02/21/2013City Council Agenda
Location: Council Chambers - City Hall
Date: 2/21/2013- 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 Bombers Day Proclamation - Dean Robinson, Chairman of the Clearwater Bombers Reunion Day
� Attachments
4.2 Outback Bowl Presentation
� Attachments
5. Approval of Minutes
5.1 Approve the minutes of the February 7, 2013 City Council Meeting as submitted in written summation by
the City Clerk.
� Attachments
6. Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
7.1 Approve a Development Agreement between Clearwater Grande Development, LLC (the property owner)
and the City of Clearwater, providing for the allocation of 60 units for an overnight accommodation from
the Hotel Density Reserve and a building height of 49.5 feet (from base flood elevation) under Beach by
Design. (DVA2012-11001); adopt Resolution 13-01, and authorize the appropriate officials to execute
same.
� Attachments
7.2 Approve a Development Agreement between Clearwater Grande Development, LLC (the property owner)
and the City of Clearwater, providing for the allocation of 76 units for an overnight accommodation from
the Hotel Density Reserve and a building height of 150 feet (from base flood elevation) under Beach by
Design; adopt Resolution 13-02 and authorize the appropriate to execute same.
6� Attachments
7.3 Approve amendments to the Community Development Code addressing encroachments into setbacks and
rights-of-way, the Comprehensive Sign Program, nonconforming lots and plans review fees; approve an
amendment to the Clearwater Code of Ordinances addressing board attendance and pass Ordinance 8371-
13 on first reading.
� Attachments
7.4 Continue to March 21, 2013: Approve the Annexation of a portion of the road right-of-way located at the
intersection of Sunset Point Road and Hercules Avenue (consisting of a portion of Section l, Township 29
South, Range 15 East, abutting real property whose post office address is 1990 Sunset Point Road); and
pass Ordinance 8374-13 on first reading. (ANX2012-12006)
� Attachments
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 8322-13 on second reading, amending Chapter 32, Code of Ordinances, relating to the
collection and treatment of wastewater and resources with the potential to be reclaimed.
6� Attachments
8.2 Adopt Ordinance 8375-13 on second reading, vacating a portion of that certain private ingress/egress
easement lying within Lot 5, Renaissance Oaks First Addition as recorded in Plat Book 137, Pages 71 and
72 of the Public Records of Pinellas County, Florida.
C� Attachments
City Manager Reports
9. Consent Agenda
9.1 Amend Purchase Order ST109023 to Duval Ford of Jacksonville, FL to include the purchase of three
additional Ford F-150 Pickup Trucks for a total cost of $144,448.00, in accordance with Sec. 2.56(1)(d) -
Code of Ordinances - Other Governmental Bid; authorize lease purchase under the City's Master Lease
Purchase Agreement for the additional amount of $52,642.00 and authorize the appropriate officials to
execute same. (consent)
� Attachments
9.2 Approve a Contract (Blanket Purchase Order) to Honeywell International, Inc. - Building Solutions of
Chicago, II, for an amount not to exceed $160,000 for the quarterly Maintenance Fees for the period May
l, 2013 through April 30, 2014, per the contracts dated November 17, 2008 and April 28, 2010 and
authorize the appropriate officials to execute same. (consent)
� Attachments
9.3 Award a contract (Purchase Order) for $430,753.00 to Duval Ford of Jacksonville, FL for the purchase of
two Ford F-550 chassis with CUES TV Hi-Cube Van, in accordance with Sec. 2.564(1)(d), Code of
Ordinances - Other Governmental bid; authorize lease purchase under the City's Master Lease Purchase
Agreement and authorize the appropriate officials to execute same. (consent)
� Attachments
9.4 Award a Contract (Purchase Order) for $240,917.00 to Atlantic Truck Center of Pompano Beach, FL for
one M2 Freightliner Chassis with Wayne Gladiator Sweeper, in accordance with Sec. 2.564(1)(d), Code
of Ordinances - Other governmental bid; authorize lease purchase under the City's Master Lease Purchase
Agreement and authorize the appropriate officials to execute same. (consent)
� Attachments
9.5 Approve the Cooperative Funding Agreement with the Southwest Florida Water Management District
(SWFWMD), which provides reimbursement of project costs up to $800,000 for the Mandalay Avenue
Stormwater Outfall project (11-0031-E1�; award a construction contract to Kamminga and Roodvoets,
Inc. of Tampa, FL, in the amount of $1,343,61535, and authorize the appropriate officials to execute
same. (consent)
� Attachments
9.6 Appoint John Funk as an alternate member to the Community Development Board for unexpired term
through April 30, 2014. (consent)
� Attachments
10. Other Items on City Manager Reports
10.1 Approve the Business Lease Contract between the City of Clearwater and Community Dental Clinic, Inc.
for the lease of City-owned property located on the northwest corner of South Martin Luther King Jr.
Avenue and Woodlawn Street and the authorize appropriate officials to execute same.
�= Attachments
10.2 Approve the agreement between Phillies Florida LLC and the City of Clearwater Fire and Rescue to
provide emergency medical services at Bright House Field for 2013 baseball events as outlined in the
agreement and authorize Fire Chief Robert Weiss to execute same.
� Attachments
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 March 6, 2013 Council Meeting
6� Attachments
12. Closing Comments by Mayor
13. Adjourn
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Bombers Day Proclamation - Dean Robinson, Chairman of the Clearwater Bombers Reunion Day
SUMMARY:
Review Approval:
Meeting Date:2/21/2013
Cover Memo
��11�:�)
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Outback Bowl Presentation
SUMMARY:
Review Approval:
Meeting Date:2/21/2013
Cover Memo
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• The South Carolina Gamecocl�s and the Michigan Wolverines played one of the most e��_�iting
Bowl Games of the year. CBS Sports ranked it Na. 1 of th� 35 Bowl Games.
■ The Game Posted a 4.9 national television rating which was:
■ The 4t'' Highest non-BCS Bow� viewership for ESPN in ne�work history
• 3rd Highest viewership for the Outback Bowl in the past 16 years
• Top sports broadcast team of Jon Gruden and Mike Tirico announced the game
• International recording artist Darius Rucker performed I�ational Anthem in Pregame ���ow
• International Telecast via ESPN TV networks to 144 foreign countries.
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■ Estimated Economic Impact of this year's game was $35 -$40 million (excluding e����asure)
for Tampa Bay Economy. Cumulative impact of $1 billi�n over history of bowl
■ More than 35,000 out-of-market visitors from 45 states traveled to �he Tampa Bay ma���l�et.
■ The Outback Bowl has now contributed $109 million to universities over history of g�xne.
• 476 Media Credentialed from 102 outlets
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■ Record social media exposure for the Outbaek Baw1 generating millions of impressio��_>
■ The Bowls half-hour TV special aired nationally four times on ESPN TV netwarks p�a���noting
area amenities such as Ciearwater Beach and The Clearwater Marine Aquariur�,
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l. Two (2) segments of the Outback Bowl Preview TV Special shot on location in pinel��.s
County at sites determined by the Visitors Bureau. An additionai segment alsa promot�:,��
Clearwater Beach and the Beach Day event. The show included feaiures on St Pete Be���;h Trip
Advisors Ranking, Clearwater Beaeh, and the Clearwater Marine Aquarium /"Dolphin '��-"ale"
movie. The show aired nationally four times. Estimated medza value $240,000
2. Outback Bowl officials worked with ESPN TV network to encourage "bumper" spots �ix�d
mentions of Pinellas County during the internationai broadcast of bowl game (aired in� 144
countries). This resulted in numerous me�tions and a bumper shot with an ad equiv�lency
value of at least $265,000.
3. The Visit St Pete / Clearwater Logo appeared on the stadium wall banner wrap in ��iew of
tens-of thousands of fans at the game and ESPN TV cameras. The logo was seen nums���rous
times during the games international telecast as well as multiple re-airings of game on ESPN
networks, Big Ten or SEC networks, live streaming online telecast of game, and picked a�p on
national networks or TV affiliates across the country showing game highlights.
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Bowl
Outback Bowl
Tampa Bay Championship* *
Beef O'Brady's Bowl St Pete
Handa Grand Prix* *
East/West Shrine Game
2012 Encompass Pro Am**
*- ESPN equivalent rating
* * - 2012 Event
Network
ESPN
NBC
ESPN
ABc
NFL net
Go1f Channel
Rating
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1.5
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4. Visit St. Petersburg-Clearwater received multiple banners on the Outback Bowl Web Si��e to
The site masthead also includes a phata of Clearwater Beach.
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6. Visit St Petersburg-Clearwater and the Clearwater Chamber each received a full-page c��lo�r
advertisement in the Outback Bowl Official Fan Guide publication distributed directly ���.�s
15,000 fans who purchase tickets irom the participating schaols. The publication also
highlighted numerous attractions from Pinellas County.
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7. Clearwater Chamber and Visit St Petersburg-Clearwater logos appeared on the video
scoreboard in the stadium numerous times during the Outback Bow1 game.
8. The Outback Bowl worked closely with Visit St Pete-Clearwater, the Clearwater Cham��.r, the
teams and other partners to promote Pinellas Caunty on social media platforms.
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Clearwater Beaeh Day:
1. Clearwa�er Beacb Day was another huge success attracting thousands of fans ta see bc����l
school's marching bands & cheerleaders along with numerous piayers from each univer:g��ty.
2. The event was referred ta as "Clearwater Bea E�� t�in Bowl�Online Newsletters�, Vns���� /Fan
vehlcles by the bowl including the Calendar of
Guide Brochures, Beach Day feature article in December issue of Online Newsletter an�1 an the
Outback Bowl web site.
3. The bovvl encouraged visiting and local media to attend the event and recommended vi�iting
radio and TV crews do live remotes from Clearwater Beach.
4. A tent was provided for Visit St Petie-Clearwa�ter and the Clearwater Chamber at Beach 1�:�ay to
distribute brochures and/or premium items and information to fans attending the B�;,R�ch
Day activities.
5. Clearwater was promated on extensive banner signage at the Beach Day event.
VSPC was mentioned as a sponsor of Clearwater Beach Day in radio promotions on �c�cal
station(s) for two weeks in advance of the event valued at $34,800.
7. The Clearwater Chamber decorated two dolphins in the team colors providing a great ph��ro
opportunity throughout the week. The dolphins were displayed at �he team/band hotels c���ring
the week and at Beach Day. They were then transported to the stadium for more fans to �;�t
their pictures with them at the Fan Fest on game day.
City Council Agenda
Council Chambers - City Hall
Meeting Date:2/21/2013
SUBJECT / RECOMMENDATION:
Approve the minutes of the February 7, 2013 City Council Meeting as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval:
Cover Memo
��11�:��
Present
Also Present
Unapproved
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
r r � �
Mayor George N. Cretekos, Vice Mayor Paul Gibson, Co
Doreen Hock-DiPolito, Councilmember Bill Jonson,; and (
Jay E. Polglaze.
William B. Horne 11 - City Manager, Rod Irwin - Assistant
Pamela K. Akin - City Attorney, Rosemarie Cal� , City Cl�
Sprague - Official Records and Legislative Serv�c�s Coc�i
To provide continuity for research, items are
necessarily discussed in that order. _
. � .- , -. .- ;
- -- • -. ••.- .//•
• • • � �; �; .
�� : ��.� . � �«� � � ' ;�. �. ,
. �
t � i ' � •I ��� �;��t . � i@'; �
�ir�'
���� • � . 11
�1 [� T7
Attachment number 1 \nPage 1
Imember
icilmember
•,
le
The Neighborhood of the Quarter Award was presented to Imperial Park. The Home of
khe Quarter Awards was presented to Mark Johnson and Carolyn McGinnis, 1448
Amkaassador Drive; Margr�:t Q'Neill and David Sietsma, 1146 Drew Street. The winter
2Q13 Business Beautification Recognition Award was presented to Felice's Pork Italian
Deli, 29236 U.S. Hiqhw�v 19 North.
4.2 Po�p�f���s Proclamation, Februarv 1-2, 2013 - Giqi Janesik - American Leqion
Ms. Janesik thanked the City for its continued support and presented the Mayor with a
plaque.
Counci12013-02-07 1
Item # 3
Attachment number 1 \nPage 2
4.3 Annual Coast Guardsmen Award - Joe Daiqneault
Mayor George N. Cretekos recognized Petty Officer First Class Luther D. Hammett for
receiving the Air Station Clearwater 2012 Enlisted Person of the Year; Chief Petty
Officer Samuel W. Pullman for receiving Air Station Clearwater 2012 Chief Petty Officer
of the Year; Lieutenant Thomas J. Huntley for the Air Station Clearwater 2012 Officer of
the Year; and Work-Life/MWR, represented by Lieutenant John Lee and Lieutenant
Junior Grade Andrew Jarolimek, for receiving the Air Station Clearwater 2Q12
Department of the Year.
5. Approval of Minutes
5.1 Approve the minutes of the January 17, 2013
in written summation bv the Citv Clerk.
Councilmember Bill Jonson moved to approve the min
Council Meeting as submitted in written summation by
duly seconded and carried unanimously.
�
Public Hearings - Not bE
Miscellan�QUS Reports �
7. Administrative Public
7.1 Amend the City �f �l�a
32_225 and Appendi� �
chanqes made in th� �I
arotective lanauaa�e rri�
;.0� PM
ms
nc�s
�i .
of the Jan
;itv Clerk.
�
, 2013 Cit
otion was
C.7��7T: � . �11� - • . � 3���i�i�iTt.7
•. ' • , — •�- .�• � � . •
1• -- i ���-�• . � • ■. . —� � . � � . - .�•
TMe intent of thi� c�rdinance amendment is to provide the Industrial Pretreatment
['ro��ram to prc�#ecfi public health and maintain and improve program effectiveness,
ir�cluding changes designed to maintain consistency with the National Pollutant
Discharg�:'E1imination System (NPDES). Achieving this objective will reduce the
burden of technical and administrative requirements that the EPA has determined
to provide minimal environmental benefit but consume significant resources.
Modification of fees will allow the City to begin accepting fats, oil and grease
Counci12013-02-07 2
Item # 3
Attachment number 1 \nPage 3
(FOG) to feed the new cogeneration facility currently under construction at the
Northeast Water Reclamation Facility.
In response to changes of the U.S. Environmental Protection Agency's (EPA)
40CFR403 Streamlining and Florida Department of Environmental Protection's
(FDEP) 62-625 FAC, the City's Industrial Pretreatment Program proposes to
modify the code to incorporate many of the changes. The CFR and FAC have
both mandatory and optional changes. All applicable mandatory changes and t
supporting acronyms, definitions, standards, methods and prQCedures haue t�e
incorporated within the ordinance. These are:
• Slug Control required in Control Mechanism/pe
• Significant Industrial Users (SIUs) must be evalu
slug control plan or other action to control slug di
• SIUs are required to notify the cor
changes at its facility affecting the
• Significant Non Compliance (SNC) definition exp�
• SIUs reports must includ�; Best Managernent Pra�
information.
• SIU Control Mechar�i�m/permits must cQntain BM
� p�etr�atment standard,� local limit, state �ar �I�cal l�
Contrc�I Authority rnus# have the legal autharity ari
implernent and enforce this requirement.
mediatel�
lup disch
need for a !
khin 1 year
Ps) compliance
quired by a
rthermore, the
cedures to
• Control Au�khc�rity and SIU must maintain documentation of compliance with
BMP requirements the sarne way that other records are maintained
• Repeat saml
sampling for
• Sample
irements for Control Authorities that perForm
ents for SIUs
iire� reporting to both wastewater facilities as well as Control Authority
the same; this will pertain to Safety Harbor and will be included in
revised Ordinance and the Interlocal Agreement
• Requirements for signatures to SIU and wastewater facilities reports by a
Duly Authorized Representative
Counci12013-02-07 3
Item # 3
Attachment number 1 \nPage 4
Optional changes include the conditions and requirements to allow for conversion
to mass limits from concentration to allow for water conservation; conversion of
mass limit to concentration for certain industrial categories. Provides wastewater
facilities with the authority to grant monitoring waiver to Industrial Users for relief
from monitoring pollutants not present; creation of two new cl�sses c�f Categorical
Industrial Users: Non-significant Categorical Industrial Users and Middle Tier ;
Categorical Industrial User. The changes define specific characteristics #� qualify
for the new classes; this allows for reduced monitoring and reporting fQr those
industries that are qualified and permitted as such. The Qp#ional ch�nges include
language and legal authority to clarify the use of Best Manag�menf Practices
(BMPs) as an alternative to numeric limits. Changes also inclucle requirements
and procedures to institute General Permits that may be deuelc�ped to regulate
multiple industrial dischargers that share common characteristic�:
Councilmember Jay Polglaze moved to amend th�; City of Gle�
Ordinances, Sections 32.211 through 32.225 and Appendix A;
provide updates to reflect changes made in the Florida Admini:
clarifying and protective Ianguage; rnQ�ing fe�� to Appendix A
The motion was duly seconded and c�rried unanimous1y:
Ordinance 8322-13 was presen�ed and read by tit�e Qnly. Vice
mo�ed`tQ qass Ord,inance 832�-13:on first readina. The motior
yes": Mayor GeQrge N
Doreen Hock-Dif
Jay E. Polg�az�.
ays": None.
2` Approve the reque�t f�c�r
F�enaissance O�k� First
1���, of an In r���/Eqre:
r���ina. (�i���012-06)
;r Code c�f
e XXV, Sec1
�e Code; adi
�uled Liquid
7, to
�r Paul Gibson
duly seconded and
;re#ekc�s, Vice Mayor Paul Gibson, Councilmember
lito, Cc�uncilmember Bill Jonson, and Councilmember
the owner of
r described as Lots 4 and 5
Addition to vacate the easternmost 10 feet, more or
A platted Ingress/Egress Easement is entirely located within Lot 5 of the Plat titled
Renaissance Oaks First Addition. The easement was requested during the City's
review of the plat because the lot is located on a dead end street. The easement
area provides for large service vehicles (fire trucks, solid waste trucks, etc.) to turn
Counci12013-02-07 4
Item # 3
Attachment number 1 \nPage 5
around. This encumbrance on Lot 5 has affected the property's marketability.
The property owner/developer is requesting the easement area to be shifted to
the west encumbering a portion of lot 4 with a reduced area encumbering lot 5. To
accomplish this, the developer/property owner is requesting the vacation of the
east 10 ft. of the easement and will grant a 10 ft. wide easement immediately to
the west of the platted easement. The Engineering Department has completed
an interdepartmental review of the proposed vacation. Staff has no objection to
the request.
Councilmember Bill Jonson moved to approve the request fr
described as Lots 4 and 5, Renaissance Oaks First Addition
10 feet, more or less, of an Ingress/Egress Easement. The
and carried unanimously.
owner
�te the
Ordinance 8375-13 was presented and read by title only. CounGilmembeC Jay E.
Polglaze moved to pass Ordinance 8375-13 on first reading. The motiQn was duly
seconded and upon roll call, the vote was:
"Ayes°� Mayor George N. Cretekos, Vice`(�t�yor Paul Gibsi�n, Councilrnernb�
Doreen Hock-DiPolito, Councilrnember Bill Jonsc�n,; and Councilmerr
Jay E. Polglaze.
a� •
�. �
� — �!
1�1 �1 � 11',
�� � � — . �;. �, � ! .
��
• : �- - •� �.a- .i
a � .«.: • ♦ �
.�. , .� -, .., r•; ,,i
371-13 to
. �FT'�t':ait:. �� -P'L�iTii •L�'iT
The Clearwater Busin�:ss Task Force {BTF) was established on April 7, 2011 by
the City Council to prouide feedback on the current rules and regulations affecting
businesses and business development. The BTF submitted its final report to City
Council on August 29, 2011. The report consisted of 71 recommendations to
�hange public per��;p#ions about being business friendly, streamline development
application process�:s and enable greater signage flexibility. City staff reviewed
e�ch �f the recommendations and presented to City Council ideas as to how
same �f them may be adopted as well as a prospective timeframe for these
adoations to occur.
At the direction of the City Council, staff has previously prepared two text
amendments to the Community Development Code (CDC) addressing some of
the recommendations of the BTF as well as a few amendments proposed by staff.
Counci12013-02-07 5
Item # 3
Attachment number 1 \nPage 6
These changes were reviewed by the Community Development Board (CDB) at
its meetings of December 20, 2011 and July 17, 2012, and the Board
recommended the approval of each ordinance. The City Council has subsequently
passed and adopted each of the ordinances at its meetings of February 2, 2012
and September 6, 2012.
Staff is now proposing a third text amendment to address one fu
recommendation of the BTF, as well as additional items propcase
is a summary of the substantive amendments included in #he Qrc
Expands upon the allowance of building projections int
way where the projections is affixed solely to the buildi
to the ground to include balcony projections, but only �r
District and only when the associated use is an Indoor
facility with a minimum of 650 seats;
Replaces an incorrect reference within the
correct calculation method for freestandinc
be referenced;
Makes clear that building permits will
Makes clear that non
cannot be subdividec
ther�Qn, nonconform
Building, Plumbing,
fee reduced by a m
Force); and
Modifies the Code i
absences definition
Cc�uncilmember poreen t
2013. The motion was c��
7.4 �t�ri��r��a� �t� arch
�
manner
pe issuea rc�r un���
not be �ubdivided
hat;r�nders them,
�#backs antt righ#�-of-
�nd nat direetly affi�c�d
i in;the Downtown (t�)
:rea�kic�n/ E n te rta i n m er�'
d sign cQde with the
what was intended to
rming lots
actures
s using `a private plan reuiew provider for the review of the
Mechani�al and Electric trad�;s rnay have their plans review
�ximum Qf 25°10 (recommendation of the Business Task
inances to prQVide an exception to the excessive
ose absences due to military related commitments.
:k-DiPolito moved to continue Item 7.3 to February 21,
seconded and carried unanimously.
o�fs to the Communitv Devel
Caua� �u �� v� ua� �a� �vC vJ ��-� J�V d�,�,� u��
�ment Code addressinq encroachments
nonconforminq lots and plans review fees; approve an amendment to the
Clearwater Code of Ordinances addressinq board attendance.
Counci12013-02-07 6
Item # 3
Attachment number 1 \nPage 7
Councilmember Bill Jonson moved to continue Item 7.4 to March 6, 2013. The motion
was duly seconded and carried unanimously.
8. Consent Aqenda - Approved as submitted.
8.1 Approve an Aqreement between the City of Clearwater and Star-Tec
Enterprises. Inc., a Florida nonprofit corporation doinq business as the Tampa
Bay Innovation Center (TBIC), to provide business incubati4n' and business
acceleration services (Virtual Incubator Program), and atatharize the appropri�te
officials to execute same. (consent)
8.2 Approve an Interlocal Aqreement between the (
Community Redevelopment Aqency of the City
responsibilities for fundinq a Virtual Incubator P
mid-staqe IT/Software company qrowth in the
and authorize the appropriate officials to execi
8.3 Approve a contract (Blanket Purchase (
of $220.000.00, for the period Februar�r
accordance with Sec. 2.564 (1)(d) Cod�
8.4 Approve a Contract (P
Approve th�, f�a
Committee, at�
the Committee
arch�se Order) with
r�at��'al pas line loc�
execute same. (con
of a Cifiy Defined C�
e desiqra�#ed memk
t such a�lrninistrativ
Ordinan
of Clearw
;learwate�
�am, .whicJ
noloqy Di
�me. (con
nsu
rost�rs eany- an�
rict of the CRA, '
:nt
Inc., in'the amount
iry 31, 2014, in
Governmental .
:onsent
lnc. in the amount
lan Investment
rs or tne �ommittee, ana autnoriz
documents as are necessary and
Award a Contract (Purchase Order) for $219.853.30 to Nortrax of Lutz. Florida
s Master kease Purchase Aqreement and authorize the appropriate
8.7 ApprQVe a cc�ntract (Purchase Order) for $438.545.00 to Rush Truck Center of
Tam„pa, Florida for two Peterbilt Model 365 Chassis with Palfinqer ARL - 60 rol
off system, in accordance with Sec. 2.564(1)(d). Code of Ordinances - Other
qovernmental bid: authorize lease purchase under the City's Master Lease
Purchase Aqreement: and authorize the appropriate officials to execute same.
consent
Counci12013-02-07 7
Item # 3
Attachment number 1 \nPage 8
8.8 Ratify and confirm the City Manaqer's approval of a Purchase Order to
RinqPower of Tampa. FL in the amount of $71.225.00 for one Caterpillar Model
C9 300KW Emerqency Generator, approve the transfer of $79.225.00 from
Garaqe Fund Reserves to Motorized Equipment - Cash capital proiect 315-
94233 at first quarter for the purchase and installation costs, and authorize the
appropriate officials to execute same. (consent)
8.9 Renew Construction Manaqer at Risk (CMR) Contracts with Biltmore
Construction Company. Inc. and Peter R. Brown Constr-uctic�n, Inc. for a peri�d
of two years commencing March 1, 2013 and authorize the appropriat�: Qfficials
to execute same. (consent)
8.10 Reappoint Brian A. Barker and appoint Donald van Weezel tc� #he. Community `'
Development Board with terms to expire February 28, 2�17; and appoint Alex "
Plisko as the Alternate member for unexpired term through April �0, 2014.
consent
8.11 Reappoint Barbara Blakely, Barbara Ann"Murphey.
appoint Elizabeth W. Folk to the Library Board with
2017. (consent)
Councilmember poreen Hock-QiPolito move to apprc�ue tr
submitted and authorize th�: appropriate officials tc� ex�cu�
seconded and carried unanimQUSly.
City Manag�r F��
9. City Manager \
9.1 Citv Manaaer V
Je
�..
1►�
Repo
�
ire F
e Consen# Agenda as
e same, The motion was duly
s reviewed recent and upcoming events and congratulated
, 2013 Mr. and Mrs. Clearwater.
Counci12013-02-07 8
Item # 3
The meeting was adjourned at 6:39 p.m.
Attest
Attachment number 1 \nPage 9
Mayor
Counci12013-02-07 9
Item # 3
RESOLUTION
REOPENING THE RESTROOM FACILITIES AT CREST LAKE PARK
IN THE CITY OF CLEARWATER, FLORIDA
:
CLEARWATER NEIGHBOHOODS COALITION
OF
CLEARWATER, FLORIDA
February 11, 2013
WHEREAS, the residents of Clearwater, F'lorida have chosen to live in a community that chooses to have beautif�ul parks
and recreational facilities �naintained through taYes collected by the City of�Clearwater, and
WHEREAS, these parks and recreatior:al facilities are designed and maintained for the enjoyment �rn�i benefit of hoth
residents from, and visitors to the City of Clearwater, and
VGHEItEAS, parks and recreational facilities within the City of Clear��ater have planned, designed an� built re�tr��om
i=acilities for use as a necessary� feature for residents and visitors so that they inav en�oy their stay at these locations
without fear of discomfiort or cequiring�an unplanned, or hasty exit, and � �
�VHEREAS, Crest Lake Park is a unique park that attracts residents and visitors because or �ts �iniqueness to the Cit��� of
Clearwater, and
WHEREAS, the residents�'of and visitois ta the City of Clearwater's �Crest Lake Park sl�ould (�a_��e acce�s to ��esn�oom
faci I ity
WE THEREFORE ti12GE
THE CITY COUNCIL OF THE CITY OF CLEARWATER
to pass and adopt an order removing the obstaeles bIockin��� access��,to the City of Clearwater's Crest Lake Park restroom
facilities during daylight hours, most commonly deftned as times between civil sunrise and civil sunset, so that users of
tl�is park may continue to enjoy the beauty and ambience
WE FURTHER UR(�E THAT
THE CITY COUNCIL UF THE CITY OF CLEARWATER
adopt and pass this order within two weeks� fi-om the date of the Febr�iary 21, 2013 presentation
Respectfully Submitted, Adopted and Approved by the
Clearwater Neighborhoods Coalition �
��� �� � ��� ��
�r.� �� ���..�� ��
�
Carl Schrader
President
��
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,�
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Proclamation & Response
��" Scripture Lesson Proverbs 22:1-2, &9, 22-23
����� �
��! One: God's Word for God's People.
