04/19/2012City Council Agenda
Location: Council Chambers - City Hall
Date: 4/19/2012- 6:00 PM
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your
name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless
otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a
spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the
audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being
presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of
dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more
than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly
supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours
prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are
available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the
meeting.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Presentations
4.1 The Neighborhood and Home of the Year. The Neighborhood, Business Beautification, and two Homes of
the Quarter Awards for the Spring Season.
6� Attachments
4.2 Arbor Day Proclamation - Eric Kleinman, Parks & Rec.
� Attachments
4.3 National Volunteer Week Proclamation - Philip Harris, Director of Community Services and Public
Policy -United Way of Tampa Bay
� Attachments
4.4 Swim Across America Proclamation - Robert Shapiro, Volunteer Event Coordinator for Swim Across
America
� Attachments
4.5 Honor Flight of West Central Florida - Richard C. Koch, Lt. Colonel, USAF (Ret.)
� Attachments
4.6 Service Awards
� Attachments
5. Approval of Minutes
5.1 Approve the minutes of the April 5, 2012 City Council Meeting as submitted in written summation by the
City Clerk.
� Attachments
6. Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
7.1 Continue to May 17, 2012: Approve the annexation, initial Future Land Use Map designation of
Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 2172 Burnice Drive (Lot 5, Glen Ellyn Estates in Section 24, Township 29 South, Range 15
East) together with the abutting right-of-way of Burnice Drive and together with the additional right of
way of Burnice Drive abutting 2160 and 2166 Burnice Drive; and Pass Ordinances 8319-12, 8320-12 and
8321-12 on first reading. (ANX2012-02001)
C� Attachments
8. Quasi-judicial Public Hearings
-Staff states and summarizes reasons for recommendation (2 minutes)
- Applicant presents case, including its testimony and exhibits. Witness
may be cross-examined (15 minutes)
- Staff presents further evidence. May be cross-examined (10 minutes)
- Public comment (3 minutes per speaker or 10 minutes maximum as
spokesperson for others that have waived their time)
- Applicant may call witnesses in rebuttal (5 minutes)
- Conclusion by applicant (3 minutes)
- Decision
8.1 Approve a Future Land Use Map Amendment from the Residential Urban (RI� Classification to the
Institutional (� Classification and a Zoning Atlas Amendment from the Low Medium Density Residential
(LMDR) District to the Institutional (� District for property located at 3043 and 3047 Cleveland Street
(consisting of the South �/z of the Southwest �/4 of the Northwest �/4 of the Northwest �/4 of Section 16,
Township 29 South, Range 16 East less and except the South 32 feet thereof, and less the north 20 feet
thereof ), and pass Ordinances 8316-12 and 8317-12 on first reading.(LUP2012-01001 and REZ2012-
01001)
� Attachments
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 8318-12 on second reading, amending the Community Development Code, Part II,
section 47.031(1) Building/Flood Board of Adjustment and Appeals to add an alternate member.
� Attachments
City Manager Reports
10. Consent Agenda
10.1 Approve settlement of a liability claim for payment of $40,000.00 and authorize the appropriate officials
to execute same. (consent)
� Attachments
10.2 Recommend the approval of a change to the distribution formula for county funds through PPLC (Pinellas
Public Library Cooperative) to allow use for support of the countywide Automation System and
countywide delivery services for library materials. (consent)
i� Attachments
10.3 Approve a new Capital Improvement Project entitled Mandalay Pier Demolition (CIP 315-92651) for
$90,000 for the removal of a deteriorating Pier located west of the Rockaway parking lot; and transfer
funds at mid-year from the Parking Fund Reserves to cover the cost of this project. (consent)
� Attachments
10.4 Award a contract (Blanket Purchase Order) to Jet Age Fuel of Clearwater, FL for an amount not to exceed
$3,700,000 for the purchase of unleaded and diesel fuel for city motorized equipment, as per the award of
City of Clearwater RFP 19-10, during the contract period May l, 2012 through April 30, 2013 and
authorize the appropriate officials to execute same. (consent)
� Attachments
10.5 Approve a Cooperative Agreement between Pinellas County, the City of Clearwater, and the City of
Largo for the development of the Allen's Creek Watershed Management Plan in the amount of
$111,605.00 and authorize the appropriate officials to execute same. (consent)
�- Attachments
10.6 Accept a Drainage Easement donated to the City over a portion of Brooklawn Subdivision, Block M, for
use of the property as part of the City's public stormwater system. (consent)
�- Attachments
10.7 Appoint Sallie Parks to the Sister Cities Advisory Board as the Clearwater Arts Alliance representative to
fill the remainder of an unexpired term through December 31, 2014. (consent)
[� Attachments
11. Other Items on City Manager Reports
1 l.l Approve the Waiver of the Use Restriction under Section 3(B)(1) of the Operation Easement Agreement
(OEA) among DDR Southeast Clearwater Development, L.L.C. (DDR), City of Clearwater (City) and
Phillies Florida LLC (Phillies) in order to allow DDR to lease space known as Unit 10 for the limited use
as a charter school.
� Attachments
Miscellaneous Reports and Items
12. City Manager Verbal Reports
12.1 City Manager Verbal Reports
� Attachments
13. Closing Comments by Mayor
14. Adjourn
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:4/19/2012
The Neighborhood and Home of the Year. The Neighborhood, Business Beautification, and two Homes of the Quarter Awards for
the Spring Season.
SUMMARY:
Review Approval:
Cover Memo
��11�:�)
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Arbor Day Proclamation - Eric Kleinman, Parks & Rec.
SUMMARY:
Review Approval:
Meeting Date:4/19/2012
Cover Memo
��11�:��
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:4/19/2012
National Volunteer Week Proclamation - Philip Harris, Director of Community Services and Public Policy -United Way of Tampa
Bay
SUMMARY:
Review Approval:
Cover Memo
��11�:��
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/19/2012
SUBJECT / RECOMMENDATION:
Swim Across America Proclamation - Robert Shapiro, Volunteer Event Coordinator for Swim Across America
SUMMARY:
Review Approval:
Cover Memo
��11�:��
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Honor Flight of West Central Florida - Richard C. Koch, Lt. Colonel, USAF (Ret.)
SUMMARY:
Review Approval:
Meeting Date:4/19/2012
Cover Memo
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Thank you, Mr. Mayor, for inviting me to be with you this evening. Tonight, I am going to
speak with you about a subject that has an impact on all of you — even though you may not
know it yet! There are more than 100 non-profit, 501(c)3, Honor Flight chapters throughout
the United States. As of the end of 2011, those other chapters had sent 81-thousand
veterans to Washington for FREE so that they could see the memorials our country has built
on the National Mall as a tribute to their service. Up until we got an Honor Flight chapter in
West Central Florida in late 2010, how many went from here? None!
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How many veterans in our area are we talking about? According to the Dept. of
Defense, it is nearly a quarter of a miilion! Colonel Billy Graham, who runs the
Retiree Affairs Office at MacDill AFB, said that normally there are 240-thousand
military retirees and their families in our area. However, the number goes up to 320-
thousand during snowbird season when they ail come down here to practice driving
on U519. Our area has the second highest population of military retirees in the
nation — second only to San Antonio.
At the end of World War 2, there were 16-mitlion veterans of the war. Today,l-
point-eight seven million remain. Of these, 327-thousand live in Florida, and, of
those, 32-thousand veterans of World War 2 live right here with us! However, we
don't have much time. The VA says that WW-2 veterans are dying nationally at the
rate of nearly 1 thousand a day.
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A Congressional Advisory Board for Honor Flight has been formed. Retired Senator
Bob Dole is the nationai spokesman. (New slide) We have one representative from
Florida — Congressman 1eff Miller from our first district which represents north
Ftorida and Eglin AFB. With respect to your time, I believe the most efficient way to
introduce you to Honor Flight is to show a short clip.
3
(National Clip — 4:21)
During 2011 we took 241 of our country's most senior military heroes to
Washington. We hope to send at least one mission each month until the end of
October. This will enable us to take another approximately 400 to 500 World War 2
veterans to Washington during this calendar year flying season. But that depends, of
course, on the availability of funds. Each flight costs approximately 60-thousand
dollars. For the April 3�d flight, Progress Energy Florida donated $10,000 as a tribute
to the 32,000 World War 2 veterans who live in their West Central Florida service
area. We could not have launched without their help. Time is our worst enemy with
the World War 2 veterans dying nationally at almost 1-thousand per day!
5
(Jack Harris/Julie Weintraub — 0:55)
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Florida web site �Q:,���` " �. � or�crrfili��twcf.c3i'�
The help we need to continue Honor Flight can be broken down into four separate
categories: money, materials, time, and communication. Of course, we need cash.
Please note —1009� of ALL money collected goes to cover the cost of the flights.
There are NO salaries for anyone working for this non-profit, 501(c)3, activity! We
are ALL volunteers! In addition to cash, which is our lifebiood, we need some things
donated. Another need is volunteers with TIME. (New Slide) We also need escorts
to serve these elderly veterans. However, only the veterans fly for free. Everybody
else is asked to make a suggested donation of at least $400 to our operating fund to
help cover the costs. And PLEASE tell every World War 2 vet that you know about the
Honor Flight chapter of West Central Florida which is here to serve them.
7
if someone is going to send cash, the easiest way is just send a check to our P.O. Box.
OR go to our web site. We have PayPal which makes it very simpie for individuals to
charge their tax-deductible donation to their credit card. When they go to the web
site, however, they have to be careful to use the .ORG extension — not .COM. If they
go to .com, they will get a copycat site that has surreptitiously attached themselves to
Honor Flight — but charges the veterans for a flight to Washington. We do not like
those people!
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THAT, Mayor Cretekos and members of the Council, is Honor Flight of West Central
Florida. As Sam Donaldson said, "It would be an entirely different country ...." if
these men and women, most of them barely out of their teens — had not stepped up
to the plate and served US. Now it's our turn to serve THEM! I will be glad to answer
any questions.
0
Honor Flight of West Central Florida
Providing WWII Veterans free Honor Tours to their memorial in Washington, D.C.
Richard C. Roch, Lt. Colonel, USAF (Reti=ed)
Koch retired in 1979 as the senior USAF public affairs officer
for the United States Readiness Command (USREDCOM), MacDill AFB.
While in that position, he was appointed by the Dept. of Defense to
be the Public Affairs Officer for the Joint Anti-Terrorist Task Force
which was created at USREDCOM in 1976.
Prior to his assignment to USREDCOM, he served two tours in the
public affairs office of the Secretary of the Air Force. He worked
with members of the Pentagon Press Corps and ultimately prepared
Congressional testimony for the Secretary, Chief of Staff, and other
senior members of the Air Force.
In addition to his Pentagon experience, Koch served at Fairchild
AFB, Washington; Kunsan AB, Korea; Luke AFB, Arizona; and Langley
AFB, Virginia. During the Vietnam conflict, he supervised public
affairs personnel in the Philippines, Thailand, and Taiwan.
He currently is assisting Honor Flight of West Central Florida
in a public affairs/media relations/congressional liaison role. This
involves keeping the Honor Flight message before the public through
news releases, media interviews with World War II veterans, and
district Congressional representatives.
Koch has a B.A. in speech from the Univ. of Minnesota and an
M.A. in Journalism (Mass Communications/Public Relations) from the
Univ. of Wisconsin. The Air Force sent him to a graduate level
public communication course at Boston University where he and the
other students had a full year's curriculum compressed into three
months. He was named the "Outstanding Student" and was presented the
Arno H. Letunan award by the Air Force Association.
He and his wife, Dale, have lived in St. Petersburg for 35
years. They have two adult children and four grandchildren, two of
each species.
As of April, 2012
Post �ce Box 55661, St. Petersburg, FL 33732
Website: www.honorfiightwcf.or�g Contact: info�honorflightwcf.org
FL. DIVISION OF CONSUMER SERVICES REGISTRATION #CH34443. A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL
INFORMATION MAY BE OBTAINED FROM THE DNISION OF CONSUMER SERVICES BY CAWNG TOLI-FREE (�0-435-7352) WITHIN
THE STATE.REGISTRATION DOES NOT IMPLY ENDORSEMEN7; APPROVAL, OR RECOMMENDATION BY THE STATE.
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Providing WWII Veter ' s ee Honor
Tours to Washington, D.C.
Honor Flight of West Central Florida is a 501(c)3
non-profit organization created soley to honor
America's Veterans for all their sacrifices. Our
heros are transported to Washington, D.C. to
visit and reflect at their memorials. Priority is
given to World War II Veterans, along with those
other Veterans who may be terminally ill.
With more than 1,000 World War II Veterans
dying nationally each day, the time to
express our thanks to these brave men and
women is running out.
Help us honor these members of the
"Greatest Generation."
Honor Flight of West Central Florida is a
chapter of the national
Honor Flight Nefinrork.
For a Veteran and/or Guardian
applications, please visit
www.honorf{ightwcf.org
WE NEED YOUR
FINANCIAL SUPPORT
to keep these honor tours completely FREE
for veterans. Please donate today!
DONATE YOUR TIME AS A VOLUNTEER
CONT�CT � � , �
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FL. DIVISION OF CONSUMER SERVICES REGISTRATION #CH34443. A COPY OF THE
OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM
THE DMSION OF CONSUMER SERVICES BY CALLING TOLL-FREE (8f10-435-7352)
WffHIN Th1E STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT,
APPROVAL. OR RECOMMENDATIONS BY THE STATE.
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Attachment number 2 \nPage 1
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City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Service Awards
SUMMARY:
Review Approval:
Meeting Date:4/19/2012
Cover Memo
��11�:��
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/19/2012
SUBJECT / RECOMMENDATION:
Approve the minutes of the April 5, 2012 City Council Meeting as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval:
Cover Memo
��11�:��
Present
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
r�� � �
Mayor George N. Cretekos, Vice Mayor Paul Gibson, Co
Doreen Hock-DiPolito, Councilmember Bill Jonson„ and t
Jay E. Polglaze.
William B. Horne II - City Manager, Jill S. Silue
Manager, Rod Irwin - Assistant City Manager; `;
Attorney, Rosemarie Call - City Clerk, and Nic�
Records and Legislative Services Coordinator.
To provide continuity for research, items are in agenda
necessarily discussed in that order.
Unapproved
The meeting was called to ord
Attachment number 1 \nPage 1
IPiL�iilTa'i
ancil with a�copy of Senate Resolution 2146, recognizing
m for its extraordinary efforts in rehabilitating the dolphin
and encouragement to those around the world who have
System CNG Filling Station - Going Green and
nvironment categories
Clearwater Gas System (CGS) Managing Director Chuck Warrington recognized the
following individuals for their efforts: Brian Langille, CGS Operations Manager/Project
Manager; Rick Carnley, General Services/Solid Waste Assistant Director; Tara Kivett,
Counci12012-04-OS 1
Item # 7
Attachment number 1 \nPage 2
Engineering Manager/Station Construction Manager; Hob Divine, Engineering
Construction Inspector/Station Field Construction Coordinator; Kristi Cheatham, Gas
Sales/Public Affairs Manager; Lisa Brown, Public Information Specialist/Marketing
Coordinator; Kerry Nelson, Gas Specialist/Station Technical Operator and Earl Gloster,
General Services and Solid Waste Director.
Clearwater Greenprint Project for 2011 Charles A. Mclnto
Planning and Development Director Michael Delk recognize�
for their efforts: Stakeholder Steering Committee Members: I
Altic, Koreen Brennan, George Davis, Blain Enderle, Mike E
Marcus Milnes, Mary Morrow, Elvira Morgan, Joanna Siskin,
John Ungerer; Staff: Planning and Development Assistant D
Planning Manager Lauren Matzke.
4.3
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Director
Board of Directors President C
and reviewed recent chang�s �
sound.
arine
Marine Advisory Board C
recommendations made'
Channel Dredging Projec
intracoastal Waterway, a
Clearwater Harbor Marin
an
by the
�
? `City for
to be mo
�.�
�
i oa row,
Clayton
ed support
and fiscally
ir Tim Trag+�r reviewed board membership and recent
�ity staff, such as supporting the Clearwater Pass and
tupporting fihe removal of the Britt's Turnstyle in the
suggesting rna�iifications to wake zones in front of the
Jacobs Engineering representative Scott Pringle provided a PowerPoint presentation.
The Projec� Advis�ry Committee unanimously adopted the Locally Preferred Alternative
on January 3Q, 2012. The project is currently in the public outreach phase. The
proposed' prc�ject envisions light rail connecting Clearwater, Largo, Greater Gateway,
Pinellas Park, and St. Petersburg in Pinellas County, with a regional connection across
Tampa Bay to Tampa and Hillsborough County. Mr. Pringle said a presentation
requesting city participation in the project will be made at a future meeting.
Counci12012-04-OS 2
Item # 7
Attachment number 1 \nPage 3
5. Approval of Minutes
5.1 Approve the minutes of the March 15, 2012 Citv Council Meetinq as submitted in
written summation bv the Citv Clerk.
Councilmember poreen Hock-DiPolito moved to approve the minutes of the March 15,
2012 City Council Meeting as submitted in written summation by the City Clerk. The
motion was duly seconded and carried unanimously. __
. • r- • - - • •; - � •- ,•,
David Hemrick requested council consideration to allow golf
Clearwater Beach, Island Estates and trail portion of the Mei
Staff was directed to research matter and report on findings
Joel Marshall and Allen Lane requested council conside
Field or relocate a field to the N. Greenwood area.
�rts�low speeci u�:rt�c�es on
�ri�� Causevuay,�
a futur� meeting.
to renovate Phillip Jones ''
Parks and Recreation Director Kevin Dunbar said the Florida [��
Environmental Protection (DEP) received a c�mplaint that the°Pt
an incorrectly closed IandfilL Staff has been:working with QEP tt
environmental assessment phase. It was defi�;rmined the fiacility
landfill but collocated near an old incinerator' plant, requiring the
leachate concerns. Mr. Dunbar said staff anticipat�:s completing
evaluation and soil removal nrior #o the 2013 footb�a�l season.
Public Hearings' - �
7. Second Reading
7.1 Adopt Ordinance
the Fiscal Year er
; in revenues and E
> �Vater and Sewer
', t��as Fund, Mar�r��
` Furid. Admir�i�fr�t
ncil fQi� all �heir efforts,
before 6:04 PM
Rublic Hearina
nent of
Jones fa��1i#y was
�h an
not built on an old
to �ddress some
scail contamination
>tember 30, 2012 to reflect increases and decreases
res for the General Fund. Special Proaram Fund.
d, Airpark Fund, Clearwater Harbor Marina Fund, Perkinc
ervices Fund. General Services Fund. Garaae Fund. and
Ordinance 8�23=12 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8323-12 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Councilmember poreen Hock-DiPolito,
Counci12012-04-OS 3
Item # 7
"Nays"
Councilmember Paul Gibson, Councilmember Bill Jonson, and
Councilmember Jay Polglaze.
None.
7.2 Adopt Ordinance 8324-12 on second readinq, amendinq the Capital
Improvement Budqet for the Fiscal year endinq September 30, 201�
net increase of $8,509.771.
Ordinance 8324-12 was presented and read by title only. Counc�lmember
moved to adopt Ordinance 8324-12 on second and final readinc�, The mo1
seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Councilmember poreen H�ck-D
Councilmember Paul Gibson, Councilmember Bil1 Jonsc�n; a
Councilmember Jay Polglaze.
"Nays": None.
8. Consent Aqenda — less Item 8.5
8.1 Approve the modification of th� La
of Clearwater and SP Countr� C'lub Homes
�le restrictior
ndatory min
nitv Develo�
affordability period and thE
CQUncil in June 2008 tc� t�{
in accc�cdance with the Coi
requlations, requirinp 51 °/a
households at 8Q°lQ of are�
�� appropriate officials i� exe
8.2 Appoint Greqory Newland
four-vear term endina Dec
Flo
�� .� �� .,.,.G� �
income or k
e. (consent
were
Attachment number 1 \nPage 4
reflect a
iPolito,
:ar
the
�rant Proqram
�nits be sold to
nd authorize the
ber 31,:,:2014 on the Clearwater Firefighters
ly
and Electric Corporation for the replacement of antiquated qas
rice lines for the
of April 1. 2012 to March 31. 2013, and
8.4 Approve the Amended and Restated Aqreement between the City of Clearwater
(City) and The Lonq Center Foundation. Inc (Foundation) reqardinq the Lonq
Center (Facilitvl until terminated bv one of the Parties and authorize the
Counci12012-04-OS 4
Item # 7
Attachment number 1 \nPage 5
appropriate officials to execute same. (consent)
8.5 Approve a new Capital Improvement Proiect entitled North Greenwood Athletic
Fields (CIP 315-93629) for $300,000, to be funded from Communitv
Development Block Grant (CDBG), and amend the proiect budqet to recoqnize
$25,000 donation from Clearwater for Youth (CFY), as well as any additional
funds available from CDBG, when either a written aqreemer��,',.i� pr�irid��i or
when the funds are received. (consent)
See below.
8.6 Approve co-sponsorship and waiver of requested City fe�:s and s�
for Fiscal Year 2012/13 special events, including five annual Cifiy �
twelve City co-sponsored events (an increase of four events„�„ a# �
General Fund cost of $363,340 ($24,300 cash contributions an�i �
kind contributions) and Enterprise Fund cost and fee waiver of $1�
purposes of Fiscal Year 2012/13 departmental budqet submittals:
8.7 Approve the qrant apreement betwee
Department of Environmental Protect
::
i�r a rcecreau�na� i ia��s r
construction of the Lake E
Pinellas fu
8.9 Authorize fundinc
requirements, in �
Republican Natio
; , $1,365,305.44 to
Portable Radios ;
' uuith Sec. 2.564(1
' �roiect 315-9424
notf
archi
ents and
estimated
39,040 in-
.790 for the
of Clearw�fier and the 1
of Gre�;nwaus and Trai
Trail and authorize the appro�riate officials to
150,000, f�r
otechnical;, �
and Fred Cc
w Capital Im
liminary desipn work includin�
�r the renovations of
ent Proiect entitled Sid
ice and Fire r�lated staffinq and radio communication
___i _rm� nwA�nnr ee .._ ___r.__.__r.___ _ri�__ nnwn
n(RNC); approve a contract (purchase order) for
�ns International of Tampa. FL for 300 P7350
`Code of Ordinances Other qovernmental bid: establish
Radio Replacements: authorize fundinq of $1.765.305
�ns: authorize the allocation of $1.084.000 from
retained earninqs; and authorize the appropriate officials to
8.10 Approve a Blanket Purchase Order to T. Wayne Hill Truckinq. Inc., of Bartow. FL
Counci12012-04-OS 5
Item # 7
Attachment number 1 \nPage 6
in the amount of $1.425.306.96 for biosolids services for a one-year period with
two optional annual extensions and authorize the appropriate officials to execute
same. (consent)
8.11 Approve an increase and a one-year extension to an existinq three-year contract
�
$197,300.00, for a new total value of $1,200,556.48 for the P
and authorize the aaaroariate officials to execute same. (con:
nt
Specialists Technologies LLC, of Sanford, FL in the arnount of $1
copper precipitant TR-50, and authorize the
same. (consent)
Councilmember Jay Polglaze moved to approve
Item 8.5, and authorize the appropriate officials �
seconded and carried unanimously.
�
Fields (CIP 31
�
ices
�da as �ulamitted, less
The motic�n was duly
� •� , �� • • �;s .�• �•
:, �; _- • 11 � �, . e 1 ' 1 1 ' . Y ' 4 '" i: . � - ,�. �.�; �.. � � • � - � •
The North Greenwc�Qd Recreatic�n and Aquatic Center (NGRAC) located on Martin
Luther King Jr. BQUleu�rd has b�er� in operation for the past 8 years and has
become a hub for recreational, soci�) and leisure time activities for the residents in
the North West sec#iQn of Clearwafier: Recent improvements to NGRAC as well
as the North Greenwoc�d Library (NGL) have allowed for new partnerships with
the MLK Jr. Family Center and the Boys and Girls Club to provide expanded
programming to the community. Together, the NGRAC, NGL, Jack Russell
Stadium and the I�rg� green space used for parking offer a campus type
a#m�sphere where many of the needs of the community can be met. The only
green space fior children in the North Greenwood area to play sports on is at
Phi�li�a .lc�ne� Ballfield and property owned by Pinellas County School Board
behind Clearwater Comprehensive School.
Approximately two years ago, Phillip Jones field, home of the Greenwood
Panthers, was closed due to environmental issues. Staff is proposing that the
grass parking lot be retained as green space and that practice fields be
Counci12012-04-OS 6
Item # 7
Attachment number 1 \nPage 7
constructed for the youth of North Greenwood. Construction would include raising
the area with additional dirt, irrigation, grassing, fencing and lighting. Staff has
met with Winning Inning and they fully support the project, realizing that some
modifications to parking may have to be modified as well as their agreement with
the City regarding Jack Russell Stadium.
The first phase of this project is being requested now due to the availability of
unused CDBG funds. This phase will consist of the construction of �n� full siz
multipurpose-lighted football/soccer practice field. The second phase; which i:
a part of this item, will be to construct additional practice fia�ilities on the site.
main user groups will be the Greenwood Panthers Yout� Fciotball proc�ram an
the partner agencies at NGRAC.
In addition to the CDBG funds of $300,000, a donation
secured from CFY. Once these funds are received, CI
amended to reflect donations.
