ~ �" � M � � A z A � c� c� c� c� c� c� c� c� c� c� c� c� c� c� W z F a � d d d d d� d d w d d d d d� � w w w w w a w w a w w w w w a C�7 H i--i �,,, o p �i e�-� d m ,� � �o c� ,� � � v-� � ,� � ,� ,� F� � N Q� N Pa N � O � o � a � � � � a � W� � � � � � � � � � W> vz � � A �"� ��'��`i' O O O O O � � � � � W � � Q W � r� � � � � � � w U a�� U�� w� U U U U U � N F A QW�°��°�w� � � � � , � ��W��a..�N � � �� aW3�,��r� � � ��o z�� W�zdz�wa� a a a�"a� av W ��d`�"i'�a'�00 O OU OvO� O� vi � W W d � � � � � � � � � a' � � � � > > � a � � � w � a � a � � � o O �"a �� zwW w� w�' w�'w� wv � � � � � aU�ar�r�Z�� w�w�w�w � � � N � � � N m � � � � � � o 0 0 0 0'-" oo ,� N m m m m m'r' ��°O �'—' � m m m m m m 0 0 0 0 0 0 0� o 00 00 00 00 00 00 O� O� O� O� O� O� O� O l� l� l� l� l� l� �O �O �O �O �O �O �O l� O O O O O O � N � � � City Council Agenda Council Chambers - City Hall Meeting Date:9/1/2011 SUBJECT / RECOMMENDATION: Approve Supplemental2 Construction Engineering and Inspection Services (CEI) Work Order to Engineer of Record, Atkins Inc., in the amount of $41,539.15 for the final phase of inspection of the Morningside Traffic Calming Project. (consent) SUMMARY: Supplemental 2 CEI wark order covers the time frame from May 21, 2011 to close of the project on August 31, 2011. Provides for inspection of final paving at Summerlin Drive and Harn Boulevard, striping and final electrical wark on the uplighting at the various roundabouts and closeout of the construction contract by the CEI. Sufficient budget is available in Capital Improvement Program project 0315-92259, Traffic Calming to fund the supplemental wark order. T�pe: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: See summary Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-92259-561200-541-000- 0000 Review Approval: $41,539.15 $41,539.15 2010 to 2011 Amount $41,539.15 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment See summary 1►C�7 $41,539.15 Cover Memo Item # 26 ATHINS WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: 7uly 25, 2011 City ProjectNumber: 07-0038-EN PROJECT TITLE: Morningside Traffic Calming Project — CEI Services Addendum # 2 Attachment number 1 Page 1 of 3 2. SCOPE OF SERVICES: The Morningside Traffic Calming Project design is 100% complete and the project has been underway since April 9, 2010. For the Construction Engineering and Inspection Services (CEI), the consultant is requested to provide the following. Provide CEI services during the construction phase of the proj ect. CEI services will include, but not be limited to, observation of construction procedures to ensure compliance of construction with the permitted drawings, specifications, applicable codes and permit conditions, monitor federal reporting requirements (if required), review shop drawings, and respond to RFIs. Documentation and photographs of daily construction events will be provided. 2. Provide utility coordination for the project. 3. Interface with the design firm providing continuing services during construction, provide daily inspection report forms via email, and interface with the public — answer questions regarding construction issues and take action as necessary. 4. Review contractor payment applications and make recommendation for payment. 5. Review and provide recommendations for added work and change orders. 6. Chair construction progress meetings as well as prepare and distribute agendas/minutes of the meetings. 7. Witness materials testing as allotted onsite hours permit and review all test reports. 8. Generate punch lists, be available for final projectwalk-through, and review contractor- submitted as-builts for accuracy and completeness. 3. PROJECT GOALS: Consultant will provide qualified CEI representation during construction. CEI staff will monitor, inspect and document compliance of construction with the approved proj ect drawings and specifications. CEI will provide documentation of compliance in accordance 1 of 3 Item # 26 Attachment number 1 Page 2 of 3 with the proj ect ARRA requirements, if applicable. The proj ect goal is to confirm that the City's intent, as delineated by the project drawings and specifications, is realized in the completed project. 4. BUDGET: The proposed Addendum # 2 budget includes all labor and expenses anticipated to be incurred by ATKINS for the completion of these tasks, on a time and material basis, with an estimated fee of $41,539.15: Services will be provided on a time and material basis utilizing the funds for the project budget. This work order will not be exceeded without prior authorization from the City. 5. SCHEDULE: The Morningside Traffic Calming Proj ect currently has a scheduled completion date of 8-31-2011.�'� The Consultant will provide services as authorized by the City and as required by the contractor's construction schedule. 6. STAFF ASSIGNMENT (ATHINS): Proposed CEI inspection staff is Steve McCarty serving as the Project Administrator and Point of Contact to the City and Phillip Cox as Senior Inspector. 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to John Criss and/ or Steve McCarty as Project Administrator. All City project correspondence shall be directed to Paul Bertels, Manager — City Traffic Operations. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Attn: Veronica Josef, Senior Staff Assistant, Engineering, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly according to requirement of City proj ect manager, Mike Quillen. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. 2 of 3 Item # 26 City Invoicing Code: PREPARED BY: Ben Doan, VP Sr. Practice Manager, VP PBS&J July 25, 20ll Date APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date Attachment number 1 Page 3 of 3 3 of 3 Item # 26 rn c .� � U U f6 F W � .N OI C .� O � W � F n .. � O Z N Z V W F W � OV 'pa a � a � O ? 00 F Y � U Q Attachment number 2 Page 1 of 3 Item # 26 Phil RAW rate $ 19.53 Steve RAW rate $ 41.84 Phil Phil Phil 3.14 Month hours RAW labor multiplied labor cost �� 168.5 $ 3,290.81 $ 10,333.13 J��t� 184 $ 3,593.52 $ 11,283.65 J��'�� 78.5 $ 1,533.11 $ 4,813.95 ��st�� TOTALS 431 $ 8,417.43 $ 26,430.73 �'� �s c��t€�� d�t� c��t€��s d�t� �7-�5-2t�� P��1 �ar �s €i�€s��c# �s� t€�� pr��t ��c� �11 b�ll �s� ��r� ��rso �;11 I �� -��-�� €�� -��-�� Attachment number 2 Page 2 of 3 Item # 26 Steve hours 8 30 31 46 115 Steve Steve 3.14 RAW labor multiplied labor cost $ 334.72 $ 1,051.02 $ 1,255.20 $ 3,941.33 $ 1,297.04 $ 4,072.71 $ 1,924.64 $ 6,043.37 $ 4,811.60 � $ 15,108.42 GRAND TOTAL h��rs s€�� r� �r� ��t��l ��rs �r�C�do �� t� �-��-�C��o Monthly totals $ 11,384.15 €4�E�y $ 15,224.98 J�� $ 8,886.66 J�I� $ 6,043.37 �� $ 41,539.15 Attachment number 2 Page 3 of 3 Item # 26 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/1/2011 Accept a Right of Way and Utility Easement conveyed by Morton Plant Hospital Association, Inc. over, under and across a portion of the northwest 1/4 of the northeast 1/4 of Section 21, Township 29 South, Range 15 East, as more particularly described therein, given in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) SUMMARY: The main entrance to the Morton Plant Hospital is at the signalized intersection of South Fort Harrison Avenue and Pinellas Street. The City proposes to relocate the existing signal cabinet at the intersection to reduce incidents of damage to the cabinet and signal malfunctions resulting from contact from large trucks turning from southbound Fort Harrison onto westbound Pinellas. The subject easement grants the City sufficient authority to relocate the signal box and its appurtenances more westerly of the intersection to better protect its functions from damaging turning movements. The work will be timely scheduled and will be performed and maintained by the City's Traffic Operations Division. Review Approval: Cover Memo Item # 27 Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 Attachment number 1 Page 1 of 5 Parcel No. 21-29-15-00000-120-1200 ti �, � � - �� ; � � - FOR AIVD IN C�NSIDERA`TION of the sum of $10.00 cash in hand paid, fihe receipt and sufficiency of which is hereby acknowledged, and the benefits to be derived therefrom, MORTON PLANT HO�PIT�4L ASSOCIATION, INC., a Florida not-for-profit corporation, having its principal place of business at 300 Pinellas Street, Clearwater, Florida 33756 (herein, "Grantor") does hereby grant, bargain and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, (herein, "Grantee"), its licensees, agents, successors and assigns, for the use of the general public, easement for the purposes herein expressed over, under, across and upon the following described land lying and being situate in the City o Clearwater, County of Pinellas, State of Florida, to wit: � .. . . : , � _ - . . - . -. , . . , �,. , , . -. .- . . . - .. . .- .-. . . .-. _� . : ...- .-. --.. .. ._. .. ..M... --.: This easement is granted for public right-of�way and public utility purposes. The CIiY OF CLEA�VVATER, FLORI�A, shall have the right to enter upon the above- described premises and to construct, install and maintain thereon and therein public roadway, sidewalk, curbing and utility facilities and to inspect and alter such public roadway, sidewalk, curbing and utility facilities from time to time. Grantor hereby warrants and covenants with Grantee that Grantor is the lawful owner of the fee simple title to the herein described easement premises, that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood and agreed that Grantor reserves all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. Grantee, to the extent permitted by Florida Statute 768.28, agrees to indemnify and hold harmless Grantor from and against any and all claims, demands, actions, judgments, injuries, damages, costs and expenses, including attorney's fees, resulting from or related to Grantee's or Grantee's employees, agents, contractors and/or invitees use and occupation of the easement premises. However, nothing contained herein shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, C:\Documents and Settings\dmh86058\Local Settings\Temporary Internet Files\OLKC7\MORTON PLANT HOSP ASSN R-W UTIL EAS O411.doc Item # 27 Attachment number 1 Page 2 of 5 nothing cantained herein shall be construed as consent by the Grantee to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. The easement herein granted, and the covenants and restrictions hereby imposed, shall be easements, restrictions and covenants running with the land, intended where appropriate to bind the Grantor's property and to benefit the Grantee. Each person, firm or entity accepting a conveyance of the Grantor's property or any portion thereof, shall be bound by fhe terms, provisions or conditions of this Grant of Easement, as if said person, firm or entity were original parties hereto. IN �l�7'N��S VVH�REOF, the Grantor has caused these presents to be executed this - 5 day of , 2011. Signed, sealed and delivered In the presence of: t � t� �, , / r '�,,.� ,( £ r, � r ,�i �E"_. WITNESS signatur� .� �Q." �%�� .� c:� �/�� Print WITNESS N,�me �.. .� ��-/�o' �`'`J �lS�t �=�.F�1�-�., � ITNESS signature < s � �- V�i.��s,�J�> �, ��<;��a�-�� Print WITNESS Name .- � �- �: � C K� 11 1� � �' L�T� '� 1� I� ��_�? _�_ � • :� � � _: r� � :- �� • • ... • `° �• ,��' ;i�� i �:' • • ` ! "�� , By: � � �� Print Name t�,��., "`�. �� Title °�r� y, �� , ��° The foregoing instrument was acknowledged before me this `, z✓ day of �,^�,�i� 2011 by �jPt?�i �. ��r��' , as ,�,� �.-(� � � of Morton Plant Hospital Association, Inc., a Florida not for profit corporation, whom, being duly authorized, personally executed the foregoing instrument on behalf of said corporation, and who acknowledged the execution thereof to be h..