, A11: Thanks be to God.
Congregational Act of Confession
O, God, we are ashamed to confess that we have turned our
faces from the sight of the poor and have closed our hearts to their�
needs. But people in need are a{I around us, and many of us are
mere[y one or #wo paychecks away from poverty. Forgive us, O God,
for avoiding the poor and for criminalizing poverly. Forgive us, O
God, for I�ving with #ight fists and closed hearts, forgive us, O God,
for neglecting to do good when it was in our power to help someone.
Forgive us, O God, and give us open hands and generous
compassionate hearts. Amen.
Song of Hope
Act of Praise — Psalm 124
*Gloria Patri
''' Glory be to the Fa#her
,,
;;: and to the Son and to the Holy Ghost;
't; as it was in the beginning,
' is now, and ever sha11 be,
.;;
wdrld withou# end. Amen. Amen.
� Scripture Lesson James 2:1-10, (11-13), 94-17
One: This is the Word of the Lord.
t Ati: Thanks be #o God.
The Message
#2186
#846
#70
"Who's Daddy's Favorite?"
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OLD ORCHARD BEACH UNITED METHODIST CHURCH
Se�tember 9, 2��2 -r � Fifteer�tl� Sut�day after Per�te�ost
("`) indicates when the congregation should stand if ah/e.
Entrance
Gathering � Announc�men�s
S�arin� of our Joys antl Concerns
�'ime of Centering Theme: "The Vo�abufa�-y of God"
VNe are standing on Hofy Graund
And 1 know that there are angeis all around
Let us praise Jesus now
We are standing in His presence on Holy Ground
*Opening Mus�c
��Passing of the Peace
Cal1 to Congregationat Worship
L: Those who trust in the Lord are like Mount Zion, which cannot be
P:
L:
P:
L:
P:
L:
P:
L:
P:
All:
moved.
In good times and in bad times, we #rust in the Lord our God.
As the mountains surround Jerusalem, God's peopie are surrounded,
from this time on and for evermore.
We are surrounded by God's goodness and mercy; we are
surrounded by God's lave and peace.
The Lord does good to those who are upright in heart and do good.
We believe that we will see the goodness of the Lord in the land
of the living.
The rich and the poor have this in common: the LORD is #he maker o#�
them all.
The poor are our neighbors. Fortunes change hands in a matter
of days; rich today could be poor tomorrow.
Whoever is kind to the poor lends to the LOF2D, and will be repaid in
full.
And whoever champions the cause of the poor finds a place in�.
the heart of God.
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City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:2/21/2013
Approve a Development Agreement between Clearwater Grande Development, LLC (the property owner) and the City of Clearwater,
providing for the allocation of 60 units for an overnight accommodation from the Hotel Density Reserve and a building height of 49.5
feet (from base flood elevation) under Beach by Design. (DVA2012-11001); adopt Resolution 13-01, and authorize the appropriate
officials to execute same.
SUMMARY:
The 0.63-acre subject property is located on the south side of South Gulfview Boulevard, approximately 894 feet
west of Gu1f Boulevard in the Tourist (T) District and Clearwater Pass character district in Beach by Design. The
subject property is presently a part of a larger 1.438-acre parcel that will be separated into two parcels (Parcels A and
B) through the minor lot line adjustment process.
The subject property presently consists of the 91-room Quality Inn and its associated off-street parking; however the
proposal would separate the parking lot from the hotel in order to facilitate the construction of a new Hampton Inn
and Suites on that parcel (Parcel B).
While the proposal retains the existing 91-room Quality Inn, the size of the parcel requires the allocation of 60 rooms
from the Hotel Density Reserve in order to keep the hotel from being over dense (144.44 rooms/acre). It is noted
that the height of the existing hotel is 49.5 feet (as measured from base flood elevation). On January 15, 2013, the
Community Development Board (CDB) approved the Flexible Development application (FLD2012-11023)
associated with the request.
The proposed Development Agreement is in compliance with the standards for Development Agreements, is
consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by
Design. The proposed Development Agreement will be in effect for a period not to exceed twenty years, meets the
criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following
main provisions:
. Provides for the allocation of 60 units from the Hotel Density Reserve;
. Requires the developer to obtain building permits and certificates of occupancy in accordance with
Community Development Code (CDC) Section 4-407;
. Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed;
. Prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant
restricting use of such hotel units to overnight accommodation usage;
. Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as
practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center;
and
. Requires that the development comply with the Metropolitan Planning Organization's (MPO) countywide
approach to the application of concurrency management for transportation facilities.
The Community Development Board reviewed this Development Agreement (DVA2012-11001) at its public hearing
on January 15, 2013, and unanimously recommended its approval.
Cover Memo
Review Approval:
Attachment number 1 \nPage 1
Proposed Development Agreement
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the day
of , 201_ and entered into between Clearwater Grande Holdings LLC, a
Florida limited liability company ("Developer"), its successors and assigns, and the CITY
OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting though its
City Council, the governing body thereof ("City").
Recitals:
WHEREAS, one of the major elements of the City's revitalization effort is a
preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and
WHEREAS, Sections 1633220 —163.3243, Florida Statutes which set forth the
Florida Local Government Development Agreement Act ("Act"), authorize the City to
enter into binding development agreements with persons having a legal or equitable
interest in real property located within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-
606 of the City of Clearwater Community Development Code ("Code"), establishing
procedures and requirements to consider and enter into development agreements; and
WHEREAS, Beach by Design proposed additional hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality,
family resort community by further providing for a limited pool of additional hotel units
("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and
WHEREAS, the Developer owns and controls approximately 0.63 acres of real
property ("Property") in the corporate limits of the City, consisting of 0.63 acres of
upland from the face of the seawall more particularly described on Exhibit "A" as Parcel
"A" attached hereto and incorporated herein; and
WHEREAS, the Developer desires to make the property more attractive by
refinishing the exterior landscaping of Parcel A; all of which will generally conform to
the photographs and landscape plan shown in Exhibit `B"; and
WHEREAS, by this property receiving units from the Hotel Density Reserve, the
City of Clearwater will be provided additional and much needed mid-priced hotel rooms
for use by the public. The City will also benefit from increased tourist taxes from the
hotel guests.
WHEREAS, upon completion the existing hotel contains 91 existing units, which
will include sixty (60) units from the available Beach by Design Hotel Density Reserve;
and
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Attachment number 1 \nPage 2
WHEREAS, the city has conducted such hearings as are required by and in
accordance with Chapter 1633220 Fla. Stat. (2011) and any other applicable law; and
WHEREAS, the city has determined that, as of the Effective Date of this
Agreement the proposed project is consistent with the City's Comprehensive Plan and
Land Development Regulations; and
WHEREAS, the City has conducted public hearings as required §§ 4-206 and 4-
606 of the Community Development Code; and
WHEREAS, at a duly called public meeting on , the City Council
approved this Agreement and authorized and directed its execution by the appropriate
officials of the City; and
WHEREAS, the Community Development Board approved the design and site
plan as a Flexible Development on , conditioned upon the approval and
execution of this Agreement; and
WHEREAS, approval of this agreement is in the interests of the City in
furtherance of the City's goals of enhancing the viability of the resort community and in
furtherance of the objectives of Beach by Design; and
WHEREAS, Developer has approved this Agreement and duly authorized certain
individuals to execute this Agreement on Developer's behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and
in accordance with the Act, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of this
Agreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in
compliance with and under the authority of the Code and the Act, the terms of which as
of the date of this Agreement are incorporated herein by this reference and made a part of
this Agreement. Words used in this Agreement without definition that are defined in the
Act shall have the same meaning in this Agreement as in the Act.
SECTION 3. Propertv Subject to this A�reement. The Property described in
Exhibit "A" is subject to this Agreement ("Property").
3.1 The Property currently has a land use designation of Resort Facilities High
(RFH) and is zoned Tourist (T).
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33767.
Attachment number 1 \nPage 3
3.2 The Property is owned in fee simple by the Developer.
33 The Property is generally located at 655 S Gulfview Blvd, Clearwater, FL
SECTION 4. Sco�e of Project.
4.1 The Proj ect ("Proj ect") shall consist of no more than 91 overnight
accommodation units, to be traditional overnight accommodation units. The proposed
density is 144.44 units per acre, which is below the allowed 150 units.
4.2 The Project shall have shared parking and accesses with the adjacent
property 653 S Gulfview Blvd, Clearwater, F133767 which is the proposed site for
construction of a parking garage and Hampton Inn which will provide 252 off-street
parking spaces which is sufficient parking for both the proposed Hampton Inn and the
existing Quality Inn. (See 6.1.4).
4.3 The height of the existing building is approximately 49.5' from BFE.
4.4 The design of the Project, as represented in Exhibit `B", is consistent with
existing built out properties in the area.
4.5 The project shall comply with the Metropolitan Planning Organization
(MPO) countywide approach to the application of concurrency management for
transportation facilities.
SECTION 5. Effective Date/Duration of this A�reement.
5.1 This Agreement shall not be effective until this Agreement is properly
recorded in the public records of Pinellas County, Florida and thirty (30) days have
elapsed after having been received by the Department of Economic Opportunity pursuant
to Florida Statutes Section 1633239 and Clearwater Community Development Code
Section 4-606.G. 2 (the "Effective Date").
52 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for
Pinellas County. The Developer shall pay the cost of such recording. The City Shall
submit to the Department of Economic Opportunity a copy of the recorded Agreement
within fourteen (14) days after the Agreement is recorded.
5.3 This Agreement shall continue in effect until terminated, as defined
herein, but for a period not to exceed twenty (20) years.
SECTION 6. Obli�ations under this A�reement.
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Attachment number 1 \nPage 4
6.1 Obligations of the Developer:
6.1.1 The obligations under this Agreement shall be binding upon and
the benefits of this Agreement shall inure to the Developer, its successors in
interests or assigns.
6.12 At the time of development of the Property, the Developer will
submit such applications and documentation as are required by law and shall
comply with the City's Code applicable at the time of building permit review.
6.13 The following restrictions shall apply to development of the
Property:
6.13.1 The Property and improvements located thereon
shall be developed in substantial conformance with the Site and Building Plans
attached as Exhibit `B" and approved by the Community Development Board
("CDB") as case number . Any minor revisions or changes to the Site
Plan shall consistent with the approved Site Plan and shall be approved by the
Planning Director as a minor modification, pursuant to the Code. Any
modifications determined by the Planning Director as either inconsistent with the
approved Site Plan or constituting a substantial deviation from the approved Site
Plan and thus requiring further approval by the CDB shall require an amendment
to this Agreement in accordance with the procedures of the Act and the Code, as
necessary and applicable. Any and a11 such approved and adopted amendments
shall be recorded in the public records of Pinellas County, Florida
6.13.2 The Developer shall execute, prior to
commencement, a mandatory evacuation/closure covenant, substantially in the
form of Exhibit "C" that the accommodation use will be closed as soon as
practicable after a hurricane watch that includes Clearwater Beach is posted by
the National Hurricane Center.
6.1.4 Shared Facilities. The proposed Hampton Inn site (Parcel `B")
and the adjacent existing Quality Hotel site (Parcel "A") shall share parking
facilities, waste facilities, sidewalks and other areas as needed. The two
properties shall enter into appropriate shared facilities agreements and easements
in a form acceptable to the city. Once the agreements are in a form acceptable to
the city they shall be executed and recorded.
6.1.5 Allocation of Units from Hotel Densitv Reserve; Return of Units to
the Reserve Pool. Covenant Re_a� rdin� Use of Hotel Densitv Reserve Units.
Subject to the terms and conditions of this Agreement, the City hereby allocates
and grants to the Developer from the Hotel Density Reserve an additiona160 hotel
units to the Project Site in accordance with applicable law. In the event this
Agreement is terminated pursuant to Section 10 of this Agreement, or if any of
the units granted to the Developer from the Hotel Density Reserve are not
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Attachment number 1 \nPage 5
constructed in conjunction with the Project approved by City and in accordance
with Paragraph 6.1.32, or if any units or the Project fail to meet and maintain the
criteria for Hotel Density Reserve Units contained in the City of Clearwater
Ordinance No. 7925-08, as amended, said units shall be returned to the Hotel
Density Reserve and be unavailable to the Developer for use on the Project,
pursuant to Beach by Design. Prior to the issuance of the Certificate of Occupancy
for the Project, the Developer agrees to execute and record a Covenant in the
Public Records of Pinellas County, Florida restricting the Hotel Density Reserve
Units in perpetuity to the use approved by City and by this Agreement.
6.1.6 Transient Use. Occupancy in the overnight accommodation units
from the Hotel Density Reserve is limited to a term of one (1) month or thirty-
one 31) consecutive days, whichever is less. Nothing herein shall prevent a
purchaser of a fractional share unit from owning a period of time greater than
thirty-one (31) days, provided every occupancy is limited to a term of one (1)
month or thirty-one (31) consecutive days, whichever is less.
6.2 Obli�ations of the City.
6.2.1 The City shall promptly process site and construction plan
applications for the Property that are consistent with the Comprehensive Plan and
the Concept Plan and that meet the requirements of the Code.
6.22 Upon adoption of this Agreement, the Project sha11 receive 60 units
from the Hotel Density Reserve as defined in Beach by Design
SECTION 7. Public Facilities to Service Development. The following public
facilities are presently available to the Property from the sources indicated below.
Development of the Property will be governed by the concurrency ordinance provisions
applicable at the time of development approval unless otherwise provided by law. With
respect to transportation and other public infrastructure and services subject to
concurrency requirements, the City of Clearwater finds that all applicable concurrency
provisions for the proposed development have been met.
7.1 Potable water is currently provided by the City of Clearwater. All
necessary main extensions and connections are existing
72 Sewer service is currently provided by the City. A11 necessary main
extensions and connections are existing.
7.3 Fire protection services are currently provided by the City of Clearwater.
7.4 Drainage facilities for the Property are existing
7.5 Transportation concurrency requirements have been met.
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Attachment number 1 \nPage 6
SECTION8. Rec�uired Local Government Permits. The required government
development permits for development of the Property include, without limitation, the
following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-of-
way utilization permits;
SECTION 9. Consistencv. The City finds that development of the Property is
consistent with the terms of this Agreement and is consistent with the City
Comprehensive Plan and the Code.
SECTION 10. Termination. If the Developer's obligations set forth in this
Agreement are not followed in a timely manner, as reasonably determined by the City
Manager, after notice to the Developer and an opportunity to be heard, existing permits
shall be administratively suspended and issuance of new permits suspended until the
Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve
as a basis for termination of this Agreement by the City, at the discretion of the City and
after notice to the Developer and an opportunity for the Developer to be heard.
SECTION 1 l. Other Terms and Conditions.
11.1 Except in the case of termination, until twenty (20) years after the date of
this
Agreement, the Property shall not be subject to down-zoning, unit density reduction, or
intensity reduction, unless the City has held a public hearing and determined:
11.1.l That substantial changes have occurred in pertinent conditions
existing at the time of approval of this Agreement; or
11.12 This Agreement is based on substantially inaccurate information
provided by the Developer; or
11.13 That the change is essential to the public health, safety, or welfare.
SECTION 12. Com�liance with Law. The failure of this Agreement to address
any particular permit, condition, term or restriction shall not relieve the Developer from
the necessity of complying with the law governing such permitting requirements,
conditions, terms or restrictions.
SECTION 13. Notices. Notices and communications required or desired to be
given under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail, return
receipt requested, addressed as follows (copies as provided below shall be required for
proper notice to be given):
If to the Developer: Clearwater Grande Holdings LLC
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Attachment number 1 \nPage 7
20001 Gulf Blvd.
Indian Shores, FL 33785
With Copy to: Northside Engineering Services, Inc
300 South Belcher
Clearwater, FL 33765
If to City: City of Clearwater, City Attorney
ATTN:
112 South Osceola Avenue
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight courier service for next day delivery, or on the 3rd day following
deposit in the United States mail, certified mail, return receipt requested. The parties may
change the addresses set forth above (including the addition of a mortgagee to receive
copies of all notices),by notice in accordance with this Section.
SECTION 14. Assi�nments.
14.1 By the Developer:
14.1.1 Prior to the Commencement Date, the Developer may sell, convey,
assign or otherwise dispose of any or all of its right, title, interest and obligations
in and to the Project, or any part thereof, only with the prior written notice to the
City, provided that such party (hereinafter referred to as the " assignee"), to the
extent of the sale, conveyance, assignment or other disposition by the Developer
to the assignee, sha11 be bound by the terms of this Agreement the same as the
Developer for such part of the Project as is subject to such sale, conveyance,
assignment or other disposition.
14.12 If the assignee of the Developer's right, title, interest and
obligations in and to the Project, or any part thereof assumes all of the
Developer's obligations hereunder for the Project, or that part subject to such sale,
conveyance, assignment or other disposition, then the Developer shall be released
from all such obligations hereunder which have been so assumed by the assignee,
and the City agrees to execute an instrument evidencing such release, which shall
be in recordable form.
14.13 An assignment of the Project, or any part thereof, by the Developer
to any corporation, limited partnership, limited liability company, general
partnership, or joint venture, in which the Developer (or an entity under common
control with Developer) has either the controlling interest or through a joint
venture or other arrangement shares equal management rights and maintains such
controlling interest or equal management rights shall not be deemed an
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Attachment number 1 \nPage 8
assignment or transfer subject to any restriction on or approvals of assignments or
transfers imposed by this Agreement, provided, however, that notice of such
assignment shall be given by the Developer to the City not less than thirty (30)
days prior to such assignment being effective and the assignee shall be bound by
the terms of this Agreement to the same extent as would the Developer in the
absence of such assignment.
14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of
the Developer's rights and obligations with respect to any one Parcel shall in any
way be obligated or responsible for any of the Developer's obligations with
respect to any other Parcel by virtue of this Agreement unless and until such
assignee, purchaser, sublessee or acquire has expressly assumed the Developer's
such other obligations.
14.1.5 Notwithstanding any other provision of this paragraph, the sale of
individual Interval Ownership Units in the ordinary course of business shall not
be subject to the requirements of this paragraph.
14.2 Successors and Assi�ns. The terms herein contained shall bind and inure to
the benefit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their personal representatives, trustees,
heirs, successors and assigns, except as may otherwise be specifically provided herein.
SECTION 15. Minor Non-Compliance. The Developer will not be deemed to
have failed to comply with the terms of this Agreement in the event such noncompliance,
in the judgment of the City Manager, reasonably exercised, is of a minor or
inconsequential nature.
SECTION 16. Covenant of Coo�eration. The parties shall cooperate with and deal
with each other in good faith and assist each other in the performance of the provisions of
this Agreement and in achieving the completion of development of the Property.
SECTION 17. Approvals. Whenever an approval or consent is required under or
contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested and
granted in writing.
SECTION 18. Completion of A�reement. Upon the completion of performance of
this Agreement or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded
in the official records of the City.
SECTION 19. Entire A�reement. This Agreement (including any and all
Exhibits attached hereto all of which are a part of this Agreement to the same extent as if
such Exhibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
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Attachment number 1 \nPage 9
SECTION 20. Construction. The titles, captions and section numbers in this
Agreement are inserted for convenient reference only and do not define or limit the scope
or intent and should not be used in the interpretation of any section, subsection or
provision of this Agreement. Whenever the context requires or permits, the singular shall
include the plural, and plural shall include the singular and any reference in this
Agreement to the Developer includes the Developer's successors or assigns. This
Agreement was the production of negotiations between representatives for the City and
the Developer and the language of the Agreement should be given its plain and ordinary
meaning and should not be strictly construed against any party hereto based upon
draftsmanship. If any term or provision of this Agreement is susceptible to more than one
interpretation, one or more of which render it valid and enforceable, and one or more of
which would render it invalid or unenforceable, such term or provision shall be construed
in a manner that would render it valid and enforceable.
SECTION 21. Partial Invaliditv. If any term or provision of this Agreement or the
application thereof to any person or circumstance is declared invalid or unenforceable,
the remainder of this Agreement, including any valid portion of the invalid term or
provision and the application of such invalid term or provision to circumstances other
than provision and the application of such invalid term or provision to circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected
thereby and shall with the remainder of this Agreement continue unmodified and in full
force and effect. Notwithstanding the foregoing, if such responsibilities of any party
hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits
sought to be received hereunder are frustrated, such party shall have the right to terminate
this Agreement upon fifteen (15) days written notice to the other parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of
the City which is of general application not governing the development of land shall be
applicable to the Property, and such modifications are specifically anticipated in this
Agreement.
SECTION 23. Governin_� Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida without regard to the
conflict of laws principles of such state.
SECTION 24. Counter�arts. This Agreement may be executed in counterparts, all
of which together shall continue one and the same instruments.
SECTION 25. Amendment. This Agreement may be amended by mutual written
consent of the City and the Developer so long as the amendment meets the requirements
of the Act, applicable City ordinances, and Florida law.
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[remainder of this page is blank—signature page follows]
Attachment number 1 \nPage 1i
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Attachment number 2 \nPage 1
� � � COMMUNITY DEVELOPMENT BOARD
� � � ���
� PLANNING AND DEVELOPMENT DEPARTMENT
�, � , �
STAFF REPORT
MEETING DATE:
AGENDA ITEM:
CASE:
REQUEST:
January 15, 2012
E.1.
DVA2012-11001 (Related to FLD2012-11023)
Review, and recommendation to the City Council, of a Development Agreement
between Clearwater Grande Development, LLC (the property owner) and the City of
Clearwater, providing for the allocation of 60 units from the Hotel Density Reserve
under Beach by Design.
GENERAL DATA:
Agent ........................... Northside Engineering Services, Inc. (Housh Ghovee and Renee Ruggiero)
Applicant / Owner ............. Clearwater Grande Development, LLC
Location ........................... 655 South Gulfview Boulevard; located on the south side of South Gulfview Boulevard,
approximately 894 feet west of Gulf Boulevard
Property Size .................... 0.63 Acres
Future Land Use Plan...... Resort Facilities High (RFH)
Zoning . . . . . . . . . . . . . . . . . . . . . . . ..
Special Area Plan............
Adjacent Zoning... North:
South
East:
West
Existing Land Use..........
Tourist (T) District
Beach by Design (Clearwater Pass District)
Tourist (T) District
Open Space/Recreation (OS/R) District
Tourist (T) District
Tourist (T) District
Overnight Accommodations
Proposed Land Use... ...... Overnight Accommodations
E.1.
Attachment number 2 \nPage 2
L�T Level II Flexible Develo iri�Bl$ A IlCd$IOtI E�8Vi2W PLANNING & DEVELOPMENT
P PP DEVELOPMENT REVIEW DIVISION
s�.�t£}�'K�''��"i'dvv'i�i/� �'---'�tt� �yr�Srfz �,1.�y`.`,�,E / .. .,.,^l ?. ��r.�„a:. � ��.`<. � : � :: a + ;'
ANALYSIS:
Site Location and Existing Conditions:
The 1.438 acre subject property is located on
the south side of South Gulfview Boulevard
approximately 894 feet west of Gulf
Boulevard. The subject property is currently
developed with a 91-room hotel (Quality Inn)
and its associated parking lot.
Development Proposal: �`=d� G°��Fw ��
Currently the existing 62,640 square feet of lot �l`e�,
area (1.438 acre) subject property consists of a
Quality Inn hotel and its associated parking lot. PR��E�r �dss
SITE
The applicant proposes to separate the parking
lot area from the existing hotel building
through a minor lot adjustment to create two ����� LQCATIal�i MAF'�
separate lots of record (Parcels A& B). The
Quality Inn will be situated on Parcel A with �`FqR ��
27,446 square feet of lot area (0.63 acres) while P ��rFR ��
the remaining 3 5,174 square feet of lot area q��--_ �� 8� ' i ��°'4e�R
(Parcel B) will be redeveloped with a fifteen- � s��< < �� � r � �
, ���
story mid-priced hotel (Hampton Inn & Suites). � ��°<� , ��� � � � ,� � ����� � �s����,
The existing Quality Inn currently has 91 hotel "' � � � � � r�`�""e� � � �� � �
�
n � �
rooms. The proposal is to bring the density of T a$ 0�° � �
��•-.,, ���� e � �,;.�
the existing hotel to conform to current Code q �••� �; � i�� �
provisions through the Hotel Density Reserve � �� �� �
� a � � �.,
� a � e �� � �
after the minor lot adjustment. Based on '' ���
current Code provisions which allow fifty hotel �
units per acre, only 31 hotel rooms are P �
allowable on a parcel of land with 0.63 acres ���� ��,
(27,446 square feet of lot area). However,
Beach by Design allows for a maximum of 100 hundred hotel rooms to be allocated through the
Hotel Density Reserve to any development with a lot size of less than 2.5 acres. For this reason
the owners of the Quality Inn hotel are proposing to retain the 91-unit overnight accommodation
by requesting 60 units from the Hotel Density Reserve at a density of 144.44 units per acre
which is below the maximum density of 150 units per acre as set forth in Beach by Design
special area plan.
This development agreement to allow for a total of 91 hotel rooms (144.44 rooms per acre on net
lot acreage, including the allocation of 60 units from the Hotel Density Reserve) includes a
companion Flexible Development application (FLD2012-11023). The existing Quality Inn will
share parking with the new Hampton Inn & Suites. A total of 252 parking spaces will be
provided between the two proposed lots. Five off-street parking spaces will be located on the
Quality Inn property with the remaining 247 off-street parking spaces provided through a shared
access and parking agreement within the garage of the Hampton Inn & Suites. The number of
Community Development Board — January 15, 2013 If@CT1 # 4
DVA2012-11001 —Page 1
Attachment number 2 \nPage 3
L�T Level II Flexible Develo iri�Bl$ A IlCd$IOtI E�8Vi2W PLANNING & DEVELOPMENT
P PP DEVELOPMENT REVIEW DIVISION
'F� '�t��'a�'��"�i�irr,rrl� �s��.�e ayl �.&t��;�.,;1` ,., i .. , �>. � �, ,,;. � �....:, ; : . , . . . . . �:: .
parking spaces provided for both overnight
accommodations complies with the development
standards of 1.2 spaces per unit as set forth in the
Community Development Code.