In response to a question, Parks and Recreation Directoi
Jones facility will be renovated to a game facility, which ii
boxes, and concession stands.
Councilmember Bill Jonson moued tc� approve a new Ga�
entitled North Greenwood Athletic Fields (CIP 315-9�62�
from Community Development Blt�ck Grant (CDB�); �nd
recacanize a 9�25.QQ0 donation from: Clearwater for YQUth
the funds
City Manager Re
9. Other Items on
e from CDBG, when either'
i�ed, TM�;�mc�tion was duly
ger
has been
9 will be
Keuira Qunbar said th�:�Phillip
�clueles bleachers, press
>ital ImpraV�m�nt Project
) for $30�,�QQ;� tc��be funded
amend �he project budget to
(CFY), as well as any
��n agreement is provided or
aded and carried unanimously.
(SHIP) Local Housir�� A�sistance Plan coverinq State Fiscal Years 2012-2015,
adoat Resolution 12�t�� and authorize the aaaroariate officials to execute same.
statute 42U.9Q79 requires counties and cities receiving State Housing
�s Partnership (SHIP) Program funds to develop a 3-year Local Housing
nc� Plan (LHAP) outlining strategies for how the funds will be utilized.
The City receives its allocation from the State of Florida through Florida Housing
Finance Corporation (FHFC). For fiscal year 2011-2012, the City received
$96,983 in SHIP funds. The City expects to receive $100,000 in program income.
The City expends SHIP funds per the strategies outlined in the LHAP. Our current
LHAP covers state fiscal years 2009-2012.
Counci12012-04-OS 7
Item # 7
Attachment number 1 \nPage 8
This new LHAP will cover state fiscal years 2012-2015. The strategies outlined in
the new LHAP are a continuation of our current LHAP. All changes made within
the 2012-2015 LHAP will be retroactive to the 2009-2012 LHAP to be able to use
prior year funds if available. The strategies Include:
• Down Payment and Closing Costs Assistance for Newly Constructed
Homes: The City will use SHIP funds to provide down payment and closing
cost assistance to eligible homebuyers purchasing newly constructed
homes.
• Down Payment and Closing Costs Assistance With� c�r Without
Rehabilitation: The City will use SHIP funds to prc�vid�; down �ayment and
closing costs assistance to eligible homebuyers purchasing +��cisting
homes.
• Owner-occupied Rehabilitation: The City will provide funds for the
rehabilitation of owner-occupied single-family resid�:nces.
• Multi-Family Housing: The City will provide SHIP loans to support the
acquisition, rehabilitation and new constru��ic�n of rental housing.
• Disaster Mitigation: In the case of natural or man-made disasters, this
strategy will utilize SHIP funding for:�mergency°Qr interim repairs. °
Resolution 12-08 outlines
allocation ($350,000) frorr
Housing Advisory Cornmi�
and prc�c�dures, ordinanc
42�:�076. in addition, the
proqram �]nci will use the i
Per Florida Sta1
fiscal years 201
Finance Coraor
� since trte c;'�ty �s
; 5tate, tne City i:
to conduct a trier
land developm�:n
y finds that it n�:�:i
imum sales price
e t;ity c�
by reso
a May 2,
iving less #han the minimum
;ting not tc� fc�rm an Affordable
review of �stablished policies
,�lations, etc. according to s.
°/o of SHIP to administer the
ablished by the US Treasury.
il is being asked to adopt the LHAP for State
. The LHAP is due to the Florida Housing
�ouncilmember poreen HQCI��DiPolito moved to approve the City of Clearwater's State
HQU�ing Initiatives Partn�:rship Program (SHIP) Local Housing Assistance Plan covering
Sta�e Fiscal Years 201��2�15. The motion was duly seconded and carried
unanimc�usly.
Resolution 12=Q8 was presented and read by title only. Councilmember Jay Polglaze
moved to adop# Resolution 12-08. The motion was duly seconded and upon roll call, the
vote was:
"Ayes": Mayor George N. Cretekos, Councilmember poreen Hock-DiPolito,
Councilmember Paul Gibson, Councilmember Bill Jonson, and
Counci12012-04-OS 8
Item # 7
"Nays"
Councilmember Jay Polglaze.
None.
9_2 No Item
9.3 Amend the Communitv Development Code, Section 47.
alternate member to the Buildinq Flood Board of Adjust�
pass Ordinance 8318-12 on first readinq.
At the January 9, 2012 work session meeting, City Co
regarding the Building/Flood Board of Adjustment and
meeting due to lack of quorum. Staff was directed to a
the board. _
Ordinance 8318-12 amends the Commun��?
47.031(1), by adding an alternate memb�r 1
Adjustment and Appeals.
The Community Developmen# Board re�riev�
2012 meeting and recomrnended approval.
a
Attachment number 1 \nPage 9
ea a conc�;
Id not hold �
it� member
:lopment Code, Se�
BuildinalFlood Boa
ance afi their March`"20,
Councilmemb�r Bill Jonson mc�ved to amend the Community Deu�:lopment Code,
Sectic�n 47.��1(1) by adding ar� alternate member;to th� Building Flood Board of
Adjustment and App�:als. The rn�t�c�n was duly secQ�ded and carried unanimously.
Ordinance 8318-12 was presented and r�ad by title only. Vice Mayor Paul Gibson
moved to approve Ordin�nce 8318-12`Qn first reading. The motion was duly seconded
and upon roll call, the vote:was:
,, .... .
„N ay�„'
9.4 C
Mayor Georg� N_ Cretekos, Councilmember poreen Hock-DiPolito,
Councilmernber Paul Gibson, Councilmember Bill Jonson, and
Councilmember Jay Polglaze.
N
Auth�ritv board with term to expire September 30, 2016.
Mayor George N. Cretekos said he selected Nino Accetta for the appointment.
Counci12012-04-OS 9
Item # 7
Attachment number 1 \nPage 1i
Vice Mayor Paul Gibson moved to confirm the Mayor's appointment of Nino Accetta to
the Clearwater Housing Authority board with term to expire September 30, 2016. The
motion was duly seconded and carried unanimously.
Miscellaneous Reports and Items
,.- ., -.. .
. . . . .
Mayor George N
recent and upcoming
The meeting was adjourned at 7:34 p.m.
Counci12012-04-OS 10
Item # 7
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:4/19/2012
Continue to May 17, 2012: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial
Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2172 Burnice Drive (Lot 5, Glen Ellyn Estates
in Section 24, Township 29 South, Range 15 East) together with the abutting right-of-way of Burnice Drive and together with the
additional right of way of Burnice Drive abutting 2160 and 2166 Burnice Drive; and Pass Ordinances 8319-12, 8320-12 and 8321-
12 on first reading. (ANX2012-02001)
SUMMARY:
This voluntary annexation petition involves a 0.237-acre property consisting of one parcel of land occupied by a
single-family dwelling. It is located on the north side of Burnice Drive approximately 345 feet west of Belcher
Road. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from
the City. The Planning and Development Department is requesting that the 0.3098-acres of abutting and
adjacent right-of-way of Burnice Drive not currently within the City limits also be annexed. The property is
contiguous to existing City boundaries to the north, east, and west. It is proposed that the property be assigned a
Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium
Density Residential (LMDR).
The Planning and Development Department determined that the proposed annexation is consistent with the
provisions of Clearwater Community Development Code Section 4-604.E as follows:
The property currently receives water service from Pinellas County. Collection of solid waste and sewer
service will be provided by the City. The property is located within Police District III and service will be
administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and
emergency medical services will be provided to this property by Station 47 located at 1480 Lakeview
Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and
EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of
service; and
The proposed annexation is consistent with and promotes the following objective of the Clearwater
Comprehensive Plan:
Objective A.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.
Cover Memo
Policy A.7.2.3 Continue to process voluntary annexations for single-family residenti�� prope�ties
upon request. e�n fi�
. The proposed Residential Low (RL) Future Land Use Map category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium
Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in
the district and the property exceeds the district's minimum dimensional requirements. The proposed
annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and
Community Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to the north, east and west;
therefore, the annexation is consistent with Florida Statutes Chapter 171.044.
Review Approval:
Cover Memo
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Site: 2172 Burnice Drive
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ANX2012-02001
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Proposed Annexation
Owner: Brown, Brandy Case: ANX2012-02001
Site: 2172 Burnice Drive Property 0.237 acres
Size Acres : 0.3098 acres ROW
Land Use Zoning
P I N : 24-29-15-31050-000-0050
From : RL R-3
To: RL LMDR Atlas Page: 308B
S:�Planning Department\C D B\Annexations (ANX)�Active Cases�Bumice Dr 2172 ANX2012-02001 - Brown�lVlaps\ANX2012-�620�1 #$
Proposed.doc
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Future Land Use Map
Owner: Brown, Brandy
Site: 2172 Burnice Drive
Land Use Zoning
From :
To:
R-3
LMDR
Case:
Property
Size (Acre
71�1
Atlas Page
ANX2012-02001
0.237 acres
0.3098 acres ROW
24-29-15-31050-000-0050
�::
S:�Planning Department\C D B\Annexations (ANX)�Active Cases�Bumice Dr 2172 ANX2012-02001 - Brown�lVlaps\ANX2012-�620�1 #$
Future Land Use.doc
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Owner: Brown, Brandy
Site: 2172 Burnice Drive
�and Use
From : RL
To: RL
Zoning Map
Zoning
R-3
LMDR
Case:
Property
Size (Acre
71�1
Atlas Page
ANX2012-02001
0.237 acres
0.3098 acres ROW
24-29-15-31050-000-0050
�::
S:�Planning Department\C D B\Annexations (ANX)�Active Cases�Bumice Dr 2172 ANX2012-02001 - Brown�lVlaps\ANX2012-�620�1 #$
Zoning.doc
Attachment number 1 \nPage 6
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Existing Surrounding Uses
Owner: Brown, Brandy Case: ANX2012-02001
Site: 2172 Burnice Drive Property 0.237 acres
Size Acres : 0.3098 acres ROW
Land Use Zoning
P I N : 24-29-15-31050-000-0050
From : RL R-3
To: RL LMDR Atlas Page: 308B
S:�Planning Department\C D B\Annexations (ANX)�Active Cases�Bumice Dr 2172 ANX2012-02001 - Brown�lVlaps\ANX2012-�620�1 #$
Existing Surrounding Uses.doc
View looking north at the subject property, 2172 Bumice Drive
East of the subject property
View looking westerly along Bumice Drive
Attachment number 1 \nPage 7
West of the subject property
Across the street, to the south of the subject
property
ANX2012-02001
Brown, Brandy
2172 Burnice Drive
View looking easterly along Bumice Drive
I[�ii�:�:3
Attachment number 2 \nPage 1
ORDINANCE NO. 8319-12
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED THE NORTH SIDE OF BURNICE DRIVE
APPROXIMATELY 345 FEET WEST OF BELCHER ROAD,
CONSISTING OF LOT 5, GLEN ELLYN ESTATES, WHOSE
POST OFFICE ADDRESS IS 2172 BURNICE DRIVE,
TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF
BURNICE DRIVE AND TOGETHER WITH THE
ADDITIONAL RIGHT-OF-WAY OF BURNICE DRIVE
ABUTTING 2160 AND 2166 BURNICE DRIVE, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID
ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
(ANX2012-02001) See attached legal description, Exhibit "A"
The map or maps attached as Exhibit(s) are hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning Director are directed to
include and show the property described herein upon the official maps and records of the
C ity.
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
I[�'ii�:�:3
Ordinance No. 8319-12
Approved as to form:
George N. Cretekos
Mayor
Attest:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 2 \nPage 2
I[�'ii�:�:3
Ordinance No. 8319-12
Attachment number 2 \nPage 3
EXHIBIT "A"
Lega) Description for Property located generally at 2172 Burnice Drive.
Parce) I.D. No. 24/29/15/31050/000/0050
Begin at the N.E. Corner of Section 24; Township 29 South; Range 15 East; and run South 0° 01' 41" East,
334.12' feet along the Section Line; thence run North 89° 04' 35" West 1331.53' feet to the 40 acre line;
thence run North 0° 08' 43.5" East — 334.27 feet to the Section line; thence run South 89° 03' 19" East
1330.52' feet to the Point of Beginning, together with the abutting right-of-way of Burnice Drive and
together with the additiona) right-of-way of Burnice Drive abutting 2160 and 2166 Burnice Drive.
I[�'ii�:�:3
Attachment number 2 \nPage 4
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Propose� Annexa�ion
Owner: Brown, Brandy Case: ANX2012-02001
Site: 2172 Burnice Drive Properfiy 0.237 peres
Size Acres : 0.3098 acres ROW
Land Use Zoning
P1N: 2429-15-31 Q50-000-0050
Fram : RL R-3
Ta: RL LMDR Atlas Page: 308B
Exhibit "B"
S:1Planning DepartmentlC D BlAnne�cations (ANX}IActive CaseslBumice Dr 2172 ANX20i2-02001 - BrownlMapslAN7{2012-b21Y(51' #$
Proposed.doc
Attachment number 3 \nPage 1
ORDINANCE NO. 8320-12
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 THE
NORTH SIDE OF BURNICE DRIVE APPROXIMATELY 345 FEET
WEST OF BELCHER ROAD, CONSISTING OF LOT 5, GLEN
ELLYN ESTATES, WHOSE POST OFFICE ADDRESS IS 2172
BURNICE DRIVE, TOGETHER WITH THE ABUTTING RIGHT-
OF-WAY OF BURNICE DRIVE AND TOGETHER WITH THE
ADDITIONAL RIGHT-OF-WAY OF BURNICE DRIVE ABUTTING
2160 AND 2166 BURNICE DRIVE, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described property,
upon annexation into the City of Clearwater, as follows:
Property
See attached legal description, Exhibit "A"
(ANX2012-02001)
Land Use Cateqorv
Residential Low (RL)
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. 8319-12.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
Ordinance No. 8320-12
I[�'ii�:�:3
Attachment number 3 \nPage 2
EXHIBIT "A"
Lega) Description for Property located generally at 2172 Burnice Drive.
Parce) I.D. No. 24/29/15/31050/000/0050
Begin at the N.E. Corner of Section 24; Township 29 South; Range 15 East; and run South 0° 01' 41" East,
334.12' feet along the Section Line; thence run North 89° 04' 35" West 1331.53' feet to the 40 acre line;
thence run North 0° 08' 43.5" East — 334.27 feet to the Section line; thence run South 89° 03' 19" East
1330.52' feet to the Point of Beginning, together with the abutting right-of-way of Burnice Drive and
together with the additiona) right-of-way of Burnice Drive abutting 2160 and 2166 Burnice Drive.
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Attachment number 4 \nPage 1
ORDINANCE NO. 8321-12
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED THE
NORTH SIDE OF BURNICE DRIVE APPROXIMATELY 345
FEET WEST OF BELCHER ROAD, CONSISTING OF LOT
5, GLEN ELLYN ESTATES, WHOSE POST OFFICE
ADDRESS IS 2172 BURNICE DRIVE, TOGETHER WITH
THE ABUTTING RIGHT-OF-WAY OF BURNICE DRIVE
AND TOGETHER WITH THE ADDITIONAL RIGHT-OF-
WAY OF BURNICE DRIVE ABUTTING 2160 AND 2166
BURNICE DRIVE, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property
See attached legal description, Exhibit "A"
(ANX2012-02001)
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. 8319-12.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
I[�'ii�:�:3
Ordinance No. 8321-12
Approved as to form: Attest:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 4 \nPage 2
I[�'ii�:�:3
Ordinance No. 8321-12
Attachment number 4 \nPage 3
EXHIBIT "A"
Lega) Description for Property located generally at 2172 Burnice Drive.
Parce) I.D. No. 24/29/15/31050/000/0050
Begin at the N.E. Corner of Section 24; Township 29 South; Range 15 East; and run South 0° 01' 41" East,
334.12' feet along the Section Line; thence run North 89° 04' 35" West 1331.53' feet to the 40 acre line;
thence run North 0° 08' 43.5" East — 334.27 feet to the Section line; thence run South 89° 03' 19" East
1330.52' feet to the Point of Beginning, together with the abutting right-of-way of Burnice Drive and
together with the additiona) right-of-way of Burnice Drive abutting 2160 and 2166 Burnice Drive.
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Owner: Srown, Brandy
Site: 2172 B�rnice Drive
Land l�se
From :
To:
RL
RL
Zoning Map.
Zoning
R-3
LMDR
Exhibit "B"
Case:
Property
PIN
ANX2012-02001
0.237 acres
: 0.3098 acres RO�
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24-29-15-3 i 054-Q00-4050
Atlas Page: � 3086
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Zoning.doc
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:4/19/2012
Approve a Future Land Use Map Amendment from the Residential Urban (RU) Classi�cation to the Institutional (I) Classi�cation
and a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Institutional (� District for
property located at 3043 and 3047 Cleveland Street (consisting of the South'/z of the Southwest'/a of the Northwest'/a of the
Northwest'/4 of Section 16, Township 29 South, Range 16 East less and except the South 32 feet thereof, and less the north 20 feet
thereof ), and pass Ordinances 8316-12 and 8317-12 on first reading.(LUP2012-01001 and REZ2012-01001)
SUMMARY:
This future land use map amendment and rezoning application involves 0.41-acres of property located on C1eveland Street
south of Drew Street and west of McMullen Booth Road. The property is comprised of two parcels, which are currently
vacant. The request is to change the property's Future Land Use Map designation of Residential Urban (RU) to Institutional
(I) and the zoning district from Low Medium Density Residential (LMDR) to Institutional (I).
The parcels are owned by Calvary Baptist Church, which is located on the corner of Drew Street and McMullen Booth
Road. The church has been purchasing parcels adjacent to and in the vicinity of the subject property over the last several
years in order to accommodate growth of the church, associated school campus and athletic facilities, including a recently
constructed a football stadium located northwest of the subject property. In 2010, the city approved a future land use
amendment from the Residential Urban (RU) Classification to the Institutional (I) Classification and a rezoning from Low
Medium Density Residential (LMDR) to Institutional (I) for 29 parcels comprising 5.43 acres located south of the subject
property (LUZ2009-12004 and LUZ2010-05001).
The Planning and Development Department has determined that the proposed future land use mapamendment and zoning
atias amendment isconsistent with the Community Deveiopment Code as specified beiow:
The proposed amendment is consistent with the Comprehensive P1an, the Countywide P1an Ru1es, and the
Community Development Code
The proposed amendment is compatible with the surrounding property and character of the neighborhood
The available uses in the Institutional (I) District are compatible with the surrounding area
The Community Development Board reviewed these applications at its public hearing on March 20, 2012 and recommended
approval of the Future Land Use P1an amendment and Zoning At1as amendment with a vote of 5-1, with one member
abstaining.
Review Approval:
Cover Memo
��11�:�%�
Attachment number 1 \nPage 1
ORDINANCE NO. 8316-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED '/4 MILE SOUTH OF DREW STREET ON WEST SIDE
OF MCMULLEN BOOTH ROAD, CONSISTING OF THE EAST
115 FEET OF THE NORTH 142.0 FEET OF THE SOUTH '/2 OF
THE SOUTHWEST �/4 OF THE NORTHWEST '/4 OF THE
NORTHWEST '/4 OF SECTION 16, TOWNSHIP 29 SOUTH,
RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, LESS THE
SOUTH 32 FEET THEREOF, AND LESS THE NORTH 20 FEET
THEREOF AND THE WEST 86.05 FEET OF THE NORTH 110
FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER
OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16
EAST, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
LESS THE NORTH 20 FEET THEREOF CONVEYED TO THE
CITY OF CLEARWATER BY WARRANTY DEED RECORDED
APRIL10, 1970 IN O.R. BOOK 3308, PAGE 517, PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA, WHOSE POST
OFFICE ADDRESS IS 3043 AND 3047 CLEVELAND STREET;
FROM RESIDENTIAL URBAN (RU), TO INSTITUTIONAL (I);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Propertv
See Exhibit "A"
(LUP2012-01001)
Land Use Cateqorv
From: Residential Urban (RU)
To: Institutional (I)
The map 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.
I[�'ii�:�'7
Ordinance No. 8316-12
Attachment number 1 \nPage 2
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
George N. Cretekos
Mayor
Attest:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
I[�'ii�:�'7
Ordinance No. 8316-12
Attachment number 1 \nPage 3
EXHIBIT "A"
Lega) Description for Properties located generally at 3043 Cleveland Street and 3047 Cleveland Street
Parce) I.D. No. 16/29/16/00000/220/1300
The East 115 feet of the North 142.0 feet of the South %z of the Southwest % of the Northwest % of the
Northwest % of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, LESS the South
32 feet thereof, and LESS the North 20 feet thereof.
Parce) I.D. No. 16/29/16/00000/220/1500
The West 86.05 feet of the North 110 feet of the South half of the Southeast Quarter of the Northwest
Quarter of the Northwest Quarter of Section 16. Township 29 South, Range 16 East, Public Records of
Pinellas County, Florida, LESS the North 20 feet thereof conveyed to the City of Clearwater by Warranty
Deed recorded Apri) 10, 1970 in O.R. Book 3308, Page 517, Public Records of Pinellas County, Florida.
I[�'ii�:�'7
Attachment number 1 \nPage 4
EXH3BIT "B"
C:IDocuments and Settings1e11en.ayolLocal SeEtingslTemporary Liternet FileslContent.0ut1ook1S29TIX6V1LUP2012-01001 RE�� #
OIODI Future Land lise Map.doc
Attachment number 2 \nPage 1
ORDINANCE NO. 8317-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED '/4 MILE SOUTH OF DREW
STREET ON WEST SIDE OF MCMULLEN BOOTH ROAD,
CONSISTING OF THE EAST 115 FEET OF THE NORTH 142.0
FEET OF THE SOUTH '/2 OF THE SOUTHWEST '/4 OF THE
NORTHWEST �/4 OF THE NORTHWEST '/4 OF SECTION 16,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY,
FLORIDA, LESS THE SOUTH 32 FEET THEREOF, AND LESS
THE NORTH 20 FEET THEREOF AND THE WEST 86.05 FEET
OF THE NORTH 110 FEET OF THE SOUTH HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 29
SOUTH, RANGE 16 EAST, PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA. LESS THE NORTH 20 FEET THEREOF
CONVEYED TO THE CITY OF CLEARWATER BY WARRANTY
DEED RECORDED APRIL10, 1970 IN O.R. BOOK 3308, PAGE
517, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
WHOSE POST OFFICE ADDRESS IS 3043 AND 3047
CLEVELAND STREET; FROM LOW MEDIUM DENSITY
RESIDENTIAL (LMDR) TO INSTITUTIONAL (I) PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
See Exhibit "A"
Zoninq District
From: Low Medium Density
Residential (LMDR)
(REZ2012-01001) To: Institutional (I)
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, subject to the
approval of the land use designation set forth in Ordinance 8316-12 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive Planning
and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes.
I[�'ii�:�'7
Ordinance No. 8317-12
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
Attachment number 2 \nPage 2
I[�'ii�:�'7
Ordinance No. 8317-12
Attachment number 2 \nPage 3
EXHIBIT "A"
Lega) Description for Properties located generally at 3043 Cleveland Street and 3047 Cleveland Street
Parce) I.D. No. 16/29/16/00000/220/1300
The East 115 feet of the North 142.0 feet of the South %z of the Southwest % of the Northwest % of the
Northwest % of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, LESS the South
32 feet thereof, and LESS the North 20 feet thereof.
Parce) I.D. No. 16/29/16/00000/220/1500
The West 86.05 feet of the North 110 feet of the South half of the Southeast Quarter of the Northwest
Quarter of the Northwest Quarter of Section 16. Township 29 South, Range 16 East, Public Records of
Pinellas County, Florida, LESS the North 20 feet thereof conveyed to the City of Clearwater by Warranty
Deed recorded Apri) 10, 1970 in O.R. Book 3308, Page 517, Public Records of Pinellas County, Florida.
I[�'ii�:�'7
Attachment number 2 \nPage 4
EXHIBIT "$" {Q
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01001 Zoning Map.doc
Attachment number 3 \nPage 1
CDB Meetin�: March 20, 2012
Case Number: LUP2012-01001
Applicant: First Baptist Church of Clearwater a/k/a Calvary Baptist Church
Address: 3043 and 3047 Cleveland Street
A�enda Item: E.1 (Related to E.2�
STAFF REPORT
LAND USE PLAN AMENDMENT
L GENERAL INFORMATION
Request: To amend the present Future Land Use Map designation from Residential
Urban (RU) to Institutional (I)
Location: 3043 and 3047 Cleveland Street, located on the south side of Cleveland Street,
approximately 430 feet west of McMullen Booth Road and '/z mile south of
Drew Street.
Site Area: 17,859 square feet or 0.41 acres MOL
IL BACKGROUND
This case involves a 0.41-acre property located on Cleveland Street south of Drew Street
and west of McMullen Booth Road. The property is comprised of two parcels, which are
currently vacant. The parcels are owned by Calvary Baptist Church, which is located on the
corner of Drew Street and McMullen Booth Road. The church has been purchasing parcels
adj acent to and in the vicinity of the subj ect property over the last several years in order to
accommodate growth of the church, associated school campus and athletic facilities,
including a recently constructed a football stadium located northwest of the subject
property.