� free act and deed for the use and purposes herein set forth, and who [}( ] is personally known to me, or who [] did provide as identification � �' `��,,,��r��';G�..t".- My Commission Expires: �.,�� ,5`�� Notary Public - State of Florida G�� t�`�'y'E�; �Q��g �� ,, �aati �v , PAFRICE AIOLAN lANE .� �p e e m^°�°. �`n � �otaey P�ablic - &Bate �P �l�rida Type/Print Name me � � ,a ��r cry�mr�. ��p�p�s �►�� ; �� m��PFOFFIV�ee�� 's��i�P�i.Si�ii � G� �6r7o� °''"°,004°" 6onded Through PJaPionaf tdoPary A�sn: C:\Documents and Settings\dmh86058\Local Settings\Temporary Internet Files\OLKC7\MORTON PLANT HOSP ASSN R-W UTIL EAS O411.doc Item # 27 ��t�� 7��Tij ��Ti�'�� A �'�"�,�►`� � � �� :�. • •" ., ;_ Attachment number 1 Page 3 of 5 EF�R� N1E, the undersigned authority, personally appeared �� ..�'J .�`��-� as � _�r, ��aJ--�'`` of Morton Plant Hospital Association, Inc., a Florida not- for-profit corporafion, whom, being first duly sworn, does depose and say: 1. That said corporation is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: � ��. y, � , , �,, . . � - ` • -. _ , � _ . t • ' • ,.'' • �.: �. �. � •`- •. .: •- •-• . • '• From the Northeast corner of the Norihvvest 1/4 of the Northeast 1/4 of Section 219 Towe�ship 29 South, R�r�ge 15 ��st, Pin�lla� County, Florida, run thence 1/Vest 30 feet; fhence South 165 feet for a Poini of �eginning; �hence South 330 feet; ihence Vilesf �.73 feet; ihence Sou�h 138.25 feet; fhence West 506.26 feet; ihence North 139.5 feet; thence East 12�.5 feet; thence South 89° East, 95.32 feet; thence South 01 °�/esfi, 35.16 feet; thence South 89° East, 41 feet; ihence fdor�h 01 ° East, 35.16 feet; thence Souih 89° Easf, 3�.39 feet; thence Norih 01 ° East, 14 feefi; thence East 205 feet io the Point of �eginning. Confaining 4.24 acres, rnore or less. 2. That said property is now in the possession of the record owner. 3. That there has been no labor performed or materials furnished on said property for which there are unpaid bills for labor or materials against said property, other than those which will be paid during the normal course of business, except: (List or insert "NONE". If no entrv, it vvill be deemed Affiant asseris "N�NE".). 4. That there are no liens or encumbrances of any nature affecting the title of the property herein described, except easement and restrictions of record, any encroachments, overlaps or other rights of third parties which would be shown by a current survey, except: (List or insert "IVONE". If no enirv, ii will be deemed Affiant asserts "NONE".) C:\Documents and Settings\dmh86058\Local Settings\Temporary Internet Files\OLKC7\MORTON PLANT HOSP ASSN R-W UTIL EAS O411.doc Item # 27 Attachment number 1 Page 4 of 5 5. That it is hereby warranted fihat no notice has been received for any public hearing regarding assessments for improvements by any government, and it is hereby warranted that there are no unpaid assessments against the herein described property for improvement thereto by any government, whether or not said assessrnents appear of record. 6. That there are no outstanding sewer service charges or assessments payable to any government. 7. That fihe representatians embraced herein are for the purpose of inducing the CI`TY OF CLEARWA°fER , its agents, successors and assigns to rely thereon. Signed, sealed and delivered MORT'ON PLANT' WO�PI1'AL ,4SSOCIAI"ION, in the presence of: INC., a Florida not�for�profit corporation � �� '..� (' . WITNESS ignat�e �. . {�-�� t� r � � �r��.��f Print Witness Name � � WITNESS signatu �1� � � �� '. t.�-�'- l .�-� 1 Print Witness Name Sworn to and subscribed before me this � Notary Public — State of Florida � '� �1d�� L.�� Type/Print Name �\ � n By: Print Name 1��,� �� Title ��; d��,�` S� day of , 2011. . Z �d6,5` Commission Expires 00,q�,�v'p�; ,, PATRBCE �ldCA�d LANE � � �°�� `c�°p N�iary Pub9ic - 5taYe �f �9�rid� :° � � ma �y C�Crtst�. Expire� Jan 2€S, 2015. �" C�r��a{ssi�n � EE 52306 ~°��0 4° �°°�°a�e��e�`'`� �ondetl Thraugh NationaP RaPary Assn. C:\Documents and Settings\dmh86058\Local Settings\Temporary Internet FiBes\OLKC7\MORTON PLANT HOSP ASSN R-W UTIL EAS O411.doc Item # 27 SCO�e ' �B = %0 � �7 9! This is n o t a survey Attachment number 1 Page 5 of 5 ��II��IIIIIII��III►.. \, _! �, , . �'` - �' I5.00'v P I N E L L A S r.v.�. S T R E E T Legal Description A Right-of-Way Easement z 0 � � � a �w � �� o> ,� a _ � � O (/') Begin at the i�ltersection of the north right-of-way line of Pinellas Street and the west right-of-��ay line of South Fort Harrison Avenue fc�r a point of beginning; thence N 89° 12' 03" W along the north right-o�t=way line of Pinellas Street a distance of I 5.00 feet ; thence N 00° 35' 45" L; along a line parallel to the west rigl�t-of way line af South I�ort Had•rison Avenue a distance of 3.00 feet; thence S 89° 12' 03" F along a line parallel to the north right-of-way line of Pinellas Street a distauce of 15.00 feet; thence S 00° 3S �}5" W along the west righC-of «�ay line of SouYh Fort Harrison Avc;nue a distance of 3.00 feet to the point of beginning. Item # 27 Attachment number 2 �11fi0 i I ifi � � iR5 I 143�`i I 142u'� I 80 �yJ� .V :'.lo��, °� � I"� � �"� I v � � vI � 1100 � � 1 � � —i--i — �-- i—i--i--i - I � I � I � ��o� � ��oi ° a a I i122A i 120 i 118 i 11 i 114 i 112 i 110 i 108 i 106 i 104 � 6e 135 67 I 11"' 10 i 9 ' I i I I 5., I I I � � � 2 :�\�j��j 1 � 2 L3 � 4 ''ay g 7 � — --- 25 _J 50 �'3�' lu __ � I 413(A) I ��`I � I I 100 4g _�'+"� � m � � j � I � � i��g °r�os a � I I � ��4ocsi � �,�3�5� 14 i 13 12 � 11 1 i 9 8 7 6 5 i 4 3 � � � � � � � � � � 6 134 � 6 � � � S 22 � 21 � 20 � 19 � 18 17 � 16 � � � p � � � I � N� I v eolm � v cc m c� I ��y .a,` Z g ------� � � � I I � I � �ao °v� °° �" c.i � w cv �°� m � � N � I � C I I v � I j�5 V V � 7$P' 5�' 56t fi3.� I 8.fi"p' 5YU' I '�'� 1�,Q�tS 5 I� c-j I I N aaz I � zai a � `� I is�i � ST I I �zes JEF�ORL75 ST I � I '�z'�'�A I I �`� I2G9�2 � I �"� tty �8 � d b G I r"- ��S).�"- I�q " � ��I �tty I� I" �� w ��' � I cc; CC I cc; cc; I CC I cC �' lC: lC` �: � I s � z� l� �z�� °� I �� ,tio, I �,,,+++'''�'''```� � � I � I 5s�� I � � � � � � j_I � �—I �: W � ` ivoa 4��e I 3 �`�-� I 1 ` 7 6 I 5 � 4 � 3 I 2 � 1 � tzoa �� >— -- I W a9.9 �zo � 136z�s� ,'-. I I — � 3 � �.::: �.:::118 "`j ----1--�=__ ��` —_ �Q 9 � 9� � g ...� � 9a.a �a9�s� � � � --� � � "' � 4 b 5 I�C m7 I 59 O g N I�� I I ' --- m '��, 9 12 1�'' �. � � �- , � � � ,----� �, � � � � v �n ° � � � 11 � �� F '—' w ` � ��, �� n N� i,,� J N � i ° I � I —�"T ° � rta Plant St " > q2qg I ° � � � �� l 118 59 v� 116.6 112( � � ZZZ,B I 13 � i 15 1222 C— — t� GRA�b CENi f � — � ��2� �+ � I23fi 129.6 i--- — � � �/� I199.5 u) 1R@. I.-. _t � �� C'1 `„ ,�' - `� b YIr'r�-" c�C c�C c�`'C � � s � �220 � � 5806� o � � � � � � I st g� j �� 19 �.1234 �: W 9 4.2�-� A c�c� u_' 4 3 I 2 � `K' ` � rn �' � i 4 i;..3 m 2 i � 128.5 � Cn I /'^ � � I`73 S I � a � -- � �—L-- --I � 1 � � �z4o I .�, � N N cn ---- �, s� I---T— � i a N � i i � i' i i .i 22 � 21°' �0 ' v ..... ..... 1233 I 6 � 7 S � a 11 I 12 � 13 � 1� � �, � I I �� N I � I � , ° � � I � 177 59 187 CC I 259.6 P@f4ELLAS PfNELLAS �� yy ��.� 924 �. ��. � s � � � � '� I� 551(S)� I � I 1 � 22�'S' �-" 1 � i 3(S� i 108.6 G93.6 9�5� P.,, � .-. 145.4 i m � O .- "` N I N N N �`��-.. � � ��. � � �---- � — — � 11 � 10 � ec ycc cc i m cc I cc cc � � y1 � i 1S � 19'�,, i 20 i 21 i 22 � 2--- �� 0 245 � � N `� 4 i° 3 � 2 i 1 � �� I � 1� I �. —J — I --I 3 ... oo — -- � N =_ —J —�— -� � i j I j I � � � 37995 0 3 j � � ��3 j , � 1�1�:,., 9 I 8 I 7 I g I � --�-- -- I 12 � " I 2 I I`' . I I I I I_4 __ _ 4 g Ir' 1�` � �a I I � I I I I — ---- j'�`�'� I � � . � � � � 5 127.5 5 7 �---� ' 1 I �� ; �,26, 6 �a�, Right-of Way .. . ��`�52 223.4 �`'� ( —, ................. 4 --- Easement — �-- � o __ �� - °,ze, ,� — -- � '.�� --- � i � � w 34668 1�l a �I � � I �� ivie 7.02 A c �c> c � CC?RBET��C i f 92610 � I----- I I � N � � �I �-- 3— I ..�: � I � zjif f��, I �� I � QS � I �ze� J�i �'B I �'� 4—I �sor B�� j lil � � e � N(�/a � i�l � � -----� � I�J � 1 � � a(s� � f�:1 595(S) I I 6 I ��,� �� 37218 � ° Cl�arwater L�— N Name: Right-of-Way Easement � Parcel Boundary � at NW Corner of S. Ft. Harrison Outside CLWTR City limits W E Preparedby: AV�. and Pinellas St. ,,.ti Engineering Department 7�� r Clearwater Service Area Yf� �/. Geographic Technology Division '� 1 1 I f'f ��S 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Faz: (727)526-4755 Map Gen By: CRM Reviewed By: TM Date: O8/10/2011 Grid #: 305B S-T-R: 21-29S-15E Scale: N.T.S. ww.MyClearwater.com s�oie � " _ �o' This is not a survey /' � � N 00° 35' 45" E 3.00' North R/W Line EXHIBIT "A" MORTON-PLANT HOSPITAL S 89° 12' 03" E 15.00' N 89° 12' 03" W 15.00' P. I. N. E. L.L. A S S T R E E T Legal Description A Right-of-Way Easement Attachment number 3 Page 1 of 1 _.��IIIII��IIIII��,.. . - z. 0 � N . � � �. � � � . � � 3 �� a 0 �n o = .w. M M 39 o � . O 0 � �.Z. � .w. `� p .>. � Q j. _ . � �� . � O. N . Begin at the intersection of the north right-of-way line of Pinellas Street and the west right-of-way line of South Fort Harrison Avenue for a point of beginning; thence N 89° 12' 03" W along the north right-of-way line of Pinellas Street a distance of 15.00 feet ; thence N 00° 35' 45" E along a line parallel to the west right-of-way line of South Fort Harrison Avenue a distance of 3.00 feet thence S 89° 12' 03" E along a line parallel to the north right-of-way line of Pinellas Street a distance of 15.00 feet thence S 00° 35' 45" W along the west right-of-way line of South Fort Harrison Avenue a distance of 3.00 feet to the point of beginning. City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint Phyllis Franklin to the Brownfields Advisory Board with term to expire May 31, 2015. SUMMARY: APPOINTMENT WORKSHEET BOARD: Brownfields Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: �� MEMBERS: 9 CHAIRPERSON: Wallace Smith MEETING DATE: As Calied PLACE: Determined when calied APPTS. NEEDED: 1 STAFF LIAISON: Diane Hufford Meeting Date:9/1/2011 SPECIAL QUALIFICATIONS:Three members will be Clearwater residents who live within or adjacent to the Brownfields Area; Three members will be owners or representatives of businesses operating in the Brownfields area and need not be residents of Clearwater; Three members wifl be representatives of federal or state agencies or local governments involved with the Brownfields remediation process within Pinellas County and need not be Clearwater residents THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT: 1. Phylfis Franklin — 1861 Venetian Pt. Dr., 33755 — Realtor Office: 423 Cleveland, 33755 Original Appointment: 9/6/07 (1 St term expires 9/30/11) Interested in Reappointment: Yes (Business Owner or Representative) (No other applications on file) Zip codes of current members: 4 at 33755 1 at 33761 1 at 33764 1 at 33765 1 at 33773 1 at 33782 Current Categories: 3 Agency or Government Rep. 3 Business Owner or Rep. 3 Resident Cover Memo Review Approval: Item # 28 Name: is CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVIS�RY BOARD 0 �� Attachment number 1 Page 1 of 2 �� , ,�:.�. �M �� .• ,4�.1� 6 � 2011 ��i. ��°�e�A�� :P �.�� "�'�°�. �,��','�,� �.,g��i . - �.. - • - �.. - • � �� ii I ,, '� �I i � ► • �, � ��/�i ��I � �.�+�_ �' 1.�t ! ' � � � ' • • - i i �/ L� i/✓/I ��!