Development Agreement:
The Development Agreement is a requirement for
the allocation of hotel units from the Hotel
Density Reserve, adopted as an amendment to
Beach by Design under Ordinance 7925-08 on
July 17, 2008. A total of 1,385 hotel rooms were
established under the Hotel Density Reserve
where currently a total of 947 units are available
within the density reserve; this development
agreement proposal requests the allocation of 60
units from it. The City has established criteria to
facilitate the allocation of the units. Such criteria
includes that accessory uses shall be consistent with a hotel; that no hotel room can be converted
to a residential use; that access to the hotel room must be through a lobby and internal corridors;
that the hotel shall establish a reservation system with a lobby/front desk area; and that the
development shall comply with the Metropolitan Planning Organizations (MPO) countywide
approach to the application of the concurrency management for transportation facilities. The
proposed redevelopment project meets the above criteria.
The proposed Development Agreement will be in effect for a period not to exceed twenty (20)
years, meets the aforementioned criteria for the allocation of units from the Hotel Density
Reserve under Beach by Design and also includes the following main provisions required for the
allocation of hotel units:
❑ Provides for the allocation of 60 units from the Hotel Density Reserve;
❑ Requires the developer to obtain building permits and certificates of occupancy in
accordance with Community Development Code (CDC) Section 4-407;
❑ Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not
constructed;
❑ For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel
unit to a residential use and requires the recording of a covenant restricting use of such
hotel units to overnight accommodation usage; and
❑ Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be
closed as soon as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
Community Development Board — January 15, 2013 If@CT1 # 4
DVA2012-11001 —Page 2
Attachment number 2 \nPage 4
L�T Level II Flexible Develo iri�Bl$ A IlCd$IOtI E�8Vi2W PLANNING & DEVELOPMENT
P PP DEVELOPMENT REVIEW DIVISION
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The Community Development Board (CDB) has been provided with the most recent
Development Agreement.
The City Council may enter into Development Agreements to encourage a stronger commitment
on comprehensive and capital facilities planning, to ensure the provision of adequate public
facilities for development, to encourage the efficient use of resources, and to reduce the
economic cost of development. The CDB is required to review the proposed Development
Agreement and make a recommendation to the City Council.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of December 6, 2012, and deemed the development proposal to be legally
sufficient to move forward to the Community Development Board (CDB), based upon the
following findings of fact and conclusions of law:
Findin�s of Fact
The Planning and Development Department, having reviewed all evidence submitted by the
applicant and requirements of the Community Development Code (CDC), finds that there is
substantial competent evidence to support the following findings of fact:
1. That the 1.438 acre subject property is located on the south side of South Gulfview
Boulevard approximately 894 feet west of Gulf Boulevard;
2. That the property is located within the Tourist (T) District and the Resort Facilities High
(RFH) Future Land Use Plan category;
3. That the applicants are requesting 60 units from the Hotel Density Reserve;
4. That the existing hotel will be situated on a parcel of land with a lot width of 83.97 feet
(along South Gulfview Boulevard) and 27,446 square feet of lot area;
5. That the proposed density is 144.44 units per acre is below the maximum density of 150 units
per acre as set forth in Beach by Design special area plan;
6. That the hotel has a reservation system with an internal lobby front desk area;
7. That all accessory uses are consistent with a typical mid-priced hotel;
8. That access to the overnight accommodation units shall be provided through a lobby with
internal corridors;
9. That the Traffic Engineering Department accepts the findings of the submitted Traffic Impact
Study which indicates that the proposed redevelopment project will not degrade the Level of
Service (LOS D or better) on surrounding transportation facilities nor adversely affect the,
nearby signalized intersections which is consistent with Metropolitan Planning Organizations
concurrency management for transportation facilities;
10. That the development proposal is subj ect to the requirements of Beach by Design, the Design
Guidelines contained therein as the property is located within the Clearwater Pass character
district and the criteria for allocation of units from the Hotel Density Reserve.
Conclusions of Law
The Planning and Development Department, having made the above findings of fact, reaches the
following conclusions of law:
Community Development Board — January 15, 2013 If@CT1 # 4
DVA2012-11001 —Page 3
Attachment number 2 \nPage 5
L�T Level II Flexible Develo iri�Bl$ A IlCd$IOtI E�8Vi2W PLANNING & DEVELOPMENT
P PP DEVELOPMENT REVIEW DIVISION
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1. That the Development Agreement implements and formalizes the requirements for the
construction of on-site and off-site improvements under the related site plan proposal
(FLD2012-11023);
2. That the Development Agreement complies with the standards and criteria of CDC Section
4-606;
3. That the Development Agreement is consistent with and furthers the Visions, Goals,
Obj ectives and Policies of the Comprehensive Plan;
4. That the Development Agreement is consistent with the Visions, Goals, Objectives and
Policies of Beach by Design and the Clearwater Pass District; and
5. That the Development Agreement complies with the criteria in Beach by Design for the
allocation of units from the Hotel Density Reserve.
Based upon the above, the Planning and Development Department recommends the
APPROVAL, and recommendation to the City Council, of a Development Agreement between
Clearwater Grande Development, LLC and the City of Clearwater, providing for the allocation
of 60 units from the Hotel Density Reserve under Beach by Design, for the property at 655 South
Gulfview Boulevard.
Prepared by Planning and Development Department Staff:
Kevin W. Nurnberger, Planner III
ATTACHMENTS: Photographs of Site and Vicinity
Community Development Board — January 15, 2013 If@CT1 # 4
DVA2012-11001 —Page 4
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MEETING DATE:
AGENDA ITEM:
CASE:
Attachment number 3 \nPage 1
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
January 15, 2012
D2.
FLD2012-11023 (Related to DVA2012-11001)
REQUEST: Fle�ble Development application to permit a 91-room overnight accommodation use in
the Tourist (T) District with a lot area of 27,446 square feet (0.63 acres), a lot width of
83.97 feet along South Gulfview Boulevard, front (north) setbacks of zero feet (to
existing brick pavers), 0.8 feet (to e�sting covered wood deck), 81 feet (to proposed
structure), and 19.7 feet (to existing building); side (east) setbacks of zero feet (to
existing wood frame structure), 6.5 feet (to structure), and 10 feet (to e�sting building);
side (west) setbacks of zero feet (to proposed canopy), four feet (to existing pavement),
and 5.6 feet (to existing structure); rear (south) setbacks of zero feet (to existing brick
paver pool deck), 14 feet (to cover wood structure), and 26.6 feet (to e�sting building);
a building height of 49.5 feet (from Base Flood Elevation to top of roo�; and �ve off-
street parking spaces as a Comprehensive In�ll Redevelopment Project pursuant to
Community Development Code Section 2-803.D; and an increase in the maximum
allowable density through the allocation of 60 overnight accommodation units from the
Hotel Density Reserve created pursuant to Beach by Design; as well as a reduction to
the required foundation landscaping width along South Gulfview Boulevard from �ve
feet to zero feet as part of a Comprehensive Landscape Program pursuant to Community
Development Code Section 3-1202.G.
. � . .
Agent ........................... Northside Engineering Services, Inc. (Housh Ghovee and Renee Ruggiero)
Applicant / Owner .............. Clearwater Grande Development, LLC
Location ........................... 655 South Gulfview Boulevard; located on the south side of South Gulfview Boulevard,
appro�mately 894 feet west of Gulf Boulevard
Property Size .................... 0.63 Acres
Future Land Use Plan...... Resort Facilities High (RFH)
Zoning . . . . . . . . . . . . . . . . . . . . . . . .. .
Special Area Plan .............
Adjacent Zoning... North:
Tourist (T) District
Beach by Design (Clearwater Pass District)
Tourist (T) District
South: Open Space/Recreation (OS/R) District
East: Tourist (T) District
West: Tourist (T) District
Existing Land Use ............. Overnight Accommodations
Proposed Land Use... ...... Overnight Accommodations
D.2.
Attachment number 3 \nPage 2
Level II Flexible Develo ment A licatian Review PL�n�nGa DEV�LOPn-¢nT
P pp DEVELOPMENTREVIER�DIVISION
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ANALYSIS:
Site Location and Existing Conditions:
The 1.438 acre subject property is located on
the south side of South Gulfview Boulevard
approximately 894 feet west of Gulf Boulevard.
The subject property is currently developed
with a 91-room hotel (Quality Inn) and its
associated parking lot. The existing building is
located on the east side of the site and oriented
north/south.
Retail Sales and services uses are located to the
north of the subj ect properry. The adj acent
property to the west consists of the Econo
Lodge hotel. The adjacent parcel to the east
consists of the Continental Towers
condominium properry. The land area to the south consists of a beach that overlooks Clearwater
Pass.
Development Proposal:
The subject properry consists of a existing 91-
room hotel (Quality Inn) and its associated
parking lot on 62,620 square feet of lot area
(1.43 acres). The owners of the properry
propose to complete a minor lot adjustment
separating the hotel building from its parking
lot to create two lots of record to allow for the
development of a new mid-priced hotel
(Hampton Inn & Suites on Parcel B; see
Agenda Item D.3). The existing Quality Inn
hotel will then be situated on a parcel of land
(Parcel A) with a lot width of 83.97 feet (along
South Gulfview Boulevard) and 27,446 square
feet in lot area (0.63 acres).
The existing Quality Inn has 91 hotel rooms that were approved in the late 1970's. The proposal
is to bring the density of the existing hotel to conform to current Code provisions through the
Hotel Density Reserve. Based on current Code provisions which allow fifty hotel units per acre,
ninety-one hotel rooms on the subject parcel exceed the number of allowable hotel rooms on a
lot with 62,620 square feet; only seventy-one hotel rooms are permitted on the subject parcel.
The existing use on site is nonconforming in regards to allowable number of hotel units per acre.
After the proposed minor lot adjustment, the nonconformity will increase.
As noted above, the owners propose to reduce the acreage of the Quality Inn parcel to 0.63 acres
(Parcel A). That amount of land area allows for a maximum of 31 hotel rooms based on
maximum density standards. However, Beach by Design allows for a maximum of 100 hundred
Community Development Board — January 15, 2013 �f@CTl �$ 4
FLD2012-11023 — Page 1
Attachment number 3 \nPage 3
Level II Flexible Develo ment A licatian Review PL�n�nGa DEV�LOPn-¢nT
P pp DEVELOPMENTREVIPWDIVISION
hotel rooms to be allocated through the Hotel
Density Reserve to any development with a lot
size of less than 2.5 acres. For this reason the
owners of the Quality Inn hotel are proposing a
91-unit overnight accommodation use at a density
of 144.44 units per acre, which includes the
allocation of 60 units from the Hotel Density
Reserve under Beach by Design.
Also on this CDB agenda is a companion
Development Agreement (DVA2013-11001) that
must be approved by City Council, which
provides for the allocation of the 60 units from
the Hotel Density Reserve.
In regards to off-street parking spaces, the
existing Quality Inn and proposed Hampton Inn
& Suites will share 252 off-street parking spaces through a shared parking and access agreement.
The first five levels of the Hampton Inn building will be a parking garage. Guests of both hotels
will access the parking garage from South Gulfview Boulevard through a shared driveway to the
garage entrance. The ground level will have eight designated check-in parking spaces. A ground
floor elevator lobby in the parking garage will take Hampton Inn guests to the main lobby.
Quality Inn guests will exit the parking garage and walk under a new covered pedestrian
walkway across the shared driveway to its main lobby. The applicant's representatives have
stated that the developer plans to obtain temporary parking locations and a valet service for
Quality Inn guests during the construction of the Hampton Inn.
The applicant wi11 remove the existing canopy to add a new canopy that will cover the walkway
between the Hampton Inn property and Quality Inn property. Other proposed changes to the
hotel include adding architectural elements such as architectural trim banding and bahama
shutters to the farades. They will also paint the exterior of the building using colors that support
the coastal vernacular theme as set forth in the Beach by Design Guidelines. The primary color
of the building will be a light beige (ambitious amber) with a white (modern white) accent color.
The new canopy roof will be standing seam metal material teal green in color. The blue roof
color of the IHOP restaurant will remain the same.
Densitv: Pursuant to the Countywide Future Land Use Plan and CDC Section 2-801.1, the
maximum density for properties with a designation of Resort Facilities High is 50 overnight
accommodation units per acre. Based on the proposed minor lot adjustment the Quality Inn
property will have 27,446 square feet of land area (0.63 acres) zoned Tourist District; a
maximum of 31 overnight accommodation units are permissible under current regulations. The
applicants are requesting 60 hotel rooms from the Hotel Density Reserve, adopted as an
amendment to Beach by Design under Ordinance 7925-08. The overall density for this project is
144.44 overnight accommodation units/rooms per acre, which is below the maximum of 150
units per acre established in Beach by Design for projects that have acquired units from the Hotel
Density Reserve.
Community Development Board — January 15, 2013 �f@CTl �$ 4
FLD2012-11023 — Page 2
Attachment number 3 \nPage 4
Level II Flexible Develo ment A licatian Review PL.�n�nGa DEV�LOPn-¢nT
� pp DEVPLOPMENTREVIEWDIVISION
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Im�ervious Surface Ratio (ISR� Pursuant to CDC Section 2-801.1, the maximum allowable
LS.R. is 0.95. The proposed LS.R. is 0.93, which is consistent with the Code provisions.
Minimum Lot Area and Width: Pursuant to CDC Table 2-803, there are no minimum lot area
and lot width for Comprehensive Redevelopment Infill Projects; however, for comparison
purposes the minimum lot area for overnight accommodations can range between 10,000 —
20,000 square feet. The proposed Quality Inn property will consist of 27,446 square feet of lot
area. Pursuant to the same Table, the minimum lot width for overnight accommodations can
range between 100 — 150 feet. The proposed minor lot adjustment will create a parcel with a lot
width of 83.97 feet along South Gulfview Boulevard.
Staff supports the proposed lot width. The minor lot adjustment will allow for the Hampton Inn
& Suites property to be built. The redevelopment project will result in a total of 252 off-street
parking spaces available for two mid-priced hotels on Clearwater Beach that comply with the
standard development requirements for the number of parking spaces (1.2 spaces per unit) for
each hotel. The main structures of the hotels will be separated by a distance of 28 feet.
Minimum Setbacks: Pursuant to CDC Table 2-803, there are no minimum front, side, and rear
setbacks for Comprehensive Redevelopment Infill Projects; however, for comparison purposes
the minimum front setback for overnight accommodations can range between 0— 15 feet, the
minimum side setback can range between 0— 10 feet, and the minimum rear setback can range
between 0- 20 feet. The development proposal includes front (north) setbacks of zero feet (to
existing brick pavers), 0.8 feet (to existing covered wood deck), 8.1 feet (to proposed pavement),
and 19.7 feet (to existing building); side (east) setbacks of zero feet (to existing wood frame
structure), 6.5 feet (to pool deck), and 10 feet (to existing building); side (west) setbacks of zero
feet (to proposed canopy), four feet (to existing pavement), and 5.6 feet (to existing structure);
rear (south) setbacks of zero feet (to existing brick paver pool deck), 14 feet (to cover wood
structure), and 26.6 feet (to existing building).
The requested setbacks will facilitate a new parking garage as a part of the redevelopment on the
adjacent parcel which will improve the existing parking conditions for the hotel. The existing
Quality Inn hotel will share a total of 252 off-street parking spaces with the new hotel on Parcel
B. The overall project will result in a total of 207 mid-priced hotel rooms on the beach with on-
site parking that is in compliance with Code provisions. For this reason, Staff supports the
requested reductions to setbacks.
Maximum Buildin� Hei _� Pursuant to CDC Table 2-803, there is no minimum height
requirement for Comprehensive Redevelopment Infill Project; however, for comparison
purposes, Beach by Design restricts the height of overnight accommodations prescribed by its
respective zoning district which in the T District allows a height for overnight accommodation to
range between 35 — 100 feet. There are no proposed changes to the height of the hotel through
this application. The existing building is 49.5 feet in height from Base Flood Elevation (BFE) to
the top of roof, which is below the Code maximum.
Community Development Board — January 15, 2013 �f@CTl �$ 4
FLD2012-11023 — Page 3
Attachment number 3 \nPage 5
Level II Flexible Develo ment A licatian Review PL.�n�nGa DEV�LOPn-¢nT
P pp DEVELOPMENTREVIEWDIVISION
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Minimum Off-Street Parkin�: Pursuant to CDC Table 2-803, the minimum required parking for
overnight accommodations is 1.2 parking spaces per unit, or a minimum of 109 parking spaces
for the Quality Inn hotel with 91 hotel rooms.
The minor lot adjustment and proposed redevelopment project will result in only five surface
parking spaces on the subject property. However, the minor lot adjustment will create an
adjoining parcel allowing for the development of a fifteen story Hampton Inn & Suites. The first
five levels of the Hampton Inn & Suites will consist of a 245 space parking garage with an
additional two surface parking spaces while the Quality Inn site wi11 have five surface parking
spaces for a total number of 252 off-street parking spaces for both properties. The hotels will
share these spaces through a shared parking and access agreement.
Located within the hotel is a 3,534 restaurant (IHOP) which includes an outdoor seating area that
is for the use of hotel guests as well as tourists and beach goers. The square footage of the
restaurant is less than 15 percent of the overall gross floor area of the hotel; therefore, as set forth
in CDC Section 2-803.L 1 l, no additional parking spaces are necessary. The number of parking
spaces required by the requested number of hotel rooms for the overall project is 248 parking
spaces at 1.2 parking spaces per room. The number of parking spaces provided for both hotels
exceeds the minimum number of spaces required by Code. The project will result in a total of
207 mid-priced hotel rooms on the beach with on-site parking that is in compliance with Code
provisions. Prior to the issuance of a certificate of Occupancy, the owners shall submit evidence
of a recorded shared parking, pedestrian, and access agreement between the Hampton Inn &
Suites and Quality Inn properties.
Mechanical Ec�uipment: Pursuant to CDC Section 3-201.D.1, all outside mechanical equipment
must be screened so as not to be visible from public streets and/or abutting properties. No new
mechanical equipment is shown on the plans; however, if additional equipment is added later, it
will be reviewed at the time of submission for a building permit. The existing location and
screening of inechanical equipment complies with this Code provision.
Si�ht Visibilitv Trian�les: Pursuant to CDC Section 3-904.A, to minimize hazards at the
driveways on, and the street intersection of South Gulfview Boulevard, no structures or
landscaping may be installed which will obstruct views at a level between 30 inches above grade
and eight feet above grade within 20-foot sight visibility triangles. Some existing landscaping
has been within the sight visibility triangle. These encroachments have been reviewed by the
City's Traffic Engineering Department and been found to be acceptable, given the circumstances
of this site. Shrubbery planted within the sight visibility triangles will need to be maintained to
meet the Code requirements which specifies that landscaping will not obstruct views between 30
inches above grade and eight feet above grade.
Utilities: Pursuant to CDC Section 3-911, for development that does not involve a subdivision,
all utilities including individual distribution lines must be installed underground unless such
undergrounding is not practicable. Any changes to the electric and communication lines for this
hotel wi11 be installed underground on-site in compliance with this requirement. The proposal
complies with this Code provision.
Community Development Board — January 15, 2013 �f@CTl �$ 4
FLD2012-11023 — Page 4
Attachment number 3 \nPage 6
Level II Flexible Develo ment A licatian Review PL�n�nGa DEV�LOPn-¢nT
P pp ��vELOr�ivrxFVt�w�tvtstoN
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Landsca�in�: Pursuant to CDC Section 3-1202.D, there are no perimeter buffers required in the
Tourist District for this overall site; however, pursuant to CDC Section 3-1202.E.2, foundation
plantings sha11 be provided for 100 percent of a building facade with frontage along a street
right-of-way, excluding space necessary for building ingress and egress, within a minimum five-
foot wide landscaped area.
The applicant requested a reduction to the foundation planting through a Comprehensive
Landscape program. The existing landscape foundation strip varies in width from five foot wide
to zero feet (0.8 inches) wide. The existing plantings are mature and consist of queen palm trees,
royal palm trees, and white fountain grasses. Staff believes the existing foundation plantings are
acceptable; however, the applicant shall restore and/or replace any unhealthy or dead
landscaping found within landscape strip with Florida Grade #1 plant material.
Solid Waste: The Quality Inn will utilize the trash room located on the first level of the
Hampton Inn & Suites parking garage. The trash room will be equipped with a garage door that
will allow Solid Waste access from South Gulfview Boulevard. The proposal has been found to
be acceptable by the City's Solid Waste Department.
Si�na�e: There is no sign request a part of this application; however, any future signage must
meet the requirements of Code and be architecturally integrated with the design of the building
with regard to proportion, color, material and finish and must be submitted to and approved by
Staff.
Additional Beach bv Design Guidelines:
Beach by Design anticipates that properties located in the Clearwater Pass District will renovate
and revitalize in response to improving conditions on Clearwater Beach. This renovation of the
existing hotel and reconfiguration of the site is such a proposal. The proposed changes to the
subject property will remain consistent with surrounding development in this character district.
Section L.l requires finish materials and building colors to reflect Florida or coastal vernacular
themes. The applicants propose to repaint the farade of the entire hotel to blend and be
compatible with the proposed Hampton Inn & Suites hotel. The colors of the building support the
coastal vernacular theme as set forth in the Beach by Design Guidelines. The primary color of
the building will be a light beige (Ambitious Amber) with a white (Modern White) accent color.
The various hotel roofs and canopy roof will be standing seam metal material teal green in color.
The blue roof color of the IHOP restaurant will remain the same.
Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated
with the subject property.
Community Development Board — January 15, 2013 �f@CTl �$ 4
FLD2012-11023 — Page 5
Level II Flexible Development Applicatian Revi�w
Attachment number 3 \nPage 7
PL.�1vING & DEVELOPri4ENT
DEVPLOPMHNT REVIEW DIVISION
COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the
consistency of the development proposal with the standards as per CDC Section 2-801.1 and
Table 2-803 and beach by Design:
Standard Proposed Consistent Inconsistent
Density 50 units/rooms per acre 91 units/rooms (144.44 units room X
(max. of 40 per acre: requesting 60 rooms
units/rooms) through Beach by Design Hotel
Density Reserve)
Impervious Surface Ratio 0.95 0.93 X
Minimum Lot Area N/A 26,447 sq. ft. X
Minimum Lot Width N/A 83.97 feet (along S. Gulfview) X
Minimum Setbacks Front : N/A North: zero feet (to pavers) X
0.8 feet (deck)
8.1 feet (to structure)
19.7 feet (to building)
Side: N/A West zero feet (to wood X
structure)
6.5 feet (to structure)
8 feet (to building)
East Zero feet (to pavement X
and planters)
13.4 feet (to building)
Rear: N/A South: Zero feet (to pavement X
planters)
29 feet (to pool deck)
14.6 feet (to pool)
20.6 feet (to building)
Maximum Height 150 feet from BFE 49.5 feet (from BFE) X
through Beach by
Design
Minimum
Off-Street Parking N/A 5 parking spaces Xi
1- See discussion under Minimum Off-Street Parking section.
Community Development Board — January 15, 2013 �f@CTl �$ 4
FLD2012-11023 — Page 6
Level II Flexible Develapment Applicatian Revi�w
Attachment number 3 \nPage 8
PL.�1vING & DEVELOPri4ENT
DEVPLOPMENT REVIEW DIVISION
COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the
consistency of the development proposal with the Flexibility criteria as per CDC Section 2-803.0
(Comprehensive Infill Redevelopment Project):
l. The development or redevelopment is otherwise impractical without deviations from
the use and/or development standards set forth in this zoning district.
2. The development or redevelopment will be consistent with the goals and policies of
the Comprehensive Plan, as well as with the general purpose, intent and basic
planning objectives of this Code, and with the intent and purpose of this zoning
district.
3. The development or redevelopment will not impede the normal and orderly
development and improvement of surrounding properties.
4. Adjoining properties will not suffer substantial detriment as a result of the proposed
development.
5. The proposed use shall otherwise be permitted by the underlying future land use
category, be compatible with adjacent land uses, will not substantially alter the
essential use characteristics of the neighborhood; and shall demonstrate compliance
with one or more of the following objectives:
a. The proposed use is permitted in this zoning district as a minimum standard,
flexible standard ar flexible development use;
b. The proposed use would be a significant economic contributor to the City's
economic base by diversifying the local economy or by creating jobs;
c. The development proposal accommodates the expansion or redevelopment of
an existing economic contributor;
d. The proposed use provides far the provision of affordable housing;
e. The proposed use provides for development or redevelopment in an area that is
characterized by other similar development and where a land use plan
amendment and rezoning would result in a spot land use or zoning designation;
or
f. The proposed use provides for the development of a new and/or preservation of
a working waterfront use.
6. Flexibility with regard to use, lot width, required setbacks, height and off-street
parking are justified based on demonstrated compliance with all of the following
design objectives:
a. The proposed development will not impede the normal and orderly
development and improvement of the surrounding properties for uses permitted
in this zoning district
b. The proposed development complies with applicable design guidelines adopted
by the Ciry;
c. The design, scale and intensity of the proposed development supparts the
established or emerging character of an area;
d. In order to form a cohesive, visually interesting and attractive appearance, the
proposed development incorporates a substantial number of the following
design elements:
❑ Changes in horizontal building planes;
❑ Use of architectural details such as columns, cornices, stringcourses,
pilasters, porticos, balconies, railings, awnings, etc.;
❑ Variety in materials, colors and textures;
❑ Distinctive fenestration patterns;
❑ Building step backs; and
❑ Distinctive roofs forms.
e. The proposed development provides for appropriate buffers, enhanced
landscane desi�n and annronriate distances between buildin�s.
Consistent Inconsistent
X
X
X
X
X
C�
Community Development Board — January 15, 2013 �f@CTl �$ 4
FLD2012-11023 — Page 7
Level II Flexible Develapment Applicatian Review
Attachment number 3 \nPage 9
PL.�1vING & DEVELOPri4ENT
DEVPLOPMENT REVIPW DIVISION
COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The
following table depicts the consistency of the overnight accommodation use with the General
Standards for Level Two Approvals as per CDC Section 3-914:
l. The proposed development of the land will be in harmony with the scale, bulk,
coverage, density and character of adjacent properties in which it is located.
2.
3.
4.
5.
6.
The proposed development will not hinder or discourage development and use of
adjacent land and buildings or significantly impair the value thereof.
The proposed development will not adversely affect the health or safety of persons
residing or working in the neighborhood.
The proposed development is designed to minimize traffic congestion.
The proposed development is consistent with the community character of the
immediate vicinity.
The design of the proposed development minimizes adverse effects, including
visual, acoustic and olfactorv and hours of oroeration imroacts on adiacent rororoerties.