The request is to change the property's Future Land Use Map designation of Residential
Urban (RU) to Institutional (I). A request for a rezoning of the property from Low Medium
Density Residential (LMDR) to Institutional (I) is being processed concurrently with this
case (see REZ2012-01001).
Calvary Baptist Church has indicated that the intended future use of the property will be
parking integrated into a new parking lot, which will serve the church and football stadium,
as well as a planned baseball stadium. A site plan has not been submitted at this time;
however, the applicant provided a preliminary design as part of the application. Although
not required at the time of review for a Future Land Use Map designation change, city staff
has advised the applicant that the future design for the parking lot must be designed in such
a way that patrons using the parking spaces do not use Cleveland Street as a cut through to
McMullen Booth Road, in order to limit the impact to surrounding residential development.
Community Development Board — March 20, 2012 - Case LUP2012-01001-Page 1 of 7 �f@CTl # 9
C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\6EEB3A41-AlOC-48BA-8B04-
1835CA3E54D4\PDFConvert.16461.1.LUP2012-01001 staff report.docx
Attachment number 3 \nPage 2
IIL SITE AND VICINITY CHARACTERISTICS
A. Site Characteristics
The property is currently vacant. Two single family residences (one on each parcel) have
been removed. Adjacent to the property, to the east, are single family homes, to the west
south, and north is Calvary Baptist Church and its facilities, and immediately adjacent to the
north is a single family home.
B. Surrounding Future Land Use and Zoning Designations
a � � �
Direction Land Use FLUM Designation Zoning Atlas
Desi nation
North: Single Family Home, Residential Urban (RU), R-2 (County) and
Calvary Baptist Church Institutional (I) Institutional (I)
Owned Property
East: Single Family Homes Residential Urban (RU) R-2 (County) and
Institutional (I)
South: Single Family Homes, Institutional (I), R-2 (County) and
Calvary Baptist Church Residential Urban (RU) Institutional (I)
Owned Property
West: Calvary Baptist Church Institutional (I) Institutional (I)
Owned Property
C. Uses and Intensities Allowed by Present and Requested Future Land Use
Designations
� �, A � �,� ,� �, o �
� • e ° � , � �
Primary Uses: Urban Low Density Residential Public/Private Schools;
Churches; Public Offices;
Institutional
Maximum Density: 7.5 Dwelling Units Per Acre 12.5 Dwelling Units Per Acre
Maximum FAR 0.40; ISR 0.65 FAR 0.65; ISR 0.85
Intensit :
Consistent Zoning Low Medium Density Institutional (I)
Districts: Residential (LMDR); Medium
Density Residential (MDR)
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IV. REVIEW CRITERIA
No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended
for approval or receive a final action of approval unless it complies with the standards
contained in Section 4-603.F, Community Development Code.
A. Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-
603.F.2]
Recommended Findings of Fact:
Applicable goals, obj ectives and policies of the Clearwater Comprehensive Plan which
support the proposed amendment include:
Goal A.2 A sufficient variety and amount of Future Land Use categories shall be
provided to accommodate public demand and promote infill development.
Goal A.4 The City shall not permit development to occur unless an adequate level of
service is available to accommodate the impacts of development. Areas in which the
impact of existing development exceeds the desired levels of service will be upgraded
consistent with the target dates for infrastructure improvements included in the
applicable functional plan element.
Policy A.6.2.1 On a continuing basis, the Community Development Code and the site
plan approval process shall be utilized in promoting infill development and/or planned
developments that are compatible.
Recommended Conclusions of Law
The request does not conflict with the goals, obj ectives and policies of the Clearwater
Comprehensive Plan and furthers said plan as indicated in the following. The proposed
integration of the property into the larger church campus is compatible with the mix of
uses in the area. When a site plan is submitted, the Community Development Code will
be used to ensure compatibility with the remaining surrounding residential properties.
In addition, the proposal does not degrade the level of service for public facilities below
the adopted standards (a detailed public facilities analysis follows in this report).
B. Consistency with the Countywide Plan Rules
Recommended Findings of Fact:
Section 2.3.3.7.3 of the Countywide Plan Rules states that the purpose of the
Institutional (I) future land use classification is to depict those areas of the county that
are now used, or appropriate to be used, for public/semi-public institutional purposes;
and to recognize such areas consistent with the need, character and scale of the
institutional use relative to surrounding uses, transportation facilities, and natural
resource features. Section 2.3.3.7.3 also states that the Institutional (I) future land use
classification is generally appropriate to those locations where educational, health,
public safety, civic, religious and like institutional uses are required to serve the
community; and to recognize the special needs of these uses relative to their relationship
with surrounding uses and transportation access.
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The subj ect property is located adj acent to Institutional (I) property owned by the same
institution (Calvary Baptist Church) which is on the southwest corner of Drew Street
and McMullen Booth Road, both signalized arterial roads, in an area that contains a mix
of residential, institutional, and office uses. Future use of the subj ect property as parking
for the overall institutional (church) campus is consistent with the purposes of the
Institutional (I) future land use category and compatible with surrounding properties and
the neighborhood.
Recommended Conclusions of Law
The proposed Future Land Use Map amendment is consistent with the purpose and
locational characteristics of the Countywide Plan Rules.
C. Compatibility with Surrounding Property/Character of the City & Neighborhood
[Section 4-603.F.3 and Section 4-603.F.6]
Recommended Findings of Fact:
Existing surrounding uses consist of single family homes and institutional property
owned by the applicant. The future land use designations of surrounding properties
include Institutional (I) and Residential Urban (RU). The proposed integration of the
subject property into the larger church campus for use of parking on the subject property
is compatible with the surrounding properties and neighborhood.
The proposed Institutional (I) future land use category permits 12.5 units per acre and a
floor area ratio (FAR) of 0.65. The future land use designations of surrounding
properties include Residential Urban (RU) (7.5 Dwelling Units Per Acre; FAR 0.40),
and Institutional (I).
Recommended Conclusions of Law
The Institutional (� future land use classification requested is consistent with the
surrounding future land use classifications that exist in the vicinity of the subject
property. The proposed future land use designation will allow the development of
additional institutional facilities and parking at a density and scale that is consistent with
existing institutional and residential uses in the vicinity of the subject property. As such,
the proposed amendment will allow development that is in character with the
surrounding area.
The proposed Institutional (I) future land use designation is in character with the overall
Future Land Use Map designations in the area. Further, the proposal is compatible with
surrounding uses and consistent with the character of the surrounding properties and
neighborhood.
D. Sufficiency of Public Facilities [Section 4-603.F.4]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on
the property, the maximum development potential of the property under the present and
requested Future Land Use Map designations was analyzed (see Table 1). The request
for amendment to the Institutional (I) Future Land Use Map category would increase the
amount of development potential allowed on the site (see Table 1 below).
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Table 1. Development Potential for Existing & Proposed FLUM Designations
Present FLUM Requested FLUM
Designation Designation Net Change
«R U» «I»
0.41 AC 0.41 AC
Site Area (17,859 SF) (17,859 SF)
Maximum 3 DUs 5 DUs 2 DUs
Development 7,143 SF 11,608 SF 4,465 SF
Potential 0.40 FAR 0.65 FAR 0.25 FAR
Abbreviations:
FLUM — Future Land Use Map DUs — Dwelling units
AC — Acres FAR — Floor area ratio
SF — Square feet
As shown in Table 2 below, the proposed change will not degrade public facilities and
services below acceptable levels.
Table 2. Public Facilities Level of Service Analysis
� � ° � � � E Net Capacity
Public Change Available?
Facility/Service present FLUM Requested FLUM
Designation
"RU" Designation "P'
Streets 28 Trips 43 Trips 15 Yes
Potable Water 703 GPD 929 GPD 226 Yes
Wastewater 781 GPD 1,161 GPD 380 Yes
Solid Waste 7.6 Tons/Year 1.7 Ton/Year -5.9 Yes
Parkland 0.0 Acres 0.0 Acres 0 Yes
Public School
Facilities3 Yes
Elementary 1 Student 1 Student 0 Yes
Middle 0
School 1 Student 1 Student Yes
High School 1 Student 1 Student 0 Yes
Notes:
1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules.
- Residential Urban (Ri�
- Institutional (�
2. GPD — Gallons per day.
3. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit.
4. Pinellas County School Board student generation rate per unit
- Elementary School: 015 students per unit x# units
- Middle School: 0.07 students per unit x# units
- High School: 010 students per unit x# units
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As shown in Table 3 below, the potential additional maximum daily trips associated
with the request for amendment to the Institutional (I) Future Land Use designation
would not lower the operating level of service for McMullen Booth Road. If an
Institutional building were constructed on the site, it would have the potential to
generate an additional 5 PM Peak Hour trips compared to the maximum number of
residential units allowed in the current future land use category of Residential Urban
(RU). The segment of McMullen Booth Road is currently operating at a Level of
Service F, which is below the adopted roadway level of service standard, but the
potential addition of 5 trips on this roadway is de minimis.
Table 3: Maximum Potential Traffic
McMullen Booth Road Existing Current Proposed Net
(Gulf to Bay Blvd. to Sunset Point Rd) Conditions FLUMi FLUM� Trips
Potential Additional Maximum Daily Trips N/A 28 79 51
Potential Additional Maximum PM Peak N/A 3 8 5
HourTrips3
Roadway Volume (Annual Average Daily) 55,446 55,474 55,525 51
Roadway Volume (PM Peak Hour) 5,267 5,270 5,275 5
Roadway Level of Service PM Peak Hour F F F
Adopted Roadway Level of Service Standard D Peak Hour
Abbreviations and Notes:
N/A = Not Applicable.
FLUM = Future Land Use Map, Clearwater Comprehensive Plan.
1. Based on PPC calculations of 68 trips per day per acre in the Residential Urban (Ri� future land use category.
2. Based on PPC calculations of 192 trips per day per acre in the Institutional (I) future land use category.
3. Based on MPO K-factor of 0.095.
4. Source: Pinellas County Metropolitan Planning Organization 2011 Level of Service Report.
5. Based on a comparison between the Pinellas County Metropolitan Planning Organization 2011 Level of Service Report
and the 2009 Florida Department of Transportation Quality/Level of Service Handbook.
Recommended Conclusions of Law
Based upon the findings of fact, it is determined that the traffic generated by the
proposed amendment will not result in the degradation of the existing level of service on
McMullen Booth Road. There is an increase in demand for potable water and generation
of wastewater, but there is adequate capacity to accommodate the maximum demand
generated by the proposed amendment. Furthermore, solid waste, parkland, recreation
facilities, and public school facilities will not be affected by the proposed amendment.
E. Impact on Natural Resources [Section 4-603.F.5]
Recommended Findings of Fact:
No wetlands appear to be located on the subject property. The property is intended to be
integrated into the overall church campus as parking. There are trees and landscaping on
site.
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Recommended Conclusions of Law
Based on current information, no wetlands appear to be located on the subject property.
The intent of the applicant is to use the property as parking as part of a larger parking
lot system for the church. The proposed redevelopment is required to be compliant with
the City's tree preservation and storm water management requirements.
V. REVIEW PROCEDURE
Approval of the Future Land Use Map amendment does not guarantee the right to develop
the subj ect property. The Future Land Use Map amendment is subj ect to approval by the
Pinellas Planning Council and Board of County Commissioners acting as the Countywide
Planning Authority. Based on the size of the parcel, review and approval by the Florida
Department of Economic Opportunity (Division of Community Planning) is not required.
The property owner must comply with all laws and ordinances in effect at the time
development permits are requested, including transportation concurrency provisions of the
Concurrency Management System in Division 9, Community Development Code.
VL RECOMMENDATION
Based on the foregoing, the Planning and Development Department recommends the
following action:
Recommend APPROVAL of the request for Future Land Use Map amendment from the
Residential Urban (RU) classification to the Institutional (I) classification.
Prepared by Planning & Development Department staff:
Lauren Matzke, AICP
Long Range Planning Manager
Attachments:
Resume
Application for Future Land Use Plan Amendment
Location Map
Aerial Photograph of Site and Vicinity
Future Land Use Map
Zoning Map
Existing Surrounding Use Map
Site Photographs
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CDB Meetin�: March 20, 2012
Case Number: REZ2012-01001
Applicant: First Baptist Church of Clearwater a/k/a Calvary Baptist Church
Address: 3043 and 3047 Cleveland Street
A�enda Item: E2 (Related to E.1�
STAFF REPORT
ZONING ATLAS AMENDMENT
L GENERAL INFORMATION
Request: To amend the Zoning Atlas designation from the Low Medium Density
Residential (L1VIDR) District to the Institutional (� District
Location: 3043 and 3047 Cleveland Street, located on the south side of Cleveland
Street, approximately 430 feet west of McMullen Booth Road and '/z mile
south of Drew Street.
Site Area: 17,859 square feet or 0.41 acres MOL
IL BACKGROUND
This case involves a 0.41-acre property located on Cleveland Street south of Drew Street
and west of McMullen Booth Road. The property is comprised of two parcels, which are
currently vacant. The parcels are owned by Calvary Baptist Church, which is located on the
corner of Drew Street and McMullen Booth Road. The church has been purchasing parcels
adj acent to and in the vicinity of the subj ect property over the last several years in order to
accommodate growth of the church, associated school campus and athletic facilities,
including a recently constructed a football stadium located northwest of the subject
property.
The request is to change the property's Zoning Atlas designation of Low Medium Density
Residential (LMDR) to Institutional (�. A request for a future land use amendment of the
property from Residential Urban (RU) to Institutional (I) is being processed concurrently
with this case (see LUP2012-01001).
IIL SITE AND VICINITY CHARACTERISTICS
A. Site Characteristics
The property is currently vacant. Two single family residences (one on each parcel) have
been removed. Adjacent to the property, to the east, are single family homes, to the west
south, and north is Calvary Baptist Church and its facilities, and immediately adjacent to the
north is a single family home.
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B. Surrounding Future Land Use and Zoning Designations
m M � �
Direction Land Use FLUM Designation Zoning Atlas
Desi nation
North: Single Family Home, Residential Urban (RU), R-2 (County) and
Calvary Baptist Church Institutional (I) Institutional (I)
Owned Property
East: Single Family Homes Residential Urban (RU) R-2 (County) and
Institutional (I)
South: Single Family Homes, Institutional (I), R-2 (County) and
Calvary Baptist Church Residential Urban (RU) Institutional (I)
Owned Property
West: Calvary Baptist Church Institutional (I) Institutional (I)
Owned Property
IV. REVIEW CRITERIA
No amendment to the Zoning Atlas shall be recommended for approval or receive a final
action of approval unless it complies with the standards contained in Section 4-602.F,
Community Development Code.
A. Consistency of Development with the Clearwater Comprehensive Plan and
Community Development Code and City Regulations [Section 4-602.F.1]
Recommended Findings of Fact:
Applicable goals, obj ectives and policies of the Clearwater Comprehensive Plan which
support the proposed amendment include:
Goal A.4 The City shall not permit development to occur unless an adequate level of
service is available to accommodate the impacts of development. Areas in which the
impact of existing development exceeds the desired levels of service will be upgraded
consistent with the target dates for infrastructure improvements included in the
applicable functional plan element.
Policy A.6.2.1 On a continuing basis, the Community Development Code and the site
plan approval process shall be utilized in promoting infill development and/or planned
developments that are compatible.
Recommended Conclusions of Law
The request does not conflict with the goals, obj ectives and policies of the Clearwater
Comprehensive Plan and furthers said plan as indicated in the following. The proposed
integration of the property into the larger church campus is compatible with the mix of
uses in the area. When a site plan is submitted, the Community Development Code will
be used to ensure compatibility with the remaining surrounding residential properties.
In addition, the proposal does not degrade the level of service for public facilities below
the adopted standards (a detailed public facilities analysis follows in this report).
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B. Compatibility with Surrounding Property/Character of the City & Neighborhood
[Sections 4-602.F.2, 4-602.F.3 and 4-602.F.4]
Existing surrounding uses consist of single family homes and institutional property
owned by the applicant. The future land use designations of surrounding properties
include Institutional (I) and Residential Urban (RU). The proposed integration of the
subj ect property into the larger church campus for use of parking on the subj ect property
is compatible with the surrounding properties and neighborhood.
The proposed Institutional (I) District primarily permits government uses, educational
facilities, hospitals, nursing homes, places of worship, and schools. The intent of the
Institutional (I) District is to establish areas where public and private organizations can
establish and operate institutions with a public interest without adversely impacting the
integrity of adjacent residential neighborhoods, diminishing the scenic quality of City of
Clearwater or negatively impacting the safe and efficient movement of people and things
within the city.
The proposed Zoning Atlas designation will allow the property owned by Calvary
Baptist Church to be incorporated into the larger church campus and to serve as
additional parking for the expanded facilities. As such, the proposed amendment will
allow development that is in character with the surrounding area.
Recommended Conclusions of Law
The proposed Zoning Atlas designation is in character with the overall Zoning Atlas
designations in the area. Further, the proposal is compatible with surrounding uses and
consistent with the surrounding uses and character of the surrounding properties and
neighborhood. The Institutional (I) zoning district requested is consistent with the
surrounding zoning districts that exist in the vicinity of the subj ect property, and is
therefore consistent with the surrounding area.
C. Sufficiency of Public Facilities [Section 4-602.F.5]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on
the property, the maximum development potential of the property under the present and
requested Future Land Use Map and Zoning designations were analyzed. The request for
amendment to the Institutional (� Future Land Use Map category would increase the
amount of nonresidential floor area permitted by 4,465 square feet on the subject
property.
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Table 1. Development Potential for Existing & Proposed FLUM Designations
Present FLUM Requested FLUM
Designation Designation Net Change
«R U» «I»
0.41 AC 0.41 AC
Site Area (17,859 SF) (17,859 SF)
Maximum 3 DUs 5 DUs 2 DUs
Development 7,143 SF 11,608 SF 4,465 SF
Potential 0.40 FAR 0.65 FAR 0.25 FAR
Abbreviations:
FLUM — Future Land Use Map DUs — Dwelling units
AC — Acres FAR — Floor area ratio
SF — Square feet
The proposed change in designation would allow an increase in the allowable Floor
Area Ratio (thus an increase in square footage).
The current Residential Urban (RU) District primarily permits residential uses. The
proposed Institutional (I) District primarily permits school, church, government and
hospital uses.
As shown in Table 2 below, the proposed change will not degrade public facilities and
services below acceptable levels.
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Table 2. Public Facilities Level of Service Analysis
��° f a �� E Net Capacity
Public Change Available?
Facility/Service present FLUM Requested FLUM
Designation
"RU" Designation "P'
Streets 28 Trips 43 Trips 15 Yes
Potable Water 703 GPD 929 GPD 226 Yes
Wastewater 781 GPD 1,161 GPD 380 Yes
Solid Waste 7.6 Tons/Year 1.7 Ton/Year -5.9 Yes
Parkland 0.0 Acres 0.0 Acres 0 Yes
Public School
Facilities3 Yes
Elementary 1 Student 1 Student 0 Yes
Middle 0
School 1 Student 1 Student Yes
High School 1 Student 1 Student 0 Yes
Notes:
1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules.
- Residential Urban (RU)
- Institutional (I)
2. GPD — Gallons per day.
3. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit.
4. Pinellas County School Board student generation rate per unit
- Elementary School: 015 students per unit x# units
- Middle School: 0.07 students per unit x# units
- High School: 010 students per unit x# units
The Trip Generation Comparison by Zoning Atlas Designation in Table 3 below
indicates the estimated trip generation for specific uses allowed in the current and
proposed zoning districts based on the Institute of Transportation Engineer's (ITE) Trip
Ueneration 8t� Edition. The table shows that while the development of a church would
generate an increase of 77 trips per day compared to the previously existing single
family detached homes (already removed from the site). The proposed parking for the
church will not involve construction of additional institutional square footage; therefore,
it is unlikely any additional trips will be generated by a change to the Institutional (�
District on this property.
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Table 3: Trip Generation Comparison by Zoning Atlas Designation
PM Net
Avg. Net peak PM Change
Land Use Development Daily Change Trips Peak PM
Potential Trips Avg Daily Avg Trips Peak
Trips �te Trips
Existin Desi nation: Low Medium Densit Residential District
Single-Family 3 DUs 29 N/A 1.01 4 N/A
Detached Housingi
(9.57 trips/Dwelling
unit)
Proposed Designation: Institutional District
Church (9.11 11,608 SF 106 77 0.55 7 3
trips/1,000 SF GFA)
Abbreviations and Notes:
N/A = Not Applicable. SF = Square Feet GFA = Gross Floor Area
L Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 210.
2. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 560.
3. Total residential density permitted by the underlying Residential Urban (RU) category is 7.5 dwelling units per acre.
4. Total gross floor area ratio permitted by the underlying Institutional (� category is 0.65.
Recommended Conclusions of Law
Based upon the findings of fact, it is determined that the traffic generated by the
proposed amendment will not result in the degradation of the existing level of service on
McMullen Booth Road. The segment of McMullen Booth Road is currently operating at
a Level of Service F, which is below the adopted roadway level of service standard, but
the potential addition of 3 trips on this roadway is de minimis. There is an increase in
demand for potable water and generation of wastewater, but there is adequate capacity to
accommodate the maximum demand generated by the proposed amendment.
Furthermore, solid waste, parkland, recreation facilities, and public school facilities will
not be affected by the proposed amendment.
D. Location of District Boundaries [Section 4-602.F.6]
Recommended Findings of Fact:
The location of the proposed Institutional (I) District boundaries is consistent with the
boundaries of the subj ect property, and would consolidate the subj ect property into a
single zoning district. The proposed Institutional (I) District is compatible with the
single family residential uses to the east and north, and the church uses to the north, west
and south.
Recommended Conclusions of Law
The district boundaries are appropriately drawn in regard to location and classifications
of streets, ownership lines, existing improvements and the natural environment.
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V. REVIEW PROCEDURE
Approval of the Zoning Atlas amendment does not guarantee the right to develop the subj ect
property. The property owner must comply with all laws and ordinances in effect at the time
development permits are requested, including transportation concurrency provisions of the
Concurrency Management System in Division 9, Community Development Code.
VL RECOMMENDATION
Based on the foregoing, the Planning and Development Department recommends the
following action:
Recommend APPROVAL of the request for Zoning Atlas amendment from the Low
Medium Density Residential (LMDR) District to the Institutional (I) District.
Prepared by Planning & Development Department staff:
Lauren Matzke, AICP
Long Range Planning Manager
Attachments:
Resume
Application for Future Land Use Plan Amendment
Location Map
Aerial Photograph of Site and Vicinity
Future Land Use Map
Zoning Map
Existing Surrounding Use Map
Site Photographs
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Attachment number 5 \nPage 1
S:�Planning Department\C D B\Land Use Amendments�Active Cases\Cleveland St 3043 LUP2012-01001 First Baptist Churc���f`m # 9
Clearwater aka Calvary Baptist�lVlaps\LUP2012-01001 REZ2012-01001 Location Map.doc
Attachment number 5 \nPage 2
S:�Planning Department\C D B\Land Use Amendments�Active Cases\Cleveland St 3043 LUP2012-01001 First Baptist Churc���f`m # 9
Clearwater aka Calvary Baptist�lVlaps\LUP2012-01001 REZ2012-01001 Aerial.doc
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Attachment number 5 \nPage 4
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Existing Surrounding Uses Map
First Baptist Church of Clearwater, a/k/a
Calvary Baptist Case:
3043 Cleveland Street & Property
3047 Cleveland Street Size(Acres):
�and Use
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View looking south at the subject parcel, 3047 Cleveland Street
Across Street, north of 3047 Cleveland Street
Adjacent property west of 3047 Cleveland Street
Attachment number 5 \nPage 6
View looking south at the subject parcel, 3043 Cleveland Street
Across street, north of 3043 Cleveland Street
Adjacent property east of 3043 Cleveland Street
LUP2012-01001 and REZ2012-01001
First Baptist Church of Clearwater, FL
a/k/a Calvary Baptist Church Item # 9
3043 Cleveland Street & 3047 Cleveland Street
View looking easterly along Cleveland Street
Attachment number 5 \nPage 7
View looking westerly along Cleveland Street
LUP2012-01001 and REZ2012-01001
First Baptist Church of Clearwater, FL
a/k/a Calvary Baptist Church Item # 9
3043 and 3047 Cleveland Street
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:4/19/2012
Adopt Ordinance 8318-12 on second reading, amending the Community Development Code, Part II, section 47.031(1)
Building/Flood Board of Adjustment and Appeals to add an alternate member.
SUMMARY:
Review Approval:
Cover Memo
�[i�ii%�[I]
Attachment number 1 \nPage 1
ORDINANCE NO. 8318-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE, PART II,
SECTION 47.031(1) BUILDING/FLOOD BOARD OF
ADJUSTMENT AND APPEALS; BY ADDING AN ALTERNATE
MEMBER TO THE BUILDING/FLOOD BOARD OF
ADJUSTMENT AND APPEALS; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 47.031 — Created; membership; terms is hereby amended as
follows:
(1) There is hereby established the building/flood board of adjustment and appeals,
which shall consist of five members and one (1) alternate member. The
members of the board shall be appointed by the city manager.
(2) Members of the board shall be persons with knowledge and experience with the
technical codes adopted in this chapter, such as design professionals,
contractors or building industry representatives.
(3) A board member shall not act in a case in which the member has a personal or
financial interest.