�., •.r j� `� - - • • - L � � � � �' / � , • • • , - •- � - - i ,. • •_ • �� ` I �. � � - � �+ Field Education: ��--C `g ��. !f retired, former occunation� Community Activities: Other In Ofher Work Experience: �v� t��'S j�-,� /��<=P� � Bo d Service (curr and past}: � ��C:�1� {eC�� Additional Signed: ( �' /�cfency involved in Brownfields redevelapment Board Preference: -�--`�-- . �z �'�� c��S- r Date: {� (� siness Owner ( must own a business within the Designated Brownfield Area) � i e t must be a resident within or ad'acent to h D i nated Brownfield Area ( ) Res d n( � t e es g ) �� Please return this application and board questiannaire to the �i#icial Records & Legisfative Services Depar�ment, P.O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 28 Z00� dno.z� u�Tnus.z� Z6�9 9�� LZL Xt�.� S0�9T KO�I TTOZ/ST/80 0 BOARD QUESTIONNAIRE 1. What is your understanding of the baard's duties and responsibilities? �(� i/�/r �-- °�- c-!I � _ � •�. ��'�.� � C5S c�� .�e_. Attachment number 1 Page 2 of 2 , _ V � �«�� /j,•L� .. � �'?�u l�E%�..� 2. Have you ever observed a board meeting either in person or on C-View,�the City's , TV st�tion? �� 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? � `� �uS��?� , � � -�.— ��P� a 4. Why do you want to serve on this Board? �� J� ��7'�� 3 S , - ��- �� w ( �/�� C (; � � � ' �► ' _�..r..� � , ., `� . � � Name: L � ' �. Board N me: � �P f�'S Item # 28 T00� dno.z� utTxus.z,� Zbfi9 9�� LZL X�3 L0�5T uOHI TiOZ/9T/80 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/1/2011 Approve Purchase Order in the amount of $25,000 for outside counsei services of Gina Grimes, Esq. for representation of the Community Development Board. (consent) SUMMARY: Gina Grimes, Esq. of Hill, Ward and Henderson has been the outside counsel for the Community Development Board (CDB) since 2005, when it was determined that outside counsel was needed because of conflicts of interest. In 2008, the city and Ms. Grimes entered into an open-ended contract, providing for a rate of $150.00 per hour for attorney services and $105.00 per hour for travel, along with reimbursement for reasonable compensable expenses. Ms. Grimes' invoices have averaged appro�mately $10,000 -$12,000 per year for legal services, including representation on several CDB appeals. $25,000 will fund Ms. Grimes' services to the CDB for approximately 2 years. Funds are available in the City Attorney's Professional Services Budget. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 010-09600-530100-514-000- 0000 Bid Required?: Other Bid / Contract: Review Approval: $25,000 10012010 to 09302011 Amount $25,000 No Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Bid Number: Bid Exceptions: None $25,000 Sole Source Cover Memo Item # 29 SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers - City Hall Meeting Date:9/1/2011 Authorize an intergovernmental loan, in an amount not to exceed $325,440, from funds provided to the Ciry from the United States Environmental Frotection Agency as part of the Brownfields Cleanup Revolving Loan Fund Frogram for cleanup of the CarFro site and adopt Resolution ll-19. SUMMARY: In October 1999, the Ciry Council authorized the Ciry Manager to sign a Loan Fund Agreement and Work Plan for the $500,000 award received from the United States Environmental Frotection Agency (EPA) for the Clearwater Brownfields Cleanup Revolving Loan Fund (BCRLF). EPA awarded the Ciry supplementat funds in the amount of $700,000 on September 28, 2006 increasing the originat $500,000 award to $1,200,000. The action also approved a time extension of the budget and project period date from September 30, 2001 to December 31, 20ll. The current balance of $325,507.75 is available from this award with $325,440 earmarked for this loan for the CarFro site. The BCRLF was structured to provide low-interest loans to parties interested in the redevelopment of environmentally impaired properties. The BCRLF also allows government entities to loan to other government agencies, but requires a Ciry resolution. The rule also states that the Ciry may discount up to 30% of the principal amount of the loan, provided that the total amount of the principat forgiven shatl not exceed $200,000. The Ciry determined that the best use of these remaining funds from EPA would be for the cleanup of the CarFro site. The Ciry also determined that the Communiry Redevelopment Agency (CRA) is in a better position to convey the site to a developer or other private entiry if it provides for the environmental cleanup of the site. Resolution ll-19 requests the Ciry Council to allot additional monies in the form of a loan in the amount up to $325,440 to the CRA to complete the remediation of the CarFro site and to address off-site environmental impacts. To obtain a Site Rehabilitation Completion (SRCO) from FDEP (Florida Department of Environmental Frotection) for the CarFro site, the Ciry of Clearwater is obligated to address off-site contamination related to the CarFro site. An interlocat agreement will outline the Ciry and CRA responsibilities in preparing the site for redevelopment. The purpose of the agreement is to provide the means by which the CRA and Ciry can mutually work together to use their existing and anticipated resources to meet the expenses incurred for the environmental cleanup of the site. The funds appropriated by the Ciry from the BCRLF will have a zero interest rate and be utilized by the CRA for this purpose and shall be repaid to the BCRLF by the Ciry or the CRA either from: a) amounts repaid to the Ciry or the CRA from the private developer or another parry to whom the CRA ultimately conveys the Site following the environmental cleanup provided for herein; b) TIF funds; c) the Generat Fund of the Ciry through budget appropriations in subsequent years so that such BCRLF inay be made available by the Ciry for the environmental cleanup of the other sites; d) other means legally sufficient and approved by EPA. The repayment term is five years from the completion of the environmental cleanup of the site as indicated by a site rehabilitation completion order (SRCO). It is the intent of the CRA to use either sale proceeds, TIF, brownfields funds, and/or environmental cleanup tax credit proceeds for the repayment of the loan. While Ciry general funds are not anticipated to be used, any payment from the Ciry of Clearwater General Fund is subject to the annual appropriations process. As stated earlier, a portion of the loan may be discounted to reduce total funds due to the BCRLF. Appropriation Code 181-99802 Review Approval: Amount 325,440 Cover Memo Appropriation Comment Interfund loan to CRA If2CTl # 30 Attachment number 1 Page 1 of 6 RESOLUTION NO. 11-19 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE USE OF UP TO $325,440 FROM FUNDS PROVIDED TO THE CITY BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS PART OF THE BROWNFIELDS CLEANUP REVOLVING LOAN FUND PROGRAM TO PROVIDE FOR THE CLEANUP OF THE CAR PRO SITE OWNED BY THE COMMUNITY REDEVELOPMENT AGENCY AND PROVIDING THE BASIS FOR THE REPAYMENT OF THE FUNDS BY THE REDEVELOPER OR OTHER PRIVATE ENTITY WHO ULTIMATELY OCCUPIES THE SITE OR OTHERWISE BY THE CITY, SUBJECT TO CERTAIN CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property, located at 1359 Cleveland Street, (the "Site") in the City of Clearwater is located in a community redevelopment area as lawfully established; and WHEREAS, a Community Redevelopment Agency has been established and is authorized to exercise the extensive and broad redevelopment powers contained in the Community Redevelopment Act of 1969, Florida Statutes Chapter 163, Part III (the "Act"); and WHEREAS, the institution" pursuant to established; and City of Clearwater is the custodian of funds and "lending the Brownfields Cleanup Revolving Loan Fund ("BCRLF") WHEREAS, the City desires to utilize certain funds to be provided to the City by the United States Environmental Protection Agency (the "EPA") as part of the Brownfields Cleanup Revolving Loan Fund (the "BCRLF") to assist the CRA in the exercise of such redevelopment powers as contained in the Act in order to provide for the environmental cleanup of the Site so that it is available to developers and other private parties for economic redevelopment of the site consistent with the Act; and WHEREAS, such funds will be provided by the EPA to the City as needed to meet specific expenses properly incurred by the CRA in connection with contracts entered into directly by the CRA for the environmental cleanup of the Site; and WHEREAS, the Site is owned by the CRA, which is in a better position to convey the Site to a developer or other private entity if the CRA provides for the environmental cleanup of the Site; and Resolution No.11-19 Item # 30 Attachment number 1 Page 2 of 6 WHEREAS, there will be money available within the BCRLF in Account # 181- 99802 and # 388-94869 for such purposes when needed; and WHEREAS, the City desires to set forth the basis for the use of such funds as received from the EPA for the Site and the method of repaying such funds into the BCRLF; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City is hereby authorized and directed to appropriate funds available or to be made available by the EPA in the BCRLF, to the CRA in the amount of up to $325,440.00 for the purposes of providing for the environmental cleanup of the S ite. Section 2. As part of the use of such funds the City hereby incorporates by reference the requirements and conditions of the EPA as contained in the Cooperative Agreement between the City and the EPA in connection with the establishment of the BCRLF, and summarized in the attached Exhibit 1. The City also agrees that it and/or the CRA shall provide in any contract for such environmental cleanup any language required by the EPA in connection therewith. Section 3. The funds so appropriated by the City from the BCRLF will have a zero interest rate to be utilized by the CRA for this purpose and shall be repaid to the BCRLF by the City or the CRA either from (in priority order): a) amounts repaid to the City or the CRA from the private developer or another party to whom the CRA ultimately conveys the Site following the environmental cleanup provided for herein; b) TIF funds; c) the General Fund of the City through budget appropriations in subsequent years so that such BCRLF inay be made available by the City for the environmental cleanup of other sites; d) other means legally sufficient and approved by EPA. Any payment from the City of Clearwater General Fund is subject to the annual appropriations process. The repayment term is five years from the completion of the environmental cleanup of the site as indicated by a site rehabilitation completion order (SRCO). Section 4. Borrowers and conditions for discounted loans. BCRLF grantees may offer discounted loans to those entities provided in CERCLA section 104 (k) (1) including political subdivisions, and others. For an individual loan, the amount of the principal discounted may be a percentage of the total amount up to 30 percent, provided that the total amount of the principal forgiven shall not exceed $200,000. 2 Resolution No 11-19 Item # 30 Section 5. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney day of Frank V. Hibbard Mayor Attest: Rosemarie Call City Clerk , 2011. Attachment number 1 Page 3 of 6 3 Resolution No 11-19 Item # 30 Attachment number 1 Page 4 of 6 Exhibit 1: Brownfields Cleanup Revolving Loan Fund Summary of Requirements Conduct BCRLF response activities in accordance with the cooperative agreement and CERCLA and consistent with the NCP for the percentage of funds originating from EPA. ELIGIBLE ACTIVITIES ■ Clearwater BCRLF pilot funds will be used for environmental cleanup activities on contaminated redevelopment sites in the City's designated Brownfields area. BCRLF cleanups will meet the NCP requirements identified for non-time critical cleanup actions—i.e., cleanup actions for which a planning period of at least 6 months exists. These include actions associated with removing, mitigating, or preventing the release or threat of a release of a hazardous substance, pollutant, or contaminant. ■ BRCLF pilot funds may be used to clean up sites with an actual release or substantial threat of a release of hazardous substance, or at sites which pose a substantial danger to the public health or welfare. ■ BCRLF pilot loan funds may be used for site monitoring activities that are reasonable and necessary during the cleanup process. ■ BCRLF funds may be used for costs associated with meeting public participation, worker health and safety, and interagency coordination requirements. ■ BCRLF grantees may offer discounted loans to those entities provided in CERCLA section 104 (k) (1) including states, political subdivisions and others, as well as non profit organizations. The amount of the principal discounted may be any percentage of the total loan amount up to 30 percent, provided that the total amount of the principal forgiven shall not exceed $200,000 per project. INELIGIBLE ACTIVITIES ■ Clearwater BCRLF money from EPA will not be used on site assessment, identification and characterization, remediation of a naturally occurring substance or public or private drinking water supplies that have deteriorated through ordinary use; development activities that are not removal actions (e.g., construction of a new facility, marketing of property, or job training); remedial actions at sites listed or proposed for listing on the USEPA National Priorities List remedial actions at sites subject to ongoing Federal or State enforcement actions or remedial actions at Resource Conservation and Recovery Act (RCRA) permitted or interim status facilities. ■ Clearwater BCRLF money from EPA will not be given to a party which is determined to be a generator or transporter of contamination at a brownfields site(s) for work on that site. ■ EPA BCRLF Pilot funds will not be used to clean up products that are part of the building structure and result in exposure within the structure. 4 Resolution No 11-19 Item # 30 Attachment number 1 Page 5 of 6 EPA funded BCRLF Pilot funds will not be used for cleanup at site contaminated by petroleum products, unless they are believed to be co-mingled with a hazardous substance, pollutant, or contaminant. OTHER REQUIREMENTS ■ BCRLF cleanups will meet the National Contingency Plan public participation requirements including ensuring the availability of documents, providing adequate public comment periods, and designating a spokesperson to inform the community of actions concerning the site. ■ Document use of all funds, maintaining records which segregate expenditures from Federal and non-Federal sources. Federal expenditures are subject to Federal regulations governing the use of federal money. ■ Maintain documentation for a minimum of 10 years after the completion of the cleanup activity supported by the loan or for the length of the loan, whichever is longer, and obtain written approval from EPA prior to disposing of records. ■ Use of no more than 15 percent of the loan for allowable administrative activities. ■ Upon selection of a site for cleanup under the cooperative agreement, provide EPA with a site description, including: location of site, physical characteristics of site (i.e., geology, proximity to drinking water supplies), nature of release at site (i.e. contaminant type and affected media), past response actions at site, and response actions still required at site. ■ Prior to the disbursement of funds, an acceptable loan application package must be completed. This application includes a Memorandum of Agreement with Atlanta DEP. The Application Package will include BSRA and certification that the response activities have been coordinated with other State agencies, and will identify the contact names for site project management and for coordination with the State offices. In addition, the application package will include a site-specific Community Relations/Involvement Plan, a site-specific Health and Safety Plan, and a site-specific Quality Assurance Project Plan. ■ Projects funded by EPA money through the BCRLF must comply with applicable federal regulations regarding procurements, conflicts of interest, political activities, and hiring of personnel; federal, state and local laws, regulations, and ordinances, including the following: 1. Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 42 U.S.C. Section 2000-d), which prohibits discrimination on the basis of race, color or national origin; 2. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicap; 3. The Age Discrimination Act of 1975, enacted as an amendment to the Older Americans Act (Public Law 94-135), which prohibits unreasonable discrimination based on age; and 4. Title IX of the Education Amendments of 1972 (20 U.S.C. Section 1681, et seq.), which prohibits discrimination on the basis of sex in education programs and activities, including those not offered or sponsored by an education institution; 5 Resolution No 11-19 Item # 30 Attachment number 1 Page 6 of 6 5. Federal Fair Labor Standards Act (29 U.S.C. Section 201) which sets minimum wage and maximum hours; 6. Section 114 of the Clean Air Act, as amended (42 U.S.C. Section 1857, et. seq.) and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. Section 1857, et seq.), as well as other applicable requirements specified in said Acts and all regulations and guidelines issued thereunder; 7. Executive Order 11990, relating to the protection of wetlands; 8. Executive Order 11988, relating to flood plain management; 9. National Environmental Policy Act of 1969 (Public Law 91-190) and Executive Order 11514, Protection and Enhancement of Environmental Quality as amended by Executive Order 11991; 10. Section 106 of the National Historic Preservation Act of 1966 as amended (15 U.S.C. Section 470), Executive Order 11593 and the Archeological and Historic Preservation Act of 1966 (16 U.S.0 Section 469a-1 et seq.) by consulting with the State Historic Preservation Officer as necessary to identify properties which may suffer adverse effects as a result of this project. 11. Executive Order 11246's equal opportunity clause; all contracts and subcontracts which have or are anticipated to yield in excess of $10,000 within 12 months in carrying out the project will include this clause. 12. Coordination with identified State agencies. 6 Resolution No 11-19 Item # 30 SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers - City Hall Meeting Date:9/1/2011 Award a contract (purchase order) to lease desktop and laptop computers for 3 years from Hewlett-Packard Financial Services Company, Murray Hill, NJ for an amount not to exceed $1,300,000 in accordance with Sec. 2.564(1)(d) Code of Ordinances, under State Contract 250- 040-08-1; and authorize the appropriate officials to execute same. SUMMARY: The City has leased computers for nine years. The benefits of leasing include operational savings for asset acquisition and maintenance, improved efficiency in user support and asset management, improved security for City systems and network, and improved performance for system users and employees. This term of leasing includes a11 desktop (�1,100) and laptop (�300) computers within the City. The cost of this lease term is 8°Io higher than the previous term ('09-'11). The City's computers are upgraded over a 3-year cycle at approximately 33°Io per year. Costs in the initial year (2011/2012) of the contract will be approximately $365,520. The maximum annual costs for this lease term will be approximately $433,000 in the third year. This agreement includes a value added enhancement. Self-Maintainer Program which enables City staff to be trained at no additional costs to function as Hewlett-Packard certified technicians to expedite diagnostic and resolution actions (Hewlett- Packard tracks and pays (reimburses) for these services for every 15 minutes of work performed). Quarterly payments will be budgeted in the Information Technology annual operating budget, and costs prorated to a11 departments based upon their respective computer counts, through the Administrative Services Fund charge back for Information Technology services. Type: Operating Expenditure Current Year Budget?: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscai Year: Appropriation Code 0555-09862-544500-519-000- 0000 Bid Required?: Other Bid / Contract: None $1,300,000 2012 to 2015 No Amount Budget Adjustment: Annuai Operating Cost: Totai Cost: Appropriation Comment Bid Number: Bid Exceptions: No $433,000 $1,300,000 None Cover Memo Review Approvai: Item # 31 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clearwater Business Task Force Report. SUMMARY: Review Approval: Meeting Date:9/1/2011 Cover Memo Item # 32 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Disband Business Task Force. SUMMARY: Meeting Date:9/1/2011 The Business Task Force submitted a report with recommendations to the Council on August 29, 2011 and has completed its review of the environment facing businesses in the City. Review Approval: Cover Memo Item # 33 City Council Agenda Council Chambers - City Hall Meeting Date:9/1/2011 SUBJECT / RECOMMENDATION: Appoint Brian Aungst, Jr., David Allbritton, Steve Engelhardt, Steve Fowler, Gene Gillespie, Jeff Kronschnabl, and Robert Pergolizzi to the Business Task Force Executive Committee. SUMMARY: The Business Task Force submitted a report with recommendations to the Council on August 29, 2011 and has completed its review of the environment facing businesses in the City. The Business Task Force Executive Committee will assist the City Council in implementing those recommendations brought forward by the Business Task Force. Review Approval: Cover Memo Item # 34 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/1/2011 Approve the attached Business Lease Contract between the City of Clearwater and Clearwater Marine Aquarium, Inc. for the lease of the Second (Middle) floor of the Harborview Center pursuant to the terms and conditions of the Business Lease Contract ratify and confirm the City's capital renovation cost of approximately $171,650 for site preparation; authorize pre-lease reimbursable interim operating costs of $16,650 and authorize the appropriate officiais to execute same. SUMMARY: The Clearwater Marine Aquarium recently approached the City and requested the lease of the second floor of the Harborview Center to help them mitigate and manage the community impacts anticipated by the concurrent of reconstruction and expansion of the Aquarium and the significantly heightened visitor demand as a result of the release of the movie entitled "A Dolphin's Tale". Unforeseen delays in the Aquarium reconstruction/expansion created the situation. The City, in discussion with the Executive Board of the Aquarium and later at City Council meetings, indicated a willingness to consider such an accommodation with the caveat that the City be fully reimbursed for the cost of site preparation and, subsequently, the tenancy be on a triple net basis, with the Aquarium absorbing all operating costs created by the tenancy. The only exception would be in the instance where the City reclaims the property for municipal purposes prior to the lease expiration, in which case the capital costs would be reimbursed on a proportional basis. The attached lease reflects these conditions. The lease provides for an initial term of 12 months, with subsequent renewal options of 1 year and 6 months at the option of the Aquarium. The Aquarium may cancel the lease at any time upon 30 days notice to the City, but, in such instance, will