Consistent Inconsistent
X
X
X
X
X
X
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of December 6, 2012, and deemed the development proposal to be sufficient to
move forward to the Community Development Board (CDB), based upon the following findings
of fact and conclusions of law:
Findin�s of Fact
The Planning Department, having reviewed all evidence submitted by the applicant and
requirements of the Community Development Code, finds that there is substantial competent
evidence to support the following findings of fact:
1. The 1.438 acre subject property is located on the south side of South Gulfview Boulevard
approximately 894 feet west of Gulf Boulevard;
2. The subject property is currently developed with a 91-room hotel (Quality Inn) and its
associated parking lot;
3. That the subject property is located in the Tourist (T) District and the Resort High Facilities
(RFH) future land use plan category;
4. That the subject properry is located in the Clearwater Pass District of Beach by Design and is
subject to all applicable requirements set forth therein;
5. The owners of the property propose to complete a minor lot adjustment separating the
Quality Inn hotel building from its parking lot to create two lots of record to a11ow for the
development of a Hampton Inn & Suites hotel;
6. The proposed Quality Inn parcel will have a lot width of 83.97 feet along South Gulfview
Boulevard and a lot area of 26,447 square feet;
7. The proposal is to bring the density of the existing hotel to conform with current Code
provisions through the Hotel Density Reserve;
8. The applicant proposes a mid-priced 91-unit overnight accommodation use at a density of
144.44 units/acre, which includes the allocation of 60 units from the Hotel Density Reserve
under Beach by Design;
Community Development Board — January 15, 2013 �f@CTl �$ 4
FLD2012-11023 — Page 8
Attachment number 3 \nPage 1i
Level II Flexible Develo ment A lication Review PL�n�nGa DEV�LOPn-¢nT
P pp DEVELOPMENTREVIEWDIVISION
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9. A companion Development Agreement (DVA2012-11001) that must be approved by City
Council is also on this CDB agenda is, providing for the allocation of the 60 units from the
Hotel Density Reserve;
10. The existing height of hotel is 49.5 feet from the Base Flood Elevation (BFE);
11. That the subject property will have five off-street parking spaces;
12. That the subject property will share a total of 252 off-street parking spaces and driveway
access with the proposed Hampton Inn & Suites property;
13. That the request includes reductions to the front (north) setbacks of zero feet (to existing
brick pavers), 0.8 feet (to existing covered wood deck), 8.1 feet (to proposed structure), and
19.7 feet (to existing building); side (east) setbacks of zero feet (to existing wood frame
structure), 6.5 feet (to structure), and 10 feet (to existing building); side (west) setbacks of
zero feet (to proposed canopy), four feet (to existing pavement), and 5.6 feet (to existing
structure); rear (south) setbacks of zero feet (to existing brick paver pool deck), 14 feet (to
cover wood structure), and 26.6 feet (to existing building)
14. That the maximum allowable LS.R. is 0.95. The proposed LS.R. is 0.93;
15. That the request includes a reduction to the required foundation landscaping width along
South Gulfview Boulevard from five feet to zero feet (0.8 inches);
16. There is no outstanding Code Enforcement issues associated with the subject property.
Conclusions of Law
The Planning and Development Department, having made the above findings of fact, reaches the
following conclusions of law:
1. That the development proposal is consistent with the Standards as per Community
Development Code Tables 2-801.1 and 2-803;
2. That the development proposal is consistent with the Flexibility criteria as per Community
Development Code Section 2-803.C;
3. That the development proposal is consistent with the General Standards for Level Two
Approvals as per Community Development Code Section 3-914.A;
4. That the development proposal is consistent with the Comprehensive Landscape Program as
per Community Development Code Section 3-1202.G;
5. That the development proposal is consistent with the Clearwater Pass character district of
Beach by Design; and
6. That the development proposal is consistent with the Design Guidelines of Beach by Design.
Based upon the above, the Planning and Development Department recommends APPROVAL of
the Flexible Development approval to permit (1) a 91-room overnight accommodation use in the
Tourist (T) District with a lot area of 27,446 square feet (0.63 acres), a lot width of 83.97 feet
along South Gulfview Boulevard, front (north) setbacks of zero feet (to existing brick pavers),
0.8 feet (to existing covered wood deck), 8.1 feet (to proposed structure), and 19.7 feet (to
existing building); side (east) setbacks of zero feet (to existing wood frame structure), 6.5 feet (to
structure), and 10 feet (to existing building); side (west) setbacks of zero feet (to proposed
canopy), four feet (to existing pavement), and 5.6 feet (to existing structure); rear (south)
setbacks of zero feet (to existing brick paver pool deck), 14 feet (to cover wood structure), and
26.6 feet (to existing building); a building height of 49.5 feet (from base Flood Elevation to top
of roo�; and five off-street parking spaces as a Comprehensive Infill Redevelopment Project,
under the provisions of Community Development Code Section 2-803.D; and (2) Increase in the
Community Development Board - January 15, 2013 �f@CTl �$ 4
FLD2012-11023 - Page 9
Attachment number 3 \nPage 1
Level II Flexible Develo ment A licatian Review PL�n�nGa DEV�LOPn-¢nT
� pp DPVELOPMENT REVIPW DIVISION
permitted density by the allocation of 60 overnight accommodation units from the Hotel Density
Reserve created pursuant to Beach by Design as well as a reduction to the required foundation
landscaping width along South Gulfview Boulevard from five feet to zero feet as part of a
Comprehensive Landscape Program, under the provisions of the Community Development Code
Section 3-1202.G., subject to the following conditions of approval:
Conditions of A�roval:
1. That approval of this Flexible Development application is subject to the approval of a
Development Agreement with the City (Case DVA2012-11001);
2. That prior to the issuance of any permit, a minor lot adjustment shall be recorded and
submitted consistent with the site plans approved by the Community Development Board;
3. That a demolition permit be obtained for the removal of any structures part of the Quality Inn
redevelopment proposal;
4. That no permits be issued for the Quality Inn property until appropriate cross access and
shared parking agreements serving the Hampton Inn & Suites property and the Quality Inn
property (FLD2012-11024/DVA2012-11002) are recorded in the public records;
5. That prior to the issuance of a Certificate of Occupancy, cross easements for drainage, fire
systems, maintenance etc. be recorded in the public records;
6. That the final design and color of the building be consistent with the elevations approved by
the CDB;
7. That any future freestanding signage must be monument-style meeting Code requirements
and be designed to match exterior materials and color of the building. Any proposed signage
for the hotel shall be reviewed and approved by Staff through a separate sign permit;
8. That the books and records pertaining to use of each hotel room be open for inspection by
authorized representatives of the City, upon reasonable notice, in order to confirm
compliance with the Hotel Density Reserve criteria of Beach by Design as allowed by
general law;
9. That prior to the issuance of a Certificate of Occupancy, a hurricane evacuation plan for the
Quality Inn hotel be submitted and approved by the City for all Guests;
10. That prior to the issuance of any building permits, the location and visibility of electric
equipment (electric panels, boxes and meters) be reviewed and, if located exterior to the
building where visible from any street frontage, be painted the same color as the portion of
the building to which such features are attached;
11. That prior to the issuance of any building permits, all requirements of General Engineering,
Stormwater Engineering, Traffic Engineering, and the Fire Department be addressed;
12. That prior to the issuance of any building permits, the Fire Department may require the
provision of a Water Study performed by a Fire Protection Engineer in order to ensure that an
adequate water supply is available and to determine if any upgrades are required by the
developer due to the impact of the project. The water supply must be able to support the
needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required,
then the water supply must be able to supply 150% of its rated capacity;
13. That prior to the issuance of any Certificate of Occupancy, all utilities, including any
individual distribution lines serving this development within the right-of-way along the east
side of South Gulfview Boulevard must be installed underground.
Community Development Board — January 15, 2013 �f@CTl �$ 4
FLD2012-11023 — Page 10
Attachment number 3 \nPage 1;
Level II Flexible Develo ment A licatian Review PL.�n�nGa DEV�LOPn-¢nT
P pp DEVPLOPMENTREVIPWDIVISION
��'fi�a'��'�"�`>���.n�`��`Yt3§}�rU".`�r�fc�,:rr,.�r 'r`i?�....,.k<<<. ..,....... . _ . . . . .
Prepared by Planning and Development Department Staff:
Kevin W. Nurnberger, Planner III
ATTACHMENTS: Photographs of Site and Vicinity
Community Development Board — January 15, 2013 �f@CTl �$ 4
FLD2012-11023 — Page 11
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Item # 4
Attachment number 6 \nPage 1
Exhibit "C"
COVENANT REGARDING HURRICANE EVACUATION
And DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS
("Declaration") is made as of the day of , 2012, by Clearwater Grande
Holdings LLC ("Developer").
Developer is the owner of fee simple title to the real property described in
Schedule 1 attached hereto and made a part hereof (hereinafter, the (" Real Property").
The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to
designate Clearwater Beach as a Community Redevelopment District pursuant to the
Pinellas County Planning Council Rules in order to implement the provisions of "Beach
by Design," a plan for the revitalization of Clearwater Beach. The designation of
Clearwater Beach as a Community Redevelopment District (the "Designation") provides
for the allocation of Hotel Density Reserve Units as an incentive for the development of
mid-sized quality hotels. Pursuant to the Designation, the allocation of Hotel Density
Reserve Units is subject to compliance with a series of performance standards, including
a requirement that resorts containing a hotel developed with Hotel Density Reserve Units
shall be closed and all Guests evacuated from such resorts as soon as practicable after the
National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The
purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance
of the period of time when a hurricane evacuation would be expected in advance of the
approach of hurricane force winds.
The City has granted, by City Council Resolution , passed and approved on
, 2012, Developer's application for Hotel Density Reserve Units pursuant to
the Designation, subject to Developer's compliance with the requirements of the
Designation. Developer desires for itself, and its successors and assigns, as owner, to
establish certain rights, duties, obligations and responsibilities with respect to the use and
operation of the Real Property in accordance with the terms and conditions of the
allocation of the Hotel Density Reserve Units to the City and the Designation, which
rights, duties, obligations and responsibilities shall be binding on any and all successors
and assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions here in set forth
and to be observed and performed, and in further consideration of the allocation of Hotel
Density Reserve Units to Developer, and other good and valuable consideration, the
sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and
agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made
for the benefit of Developer and its successors and assigns and shall be enforceable by
I[�'ii�:�!
Attachment number 6 \nPage 2
them and also for the benefit of the residents of the City and shall be enforceable on
behalf of said residents by the City Council of the City.
2. Covenant of Development, Use and Operation. Developer hereby
covenants and agrees to the development, use and operation of the Real Property in
accordance with the provisions of this Declaration.
2. 1 Use. The use of the resort on the Real Property is restricted as
follows:
2.1.1 A minimum of Sixty-Three units, which is the number of
hotel units allocated to Developer, shall be used solely for transient
occupancy of one month or thirty (30) consecutive days or less,
must be licensed as a public lodging establishment and classified
as a hotel, and must be operated by a single licensed operator of
the hoteL No such hotel unit shall be used as a primary or
permanent residence.
2.1.2 All other 31 units shall be licensed as a public lodging
establishment. No unit shall be used as a primary or permanent
residence.
2.1.3 As used herein, the terms "transient occupancy," "public
lodging establishment," " hotel," and "operator" shall have the
meaning given to such terms in Chapter 509, Part I, Florida
Statutes (2004).
2.2 Closure of Improvements and Evacuation. The Hotel developed on the
Real Property shall be closed as soon as practicable upon the issuance of a hurricane
watch by the National Hurricane Center, which hurricane watch includes Clearwater
Beach, and all Hotel guests, visitors and employees other than emergency and security
personnel required to protect the resort, shall be evacuated from the Hotel as soon as
practicable following the issuance of said hurricane watch. In the event that the National
Hurricane Center shall modify the, terminology employed to warn of the approach of
hurricane force winds, the closure and evacuation provisions of this Declaration shall be
governed by the level of warning employed by the National Hurricane Center which
precedes the issuance of a forecast of probable landfall in order to ensure that the guests,
visitors, and employees will be evacuated in advance of the issuance of a forecast of
probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance of
all building permits required to build the project ("Project"). This Declaration shall expire
and terminate automatically if and when the allocation of Reserve Units to the Developer
expires or is terminated.
I[�'ii�:�!
Attachment number 6 \nPage 3
4 Governing Law. This Declaration shall be construed in accordance with
and governed by the laws of the State of Florida.
5 Recordin�. This Declaration shall be recorded in the chain of title of the
Real Property with the Clerk of the Courts of Pinellas County, Florida.
6 Attornevs' Fees. Developer shall reimburse the City for any expenses,
including reasonable attorneys' fees, which are incurred by the City in the event that the
City determines that it is necessary and appropriate to seek judicial enforcement of this
Declaration and the City obtains relief, whether by agreement of the parties or through
order of a court of competent jurisdiction.
7 Severabilitv. If any provision, or part thereof, of this Declaration or
the application of this Declaration to any person or circumstance will be or is declared to
any extent to be invalid or unenforceable, the remainder of this Declaration, or the
application of such provision or portion thereof to any person or circumstance, shall not
be affected thereby, and each and every other provision of this Declaration shall be valid
and enforceable to the fullest extent permitted by law.
[Remainder of this page is blank—signature page follows]
I[�'ii�:�!
JAN. 25, 2013 CITY COUNCIL '�'� ,���; �, ��-��
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635 Gulfview Btvd �J� Clearwater Beach, FL
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BOB �YONS - COASTAL CONSTRUCTION o 0 655 Gulfview Blvd.
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Attachment number 9 \nPage 1
Looking southeast at Quality Inn from S, Gulfview.
Looking west at subjectproperty along S. Gulfview.
Looking east from rear of subject property.
Looking east at the west faqade of Quality Inn..
Looking west along South Gulfview from subject
properry..
Looking east along S. Gulfview from subject property
655 South Gulfview Boulevard
DVA2012-11001
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' � Civil
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Due DiligE��nce Reparts
Re-Zaning> Land Usc, A�nexation
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QUALITY INN HOTEL - EXISTING l.Itility Design
Traffic
655 - GuLFV1Ew BouLEV�tn, CLEARWATER BEACH Canstruction Arlministration
NARRATIVE
Description of Request
The Applicant, Clearwater Grande Development, LLC. proposes a transfer of land from
the existing Quality Inn site to a new proposed neighboring hotel while retaining the
existing Quality Inn 91 units through receipt of 60 units from the Beach by Design
Hotel Density Reserve. The subject property is proposed at an aggregate of 0.63 acres
and is currently bounded by Clearwater Pass to the south, Gulfview Boulevard to the
north, Econo Lodge hotel to the west and by the existing Continental Towers
Condominium to the east.
The site area of the Quality Inn currently utilized as a surface parking lot is area of the
proposed new hotel with a structured parking garage below; the proposal contemplates a
shared parking garage designed to serve both the existing Quality Inn and the new
proposed Hampton Inn.
Specifically, the Applicant requests flexible development approval to permit 91 overnight
accommodation units in the Tourist District, which includes an increase in density of 60
overnight accommodation units from the Beach by Design Hotel Density Reserve, with
a. a Lot Area of 0.63 acres (27,446 square feet);
b. a Lot Width of 83.97 feet on Gulfview Boulevard;
c. a maximum Building Height (above BFE) 49.5'
d. a front (North) setback along Gulfview Boulevard of 19.7' to the
building, 0.8' to the covered wood deck and 8.1' to parking lot
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pavement;
a side (West) interior setback of 6' to the building, 5.6' to the covered
wood deck, 0' to pavement and entrance canopy;
a side (East) interior setback of 10' to the building, 0' to the wood
deck and 6.5' to the pool pavers;
a rear (South) waterfront setback of 26.6' to the building, 0' to the
pool pavers, 14' to the covered patio; 0' to the stage and 15.8' to the
pool;
h. Providing 252 Parking Spaces through a shared garage; and
i. a Twenty (20) Year Development Agreement
as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-
803.0 of the Development Code with a reduction to the landscape requirements through a
Comprehensive Landscape Application to allow a reduction to the foundation planting
from 5' to 0.80'. Additionally, the Applicant request approval of a Development
Agreement which sets forth terms of use associated with the 60 rooms from the Beach
by Design Hotel Density Reserve.
340 South Belcher Road
Clearwate�: Florida 33765
tech�northsideengineeringservices.corr�
727 443 2$69 Fax 727 446 8036
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Discussion
The site is located within an area designated by Beach by Design as the "Clearwater
Pass District " Beach by Design identifies this as a distinctive area, offering a diversity
of uses including high rise condominiums, resort hotels, hotels, motels, retail and
restaurant uses. Beach by Design contemplates that the "Clearwater Pass District" will
be an area of strategic revitalization and renovation in the response to improving
conditions on the balance of Clearwater Beach.
Beach by Design identifies a disparity between hotels and condominiums, and strongly
encourages mid-priced hotel development. Beach by Design indicates Clearwater Beach
can support an addition 1,385 hotel rooms and further provides increased densities
through the Hotel Density Reserve to aide in achieving the additional mid-priced hotel
units on Clearwater Beach.
NOTE: Application(s), Site Plan and Narrative simultaneously submitted in
association with the proposed Hampton Inn located at 635 - Gulfview Blvd. The parcels
associated with both the Quality Inn and the proposed Hampton Inn are under the same
ownership control.
Pronosed Use
The existing Quality Inn with 91 (existing) and 91 (proposed) overnight accommodation
units will continue to offer reasonable room rates, appropriate for mid-priced family
vacations as it has since 1994. Twenty-seven percent (27%) the guests of the Quality Inn
are return visitors. This proposal allows the Quality Inn to continue to operate as it has
for many years with a new parking garage to service the guests.
The site area of the Quality Inn currently utilized as a surface parking lot provides the
area for the new proposed hotel with a structured parking garage below; the proposal
contemplates a shared parking garage designed to serve both the existing Quality Inn and
the new proposed Hampton Inn.
General Applicability Criteria
1. The proposed development of the land will be in harmony with the scale,
bulk, coverage, density and character of adjacent properties in which it is
located.
The Quality Inn Hotel has been in existence for many years and is similar in bulk,
scale and coverage as the adjacent properties. The existing contemporary
structure is in keeping with the character of the adjacent properties and will
continue to be an anchor for this area of the Beach. The proposed assignment of
units from the density reserve will, in the end, result in additional mid-priced
hotel units for Clearwater Beach.
2
2. The proposed development will not hinder or discourage the appropriate
development and use of adjacent land and buildings or significantly impair
the value thereof.
The proposal will not discourage appropriate development and use of the adjacent
land and buildings, the area is already developed and the value of adjacent and
surrounding properties will not be compromised.
The development proposal will continue to enhance this area of the Beach in a
number of ways, including:
1. A nationally-recognized hotel chain which attracts guests who will become
patrons of Beach restaurants, shops and tourist attractions, offering support to
many local businesses.
2. The property value will significantly increase.
3. The existing architecture and proposed upgraded landscape design will
continue to enhance the area.
4. Mid-priced hotel accommodations on Clearwater Beach with adequate
parking meet a current need of the City.
5. The existing hotel will continue to contribute to the City's economic and job
base.
3. The proposed development will not adversely affect the health or safety of
persons residing or working in the neighborhood of the proposed use.
The existing hotel development complies with applicable codes including the
Florida Building Code, the Life Safety Code and the Florida Fire Prevention Code
in association with existing structures.
Through this development plan a single shared access point is proposed; the
access point is existing and will serve both the existing Quality Inn and the
proposed Hampton Inn and Suites. Improvements to safety of pedestrians,
bicyclist and motorist is achieved through the deletion of the existing most
western access point; this access point will be limited to the Sanitation
Department vehicles for trash staging and pick up.
The proposed parking structure is designed to accommodate hotel guests of both
the existing Quality Inn and the proposed Hampton Inn and Suites including
access to the garage that is internal to the site. The project crosswalks provide
decorative pavers as per Beach by Design requirements and the proposed stop
signs include "Caution Pedestrian Crossing" language to further insure safety.
4. The proposed development is designed to minimize traffic congestion.
3
The proposed garage located below the proposed neighboring Hampton Inn
provides parking which is primarily internal to the building, is appropriately
screened and is architecturally integrated into the design of the building. Valet
service is provided in addition to several surface "guest spaces" intended to allow
short term (30 min) parking and designated "Check-In" spaces within the garage
providing further mitigation of traffic related issues.
Adequate access, signage and parking are provided within the design to insure
smooth traffic flow at the entrance of the sites along Gulfview Boulevard. Traffic
will not be negatively impacted by the proposal; it is anticipated that nearby
intersections and adjacent roadways will continue to operate at acceptable levels
of service after the proposed Hampton Inn with parking structure is completed.
Please see formal Traffic Impact Study for additional information.
5. The proposed development is consistent with the community character of the
immediate vicinity of the parcel proposed for development.
The area provides high rise condominium, hotel and resort developments in
addition to some mid-rise and low-rise developments, all are of varying character,
heights and uses. The existing hotel is consistent with the surrounding and nearby
uses and the character of the community; the proposed division of land will result
in an appropriately scaled developments for the Clearwater Pass District of
Clearwater Beach similar to Sheppard's and will provide mid-price hotel units as
desired by Beach by Design. The proposal utilizes the incentives intended to
encourage mid-priced hotel development and to allow the economic feasibility of
mid-priced hotels on Clearwater Beach through increased density and height.
6. The design of the proposed development minimizes adverse effects, including
visual, acoustic and olfactory and hours of operation impacts, on adjacent
properties.
The existing hotel development will continue to operate as in the past with the
exception of the guest parking being provided within the adjacent parking
structure. Improvements to the existing landscape design are proposed in addition
to a reduction to vehicular access points from the Gulfview Blvd. The
development plan includes shared facilities for sanitation staging and pick-up,
parking and access.
The proposed shared trash collection area located within the proposed
neighboring Hampton Inn is screened and climate controlled and will not
negatively impact the passerby whether on a visual or olfactory basis. Adequate
parking with parking control is provided and will minimize congestion.
4
COMPREHENSIVE INFILL REDEVELOPMENT - PROJECT CRITERIA
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from the intensity and
development standards.
The proposed deviations from Code are necessary and the minimum required to
maintain the existing Quality Inn and to accomplish the division of land to
accommodate the new proposed neighboring mid-priced hotel utilizing the Hotel
Density Reserve. Certain deviations are necessary to accommodate the
restoration of mid-priced hotel rooms as desired and envisioned by Clearwater
Ordinance No. 925-08 and to meet the Beach by Design guidelines.
Setbacks
Beach by Design encourages minimal setbacks to support a more pedestrian
environment; the existing design offers reduced building setbacks along the street
frontage with the remaining areas in-filled with mature tropical plantings adjacent
to the right-of-way. The east side setbacks were established at the time of the
original construction of the hotel and are similar to many other sites in the
vicinity, and constructed in the same era. The proposed reduced setback between
the two hotel sites is appropriate as the sites will share the parking garage
structure, driveway and walkways within the internal east side yard. The proposal
will further enhance and promote a pedestrian-friendly environment as desired by
Beach by Design.
2. The development or redevelopment will be consistent with the goals and
policies of the Comprehensive Plan, as well as with the general purpose,
intent and basic planning objectives of this code, and with the intent and
purpose of this zoning district.
The proposal will provide allow the continuance of a highly desired use which
contributes to the city economy; overnight accommodation uses are allowed in the
"Resort Facilities High" land use category and are consistent with the goals of the
Comprehensive plan and Beach by Design.
Applicable Comprehensive Plan Goals/Policies/Objectives include but are not
limited to:
A.6.6 Objective - Tourism is a substantial element of the City's economic base
and as such the City shall continue to support the maintenance and enhancement
of this important economic sector.
A.6.7 Objective - Redevelopment activities shall be sensitive to the city's
waterfront and promote appropriate public access to the city's waterfront
resources.
5
The availability of affordable overnight accommodations is integral to the success
of tourism, both locally to Clearwater Beach and the Community as a whole.
The proposal to retain the existing waterfront hotel and allow the distribution of
land needed to develop the new proposed Hampton Inn promotes tourism
activities and enjoyment of our natural resources.
3. The development or redevelopment will not impede the normal and orderly
development and improvement of surrounding properties.
The proposed development is compatible with the neighborhood, as is more
particularly discussed in General Applicability Criteria 1 and 2 together with
Comprehensive Infill Criteria 4 below, and will not impede other development.
The proposed redevelopment project will benefit the community as a whole and
this district. The proposed hotel may encourage additional investment and
improvement to the surrounding properties.
4. Adjoining properties will not suffer substantial detriment as a result of the
proposed development.
Adjoining properties will not suffer substantial detriment as a result of this
proposal. The existing overnight accommodation use is an allowable use and is
well established within the neighborhood and district.
5. The proposed use shall otherwise be permitted by the underlying future land
use category, be compatible with adjacent land uses, will not substantially
alter the essential use characteristics of the neighborhood; and shall
demonstrate compliance with one or more of the following objectives:
a. The proposed use is permitted in this zoning district as a minimum
standard, flexible standard or flexible development use;
b. The proposed use would be a significant economic contributor to the
City's economic base by diversifying the local economy or by creating
jobs;
c. The development proposal accommodates the expansion or
redevelopment of an existing economic contributor
d. The proposed use provides for the provision of affordable housing
e. The proposed use provides for development or redevelopment in an
area that is characterized by other similar development and where a
land use plan amendment and rezoning would result in spot land use
or zoning designation;
f. The proposed use provides for the development of a new and/or
preservation of a working waterfront use
The "Resort Facility High" land use category and the "Tourist" zoning district
both permit overnight accommodation uses; the district allows overnight
accommodation uses as a minimum standard and flexible standard use. The
existing mid-priced hotel is a significant economic contributor to the City,
promoting tourism and generates jobs for the community.
0
6. Flexibility with regard to use, lot width, required setbacks, height, and off-
street parking are justified based on demonstrated compliance with all of the
following design objectives:
a. The proposed development will not impede the normal and orderly
development and improvement of the surrounding properties for uses
permitted in this zoning district;
Overnight accommodation uses are permitted in the Tourist (T) zoning
district without special approval. As the surrounding properties are made
up of overnight accommodations, high rise condominiums and various
retail and restaurant establishments the existing hotel does not impede
normal and orderly development and improvements of the surrounding
properties as previously discussed within General Applicability Criteria 2.
b. The proposed development complies with applicable design guidelines
adopted by the City;
The Quality Inn is an existing contemporary structure with metal roofs
similar to the proposed Hampton Inn. Through this development proposal,
with the use of color on the roof and on the building mass, the existing
structure will be nicely updated to compliment the Key West Coastal
Design of the proposed neighboring Hampton Inn. Massing, color and
alignment datum lines will be noteworthy elements within the design. The
design intent is that, while close in proximity, both hotels will still be seen
as its own individual site and identity; it is not intended that the two hotels
look alike but compliment one another.
Through this development proposal, with the creative use of paint bands
and coordination alignments of the adjacent base colors and patterns the
existing building mass will appear more broken up as desired by Beach by
Design. Decorative shutters and new tri-colored canopies will be present
to better meet the applicable design guidelines.
The proposed landscape improvements will also help to unite the
developments as a whole as the pedestrian level. The new pool deck and
amenity area on grade on the Hampton side will also introduce rich
landscaping which will further enhance some of the more plain walls of
the Quality Inn near the south west end of the building complying with the
intent of the Beach by D�sign Guidelines. Please see additional
discussion under Section d. below.
c. The design, scale, and intensity of the proposed development supports
the established or emerging character of an area;
The emerging character of area is varying and transitional as newer and
older developments exist, the area primarily offers overnight
accommodation, condominiums and retail/service uses of similar scale and
intensity. Please see additional discussion under General Applicability
Criteria 1.
7
d. In order to form a cohesive, visually interesting and attractive
appearance, the proposed development incorporates a substantial
number of the following design elements:
• Changes in horizontal building planes
• Use of architectural details such as columns, cornices, stringcourses,
pilasters, porticos, balconies, railings, awnings, etc.
• Variety of materials and colors
• Distinctive fenestration patterns
• Building stepbacks; and
• Distinctive roof forms
Some of the above elements are present within the existing architectural
design of the building. The Quality Inn is an existing contemporary
structure with metal roofs similar to the proposed Hampton Inn. Through
this development proposal, with the use of color on the roof and the
building mass this building will be nicely updated to compliment the new
Key West Coastal Design of the proposed neighboring Hampton Inn and
Suites. Through the use of color, the building mass of the existing
Quality Inn would appear more broken up with the creative use of paint
bands and coordination alignments of the adjacent base colors and
patterns.