(4) The term of office of a reqular board member shall be four years. Vacancies
shall be filled for an unexpired term by appointment by the city manager.
Continued absence of any member from required meetings of the board shall, at
the discretion of the city manager, render any such member subject to removal
from office. The alternate member shall serve at the pleasure of the city
manaqer for a four year term.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Item # 10
Ordinance No. 8318 -12
Approved as to form: Attest:
Leslie Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2
Item # 10
Ordinance No. 8318-12
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/19/2012
SUBJECT / RECOMMENDATION:
Approve settlement of a liability claim for payment of $40,000.00 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On May 20, 2011, a Solid Waste semi-tractor-trailer hit the claimant's automobile from the rear at a traffic light.
The claimant car suffered $3,578.29 in property damages.
The claimant suffered injuries and underwent medical treatment. The claimant's medical bills total $15,018.46. The
claim can be settled for a payment of $40,000.00 in exchange for a release of all claims against the City and the
City's driver.
The City's limit of liability as provided by Section 768.28, Florida Statutes is $100,000 per claim or a total of
$200,000 for all claims. The City's Risk Management Division and Claims Committee recommend this settlement.
Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance
Fund.
Type: Other
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
590-07000-545900-519-000
Review Approval:
2011 to 2012
Amount
$40,000.00
Budget Adjustment:
Annual Operating Cost:
Total Cost:
Appropriation Comment
None
$40,000.00
Cover Memo
��11�:��)
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:4/19/2012
Recommend the approval of a change to the distribution farmula for county funds through PPLC (Pinellas Public Library
Cooperative) to allow use for support of the countywide Automation System and countywide delivery services for library
materials. (consent)
SUMMARY:
The PPLC Board is requesting that the funds, which are currently restricted for capital projects, be repurposed to
be used for operating expenses that support countywide services. It is their intent to use the funds to support
delivery services and automation system support. Both of those items had been in member library line item
budgets in previous years but the Cooperative picked up the fees, utilizing state aid funds, beginning in 2008 to
alleviate some of the strain on local budgets. Unfortunately, state funds have declined to the point where this is no
longer an option.
Should the change not be approved by a majority of the participating cities in the PPLC Interlocal Agreement, the
additional cost to the Clearwater Public Library System budget would be approximately $50,000 a year.
Automation and delivery are critical services needed to continue the normal operation of the libraries.
At this time, 5% of county funds for libraries are used for capital projects, 5% are set aside for administration and
90% are distributed by formula to the cities. The requested change would affect only the capital funds and would
not affect the normal distribution. Clearwater has received support from the capital funds on a number of
occasions, but there are fewer building projects at this time and the requested change would only reduce the capital
funding level so there should be a limited impact on the intended purpose of the funds.
Review Approval:
Cover Memo
��11�:���
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:4/19/2012
Approve a new Capital Improvement Project entitled Mandalay Pier Demolition (CIP 315-92651) for $90,000 for the removal of a
deteriorating Pier located west of the Rockaway parking lot; and transfer funds at mid-year from the Parking Fund Reserves to cover
the cost of this project. (consent)
SUMMARY:
A concrete pier was constructed over 50 years ago on Clearwater Beach at a location west of the Rockaway parking lot. When the
pier was constructed it extended into the surf and was used by tourists and locals for fishing and sightseeing.
However, with the passing of time, the pier deteriorated and a portion was removed about 20 years ago. A small section was left even
though it stood several hundred yards from water's edge for tourist and visitors to the beach to use.
Staff is recommending that the remaining portion of the pier and remaining pilings from the original pier be removed due to further
deterioration, spalding of concrete and potential unsafe conditions.
A mid-year budget amendment will establish project 315-92651, Mandalay Pier Demolition, with the appropriation of $90,000 from
Parking Fund Reserves.
Type:
Capital expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Budget Adjustment: Yes
Mid-year budget amendment to establish project 315-92651, Mandalay Pier Demolition, with the appropriation of $90,000 from Parking
Fund Reserves.
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
315-92651
Review Approval:
$90,000
$90,000
2011 to 2012
Amount
$90,000
Annual Operating Cost:
Total Cost:
Appropriation Comment
$90,000
Cover Memo
��II�:�K�
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/19/2012
SUBJECT / RECOMMENDATION:
Award a contract (Blanket Purchase Order) to Jet Age Fuel of Clearwater, FL for an amount not to exceed $3,700,000 for the
purchase of unleaded and diesel fuel for city motorized equipment, as per the award of City of Clearwater RFP 19-10, during the
contract period May 1, 2012 through Apri130, 2013 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
This blanket purchase order covers the purchase of unleaded and diesel fuel delivered to the city fuel facility located
at the Solid Waste compound on Hercules Avenue. This fuel is used for all city equipment.
This is the first extension of a five-year contract leaving 2 years remaining.
Current price for unleaded is $3.66 per gallon and diesel is $3.71 per gallon. Research indicates that the cost of fuel
will continue to rise to a level above $4.00 per gallon for unleaded and diesel.
Type: Purchase
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost: $253,721.00
Not to Exceed:
For Fiscal Year: 5/1/2012 to 4/30/2013
Appropriation Code
566-06611-550500-519-000
Bid Required?:
Other Bid / Contract:
Review Approval:
Yes
Amount
$3,700,000
Budget Adjustment:
Annual Operating Cost:
Total Cost:
Appropriation Comment
BPO
Bid Number:
Bid Exceptions:
None
$253,721.00
City of
Clearwater
RFP 19-10
None
Cover Memo
��11�:���
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:4/19/2012
Approve a Cooperative Agreement between Pinellas County, the City of Clearwater, and the City of Largo for the development of the
Allen's Creek Watershed Management Plan in the amount of $111,605.00 and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
This Agreement is for the purpose of developing a Watershed Management Plan (WMP) for the Allen's Creek Watershed,
a portion of which is within the Clearwater Corporate limits.
The total project cost of $650,000 is funded by $325,000 in cooperative funding from the Southwest Florida Water
Management District (SWFWMD) and $325,000 from the Agreement Partners. The requested $111,605.00 is for
Clearwater's 34.34% share of the Partners' $325,000, and is for the part of Allen's Creek Watershed, which lies within the
City of Clearwater corporate limits.
The Agreement allows the partners to work together on a watershed that crosses political boundaries. This will provide a
more efficient and accurate process along with exploring improvements that may cross the same boundaries.
The completed Watershed Management Plan will identify solutions to reduce flooding and improve water quality.
In addition, development of Watershed Management Plans has been helpful in obtaining cooperative funding from the
Southwest Florida Water Management District for implementation of projects.
Sufficient budget is available in Capital Improvement Program (CIP) project 0315-96176, Allen's Creek Watershed
Management Plan, to fund the agreement.
Type:
Capital expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
See Summary
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
0315-96176-561200-539-000-
0000
Review Approval:
$111,605.00
$111,605.00
2011 to 2012
Amount
$111,605.00
Budget Adjustment:
Annual Operating Cost:
Total Cost:
Appropriation Comment
See summary
No
$111,605.00
Cover Memo
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� Al len's Creek Watershed ��� Watershed Outline
- ��'�� Enclave - Unincorporated CLW W E
P,ePa.�d bY: ❑ Clearwater Service Area �t m# 1
EngineeringDepartment 0 Outside Clearwater S
Geographic Technology Division
100 S. Myrtle Ave, pearwater, PL 33756
Ph:(727)562-4750,Fax:(727)526-4755 Map Gen By: CRM Reviewed By: TM Date:03/06/2012 Grid #: S-T-R: Scale: N.T.S.
www. My C I e arw at e r. c o m
Path: ViG15\Engineering\LOCatlon Maps�P,llen's Creek Watershetl.mxtl
Attachment number 2 \nPage 1
COOPERATIVE FUNDING AGREEMENT
BETWEEN
PINELLAS COUNTY, THE CITY OF CLEARWATER,
AND THE CITY OF LARGO
For
The Development of the Comprehensive Watershed Management Plan for Allen's Creek
THIS AGREEMENT is entered into this day of , 2011 by and among
PINELLAS COLTNTY, a political subdivision of the State of Florida (hereinafter COLTNTY),
the CITY OF CLEARWATER, a municipal corporation of the State of Florida (hereinafter
CLEARWATER), and the CITY OF LARGO, a municipal corporation of the State of Florida
(hereinafter LARGO).
WITNESSETH:
WHEREAS, this Agreement is for the purpose of developing a Comprehensive Watershed
Management Plan (hereinafter WMP) for Allen's Creek; and
WHEREAS, the COLTNTY, CLEARWATER, and LARGO (hereinafter PARTNERS) agree
that A11en's Creek is a critical resource of the County; and
WHEREAS, the PARTNERS acknowledge that Allen's Creek has impaired waters as
designated by 62-303 F.A.C. existing within the project area (Exhibit "A"); and
WHEREAS, the State's Total Maximum Daily Load (TMDL) regulations will be reflected in
the National Pollutant Discharge Elimination System (NPDES) permit requirements held by
the PARTNERS; and
WHEREAS, meeting the requirements of the State TMDL program will require local
governmental agencies to cooperate extensively on TMDL related studies and projects; and
WHEREAS, such intergovernmental cooperation will result in more efficient, cost effective
TMDL compliance for each governmental agency, and less duplication of efforts;
NOW, THEREFORE, in consideration of the premises and the mutual covenants, conditions
and terms set forth herein, the PARTNERS hereby mutually agree as follows:
Item # 15
Page 1 of 23
Attachment number 2 \nPage 2
SECTION l. PURPOSE
The purpose of this Agreement is to set forth the relationship of the PARTNERS with
respect to the following:
A. To define the general responsibilities of the PARTNERS in developing the
WMP.
B. To establish a cost allocation method to ensure equitable distribution of costs.
SECTION 2. GENERAL RESPONSIBILITIES - WMP development
A. The COLTNTY will be responsible to engage and secure a consultant to
develop the WMP with the Proposed Project Plan set forth in Exhibit `B."
B. The COLTNTY will administer the consultant contract.
C. The COLTNTY will ensure the WMP is completed by the consultant on or
before December 31, 2013.
D. The PARTNERS will provide all available information and data, as requested,
by the consultant for use in developing the WMP.
E. The PARTNERS will be provided copies of all meeting minutes, sign in
sheets, and draft deliverables for review and comment.
F. The PARTNERS agree to review all deliverables within the specified review
periods.
G. The PARTNERS will be provided copies of all final deliverables including
reports, models, and GIS files.
Item # 15
Page 2 of 23
Attachment number 2 \nPage 3
SECTION 3. PROJECT BUDGET AND COST ALLOCATION
A. Project Cost
1. The cost of the WMP is $650,000 and is budgeted in the Pinellas County
Capital Improvement Program budget under project number 1860.
B. Grants
l. The COLTNTY has secured $325,000 in outside funding.
C. Cost Allocation
1. The basis for cost allocation shall be the total project cost less the grant
funding or $325,000.
2. The percentage breakdown for each of the PARTNERS is as follows:
i. PINELLAS: 30.79% or $100,067.50
ii. CLEARWATER: 34.34% or $111,605.00
iii. LARGO: 34.87% or $113,327.50
3. The COUNTY shall invoice CLEARWATER and LARGO for their respective
contributions on a quarterly basis. Payments shall be made to the COLTNTY
within forty five (45) days of receipt of the invoice, and CLEARWATER and
LARGO may request supporting documentation from the COLTNTY to process
said invoices for payment. COLTNTY shall provide the requested documentation
within seven (7) days of receipt of the request.
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Attachment number 2 \nPage 4
SECTION 4. COPIES
Upon final execution of this document, the original will be filed with the Clerk of
Circuit Court of Pinellas County pursuant to Section 163.01, Florida Statutes. Two
(2) copies will be provided to each of the PARTNERS.
SECTION 5. NOTICES
All written notices to the PARTNERS under this Agreement shall be directed to the
following addresses:
Pinellas Countv:
Division Director
Watershed Management
300 South Garden Avenue
Clearwater, FL 33756
SECTION 6. AUDIT REQUIREMENTS
Clearwater:
Director of Engineering
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
Lar�o:
City Engineer
City of Largo
P.O. Box 296
Largo, FL 33779-0296
A. All PARTNERS' records shall be open to inspection and subject to
examination, audit, and/or reproduction during normal working hours by any
PARTNERS' agents or authorized representatives to the extent necessary to
adequately permit evaluation and verification of any invoices, payments or
claims submitted pursuant to the terms of this Agreement. These records shall
include, but not be limited to, accounting records, written policies and
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Attachment number 2 \nPage 5
procedures, subcontractor files (including proposals of successful and
unsuccessful bidders), original estimates, estimating worksheets,
correspondence, change order files (including documentation covering
negotiated final settlements), and any other supporting evidence necessary to
substantiate charges related to this Agreement. They shall also include, but
not be limited to, those records necessary to evaluate and verify direct and
indirect costs, including overhead allocations as they may apply to costs
associated with this Agreement.
B. For the purpose of such audits, inspections, examinations and evaluations, the
PARTNERS' agents or authorized representatives shall have access to said
records from the effective date of the Agreement for the duration of the work,
and until three (3) years after the date of final payment by the PARTNERS
pursuant to this Agreement.
C. The PARTNERS' agents or authorized representatives shall have access to all
facilities and all necessary records to the extent necessary to conduct audits in
compliance with this Section. The PARTNERS' agents or authorized
representatives shall give all other PARTNERS reasonable advance notice of
intended inspections, examinations, and/or audits.
SECTION 7. ENTIRE AGREEMENT
This Agreement together with Exhibits "A and B" embodies the whole Agreement of
the PARTNERS. There are no promises, terms, conditions or allegations other than
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Attachment number 2 \nPage 6
those contained herein and this document shall supercede all previous
communications, representations and/or agreements, whether written or verbal,
between the PARTNERS hereto. This Agreement may be modified only in writing,
executed by all PARTNERS.
SECTION 8. AGREEMENT TERM
This Agreement shall take effect as provided in Section 12 and shall remain in effect
until December 31, 2013, unless renewed in writing by mutual agreement of all
PARTNERS hereto for an additional length of time.
SECTION 9. HOLD HARMLESS
The PARTNERS hereto 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 to
the extent permitted by section 76828, Florida Statutes. Nothing herein shall be
construed as consent by the PARTNERS to be sued by third parties in any manner
arising out of this Agreement.
SECTION 10. EFFECTIVE DATE
This Agreement shall take effect upon execution by the PARTNERS.
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Attachment number 2 \nPage 7
IN WITNESS WHEREOF, the undersigned have hereunto affixed their hands and seals as
the day and year first above written.
PINELLAS COLTNTY, by and through its County Administrator
I�
Robert S. LaSala, County Administrator
WITNESS:
I�
APPROVED AS TO FORM:
I�
Office of County Attorney
(Official Seal)
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Attachment number 2 \nPage 8
COOPERATIVE AGREEMENT
BETWEEN
PINELLAS COUNTY, THE CITY OF CLEARWATER,
AND THE CITY OF LARGO
CITY OF CLEARWATER
CITY OF CLEARWATER, FLORIDA
I�
Mayor
Approved as to form and legal sufficiency: Attest:
City Attorney City Clerk
(Official Seal)
I[�'ii�:�iN7
Page 8 of 23
Attachment number 2 \nPage 9
COOPERATIVE AGREEMENT
BETWEEN
PINELLAS COUNTY, THE CITY OF CLEARWATER,
AND THE CITY OF LARGO
CITY OF LARGO
CITY OF LARGO, FLORIDA
I�
Mayor
Reviewed and Approved: Attest:
City Attorney City Clerk
(Official Seal)
I[�'ii�:�iN7
Page 9 of 23
Attachment number 2 \nPage 1i
EXHIBIT A
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Item # 15
Page 10 of 23
Attachment number 2 \nPage 1
EXHIBIT B
SCOPE OF WORK
ALLENS CREEK WATERSHED MANAGEMENT PLAN
2.1.2 Diqital Topoqraphic Information and Proiect Development.
2.1.2.1 Evaluate the topographic data and identify topographic voids;
The CONSULTANT will review the Hydro-enhanced LiDAR-based DTM for
topographic void areas that may result from development that will have an effect on
hydraulic or hydrologic components of the model.
The CONSULTANT will review the 5-foot-by-5-foot Digital Elevation Model (DEM) of
the dataset over the approximate watershed boundary. Other items to be reviewed
include the density of LiDAR returns and breaklining.
The CONSULTANT will develop a memorandum outlining any concerns for submittal
to the Southwest Florida Water Management District, whose address is 2379 Broad
Street, Brooksville, Florida, 34604-6899, hereinafter referred to as DISTRICT. The
CONSULTANT will also submit a shapefile showing the areas within the watershed
that are noted as areas of concern. The CONSULTANT will review re-submittals to
ensure all identified problems were addressed prior to utilizing the final Hydro-
enhanced LiDAR dataset suitable for modeling the Allen's Creek Watershed.
A DISTRICT QC CONSULTANT will make all datum conversions in accordance with
procedures provided in the document FEMA Guidelines and Specifications for Flood
Hazard Mapping Partners, Appendix 8: Guidance for Converting to the North
American Vertical Datum of 1988, April 2003 (Guidance Document 9). A single
conversion factor will be used throughout the WATERSHED.
Deliverable
• Technical memo detailing plan of action for obtaining the necessary data to
address topographic voids and other concerns identified.
2.1.2.2 Revisit project development and cost and meet with the PARTNERS to
discuss topographic data recommendations;
Deliverables
• Meeting with the PARTNERS.
2.1.2.3 Project management and quality assurance/control;
The CONSULTANT will manage and provide quality assurance/quality control for the
"Digital Topographic Information" element. Quality control reviews will be
documented as appropriate.
Deliverables
• Meet with the PARTNERS to review the quality of the Digital Topographic
Information.
• Project-Specific Quality control document.
• Revised project timeline.
2.1.2.4 Final approved deliverables for Digital Topographic Information.
The CONSULTANT will provide required digital topographic information in the form of
ESRI ArcGIS Geodatabase Feature Classes and associated tables, terrain datasets,
domains, relationship classes, and metadata. Feature Classes provided will include
those outlined in the GWIS document and the supplied GWIS database schema and
will be housed in the Topographic Information Feature Dataset.
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Attachment number 2 \nPage 1;
Deliverables
• GWIS geodatabase for Topographic Information.
• Refined project development and cost documentation.
• Refined project schedule.
2.1.3 Watershed Evaluation is the systematic inventory of watershed features and their
assessment to gain an understanding of the complexity of a watershed. It consists of
several tasks related to the creation of a Geographical Watershed Information System
(GWIS) Geodatabase that will contain information about the water resource features of
the watershed. The Watershed Evaluation will include the following:
2.1.3.1 Assembly of existing watershed feature data;
2.1.3.1.1 The CONSULTANT will collect and evaluate the following possible sources of
information:
• Information collected in surveys.
• Additional topographic information from ERP permits, construction plans (as-
built and permitted), and bathymetry in waterways and open channels.
• Road projects and plans
• Local stormwater inventories, land use, impervious surfaces, and other
geodatabases that apply.
Applicable documents will be georeferenced. It is assumed that all necessary
stormwater asset inventory information from Pinellas COUNTY, City of Largo, and the
City of Clearwater will be provided in a digital format that does not require digitizing to
convert it to an ArcGIS format.
2.1.3.1.2 Collect and evaluate ERP information — the CONSULTANT will identify
watershed features based on a cut-off date identified by the PARTNERS. The
PARTNERS and the CONSULTANT will select up to 150 ERPs to be incorporated into
the parameters and model. The DISTRICT will provide pdfs and, if available, computer-
aided drafting files for the ERPs. The CONSULTANT will not be responsible for
converting ERP information to an electronic format including converting hardcopy or
microfiche information to PDF. The CONSULTANT will review the selected ERPs for
this task.
2.1.3.1.3 Verification information — the CONSULTANT will collect information to help
verify the floodplain results during the Watershed Management Plan task. The
CONSULTANT will collect information on historic water levels, surveys, photos or
videos of flooding, and any other available information and identify areas where
additional historic water levels information is desirable but unavailable based on the
data located from the efforts discussed above. If required, the CONSULTANT will
survey up to 15 high water marks. Throughout this process, the CONSULTANT will
remain in contact with the PARTNERS to help review the appropriateness of the data
collection.
Deliverables
• Feature classes showing locations of ERPs, land coverage and corresponding
estimate of impervious areas.
Methodology for estimating impervious areas
Point file showing locations of historic water levels.
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Attachment number 2 \nPage 1;
• Documentation of data collection and evaluation efforts, including pdf copies of
ERP information from DISTRICT and FDEP and/or COUNTY files, surveys, as-built
drawings, and geotechnical information.
Documented results of data collection and evaluation,
A GIS feature class showing the location of the plans, including hyperlinks to
PDF files of the plans.
2.1.3.2 Initial desktop evaluation and processing of Generic Features to provide
initial catchments and surface connectivity;
The CONSULTANT will follow the ArcHydro Processing work flow detailed in the GWIS
Database Design Document, Version 1.6 (Guidance Document 2) with specific focus
on catchments. The CONSULTANT will document hydraulic features that are used to
determine catchment boundaries but which are not modeled explicitly in a simple GIS
feature outside of the GWIS 1.6 framework.
The CONSULTANT will place junctions appropriately to determine the effects of
storage routing on hydrologically determined flow rates. Junctions will be placed in
SMSAs, ponds or lakes, natural lakes, wetlands and depressions that are larger than
10,000 square feet. The initial catchments will be delineated at a scale that results in no
more than 500 nodes in the final watershed model.
Deliverable
Initial catchment delineations.
2.1.3.3 Pre-Field reconnaissance evaluation and field acquisition approach and
methods development;
The CONSULTANT will develop an approach to the data acquisition methodology that
is specific to the Watershed to include locations where collection will occur and what
the method of collection will be. The CONSULTANT will submit this document to the
PARTNERS for approval before beginning the Field Reconnaissance task.
Hydrojunctions will be placed where field work is required to parameterize a hydraulic
feature and will be developed for use in the field reconnaissance, the GWIS Database
Design Document Version 1.6 (Guidance Document 2), and for eventual
documentation of the reconnaissance process. The CONSULTANT will further develop
preliminary hydronetwork with hydrojunction and hydroedge feature classes during the
field reconnaissance work.
The goal of the field reconnaissance will be to populate the hydronetwork and Hydraulic
Element Point feature class and the associated sub-element tables. Field
reconnaissance will also include photographing culverts and pipes that are included in
the model and reviewing areas of the DTM that were noted in Element 2.1.2.
Deliverables
GIS layers for hydro network including hydro junctions where field data
acquisition is required.
Pre-field reconnaissance geodatabase.
Meeting to discuss collection methods and accuracy.
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Attachment number 2 \nPage 1�
2.1.3.4 Field reconnaissance and acquisition;
2.1.3.4.1 The CONSULTANT will populate the Hydraulic Element Points (HEPs) within
the GWIS that are needed to characterize the final ICPR model. These features will be
used to define sub-elements (culverts, weirs, etc.) in accordance with the GWIS
Hydraulic Element Point (HEP) User's Guide (Guidance Document 2 supporting
information). HEP features will only be populated for sub-elements that will be explicitly
modeled in the final watershed model.
2.1.3.4.2 The CONSULTANT will conduct a full-scale hydraulic inventory, which will
involve field investigation of the hydraulic features needed to model the watershed at
the scale identified in 2.1.3.2. The CONSULTANT will provide extensive
documentation of each hydraulic feature as required in the G&S (Guidance Document
1), including location, condition, dimensions and elevations, description ofaccessibility,
and photographs. This information will be compiled into an ESRI ArcGIS-Arclnfo 9.3
GWIS geodatabase that will have all backup descriptive files (including sketches,
surveys, descriptions, and digital photos) hyperlinked to the appropriate feature class.
2.1.3.4.3 The CONSULTANT will survey up to 150 hydraulic structures using Real-
Time Kinematic GPS and traditional survey techniques with the results provided in an
"X, Y, Z, Comment" format. The CONSULTANT will provide bathymetric survey for up
to 30 open channel cross-sections. The CONSULTANT will use the Hydro-enhanced
LiDAR based DTM to develop dry open-channel cross-sections and irregular overland
weir cross-sections. Where available, the CONSULTANT will use As-Built information
to determine structure invert elevations. The CONSULTANT will collect this data in
accordance with the SWFWMD document Acquisition of Geospatial Information to
Complete the Generic Watershed Parameters (Hydro Network) (Guidance Document
3). The CONSULTANT project manager (in close consultation with the PARTNERS)
will determine the appropriate level of accuracy (Levels 1 through 5) that is needed for
the survey. This level of accuracy will be verified by the PARTNERS before survey is
started.
2.1.3.4.4 Maintenance Condition — the CONSULTANT will enter all data obtained
during the field reconnaissance process into the GWIS geodatabase. During the
inventory process the CONSULTANT will note if the condition of the structure is
"maintained" or "not maintained" and will report the condition in the geodatabase by
populating the maintenance field. Note that this task does not include maintenance cost
estimates or schedules for maintenance.
Deliverables
• HEP Feature Classes.
• Survey Documentation.
• Pictures, Data Sheets.( Detailed notes and digital photographs from the field
reconnaissance)
• Maintenance Condition included in the Geodatabase.
• Relevant GIS data.
• Meeting with the PARTNERS to present and discuss deliverables.