continue the capital cost liability and nonetheless fully reimburse the City in the 30-month period prescribed in the lease. The City will underwrite and prepare the facility for use by the Aquarium and will recover the cost through a base monthly rent equivalent to 1/30th of the cost of site preparation. Additionally, the Aquarium will report attendance at the Harborview quarterly, and will remit to the City the difference between attendance and base rent on a$1 per attendee basis (in those cases where the attendance exceeds the base rent), which will be credited to the capital cost reimbursement to the City. Once the capital cost of site preparation is fully reimbursed, the rent will be at the nominal rate of $lper annum. Pre-lease occupancy by the Aquarium will be permitted pursuant to a License Agreement between the City and CMA for exhibit assemblage and materials storage, with the City held harmless and operating costs for the pre-lease period rolled forward into the capital cost reimbursement total and repaid according to the repayment schedule delineated above. City staff recommends approval for the following reasons: 1) The use of the Harborview Center would help mitigate the anticipated traffic and visitor impact on the City due to the concurrent reconstruction and anticipated increased attraction of visitors to the Aquarium as a result of the movie release; co�er nnemo 2)The tourism and financial importance to the City and the Aquarium of assuring a positive touristivisit�ome�per�`ience to the Aquarium, particularly following the release of the movie, would far exceed any inconvenience to the City in allowing the tenancy; 3) The infusion of visitors to Downtown would likely generate additional business for restaurants and retail establishments, during a difficult economic period; 4) The lease meets the City Council criteria that the City be held harmless from a cost standpoint. Funding for the site preparation is recommended to be funded from Capital Project 315-93277, Harborview R and R, which has an available balance of $250,837.95. Type: Lease Option Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $171,650 to Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Code Amount Appropriation Comment 315-93277 $171,650 Review Approval: 1) Lega12) Clerk 3) City Manager 4) Clerk None Cover Memo Item # 35 Attachment number 1 Page 1 of 13 BUSINESS LEASE CONTRACT THIS LEASE CONTRACT, entered into this day of , 2011, ("Effective Date") between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, having its principal place of business at 112 South Osceola Avenue, Clearwater, FL. 33756, as Lessor, and CLEARWATER MARINE AQUARIUM, INC, a Florida non-profit corporation, having its principal place of business at 249 Windward Passage, Clearwater, FL 33767, as Lessee (each individually referred to herein as "Party" or collectively as the "Parties"). WITNESSETH: That Lessor does lease and Lessee agrees to lease the following premises, a portion of what is commonly known as the "Harborview Center" addressed at 320 Cleveland Street, Clearwater, Florida, all being more specifically described as follows: The entire second (or "middle") floor of the Harborview Center, containing 54,000 square feet, more or less, of interior floor area, measured to the unfinished interior surfaces of its perimeter walls, which is a portion of: EDWARD MILL'S SUBDIVISION, Lot 3 Less Street, and Lots 4 and 5, ROMPON'S & BASKINS CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT, as recorded in Plat Book 57, Pages 1 and 2 of the public records of Pinellas County, Florida, and part of SUNSET COURT, all described as beginning at the Northeast corner of Block 1 of aforesaid ROMPON'S & BASKIN'S CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT; thence South 224.38 feet; thence West 566.62 feet; thence along the arc of a curve to the right, 197.75 feet; radius 679.20 feet, cord bearing N82°W, 197.10 feet; thence N05°W, 189.48 feet; thenceNO3°West, 171.34 feet; thence along the arc of a curve to the right, 84.23 feet, radius 743.35 feet, cord bearing NO3°E, 84.18 feet; thence East, 422.97 feet; thence along the arc of a curve to the right, 67.22 feet, radius 163.84 feet, cord bearing N60°E, 66.75 feet; thence South100.31 feet; thence East 291.48 feet; thence South 183.27 feet to the point of beginning. Together with rights to use parking areas indentified in Exhibit A except as limited herein. Such property shall hereinafter be referred to as the "Leased Premises" or the "Demised Premises" or the "Leased Property" or "Premises". 1. LEASE TERM. Item # 35 Attachment number 1 Page 2 of 13 The term of this lease shall be for twelve (12) months; which term will commence on the 1st day of November, 2011 (the "Commencement Date") and shall continue until midnight on the 31st day of October, 2012 (herein called the "Initial Term"). The Lessee shall have the option to extend the term of this lease for one (1) successive period of twelve (12) months; and thereafter, one (1) successive period of six (6) months (each such period is included in the term "Extended Term"). No such renewal or extension shall be deemed a waiver by Lessor of any breach or default which may then exist. The Extended Term shall be upon the same conditions and terms, and the rent shall be determined and payable, as provided in this agreement, except that there shall be no privilege to extend the term beyond the expiration of the Extended Term period as hereinabove specified. The Lessee shall exercise the option for an Extended Term by notifying the Lessor in writing at least two (2) calendar months prior to the expiration of the then current term. Upon such exercise, this lease shall be deemed to be extended without the execution of any further lease or other instrument. Notwithstanding the above, the Parties shall enter into a License Agreement in substantially the form attached hereto as Exhibit B, to allow Lessee the right to access the Leased Premises prior to the Commencement Date, but not prior to completion by the Lessor of the Capital Expenditures required by Section 4 herein, for the purpose of making alterations and improvements and/or installing props and exhibits necessary for the use by Lessee as contemplated herein, including the storage of materials associated with such improvements ("Early Occupancy Date") provided Lessee supplies evidence of insurance to Lessor. In such event, the Lessor shall pay all utility charges incurred at the Leased Premises from the Early Occupancy Date through the Commencement Date, with said sum to be added to the Capital Expenditures and repaid as a part thereof as set forth in Sections 2 and 4 below. 2. RENT. The Lessee agrees to pay and the Lessor agrees to accept as the Base Payment during the term of this lease the sum of ($ ) payable monthly, the first such installment being payable on the Commencement Date, with monthly installments being payable in advance at the beginning of each successive monthly period thereafter, except as limited herein. The Base Payment shall be calculated by dividing the total Capital Expenditures provided in Section 4 as described in Exhibit "C" attached hereto by 30. In addition, following each three month period following the Commencement Date, the Lessee agrees to pay and Lessor agrees to accept an amount equal to One (1) and 00/100 Dollar for each paid guest visiting the Leased Property during the prior three month period, less the Base Payments as described above paid during the same three month period ("Additional Payment"), said combined amounts constituting repayment of the Capital Expenditures described in Section 4 herein. The Additional Payment shall be payable not later than fifteen Page 2 of 13 Item # 35 Attachment number 1 Page 3 of 13 (15) days after the final day of each three month period. All installments as herein above specified are for the purpose of reimbursing the Lessor for Capital Expenditures incurred by the Lessor as provided for under the provisions of Section 4 herein. Following the Lessor's recovery of such Capital Expenditures, Lessor agrees to accept as rent during the remainder of the Term and Extended Term of this lease, One and 00/100 Dollars ($1.00) per year in further consideration of Lessor entering into this lease with Lessee, Lessee covenants with Lessor that Lessee shall unequivocally, timely and without reservation or exception, full comply with all the provisions hereof, and the obligations imposed herein. Lessee's failure to timely comply with any or all of the provisions hereof shall be deemed a material default and subject to provisions of Section 18. DEFAULT; REMEDIES; TERMINATION BY LESSOR. 3. MAINTENANCE AND PARKING EXPENSES. In addition to the Rent set forth above, the Lessee shall pay to the Lessor beginning on the Commencement Date the total sum of $3,750 per month for reimbursement to the Lessor for expenses associated with obtaining alternative parking ($1,500) and for the cost of maintaining the common areas associated with the Leased Premises ($2,250), said payment to be made on the first of the month throughout the Term, as extended. This obligation shall terminate upon the termination of this lease by either party. 4. CAPITAL EXPENDITURES BY LESSOR. Lessor agrees to make repairs and improvements to the Leased Property (herein called "Capital Expenditures") prior to Lessee's occupation of same. At the inception of this Lease, Lessor's Capital Expenditures are estimated to be One Hundred Twenty Three Thousand Six Hundred Nintey-Seven and 00/100 Dollars ($123,697) as more particularly provided for in Exhibit "C", (attached hereto and incorporated herein). The Parties acknowledging that the cost of the Capital Expenditures may vary from the preliminary estimate, the Parties hereby agree that the Lessor may unilaterally pursue repair of the Premises by incurring Capital Expenditures not to exceed Two Hundred Thousand and 00/100 Dollars ($200,000.00) without additional Lessee approval. As a courtesy, as soon as reasonably possible, Lessor shall provide Lessee written notice of any Capital Expenditure in excess of One Hundred Seventy Two Thousand Five Hundred Eighty-Seven and 00/100 Dollars ($172,587.00), up to the maximum of Two Hundred Thousand and 00/100 ($200,000.00) stated above. Lessee shall reimburse Lessor for said Capital Expenditures in their actual amount, as determined by the parties as of the Commencement Date, as described in Section 2 above, a Schedule detailing such Capital Expenditures attached hereto as Exhibit "C". 5. USE OF PREMISES. Page 3 of 13 Item # 35 Attachment number 1 Page 4 of 13 The Leased Premises are leased to Lessee solely for the following uses and no other use can be made of the Premises during the term without the written consent of the Lessor: The Leased Property shall be used to accommodate increased patronage resulting from the film "Dolphin Tale", consistent with Lessee's normal business practices related to the promotion of the Clearwater Marine Aquarium, tourism in Clearwater and increased traffic to the downtown Clearwater area. 6. UTILITIES. Effective as of the Commencement Date, water, sewer, electric and all other utilities of any kind servicing the Leased Premises shall be billed directly to Lessee and are or shall be individually metered for the subject Premises. All deposits for such utilities shall be the sole responsibility of Lessee. 