The proposed landscape improvements will also help to unite the
developments as a whole as the pedestrian level. The new pool deck and
amenity area on grade on the Hampton side will also introduce rich
landscaping which will further enhance some of the more plain walls of
the Quality Inn near the south west end of the building.
e. The proposed development provides for appropriate buffers,
enhances landscape design and appropriate distances between
buildings.
The proposed/existing buffers and setbacks provide appropriate buffers
and distances between buildings; the development provides a shared
parking structure with access which is internal to the site. The landscape
design presents an inviting tropical appearance and meets the intent of
Beach by Design.
Beach bv Design
The existing 91 unit hotel, with 60 units from the Beach by Design Hotel Density Reserv�e is
below the density allowed by Beach by Design. The project meets the criteria contained winhin
the Beach by Design Hotel Density Reserve Section as the site has not previously recenved
density from the reserve, has not transferred density to another site, is less than 2.5 acres arad is
therefore eligible to receive up to 100 units. The accessory restaurant is consistent with rnid-
priced hotels and is comprised of approximately 7% of the GFA well within the allowable li�nits
for accessory amenities.
8
. , .
The existing height meets the Beach by Design District height allowances, a Hurric-ane
Evacuation Plan has been provided within the DVA package, the rooms are accessible thraugh
the interior lobby of the hotel; and a reservation system is in place with books and reca�rds
available for inspection as needed. A traffic impact study has been provided and addresses
transportation concurrency.
The Quality Inn is an existing contemporary structure with metal roofs similar to the propc�sed
Hampton Inn. Through this development proposal, with the use of color on the roof and on� the
building mass, the existing structure will be nicely updated to compliment the Key West Co��stal
Design of the proposed neighboring Hampton Inn. Massing, color and alignment datum lznes
will be noteworthy elements within the design. The design intent is that, while clos� in
proximity, both hotels will still be seen as its own individual site and identity; it is not intended
that the two hotels look alike but compliment one another.
Through this development proposal, with the creative use of paint bands and coordina.tion
alignments of the adjacent base colors and patterns the existing building mass will appear more
broken up as desired by Beach by Design. Decorative shutters and new tri-colored canopies will
be present to better meet the applicable design guidelines.
The existing design and proposed upgrades are respectful of the architectural vocabulary wi�hin
Beach by Design and the community character; the building is in scale to its height and len.gth.
The existing hotel use is well established on the Beach, enjoying a strong yearly guest return rate
and provides a highly desired mid-priced accommodations to Clearwater Beach; this proposal
will not only retain the overnight accommodation units associated with the existing Quality Inn
but will provide an additional 116 overnight accommodation units to the Beach and our l��cal
economy.
Quality Inn 12.13.2012 by Renee Ruggiero/rmr
,�
CLEARWATER CITY COUNCtL
Meeting Date:
Item #
o�,''��—�3
`1. ► �
As stated in Council Rules, °Representatives of a group may speak for three minutes plus an
additional minute for each person in the audience that waives their right to speak, up to a
maximum c�f ten minutes." �
.
We the undersigned designate � Cl.� 1� I S (please print)
as our spokesperson and waive our right to speak.
Signature
Signature
Signature
Signature
Signature
Print Name
Print Name
Print Name
Print Name
Print Name
Print Name
Print Name
S:\FORMS\Public Comments at Council Meeting.doc
9700-Q034
March 18, 2008
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:2/21/2013
Approve a Development Agreement between Clearwater Grande Development, LLC (the property owner) and the City of
Clearwater, providing for the allocation of 76 units for an overnight accommodation from the Hotel Density Reserve and a
building height of 150 feet (from base flood elevation) under Beach by Design; adopt Resolution 13-02 and authorize the
appropriate to execute same.
SUMMARY:
The 0.80-acre subject property (Parcel B) is located on the south side of South Gulfview Boulevard,
approximately 977.97 feet west of Gulf Boulevard in the Tourist (T) District and Clearwater Pass character district
in Beach by Design. The subject property is presently a part of a larger 1.438-acre parcel that will be separated
into two parcels (Parcels A and B) through the minor lot line adjustment process.
Presently, the site consists of the 91-room Quality Inn and its associated off-street parking lot. These two elements
will be separated from one another as Parcels A and B, with a new 15-story, 116-room, mid-sized hotel (Hampton
Inn and Suites) being constructed on parcel B. The first five levels of the Hampton Inn and Suites hotel will be a
245-space parking garage. These parking spaces, as well as seven additional surface spaces, will be shared
between the subject property and the adjacent/existing Quality Inn property through a permanent cross access and
shared parking agreement.
The proposed density of this new 116-room hotel (which includes the allocation of 76 rooms from the Hotel
Density Reserve) is 143.74 rooms per acre. The proposed height is 150 feet (to top of roof slab). Both the density
and height proposed are consistent with the provisions of Beach by Design.
On January 15, 2013, the Community Development Board (CDB) approved the Flexible Development application
(FLD2012-11024) associated with the construction of this new hotel subject to 19 conditions of approval.
The proposed Development Agreement is in compliance with the standards for Development Agreements, is
consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by
Design. The proposed Development Agreement will be in effect for a period not to exceed twenty (20) years,
meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes
the following main provisions:
. Provides for the allocation of 76 units from the Hotel Density Reserve;
. Requires the developer to obtain building permits and certificates of occupancy in accordance with
Community Development Code (CDC) Section 4-407;
. Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed;
. Prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant
restricting use of such hotel units to overnight accommodation usage;
. Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon
as practicable after a hurricane watch that includes Clearwater Beach is posted by the Nation�}���ne
Center; and
. Requires that the development comply with the Metropolitan Planning Organization's (MPO���Vide
approach to the application of concurrency management for transportation facilities.
The Community Development Board reviewed this Development Agreement (DVA2012-11002) at its public
hearing on January 15, 2013, and unanimously recommended its approval.
Review Approval:
Cover Memo
��11�:��
Attachment number 1 \nPage 1
Proposed Development Agreement
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the day
of , 201_ and entered into between Clearwater Grande Holdings LLC, a Florida
limited liability company ("Developer"), its successors and assigns, and the CITY OF
CLEARWATER, FLORIDA, a municipality of the State of Florida acting though its City
Council, the governing body thereof ("City").
Recitals:
WHEREAS, one of the major elements of the City's revitalization effort is a
preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and
WHEREAS, Sections 1633220 —163.3243, Florida Statutes which set forth the
Florida Local Government Development Agreement Act ("Act"), authorize the City to
enter into binding development agreements with persons having a legal or equitable
interest in real property located within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-
606 of the City of Clearwater Community Development Code ("Code"), establishing
procedures and requirements to consider and enter into development agreements; and
WHEREAS, Beach by Design proposed additional hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality,
family resort community by further providing for a limited pool of additional hotel units
("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and
WHEREAS, the Developer owns and controls approximately 0.81 acres of real
property ("Property") in the corporate limits of the City, consisting of 0.81 acres of
upland from the face of the seawall more particularly described on Exhibit "A" as Parcel
`B" attached hereto and incorporated herein; and
WHEREAS, the Developer desires to develop Parcel B by constructing 116
overnight accommodation units, a parking garage, a lobby, a ground level pool, and a bar;
all of which will generally conform to the architectural elevation dimensions shown in
composite Exhibit `B"; and
WHEREAS, upon completion the planned hotel will contain 116 units, which
includes seventy-six (76) units from the available Beach by Design Hotel Density
Reserve; and
WHEREAS, the city has conducted such hearings as are required by and in
accordance with Chapter 1633220 Fla. Stat. (2011) and any other applicable law; and
I[�'ii�:�7
Attachment number 1 \nPage 2
WHEREAS, the city has determined that, as of the Effective Date of this
Agreement the proposed project is consistent with the City's Comprehensive Plan and
Land Development Regulations; and
WHEREAS, the City has conducted public hearings as required §§ 4-206 and 4-
606 of the Community Development Code; and
WHEREAS, at a duly called public meeting on , the City Council
approved this Agreement and authorized and directed its execution by the appropriate
officials of the City; and
WHEREAS, the Community Development Board approved the design and site
plan as a Flexible Development on , conditioned upon the approval and
execution of this Agreement; and
WHEREAS, approval of this agreement is in the interests of the City in
furtherance of the City's goals of enhancing the viability of the resort community and in
furtherance of the objectives of Beach by Design; and
WHEREAS, Developer has approved this Agreement and duly authorized certain
individuals to execute this Agreement on Developer's behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and
in accordance with the Act, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of this
Agreement.
SECTION 2. Incor�oration of the Act. This Agreement is entered into in
compliance with and under the authority of the Code and the Act, the terms of which as
of the date of this Agreement are incorporated herein by this reference and made a part of
this Agreement. Words used in this Agreement without definition that are defined in the
Act shall have the same meaning in this Agreement as in the Act.
SECTION 3. Pro�ertv Subject to this A�reement. The Property described in
Exhibit "A" is subject to this Agreement ("Property").
3.1 The Property currently has a land use designation of Resort Facilities High
(RFH) and is zoned Tourist (T).
3.2 The Property is owned in fee simple by the Developer.
I[�'ii�:�7
Attachment number 1 \nPage 3
33 The Property is generally located at 635 S Gulfview Blvd, Clearwater, FL
33767; adjacent to the existing Quality Inn Hotel.
SECTION 4. Scope of Project.
4.1 The Project ("Project") shall consist of no more than 116 overnight
accommodation units, to be traditional overnight accommodation units. The proposed
density is 143.74 units per acre, which is below the allowed 150 units.
4.2 The Project shall include 252 parking spaces, as defined in the Community
Development code, of which 245 will be provided by a parking garage with 7 additional
surface spaces being provided adjacent to the parking garage. The parking garage, its
accesses, and the surface spaces will be shared with the existing adjacent Quality Hotel
site and contains sufficient parking for both hotels. (See 6.1.4)
4.3 The proposed heights of the building are 150' to the roof deck from base
flood elevation (BFE), 156'-2 13/16" to the midpoint of the mechanical room mansard
from BFE and 166' to the top of elevator tower from BFE.
4.4 The design of the Project, as represented in Exhibit `B", is consistent with
Beach by Design.
4.5 The project shall comply with the Metropolitan Planning Organization
(MPO) countywide approach to the application of concurrency management for
transportation facilities.
SECTION 5. Effective Date/Duration of this A�reement.
5.1 This Agreement shall not be effective until this Agreement is properly
recorded in the public records of Pinellas County, Florida and thirty (30) days have
elapsed after having been received by the Department of Economic Opportunity pursuant
to Florida Statutes Section 1633239 and Clearwater Community Development Code
Section 4-606.G. 2 (the "Effective Date").
52 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for
Pinellas County. The Developer shall pay the cost of such recording. The City Shall
submit to the Department of Economic Opportunity a copy of the recorded Agreement
within fourteen (14) days after the Agreement is recorded.
5.3 This Agreement shall continue in effect until terminated, as defined
herein, but for a period not to exceed twenty (20) years.
SECTION 6. Obli�ations under this A�reement.
6.1 Obligations of the Developer:
I[�'ii�:�7
Attachment number 1 \nPage 4
6.1.1 The obligations under this Agreement shall be binding upon and
the benefits of this Agreement shall inure to the Developer, its successors in
interests or assigns.
6.12 At the time of development of the Property, the Developer will
submit such applications and documentation as are required by law and shall
comply with the City's Code applicable at the time of building permit review.
6.13 The following restrictions shall apply to development of the
Property:
6.13.1 The Property and improvements located thereon
shall be developed in substantial conformance with the Site and Building Plans
attached as Exhibit `B" and approved by the Community Development Board
("CDB") as case number . Any minor revisions or changes to the Site
Plan shall consistent with the approved Site Plan and shall be approved by the
Planning Director as a minor modification, pursuant to the Code. Any
modifications determined by the Planning Director as either inconsistent with the
approved Site Plan or constituting a substantial deviation from the approved Site
Plan and thus requiring further approval by the CDB shall require an amendment
to this Agreement in accordance with the procedures of the Act and the Code, as
necessary and applicable. Any and all such approved and adopted amendments
shall be recorded in the public records of Pinellas County, Florida
6.13.2 The Developer shall obtain building permits within
one (1) year of the date of this Agreement (the "Initial Term"), and shall
thereafter timely obtain required certificates of occupancy, in accordance with
Code Section 4-407. Nothing herein shall restrict Developer from seeking an
extension of these time frames pursuant to applicable provisions of the Code and
of the Florida Building Code or from seeking an amendment to this agreement.
6.13.3 The Developer shall execute, prior to
commencement, a mandatory evacuation/closure covenant, substantially in the
form of Exhibit "C" that the accommodation use will be closed as soon as
practicable after a hurricane watch that includes Clearwater Beach is posted by
the National Hurricane Center.
6.1.4 Shared Facilities. The proposed Hampton Inn site (Parcel `B") and
the adjacent existing Quality Hotel site (Parcel "A") shall share parking facilities,
waste facilities, sidewalks and other areas as needed. The two properties shall
enter into appropriate shared facilities agreements and easements in a form
acceptable to the city. Once the agreements are in a form acceptable to the city
they shall be executed and recorded.
I[�'ii�:�7
Attachment number 1 \nPage 5
6.1.5 Allocation of Units from Hotel Densitv Reserve; Return of Units to
the Reserve Pool. Covenant Re ag rding Use of Hotel Density Reserve Units.
Subject to the terms and conditions of this Agreement, the City hereby allocates
and grants to the Developer from the Hotel Density Reserve an additiona176 hotel
units to the Project Site in accordance with applicable law. In the event this
Agreement is terminated pursuant to Section 10 of this Agreement, or if any of
the units granted to the Developer from the Hotel Density Reserve are not
constructed in conjunction with the Project approved by City and in accordance
with Paragraph 6.1.32, or if any units or the Project fail to meet and maintain the
criteria for Hotel Density Reserve Units contained in the City of Clearwater
Ordinance No. 7925-08, as amended, said units shall be returned to the Hotel
Density Reserve and be unavailable to the Developer for use on the Project,
pursuant to Beach by Design. Prior to the issuance of the Certificate of Occupancy
for the Project, the Developer agrees to execute and record a Covenant in the
Public Records of Pinellas County, Florida restricting the Hotel Density Reserve
Units in perpetuity to the use approved by City and by this Agreement.
6.1.6 Transient Use. Occupancy in the overnight accommodation units
from the Hotel Density Reserve is limited to a term of one (1) month or thirty-
one 31) consecutive days, whichever is less. Nothing herein shall prevent a
purchaser of a fractional share unit from owning a period of time greater than
thirty-one (31) days, provided every occupancy is limited to a term of one (1)
month or thirty-one (31) consecutive days, whichever is less.
62 Obli�ations of the CitX.
6.2.1 The City shall promptly process site and construction plan
applications for the Property that are consistent with the Comprehensive Plan and
the Concept Plan and that meet the requirements of the Code.
6.22 Upon adoption of this Agreement, the Project sha11 receive 76 units
from the Hotel Density Reserve as defined in Beach by Design
SECTION 7. Public Facilities to Service Develo�ment. The following public
facilities are presently available to the Property from the sources indicated below.
Development of the Property will be governed by the concurrency ordinance provisions
applicable at the time of development approval unless otherwise provided by law. With
respect to transportation and other public infrastructure and services subject to
concurrency requirements, the City of Clearwater finds that all applicable concurrency
provisions for the proposed development have been met.
7.1 Potable water is currently available from the City of Clearwater. The
Developer shall beresponsible for all necessary main extensions and applicable
connection fees.
I[�'ii�:�7
Attachment number 1 \nPage 6
7.2 Sewer service is currently available from the City of Clearwater. The
Developer shall be responsible for all necessary main extensions and applicable
connection fees.
7.3 Fire protection services shall be provided by the City of Clearwater.
7.4 Drainage facilities for the Property will be provided by the Developer at
the Developer's sole expense.
7.5 Transportation concurrency requirements have been met.
7.6 All improvements associated with the public facilities identified in
Subsections 7.lthrough 7.4 shall be completed prior to the issuance of any certificate of
Occupancy.
7.7 The Developer is responsible for the payment of any required impact fees.
SECTION8. Rec�uired Local Government Permits. The required government
development permits for development of the Property include, without limitation, the
following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-of-
way utilization permits;
8.2 Construction plan approval(s);
8.3 Building permit(s); and
8.4 Certificate(s) of occupancy.
SECTION 9. Consistencv. The City finds that development of the Property is
consistent with the terms of this Agreement and is consistent with the City
Comprehensive Plan and the Code.
SECTION 10. Termination. If the Developer's obligations set forth in this
Agreement are not followed in a timely manner, as reasonably determined by the City
Manager, after notice to the Developer and an opportunity to be heard, existing permits
shall be administratively suspended and issuance of new permits suspended until the
Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve
as a basis for termination of this Agreement by the City, at the discretion of the City and
after notice to the Developer and an opportunity for the Developer to be heard.
SECTION 1 l. Other Terms and Conditions.
I[�'ii�:�7
Attachment number 1 \nPage 7
11.1 Except in the case of termination, until twenty (20) years after the date of
this Agreement, the Property shall not be subject to down-zoning, unit density reduction,
or intensity reduction, unless the City has held a public hearing and determined:
11.1.l That substantial changes have occurred in pertinent conditions
existing at the time of approval of this Agreement; or
11.12 This Agreement is based on substantially inaccurate information
provided by the Developer; or
11.13 That the change is essential to the public health, safety, or welfare.
SECTION 12. Com�liance with Law. The failure of this Agreement to address
any particular permit, condition, term or restriction shall not relieve the Developer from
the necessity of complying with the law governing such permitting requirements,
conditions, terms or restrictions.
SECTION 13. Notices. Notices and communications required or desired to be
given under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail, return
receipt requested, addressed as follows (copies as provided below shall be required for
proper notice to be given):
If to the Developer: Clearwater Grande Holdings LLC
20001 Gulf Blvd.
Indian Shores, FL 33785
With Copy to: Northside Engineering Services, Inc
300 South Belcher
Clearwater, FL 33765
If to City: City of Clearwater, City Attorney
ATTN:
112 South Osceola Avenue
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight courier service for next day delivery, or on the 3rd day following
deposit in the United States mail, certified mail, return receipt requested. The parties may
change the addresses set forth above (including the addition of a mortgagee to receive
copies of all notices),by notice in accordance with this Section.
SECTION 14. Assi�nments.
14.1 By the Developer:
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Attachment number 1 \nPage 8
14.1.1 Prior to the Commencement Date, the Developer may sell, convey,
assign or otherwise dispose of any or all of its right, title, interest and obligations
in and to the Project, or any part thereof, only with the prior written notice to the
City, provided that such party (hereinafter referred to as the " assignee"), to the
extent of the sale, conveyance, assignment or other disposition by the Developer
to the assignee, sha11 be bound by the terms of this Agreement the same as the
Developer for such part of the Project as is subject to such sale, conveyance,
assignment or other disposition.
14.12 If the assignee of the Developer's right, title, interest and
obligations in and to the Project, or any part thereof assumes all of the
Developer's obligations hereunder for the Project, or that part subject to such sale,
conveyance, assignment or other disposition, then the Developer shall be released
from all such obligations hereunder which have been so assumed by the assignee,
and the City agrees to execute an instrument evidencing such release, which shall
be in recordable form.
14.13 An assignment of the Project, or any part thereof, by the Developer
to any corporation, limited partnership, limited liability company, general
partnership, or joint venture, in which the Developer (or an entity under common
control with Developer) has either the controlling interest or through a joint
venture or other arrangement shares equal management rights and maintains such
controlling interest or equal management rights shall not be deemed an
assignment or transfer subject to any restriction on or approvals of assignments or
transfers imposed by this Agreement, provided, however, that notice of such
assignment shall be given by the Developer to the City not less than thirty (30)
days prior to such assignment being effective and the assignee shall be bound by
the terms of this Agreement to the same extent as would the Developer in the
absence of such assignment.
14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of
the Developer's rights and obligations with respect to any one Parcel shall in any
way be obligated or responsible for any of the Developer's obligations with
respect to any other Parcel by virtue of this Agreement unless and until such
assignee, purchaser, sublessee or acquire has expressly assumed the Developer's
such other obligations.
14.1.5 Not with standing any other provision of this paragraph, the sale of
individual Interval Ownership Units in the ordinary course of business shall not
be subject to the requirements of this paragraph.
14.2 Successors and Assi�ns. The terms herein contained shall bind and inure to
the benefit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their personal representatives, trustees,
heirs, successors and assigns, except as may otherwise be specifically provided herein.
I[�'ii�:�7
Attachment number 1 \nPage 9
SECTION 15. Minor Non-Compliance. The Developer will not be deemed to
have failed to comply with the terms of this Agreement in the event such noncompliance,
in the judgment of the City Manager, reasonably exercised, is of a minor or
inconsequential nature.
SECTION 16. Covenant of Coo�eration. The parties shall cooperate with and deal
with each other in good faith and assist each other in the performance of the provisions of
this Agreement and in achieving the completion of development of the Property.
SECTION 17. Approvals. Whenever an approval or consent is required under or
contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested and
granted in writing.
SECTION 18. Completion of A�reement. Upon the completion of performance of
this Agreement or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded
in the official records of the City.
SECTION 19. Entire A�reement. This Agreement (including any and all
Exhibits attached hereto all of which are a part of this Agreement to the same extent as if
such Exhibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in this
Agreement are inserted for convenient reference only and do not define or limit the scope
or intent and should not be used in the interpretation of any section, subsection or
provision of this Agreement. Whenever the context requires or permits, the singular shall
include the plural, and plural shall include the singular and any reference in this
Agreement to the Developer includes the Developer's successors or assigns. This
Agreement was the production of negotiations between representatives for the City and
the Developer and the language of the Agreement should be given its plain and ordinary
meaning and should not be strictly construed against any party hereto based upon
draftsmanship. If any term or provision of this Agreement is susceptible to more than one
interpretation, one or more of which render it valid and enforceable, and one or more of
which would render it invalid or unenforceable, such term or provision shall be construed
in a manner that would render it valid and enforceable.
SECTION 21. Partial Invaliditv. If any term or provision of this Agreement or the
application thereof to any person or circumstance is declared invalid or unenforceable,
the remainder of this Agreement, including any valid portion of the invalid term or
provision and the application of such invalid term or provision to circumstances other
than provision and the application of such invalid term or provision to circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected
thereby and shall with the remainder of this Agreement continue unmodified and in full
I[�'ii�:�7
Attachment number 1 \nPage 1i
force and effect. Notwithstanding the foregoing, if such responsibilities of any party
hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits
sought to be received hereunder are frustrated, such party shall have the right to terminate
this Agreement upon fifteen (15) days written notice to the other parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of
the City which is of general application not governing the development of land shall be
applicable to the Property, and such modifications are specifically anticipated in this
Agreement.
SECTION 23. Governin_� Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida without regard to the
conflict of laws principles of such state.
SECTION 24. Counter�arts. This Agreement may be executed in counterparts, all
of which together shall continue one and the same instruments.
SECTION 25. Amendment. This Agreement may be amended by mutual written
consent of the City and the Developer so long as the amendment meets the requirements
of the Act, applicable City ordinances, and Florida law.
[remainder of this page is blank—signature page follows]
I[�'ii�:�7
Attachment number 2 \nPage 1
� � � COMMUNITY DEVELOPMENT BOARD
� � � ���
� PLANNING AND DEVELOPMENT DEPARTMENT
�, � , �
STAFF REPORT
MEETING DATE:
AGENDA ITEM:
CASE:
REQUEST:
January 15, 2012
E2.
DVA2012-11002 (Related to FLD2012-11024)
Review, and recommendation to the City Council, of a Development Agreement
between Clearwater Grande Development, LLC (the property owner) and the City of
Clearwater, providing for the allocation of 76 units from the Hotel Density Reserve
under Beach by Design.
GENERAL DATA:
Agent ........................... Northside Engineering Services, Inc. (Housh Ghovee and Renee Ruggiero)
Applicant / Owner ............. Clearwater Grande Development, LLC
Location ........................... 635 South Gulfview Boulevard; located on the south side of South Gulfview Boulevard,
approximately 977.97 feet west of Gulf Boulevard
Property Size .................... 0.80 Acres
Future Land Use Plan...... Resort Facilities High (RFH)
Zoning . . . . . . . . . . . . . . . . . . . . . . . ..
Special Area Plan............
Adjacent Zoning... North:
South
East:
West
Existing Land Use..........
Tourist (T) District
Beach by Design (Clearwater Pass District)
Tourist (T) District
Open Space/Recreation (OS/R) District
Tourist (T) District
Tourist (T) District
Overnight Accommodations
Proposed Land Use... ...... Overnight Accommodations
E.2.
Attachment number 2 \nPage 2
L�T Level II Flexible Develo iri�Bl$ A IlCd$IOtI E�8Vi2W PLANNING & DEVELOPMENT
P PP DEVELOPMENT REVIEW DIVISION
s�.�t£}�"r�'u`K�''��"i'dvv'i�i/� -"'—,-'�tt� �yr�Srfz �,1.�y`.`,�,E / .. .,.,^l ?. .,,a.... ..� , . . . . , , .
ANALYSIS:
Site Location and Existing Conditions:
The 1.438 acre subject property is located on the
south side of South Gulfview Boulevard
approximately 894 feet west of Gulf Boulevard.
The subject property is currently developed as
the parking lot for a 91-unit hotel (Quality Inn).
Development Proposal:
Currently the existing 62,640 square feet of lot
area (1.438 acre) subject property consists of a
Quality Inn hotel and its associated parking lot.
The applicant proposes to separate the parking
lot area from the existing hotel building through
a minor lot adjustment to create two separate
lots of record (Parcels A& B).
This development agreement includes a � �
companion Flexible Development application P `��R��,.FR ��
(FLD2012-11024) to permit a fifteen-story �
�' � � n ��Re�R
overnight accommodation use (Hampton Inn & � n�'
n $.
Suites) with 116 rooms, 247 off-street parking �����`��F� �������a�
m a�� � ��;�
spaces located in a five-level garage, and � �� ° � � �" � ��� Bq,� ������� � � � � ��
aSSOC1at0Cl aCCOSSOIy USOS t0 b0 bUllt Ori � ��' � � �����8��°
, a
proposed Parcel B. The minor lot adjustment T �a ••.� �$���nn � °°
� � ��
� ,a a� ���
and redevelopment proposal will result in a : �°•� � Q
hotel with a density of 143.47 rooms per acre on � ' � �� ��"
4 ^
a �s
m e n 4�, o
net lot acreage, including the allocation of 76 s ��
units from the Hotel Density Reserve on a lot of �
35,174 square feet of lot area which is below the
maximum density of 150 units per acre set forth P �`FqR �'' �
in Beach by Design special area plan. A total of �p��� �
252 parking spaces will be provided through a
shared parking and access agreement between the new parcels of land. Five off-street parking
spaces will be located on the proposed Quality Inn property with the remaining 247 off-street
parking spaces provided through a shared access and parking agreement within the garage of the
Hampton Inn & Suites. The number of parking spaces complies with the development standards
of 1.2 spaces per unit as set forth in the Community Development Code.