2.1.3.5 TERRAIN refinement;
The CONSULTANT will make topographic void updates at up to 10 sites within the
watershed that were identified in 2.1.2.1. The topographic void updates will be made
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Attachment number 2 \nPage 1;
using available permitted or as-built drawings. Georeferenced PDFs of the drawings
used for the topographic void updates will be included in the deliverable. This task does
not include site survey.
2.1.3.6 Processing to develop final generic catchments and connectivity;
The CONSULTANT will use the ArcHydro Processing work flow—detailed in GWIS
Database Design Document Version 1.6 (Guidance Document 2)—to process the
additional data collected in the previous steps with an emphasis on catchments,
connectivity and surface connected to below surface.
Deliverables
• Geodatabase with:
o Final generic catchment delineations
o Refined connectivity
o Final hydro network
CONSULTANT's Comment Geodatabase
2.1.3.7 Set up preliminary model features and parameters;
Deliverables
• Geodatabase with ICPR model specific feature classes for preliminary model
links, nodes, basins and model features to define level of detail.
Meeting with the PARTNERS to discuss deliverables to date.
CONSULTANT's Comment Geodatabase
2.1.3.8 Surface water resource assessment analysis approach;
The CONSULTANT will compile additional water resource information concerning
water quantity and water quality as described in the accompanying section of the G&S
(Guidance Document 1) The CONSULTANT will develop an approach to the surface
water resource assessment that is specific to the Watershed and submit this approach
to the PARTNERS for approval before beginning the surface water resource
assessment analysis task. We will discuss the recommended approach with the
PARTNERS. Note that existing water quantity and quality data may be unavailable.
Therefore, the scope of this task may deviate from that described in the G&S
(Guidance Document 1), and may focus on advisement of data collection and
monitoring activities that would be beneficial for this study or future updates. The
Allen's Creek Watershed is comprised of one WBID, which has been deemed impaired
due to water quality standard exceedances. The CONSULTANT will identify and
review any existing documents dealing with either the impairment assessment or TMDL
development and recommend appropriate actions with regard to either the impairment
assessment or TMDL.
Deliverables
Surface Water Resource Assessment Analysis Approach.
2.1.3.9 Project management and quality assurance/control;
The CONSULTANT' Project Manager and one staff engineer will attend a meeting to
discuss the Watershed Evaluation deliverables and the modeling approach. This task
includes time for project management and quality assurance/quality control for the
"Watershed Evaluation" task. Coordination is anticipated with other project managers of
adjacent watershed studies on issues such as water interactions between watersheds
and aspects of the studies that may need to be consistent across the COUNTY. The
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Attachment number 2 \nPage 1i
CONSULTANT will conduct quality assurance and quality control. Quality control
reviews will be documented by memorandum with attached graphics, if appropriate.
Deliverables
• Participation at the meeting and providing final approved deliverables for the
Watershed Evaluation.
• The deliverables will be GWIS compliant.
• Use of DataQE on the submitted GWIS database
• The final deliverables will be the items listed below in Final approved
deliverables for the Watershed Evaluation and as noted in QA/QC deliverable
spreadsheets.
• All feature classes will be provided in one mxd.
2.1.3.10 Approved deliverables for the Watershed Evaluation;
The Watershed Evaluation list of deliverables will be compiled to generally include the
GWIS geodatabase and Watershed Evaluation Documents (in digital format). All
reports shall also be provided as follows: Draft documents — 1 digital and 2 hard copies
to each PARTNER; Final documents — 2 digital and 2 hard copies to each PARTNER.
It should be noted that the CONSULTANT will consider the Digital Terrain Model
"finalized" at this point in the study. Further refinement of the DTM during or after
floodplain delineation will be avoided to the greatest extent practicable to avoid
unnecessary revisions to the floodplains.
Deliverables
• Watershed Evaluation.
• Draft TSDN.
• Resubmittal of Deliverables from Watershed Evaluation element (with
revisions as necessary).
• GWIS Geodatabase with hydronetworks, catchments and connectivity.
• Use of DataQE on the submitted GWIS database
2.1.4 Watershed Manaqement Plan consists of several tasks related to the management of
surface water resources. Development of the MANAGEMENT PLAN builds upon
information generated from the Watershed Evaluation so that planning and
management decisions can be formulated. The MANAGEMENT PLAN will include the
following:
2.1.4.1 Watershed parameterization;
Sub-basin Staqe-Storaqe
The CONSULTANT will develop stage-storage relationships for each sub-basin, as
appropriate. This process will be conducted using a GIS tool, to reduce hand
calculations and improve accuracy. Channel storage exclusion polygons will be used to
exclude storage that will be modeled within a channel. We will check each sub-basin
for general consistency. The CONSULTANT will manually develop five stage-storage
relationships for comparison to the automated results.
Doppler Storm Runoff Generation
The CONSULTANT will use Doppler Radar (or most accurate) Rainfall information to
develop rainfall coverage for a single storm event lasting at least 10 hours and meeting
or exceeding the magnitude of a mean annual storm event. It is anticipated that the
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Attachment number 2 \nPage 1
rainfall data will be available directly from the DISTRICT in 15-minute incremental
rainfall amounts over 2-kilometer-square grids. The CONSULTANT will use the rainfall
data to generate a GIS layer and rainfall tables with overlay assignment to each sub-
basin. Note: Continuous simulation using Doppler Radar Rainfall is not anticipated for
this project.
Methodoloqv for Determininq Startinq Water Levels
The CONSULTANT will establish initial stages for stormwater management areas and
ponds based on best available information such as ERP documents, control feature
data, orthophotography, or seasonal high water levels when control feature data are
not applicable. Initial stages in wetland areas may be based on a desktop
vegetation/terrain evaluation. The CONSULTANT will discuss proposed methods with
the PARTNERS before selecting starting water elevations. The CONSULTANT will plot
the area inundated by the initial conditions.
Methodoloqv for Determininq DCIA and NDCIA
The CONSULTANT will discuss the methodology for assigning DCIA and NDCIA with
the PARTNERS before it is used. This will not include developing a spatial DCIA and
NDCIA feature.
Hvdroloqv
The CONSULTANT will use the Hydro-enhanced LiDAR-derived DTM and GIS
software to automate delineation of the sub-basins within the parameters established in
the corresponding section of the G&S (Guidance Document 1). The CONSULTANT will
establish the hydrology for this project using the following sources of information:
Hydro-enhanced LiDAR-derived DTM, current GIS land use coverage, most recent
aerial mapping, ERP information, COUNTY development information, and field
reconnaissance. The CONSULTANT will develop an event-based surface water model
for this project using the computer program Interconnected Pond Routing (ICPR)
version 3.10, latest version. The most recent service packs at the time of model
development will be used. The hydrology will be based on the NRCS Curve Number
(CN) method with DCIA parameters.
The CONSULTANT will develop all hydrologic components with automated GIS
methods using ArcHydro GIS tools. All hydrologic data will also be individually verified
and methods of verification will be documented.
The CONSULTANT will use the methodology for estimating times of concentration that
is referenced in NRCS TR-55.
The CONSULTANT will not make evapotranspiration estimates for this watershed.
Irreqular weir qeneration;
The CONSULTANT will follow the techniques described in the SWFWMD Hydro Tools
Project — Irregular Cross-Section Extraction Tool Documentation, January, 2008
(Guidance Document 8) to develop irregular weirs.
Cross-Sections for weirs;
The CONSULTANT will generate cross-sections to represent weirs for the surface
water model. It is anticipated that all cross-sections will either be derived from the
terrain or based on surveys, as-built drawings, or construction plan information. The
process of deriving the cross-section information from the terrain in x,y,z format will be
automated using ArcHydro or alternate GIS tool approved by the PARTNERS. Some
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Attachment number 2 \nPage 1�
manipulation of the data may be necessary for input into the surface water model. The
CONSULTANT will check crest elevations to ensure that cross-sections are being cut
at the correct locations and the overtopping elevation is correctly represented.
The irregular weirs and weir cross-sections tables in the GWIS geodatabase will be
completed with additional inputs from surveyed information.
Deliverables
• Doppler Storm Runoff Generation GIS Layer
• Discussion about and submittal of a Methodology of Determining
Starting Water Levels
• Discussion about and submittal of a Methodology of Determining DCIA
and NDCIA
• Input GIS data
• GIS data, calculations, and discussion about and submittal of a
Methodology for Times of Concentration
• Irregular weir GWIS data
• Other Updated GIS data
• Plot of area inundated by initial starting conditions
• PDF of the ICPR Node Computation Performance Report
2.1.4.2 Interim Preliminary Model Review
The PARTNERS will review the preliminary ICPR model input data and provide
comments to the CONSULTANT. The CONSULTANT is responsible for submitting the
preliminary model and responding to PARTNERS comments.
Deliverables
• Preliminary ICPR model.
• Response to Comments.
2.1.4.3 Floodplain analysis;
The CONSULTANT will update the boundary conditions to and from adjacent
watersheds to reflect all physical connections. PARTNER staff will oversee boundary
condition coordination in areas identified by the CONSULTANT.
Hvdraulic and hvdroloaic information;
The CONSULTANT will compile the hydraulic and hydrologic information and develop a
surface water model using the version 3.10 of the surface water modeling program,
ICPR. All model data (including hydraulic data, hydrologic data, and soils data) will be
downloaded from GWIS formats into ICPR for development of the surface water model.
The CONSULTANT will simulate the 24 hour duration rainfall events that correspond
with the 10 year, 25 year, and 100 year recurrence frequencies. The CONSULTANT
will coordinate with the PARTNERS and consultants of adjoining watershed studies to
ensure that the new watershed boundaries are agreed upon before model
development.
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Model Calibration and Validation;
The CONSULTANT will calibrate the ICP
2.1.4.1. If necessary we will adjust model
results.
Attachment number 2 \nPage 1!
R model to the rainfall event developed in
parameters and rerun the model to verify
Model verification;
Design storm floodplain delineations will be compared to existing flood information for
model verification using up to five events for which high water marks, radar rainfall
amounts, or other flood information is available.
The CONSULTANT will develop preliminary floodplains from the Doppler-derived and
100-Year/1-Day storm events. The CONSULTANT will use these floodplains for model
verification and justification of the duration of the storm for FEMA floodplain delineation.
Verification of the model may lead to refinement of the model to improve accuracy of
the results. The CONSULTANT will also review the stability and reasonableness of the
results. Justifications will be provided to support the Consultants' floodplain results.
Draft Floodplain Delineations and QA/QC Maps;
The CONSULTANT will subject the surface water model to an internal quality
assurance quality control review. Additionally, the CONSULTANT will develop an
ArcMap GIS Project File Map (mxd) for "QA/QC" of the preliminary floodplain model
results and other pertinent data as requested by the PARTNERS for use in reviews by
outside entities.
Present Model Results and Justification for Chanqes in Floodplain;
If applicable, the CONSULTANT will prepare written justification of changes in the
floodplain (horizontal and vertical extents) from the FEMA's effective floodplain
information and for rainfall durations longer than 24-hours. Changes in the floodplains
and storm duration may have to be revised as a result of the presentation to the
PARTNERS mentioned in the deliverables below.
Deliverables
• Model input/output files
• Model Calibration and Validation results and a summary of Calibration
Adjustments.
• Justification for use of multi-day storm event (if applicable)
• Justification Report of changes in floodplains
• Floodplain Delineations with Transition Zones and Flood Depth Grids
• QA/QC Maps (Electronic Only)
• Polygon coverage showing areas where the digital terrain does not reflect the
ground conditions
• Geodatabase
• Presentation to PARTNERS including a review of quality assurance
• Response to PARTNER Comments
2.1.4.3.1 Review Results Meetings
Meetings will be held if needed to discuss outstanding issues and items. Meetings will
be in remote login format; i.e., GoToMeeting.
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Attachment number 2 \nPage 2i
2.1.4.3.2 QA/QC Meeting
Meetings will be held if needed to confirm that all comments have been addressed. The
CONSULTANT will address all of the PARTNER comments and add the responses to
the comments geodatabase.
2.1.4.4 Submit Revised Model and Floodplain Delineation
Deliverables
• Draft PowerPoint presentation and supporting documentation for presentation
to the PARTNERS.
• Revised Model and Floodplain Delineation.
• Provide Updated Justification Report of changes in floodplains and storm
durations greater than 24 hours.
• Final PowerPoint presentation to the PARTNERS.
• Attend meetings.
• Any other revised deliverables for applicable tasks.
• Comment geodatabase.
2.1.4.5 Revised floodplain analysis and delineation;
The CONSULTANT will revise the geodatabase and model, as appropriate, based on
comments and information received from the PARTNERS. The CONSULTANT's
deliverable will conform to the latest edition of the DFIRM contractor's requirements. In
addition to floodplain polygons the CONSULTANT will develop the following additional
products once model and floodplains are considered final:
1-inch = 200-ft scale aerial maps which will include:
o Main basin boundaries
o Sub-basin boundaries
o Sub-basin number (from model)
o Node and reach number (from model)
o Stream channel cross-section location and number
o Proposed channel improvement locations
o Existing channel right-of-way
o Storage areas
o Structure numbers
0 100-year/24-hour storm flood boundary
0 25-year/24-hour storm flood boundary
Flood profiles for the 100-year/24-hour and 25-year/24-hour events for the
main channel and the tributaries of the Allen's Creek Watershed.
o Existing land use condition (Pinellas County Planning
Department) with existing stormwater facilities and channel
conditions.
Deliverables
• Revised floodplain
• PDF copies of the 1-inch = 200-ft maps and flood profiles for review.
Item # 15
Page 20 of 23
Attachment number 2 \nPage 2
One Final set of hardcopy 1-inch = 200-ft maps and flood profiles only to the
COUNTY for its records.
2.1.4.6 Level-of-Service determination;
The CONSULTANT will determine the Level-of-Service (LOS) throughout the
watershed consistent with COUNTY guidelines. The CONSULTANT will create a GWIS
feature class in conformance with the G&S (Guidance Document 1) and the reference
document, Stormwater Level of Service Methodology, SWFWMD, 1993 (Guidance
Document 10). The Level-of-Service documentation will also include an estimate of the
number of habitable structures within floodplain areas by reviewing aerial photography.
A Floodplain Level-of-Service Report will be developed in compliance with the
accompanying section of the G&S (Guidance Document 1).
Deliverables
• LOS Report
• LOS Geodatabase
2.1.4.7 Surface water resource assessment (water quality only);
2.1.4.7.1 Develop a watershed and water quality assessment of the Allen's Creek
Watershed;
Watershed Assessment
Assess existing Allen Creek watershed characteristics relative to any known
anthropogenic or environmental factors, and physical features within the watershed
which may be impacting water quality conditions or sampling results, particularly for the
impairment parameters, such as land use types, point and non-point discharges, extent
of existing stormwater runoff treatment, and baseflow.
Water Qualitv Assessment
Assess water quality data to identify trends, potential impairment risk, and any
noteworthy water quality issues that may be impacting the impairment condition. Data
sets examined will include the IWR data set used by FDEP, as well as additional data
sets — as available — from the County and/or other publically available water quality
monitoring efforts. This task will also include a field review of sampling station locations
and the physical characteristics of these stations, including the appropriateness of
sample sites for characterization of surface water quality.
Pollution Loadinq Assessment
Deliverables
Watershed and Water Quality Data Assessment technical memorandum.
2.1.4.7.2 Pollutant Loading Model
The CONSULTANT will use the pollutant loading model developed for the Tampa Bay
Estuary Program and used most recently for the Tampa Bay Reasonable Assurance
Update and currently for the Clearwater Harbor-St. Joseph Sound CCMP project to
estimate TN, TP, BOD, and TSS loads from the Allen's Creek Watershed. The existing
pollutant loading database has monthly estimates from 1985 through 2007. A report will
be presented to summarize the work related to the water quality assessment,
consistent with the requirements in the accompanying section of the G&S (Guidance
Document 1).
Item # 15
Page 21 of 23
Attachment number 2 \nPage 2;
The pollutant loading model will be used to evaluate the impacts due to land use. This
will entail modification of the existing land use according to a scenario agreed upon by
the PARTNERS and the CONSULTANT. The changes in the spatial and temporal
variation in pollutant loads will be evaluated.
Deliverables
• Pollutant Loading Model GIS files
Pollution Loading Assessment technical memorandum
2.1.4.7.3 Stream Condition Index
This task will consist of conducting up to eight Stream Condition Index (SCI)
assessments in the freshwater portions of the Allen Creek watershed and up to four
Habitat Assessments in the estuarine portions of Allen's Creek. SCI assessments will
be conducted according to FDEP SOP LT 7100, "Stream Condition Index (SCI)
Determination." Habitat Assessments will be conducted according to FDEP SOP
FT3100, "Stream and River Habitat Assessment." The Stream Condition Index is a
surface water quality assessment method which relies on hydrobiological indicators
(such as freshwater macroinvertebrates) as a means of assessing water quality in
streams. SCI also includes conducting a habitat assessment within a 100-meter stretch
of the stream.
SCI will only be conducted at appropriate sites. The Following FDEP guidelines, SCI
sampling will not occur at sites where:
• Specific conductivity at the bottom of the river/stream exceeds 600 �ahmos
because of estuarine influence
• The site is currently dry, or has been dry within 3 months prior to the site visit
• The water level is elevated, resulting in unreachable habitat; however the SCI
sample may be collected when water level has returned to a"normal" stage or
when the habitats are accessible
• The site is in an in-lake-like system (since the SCI was designed for streams)
Deliverables
Stream Condition Index technical memorandum
2.1.4.8 Best Management Practices (BMP) alternative analysis;
The CONSULTANT will conduct a BMP alternatives analysis for up to 10 structural
BMPs and two non-structural BMPs in the watershed. An Alternative BMP Analysis
Report will be developed.
The CONSULTANT will model the selected BMPs using ICPR and will estimate the
pollutant load reductions for the BMPs. The CONSULTANT will rank the alternatives
based on a combination of cost and ease of implementation, including current
regulatory requirements, and compensatory mitigation rules. The CONSULTANT will
not apply for conceptual ERP permits for the proposed BMPs.
Deliverables
• BMP Alternative Analysis Report.
• ICPR model and model results for BMPs.
• Pollutant load reduction estimates for the BMP.
• Ranking of BMP alternatives.
Item # 15
Page 22 of 23
Attachment number 2 \nPage 2:
2.1.4.9 Project management and quality assurance/control;
This task includes one meeting and necessary follow-up conference calls or meetings
between the CONSULTANT, the PARTNERS, and other consultant(s) performing
maintenance of other watersheds to maintain consistency in the methodology. It also
includes at least two meetings with the PARTNERS to discuss the Watershed
Management Plan and final deliverables. The CONSULTANT will prepare a Digital
Quality Assurance/Quality Control (QA/QC) review MXD for the watershed. It will
include the following layers and information: historical and 2008/2009 imagery, terrain
information, soils, land use, FEMA Q3 data or current effective floodplains, review
comments and responses, high water mark database information, SURGO information,
sub-basins, junctions, network, abutting watershed boundaries, roads, parcels, and
ERPs included in the surface water model. The QA/QC review MXD will be used during
the various meetings.
This task includes time for project management and quality assurance/quality control
for the "Watershed Management Plan" task. The CONSULTANT will conduct quality
assurance and quality control. Reviews will be documented by GIS shapefile or
memorandum with attached graphics, as appropriate. Additionally, all reviews will be
recorded in a master QA/QC log spreadsheet.
The Engineer of Record will certify that quality assurance/quality control has been
performed on all deliverables and that any outstanding issues have been
communicated to the PARTNERS.
Deliverables:
• Participation in meetings and conference calis as needed.
• The digital QA/QC map.
2.1.4.10 Final approved deliverables for the Watershed Management Plan;
Final deliverables will include the electronic versions of the updated G&S GWIS
geodatabase and tables, modeling files, and the G&S map atlas.
The Watershed Management Plan list of deliverables will be compiled, to generally
include the GWIS geodatabase and Watershed Management Plan Document. The final
TSDN will be included with this submittal in digital format. Please note that the TSDN
will be submitted two times in digital format, as a draft and a final version.
Deliverables
Electronic version of the updated G&S GWIS geodatabase and tables,
including the final TSDN.
Modeling files.
The G&S map atlas
Item # 15
Page 23 of 23
Countersigned:
George N. Cretekos
Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Attachment number 3 \nPage 1
CITY OF CLEARWATER, FLORIDA
:
William B. Horne II
City Manager
Attest:
Rosemarie Call
City Clerk
I[�'ii�:�iN7
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:4/19/2012
Accept a Drainage Easement donated to the City over a portion of Brooklawn Subdivision, Block M, for use of the property as part
of the Ciry's public starmwater system. (consent)
SUMMARY:
The City is in the design phase of planned improvements to sanitary facilities in the general area of North Betty
Lane and Douglas Avenue.
The project includes reconstructing the roadway while the sanitary system is replaced. The Stormwater Division
is going to take this opportunity to replace the stormwater infrastructure at the same time.
The subject property (Easement Area) is approximately 2.06 acres and is an integral part of the stormwater
system to be improved. The Easement Area is identified as a lake, platted in Plat Book 13, Page 59 of the Public
Records of Pinellas County.
Public stormwater currently drains into the Easement Area. The proposed easement will allow the City to
maintain and implement improvements to the property's drainage features.
The property owner has agreed to donate the easement to the City.
Review Approval:
Cover Memo
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Attachment number 2 \nPage 1
Legal Description: BROOKLAWN BLK M, AKA LAKE AS RECORDED IN PLAT BOOK
BEGIN AT SOUTHWEST CORNER OF LOT 4, RUN WEST 40FT FOR POB THEN
SOUTHEASTERLY 100FT THEN WESTERLY 30FT THEN RUN SOUTHWESTERLY
200FT THEN SOUTH 100FT THEN SOUTHWESTERLY 100 FT THEN WEST 100FT
THEN NORTHWESTERLY 100FT THEN NORTH 250FT THEN RUN NORTHEASTERLY
50FT THEN EAST 100FT THEN NORTH 150FT THEN EAST 40FT
THEN RUN SOUTH 40FT TO POB
LL �eqend �,,,: Clearwater Service Area N
� Clearwater Drainage Easement Parcel Boundary
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Engineering Department I �UtSld@ C,�WTR C,Ity �IlilltS
Geographic Technology Division S
100 S. Myrtle Ave, pearwater, PL 33756
Ph:(727)562-4750,Fax:(727)526-4755 Map Gen By: CRM Reviewed By: TM Date:12/8/2011 Grid #: 2516 S-T-R: 3-29s-15e Scale: N.T.S.
www. My C I e arw at e r. c o m
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A Stormwater Drainage Easement covering the property referred to as "Lake"
in the plat titled "Brooklawn" in Plat Book 13 , Page 59, and described in
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of Pinellas County, Florida.
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City Council Agenda
Council Chambers - City Hall
Meeting Date:4/19/2012
SUBJECT / RECOMMENDATION:
Appoint Sallie Parks to the Sister Cities Advisory Board as the Clearwater Arts Alliance representative to �11 the remainder of an
unexpired term through December 31, 2014. (consent)
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Sister Cities Advisorv Board
TERM: 4 years
APPOINTED BY: Sister Cities Advisory Board
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: One member of the City Council
MEMBERS: 6
CHAIRPERSON: Terrence Gourdine
MEETING DATES: Quarterly
PLACE: Long Center
APPOINTMENTS NEEDED: 1
SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc., the local business community, the
School Board's World Language Coordinator or designee, and the Clearwater Arts Alliance shall not be required
to reside within the City of Clearwater.
THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED FROM THIS BOARD AS THE
CLEARWATER ARTS ALLIANCE REPRESENTATIVE AND NOW REQUIRES REPLACEMENT BY A NEW
APPOINTEE:
1. Margo Walbolt — 2079 Envoy Ct., 33764 - Retired
Original Appointment 1/14/10 with term to expire 1/31/14 — 1St term
(Clearwater Arts Alliance)
THE FOLLOWING NAME IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY:
1. Sallie Parks — 1328 Michigan Ave., Palm Harbor, FL 34683
(Clearwater Arts Alliance)
Zip codes of current members:
1 - 34683
1 - 34698
1 - 33764
1 - 33765
Review Approval:
Cover Memo
i�:�r�
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
Name: �►'G
Home Address� ,
��S �1�� ' � '
b z� � ��
Telephone: ��%%� % -���7
CeII Phone: �1 - a�J`�
�',�,�' '�� ���,
How long a resident of Clearwate�?
Occupation:l� �'f I�Q
F� of ducation:
1�-� �G
�
If retired, former occupati
Com�un(
�� �
Other Interests:
s
Board Service (current and past):
t'Ir�,1,�C.� � � � C .SC4 �- if +�(
0
itional
Signature:
�v �
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Office Address:
�u�
Attachment number 1 \nPage 1
Zlp
Telephone:
E-mail Address: R��
�� <' �Q'`'� � 2,9 2012
Employer:
Other Work Experience.:
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Board Preference: � -
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Date: -��."�/ /�2,
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See attached list for boards that require financial disclosure at time of appointment. Please return this application
and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater,
FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue.
Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of
one of the followinq:
Current voter registration within city limits
Valid current Florida Drivers' License issued to an address within city limits
Declaration of Domicile filed with the city clerk affirming residency within city limits
i�:�r�
Attachment number 1 \nPage 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
�� lc��� �� �-�e�e� � ��� Ir���c'�'.�� Gl�`C ( _S
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2. Have you ever observed a board meeting either in person or on C-View, the City's N station?