7. MAINTENANCE AND TAXES. Lessee shall, at its own expense, maintain in good repair and in good and safe condition all improvements on, about and within the Leased Premises, including, but without limiting the generality of the foregoing, all structural improvements, including the doors, plate glass, windows and their respective hardware, all plumbing, heating, cooling and electrical fixtures within the Leased Premises only, and whether or not required by wear and tear, obsolescence, accidents or otherwise, except as set forth herein. Except as may be otherwise provided for in this lease, Lessor has no obligations to make repairs on, about or within the Leased Premises, or to paint, decorate or redecorate same. Lessee shall be responsible for all real and personal property taxes as may be assessed specifically applied against the Leased Premises during the lease term, and shall promptly pay same when due. Provided however that Lessee shall have no obligation to maintain, repair or replace any improvement, including but not limited to structural improvements, the roof, doors, plate glass, windows, plumbing, heating and cooling systems and electrical fixtures should Lessee elect to terminate the lease consistent with Section 19 of this lease, or should such maintenance, repair or replacement result from any other occupant of the Harborview Center or its invitees. Lessee shall have no responsibility for real property taxes assessed against the Leased Premises attributable to any other occupant's presence in the Harborview Center, including but not limited to Pickles Plus Too. 8. OBSERVANCE OF LAWS AND ORDINANCES. Lessee agrees to observe, comply with and execute promptly at its expense during the term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the Demised Premises. Page 4 of 13 Item # 35 Attachment number 1 Page 5 of 13 9. ASSIGNMENT OR SUBLEASE. Lessee shall not, without first obtaining the written consent of Lessor, which consent may be withheld in Lessor's sole discretion, assign, mortgage, pledge, or encumber this lease, in whole or in part, or sublet the premises or any part thereof. This covenant shall be binding on the legal representatives of Lessee, and on every person to whom Lessee's interest under this lease passes by operation of law, but it shall not apply to an assignment or subletting to the parent or subsidiary of a corporate lessee or to a transfer of the leasehold interest occasioned by a consolidation or merger involving such Lessee. If the Leased Premises are sublet or occupied by anyone other than Lessee, and Lessee is in default hereunder, or if this lease is assigned by Lessee, Lessor may collect rent from the assignee, subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such collection shall be deemed a waiver of the covenant herein against assignment and subletting, or the acceptance of such assignee, subtenant, or occupant as Lessee, or a release of Lessee from further performance of the covenants herein contained. 10. ALTERATIONS AND IMPROVEMENTS. Other than as expressly provided for herein, the Lessee shall not make any structural alterations or modifications or improvements which are part of the Leased Property without the written consent of the Lessor, and any such modifications or additions to said property shall become the property of the Lessor upon the termination of this lease or, at Lessee's option, the Lessee shall restore the Leased Property at Lessee's expense to its original condition. The restrictions of this paragraph shall not apply to maintenance of the Leased Property, but shall apply to any change which changes the architecture or purpose of the property or which changes any of the interior walls of the improvements or which annexes a fixture to any part of the Leased Property which cannot be removed without damage thereto. In the event Lessee desires to make any alterations or modifications, written notice shall be given to the Lessor. Unless the Lessor objects to such proposals by notice to Lessee within twenty (20) days after written notice from Lessee, the proposal shall be deemed approved. Lessee shall have no power or authority to permit mechanics' or materialmen's liens to be placed upon the Leased Property in connection with maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from Lessor, discharge any mechanic's liens for materials or labor claimed to have been furnished to the Leased Premises on Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's expense, remove all of Lessee's personal property and those improvements made by Lessee which have not become the property of Lessor, including trade fixtures and the like. All property remaining on the Leased Premises after the last day of the term of this lease shall be conclusively deemed abandoned and may be removed by Lessor, and Lessee shall reimburse Page 5 of 13 Item # 35 Attachment number 1 Page 6 of 13 Lessor for the cost of such removal. The Parties hereto acknowledge and agree that it is the Lessee's intent to apply immediate improvements to the Leased Premises to render the Demised Premises useable for Lessee's purposes. Lessee shall provide a detailed schedule of said improvements together with the cost associated with same, which are in addition to Lessor's Capital Expenditures, and seek Lessor's approval as provided for in this paragraph, prior to proceeding to install same, with such schedule attached hereto as Exhibit D. In no event shall Lessor be liable to reimburse Lessee for such improvements except as set forth in Section 18(d) herein. 11. RISK OF LOSS. All personal property placed or moved in the premises shall be at the risk of the Lessee or owner thereof. The Lessor shall not be responsible or liable to the Lessee for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the Leased Premises hereby leased or any part of the building which the Leased Premises are a part of for any loss or damage resulting to the Lessee or its property from bursting, stopped up or leaking water, gas, sewer or steam pipes. 12. RIGHT OF ENTRY. The Lessor, or any of its agents, shall have the right to enter said Leased Premises during all reasonable hours, to examine the same, to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof. Should Lessee default in any of its maintenance responsibilities as heretofore provided, all costs and charges for which Lessor shall invoice to Lessee for reimbursement shall be paid within 15 days following receipt. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not conform to this agreement. 13. RESTORING PREMISES TO ORIGINAL CONDITION. In addition to the Capital Expenditures contemplated in Exhibit "C", Lessee acknowledges and represents that the Premises are in need of certain improvements for which Lessee shall submit written notice in accordance with Paragraph 10 herein, seeking approval of Lessor to conduct and install such improvements. Lessee's acceptance or occupancy of the Leased Premises shall constitute recognition of such condition. Lessee hereby accepts the premises in the "AS IS CONDITION" they are at the Commencement Date and agrees to maintain said premises in the same condition, order and repair as they are at the Commencement Date, and to return the Leased Premises to their original condition at the Page 6 of 13 Item # 35 Attachment number 1 Page 7 of 13 expiration of the term, excepting only reasonable wear and tear arising from the use thereof under this agreement. 14. INSURANCE. Lessee agrees to provide at its sole cost and expense the following policy or policies of insurance through firms authorized to provide such insurance within the State of Florida: Lessee shall procure and maintain for the life of the Lease, General Liability Insurance. This coverage shall be on an "Occurrence" basis. The policy shall provide coverage for death, bodily injury, personal injury or property damage that could arise directly or indirectly from the performance and operation of this Lease. The minimum limits of coverage shall be $1,000,000 Per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage. The Lessor shall be included and identified as an Additional Insured under the policy and on the Certificate of Insurance. The insurance coverages and conditions afforded by these policies shall not be suspended, voided, cancelled or modified except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City's Risk Management Office. All insurance policies required within this provision shall provide for commercially reasonable deductibles Certificates of Insurance meeting the specific required insurance provisions specified in this Lease shall be forwarded to the City's Risk Management Office and approved prior to the Commencement Date. After review, the Certificate will be filed as part of the official Lease file. 15. RADON GAS NOTIFICATION. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 16. DESTRUCTION OF PREMISES. Page 7 of 13 Item # 35 Attachment number 1 Page 8 of 13 In the event that the building should be partially or totally destroyed by fire, earthquake, hurricane or other natural cause, neither Lessor nor Lessee shall have any obligation whatsoever to repair or rebuild the Leased Premises. Lessee may either terminate the lease or undertake to rebuild or repair at Lessee's expense, in Lessee's sole discretion. Lessee may terminate the lease from the date of occurrence of such event through the remainder of the term. If Lessee elects to continue in occupancy and pursue repair and rebuild of the Premises, Lessee shall restore the Premises to a condition as near as practicable to the condition prior to the event. In no event shall the destruction of the Premises relieve the Lessee of its obligation to reimburse Lessor for Capital Expenditures which have already been made. 17. RESERVATION BY LESSOR. Throughout the term hereof, Lessor reserves unto itself during and throughout certain scheduled public events, including but not limited to those set forth below, held within Coachman Park and its environs, the right and privilege to reserve for its exclusive use all parking within the parking lots adjoining the Demised Premises, with the exception of those spaces assigned to the use of Pickles Plus Too, (Pickles") together with ingress and egress thereto: • Superboat Offshore National Championship — September 29t" through October 2nd • Hispanic Heritage Festival — October 10tn • Clearwater Jazz Holiday — October 14t" through October 17tn • Christmas Under The Oaks — November 13t" and November 14tn Otherwise, Lessee shall have the non-exclusive use of the public parking lots to the North and West of the Leased Premises, without charge, on a first-come, first-served basis. In addition, Lessee's parking rights shall be subject to the parking rights of Pickles as set out in that certain Lease between the Lessor and Pickles, dated August 15, 1995, as amended. 