Development Agreement:
The Development Agreement is a requirement for the allocation of hotel units from the Hotel
Density Reserve, adopted as an amendment to Beach by Design under Ordinance 7925-08 on
July 17, 2008. A total of 1,385 hotel rooms were established under the Hotel Density Reserve
where currently a total of 947 units are available within the density reserve; this development
agreement proposal requests the allocation of 76 units from it. The City has established the
criteria that shall be met to facilitate the allocation of the units. Such criteria includes that
Community Development Board — January 15, 2013 If@CT1 # 5
DVA2012-11002 —Page 1
Attachment number 2 \nPage 3
L�T Level II Flexible Develo iri�Bl$ A IlCd$IOtI E�8Vi2W PLANNING & DEVELOPMENT
P PP DEVELOPMENT REVIEW DIVISION
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accessory uses shall be consistent with a hotel;
that no hotel room can be converted to a
residential use; that access to the hotel room must
be through a lobby and internal corridors; that the
hotel shall establish a reservation system with a
lobby/front desk area; and that the development
shall comply with the Metropolitan Planning
Organizations (MPO) countywide approach to
the application of the concurrency management
for transportation facilities. The proposed
redevelopment proj ect meets the above criteria.
The proposed Development Agreement will be in
effect for a period not to exceed twenty (20)
years, meets the aforementioned criteria for the
allocation of units from the Hotel Density
Reserve under Beach by Design and includes the
following main provisions:
❑ Provides for the allocation of 76 units from the Hotel Density Reserve;
❑ Requires the developer to obtain building permits and certificates of occupancy in
accordance with Community Development Code (CDC) Section 4-407;
❑ Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not
constructed;
❑ For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel
unit to a residential use and requires the recording of a covenant restricting use of such
hotel units to overnight accommodation usage; and
❑ Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be
closed as soon as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
The Community Development Board (CDB) has been provided with the most recent
Development Agreement.
The City Council may enter into Development Agreements to encourage a stronger commitment
on comprehensive and capital facilities planning, to ensure the provision of adequate public
facilities for development, to encourage the efficient use of resources, and to reduce the
economic cost of development. The CDB is required to review the proposed Development
Agreement and make a recommendation to the City Council.
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L�T Level II Flexible Develo iri�Bl$ A IlCd$IOtI E�8Vi2W PLANNING & DEVELOPMENT
P PP DEVELOPMENT REVIEW DIVISION
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SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of December 6, 2012, and deemed the development proposal to be legally
sufficient to move forward to the Community Development Board (CDB), based upon the
following findings of fact and conclusions of law:
Findin�s of Fact
The Planning and Development Department, having reviewed all evidence submitted by the
applicant and requirements of the Community Development Code (CDC), finds that there is
substantial competent evidence to support the following findings of fact:
1. That the 1.438 acre subject property is located on the south side of South Gulfview
Boulevard approximately 894 feet west of Gulf Boulevard;
2. That the property is located within the Tourist (T) District and the Resort Facilities High
(RFH) Future Land Use Plan category;
3. That the applicants are requesting 76 units from the Hotel Density Reserve to allow for a 116
room mid-priced hotel;
4. The subj ect development proposal will be located on a parcel of land with a lot width of
164.03 feet (along South Gulfview Boulevard) and 35,174 square feet of lot area;
5. That the proposed density of 143.47 units per acre is below the maximum density of 150
units per acre set forth in Beach by Design special area plan;
6. That the hotel will have a reservation system with an internal lobby front desk area;
7. That all accessory uses are consistent with a typical mid-priced hotel;
8. That access to the overnight accommodation units shall be provided through a lobby with
internal corridors;
9. That the Traffic Engineering Department accepts the findings of the submitted Traffic Impact
Study which indicates that the proposed redevelopment project will not degrade the Level of
Service (LOS D or better) on surrounding transportation facilities nor adversely affect the
nearby signalized intersections which is consistent with Metropolitan Planning Organizations
concurrency management for transportation facilities;
10. That the development proposal is subj ect to the requirements of Beach by Design, the Design
Guidelines contained therein as the property is located within the Clearwater Pass character
district and the criteria for allocation of units from the Hotel Density Reserve.
Conclusions of Law
The Planning and Development Department, having made the above findings of fact, reaches the
following conclusions of law:
1. That the Development Agreement implements and formalizes the requirements for the
construction of on-site and off-site improvements under the related site plan proposal
(FLD2012-11024);
2. That the Development Agreement complies with the standards and criteria of CDC Section
4-606;
3. That the Development Agreement is consistent with and furthers the Visions, Goals,
Obj ectives and Policies of the Comprehensive Plan;
4. That the Development Agreement is consistent with the Visions, Goals, Objectives and
Policies of Beach by Design and the Clearwater Pass District; and
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P PP DEVELOPMENT REVIEW DIVISION
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5. That the Development Agreement complies with the criteria in Beach by Design for the
allocation of units from the Hotel Density Reserve.
Based upon the above, the Planning and Development Department recommends the
APPROVAL, and recommendation to the City Council, of a Development Agreement between
Clearwater Grande Development, LLC and the City of Clearwater, providing for the allocation
of 76 units from the Hotel Density Reserve under Beach by Design, for the property at 655 South
Gulfview Boulevard (future property address of 635 South Gulfview Boulevard).
Prepared by Planning and Development Department Staff:
Kevin W. Nurnberger, Planner III
ATTACHMENTS: Photographs of Site and Vicinity
Community Development Board — January 15, 2013 If@CT1 # 5
DVA2012-11002 —Page 4
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MEETING DATE:
AGENDA ITEM:
CASE:
Attachment number 3 \nPage 1
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
January 15, 2012
D3.
FLD2012-11024 (Related to DVA2012-11002)
REQUEST: Fle�ble Development application to permit a 116-room overnight accommodation use
in the Tourist (T) District with a lot area of 35,174 square feet (0.80 acres), a lot width
of 164.03 feet along South Gulfview Boulevard, front (north) setbacks of zero feet (to
pavement) and 4.8 feet (to building), side (east) setbacks of zero feet (to pavement and
canopy) and two feet (to building), side (west) setbacks of zero feet (to pavement) and 8
feet (to building), rear (south) setbacks of zero feet (to pavement) and 20.6 feet ( to
building); a building height of 150 feet (from Base Flood Elevation to roof slab) and
166 feet (to elevator shaft room); and 247 off-street parking spaces as a Comprehensive
In�ll Redevelopment Project pursuant to Community Development Code Section 2-
803.D; and an increase in the maximum allowable density through the allocation of 76
overnight accommodation units from the Hotel Density Reserve created pursuant to
Beach by Design, as well as a reduction to the required foundation landscaping width
along South Gulfview Boulevard from five feet to 4.8 feet as part of a Comprehensive
Landscape Program pursuant to Community Development Code Section 3-1202.G.
� . � . .
Agent ........................... Northside Engineering Services, Inc. (Housh Ghovee and Renee Ruggiero)
Applicant / Owner .............. Clearwater Grande Development, LLC
Location ........................... 635 South Gulfview Boulevard; located on the south side of South Gulfview Boulevard,
appro�mately 977.97 feet west of Gulf Boulevard
Property Size .................... 0.80 Acres
Future Land Use Plan...... Resort Facilities High (RFH)
Zoning .......................... Tourist (T) District
Special Area Plan .............. Beach by Design (Clearwater Pass District)
Adjacent Zoning... North: Tourist (T) District
South
East:
West:
Existing Land Use...........
Land Use.........
Open Space/Recreation (OS/R) District
Tourist (T) District
Tourist (T) District
Overnight Accommodations
Accommodations
D.3.
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ANALYSIS:
Site Location and Existing Conditions:
The 1.438 acre subject property is located on
the south side of South Gulfview Boulevard
approximately 894 feet west of Gulf Boulevard.
The subject property is currently developed
with a 91-room hotel (Quality Inn) and its
associated parking lot. The existing building is
located on the east side of the site and oriented
north/south.
Retail Sales and services uses are located to the
north of the subj ect properry. The adj acent
property to the west consists of the Econo
Lodge hotel. The adjacent parcel to the east
consists of the Continental Towers
condominium properry. The land area to the south consists of a beach that overlooks Clearwater
pass.
Development Proposal:
The subj ect property consists of a 91-room
hotel (Quality Inn) and its associated parking
lot on 62,620 square feet of lot area (1.438
acres). The owners of the property propose to
complete a minor lot adjustment separating the
hotel building from its parking lot to create two
lots of record (Parcels A& B) to allow for the
development of a new mid-priced hotel
(Hampton Inn & Suites). The existing Quality
Inn hotel will then be situated on a parcel of
land with a lot width of 83.97 feet (along South
Gulfview Boulevard) and 27,446 square feet in
lot area (0.63 acres)(see Agenda Item D2).
The proposed Hampton Inn & Suites will be
located on a parcel that consists of the Quality Inn's former parking lot with a lot width of
164.03 feet (along Gulfview Boulevard) and 35,174 square feet of lot area (0.80 acres).
The proposal is to demolish the Quality Inn's parking lot to redevelop the property with a 116-
unit overnight accommodation use. The building will be fifteen stories with a base foot print of
21,866 square feet. The building will be of a tropical modern architecture, a Key West Coastal
Design, which is appropriate for the waterfront property and compliments the Florida coastal
vernacular envisioned by Beach by Design.
The first five stories will be a parking garage consisting of a total of 245 parking spaces,
approximately fifty parking spaces per level. The existing Quality Inn and proposed Hampton
Inn & Suites will share the off-street parking spaces located in the garage through a shared
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parking and access agreement. Guests of both
hotels will access the parking garage from South
Gulfview Boulevard through a shared driveway
to the garage entrance. The ground level will
have eight designated check-in parking spaces. A
ground floor elevator lobby in the parking garage
will take Hampton Inn guests to the main lobby,
administrative offices, and hotel registration on
the sixth floor. This proposal also includes a
ground-level pool located to the south of the hotel
building adjacent to the Clearwater Pass beach
area. The sixth floor wi11 also have 3,400 square
feet of amenities located in the hotel that consists
of a breakfast area, two meeting rooms, a
business center, suit shop, and a fitness center.
The sixth floor will also have 10,713 square foot
terrace that includes outdoor seating areas and a
bar that will overlook Clearwater Pass and the Gulf of Mexico.
The seventh through eleventh floors wi11 be 9,023 square feet and mostly consist of hotel rooms.
The twelfth through fifteenth floors will consist of hotel rooms with floor areas ranging between
8,623 square feet of area and 7,969 square feet of area. The building will be 150 feet in height
from base flood elevation to the roof slab and 166 feet to the top of building which is a small
elevator shaft tower.
The materials and color of the building support the tropical modern architecture and its natural
surroundings. The base of the building (parking garage) will be a brown color with a White
Duck (white) architectural details. The remainder of the building will be painted Ambitious
Amber (light beige) with White Duck (white) architectural details. The various tower roofs and
main roof will be standing seam metal material colonial red in color. Proposed canopies along
the first floor wi11 be colonial red in color to match the roof color. The window mullions and
balconies will be white in color.
The proposal is to construct a 116-unit overnight accommodation use at a density of 143.74 units
per acre, which includes the allocation of 76 units from the Hotel Density Reserve under Beach
by Design. Also on this CDB agenda is a companion Development Agreement (DVA2013-
11002) that must be approved by City Council, which provides for the allocation of the 76 units
from the Hotel Density Reserve. This Development Agreement provides for the mandatory
evacuation/closure of the hotel in the event of the posting of a hurricane watch including
Clearwater Beach by the National Hurricane Center, which also complies with Beach by Design
criteria. The applicant indicates room rates for this hotel will be between $89-$160 range. It
also complies with the Beach by Design criteria that access to all rooms be through a lobby and
internal corridors.
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The subject development proposal is located in the Clearwater Pass character district established
in Beach by Design. Beach by Design anticipates that properties located in the Clearwater Pass
District will renovate and revitalize in response to improving conditions on Clearwater Beach.
This project is such a proposal which is consistent with the vision for the district. The
development of a mid-priced hotel on the subject property is also consistent with surrounding
development in this character district.
Community Development Code (CDC) Section 4-407 specifies that an application for a building
permit must be submitted within one year of the date the CDB approves the project, unless
otherwise specified under this approval.
Densitv: Pursuant to the Countywide Future Land Use Plan and CDC Section 2-801.1, the
maximum density for properties with a designation of Resort Facilities High is 50 overnight
accommodation units per acre. Based on the proposed minor lot adjustment the Hampton Inn &
Suites properry will have 35,174 square feet of land area (0.80) acres zoned Tourist District, and
a maximum of 40 overnight accommodation units are permissible under current regulations. The
proposal also requests 76 hotel rooms from the Hotel Density Reserve, adopted as an amendment
to Beach by Design under Ordinance 7925-08. The overall density for this project is 143.74
overnight accommodation units/rooms per acre, which is below the maximum of 150 units per
acre established in Beach by Design for projects that have acquired units from the Hotel Density
Reserve.
Impervious Surface Ratio (ISR� Pursuant to CDC Section 2-801.1, the maximum allowable
LS.R. is 0.95. The proposed LS.R. is 0.89, which is consistent with the Code provisions.
Minimum Lot Area and Width: Pursuant to CDC Table 2-803, there are no minimum lot area
and lot width for Comprehensive Redevelopment Infill Projects; however, the minimum lot area
for overnight accommodations can range between 10,000 — 20,000 square feet. The proposed
Hampton Inn & Suites property will consist of 35,174 square feet of lot area. Pursuant to the
same Table, the minimum lot width for overnight accommodations can range between 100 — 150
feet. The proposed minor lot adjustment will create a parcel with a lot width of 164.03 feet along
South Gulfview Boulevard. While the proposal is a Comprehensive Infill Redevelopment Project
use, the proposed parcel of land complies with the lot width and area standards established for
overnight accommodation uses.
Minimum Setbacks: Pursuant to CDC Table 2-803, there are no minimum front, side, and rear
setbacks for Comprehensive Redevelopment Infill Projects; however, the minimum front setback
for overnight accommodations can range between 0— 15 feet and the minimum side setback can
range between 0— 10 feet. The development proposal includes a front (north) setback of 0.8 feet
(to proposed structure) and 4.8 feet (to proposed building); side (east) setbacks of zero feet (to
proposed pavement and canopy), two feet (to proposed building), and 13.4 feet (to proposed
building); side (west) setbacks of zero feet (to proposed pavement) and eight feet (to proposed
building); rear (south) setbacks of zero feet (to proposed pavement and planters), 2.9 feet to
proposed (proposed paver pool deck), 14.6 feet (to proposed pool), and 20.6 feet ( to proposed
building).
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An underlying aspect of this proposed development project is the approval of the proposed minor
lot adjustment necessary to create the separate parcel of land to allow for the Hampton Inn &
Suites to be built. As noted earlier, although there are no minimum lot width and lot area
requirements for a Comprehensive Infill Redevelopment Project, the proposed Hampton Inn &
Suites parcel will exceed the minimum development standards. The requested setback
reductions are based on location of proposed lot lines to the building's base or the parking
garage. To develop the property with the sufficient number of parking spaces for both hotels, the
parking garage needs to be five levels with approximately 50 parking spaces per level with a
building foot print of 21,866 square feet as well as 21,866 square feet per level. Other front,
side, and rear setbacks are requested which include setbacks to the proposed shared driveway
along the east side of building, a pedestrian walkway along the west side of building, and
setbacks to planters and pool deck along the rear of the property; however, these setback requests
will allow the parking garage to comply with the interior dimensional standards for parking
garages and to meet the standard of 1.2 parking spaces per hotel unit for the each hotel. The
setback requests still allow for landscaping along the front and west side to soften the scale and
proximity of the building to pedestrians either on the public right-of-way or those using the
pathway between the Hampton Inn & Suites building and the Econo Lodge to the west. Staff
supports the requested setbacks reductions which will a11ow for an overnight accommodation on
the beach with adequate parking on site.
Maximum Buildin� Hei�ht: Pursuant to CDC Table 2-803, the maximum allowable height for
overnight accommodations can range between 35 — 100 feet. The proposed building is 150 feet
in height from Base Flood Elevation (BFE) to the flat roof, which is above the Code maximum;
however, as this properry is located within the Clearwater Pass character district of Beach by
Design and the owners are requesting 76 hotel rooms from the Hotel Density Reserve, as set
forth in Beach by Design Section B.2, the maximum height of the hotel can be 150 feet in height
provided that there is no more than one other building more than 100 feet in height within 500
feet of the proposed development site. According to City records, the only building within 500
feet of the proposed Hampton Inn & Suites site that exceeds 100 feet in height in the Continental
Towers which is located approximately 136 feet to the south west of the proposed site.
The building elevation plans show an overall building height of 166 feet. The Code makes
allowances for mechanical equipment enclosures and elevator rooms to project sixteen feet
above the roo£ The proj ect includes an elevator tower which permits the addition sixteen feet in
height; therefore, the overall height of the hotel complies with Code.
Minimum Off-Street Parkin�: Pursuant to CDC Table 2-803, the number of parking spaces shall
be determined by the community development coordinator based on the specific use and or ITE
manual standards. The minimum required parking for overnight accommodations is 12 parking
spaces per unit, or a minimum of 139 parking spaces for the Hampton Inn & Suites hotel with
116 hotel rooms. The proposal includes constructing two surface level parking spaces on site
and a garage with 245 parking spaces for the use of the proposed Hampton Inn & Suites and
adjacent existing Quality Inn hotel. An additional five surface parking spaces will be located on
the Quality Inn site for an overall total of 250 parking spaces for both properties. The number of
hotel rooms for both hotels will be 207 rooms which require 248 parking spaces. The plans show
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that 252 parking spaces at a ratio of 12 spaces per unit will be provided. The proposal is
compliant with this Code provision.
The proposal includes 3,400 square feet of amenities located in the hotel on the sixth floor that
consists of a breakfast area, two meeting rooms, a business center, suit shop, and a fitness center.
The sixth floor will also have 10,713 square foot terrace that includes outdoor seating areas and a
bar that will overlook Clearwater Pass and the Gulf of Mexico. Code requires additional parking
spaces if interior accessory uses square footage exceeds fifteen percent of the overall gross floor
area of the building. The square footage of the interior amenities is less than fifteen percent of
the overall gross floor area of the hotel; therefore, as set forth in CDC Section 2-803.L11, no
additional parking spaces are necessary.
As stated above, the proposed Hampton Inn & Suites and existing Quality Inn hotel will share
the proposed seven surface parking spaces, 245 parking spaces located within the parking
garage, pedestrian access to and from the garage on both properties, and driveway access to and
from the parking garage. Prior to the issuance of a certificate of Occupancy, the owners shall
submit evidence of a recorded shared parking, pedestrian, and access agreement between the
Hampton Inn & Suites and Quality Inn properties.
Mechanical Ec�ui�ment: Pursuant to CDC Section 3-201.D.1, all outside mechanical equipment
must be screened so as not to be visible from public streets and/or abutting properties. There will
be mechanical equipment located on top of the flat roof slab that will be completely screened by
an eight foot in height roof enclosure. No other mechanical equipment is shown on the plans;
however, if additional equipment is added later, it will be reviewed at the time of submission for
a building permit. The location and screening of inechanical equipment complies with this Code
provision.
Si�ht Visibilitv Trian _�les: Pursuant to CDC Section 3-904.A, to minimize hazards at the
driveway on South Gulfview Boulevard, no structures or landscaping may be installed which
will obstruct views at a level between 30 inches above grade and eight feet above grade within
20-foot sight visibility triangles. Approximately 12.5 square feet of area of the hotel building is
proposed within the sight visibility triangles. To reduce potential pedestrian-automobile conflict
at the driveway entrance, the applicants propose to install decorative red colored pavers with a
distinctive pattern to provide a visual mark to pedestrians using the public right-of-way, clearly
identifying the entrance. Shrubbery planted within the sight visibility triangles will need to be
maintained to meet the Code requirements. Nevertheless, the encroachments have been reviewed
by the City's Traffic Engineering Department and been found to be acceptable, because the
applicant will provide other pedestrian and vehicular warning devices such as traffic signals or
flashing warning signs at the driveway entrance to the site.
Utilities: Pursuant to CDC Section 3-911, for development that does not involve a subdivision,
all utilities including individual distribution lines must be installed underground unless such
undergrounding is not practicable. Electric and communication lines for this hotel will be
installed underground on-site in compliance with this requirement. Electric panels, boxes and
meters are proposed to be located on the fifth level of the parking garage within an enclosed
room. The proposal complies with this Code provision.
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The site plans shows a portion of the building will be built in a Florida Power Corporation
easement. Prior to the issuance of any permits, the applicant shall provide documentation that
the easement is vacated or that Florida Power Corporation approves of the construction in the
easement.
Landsca�in�: Pursuant to CDC Section 3-1202.D, there are no perimeter buffers required in the
Tourist District for this overall site; however, pursuant to CDC Section 3-1202.E.2, foundation
plantings sha11 be provided for 100 percent of a building facade with frontage along a street
right-of-way, excluding space necessary for building ingress and egress, within a minimum five-
foot wide landscaped area.
The applicant has requested a reduction to the foundation landscaping from five feet to 4.8 feet
thorough the Comprehensive Landscape Program. The proposal includes foundation plantings
along the north building farade along South Gulfview Boulevard within a five foot wide
landscaped area except for the northeast corner of the property where the location of the building
reduces the width of the landscaped area to 4.8 feet. The foundation planting area will be
planted with palm trees, beach naupaka, and green carpet natal plum. The underplantings will not
interfere with the proposed window canopies or shutters on the north farade, and the foundation
landscaping should provide adequate visual relief from the scale of the parking levels and
structures. All landscaping plants and trees shall be Florida Grade #1 plant material with an
automatic irrigation system.
Solid Waste: Hotel housekeeping staff wi11 remove trash from units and transport the trash to the
trash chute room on the sixth floor. Trash will travel down the chute to the trash room located on
the first level of the parking garage. The trash room will be equipped with a garage door that
will allow Solid Waste access to the trash room from South Gulfview Boulevard. The proposal
has been found to be acceptable by the City's Solid Waste Department.
Si�na�e: The proposal includes a monument-style sign along South Gulfview Boulevard;
however, no detail of the proposed sign was included in the site plans. No signage is being
reviewed as a part of this development application. Any monument sign shall not exceed six feet
in height per parcel for development in the Tourist District. Any proposed signage shall be
reviewed by Staff to ensure the signs comply with Code requirements through a separate sign
permit or be reviewed through a Comprehensive Sign Program application.
Additional Beach bv Design Guidelines: As previously noted, Section B2 allows for a
maximum height of 150 feet in height from the base flood elevation for overnight
accommodations provided that there is no more than one other building more than 100 feet in
height within 500 feet of the proposed development site. According to City records, the only
building within 500 feet of the proposed Hampton Inn & Suites site that exceeds 100 feet in
height in the Continental Towers which is located approximately 136 feet to the south west of the
proposed site whereby the proposed height is compliant with the guidelines.
Section B.3. requires that the floorplate of any portion of the building that is between forty-five
feet and one hundred feet in height will be no greater than 25,000 square feet except for
structures open the public. The sixth floor, seventh floor, eighth floor, ninth floor, and tenth
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floor are the floor levels that make up the floorplates between forty-five feet and one hundred
feet. The sixth floor will have 11,209 square foot of floor area. The seventh through tenth floors
will be 9,023 square feet of floor area. Each of these floor levels comply with the guidelines. The
guidelines also require that the floor levels between one hundred feet and one hundred fifty feet
have floorplates no greater than 10,000 square feet. The eleventh floor starts at one hundred feet;
it will be 9,023 square feet and the twelfth floorplate will be 8,623 square feet. The thirteenth,
fourteenth, and fifteenth floorplates will be 7,696 square feet. The gradual reduction in floor
area per level creates a wedding cake affect as required. The proposed building is in compliance
with the guidelines.
Section C.l requires buildings with a footprint of greater than 5,000 square feet to be constructed
so that no more than two of the three building dimensions in the vertical or horizontal planes are
equal in length. The proposed building footprint is approximately 21,866 square feet. The
project's overall horizontal plane dimensions are approximately 129 feet along South Gulfview
Boulevard, 245 feet along the west side of the properry, 220 feet along the east side of the
property, while the vertical plane is approximately 163.1 feet from grade to the top of the tallest
roo£ None of these dimensions are equaL Modulation of the building massing, especially on the
eastern and southern farade, also provides considerable dimensional variation.
Section C2 requires no plane or elevation to continue uninterrupted for greater than 100 feet
without an offset of more than five feet. All facades of the building greater than 100 feet in
length include a minimum of one vertical stepback per farade to be consistent with the
aforementioned provision.
Section C.3 requires at least 60 percent of any elevation to be covered with windows or
architectural decoration. The applicant has calculated the total square footage shown in the
following table:
The above table outlines the percentages which are consistent with the aforementioned provision.
Section C.4 states that no more than 70 percent of the theoretical maximum building envelope
located above forty-five feet will be occupied if the property is located between Gulfview
Boulevard and the Gulf of Mexico. In addition, the parcel must be less than 2.0 acres and obtain
rooms from the Hote1 Density Reserve. The applicant has calculated the overall proposed
building mass above 45 feet at 28.7 percent. The proposed theoretical building envelop complies
with this Beach by Design guideline.
Community Development Board — January 15, 2013 �f@CTl �$ J
FLD2012-11024 — Page 7
Attachment number 3 \nPage 9
Level II Flexibl� Develo ment A licatian Review PL.�n�nG a DEVELOrn-¢nr
P PP �EV�LOr�N7xFVt�w�tvtstoN
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Section L.l requires finish materials and building colors to reflect Florida or coastal vernacular
themes. The materials and color of the building support the tropical modern architecture and its
natural surroundings. The base of the building (parking garage) will be brown color with White
Duck (white) architectural details. The remainder of the building will be painted Ambitious
Amber (light beige) with White Duck (white) architectural details. The various tower roofs and
main roof will be standing seam metal material colonial red in color. The window mullions and
balconies will be white in color.
In addition, Section L.l requires all awnings to contain a minimum of at least three distinct
colors where bright colors shall be limited to trims and accents. Proposed awnings along the first
floor will be only one color, colonial red to match the roof color. The applicants shall revise the
color of proposed the awnings to meet the minimum three distinct colors as set forth in
guidelines.
Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated
with the subject property.
COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the
consistency of the development proposal with the standards as per CDC Section 2-801.1 and
Table 2-803 and Beach by Design;
Standard Proposed Consistent Inconsistent
Density 50 units/rooms per acre 116 units/rooms (143.74 units X
(max. of 40 room per acre: requesting 76
units/rooms) rooms through Beach by Design
Hotel Density Reserve)
Impervious Surface Ratio 0.95 0.89 X
Minimum Lot Area N/A 35,174 square feet X
Minimum Lot Width N/A 164.03 feet X
Minimum Setbacks Front : N/A (Hotel) North: 0.8 feet (to pavement) X
4.8 feet (to building)
Side: N/A (Hotel) West Zero feet (to pavement) X
8 feet (to building)
East Zero feet (to pavement) X
13.4 feet (to building)
Rear N/A (hotel) South: Zero feet (to pavement) X
20.6 feet (to building)
Maximum Height 150 feet from BFE 150 feet (from BFE to top of roof X
through Beach by slab) and 166 feet (to top of
Design elevator room)
Minimum N/A 247 parking spaces X
Off-Street Parkin
Community Development Board — January 15, 2013 �f@CTl �$ J
FLD2012-11024 — Page 8
Level II Flexible Develapment Applicatian Revi�w
Attachment number 3 \nPage 1i
PL.�1vING & DEVELOPri4ENT
DEVPLOPMENT REVIEW DIVISION
COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the
consistency of the development proposal with the Flexibility criteria as per CDC Section 2-803.0
(Comprehensive Infill Redevelopment Project):
l. The development or redevelopment is otherwise impractical without deviations from
the use and/or development standards set forth in this zoning district.