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
. . .�, . . . . ; ti
.
4. Why do you want to serve on this Board?
� �. ���� - a �
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Board Name: 5 �.S v�IS�Z 1 ,
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Item # 17
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:4/19/2012
Approve the Waiver of the Use Restriction under Section 3(B)(1) of the Operation Easement Agreement (OEA) among DDR
Southeast Clearwater Development, L.L.C. (DDR), City of Clearwater (City) and Phillies Florida LLC (Phillies) in order to allow
DDR to lease space known as Unit 10 for the limited use as a charter school.
SUMMARY:
On September 3, 2002, an OEA was approved between DDR, City and Phillies and amended on June 25, 2009, the purpose of
which was for the construction and shared parking for Brighthouse Netwarks Field.
Pursuant to Section 3(B)(1) of the OEA, DDR was restricted to the type of tenants who could occupy the Shopping Center; those
that were not inconsistent with the operation of a first-class retail shopping center. (Use Restriction)
DDR is requesting that this requirement be waived for Unit 10, which they propose to lease out to a new tenant doing business as
21st Century High School of Pinellas (Newpoint Pinellas) to conduct a charter school.
Newpoint Pinellas will be prohibited from using parking spaces designated for the exclusive use by the Phillies as set forth in the
OEA.
City staff and the Phillies have no objection with this request and are in favor of the waiver.
Review Approval:
Cover Memo
��II�:�Eij
Attachment number 1 \nPage 1
April , 2012
City of Clearwater, Florida
c/o City Attorney's Office
112 S. Osceloa Avenue
Clearwater, Florida 33756
Attn: Laura Mahony, Esq.
Phillies Florida LLC
601 N. Old Coachman Road
Clearwater, Florida 33765
Attention: 7ohn Timberlake
Re: Covenants, Restrictions, Grant of Easements and Modification of
Clearwater Commons Shopping Center Operation and Reciprocal
Easement Agreement recorded September 3, 2002, as amended by the
First Amendment thereto dated June 25, 2009 (the "OEA") among DDR
Southeast Clearwater Development, L.L.C. ("DDR"), City of Clearwater,
Florida (the "City ") and Phillies Florida LLC (the "Phillies")
encumbering the Clearwater Collection shopping center in Clearwater,
Florida (the "Shopping Center") and the parcel of land located adjacent to
the Shopping Center described on Exhibit B thereto.
Dear Ms. Mahony and Mr. Timberlake:
As you are aware, DDR is the owner of the above referenced Shopping Center. As part
of the day-to-day management of the Shopping Center, DDR desires to lease Unit 10 of
the Shopping Center to the tenant doing business as 21st Century High School of Pinellas
("Newpoint Pinellas"). Newpoint Pinellas desires to operate a charter school in Unit 10
to serve the Clearwater, Florida community. DDR has pursued an amendment to the
Comprehensive Plan of the City of Clearwater which would permit the use of a charter
school in the Shopping Center. The City passed such amendment as evidenced by
Ordinance No. 8312-12.
Pursuant to Section 3(B)(1) of the OEA, DDR may not lease to any tenant in the
Shopping Center whose proposed use "is inconsistent with the operation of a first-class
retail shopping center" (the "tlse Restriction"). DDR hereby requests that the City and
I[�ii�:�iE:3
Attachment number 1 \nPage 2
April , 2012
Page 2 of 3
the Phillies waive the Use Restriction as it may apply, if at all, to the use and operation of
a charter school in Unit 10 of the Shopping Center by Newpoint Pinellas and its
successors and assigns. In the lease of Unit 10, Newpoint Pinellas will be prohibited
from using the parking spaces designated for the exclusive use by the Phillies under the
OEA. Further, DDR will require that Newpoint Pinellas utilize only the parking spaces
located in the approximate area set forth on attached Exhibit "A" and incorporated
herein by reference and labeled "Faculty & Student Parking".
DDR, the City and the Phillies acknowledge and agree that the foregoing waiver is
limited to the use and operation of a charter school in Unit 10 by Newpoint Pinellas and
its successors and assigns, and the Use Restriction will otherwise continue to apply to the
entire Shopping Center, excluding any independent written waivers hereinafter given by
the Phillies and the City. The waivers set forth herein are expressly subj ect to all other
applicable governmental and regulatory approvals necessary to legally operate Newpoint
Pinellas at the subj ect location.
Please acknowledge the City's and the Phillies' respective limited waiver of the Use
Restriction for the limited purpose described herein by causing an authorized
representative to sign and date this letter in the space provided below and returning it to
the undersigned at your earliest convenience. Thank you in advance with your assistance
with this request.
Sincerely,
DDR SOUTHEAST CLEARWATER DEVELOPMENT, L.L.C.,
a Delaware limited liability company
By: _
Name:
Title:
[Signed Counterparts are Attached on the Following Pages]
I[�ii�:�iE:3
April , 2012
Page 3 of 3
ACCEPTED AND AGREED:
THE CITY OF CLEARWATER
By: _
Name:
Title:
Dated: April , 2012
ACCEPTED AND AGREED:
PHILLIES FLORIDA LLC,
a Delaware limited liability company
By: The Phillies,
a Pennsylvania limited partnership,
its sole member
By: _
Name:
Title:
Dated: April , 2012
Attachment number 1 \nPage 3
I[�ii�:�iE:3
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p2-326448 SPT- 3-2002 3�53�1
P I NE� IIIIIIIIIIIIIIIIIII�IIIIIIIUIIIIIUIUIIIIbIIII
This instrument prepared by:
Joan M. Budd, Esq.
Senior Counsel Target Law Department
1000 Nicollet Mall
TPS-3155
Minneapolis, MN 55403
(612) 696-3475
After recording is to be returned to�
Mark G..Lawson
Bryant, Miller and Olive, P.A.
201 South Monroe Street, Suite 500
Tallahassee, Florida 32301
� (850) 222-8611
� Attachment number 2 \nPage 1
KARLEEN F. �$LAKEk, CLEkK OF COURT
PI1�LL�i���,��1�OPY --------
5C1�499 09-03-2002
51 EAS—N� DEF'OT
Q00�5
�CQRDING 022 FAGES
D� 5T� —1�219
OFFICIAL C�IES
CERTIFCATI�N
15:��:2� JTF
TOTAL: .
[�CK f�IT.TENDE�D:
CF�i�:
BY �� DEPUTY CLERK
1 �100.50
3 �27�475.00
5 ��.00
6 �1. �
$27a5�8.�
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_ -� COVENANTS, RESTRICTIONS, GRANT OF EASEMENTS AND
:;s p�,��s� �� ,� MODIFICATION OF CLEARWATER COMMONS
`�5 --- SHOPPING CENTER OPERATION AND RECIPROCAL
''"� �-- EASEMENT AGREEMENT
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REV ��� THIS COVENANTS, GRANT OF EASEMENTS AND MODIFICATION OF
TOTAt����_._. CLEARWATER COMMONS �HOPPING CENTER OPERATION AND RECIPROCAL
� EASEMENT AGREEMENT (hereinafter referred to as this "Modification Agreement") is
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made and entered into by and between Home Depot U.S.A., Inc., a Delaware corporation
(hereinafter "Home Depot"), Target Corporation, a Minnesota corporation, formerly known as
Dayton Hudson Corporation (hereinafter "TargeY'), and Clearwater Collection Associates, Ltd., a
Florida limited partnership (hereinafter "Sembler"); and same is joined into and executed by the
City of Clearwater, Florida (hereinafter the "Cit�'), and The Phillies, a Pennsylvania limited
partnership ("The Phillies") solely for the purposes provided for in Section 8 hereof.
RECITALS
A. Home Depot, Target and Sembler (hereinafter singularly refened to as "Owner"
and collectively referred to as the "Owners") collectively own all lands subject to that certain
Operation and Reciprocal Easement Agreement recorded in Official Records Book 6440, at Page
2013 which has been previously modified by (1) that certain Ratification of Operation and
Reciprocal Easement Agreement recorded in Official Records Book 6735, page 217, (2) that
certain Third Amendment to an Operation and Reciprocal Easement Agreement recorded in
Official Records Book 6921, at Page 129, (3) that certain Amendment to an Operation and
Reciprocal Easement Agreement recorded in Official Records Book 7561, at Page 2125, (4) that
certain Fourth Amendment to an Operation and Reciprocal Easement Ag�eement recorded in
Official Records Book 7541, at Page 849 which was re-recorded in Official Records Book 7561,
at Page 2125, and (5) that certain Fifth Amendment to Operation and Reciprocal Easement
Agreement recorded in Official Records Book 9664, at Page 451, all in the Public Records of
Pinellas County, Florida (collectively the "REA"). Each Owner xepresents and affirtns that it
g���4�i # 18
Attachment number 2 \nPage 2
PIMELLRS COUNTY FLA,
OFF,REC,BK 12196 PG 392
owns its respective tract as identified in the REA and will respectively secure the joinder or
subordination hereto of any mortgagee holding a mortgage on such Owner's respective tract.
B. The City has entered into a purchase and sale agreement with Home Depot to
purchase all lands and interests owned by Home Depot now subject to the REA for the purpose
of (1) constructing on the lands owned by Home Depot and certain adjoining lands, which are
not subject to the REA, a community sports complex (the "Community Sports Complex") to
include without limitation (a) an open air, natural grass ballpark meeting first class Major League
Baseball spring training standards, with seating for approximately 7,000 persons (including
premium seating and group areas) and an outfield berm seating area accommodating
approximately 1,000 fans for on-grass seating and including clubhouse faciiities, batting tunnels,
team office space for The Phillies, locker rooms and other elements of such ballpark and
stadium, (b) one practice infield, (c) on-site parking areas, and (d) other facilities such as a
restaurant/sports bar, a souvenir/sporting items store, a health/fitness facility, and other facilities
of like or similar use, and (2) inducing The Phillies (together with its successors and or assigns,
including without limitation any successor user of the Community Sports Complex), the owner
and holder of the Major League Baseball franchise for the Philadelphia area, to enter into a long
term agreement with the City for the financing, development, construction, completion, use and
operation of the Community Sports Complex.
C. The Owners and the City are mutually desirous of releasing and waiving any
restrictive covenant or condition or other restrictions or provisions set forth in the REA which
would prohibit, prevent, limit, impinge, impair or interfere with, or otherwise adversely affect,
the financing, development, construction, completion, use and operation of the Community
Sports Complex and otherwise modifying and amending the REA in order to facilitate the
financing; development, constnzction, completion, use and operation of the Community Sports
Complex.
AGREEMENT
NOW, THEREFORE, in consideration of the premises contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and
are incorporated by this reference for all purposes.
2. RELEASE OF HOME DEPOT TRACT FROM REA.
(A) Upon the City acquiring title to all of the lands owned by Home Depot subject to
the REA (the "Home Depot Tract"), the Owners, for themselves, and their successors and/or
assigns, including without limitation their respective successors in title, hereby waive and release
any and all restrictive covenants or conditions or other provisions or limitations of any kind
provided in, or imposed by, the REA, which would prohibit, prevent, limit, impinge, impair, or
interfere with, or otherwise adversely affect, the financing, development, construction,
completion, use or operation of all or any portion � of the Community Sports Complex, its
2 Item # 18
Attachment number 2 \nPage 3
PINELLRS COUNTY FLR.
OFF , REC , BK 12196 PO 393
elements or appurtenant facilities, including without limitation signage, on the Home Depot
Tract. Additionally, to the extent that any option to purchase or lease or any right of first refusal
exists with respect to all or any portion of the Home Depot Tract, under the REA or otherwise in
favor of either Sembler or Target which relates to the Home Depot Tract, such option or right is
hereby released and the Home Depot Tract and Home Depot and any successor owner of the
Home Depot Tract shall be forever discharged therefrom.
(B) Upon the City acquiring title to the Home Depot Tract, the Home Depot Tract
shall be released in all respects from the REA and only this Modification Agreement shall
remain effective as to the Home Depot Tract. The lands owned by Target and Sembler subject to
the REA (the "Remaining REA Tracts") shall continue to be subject to the REA and this
Modification Agreement. .
3. CONSENT TO COMMUNITY SPORTS COMPLEX; RESTRICTIONS.
(A) The Owners hereby acknowledge and consent to the City's acquisition of the
Home Depot Tract and. to the development and construction of the Community Sports Complex
in part thereon and to the use and occupancy of the Community Sports Complex by the City and
The Phillies, as provided for in (and pursuant to and in compliance with the terms and provisions
o fl that certain "Agreement for Development of Community Sports Complex", by and between
the City and The Phillies, dated March 1, 2001 and that certain "Sports Facility Use Agreement",
also by and between the City and The Phillies, dated December 31, 2000, as both agreements
have been amended by that certain Community Sports Complex Amendatory Agreement dated
as of April 1, 2002 (collectively as amended, the "Sports Complex Agreements"), as the same
may be amended from time to time. For so long as the Sports Complex Agreements remain in
effect, no future amendment thereto shall substantially or materially change the contemplated
uses of the Home Depot Tract in aonjunction with the Community Sports Complex. For
purposes of this Modification Agreement, the Sports Complex Agreements shall be deemed to be
in effect on the date hereof, regardless of the specific effective dates of the Sports Complex
Agreements,
(B) In consideration for the foregoing consent and approval, the parties hereto agree
and acknowledge that the use of the Home Depot Tract and Remaining REA Tracts shall
continue to be subject to the following restrictions:
(1) No use or service shall be permitted which is inconsistent with the
operation of a first-class retail shopping center or the Community Sports Complex as
contemplated by the Sports Complex Agreements. Without limiting the generality of the
foregoing, the following uses or services shall not be consistent with the concept of a first-class
retail shopping center and shall be prohibited:
(a) Any use which emits an obnoxious odor, noise, or sound (exclusive of
odor resulting from food preparation, or noise or sound emanating from
the Community Sports Complex) which can be heard or smelled outside of
any building;
3 Item # 18
Attachment number 2 \nPage 4
PINELLRS COUNTY FLF.
OFF,REC,BK 12196 PO 394
(b) Any operation primarily used as a warehouse operation and any
assembling, manufacturing, distilling, refining, smelting, agricultural, or
mining operation;
(c) Any "second hand" store or consolidation or salvage store (exclusive of
baseball trading cards or baseball memorabilia);
(d) Any mobile home park, trailer court, labor camp, junkyard, or stockyard
(except that this provision shall not prohibit the temporary use of
construction trailers or the assemblage or use of construction related ,
materials duripg periods of permitted construction, reconstruction or
maintenance); ,
(e) Any dumping, disposing, incineration or reduction of garbage (exclusive
of garbage compactors servicing the Community Sports Complex or
located in the rear of any building located on the Remaining REA Tracts);
( fl Any fire sale, bankruptcy sale or going out of business sale (unless
pursuant to a court order or license issued by the sheriff of Pinellas
County), or auction house operation;
(g) Any central laundry, dry-cleaning plant or laundromat; provided, however,
this prohibition shall not be applicable to a plat of less than 2,500 square
feet of floor area nor shall such prohibition apply to the operation of a
laundry facility on the Home Depot Tract which only services the
Community Sports Complex and not the public in general;
(h) Any automobile, truck, trailer or r.v. sales, leasing, display or repairs;
(i) Any living quarters, sleeping apartments or lodging rooms, except for
overnight facilities located within and used for Community Sports
Complex related purposes;
(j) Any veterinary hospital or animal raising facilities (except that this
prohibition shall not prohibit pet shops);
(k) Any mortuary;
(1) Any adult book store or other establishment selling or exhibiting
pornographic materials;
(m) Any flea market, pool or billiard hall or car wash;
(n) Any establishment selling or exhibiting merchandise or paraphernalia
related to the use or production of illicit drugs such as a"roach clip", "water pipe",
a Item # 18
Attachment number 2 \nPage 5
PINELLRS COUNTY FLR.
OFF,REC,BK 12196 PO 395
"bong", "toke", "coke spoon", "cigarette papers", "hypodermic syringe", or any books,
magazines, newspapers or video tapes which would be obscene under the prevailing law;
(o) Any off-track betting parlor.
(2) Each Owner shall use reasonable efforts to cause the employees or the
occupants of its property to park their vehicles only within areas designated by each respective .
Owner for employee parking on their respective tracts. The City and the Phillies shall use
commercially reasonable efforts to prevent employees, agents and invitees of the City or The
Phillies, including without limitation those persons attending events at the Community Sports ,
Complex and those persons otherwise employed at the Community Sports Complex or the Home
Depot Tract (collectively, the "Sports Complex Parties") from parking in any axeas of the
Remaining REA Tracts during such �vents; provided, however, the foregoing parking restriction
shall not be construed to prohibit any bonafide patron of any commercial facility located on the
Remaining REA Tracts from parking in the parking areas of the Remaining REA Tracts for the
purposes of conducting business in such commercial facilities.
(3) All improvements, repairs, construction, reconstruction and/or
maintenance on the Remaining REA Tracts shall be undertaken and completed in a manner
consistent with the REA. All improvements, repairs, construction, reconstntction and/or
maintenance on the portion of the Community Sports Complex located on the Home Depot Tract
shall be undertaken and completed in a manner consistent with the Sports Complex Agreements.
(C) No party hereto shall cause any lien by any materialman, mechanic, labor or
vendor to be placed upon any other parties' land or interest in the Home Depot Tract or the
Remaining REA Tracts. It shall be the affirmative responsibility of the offending or responsible
party to take commercially reasonable action to immediately pay, release, bond, or otherwise
remove any such lien.
4. INGRESS AND EGRESS.
(A) The Owners of the Remaining REA Tracts hereby grant to Home Depot, and any
successor owner of the Home Depot Tract, including without limitation the City, for the use of
such owners and the Sports Complex Parties in common with others entitled to use the same, a
non-exclusive perpetual easement (i) for passage of vehicles (but not for parking purposes) over
and across the internal driveway areas within the Common Area (as such term is defined in the
REA, priar to giving effect to this Modification Agreement, and is hereinafter used as so
defined) of the Remaining REA Tracts, and (ii) for the passage and accommodation of
pedestrians over and across the driveway and sidewalk areas within the Remaining REA Tracts,
as such driveways and sidewalks may be from time to time be reconfigured and maintained to
support such uses. The easements granted in Section 4(A)(i) and (ii) above are hereinafter
referred to as the "Community Sports Complex Easement". For the limited purposes stated in
the first sentence of this Subsection 4(A), the grant of the Community Sports Complex Easement
shall include the right to ingress and egress access to the Community Sports Complex Easement
from the currently existing access points hereinafter collectively referred to as the "Access
Points" and singularly as an "Access Point") from Coachman Road, Drew Street and U.S.
5 Item # 18
Attachment number 2 \nPage 6
PINELLRS COUNTY FLR,
OFF . REC , BK 12196 P0 396
Highway 19 (the "Public Streets") as the Access Points may from time to time be constructed or
maintained. In consideration of the granting of the Community Sports Complex Easement, the
City and The Phillies agree that (x) the Community Sports Complex will be designed,
constructed and operated with the main public entrance and primary public access point to the
Community Sports CQmplex on Coachman Road and (y) the only Sports Complex Parties
entitled to use the Drew Street Access Point will be those parking in the Parking Lot (as defined
in Section 6(A) hereo fl. The foregoing grant of the Community Sports Complex Easement and
right to use the Access Points shall not be construed to grant any right to use the Remaining REA
Tracts for parking purposes and shall be expressly deemed to prohibit any such parking by the
Sports Complex Parties. Notwithstanding anything to the contrary contained herein, neither the
City nor The Phillies shall direct vehicular traffic (other than vehicular traffic parking in the
Parking Lot or having business in the Community Sports Complex, ;ncluding without limitation
on the Home Depot Tract) over and across the Community Sports Complex Easement or any
other parking and driveway areas of the Remaining REA Tracts during events at the Community
Sports Complex or otherwise.
(B) The Owners of the Remaining REA Tracts agree not to materially or substantially
modify the use or configuration of the Community Sports Complex Easement in a manner that
removes or prohibits reasonable pedestrian or vehicular access over the Community Sports
Complex Easement from the Access Points for the Sports Complex Parties who are entitled to
use the same as provided in Section 4(A) hereof. Any such modification or re-configuration shall
provide for paved vehicular access, at least thirty (30) feet in width, from the Home Depot Tract
to each of the Public Streets. Each respective Owner of the Remaining REA Tracts effecting
redevelopment or other material reconfiguration of the Community Sports Complex Easement
improvements shall pay all costs and expenses with respect thereto, including the provision of
alternative ingress and egress as aforementioned to each of the Public Streets, and shall cause all
work in connection therewith (including general clean-up and proper surface and or subsurface
restoration) to be completed as quickly as possible, to be effected other than during the months
of February and March (except in the case of emergencies) and to be accomplished in a manner
so as to minimize interference with the use of the Home Depot Tract and the Community Sports
Complex by the City and The Phillies. Except in the case of emergencies, prior to commencing
any material or substantial modification of the use or configuration of the Community Sports
Complex Easement or the Access Points, the Owner(s) of the Remaining REA Tracts
undertaking such work shall first provide to the City and The Phillies thirty (30) days advance
written notice which reasonably describes the modification of the use or reconfiguration of the
Community Sports Complex Easement or the Access Points, as applicable. Notwithstanding
anything to the conCrary contained in this Section 4(B), neither the City nor The Phillies (nor any
other Owner) shall materially change the functional design of the existing entry to the Common
Area located on the Remaining REA Tracts from the U.S. 19 Access Point without the written
consent of all Owners. The functional design of the existing entry to the Common Area from the
U.S. 19 Access Point requires vehicular traffic to either turn right into the Home Depot Tract or
turn left into the Remaining REA Tracts after crossing the access bridge.
6 Item # 18
Attachment number 2 \nPage 7
PINELLRS COUNTY FLR,
OFF , REC . BK 12 196 PG 397
5. UTILITIES.
(A) Each Owner hereby grants and conveys to each other Owner non-exclusive
perpetual easements in, to, over, under, along and across those portions of the Common Area,
including without limitation those on the Home Depot Tract, as are necessary for the grantee
Owner to continue to use, maintain, repair and replace all lines or systems for utilities servicing
the grantee Owner's land, including but not limited to sanitary sewers, storm drains, drainage
detention, retention and treatment ponds, water (fire and domestic), gas, electrical, telephone and
communication lines; provided, however, that (1) such usage shall not exceed the existing
capacity . thereof and (2) the grantee Owner effecting any repair or replacement (or permitted
expansion in order to increase capacity) thereof shall pay all costs and expenses (including but
not limited to the costs of any permits) with respect thereto and shall cause all work in
connection therewith (including general clean-up and proper surface and or subsurface
restoration to at least the quality and standard that existed prior to such work) to be completed as
quickly as possible and in a manner so as to minimize interference with the use of said Common
Area by the grantor Owners. Specifically, but without limitation, the reconfiguration of the
Home Depot Tract and its incorporation into the Community Sports Complex shall not impact
the existing drainage in a manner that would reduce the outfall available to the Remaining REA
Tracts below capacity levels that such lands are currently utilizing, without the prior written
consent of the Owners of the Remaining REA Tracts. The City and The Phillies will construct
and install sepazate sanitary sewer lines to provide service to the Community Sports Complex.
However, the City and The Phillies shall be entitled to use the existing storm water retention
facilities on the Remaining REA Tracts, provided however, that if the capacity of such retention
facilities needs to be increased to allow such additional use, the City and The Phillies shall bear
the cost of such expansion.
(B) Except in the case of existing storm drains, drainage, detention, retention and
treatment ponds and water lines (for fire purposes only), the City and The Phillies shall use
commercially reasonable efforts to design and construct the Community Sports Complex in a
manner that any existing, additional or replacement utilities are, to the extent practicable,
segregated from and operate independently of the Common Area on the Remaining REA Tracts
and any utility lines, services and systems located in the Common Area on the Reaming REA
Tracts (or off-site from the Shopping Center, as that term is defined in the REA, and necessary
for the operation of the Common Area on the Remaining REA Tracts or any of the
improvements on the Remaining REA Tracts). All parking area lighting, electric, and water and
gas service shall be separately metered. Except as aforesaid, all costs associated with relocating
or reconfiguring utilities and common improvements necessary to avoid common expenditure,
such as power and water, shall be borne by the City and or The Phillies. Subject to subsection
(C) below, the City and The Phillies are hereby authorized to relocate or reconfigure, and shall
bear the expense of relocating and reconfiguring, any utility lines or systems on the Home Depot
Tract servicing the Home Depot Tract or the Remaining REA Tracts to the extent necessitated by
construction and use of the Community Sports Complex.