18. DEFAULT; REMEDIES; TERMINATION BY LESSOR. (a) Lessee further covenants that if the Lessee shall violate or default upon any of the covenants, provisions, terms, conditions and obligations imposed on Lessee upon entering into this lease, and shall fail to correct such violation or default within fifteen (15) days after a written request by the Lessor to do so, or if such default cannot be cured within fifteen (15) days and Lessee fails to exercise good faith efforts to cure such default, then the Lessor may, at its option, deem this lease terminated, and Lessee shall become a tenant at sufferance, and the Lessor shall be entitled to obtain possession of the premises as provided by law. Page 8 of 13 Item # 35 Attachment number 1 Page 9 of 13 (b) In case the Leased Property shall be abandoned, as such term is defined by Florida Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor may (i) re-enter the premises as the agent of the Lessee consistent with Florida law and may relet the Leased Property as the agent of the Lessee and receive the rent therefore and apply the same to the payment of such expenses as Lessor may have incurred in connection with the recovery of possession. Thereafter, it shall be applied to the payment of damages in amounts equal to the rent hereunder and to the cost and expenses of performance of the other covenants of Lessee as provided herein; or (ii) the Lessor may, at its option, terminate this lease by giving the Lessee fifteen (15) days written notice of such intention served upon the Lessee or left upon the leased property, and the term hereof shall absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period, but the Lessee shall nevertheless and thereafter be liable to the Lessor for any deficiency between the rent paid as of such date and the unreimbursed Capital Expenditures. (c) Lessor, at its option, may terminate this lease as for a default upon the occurrence of any or all of the following events: an assignment by Lessee for the benefit of creditors; or the filing of a voluntary or involuntary petition by or against Lessee under any law for the purpose of adjudicating Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or to prevent bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy of the Lessee. Each of the foregoing events shall constitute a material default by Lessee and breach of this lease. (d) Lessor, at its option, may terminate this lease in the event the City Council votes at a duly constituted City Council meeting that the Lease Premises are needed for other municipal purposes and serves Lessee with one hundred twenty (120) days notice of such intended use. In such event, Lessee shall be relieved of any obligation to pay Rent, Utilities and or Capital Expenditures effective as of the date of termination of the lease, and further, Lessor shall reimburse Lessee in an amount equal to the total sum of the cost of Lessee's improvements, renovations and expenditures to improve the Leased Property for its intended use as set forth in Exhibit "D", multiplied by a fraction, with the numerator being the number of months remaining in the term as extended as of the date of termination by the City Counsel and the denominator being 30. (e) Both the Lessor and Lessee shall be entitled to all remedies as provided by law. 19. TERMINATION BY LESSEE Lessee may terminate this lease anytime during the Initial Term or Extended Term of this lease upon thirty (30) days written notice to Lessor. If Lessee terminates this lease prior to Page 9 of 13 Item # 35 Attachment number 1 Page 10 of 13 April 30, 2013, or if Lessee chooses not to extend this lease through April 30, 2013 as provided in Paragraph 1 above, Lessee shall reimburse Lessor for one hundred percent (100%) of the Lessor's then unrecovered Capital Expenditures, as specified in Paragraph 4 above, without interest. Recognizing Lessee's cost to vacate the Leased Property; Lessee may defer such reimbursement for three (3) months following Lessee's vacation of the Leased Property. Following the three (3) month deferral period, monthly payments will resume until Lessor has fully recovered its Capital Expenditures. Such monthly payments will be calculated to establish equal monthly installments, but not less than the Base Payment provided in section 2, to be paid from Lessee to Lessor such that Lessor's unrecovered Capital Expenditures are fully recovered no later than April 30, 2013. 20. MISCELLANEOUS. (a) Lessor shall have the unrestricted right of assigning this lease at any time, and in the event of such assignment, the Lessor shall be relieved of all liabilities hereunder, provided that the successor Lessor shall become responsible for all of Lessor's obligations. (b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and assigns and successors of the Lessee. (c) It is understood and agreed between the parties hereto that time is of the essence of this contract and this applies to all terms and conditions contained herein. (d) It is understood and agreed between the parties hereto that written notice sent by certified or registered mail, overnight/express carrier with signature required, or hand delivered to the premises leased hereunder, shall constitute sufficient notice to the Lessee, and written notice sent by certified or registered mail, overnight/express carrier with signature required, or hand delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this contract. (e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. (f) It is hereby understood and agreed that Lessee shall use no signs in connection with the premises hereunder, except as same shall comply with provisions of Article 3, Division 18 of the City of Clearwater Land Development Regulations, as may be amended from time to time, and other applicable law, and such signs as Lessee may place inside the building, which signs shall be subject to the prior approval of the Lessor. Page 10 of 13 Item # 35 Attachment number 1 Page 11 of 13 (g) It is understood that no representations or promises shall be binding on the parties hereto except those representations and promises contained herein or in some future writing signed by the party making such representations or promises. 21. INDEMNIFICATION. The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by the Lessor arising out of or related to its use or occupancy of the Leased Premises, to include but not being limited to: (a) failure by the Lessee, or its agents, to perform any provision, term, covenant or agreement required to be performed by the Lessee under this agreement; (b) any occurrence, injury or personal or property damage which shall happen in or about the Leased Property or appurtenances resulting from Lessee's operation and maintenance therein ;(c) failure to comply with any requirements of any governmental authority or insurance company insuring the Leased Property or its contents; (d) any security agreement, conditional bill of sale or chattel mortgage or mechanic's lien connected with Lessee, its obligations or operations, filed against the Leased Property, fixtures, equipment or personalty therein; and (e) any construction, work, alterations or improvements by Lessee on the Leased Property. Such indemnification shall include reasonable attorney's fees for all proceedings, trials and appeals and shall survive termination of this Lease. 22. "AS IS" CONDITION. Lessee accepts the Leased Premises on an "AS IS" basis, subject to the Capital Expenditures contemplated in Exhibit "C", and Lessor shall have no obligation to improve or remodel the Leased Premises other than as specified in Section 4 above. 23. CONSTRUCTIVE EVICTION. Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee shall have first notified Lessor in writing of the condition or conditions giving rise thereto and, if the complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such notice to remedy such conditions. 24. JANITORIAL EXPENSES. Lessee shall either obtain or perform janitorial services for the Leased Premises at its expense. 25. SEVERANCE. Page 11 of 13 Item # 35 Attachment number 1 Page 12 of 13 The invalidity or unenforceability of any portion of this lease shall in nowise affect the remaining provisions and portions hereof. 26. CAPTIONS. The paragraph captions used throughout this lease are for the purpose of reference only and are not to be considered in the construction of this lease or in the interpretation of the rights or obligations of the parties hereto. 27. NO HAZARDOUS MATERIALS. The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the property or, in the alternative, that such materials, wastes or substances may be located on the property, only upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with any and all applicable state and federal laws and ordinances. In the event such materials are utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may be assessed against Lessor in connection with or otherwise relating to said hazardous materials, wastes or substances at anytime, without regard to the term of this lease. This provision shall survive the termination of this Agreement. The Lessor warrants that to the best of its knowledge the Leased Premises are free of hazardous materials, waste or substances as of the Commitment Date, 28. CONFORMANCE WITH LAWS. Lessee agrees to comply with all applicable federal, state and local laws during the term of this lease. Lessor shall ensure that the Premises is fully compliant with applicable ADA regulations as of the delivery of possession of the Premises to Lessee pursuant to the License Agreement. 29. ATTORNEY'S FEES. In the event that either party seeks to enforce any provision of this Lease through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 30. GOVERNING LAW. Page 12 of 13 Item # 35 Attachment number 1 Page 13 of 13 The laws of the State of Florida shall govern this Lease; any action brought by either party shall lie in Pinellas County, Florida. 31. CAPITAL EXPENDITURES AND LESSEE IMPROVEMENTS FINALIZATION. The Parties hereto acknowledge and agree that the estimated costs of the Capital Expenditures by Lessor (Exhibit "C") and the leasehold improvements made by Lessee (Exhibit "D") shall be finalized by the Parties on or before November 10, 2011 with Exhibits "C" and "D" amended as necessary to reflect such final costs and with the Base Payment described in Section 2 modified, as necessary. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. AS TO LESSEE: AS TO LESSOR: Countersigned: Frank V. Hibbard, Mayor Approved as to form: Pamela Akin, City Attorney Attest: CLEARWATER MARINE AQUARIUM, INC. By: David P. Yates, CEO CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Rosemarie Call, City Clerk Page 13 of 13 Item # 35 0 N M W O N N � � H T m � � N � N '� � N � � H � � U >, m m � � N N � �i Q � � � � � y--� � � L Q � � � L ^� LL � n My �>LL„a E � `a . n a � q � a p t a uVLL � F "v�iU a` a � ¢ Y � L m°Cv�i; W a � rv 3 f7�jv °oa �1 � �� 1� � �o ui� Attachment number 3 Page 1 of 6 NON-EXCLUSIVE REVOCABLE LICENSE AGREEMENT TO ACCESS, RENOVATE AND OCCCUPY HARBORVIEW CENTER This LICENSE AGREEMENT TO ACCESS, MAKE IMPROVEMENTS, AND OCCUPY HARBORVIEW CENTER ("License"), is made and entered into this day of September 2011, ("Effective Date") by and between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation ("Licensor"), and the CLEARWATER MARINE AQUARIUM, INC, a Florida non-profit corporation, having its principal place of business at 249 Windward Passage, Clearwater, FL 33767 ("Licensee") (each individually "Party" or collectively "Parties"). WITNESSETH: 1. License Premises: In consideration of Licensee timely and fully complying with the covenants and conditions herein contained, Licensor does hereby grant to Licensee and Licensee hereby accepts from Licensor, a non-exclusive License to utilize the following described premises owned by Licensor: The entire second (or "middle") floor of the Harborview Center, containing 54,000 square feet, more or less, of interior floor area, measured to the unfinished interior surfaces of its perimeter walls ("Licensed Premises" or "Premises") which is a portion of: EDWARD MILL'S SUBDIVISION, Lot 3 Less Street, and Lots 4 and 5, ROMPON'S & BASKINS CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT, as recorded in Plat Book 57, Pages 1 and 2 of the public records of Pinellas County, Florida, and part of SUNSET COURT, all described as beginning at the Northeast corner of Block 1 of aforesaid ROMPON'S & BASKIN'S CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT; thence South 224.38 feet; thence West 566.62 feet; thence along the arc of a curve to the right, 197.75 feet; radius 679.20 feet, cord bearing N82°W, 197.10 feet; thence N05°W, 189.48 feet; thenceNO3°West, 171.34 feet; thence along the arc of a curve to the right, 84.23 feet, radius 743.35 feet, cord bearing NO3°E, 84.18 feet; thence East, 422.97 feet; thence along the arc of a curve to the right, 67.22 feet, radius 163.84 feet, cord bearing N60°E, 66.75 feet; thence South100.31 feet; thence East 291.48 feet; thence South 183.27 feet to the point of beginning. Together with non-exclusive rights to use the parking area to the west of the Harborview building and common areas appurtenant to the Licensed Premises as necessary to utilize the Premises as described herein. 