2. The development or redevelopment will be consistent with the goals and policies of
the Comprehensive Plan, as well as with the general purpose, intent and basic
planning objectives of this Code, and with the intent and purpose of this zoning
district.
3. The development or redevelopment will not impede the normal and orderly
development and improvement of surrounding properties.
4. Adjoining properties will not suffer substantial detriment as a result of the proposed
development.
5. The proposed use shall otherwise be permitted by the underlying future land use
category, be compatible with adjacent land uses, will not substantially alter the
essential use characteristics of the neighborhood; and shall demonstrate compliance
with one or more of the following objectives:
a. The proposed use is permitted in this zoning district as a minimum standard,
flexible standard ar flexible development use;
b. The proposed use would be a significant economic contributor to the City's
economic base by diversifying the local economy or by creating jobs;
c. The development proposal accommodates the expansion or redevelopment of
an existing economic contributor;
d. The proposed use provides far the provision of affordable housing;
e. The proposed use provides for development or redevelopment in an area that is
characterized by other similar development and where a land use plan
amendment and rezoning would result in a spot land use or zoning designation;
or
f. The proposed use provides for the development of a new and/or preservation of
a working waterfront use.
6. Flexibility with regard to use, lot width, required setbacks, height and off-street
parking are justified based on demonstrated compliance with all of the following
design objectives:
a. The proposed development will not impede the normal and orderly
development and improvement of the surrounding properties for uses permitted
in this zoning district
b. The proposed development complies with applicable design guidelines adopted
by the Ciry;
c. The design, scale and intensity of the proposed development supports the
established or emerging character of an area;
d. In order to form a cohesive, visually interesting and attractive appearance, the
proposed development incorporates a substantial number of the following
design elements:
❑ Changes in horizontal building planes;
❑ Use of architectural details such as columns, cornices, stringcourses,
pilasters, porticos, balconies, railings, awnings, etc.;
❑ Variety in materials, colors and textures;
❑ Distinctive fenestration patterns;
❑ Building step backs; and
❑ Distinctive roofs forms.
e. The proposed development provides for appropriate buffers, enhanced
landscane desi�n and annronriate distances between buildin�s.
i See discussion below
Consistent Inconsistent
X
X
X
XI
X
C�
Community Development Board — January 15, 2013 �f@CTl �$ J
FLD2012-11024 — Page 9
Level II Flexible Develapment Application Review
Attachment number 3 \nPage 1
PL.�1vING & DEVELOPri4ENT
DPVPLOPMENT REVIE�TJ DI VISION
The applicant states that adjoining properties will not suffer substantial detriment as a result of
the proposed development. Sight lines from the existing Quality Inn were taken into account and
helps shape the form of the Hampton Inn parking garage. Sight lines were preserved from the
balconies to the beach A conditioned space for the trash room inside the parking garage will
control the olfactory concerns and noise will be handled by the owner and his operational
control.
In regards to the adjacent Econo Lodge properry, the visual impact has been lessened as much as
possible by providing the required ten foot setback from the subject property line along the west
side property line where the Econo Lodge building is directly affected by the Hampton Inn
building.
The site plan also shows that a landscape promenade will be provided between the buildings.
Any music playing from the proposed Hampton Inn sixth floor terrace will be coming from two
stories above the last habitable floor of the Econo Lodge; any speakers will be directed to the
site's patrons and not the neighbors. Hours of operation will coincide with the city's Code of
Ordinances which regulates the times of bar operations. Mechanical equipment is buffered and
concealed within the mansard screening roof level above the fifteenth floor. As noted above,
conditioned space for the trash room inside the parking garage will control the olfactory
concerns.
Staff agrees with the applicant's statements above as well as their statement regarding the side
(west) setback Although, the request requires a side (west) setback of eight feet, the reduction to
setback is towards the front of the property not near the area of the property where the Hampton
Inn building will be nearest to the Econo Lodge building. The applicant is providing the
standard ten foot side (west) setback along most of the west properry line where the Econo
Lodge building is built directly on the property line.
COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The
following table depicts the consistency of the overnight accommodation use with the General
Standards for Level Two Approvals as per Section 3-914.A., CDC:
l. The proposed development of the land will be in harmony with the scale, bulk,
coverage, density and character of adjacent properties in which it is located.
2. The proposed development will not hinder or discourage development and use of
adjacent land and buildings or significantly impair the value thereof.
3. The proposed development will not adversely affect the health or safety of persons
residing or working in the neighborhood.
4. The proposed development is designed to minimize traffic congestion.
5. The proposed development is consistent with the community character of the
immediate vicinity.
6. The design of the proposed development minimizes adverse effects, including
visual. acoustic and olfactorv and hours of oneration imnacts on adiacent nronerties.
Community Development Board — January 15, 2013
FLD2012-11024 — Page 10
Consistent Inconsistent
X
X
X
X
X
X
��11�:��
Level II Flexible Develapment Applicatian Review
Attachment number 3 \nPage 1;
PL.�1vING & DEVELOPri4ENT
DPVPLOPMENT REVIP�TJ DI VISION
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of December 6, 2012, and deemed the development proposal to be sufficient to
move forward to the Community Development Board (CDB), based upon the following findings
of fact and conclusions of law:
Findin�s of Fact
The Planning Department, having reviewed all evidence submitted by the applicant and
requirements of the Community Development Code, finds that there is substantial competent
evidence to support the following findings of fact:
1. The 0.80 acre subject properry is located on the south side of South Gulfview Boulevard
approximately 997.97 feet west of Gulf Boulevard;
2. The subject property is currently developed with a 91-room hotel (Quality Inn) and its
associated parking lot;
3. That the subject property is located in the Tourist (T) District and the Resort High Facilities
(RFH) future land use plan category;
4. That the subject properry is located in the Clearwater Pass District of Beach by Design and is
subject to all applicable requirements set forth therein;
5. The owners of the property propose to complete a minor lot adjustment separating the
Quality Inn hotel building (Parcel A) from its parking lot to create two lots of record to allow
for the development and the Hampton Inn & Suites (Parcel B);
6. The proposed Hampton Inn & Suites parcel will have a lot width of 164.03 feet along South
Gulfview Boulevard and a lot area of 35,174 square feet;
7. The proposal is to construct a mid-priced 116-unit overnight accommodation use at a density
of 143.74 units/acre, which includes the allocation of 76 units from the Hotel Density
Reserve under Beach by Design;
8. A companion Development Agreement (DVA2012-11002) that must be approved by City
Council is also on this CDB agenda, provides for the allocation of the 76 units from the Hotel
Density Reserve;
9. The hotel is proposed at a height of 150 feet from the Base Flood Elevation (BFE) to the roof
slab and 166 feet to top of elevator room;
10. That the hotel is allowed a height of 150 from BFE provided the Development Agreement
allocating rooms from the Hotel Density Reserve is approved by City Council;
11. That the hotel will be only one of two buildings within five hundred feet of the project site
with a height of 100 feet as set forth in Beach by Design guidelines;
12. That the hotels floorplates between forty-five feet and one hundred feet will be less than
25,000 square feet as set forth in Beach by Design guidelines;
13. That the hotels floorplates between one hundred feet and one hundred fifty feet will be less
than 10,000 square feet as set forth in Beach by Design guidelines;
14. That no more than two of three building dimensions of the hotel in the vertical or horizontal
planes are equal in length as set forth in Beach by Design guidelines;
15. That all of the hotels facades greater than 100 feet in length include one vertical stepback per
farade as set forth in Beach by Design guidelines;
16. That the maximum building envelope above forty-five feet of the hotel will be 28.7 percent,
less than the allowable 70 percent as set forth in the Beach by Design guidelines;
Community Development Board — January 15, 2013 �f@CTl �$ J
FLD2012-11024 — Page 11
Attachment number 3 \nPage 1;
Level II Flexible Develo ment A licatian Review PL.�n�nG a DEVELOrn-¢nr
P pp DPVPLOPMENTREVIEWDIVISION
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17. That the proposal includes large expanses of windows, canopies, shutters, balconies and
finishes commonly found in the tropical vernacular such as ambitious amber and standing
seam metal roofs;
18. The first five levels of the hotel will provide a total of 245 parking spaces with two surface
parking spaces on site with driveway access onto South Gulfview Boulevard;
19. The proposed Hampton Inn & Suites properry will share parking and driveway access with
the existing Quality Inn hotel;
20. The proposal includes a front (north) setback of 0.8 feet (to proposed structure) and 4.8 feet
(to proposed building); side (east) setbacks of zero feet (to proposed pavement and planters),
two feet (to proposed building), and 13.4 feet (to proposed building); side (west) setbacks of
zero feet (to proposed pavement) and eight feet (to proposed building); rear (south) setbacks
of zero feet (to proposed pavement and planters), 2.9 feet to proposed (proposed paver pool
deck), 14.6 feet (to proposed pool), and 20.6 feet ( to proposed building);
21. That the maximum allowable LS.R. is 0.95. The proposed LS.R. is 0.89;
22. That the request includes a reduction to the required foundation landscaping width from five
feet to 4.8 feet;
23. That a portion of the proposed building will be built in a Florida Power Corporation
easement;
24. There is no outstanding Code Enforcement issues associated with the subject property.
Conclusions of Law
The Planning and Development Department, having made the above findings of fact, reaches the
following conclusions of law:
1. That the development proposal is consistent with the Standards as per Community
Development Code Tables 2-801.1 and 2-803;
2. That the development proposal is consistent with the Flexibility criteria as per Community
Development Code Section 2-803.C;
3. That the development proposal is consistent with the General Standards for Level Two
Approvals as per Community Development Code Section 3-914.A;
4. That the development proposal is consistent with the Clearwater Pass character district of
Beach by Design; and
5. That the development proposal is consistent with the Design Guidelines of Beach by Design.
Based upon the above, the Planning and Development Department recommends APPROVAL of
the Flexible Development application to permit a 116-room overnight accommodation use in the
Tourist (T) District with a lot area of 35,174 square feet (0.80 acres), a lot width of 164.03 feet
along South Gulfview Boulevard, front (north) setbacks of zero feet (to pavement) and 4.8 feet
(to building), side (east) setbacks of zero feet (to pavement and canopy) and two feet (to
building), side (west) setbacks of zero feet (to pavement) and 8 feet (to building), rear (south)
setbacks of zero feet (to pavement) and 20.6 feet ( to building); a building height of 150 feet
(from Base Flood Elevation to roof slab) and 166 feet (to elevator shaft room); and 247 off-street
parking spaces as a Comprehensive Infill Redevelopment Project pursuant to Community
Development Code Section 2-803.D; and an increase in the maximum allowable density through
the allocation of 76 overnight accommodation units from the Hotel Density Reserve created
pursuant to Beach by Design, as well as a reduction to the required foundation landscaping width
along South Gulfview Boulevard from five feet to 4.8 feet as part of a Comprehensive Landscape
Community Development Board — January 15, 2013 �f@CTl �$ J
FLD2012-11024 — Page 12
Attachment number 3 \nPage 1�
Level II Flexible Develo ment A licatian Review PL.�n�nG a DEVELOrn-¢nr
P pp ��v�LOr�N7x�vt�w�tvtstoN
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Program pursuant to Community Development Code Section 3-1202.G., subject to the following
conditions of approval:
Conditions of A�roval:
1. That approval of this Flexible Development case is subject to the approval of a Development
Agreement with the City (Case DVA2012-11002);
2. That a minor lot adjustment plat as approved by the Community Development Board shall be
recorded and submitted prior to the issuance of any permit;
3. Prior to the issuance of any permits, the applicant shall provide documentation that the
Florida Power Corporation easement is vacated or that Florida Power Corporation approves
of the construction in the easement;
4. That a demolition permit be obtained for the removal of all structures a part of the Hampton
Inn & Suites development proposal;
5. That no permits be issued for the Hampton Inn & Suites properry until appropriate cross
access and shared parking agreements serving the Hampton Inn & Suites property and the
Quality Inn property (FLD2012-11023/DVA2012-11001) are recorded in the public records;
6. That prior to the issuance of a Certificate of Occupancy, cross easements for drainage, fire
systems, maintenance etc. be recorded in the public records;
7. That the final design and color of the building be consistent with the elevations approved by
the CDB;
8. That the awning colors be revised to meet the guidelines which state that awnings shall be a
minimum of three distinct colors as set forth in Beach by Design;
9. That any future freestanding signage must be monument-style meeting Code requirements
and be designed to match exterior materials and color of the building. Any proposed signage
for the hotel shall be reviewed and approved by Staff through a separate sign permit;
10. That all landscaping plants and trees shall be Florida Grade #1 plant material with an
automatic irrigation system;
11. That the books and records pertaining to use of each hotel room be open for inspection by
authorized representatives of the City, upon reasonable notice, in order to confirm
compliance with the Hotel Density Reserve criteria of Beach by Design as allowed by
general law;
12. That prior to the issuance of a Certificate of Occupancy, a hurricane evacuation plan for the
Hampton Inn & Suites hotel be submitted and approved by the City for all Guests;
13. That prior to the issuance of any building permits, the location and visibility of electric
equipment (electric panels, boxes and meters) be reviewed and, if located exterior to the
building where visible from any street frontage, be painted the same color as the portion of
the building to which such features are attached;
14. That prior to the issuance of any building permits, any applicable Public Art and Design
Impact Fee be paid;
15. That prior to the issuance of any building permits all Parks and Recreation fees be paid;
16. That prior to the issuance of any building permits, all requirements of General Engineering,
Stormwater Engineering, and Traffic Engineering shall be addressed;
17. That prior to the issuance of any building permits, a11 comments from the Fire Department
shall be addressed;
18. That prior to the issuance of any Certificate of Occupancy, all utilities, including individual
distribution lines serving this development within the right-of-way along the east side of
Community Development Board — January 15, 2013 �f@CTl �$ J
FLD2012-11024 — Page 13
Attachment number 3 \nPage 1;
Level II Flexible Develo ment A licatian Review PL.�n�nG a DEVELOrn-¢nr
P pp DEVPLOPMENTREVIEWDIVISION
�;.r.a„wa�r�v,�lrxa,:fa����,;,s� ° rs �,.�.r.,u...s.,.,z�ik „�„ a,,,,;;,, ,,,, ,,�, . ., . .. . .. ..
South Gulfview Boulevard, as applicable, must be installed underground unless
undergrounding is not practicable;
19. That prior to the issuance of any building permits, the Fire Department may require the
provision of a Water Study performed by a Fire Protection Engineer in order to ensure that an
adequate water supply is available and to determine if any upgrades are required by the
developer due to the impact of the project. The water supply must be able to support the
needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required,
then the water supply must be able to supply 150% of its rated capacity; and
Prepared by Planning and Development Department Staff:
Kevin W. Nurnberger, Planner III
ATTACHMENTS: Photographs of Site and Viciniiy
Community Development Board — January 15, 2013 �f@CTl �$ J
FLD2012-11024 — Page 14
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Attachment number 6 \nPage 1
Exhibit "C"
COVENANT REGARDING HURRICANE EVACUATION
And DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS
("Declaration") is made as of the day of , 2012, by Clearwater Grande
Holdings LLC ("Developer").
Developer is the owner of fee simple title to the real property described in
Schedule 1 attached hereto and made a part hereof (hereinafter, the (" Real Property").
The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to
designate Clearwater Beach as a Community Redevelopment District pursuant to the
Pinellas County Planning Council Rules in order to implement the provisions of "Beach
by Design," a plan for the revitalization of Clearwater Beach. The designation of
Clearwater Beach as a Community Redevelopment District (the "Designation") provides
for the allocation of Hotel Density Reserve Units as an incentive for the development of
mid-sized quality hotels. Pursuant to the Designation, the allocation of Hotel Density
Reserve Units is subject to compliance with a series of performance standards, including
a requirement that resorts containing a hotel developed with Hotel Density Reserve Units
shall be closed and all Guests evacuated from such resorts as soon as practicable after the
National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The
purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance
of the period of time when a hurricane evacuation would be expected in advance of the
approach of hurricane force winds.
The City has granted, by City Council Resolution , passed and approved on
, 2012, Developer's application for Hotel Density Reserve Units pursuant to
the Designation, subject to Developer's compliance with the requirements of the
Designation. Developer desires for itself, and its successors and assigns, as owner, to
establish certain rights, duties, obligations and responsibilities with respect to the use and
operation of the Real Property in accordance with the terms and conditions of the
allocation of the Hotel Density Reserve Units to the City and the Designation, which
rights, duties, obligations and responsibilities shall be binding on any and all successors
and assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions here in set forth
and to be observed and performed, and in further consideration of the allocation of Hotel
Density Reserve Units to Developer, and other good and valuable consideration, the
sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and
agrees as follows:
Benefit and Enforcement. These covenants and restrictions are made for
the benefit of Developer and its successors and assigns and shall be enforceable by them
I[�'ii�:�7
Attachment number 6 \nPage 2
and also for the benefit of the residents of the City and shall be enforceable on behalf of
said residents by the City Council of the City.
2. Covenant of Development, Use and Operation. Developer hereby
covenants and agrees to the development, use and operation of the Real Property in
accordance with the provisions of this Declaration.
2. 1 Use. The use of the resort on the Real Property is restricted as
follows:
2.1.1 A minimum of Seventy-Six units, which is the number of
hotel units allocated to Developer, shall be used solely for transient
occupancy of one month or thirty (30) consecutive days or less,
must be licensed as a public lodging establishment and classified
as a hotel, and must be operated by a single licensed operator of
the hotel. No such hotel unit shall be used as a primary or
permanent residence.
2.12 All other 40 units shall be licensed as a public lodging
establishment. No unit shall be used as a primary or permanent
residence.
2.13 As used herein, the terms "transient occupancy," "public
lodging establishment," " hotel," and "operator" shall have the
meaning given to such terms in Chapter 509, Part I, Florida
Statutes (2004).
2.2 Closure of Improvements and Evacuation. The Hotel developed on the
Real Property shall be closed as soon as practicable upon the issuance of a hurricane
watch by the National Hurricane Center, which hurricane watch includes Clearwater
Beach, and all Hotel guests, visitors and employees other than emergency and security
personnel required to protect the resort, shall be evacuated from the Hotel as soon as
practicable following the issuance of said hurricane watch. In the event that the National
Hurricane Center shall modify the, terminology employed to warn of the approach of
hurricane force winds, the closure and evacuation provisions of this Declaration shall be
governed by the level of warning employed by the National Hurricane Center which
precedes the issuance of a forecast of probable landfall in order to ensure that the guests,
visitors, and employees will be evacuated in advance of the issuance of a forecast of
probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance of
all building permits required to build the project ("Project") and Developer's
commencement of construction of the Project, as evidence by a Notice of
Commencement for the Project. This Declaration shall expire and terminate
automatically if and when the allocation of Reserve Units to the Developer expires or is
terminated.
I[�'ii�:�7
Attachment number 6 \nPage 3
4 Governin� Law. This Declaration shall be construed in accordance with
and governed by the laws of the State of Florida.
5 Recordin�. This Declaration shall be recorded in the chain of title of the
Real Property with the Clerk of the Courts of Pinellas County, Florida.
6 Attornevs' Fees. Developer shall reimburse the City for any expenses,
including reasonable attorneys' fees, which are incurred by the City in the event that the
City determines that it is necessary and appropriate to seek judicial enforcement of this
Declaration and the City obtains relief, whether by agreement of the parties or through
order of a court of competent jurisdiction.
7 Severabilitv. If any provision, or part thereof, of this Declaration or the
application of this Declaration to any person or circumstance will be or is declared to any
extent to be invalid or unenforceable, the remainder of this Declaration, or the application
of such provision or portion thereof to any person or circumstance, shall not be affected
thereby, and each and every other provision of this Declaration shall be valid and
enforceable to the fullest extent permitted by law.
[Remainder of this page is blank—signature page follows]
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Attachment number 12 \nPage
Looking west at proposed location of Hampton Inn
Looking south at subjectproperty and adjacent Econo
Lodge
Looking northeast from rear of property at Quality
Looking north across subject towards South Gulfview
Looking west along South Gulfview from subject
properry.
Looking east along S. Gulfview from subject property
635 South Gulfview Boulevard
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Civil
' ':,and Planning
Due DiliT;ence Reports
Re-Zoning, Land Usc�, Annexation
Stormwater Management
�Jtility Design
HAMPTON INN AND SUITES �PROPOSED� iraffic
Construction e��dministration
635 — GULFVIEW BOULEVARD� CLEARWATER BEACH
NARRATIVE
Description of Request
The Applicant, Clearwater Grande Development, LLC. proposes to subdivide the subject
site and redevelop the area of land currently utilized as a surface parking lot into a new
116 unit hotel, including 76 units from the Beach by Design Hotel Density Reserve. The
subject property is an aggregate of 0.81 acres and is bounded by Clearwater Pass to the
south, Gulfview Boulevard to the north, Econo Lodge hotel to the west and by the
existing Quality Inn hotel to the east.
The proposed project includes a structured parking garage, designed to serve both the
new proposed Hampton Inn and Suites in addition to the neighboring existing Quality Inn
to the east.
Specifically, the Applicant requests flexible development approval to permit 116
overnight accommodation units in the Tourist District, which includes an increase in
density of 76 overnight accommodation units from the Beach by Design Hotel Density
Reserve, with
a. a Lot Area of 0.81 (mol) acres (35,174 square feet);
b. a Lot Width of 164 feet on Gulfview Boulevard;
c. a maximum Building Height (above BFE) of 150' to roof deck, mid-
pt of inechanical mansard 156' -2 13/16" and 166' to the top of the
elevator tower;
d. a front (North) setback along Gulfview Boulevard of 4.8' to the
building, 1.8' to the canopy and 0.8' to the entry canopy;
e. a side (West) interior setback of 10' to the building, 8' to the
decorative banding and 6.8' to the canopy;
f. a side (East) interior setback of 2' to the building (St" floor), 10.1' to
the canopy, and 5.3' to the pool; and a 0' setback to the entry canopy
and surface parking pavement;
g. a rear (South) waterfront setback of 20.6' to the building, 2.9' to the
pool deck and 14.6' to the pool;
h. Providing 252 Parking Spaces;
i. Flexibility to the minimum standards for Sight Visibility Triangles on
Gulfview Boulevard; and
j. a Twenty (20) year Development Agreement
as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-
803.0 of the Development Code with a reduction to the landscape requirements through a
Comprehensive Landscape Application to allow a reduction to the foundation planting
from 5' to 4.80'. Additionally, the Applicant request approval of a Development
Agreement which sets forth terms of use associated with the 76 rooms from the Beach
by Design Hotel Density Reserve.
3q0 South B�Icher Road
Ciearwater, Florida 33i65
t�ch�northsicie�r�gineeringseevices.corn
727 443 2869 Fax 727 446 8036
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Discussion
The site is located within an area designated by Beach by Design as the "Clearwater
Pass District " Beach by Design identifies this as a distinctive area, offering a diversity
of uses including high rise condominiums, resort hotels, hotels, motels, retail and
restaurant uses. Beach by Design contemplates that the `�Clearwater Pass District" will
be an area of strategic revitalization and renovation in the response to improving
conditions on the balance of Clearwater Beach.
Beach by Design identifies a disparity between hotels and condominiums, and strongly
encourages mid-priced hotel development. Beach by Design indicates Clearwater Beach
can support an addition 1,385 hotel rooms and further provides increased densities
through the Hotel Density Reserve to aide in achieving the additional mid-priced hotel
units on Clearwater Beach.
The new Hampton Inn and Suites will be located within the area of the site that is
currently being utilized as a surface parking lot in association with the existing Quality
Inn hotel.
NOTE: Application(s), Site Plan and Narrative simultaneously submitted in
association with the existing Quality Inn located at 655 - Gulfview Blvd. The parcels
associated with both the proposed Hampton Inn & Suites and the existing Quality Inn are
under the same ownership control.
Proposed Use
The proposed Hampton Inn with 116 overnight accommodation units will offer
reasonable room rates, appropriate for mid-priced family vacations. The design provides
a 10 story hotel over 5 levels of parking. The proposed parking structure is designed to
accommodate both hotels (the new proposed Hampton Inn and Suites as well as the
existing Quality Inn.)
General Applicabilitv Criteria
1. The proposed development of the land will be in harmony with the scale,
bulk, coverage, density and character of adjacent properties in which it is
located.
The properties adjacent to the proposed development consist of mid-rise hotel
developments five (5) stories in height, providing surface parking lots with
minimal side setbacks to building and pavement as was typical for construction in
the early 1970's. The high rise Continental Towers Condominium is located just
east of the Quality Inn site and consists of a twelve (12) story building, providing
surface parking spaces and carports placed at minimal setback to property line and
street.
The proposed development plan meets the scale bulk, coverage and density
allowance as outlined within the Beach by Design criteria associated with hotel
development within this area of Clearwater Beach.
Although current development trends and allowances are very different from
those of the 1970's the proposed hotel will offer a similar use to those
surrounding uses, provides a building similar in height of the near by Continental
Towers. The proposed development offers minimal setbacks as is common for
the beach and similar to the adjacent sites. The proposed hotel development plan
will be harmonious and similar to the adjacent properties and is in keeping with
the character of the vicinity.
2. The proposed development will not hinder or discourage the appropriate
development and use of adjacent land and buildings or significantly impair
the value thereof.
The proposed improvements will not discourage appropriate development and use
of the adjacent land and buildings, the area is already developed and the value of
adjacent and surrounding properties will not be compromised. The adjacent
properties are built close to the property lines similar to the proposed
development; the proposed building design provides stepbacks, changes in
plane, decorative bandings and canopies to mitigate any impact on the
surrounding sites as required by Beach by Design criteria.
The development proposal will further enhance this area of the Beach in a number
of ways, including:
1. A nationally-recognized hotel chain will attract guests who will become
patrons of Beach restaurants, shops and tourist attractions, offering support to
many local businesses.
2. The property value will significantly increase.
3. The proposed architecture and landscape design will significantly enhance the
area.
4. Mid-priced hotel accommodations on Clearwater Beach with adequate
parking will meet a current need of the City.
5. The construction associated with the new hotel will meet current building
codes.
6. The proposed hotel will contribute to the City's economic base and will create
j obs.
3. The proposed development will not adversely affect the health or safety of
persons residing or working in the neighborhood of the proposed use.
The proposed hotel development will comply, as required, with all applicable
codes including the Florida Building Code, the Life Safety Code and the Florida
Fire Prevention Code.
Through this development plan a single shared access point is proposed; the
access point is existing and will serve both the existing Quality Inn and the
proposed Hampton Inn and Suites. Improvements to safety of pedestrians,
bicyclist and motorist is achieved through the deletion of the existing most
western access point; this access point will be limited to the Sanitation
Department vehicles for trash staging and pick up.