(C) All utilities shall be underground unless required to be above ground by the utility
providing such service. Prior to exercising the right granted in this Section 5, the grantee Owner
shall first provide the grantor Owner with a written statement describing the need for such repair
� Item # 18
Attachment number 2 \nPage 8
P INELLRS COUNTY FLFI ,
OFF , REC . BK 12196 PG 398
or modification to the existing utility, shall identify the proposed location of the work to be done,
and shall furnish a certificate of insurance showing that its contractor has obtained insurance
coverage as required in Section 10 hereof. To the extent that any utility lines or systems located
on the Remaining REA Tracts need to be relocated or upgraded in connection with the
construction and use of the Community Sports Complex, the City and The Phillies shall provide
the Owners of the Remaining REA Tracts with at least two (2) weeks' written notice of same and
the grantor Owner shall have the right to approve the location of any such relocated line or
system; provided, however, such approval shall not be unreasonably withheld or delayed so long
as such relocation: (i) shall not interfere with or diminish the utility services to the grantor Owner
(except as may be temporarily necessary during non-business hours to complete the relocation of
the line or system); (ii) shall not reduce or unreasonably impair the usefulness or function of such
utility; (iii) shall be completed using materials and design standards that equal or exceed those
originally used; (iv) if required by the applicable utility company or governmental authorities,
shall have been approved by the utility company and the appropriate governmental or quasi-
governmental authorities having jurisdiction thereover; and (v) shall not unreasonably interfere
with the grantor Owner's business operations.
(D) Any maintenance and repair to utility lines or systems on a grantor Owner's Tract
shall be performed only after two (2) weeks' notice to said grantor Owner (except in an
emergency the work may be initiated with reasonable notice). All maintenance and repairs shall
be done and shall otherwise be performed in such a manner as to cause as little disturbance in the
use of grantor Owner's land as is practicable under the circumstances and (i) shall not reduce or
unreasonably impair the usefulness or function of such utility; (ii) shall be completed using
materials and design standards that equal or exceed those originally used; (iii) if required by the
applicable utility company or governmental authorities, shall have been approved by the utility
company and the appropriate governmental or quasi-governmental authorities having jurisdiction
thereover; and (iv) shall not unreasonably interfere with the grantor Owner's business operations.
Each grantee Owner agrees to cooperate with the grantor Owner so that such repairs to the extent
possible will not be made during grantor Owner's business hours, to diligently complete such
work as quickly as possible, and to promptly clean the area and restore the affected portion of the
Common Area to a condition equal to or better than the condition which existed prior to the
commencement of such work. Except during the initial construction of the Community Sports
Complex, scheduled maintenance, repair or reconstruction of utility lines or systems shall not
occur during November, December, February or March unless agreed to in writing by all
Owners.
(E) The easements referred to herein are perpetual and shall survive the termination of
this Modification Agreement provided, however, that if after the termination of this Modification
Agreement, any such perpetual easement is not used by the grantee Owner for two (2)
consecutive years, then at the option of the grantor Owner such easement shall terminate and
expire as to such grantee Owner not so using the easement, provided that prior to any such
termination, the grantor Owner shall give thirty (30) days notice to the grantee Owner, of such
termination, and the grantee Owner shall have the right, within such thirty (30) day period, to
give notice to the grantor Owner of its election to continue the use of such easement, in which
event such easement shall not terminate.
IE�ii�:�iE:3
Attachment number 2 \nPage 9
PINELLRS COUNTY FLR,
OFF,REC,BK 12196 PO 399
(F) For purposes of this Section 5, the term "Owner" shall be deemed to include the
City, as successor in interest to Home Depot with respect to the Home Depot Tract.
6. PARKING; USE AND MAINTENANCE OF PUBLIC AREAS.
(A) The City and The Phillies shall design and use that portion of the Home Depot
Tract that is south of the southern face of the existing building (former Home Depot store) now
located thereon only for parking, access and egress, utilities and signage and will locate no
improvements thereon other than improvements relating to the permitted uses listed in this
sentence. Such design shall segregate parking on the Home Depot Tract by using landscaping,
berming, curbing, or other vehicular barriers in the manner and locations shown on the drawing
attached hereto as Exhibit A(the "Parking Site Plan"). The area of the Home Depot Tract south
of the southern face of the existing building is hereinafter referred to as the "Parking LoY'. The
City and The Phillies agree, in good faith, to consult with the Owners of the Remaining REA
Tracts during the design phase of the Community Sports Complex as it relates to the Parking
Lot. All final site plan and design decisions will be made by the City or The Phillies; except that
there shall be no material or substantial change to the Parking Lot as shown on the Parking Site
Plan, without the prior written consent of the Owners of the Remaining REA Tracts, such
consent not to be unreasonably withheld or delayed.
(B) The City and The Phillies, during the respective events at the Community Sports
Complex and preparation for or clean-up after such events, shall use commercially reasonable
efforts to prevent persons attending such events from parking on the Remaining REA Tracts or
using any ingress and egress from Drew Street for vehicular access, except for those parking in
the Parking Lot. Such preventive efforts shall employ (by way of illustrations) the use of advance
pedestrian and traffic control planning, directional signage, barricades and parking personnel,
security, or police officers. If, after an event, the Owners of the Remaining REA Tracts have
concerns or request additional consideration, the City and The Phillies agree in good faith to re-
evaluate the parking and traffic control measures to be taken in the future and consider (but not
be bound by) the concerns and suggestions made in good faith by the Owners of the Reaming
REA Tracts.
(C) The Owners, or any occupant, lessee, licensee or agent of the Owners, shall not
charge for parking or otherwise operate any parking concession on the Remaining REA Tracts
without prior written approval of the City and The Phillies. Such written approval shall be at the
sole discretion of the City and The Phillies.
(D) After each event at the Community Sports Complex, the City and or The Phillies
shall, in a commercially reasonable fashion and in compliance with the standards of the Sports
Complex Agreements, clean or sweep all sidewalks, drives and parking areas and remove papers,
debris, filth and refuse therefrom on the Home Depot Tract, the Community Sports Complex
Easement and, to the extent such refuse results from a Community Sports Complex event, the
Common Area and Access Points to the extent necessary to return same to a clean and orderly
condition.
� Item # 18
Attachment number 2 \nPage 1i
PINELLRS COUNTY FLR,
OFF,REC,BK 12196 PG 400
7. DEMOLITION AND CONSTRUCTION.
(A) The Phillies and the City shall effect the demolition of the existing Home Depot
building and the construction of the Community Sports Complex on the Home Depot Tract,
(including the Parking Lot) as well as any repair or restoration of utilities on the Remaining REA
Tracts as otherwise provided herein, taking commercially reasonable precautions to minimize
adverse business impact upon the Remaining REA Tracts. All general construction traffic to and
from the Home Depot Tract shall be allowed to enter the Home Depot Tract from the Coachman
Road Access Point along the northerly portion of the Remaining REA Tracts, and the U.S.
Highway 19 Access Points only; provided, however, all concrete trucks shall enter the Home
Depot Tract from the Coachman Road Access Point oniy. Construction traffic shall not
unreasonably interfere with or unduly impede ingress, egress or access by patrons visiting or
vendors servicing the Remaining REA Tracts.
(B) The City and The Phillies respectively shall have an affirmative obligation to use
commercially reasonable efforts to immediately repair or restore any portions of the Remaining
REA Tracts, improvements or buildings located thereon, the Community Sports Complex
Easement, and/or the Access Points used or available to use by the Home Depot Tract and REA
Remaining Tracts which are damaged respectively by them or their contractors during
demolition of the Home Depot building or construction of the Community Sports Complex,
including the Parking Lot.
(C) During demolition of the Home Depot building and construction of the
Community Sports Complex (including the Parking Lot), the City and The Phillies shall fence,
provide a visual screen (not less than five (5) feet above ground level), and otherwise secure the
Home Depot Tract (including the Paxking Lot) from the Remaining REA Tracts. Except in
connection with the relocation, maintenance or repair of utilities as provided in Section 5, all
construction activities and construction staging for such demolition and construction shall be
contained on the Home Depot Tract or property other than the Remaining REA Tracts. Such
demolition or construction shall not unreasonably or unduly impede any ingress or egress to the
Remaining REA Tracts.
,(D) All demolition and construction contemplated under the terms of this
Modification Agreement shall be done in compliance with all applicable laws, rules, regulations,
orders and orders of all governmental or quasi-governmental authorities having jurisdiction over
same.
(E) After the initial demolition and construction on the Home Depot Tract as
contemplated herein, there shall be no construction work thereon, including without limitation
repairs or restoration during the months of November and December, except in the case of
emergencies.
8. JOINDER.
(A) This Modification Agreement is executed and joined by the City and The Phillies
sblely to evidence joinder of the City and The Phillies and concurrence herewith, and their
io Item # 18
Attachment number 2 \nPage 1
PINELLAS COUNTY FLR,
OFF,REC,BK 12196 PG 401
acknowledgement that they respectively agree to be bound hereby upon the City's acquisition of
the Home Depot Tract and upon entering into a long term agreement for the financing,
development, construction and use of the Community Sports Complex. It is the intent of the
parties hereto that the City and The Phillies shall both be beneficiaries and obligors under this
Modification Agreement.
(B) Except for those that have accrued but been unperformed or unfulfilled, all rights
or obligations of The Phillies arising from this Modification Agreement shall cease and terminate
upon termination of both of the Sports Complex Agreements. The recording in the Official
Records of Pinellas County, Florida, of a certificate executed by the City Manager or by the
Chief Executive Officer of The Phillies to such effect shall be conclusive evidence of such
termination; provided, however, no such termination hereunder shall be effective against the
Owners of the Remaining REA Tracts until each such Owner has actually received written notice
of such termination from the City Manager or the Chief Executive Officer of The Phillies.
9. EFFECT; APPLICABLE LAW.
(A) The provisions of this Modification Agreement shall run with, touch and concern
the Home Depot Tract and the Remaining REA Tracts, and be binding upon the Owners
(i�cluding the City) and The Phillies and their respective successors in interest. In particular, the
easements granted hereunder shall be appurtenant to and for the benefit of each of the respective
grantee's tracts and shall be binding and enforceable against and burden each grantor's tract.
(B) This Modification Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Florida. All parties have participated in the drafting and
preparation of this Modification Agreement, and the provisions hereof shall not be construed for
or against any party by reason of authorship. The parties to this Modification Agreement
expressly consent to the jurisdiction of and agree to suit in any court of general jurisdiction in the
State of Florida, whether state, local or federal, and further agree that venue shall lie in Pinellas
County, Florida.
10. INSURANCE.
(A) Prior to commencing any demolition or construction activities on the Home Depot
Tract, the City and The Phillies (as applicable depending on which entity or entity's contractors
are performing the work) shall obtain or require its contractor to obtain and thereafter maintain
so long as such demolition or construction activity is occumng,(and continuing thereafter
throughout the term of this Modification Agreement as to the Phillies and the City) at least the
minimum insurance coverages set forth below:
(I) As to The Phillies and all contractors (whether for The Phillies or the City):
a. Workers' compensation and employer's liability insurance:
(i) Statutory Worker's compensation insurance as required by any applicable law
or regulation; and
11 Item # 18
Attachment number 2 \nPage 1;
PINELLRS COUNTY F'LR,
OFF , REC , BK 12196 PG 402
(ii) Employer's liability insurance in an amount no less than $500,000 each
accident for bodily injury, $500,000 policy limit for bodily injury by disease
and $500,000 each employee for bodily injury by disease.
b. Commercial General Liability insurance covering all operations by or on behalf of the
contractor or The Phillies, as applicable, which shall include the following minimum
limits of liability, with deductibles up to $100,000 per person and $200,000 per
occurrence:
(i) $5,000,000 each occurrence (for bodil}• injury and property damage).
(ii) $5,000,000 for Personal Injury Liability.
(iii) $5,000,000 aggregate for Products and Completed Operations; and
(iv) $5,000,000 general aggregate applying separately to this project.
c. Automobile liability insurance including coverage for owned, hired and non-owned
automobiles. The limits of liability shall not be less than $5,000,000 combined single
limit each accident for bodily injury and property damage. The contractor shall
require each of his subcontractors to include in their liability insurance policies
coverage for automobile contractual liability.
(T� As to the City:
a. Statutory worker's compensation insurance as required by any applicable law or
regulation, per occurrence with self insured retention of $500,000;
b. Employer's liability insurance in the amounts set forth in Section 10(A)(I)a(ii);
and
c. Automobile liability insurance and Commercial General Liability insurance which
shall include the following minimum limits of liability:
(i) $100,000 per person/$200,000 per occurrence self-insured retention with
the statutory limits per Section 768.28 Florida Statutes; and
(ii) $5,000,000 per occurrence excess insurance (no aggregate applicable)
with self-insured retention of $500,000.
(B) During the demolition and construction on the Home Depot Tract all contractors
shall be required to carry worker's compensation insurance and employer's liability insurance in
the amounts set forth in Section 10(A)(I)(a) and builder's risk insurance on the project in
12 Item # 18
Attachment number 2 \nPage 1;
PINELLRS COUNTY FLR,
OFF,REC,BK 12196 PO 403
commercially reasonable amounts. After the demolition and construction on the Home Depot
Tract (The Phillies and the City, as applicable) shall carry property insurance on all
improvements on the Home Depot Tract and the Community Sports Complex as and to the
extent required by the Sports Complex Agreements. Prior to commencement of demolition and
construction, the Owners of the Remaining REA Tracts shall be provided certificates of
insurance evidencing for the builder's risk coverage.
(C) Any provision of this Modification Agreement to the contrary notwithstanding,
while the City shall maintain insurance coverage and limits as provided for in the Modification
Agreement, the parties hereto specifically agree that the City may provide the insurance coverage
required herein by self-insurance, by self-funding, by purchase, or any combination thereof in the
sole discretion of the City. To the extent required by the terms of tl�is Modification Agreement,
insurance coverage and limits shall be evidenced by delivery to the appropriate parties as
provided herein, letters of self-insurance or self-funding executed by the City's Risk Manager, or
by certificates of insurance executed by either the agent for the insurers or by copies of policy
declaration pages. Such letters, certificates, and policy declaration pages shall list coverage
(including the amount of insurance per claim and per occurrence, any gap in coverage, and the
amount of the excess insurance) and policy limits with expiration dates and major policy terms
and endorsements.
(D) All insurance policies obtained pursuant to this Section 10 shall be with
companies legally authorized to do business in the State of Florida and which possess a
minimum rating of A- or better and a minimum class VIII financial size category (as listed at the
time of issuance by A.M. Best Insurance Reports). Additionally, all policies required to be
delivered pursuant to Section 10(A) shall name each Owner of the Remaining REA Tracts as an
additional insured. Each party required to furnish insurance pursuant to the Section 10(A) shall
furnish or cause to be furnished to each Owner of the Remaining REA Tracts a certificate of
insurance (in form reasonably acceptable to the Owner) evidencing all such insurance policies.
Renewal certificates for all insurance required under this Section 10 shall be delivered to each
owner of the Remaining REA Tracts at least 10 days prior to the expiration of any policy of
insurance and no such policy shall be cancelable or subject to reduction of coverage except after
30 days prior written notice to all parties hereto which affirmative obligations for notice shall be
shown on the certificates to be delivered hereunder. Notwithstanding anything herein to the
contrary, this paragraph D shall not apply to the City to the extent the City elects to self-insure or
self-fund. �
(E) If a party required to provide insurance hereunder fails to obtain, keep in force or
provide evidence of any of the insurance policies or self-insurance coverage required by this
Section 10, each party entitled to the insurance may give written notice to the defaulting party,
and the defaulting party shall have until the earlier of (i) ten business days after its receipt of
such notice, or (ii) regardless of whether notice shall have been given, one day before the date
required insurance will lapse, to cure default. If the default is not cured within such period,
unless such failure is the result of an inability to obtain such insurance as a result of the
unavailibility of such insurance coverages generally on commercially reasonable terms, then the
parties entitled to the insurance shall (x) have the right to cure the default and be reimbursed by
13 Item # 18
Attachment number 2 \nPage 1�
PINELLRS COUNTY FLR,
OFF.REC,BK 12196 PG 404
the defaulting party with a commercially reasonable time after request, and (y) have all remedies
available at low or in equity.
11. � CONFLICTS/RATIFICATION. If there is any conflict between the provisions
of the REA and this Modification Agreement as same relate to the Home Depot Tract, the
provisions of this Modification Agreement shall control; provided, however, that as between the
Owners of the Remaining REA Tracts, if there is any conflict between the provisions of the REA
and this Modification Agreement as same relate to the Remaining REA Tracts, and the
respective Owners of such "tracts rights and obligations with respect to same, the REA (except as
expressly amended herein with respect to such tracts) shall control. Except as supplemented and
amended by this Modification Agreement, the REA is ratified by the Owners of the Remaining
REA Tracts and remains in full force and effecf as to the Owners of the Remaining REA Tracts
and their respective tracts. Each of the parties hereto represents and warrants that it has the full
capacity, right, power and authority to execute, deliver and perform this Modification
Agreement, and all required actions, consents and approvals therefor have been fully taken and
obtained. Furthermore, each of the parties hereto represents and warrants that upon full
execution of this Modification Agreement, the REA as amended by this Modification Agreement
shall be binding on all parties or entities with any interest in the Remaining REA Tracts,
including the holder of any mortgagee's interest.
12. WAIVER. Failure of any party hereto to exercise any right given hereunder or
to insist upon strict compliance with regard to any term, condition or covenant specified herein,
shall not constitute a waiver of that party's right to exercise such right or to demand strict
compliance with any term, condition or covenant under this Modification Agreement.
13: NOTICES. All notices, demands and requests (collectively, the "notice")
required or permitted to be given under this Modification Agreement must be in writing and shall
be deemed to have been given as of the date such notice is (i) delivered to the party intended, (ii)
delivered to the then designated address of the party intended, (iii) rejected at the then designated
address of the party intended, provided such notice was sent prepaid, or (iv) sent by nationally
reco;nized overnight courier with delivery instructions for "next business day" service, or by
United States certified mail, return receipt requested, postage prepaid and addressed to the then
desi�ated address of the party intended The addresses of the parties shall be:
Target: Target Corporation
Properly Development
Attn: Property Administration
1000 Nicollet Mall
Mirmeapolis, NIN 55403
Sembler: The Sembler Company
Gregory S. Sembler
5858 Central Avenue
St. Petersburg, FL 33707-1728
1� Item # 18
With a copy to: Ruden McClosky
401 E. Jackson Street, Suite 2700
Tampa, FL 33602-5226
� Attention: James B. Soble, Esquire
Home Depot:
With a copy to
With a copy to:
Home Depot U.S.A., Inc.
W. Keith Valentine
2455 Paces Ferry Road
Atlanta, FL 30339
Home Depot U.S.A., Inc.
Jeff A. Israel, Esquire
2455 Paces Ferry Road, NW
Bldg. C, 20`h Floor
Atlanta, GA 30339
Alston & Bird LLP
Daniel R. Weede
One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309
The Crty: City of Clearwater, Flonda
112 S. Osceola Avenue
3rd Floor
Clearvvater, FL 33756
Attention: Pamela Aldn,
CityAttomey
With a copy to: City of Cleaiwater, Florida
1900 Grand Avenue
Clearwater, FL 33756
Attention: Kevin Dunbar,
Director, Parks & R�on
ThePhillies: Veterans Stadium
P.O. Box 7575
Philadelphia, PA 19101
Attention: David P. Montgomery,
President
and
Attention: William Y. Webb,
Vice President, General
Counsel and Secretary '
15
Attachment number 2 \nPage 1;
PINELLRS COUNTY FLR,
OFF , REC , BK 12196 PO 405
a
IE�ii�:�iE:3
Attachment number 2 \nPage 1i
PINELLRS COUNTY FLA,
OFF,REC,BK 12196 PO 406
Upon at least ten (10) days prior written notice, each party shall have the right to change
its address to any other address within the United States of America.
14. RESPONSE PERIODS. Unless provision hereunder is made for a specific time
period, each response to a request for an approval or consent required to be considered pursuant
to this Modification Agreement shall be given by the party to whom directed within thirty (30)
days after receipt thereof. Each disapproval shall be in writing and, except as may be otherwise
specifically provided herein, the reasons therefor shall be �clearly stated. If a response is not
given within the required time period, the requested party shall be deemed to have given its
approval if the original notice stated in capitalized letters that failure to respond within the
applicable time period will be deemed an approval.
15. COUNTERPARTS. This Modification Agreement may be executed in several
counterparts, each of which may be deemed an original, and all of such counterparts together
shall constitute one and the same Modification Agreement.
16. EFFECTIVE DATE. This Modification Agreement shall become effective, if at
all, only upon the full execution and delivery thereof by Home Depot, Target, Sembler, and
joinder herein by the City and The Phillies, and shall only be deemed delivered and thereafter
recorded in conjunction with the City's purchase of the Home Depot Tract from Home Depot.
17. RECORDING. This Modification Agreement shall be recorded prior to any
deed, assignment or other conveyance document from Home Depot to the City in connection
with the sale of the Home Depot Tract (as hereinafter defined) to the City.
18. MODIFICATION; TIME. Except as expressly modified herein, the REA shall
remain in full force and effect and is binding upon the parties hereto, their heirs, successors, legal
representatives and assigns. Time is of the essence of this Agreement.
16 Item # 18
Attachment number 2 \nPage 1
P I REC BK �12196 PGLR 40?
OFF
SIGNATURE PAGE FOR COVENANTS, GRANT OF EASEMENTS AND
MODIFICATION OF CLEARWATER COMMONS SHOPPING CENTER OPERATION
AND RECIPROCAL EASEMENT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have signed and sealed this Modification
Agreement as of the date first above written.
� �
�,
Witness: � -�� �����x�L
l/� C�GI i�! (.�� ://, 4 i'rl
Witness: � �� �DO��
q.Y� �va �
_,.,,
� � �,;�a L; l��
� � �s.�-- � �, �
c,,, �'
. ����`�`�;;v��� �
'� F �
r �,; ^ �;, • p�
(CORPOR.ATE SEAI��'? : ���� s E;
r
(� � r" L f
(�Y�. �e��d,..�-.•
���� �,,. . .
STATE OF GEORGIA � � � - � -
COUNTY OF
HOME DEPOT: .
HOME DEPOT U.S.A., INC., a Delaware
corporation
By:
Its:
��;��r,r Cnrp�rats Counsel - Real Estate
Attest: 1�
�ya�
Its: e o r a .
Assistant Secretary
The foregoing instrument was acknowledged before me this day of
� , 2002 by-� F�-ir ��� - as , , of HOME
DEPO U.S.A., INC., a Delaware corporation, on beha f said corpo ation.
�UC�
=� ng��J��,� S n ��; NOTARY PUBLIC
� � ��
=� ���nd� s�:9. ir�i;r�gi,rs �
�
� ����JI Pl:'�I;C S�� Gi GEC;�'� :u..
��_.
� �t�j Ca�mi��n Er�ires i2 �7-03� �-
��
(SEAL)
My Commission Expires
s-1
ia-����
I[�ii�:�iE:�
Attachment number 2 \nPage 1�
PINELLRS COUNTY FLR,
OFF,REC,BK 12196 PG 408
SIGNATURE PAGE FOR COVENANTS, GRANT OF EASEMENTS AND
MODIFICATION OF CLEARWATER COMMONS SHOPPING CENTER OPERATION
AND RECIPROCAL EASEMENT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have signed and sealed this Modification
Agreement as of the date first above written.
Witness:
Witness:
�
(CORPORATE SEAL)
�� � �
STATE OF MINNESOTA
COUNTY OF
TARGET:
TARGET CORPORATION, a Minnesota
corporation, formerly known as Dayton
Hudson Corporation
By:
Its co . e s
ice President /�
.� T�et Store� 1 1
Attest:
Its:
�rri Simarc!
Assistant Secretary
Target Corporation
The foregoing instrument'` was acknowledged before me t's day o£
�Z�,�� , 2002 by�b�-,7� �' /1,�P �'�2 - as " � ' Y,�,�
f���T�YRGET CORPORATION a Minnesota co oration formerl known as Da on Hudson
o , rP � Y Yt
Corporation, on behalf of said corporation.
R �
TAMMY A. MOSHER
NOTARY PUBLIC-MINNESOTA
Yy Commissbn �vpkN J1n, 3t, 3005
ti
(SEAL)
_ f 1L/L� . - ��-
� . . �.
•
My Commission Expires: �%� � ��< ���
s-2 Item # 18
Attachment number 2 \nPage 1!
PINELLRS COUNTY FLp,
OFF , REC , 8K 12196 PO 409
SIGNATURE PAGE FOR COVENANTS, GRANT OF EASEMENTS AND
MODIFICATION OF CLEARWATER COMMONS SHOPPING CENTER OPERATION
AND RECIPROCAL EASEMENT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have signed and sealed this Modification
Agreement as of the date first above written.
Witness• �• ��
�,h Svb��
Witness: ���
�1'�elc ssc� r3�dc,�
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF
SEMBLER:
CLEARWATER COLLECTION ASSOCIATES,
LTD., a Florida limited partnership
By: Sembler Enterprises, Inc., a Florida
corporation, its sole General Partner
By: � ��.Q''"��i,, .
Its �� s,r � c.e.. Fr�Si c�.w�"
Attest:
Its:
The foregoing instrument was acknowledged before me this� 24� day of
�41�t1�s'� , Zoo2 b���P..�L�y � • ���8c�- ��t.V� uoe�.r
of SEMBLER ENTERPRISES, INC., a Florida corporation, the general partner of
CLEARWATER COLLECTION ASSOCIATES, LTD., a Florida limited partnership, on behalf
of said corporation and the limited partnershi .
OT RY PUBLIC
(SEAL)
S-3
� . .
.