2. Use of License Premises and Fundinq of Renovations: Licensee shall have the right and privilege to access and utilize the Licensed Premises only for the general purpose 1 Item # 35 Attachment number 3 Page 2 of 6 of preparing said premises for the operations of its typical business. More specifically, Licensee shall have access for purposes of cleaning, renovating, and making modifications and improvements ("Licensee Renovations") and for storing materials related to its business. This License is not coupled with an interest. 3. License Term: This License is granted to Licensee as of the Effective Date and shall extend until midnight on October 31, 2011 unless terminated as otherwise provided for herein. It is the intention that the Parties will enter into a Lease Agreement on November 1, 2011, which shall provide for the terms and conditions of the Licensee's long term occupation of the premises. Notwithstanding the October 31, 2011 expiration date of the License, this License shall terminate or expire upon the occurrence of any one, or more, of the following, whichever shall occur first: a. Licensee changes the use of the property, or abandons its use of the License Premises for a period of sixty (30) days; or, b. Material default by Licensee in the performance of any of the terms, covenants or conditions of this License, and in the failure of Licensee to remedy, or undertake to remedy, to Licensor's reasonable satisfaction such default for a period of thirty (30) days after receipt of Notice from Licensor to remedy same; or, 4. At such time as any of the aforementioned events occur, all rights granted herein in favor of the Licensee shall automatically extinguish and the License Premises shall revert fully to the Licensor as if this License had never been granted. 5. Liability / Indemnification: Licensee, its partners, officers, directors, employees, representatives, attorneys, agents, successors and assigns ("Indemnitors"), shall save and hold harmless the Licensor, its successors and/or assigns, from any and all liability arising from injury to person or property during the term hereof, and do hereby release and forever discharge Licensor for and from any and all Claims which Indemnitors ever had, now have, or hereafter can, shall or may have against Licensor for, upon or by reason of any matter, cause or thing, whatsoever, arising out of or related to the Licensee's use of the Licensed Premises (each a"Released Claim"), said indemnification limited by Licensee's applicable insurance coverages. Indemnitors hereby covenant and agree to forever forbear from alleging, asserting, bringing, commencing, instituting, maintaining, prosecuting or otherwise pursuing against Licensor any Released Claim. Indemnitors further agree that this release may be pleaded by the Licensor as a full and complete defense to any Released Claim that may be alleged, asserted, brought, commenced, instituted, maintained, prosecuted or otherwise pursued against Licensor. "Claims" means any and all actions, adjudications, awards, causes of action, claims, costs, damages (including, without limitation, consequential damages), demands, 2 Item # 35 Attachment number 3 Page 3 of 6 expenses (including, without limitation, attorneys', consultants' and experts' fees and disbursements actually incurred in investigating, defending, settling or prosecuting any claim, litigation or proceeding), fees, fines, forfeitures, injuries, judgments, liabilities, liens, losses, obligations, orders, proceedings, penalties, stop notices and suits of any kind or of any nature whatsoever. Licensor will not accept and explicitly renounces any liability of any nature for use of the License Premises by the Licensee, its partners, officers, directors, employees, representatives, attorneys, agents, successors and assigns. The Licensee acknowledges and makes assurances, upon which the Licensor relies in granting this License, that the Licensee will not open the Licensed Premises to any parties other than those necessary to fulfill the express purposes of this License. Under no circumstances shall the Licensed Premises be open to, or accessed by, the general public. Nothing contained herein shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to Licensor. In addition, nothing contained herein shall be construed as creating third party beneficiaries or as consent by the Licensor to be sued by third parties in any manner arising from this grant of License. 6. Insurance: During the term of this License, Licensee shall procure and maintain, at its sole cost and expense, the following policy or policies of insurance through firms authorized to provide such insurance within the State of Florida: a. Insurance: 1. Comprehensive General Liability Insurance on an "occurrence" basis in an amount not less than $1,000,000 combined single-limit Bodily Injury Liability and Property Damage Liability, with explosion exclusion removed. 2. Workers' Compensation Insurance applicable to its employees for statutory coverage limits, and Employers' Liability which meets all applicable state and federal laws. b. Additional Insured The City is to be specifically included as an additional insured on all liability coverage shown in section 1 described above. c. Notice of Cancellation or Restriction All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. 3 Item # 35 Attachment number 3 Page 4 of 6 d. Certificates of Insurance/Certified Copies of Policies Prior to commencement of this License, the Licensee shall provide the Licensor with a certificate or certificates of insurance showing the existence of the coverage as required by this License. The Licensee will maintain this coverage with a current certificate or certificates of insurance throughout the term stated in the License. When specifically requested by the Licensor in writing, the Licensee will provide the Licensor with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies (if certified copies of policies are requested) shall be provided to the Licensor whenever any policy is renewed, revised, or obtained from other insurers. e. The certificates and/or certified policies shall be sent or delivered to the Risk Manager and addressed to: The address where such certificates and certified policies shall be sent or delivered as follows: City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 7. Other Provisions: Integral to the rights and privileges herein granted, the parties further agree as follows: a. Licensee shall at all times maintain the License Premises in compliance with all applicable City of Clearwater codes. b. Licensee shall be responsible for direct costs associated with its occupation and activities under this License, including but not limited to, all expenses for utilities required for the operation and maintenance of the License Premises. It is the intent of the Parties that the Licensor shall maintain its utilities accounts which service the Licensed Premises, with the Licensee reimbursing the Licensor for the total cost of such utility expenses as a portion of its reimbursement of the Capital Expenditures as defined in that certain Business Lease Contract to be entered into by the Parties on or before November 1, 2011. c. Licensee, at its sole expense, shall comply with all applicable Federal, State and Local environmental laws, and shall not allow the storage, use, disposal, or discharge by itself or others, of any contaminants or hazardous materials as defined in State, Federal or Local environmental laws on or about the License Premises. d. If this License, or its operation, shall create any ad valorem or other tax obligations, it shall be incumbent solely upon Licensee to timely discharge same. 0 Item # 35 Attachment number 3 Page 5 of 6 8. Notice: Any notice given by one party to the other in connection with this License shall be sent by certified mail, return receipt, with postage and fees prepaid, addressed as follows: If to Licensor: Rod Irwin, Assistant City Manager City of Clearwater P. O. Box 4748 Clearwater, Florida 33758-4748 If to Licensee: R. Nathan Hightower, Esquire . P.O. Box 4376 Clearwater, Florida 33758 9. Quiet Enioyment: Upon observing and performing the covenants, terms and conditions required by this License, the Licensee shall peaceably and quietly hold and enjoy the License Premises for the indeterminate term as stipulated herein, without hindrance or interruption by Licensor. It is expressly understood and agreed that all rights of ownership of the License premises not inconsistent with the license rights herein conveyed to Licensee are reserved to Licensor. 10. Entire Aqreement: This License contains all of the terms, conditions and covenants binding the parties hereto. There are no other terms, conditions, covenants or understandings, either written or oral, binding upon the parties unless expressed herein in writing, or subsequently addended hereto by mutual agreement of the parties. IN WITNESS WHEREOF, the undersigned parties have hereunto affixed their hands and seals the day and year first above written. Signed, sealed and delivered Clearwater Marine Aquarium, Inc. In the presence of: Witness signature Print Witness name Witness signature Print Witness name 5 : Print Name Title Item # 35 Countersigned: Frank V. Hibbard, Mayor Approved as to form: Pamela Akin, City Attorney 0 : Attachment number 3 Page 6 of 6 CITY OF CLEARWATER, FLORIDA William B. Horne, II, City Manager Attest: Rosemarie Call, City Clerk Item # 35 I. Capital Renovation Costs A. Building Repairs/Renovations Ceiling Tiles & Interior walls Completed A/C Cleaning and Repair Start this week Fresh Air System Cleaning and Code Update Start this week Wall Demolition, Partitions and Emergency Exit 80% Complete Install Double Doors — West Wall Exit 60% Complete Inspect Fire Alarm System and Install Voice Evacuation System 20% Complete Inspect and Repair Sprinkler System 40% Complete Install Fencing, Concrete Ramp, Parking Deck Start this week Roof Repairs 100% Complete Subtotal: B. Parking Improvements C. Landscaping and Grounds II. Estimated Interim Operatin� Costs A. City of Clearwater Utilities B. Progress Energy Subtotal Subtotal TOTAL: BUDGET $ 4,597 $ 10,000 $ 25,000 $ 10,000 $ 5,000 $ 20,000 $ 10,000 $ 8,000 800 $93,397 $ 6,150 7 500 $107,047 $ 900 15 750 $ 16,650 $123,697 Attachment number 4 Page 1 of 1 EXHIBIT C Item # 35 ESTIMATED Non Recurrin� Expenses (Buildin� Modifications and Exhibit Build outl As of 8/31/11 Lorraine's Home/Garage Grand Hall Touch Tank Gift Shop Displays Check out counters POS Terminals Computers Exhibit Signage Sound System/PA Office furniture Total Non-recurring Expenses $80,000 2,000 5,000 2,000 10,000 1,200 20,000 5,000 2.500 $127,700 Attachment number 5 Page 1 of 1 Item # 35 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Meeting Date:9/1/2011 Cover Memo Item # 36 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Review Approval: Meeting Date:9/1/2011 Cover Memo Item # 37