���t���t�'��.���t��R♦
.��t���,�.1�.t• •- �
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;-, a:�w:�.I'��'l1♦
•i
Ill�l���I�`��
Attachment number 2 \nPage 2i
PINELLRS COUNTY FLR,
OFF , REC . BK 12 156 PG 410
SIGNATURE PAGE FOR COVENANTS, GRANT OF EASEMENTS AND
MODIFICATION OF CLEARWATER COMMONS SHOPPING CENTER
OPERATION
AND RECIPROCAL EASEMENT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have signed and sealed this
Modification Agreement as of the date first above written.
CITY OF CLEARWATER, FLORIDA, a
municipal corporation of the State of Florida
By:
Willia�n`e, II
City Manager
Approved as to form: Attest:
By. P� � � � .
By:
Pamela K. Akin Cynth'a . Goudeau
City Attorney City r
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledge before e this `7 day of
, 2002 by aJ1/�,c.�tJ1�) s
and � as o the CIT
OF CLEARWATER, FLORIDA, as municip corporation o the State of Florida.
�TARY P L •
e.� c se��� � l s o,�
My Commission Expires:
(SEAL)
;�:r'y; Denise A Wilson
'�� �: MYCOMMISSION# CC914107 EXPIRES
_.:
>: :;•; June 18, 2004
"?�'�d:•' BONDEOTHRUTROYFAINWSURANCE,INC
��
�(la��i7�Eij
Attachment number 2 \nPage 2
PINELLRS COUNTY FLR.
OFF , REC , BK � 12196 PG 41 1
SIGNATURE PAGE FOR COVENANTS, GRANT OF EASEMENTS AND
MODIFICATION OF CLEARWATER COMMONS SHOPPING CENTER
OPERATION
AND RECIPROCAL EASEMENT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have signed and sealed this
Modification Agreement as of the date first above written.
.�'. /1J .
Witness: �L�'�-�"
v
Witness: � � •
STATE OF '��^�SYLVF}I�I�A
COUNTY OF �h�F)DEL�Pf�-rA
THE PHILLIES .
THE PHILLIES, a Pennsylvania
limited partnership
By: �fu-co�. ,
�cs G��� ��2 � PR o�r
,
Attest:
Its: $���,Qy
The foregoing instrument was acknowledged before me this a g day of
, 2002 by 0(�,l.�tut�. ���.lrC,�wt.�-1/ as General Partner of
THE HILLIES, a Pennsylvania limited partnership, behal of the partnership.
� �'�
NOTARY UBLIC
My Commission Expires: �Y�.�i �, o?D�S
0
(SEAL)
Notarial Seal
Wend�r S. Rossett, Notary Public
City of Philadelph(a, Philadelphia County
My Commission Expires May 2, 2005
Merr�er, PennsylvanlaAssoclatbnof Notartes
s-s
iEia11�:�E:3
.
�
I�
1 uErER
Y REU6 VFL�E
RletlnEA 4Y5
iTY MASOhIR
BLDG.
TR�P STORE�
:��
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PINELLRS COUNTY FLR,
Attachment number 2 \nPage 2;
ST/\T� i,j} =1 ,��,nA - �I^JELLAS CUUN I�Y .
��n c?`�� i nF�r�bu �arti Y rh�t thQ foragoing is
= ca�: lAf e� a.rue c�.;r�: a^ ,h� same aP�ears among
'* J� . �I� li ' . . ht :.r�
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'��y�CU�4 'Y m , ��.,, `` .
laaao ' . ��� �ti Lti� ��-�-7- i{
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` �
EX�IIBIT A Item # 18
PARKING LOT SITE PLAN
Attachment number 3 \nPag
This inst�rument prepared by
and after recording to be
returned to:
Jeffrey J. WzXd, Esq.
Benesch Friedlander Coplan & Aronoff LLP
2300 BP Tower
200 Public Squaz-e
Cleveland, Ohio 4�11�
(216) 363-4500
F�RST AMENDMENT TO COVENANTS, RESTR�CTIONS, GRANT �F
EASEMENTS AND MODIFICATiON OF CLEARWATER COMMONS SH�PPING
CENTER OPER.ATIONAL AND REC�PROCAL EASEMENT AGREEMENT
THIS FIRST AMENDMENT TO COVENANTS, RESTRICTIONS, GRANT OF
EASEMENTS AND MODXFXCATION OF CLEARWATER COMMONS SHOPPING
CENTER OPERATIONAL AND RECIPROCAL EASEMENT AGREEMENT
("Arnendment") is made and entered into by and amang Inland Southeast Clearwater
Developrnent, L.L.C., a Delaware lirnited liability company, n/k/a/ DDR SOUTHEAST
CLEARWATER DEVELOPMENT, L.L.C., a Delaware limited liability cornpany ("DDR"),
the CITY OF CLEARWATER, FLORIDA, a mun�cipal corporation (the "City") and
PHILLIES FLORiDA LLC, a Delaware liixa.ited liability company ("Phillies Florida"),
successor (by assi�mrnent) to The Phillies, a Pennsylvania limited partnership, ("The Phillies"),
as of the �`'"� day of , 2009.
RECITALS
WHEREAS, DDR owns the real property d�scribed an Exhibit "A", attached hereto and
made a part hereof (the "DDR Property");
WHEREAS, the DDR Property is subject to that certain Opezatian and Reciprocal
Easement Agreement recozded in Of�icial Records Book 6440, at Page 2013 which has been
previousXy modified by (1) that certain Ratif.ication af Operatian and Reciprocal Easernent
Agreement recorded in Official Recards Book 6735, page 217, (2) that c�rtain Secaz�d
Amendrnent to an Operation and Reciprocal Easernent Agreement recorded in Of�cial Records
Book 6921, at Page 129, (3) that certain Third Amendrnent to an Operation and Reciprocal
Easen�ent Agreement recorded in Official Recards Book 75G1, at Page 2125, (4) that certain
Fourth Amendment to an �peration and Reciprocal Easement Agreement recorded in Official
Records Boak 7541, at Page 849 which was re-recorded in Official Records Book 7561, at Page
2�25, and (5) that certain Fifth Annendment to an Operation and Reciprocal Eas�mer�t
Agreement recarded in Official Records Book 96G4, at Page 451, all in the Public Records af
Pinellas Caunty, Florida (collectively the "REA");
Item # 18
Attachment number 3 \nPag
WHEREAS, the City owns tlae real property described on Exhibit "B", attached hereto
and made a part hereof (the "City Property");
WHEREAS, pursuant to that certain Covenants, Restrictions, Grant of Easements and
Madification of Clearwater Commons Shopping Center Operational and Reciprocal Easement
Agreement recorded in O�ficial Records Book 12196, at Page 391, in the Public Records of
Pinellas County, Florida (the "Modification Agreement"): (a) the City Property was released
fron� the REA's operatian and efFect; and (b) both the DDR Property and the City Property were
zx�ade suhject to the Modification Agreement;
WHEREAS, the Modification Agreernent extinguished an easement for ingress, egress
aYid parking set forth in the REA which burdened the City Property for the benefit of the DDR
�roperty;
WHEREAS, Phillies �'lorida, is the successor in interest to, a.nd assignee of, The Phillies,
pursuant to an unrecorded assignxr�ent, with respect to the rights and obligations of The �h��Xies
as provided in the Modification Agreement;
WHEREAS, DDR desires to obtain from the City and Phillies Florida, and the City and
Phillies Florida desire to grant to DDR, an easernent upon a portion o� the City Property for
purposes of ingress, egress and parking; and
WHEREAS, the City a�ad Phillies Florida desire to obtain from DDR, and DDR d�sires
to �rant to the City and Phillies Florida, an easement upon a portion o� tk�e DDR Property faz-
purposes of ingress, egress and parking;
AGREEMENT
NOW, THEREFORE, ui consideration af the prernises contained herein and other good
and valuable consideration, the receipt and sufficiency of whxch are kaereby acknowledged, the
parties hereto agree as follows:
1. The faregoing recitals are incorporated by this refcrence for all purpases.
2. The Modificatian Agreement i
incorporate therein the deiined
provided for in this Amendment.
s hereby modified and amended so as to
ter�ns and th� zespective definition,s thcreof
3. Section 6(A) of the Modiiication Agreennent is deleted in its entirety and the
following is hereby substituted in its place and stead:
The City and Phillies Florida, and their respective employees, contractors,
agents, tenants, licensees and invitees, and their respective successors and/or
assigns (collectively, the "Carnmunity Sports Corn�lex Parties"), sha11 have
the right to us� and accupy on an exclusive basis, as herein provided, during
Events (as such term is defined in that certain �'irst Amendment to Covenants,
Restrictions, Grant of Easements and Madification o� Cleazwater Comzn.ons
2 Item # 18
Attachment number 3 \nPag
Shopping Center Operational and Reciprocal Eas�ment Agreement [the "First
Amendment"] dated on or about , 20Q9, among DDR, the
City and Phillies Florida, which rnodifes and aznends this Modi�ication
Agreement) those parking lot areas located on portions of the City Property
and the DDR Praperty as designated and cross-hatched on Exhibit "C"
attached to the First AmendmEnt (the "Restricted Parking Area").
DDR for itself and its successors and assigns hereby grants to the City and
Phillies Florida for the use af the Community Sparts Cornplex Parties, a non,
exclusive perpetual easement for (i) vehicular and pedesirian passag�, ingress
and egress in, on, ovez and across the driveways and parking areas of the DDR
Property; and (ii) the parking oi vehicles in and on the portions of the
Restricted Parking Area which are located on the DDR Property, subject to
the provisions and limitations provided herein.
Additionally, the City and �hillies Florida hereby grant t� DDR for its use and
for the use oi the DDR Parties (as defined in the First Amendment), in
common with others entitled to use the same, a non-exclusive pezpetual
easement for (i) vehicular and pedestrian passage, ingress and egress in, on,
over an.d acrass the City Property; and (ii) the parking of vehicles in and on
th.e partions of the Restricted Parking Area which are located on the City
Property ("DDR Easement") subject to the provisions and limitations
provided herein; pravided, however, that the DDR Easement shall be
immediately suspended during any time in which DDR fails to rnaintain a
ten.ant in accupancy, operating at least fifteen (1S) stores in the southeastern
United States.
The City shall have the right to terminate the DDR Easement at any tirne after
that date which is the twentieth (20th) anniversary of the date that the First
Amendment is recorded in the Public Records of Pinellas County, Florida, but
only i�, at the time af delivery of the Termination Notice (hereinafter defined),
both of the follawing conditions �xist: (a) the City has undertaken the
redevelopment of the City Property foz- a use other than a sports cornplex and,
as part o� such redevelopment, the City needs to use the DDR Easernent area
for a use other than ihe parking of motor vehicles, and (b) DDR daes not have
a tenant in occupancy in the DDR Property operating at least �fteen (1S)
stoz-es �n the southeastern United States. In order for the City to exercise the
foregoing right to terminate the DDR Easennent, the City must deliver written
n�tice thereof ("Termination Notice") to DDR by certified mail, return receipt
requested, not less than one hundred eighty (1$0) days prior to the date that
such termination is to take effect, which terminatian date shall be set forth in
the Termination Notice.
Further, DDR shall procure and maintain during tlae tern-� o� the DDR
Easement, Comprehensive General Liability Insurance which shall providc:
3 Item # 18
Httacnment number ;� �nrag
a. Minimum coverage limits of $1,000,000 Per Occurrez�ce Combined
Single Limit for Bodily Tnjury Liability azad Property Damage
Liability.
b. The City of Clearwater and Phillies Florida LLC and its affiliates sha11
be a named Additional Insureds under said policy of insurance.
The policy shall pravide coverage for any death, bodily injury,
personal injury or property damage that should arise directly or
indirectly from performance under this Agreement.
c. The insurance coverages and conditions afforded by this policy shall
not be suspended, voided, canceled or modified except after thirty (30 j
days prior written Notice by certified rnai�, return receipt requested,
has been given to the City's Risk Managernent Of�ce and to Phillies
Florida.
d. DDR's obligation to carry the insurance provided herein may be
brought within the coverage of a"blanket policy" of insurance carried
and maintained by DDR; providing, however, the coverages a£fozded
the City of Clearwater and Phillies Florida shall nat be rednced or
diminished or otherwise be different from that which would have
existed under a separate policy m�eting all ather requirements of this
Agreement.
�. Certi�icates of Insurance meeting the specific insurance provisions
required in this Agreement shall be forwarded to the City's Risk
Management Office and Phillies Florida and approved prior to
possession of the easement premises.
The parties agree that parking areas on the DDR Yroperty and the City Property,
inclusive, without limitation, of the Restricted Parking Area, sk►all not be
perman�ntly segregated, by fencing or other permanent barrier, from the
remainder o� the City Property or from the remaind�r of the DDR Property;
provided, hawever, that during Events, the City, Phillies Florida, or both, may,
and are expressly entitled to, temporarily segregate, and restrict and/ar block entry
to and from, the Restricted Parking Area (including without limitation those
portions locatEd on the DDR Property) by cones, pylons, barricades, other trafiic
control equipment or devices, use af parking personnel, security or police officers,
or other temporary method. The City, Phillies Florida, or both, may Further
charge the general public or invitees with respect to any such Event fees for the
privilege of using or parking in or on the Restricted Parking Area (including
without limitation the portions thereof located on the DDR Property) during any
such Event, and DDR, %r itseli and its successors and/or assigns, hereby grants to
the City and Phillies Florida the irrevocable license so to da. DDR and the DDR
�
Item # 18
. ..., .. � .... ., , ..�
Parties shall not use, oz k►ave any right of access to or frorn, the Restricted Farlcing
Area during Events.
The fore�oing easements shall run with the land, axe appurtenant to the DDR
Property and the City Property, as applicable, and shall inure to the beneiit of
DDR and the DDR Parties and the City and Phillies Florida and the Community
Sports Complex Parties, as applicable. It is expressly understood that the City
reserves all rights of ownership or use of those portions of the Restricted I�arking
Area located on the City Property and DDR reserves all rights of owr�ership or use
of those portions of the Restricted Parking Area lacated on the DDR Praperty, as
well as the other parking areas located an the DDR Property, not inconsistent with
the easement rights granted herein. Without limiting the foregoing, nothi�g in the
Modification Agreernent or the First Amendment, including, without limitation,
the granting of an easernent to the City, shall be deerned to be a gift or dedication
to th� general public or a dedication for any public use or puzpose whatsoever.
4. Section 6(B) of the Modification Agreement is hereby amended and restated in its
entirety as follows:
The City and Phillies Florida during Events at the Caz�munity Sports Complex
and preparation for or clean-up after such Events, shall use cornmercially
reasonable efforts to prevent persans attending Events from parking on the DDR
Property, except far those portions of the Restricted Parking Area lacated on the
DDR Property. Such preventative efforts shall ernploy (by way of illustration) the
use of advance pedestrian and trafiic control plannin�, directional signage,
barricades and parking personnel, security, or police officers. If, a£ter an Event,
the Owner of the DDR �raperty has concerns or requests additional enforcernent,
the City and Phillies Florida agree in good faith ta reevaluate the parking and
traffic control measures to be taken in the future and consider (but not be bound
by) the concerns and suggestions made in good faith by the Owner of the DDR
Property.
S. Section 6(D) of the Modification Agreement is hereby amended and restated in its
entirety as follows:
After each event at the Comrnunity Sports Complex, the City and or The Phillies
shall, in a cornmercially reasonable fashion and in compliance with th� standards
of the Sports Co�aaplex Agreements, clean or sweep all sidewalks, drives and
parking areas and remove papers, debris, filth and refuse therefrorn on ihe Home
Depot Tract, the Comrnunity Sports Complex Easement (including, without
limitation, the Restricted Parking Area) and, to the extent such re�use results frorn
a Community Sports Complex event the Comrnon Area and Access Points to the
extent necessary to return same to a clean and orderly condition.
During such periods of time that the DDR Parties are entitled ta use the DDR
Easement, the DDR Parties shall, in a commercially reasonable fashion and in
complianc� with the standards of DDR Property, clean or sweep all sidewalks,
Item # 18
s
Attachment number 3 \nPag
drives, and parking areas and remove papers, debris, filth and refuse therefrom on
the DDR Easement; provided, however, that the DDR Parties shall have no
obligation to perform any sweeping or cleaning that may be required in
connection with the use of the Restricted Parking Area by the Sports Complex
Parties during any Event.
6. In the event that eilher the Phillies or the City reasonably believes that it will need
to use additional parking areas on the DDR Property for parking motor vehicles
during any particular Event in addition to thc parking areas in the Restricted
�arking Az-ea, then DDR agrees to cooperate with the Phillies and/or the City, as
the case may be, to provide for such additional parking on the DDR Property for
such Event. DDR, the Phillies and the City each agree to act reasonably and i��
good faith in cooperaling with one another with respect to such additional
parking. When requesting the use of such additional parking areas, the Phillies
and/or the City shall provide DDR with as much advance notice as is reasonably
possible under the circumstances so that DDR can accommodate such request for
additianal parking.
7. Exhibit "A" to the Modification Agreement is deleted in its entirety and the
drawing attached hereto as Exhibit "C" is hereby substituted in its place.
8. The term "DDR Parties" shall mean (a) DDR's ennployees, contractors, agez�ts,
tenants, licensees and invitees, and (b) any person or entity holding any interest in
the DDR Property and such persan or entity's employees, contractors, agents,
tenants, licensees and invitees.
9. The terms "Rernaining REA Tracts" and "Hoziae Depot Parcel", as used an the
Modification Agreement, shall also mean and include the "DDR Property" and
the "City Property", respectively. Capitalized terms not otherwise de�ned herein
shall have the zneaning ascribed to such term in the Modification Agreement. The
term "The Phillies" as used in the Modiiication Agreernent shall hereafter mean
"�hillies Florida".
10. The term "Events" shall mean and include all events ihat the City ar Phillies
Florida, or both, in their sole discretion, canduct in the Comrnunity Sparts
Complex, a portion of which is located on the City Froperty, for which the City
and/or Phillies Florida exercise the exclusive use o£ the Restricted Parking Area
for the parking of motor vehicl�s. For the purposes hereo� and of the
Modiiication Agreement, the term "Event" shall include the period of time
cornmencing three (3) hours prior ta the scheduled commenceznent time, and
ending one (1) hour after the conclusion, of any such Event.
11. Except to the extent modified by this Amendment, all other terms and conditions
set forth in the Modification Agreement shall remain in full force and effect. In
the event of a conflict between the terms and conditions of this Amendment and
the terrns and conditions of the Modiiication Agreement, this Amendment shall
prevail.
IE�ii�:�iE:3
Attachment number 3 \nPag
IN WITNESS WHEREOF, DDR the City and Phillies Florida have executed this
Amendment as of the date first set forth abave.
�����
�i
DDR SOUTHEAST CLEARWATER
DEVELOPMENT, L.L.C., a Delaware
limited liability company
:
Timothy J. Rru�/�'�fec�rt.ive Vice President
__`�F[Z�l-D �7�^1/� (Print Name)
�. . C{� � �s S d( d� � ,,,_� (Print Name)
STATE OF OHIO )
) SS:
COUNTY OF CUYAHOGA )
�FORE ME, a Notary Public in and for said County and State, personally appeaxed
� ro J. known to me to be the _��[�.v�iv-e- (���c lP..¢s: d-�.z'�
vf DDR Svut ieast Clearwater Develapuieiit, L.L.C., tYYC limiled liability company that executed
the foregoing instrument, wha acknowledged that he/she did sign the foregoing instxument for
and on behalf of said limited liability company being thereunto duly autharized, and that the
same is his/her free act and deed as such officer and the free at and deed of said limited liability
company.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Beachwood,
Ohio this �."dday of � �� , 2049.
�� T. �AER
���sr �M o1 ohb
���l� �e�: 84inmi�
� �MM�MrMow Expires
Mro� t, 2a»
�
. J
ary Public
Item # 18
Attachment number 3 \nPag
CITY OF CLEARWATER, FLORIDA
Countersigned:
By: � gy. + �
ame: Frank V. Hibbard Name: William B. Horne II
Its: Mavor Its: City Mana er
APP VE AS TO FORM:
aura Mahany
Assistant City Attorney
STATE OF FLORIDA )
COUNTY OF PINELLAS )
ATTEST
BEFORE ME, a Notary Public ir� and far said County and State, an the �c� day of
, 2009, persor�al.ly appeared Willim B. Hame II known to me ta be the City
ager of the City of Clearwater, Florida, a body corporate and palitic of the Stat� of Florida,
on behalf of the City. He/she � is personally known to me or ❑ has produced
_ as identification.
(SEAL)
�� � �Lrt�H..�..
Notary Public
�DIANE E MANNI
MY COMMISSION N UD526033
STATE OF FLOItIDA ) �o��� EXPIRE3: Mar.6.�o,0
(.o� a99-o, 53 F,a,ae N�sy serv�a.aa�
COUNTY OF PINELLAS )
BEFORE ME, a Notary Public in and for said County and Sta.te, on the �•,� day of
�� 2009, personally appeazed Frank V. Hibbaxd known to me to be the Mayor of
City of Clearwater, Florida, a body corporate and politic of the State of Florida, on bek�alf of
the City. He/she � is personally known ta me ox ❑ has produced
_. as identification.
(SEAL)
��_ � .�-.�.�-,�.�,
Notary Public
�'�"'� DIANE E MANNI � m# 18
MV COMMISSION # DDS�6Qi3
���� EXPIRES: Mar.6,21110
(� 998-0163 Flalde Wvtesy Service.�om
ATTEST:
6✓i GL�A /�1 �� L,/c /3B(Print Name)
SR, rr° t scc y
COMMONWEALTH OF PENN5YLVANIA )
) SS:
COUNTY OF PHILADELPHIA )
Httacnment number ;� �nrag
PHILLIES FLORiDA LLC,
A Delaware limited liability company
By: THE PHILLIES, a Fennsylvania limited
partners i, Its sale meinber
By: �x�
Name: David P. Mo ome
Iis: General Partner
Before me, a Notary Public in and for said County and Commonwealth, personally
appeared David P. Montgomery, known to me to be the General Partner of The Phillies, a
Pennsylvania lirnited partnership, which is the sole member of Phillies Florida LLC, a Delaware
limited liability company, that executed the foregoing instrument, who acknowledged that he did
sign the �'oregoing instrument as General Partner of the sale rnember, for and on behalf of said
limited liability company, being thereunto duly authorized, and that the same is his free act and
deed and the free act and deed of said lirnited liabilxty company.
IN WITNESS WHEREOF, I have hereunto set my hand and oiiicial seal at Philadelphia,
�ennsylvania thxs � day o:f -m q�/ , 2Q09.
_� _ --- __ .
,~ � _ ``.- .-��_r.. _
= j " r - =
�_ �: -
- �_ _
�
Notary Public
COMMONWFALTH OF PENNSYLVANIA
Nat9ri81 Seal
Wendy S. Roaeett, Notsry PubNc
Cily of PhGadelPhia. Phq�phi� �p�rnY
MY Commission Expkes May 2, 2013
Member, Pennsylvania Associatlon of Notaries
Item # 18
EXHIBIT A
Parcel 1
Httacnment numper �s �nrag
Lot 4, THE CLEARWATER COLLECTION SECOND R��LAT, a subdivisioYi according to
the plat thereof recorded in Plat Book 107, Page 24 of the Public Rec�rds of Pinellas County,
Florida, LESS and except those portions thereof conveyed, tak�n or used �ar U. S. Highway 19.
Parcel2
Lots 2 and 3, THE CLEARWATER COLLECTION SECOND REPLAT, according to plat
thereof recorded in Plat Baok 107, Pages 24 and 25, of the Public Records of Pinellas County,
Florida, LESS and except road right-of-way for U. S. Highway 19, abutting said parcel on the
East. Lot 1, THE CLEARWATER COLLECTION SECOND REPLAT, according to plat thereof
recorded in Plat Baak 107, Pages 24 and 25, of the Public Records of Pinellas County, Florida.
lo Item # 18
Attachment number 3 \nPag
EXHIBIT B
Lot 1, THE CLEARWATER COLLECTION SECOND REPLAT, according to plat thereof
recorded in Plat Book 107, Pa�es 24 and 25, of the Fublic Records of Pinellas County, Florida.
LESS AND EXCEPT that portion of said Lot 1 taken in fee sirnple, designated as �arcel 120 by
Case No. (Eminent Domain) 99-496S-CI, as evidenced by that Lis Pendens recarded an Ofiicial
Recards Book 10598, Page 2406; Stipulated Order of Taking & Final ,Tud�men�t recorded in
Official Rccords Sook 10714, Pa�e 617; Stipulated Order of Taking azid Pinal Judgment
recorded in Ofi'icial Records Book 10'714, Page 620; Stipulated Order of Taking and Partial Final
Judgment recorded in O��cial Records Book 10714, Page 624; Stipulated Order of Taking and
Final Judgrnent recorded in O�ficial Records Book 10714, Fage 628; Qrder af Taking recorded
in Official Records Book 10741, Page 2041; Stipulated Final Judgment record�d in Official
Records Book 1161, Page 1495; and Amended Order ot Taking and Stipulated Final Judgrnent
recarded in Official Records Book 11704, Page 1408, Public Recards o f Pinellas County,
Florida.
�t
Item # 18
EXHIB�T C
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C.learw�te�r� Fla
ORliN S7it�E�'['
iz
Attachment number 3 \nPag
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Item # 18
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City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Review Approval:
Meeting Date:4/19/2012
Cover Memo
��II�:�E%