The proposed parking structure is designed to accommodate hotel guests of both
the existing Quality Inn and the proposed Hampton Inn and Suites including
access to the garage that is internal to the site.
4. The proposed development is designed to minimize traffic congestion.
The design provides parking which is primarily internal to the building, is
appropriately screened and is architecturally integrated into the design of the
building. Valet service is provided in addition to several surface "guest spaces"
intended to allow short term (30 min) parking and designated "Check-In" spaces
within the garage providing further mitigation of traffic related issues.
Adequate access, signage and parking are provided within the design to insure
smooth traffic flow at the entrance of the sites along Gulfview Boulevard. Trafiic
impacts as a result of the proposed mid-sized hotel of 116 units will be minimal; it
is anticipated that nearby intersections and adjacent roadways will continue to
operate at acceptable levels of service after the proposed improvements are
completed. Please see formal Traffic Impact Study for additional information.
5. The proposed development is consistent with the community character of the
immediate vicinity of the parcel proposed for development.
The south side of Gulfview Boulevard is primarily comprised of high rise
condominiums, hotels and resorts similar to the proposed development.
The immediate vicinity is comprised of varying character, heights and uses; from
one and two story overnight accommodations and retail uses, to high rise hotels
and condominiums. The proposed hotel is consistent with the surrounding and
nearby uses and the character of the community, providing an appropriately
scaled development for the Clearwater Pass District of Clearwater Beach.
6. The design of the proposed development minimizes adverse effects, including
visual, acoustic and olfactory and hours of operation impacts, on adjacent
properties.
The development proposal will improve the visual appeal of the property, offering
a Key West Coastal Architectural design which is appropriate and aesthetically
pleasing for this waterfront property. The proposed building design provides
stepbacks, changes in plane, decorative bandings and canopies to mitigate any
impact on the surrounding sites as required by Beach by Design criteria.
The proposed trash collection area is screened and climate controlled and will not
negatively impact the passerby whether on a visual or olfactory basis. Adequate
parking with parking control is provided and will minimize congestion. The
proposed parking structure is appropriately shielded from the street and waterfront
by its design to blend seamlessly with the rest of the hotel, and the architectural
components of the building provide desired buffering and minimize all activities
associated with the hotel operation at street level.
The proposed hours of operation associated with the pool and outdoor areas will
be similar to the surrounding hotels. Specific hours of operation for these areas
are not yet known but will obviously be within the limits of code as well as the
Hampton Inn guests. The Hampton Inn franchise maintains a tight control on
operations, the comfort of their guests is of the highest priority which will
translate into being an excellent neighbor.
COMPREHENSIVE INFILL REDEVELOPMENT - PROJECT CRITERIA
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from the intensity and
development standards.
The proposed deviations from Code are necessary and the minimum required to
re-develop the site with a mid-priced hotel utilizing the Hotel Density Reserve.
Certain deviations are necessary to accommodate the restoration of mid-priced
hotel rooms as desired and envisioned by Clearwater Ordinance No. 925-08 and
to meet the Beach by Design guidelines.
The proposed hotel complies with the Beach by Design guidelines to the fullest
extent possible providing balconies along facades, and a generous stepbacks along
the elevations. The architectural design introduces a mixture of colors, textures
and details with tropical landscaping provided along the street frontage where
possible. The design incorporates a stepped massing approach which is reinforced
by the tiered balconies and multiple elegantly scaled roof elements. The garage is
also articulated with decorative openings, canopies and shutters which create an
elegant pedestrian environment. The garage is highly articulated and will be
perceived as an elegant building and not a garage.
Height
Flexible Development Standards for the Tourist District allow flexible height of
between 35'-50' with the additional height allowances through Beach by Design
superseding the district regulations.
The proposed height of the building is within the allowable limits contained
within Beach by Design. The proposed height of 147' 10" to the roof deck meets
the height guidelines prescribed within Beach by Design, the proposed mid-sized
hotel is appropriate for the site and surrounding properties. The proposed height
is the minimum necessary to achieve the required number of rooms for a viable
mid-priced hotel project, the required parking levels to accommodate the hotel
and the sites location within a flood zone.
The proposed hotel meets the separation requirements contained within Beach by
Design in association with buildings over 100'. The area is primarily comprised
of buildings nine stories or lower and are at or below 100' in height (from BFE).
The Continental Towers to the east and the 440 West Condominium to the west
are over 100' and within 800' of the project area which meets the requirements of
separation contained within Beach by Design.
Setbacks
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environment; the proposed design offers reduced building setbacks along the
street frontage with the remaining areas in-filled with tropical plantings adjacent
to the right-of-way. A setback of 10' is provided within the internal western side
yard with reduced setback between the two hotel sites sharing the parking garage
structure, driveway and walkways within the internal east side yard. The proposed
design will enhance and promote a pedestrian-friendly environment as desired by
Beach by Design.
Si�ht Visibilitv Triangles
A request for flexibility with regard to sight visibility triangles at the driveway
along Gulfview Blvd. is requested; the applicant intends to work with the
Transportation Division to install safety measures (such as signage and pavement
markings) to insure adequate visibility for the safety of motorists, pedestrians and
guests.
2. The development or redevelopment will be consistent with the goals and
policies of the Comprehensive Plan, as well as with the general purpose,
intent and basic planning objectives of this code, and with the intent and
purpose of this zoning district.
The proposed redevelopment will provide a highly desired use which contributes
to the city economy; overnight accommodation uses are allowed in the "Resort
Facilities High" land use category and are consistent with the goals of the
Comprehensive plan and Beach by Design.
Applicable Comprehensive Plan Goals/Policies/Objectives include but are not
limited to:
A.6.6 Objective - Tourism is a substantial element of the City's economic base
and as such the City shall continue to support the maintenance and enhancement
of this important economic sector.
A.6.7 Objective - Redevelopment activities shall be sensitive to the city's
waterfront and promote appropriate public access to the city's waterfront
resources.
Beach by Design Marine District prefers hotel uses and specially envisioned mid-
sized hotels. The availability of updated affordable overnight accommodations is
integral to the success of tourism, both locally to Clearwater Beach and the
Community as a whole. The proposed waterfront hotel promotes tourism
activities and enjoyment of our natural resources.
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development and improvement of surrounding properties.
The proposed development is compatible with the neighborhood, as is more
particularly discussed in General Applicability Criteria 1 and 2 together with
Comprehensive Infill Criteria 4 below, and will not impede other development.
The proposed redevelopment project will benefit the community as a whole and
this district. The proposed hotel may encourage additional investment and
improvement to the surrounding properties.
4. Adjoining properties will not suffer substantial detriment as a result of the
proposed development.
Adjoining properties will not suffer substantial detriment as a result of this
proposal. The proposed overnight accommodation use is an allowable use and is
well established within the neighborhood and district. The proposal includes
many improvements such as, providing a new updated structure which meets
current building codes, FEMA regulations, fire and ADA requirements; the site
improvements include provisions for appropriate parking spaces and access which
will greatly improve the safety of motorist and pedestrians, residents and visitors
alike. Responsible site drainage, appropriate setbacks and tropical landscaping
will provide further benefits to the neighborhood and community.
5. The proposed use shall otherwise be permitted by the underlying future land
use category, be compatible with adjacent land uses, will not substantially
alter the essential use characteristics of the neighborhood; and shall
demonstrate compliance with one or more of the following objectives:
a. The proposed use is permitted in this zoning district as a minimum
standard, flexible standard or flexible development use;
b. The proposed use would be a significant economic contributor to the
City's economic base by diversifying the local economy or by creating
jobs;
c. The development proposal accommodates the expansion or
redevelopment of an existing economic contributor
d. The proposed use provides for the provision of affordable housing
e. The proposed use provides for development or redevelopment in an
area that is characterized by other similar development and where a
land use plan amendment and rezoning would result in spot land use
or zoning designation;
f. The proposed use provides for the development of a new and/or
preservation of a working waterfront use
The "Resort Facility High" land use category and the "Tourist" zoning district
both nermit overni�ht accommodation uses: the district allows overni�ht
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proposed mid-priced hotel will be a significant economic contributor to the City,
promoting tourism and will generate new jobs for the community.
6. Flexibility with regard to use, lot width, required setbacks, height, and off-
street parking are justified based on demonstrated compliance with all of the
following design objectives:
a. The proposed development will not impede the normal and orderly
development and improvement of the surrounding properties for uses
permitted in this zoning district;
Overnight accommodation uses are permitted in the Tourist (T) zoning
district without special approval. As the surrounding properties are made
up of overnight accommodations, high rise condominiums and various
retail and restaurant establishments the proposed hotel will not impede
normal and orderly development and improvements of the surrounding
properties as previously discussed within General Applicability Criteria 2.
b. The proposed development complies with applicable design guidelines
adopted by the City;
Through appropriate site and architectural design the proposed
development complies with the design guidelines contained within Beach
by Design by:
• Providing an architectural design which offers breaks in the
fa�ades with balconies, windows and a generous stepback along
the west elevation. Further providing varying roof lines and a Key
West Coastal design with a mixture of color, texture and details.
All plan planes in the building are broken up at a minimum of
every 100'. At least sixty percent of each elevation is covered with
windows or architectural decoration.
• Offering tropical plantings in all available areas to improve the
pedestrian environment, utilizing drought tolerant multi-level
plantings which will thrive within the Clearwater Beach
environment.
• Proposing a hotel use which is an appropriate use for the area;
• Providing adequate parking within a parking structure including a
shared parking arrangement to allow the highest and best use of
this very valuable and visible site. The design of the proposed
development meets the goals and objectives of Beach by Design.
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the established or emerging character of an area;
The emerging character of area is varying and transitional as newer and
older developments exist, the area primarily offers overnight
accommodation, condominiums and retail/service uses of similar scale and
intensity.
Please see additional discussion under General Applicability Criteria 1.
d. In order to form a cohesive, visually interesting and attractive
appearance, the proposed development incorporates a substantial
number of the following design elements:
• Changes in horizontal building planes
� Use of architectural details such as columns, cornices,
stringcourses, pilasters, porticos, balconies, railings, awnings,
etc.
• Variety of materials and colors
• Distinctive fenestration patterns
• Building stepbacks; and
• Distinctive roof forms
The above elements are incorporated into the architectural design as
shown on the building elevation. The design provides changes in the
horizontal plane through locations of balconies, windows and architectural
details.
A significant building step-back is offered along Gulfview Boulevard and
to the west Econo Lodge site. Beginning on the six floor, the strategic
location of Amenity level creates this large change in the building plane
and mass as prescribed by Beach by Design. The architectural design
offers a variety of materials, colors, and textures, tile covered, distinctive
and varying roof forms are also provided to compliment the Key West
Coastal design of the building.
e. The proposed development provides for appropriate buffers,
enhances landscape design and appropriate distances between
buildings.
The proposed buffers and setbacks provide appropriate buffers and
distances between buildings; the development provides a shared parking
structure with access which is internal to the site. The landscape design
will present an inviting tropical appearance and meets the intent of Beach
by Design.
Beach bv Design
The proposed 116-unit hotel, including 76 units from the Beach by Design Hotel Density
Reserve is below the density allowed by Beach by Design offering 143.74 units per acre wl�ere
150 units per acre is permitted.
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' community character; the building is in scale to its height and length and offers the desiired
elements of step-backs, balconies, changes in plane, massing and floor plates. The vvest
elevation provides a substantial change in setback with an inset of over 30' in the upper flaors
near the West end of the building, step-backs are also provided at both stair towers with openings
for the garage providing additional breaks in the western plane. The North elevation, adjacenrt to
Clearwater Harbor provides a highly articulated building base with changes in elevation be;ing
accomplished through Trim bands, canopies, and decorative shutters.
The proposed development is compatible with the neighborhood, as is more particuls�rly
discussed in General Applicability Criteria 1 and 2 together with Comprehensive Infill Criter.ia 4
above.
The existing dimensions of the right of way and curb locations make providing expan:;ive
sidewalks difiicult in this area of the Beach. The site design provides adequate and appropriate
sidewalks while providing the desired reduced building setbacks and landscaping. The str�eet-
level fa�ade offers the desired architectural details and elements so the parking garage is not
readily apparent as desired by the Design Guidelines. The new proposed tropical landsca�ing
will offer an enhanced streetscape.
Please see Architectural Plans for additional illustrative evidence of compliance with the
Design Guidelines contained within Beach by Design.
Hampton Inn and Suites CLW BCH revised 11.08.12 by Renee Ruggiero/rmr
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:2/21/2013
Approve amendments to the Community Development Code addressing encroachments into setbacks and rights-of-way, the
Comprehensive Sign Program, nonconforming lots and plans review fees; approve an amendment to the Clearwater Code of
Ordinances addressing board attendance and pass Ordinance 8371-13 on first reading.
SUMMARY:
The Clearwater Business Task Force (BTF) was established on April 7, 2011 by the City Council to provide feedback on the
current rules and regulations affecting businesses and business development. The BTF submitted its �nal report to City Council on
August 29, 2011. The report consisted of 71 recommendations to change public perceptions about being business friendly,
streamline development application processes and enable greater signage flexibility. City staff reviewed each of the
recommendations and presented to City Council ideas as to how some of them may be adopted as well as a prospective timeframe
for these adoptions to occur.
At the direction of the City Council, staff has previously prepared two text amendments to the Community Development Code
(CDC) addressing some of the recommendations of the BTF as well as a few amendments proposed by staff. These changes were
reviewed by the Community Development Board (CDB) at its meetings of December 20, 2011 and July 17, 2012, and the Board
recommended the approval of each ordinance. The City Council has subsequently passed and adopted each of the ordinances at its
meetings of February 2, 2012 and September 6, 2012.
Staff is now proposing a third text amendment to address one further recommendation of the BTF, as well as additional items
proposed by staf£ Below is a summary of the substantive amendments included in the ordinance.
• Expands upon the allowance of building projections into setbacks and rights-of-way where the projections is af�xed solely
to the building and not directly af�xed to the ground to include balcony projections, but only when in the Downtown (D)
District and only when the associated use is an Indoor Recreation/Entertainment facility with a minimum of 650 seats;
• Replaces an incorrect reference within the recently adopted sign code with the correct calculation method for freestanding
signs, which is what was intended to be referenced;
• Makes clear that building permits will not be issued for unlawfully created lots;
• Makes clear that nonconfarming lots cannot be subdivided and confarming lots cannot be subdivided in such a manner that
renders them, or any structures thereon, nonconforming;
• Allows those projects using a private plan review provider for the review of the Building, Plumbing, Mechanical and
Electric trades may have their plans review fee reduced by a maximum of 25% (recommendation of the Business Task
Force); and
• Modifies the Code of Ordinances to provide an exception to the excessive absences definition for those absences due to
military related commitments.
Review Approval:
Cover Memo
��11�:��
Attachment number 1 \nPage 1
ORDINANCE NO. 8371-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 9,
GENERAL APPLICABILITY STANDARDS, SECTION 3-908,
PERMITTED ENCROACHMENTS INTO SETBACKS AND OVER
STREET RIGHTS-OF-WAY, TO ALLOW FOR BALCONY
ENCROACHMENTS IN THE DOWNTOWN (D) DISTRICT FOR INDOOR
RECREATION/ENTERTAINMENT USES; AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, DIVISION 18, SIGNS, SECTION 3-808,
COMPREHENSIVE SIGN PROGRAM, TO CORRECTLY STATE THE
FREESTANDING SIGN CALCULATtON METHOD FOR THE
COMPREHENSIVE SIGN PROGRAM; AMENDING ARTICLE 6,
NONCONFORMING PROVISIONS, SECTION 6-106,
NONCONFORMING LOTS, TO ADDRESS ILLEGALLY CREATED
NONCONFORMING LOTS; AMENDING APPENDIX A, SCHEDULE OF
FEES, RATES AND CHARGES, V., BUILDINGS AND BUILDING
REGULATIONS, TO ALLOW FOR A 25-PERCENT REDUCTION IN
PLANS REVIEW FEES FOR PROJECT USING A PRIVATE PLAN
REVIEW PROVIDER; AND MAKING AN AMENDMENT TO THE CODE
OF ORDINANCES BY AMENDING PART II — CODE OF ORDINANCES,
CHAPTER 2- ADMINISTRATION, ARTICLE III — APPOINTED
AUTHORITIES, BOARDS, COMMITTEES, DIVISION 1— GENERALLY,
SEC. 2.066 — ATTENDANCE BY MEMBERS AT MEETINGS, TO
EXCLUDE MILITARY RELATED COMMITMENTS FROM BEING
CONSIDERED EXCESSIVE ABSENCES; CERTIFYING CONSISTENCY
WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER
ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code on
January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, since the effective date of the new Community Development Code, the City
of Clearwater has reviewed numerous development proposals in all of the new zoning districts
in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of
review, and
WHEREAS, the prior adopted Ordinance No. 8343-12 included an incorrect reference to
a calculation method, and
WHEREAS, the City of Clearwater desires for the Community Development Code to
function effectively and equitably throughout the City, and
WHEREAS, the City of Clearwater has determined where the Community Development
Code needs clarification and revision, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORI DA:
I[�'ii�:��
Attachment number 1 \nPage 2
Section 1. That Article 3, Development Standards, Division 9, General Applicability
Standards, Section 3-908, Permitted encroachments into setbacks and over street rights-of-
way, Community Development Code, be, and the same is hereby amended to read as follows:
Section 3-908. Permitted encroachments into setbacks and over street rights-of-way.
Certain building and other projections shall be permitted to extend into setback areas and may
be permitted to encroach over street rights-of-way as follows:
A. Building projections which are affixed solely to the building and not directly affixed to the
ground such as building fascias, roof overhangs, eaves, canopies other than
freestanding canopies, awnings, marquees, and other similar projections, shall be
permitted to project into required setbacks as specified below.
1. In the Tourist, Commercial and Downtown Districts, such projections shall be
limited to ten feet and shall be permitted into any required setback and over
street rights-of-way provided a clearance of eight feet over grade is maintained.
In no case shall such projection be closer than five feet from the curbline or the
shoulder of the roadway. Any awning with supports may be located up to the
property line and any awning that projects into a right-of-way shall be
cantilevered.
2. In all other districts, such projects shall be limited to 40 percent of the setback or
ten feet, whichever is less.
B. The roof fascia of a freestanding canopy shall be set back a minimum of ten feet from a
street right-of-way boundary and any side and rear property line. The supporting posts or
columns of a freestanding canopy shall not encroach into required structural setbacks.
No part of a freestanding canopy shall encroach into or over a street right-of-way.
C. Open or unenclosed fire escapes and outside stairways shall be permitted to extend into
a required setback area not more than three feet provided through access is not
obstructed.
D. , , ,
n.,+ .,h�+,-, �..+o.�
1. Balconies, decks, bav windows, and similar features that linearlv extend 50
percent or less of the width of the buildinq wall to which they are attached shall
be permitted to extend into a required setback area not more than 24 inches
provided throuqh access is not obstructed.
2. In the Downtown District, when associated with an Indoor
Recreation/Entertainment use that has a minimum of 650 seats, balconies shall
be permitted to encroach into riqhts-of-wav provided a clearance of eiqht feet
over qrade is maintained. In no case shall such encroachment be closer than
two feet from the curbline or the shoulder of the roadway.
Section 2. That Article 3, Development Standards, Division 18, Signs, Section 3-808,
Comprehensive Sign Program, Community Development Code, be, and the same is hereby
amended to read as follows:
Section 3-1808. Comprehensive sign program.
����������
C. Flexibility criteria.
����������
Ordinance No. 8371-13
Item # 6
Page 2
Attachment number 1 \nPage 3
4. Height, area, number and location of signs. The height, area, number and
location of signs permitted through the Comprehensive Sign Program shall be
determined by the Community Development Coordinator based on the following
criteria: overall size of site, relationship between the building setback and sign
location, frontage, access and visibility to the site, intended traffic circulation
pattern, hierarchy of signage, scale and use of the project, consistency with
Beach by Design, Clearwater powntown Redevelopment Plan or any other
applicable special area plan and submittal of a master sign plan for the
development parcel/project. Additionally, the maximum permitted sign area shall
be based on the following formula when evaluated against the above criteria:
a. Attached signs — The maximum area permitted for attached signage shall
range from one percent up to a maximum of six percent of the building
facade to which the sign is to be attached. In no event shall the size of an
attached sign exceed two hundred square feet. For regional malls, the
maximum size of any attached sign that is otherwise allowed shall not
exceed six percent of the building facade facing the street, but in no case
more than three hundred square feet.
b. Freestanding signs — The maximum permitted area of all freestanding
signs on a site shall not exceed the range of sign area permitted by the
street frontage or building facade calculation methods set forth �� ��n
� Qn� Q �,. ��n,� ��. belOw:
i. One square foot per two linear feet of street frontaqe; or
ii. One square foot per 100 square feet of buildinq fa�ade facinq
street frontaqe.
����������
Section 3. That Article 6, Nonconforming Provisions, Section 6-106, Nonconforming
Lots, Community Development Code, be, and the same is hereby amended to read as follows:
A. No principal use or structure shall be established on a lot of record unless the lot
conforms to the lot area and lot width requirements in this Development Code for the
zoning district in which it is located, except in accordance with the provisions of this
section.
B. A principal use or structure may be established on a residential lot of record that was
legally in existence prior to March 8, 1999 even though the lot is nonconforming with the
lot area and lot width requirements in this Development Code for the zoning district in
which it is located, provided that a Level One (minimum standard) approval is obtained.
A Level One (flexible standard) approval shall be required only if required setbacks
cannot be met. The applicant for a Level One (flexible standard) approval shall
demonstrate the following:
1. The lot was a lawfully created lot. If the lot was created before 1982, then it is
automatically considered to be lawful. If the lot was created after 1982, to be a
lawfully created lot, it must have been created by an approved plat in accordance
with the City Code; and
2. Upon adoption of this Development Code, the lot is not held in common
ownership with any abutting land which, in combination with the lot in question,
would create a building site meeting the lot area and lot width requirements of the
zoning district; or
Item # 6
Ordinance No. 8371-13 Page 3
Attachment number 1 \nPage 4
3. The lot has not been previously developed in combination with an adjacent lot;
and
4. If the lot is proposed for a detached dwelling, the dwelling is developed in
conformity with the other development standards of the zoning district in which it
is located.
C. No permit shall be issued for any unlawfully created lot.
D. Except in the instance that a Level One or Level Two approval is obtained prior, no
nonconforminq lot mav be subdivided, and no conforminq lot mav be subdivided in such
a manner that renders it, or any structures thereon, nonconforminq to the requirements
in this Development Code for the zoninq district in which it is located and any such
subdivision shall constitute a violation of this Development Code.
Section 4. That Appendix A, Schedule of Fees, Rates and Charges, V., Buildings
and Building Regulations, Community Development Code, be, and the same is hereby
amended to read as follows:
V. BUILDINGS AND BUILDING REGULATIONS (§ 47.087):
Permit fees and charges:
(1) Permits and fees and charges, in general; exceptions:
(a) Permits are generally not required for carpeting, painting, wallpapering, paneling
over existing walls, and tile, nor where the valuation of labor, materials, and all
other items does not exceed $500.00 and the work or operation is of casual,
minor, inconsequential nature, and does not violate any city codes or ordinances,
or is exempt pursuant to Chapter 75-489, Laws of Florida (Special Acts), Section
25.
(b) Valuations for all construction shall be based on the contract value. The current
Southern Building Code Congress International's valuation tables may be used if
no contract is submitted with the permit application.
(c) Plans review fees will be reduced by 25 percent for those proiects usinq a private
provider of plan review services, pursuant to Florida Statutes, to review the
Buildinq, Plumbinq, Mechanical and Electrical trades.
(sd) Where no permit fee is stated, the same shall not be interpreted as an intention
to waive any requirement for a permit or fees for a permit that may be stated
elsewhere in the city's Code of Ordinances.
(�e) Prior to starting any electrical, gas, plumbing, mechanical, roofing or other work
under a combination permit, the contractor or the subcontractor engaged to do
the work shall file with the Planning and Development Services Administration a
form showing the name and certification number of the subcontractor, the
subcontractor's occupational license number, the combination permit number, the
job address, and other related information as may be required by the Planning
and Development Services Administration. Failure to file such form or provide
such information shall be cause for the refusal of inspection services, and the
issuance of a correction notice with the appropriate fee.
����������
Section 5. That Code Of Ordinances, Part II — Code of Ordinances, Chapter 2-
Administration, Article III — Appointed Authorities, Boards, Committees, Division 1— Generally,
Item # 6
Ordinance No. 8371-13 Page 4
Attachment number 1 \nPage 5
Sec. 2.066 — Attendance by Members at Meetings, be, and the same is hereby amended to
read as follows:
Sec. 2.066. - Attendance by members at meetings.
(1) Except as may otherwise be provided by law, or when due to militarv related
�2)
commitments, a member of any board may be removed by the city manager for
excessive absences. "Excessive absences" shall mean:
(a) For a board which meets monthly on a regular basis, more than four absences,
excused or unexcused, in any consecutive 12-month period.
(b) For a board which meets less often than monthly on a regular basis, more than
three absences, excused or unexcused, in any consecutive 12-month period.
(c) For a board which meets more often than monthly on a regular basis, more than
five absences, excused or unexcused, in any consecutive 12-month period.
(d) For a board which meets quarterly on a regular basis, more than one absence,
excused or unexcused, in any consecutive 12-month period.
The staff liaison for each board shall notify the city clerk of any board member having a
record of excessive absences. The city clerk will notify the city manager and request
direction regarding the removal of such board member.
Section 6. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 7. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 8. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 9. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 10. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Ordinance No. 8371-13
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
Item # 6
Page 5
f
I� �I' � �� i !�� � ��
MEETING DATE:
AGENDA ITEM:
CASE:
ORDINANCE NO.:
REQUEST:
INITIATED BY:
Attachment number 2 \nPage 1
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
December 18, 2012
E. 1.
Ta2o12-l000s
8371-13
Amendments to the Community Development Code - Ordinance Number 8371-13
City of Clearwater, Planning and Development Department
BACKGROUND:
The Clearwater Business Task Force (BTF) was established on Apri17, 2011 by the City Council
to provide feedback on the current rules and regulations affecting businesses and business
development. The BTF submitted its final report to City Council on August 29, 2011. The
report consisted of 71 recommendations to change public perceptions about being "business
friendly", streamline development application processes and enable greater signage flexibility.
City staff reviewed each of the recommendations and presented to City Council ideas as to how
some of them may be adopted as well as a prospective timeframe for these adoptions to occur.
At the direction of the City Council, staff has previously prepared two text amendments to the
Community Development Code (CDC) addressing some of the recommendations of the BTF as
well as a few amendments proposed by staf£ These changes were reviewed by the Community
Development Board (CDB) at its meetings of December 20, 2011, and July 17, 2012, and the
Board recommended the approval of each ordinance. The City Council has subsequently passed
and adopted each of the ordinances at its meetings of February 2, 2012, and September 6, 2012.
Staff is now proposing a third text amendment to address one further recommendation of the
BTF, as well as additional items proposed by staff.
ANALYSIS:
Proposed Ordinance No. 8371-13 includes amendments addressing several different sections of
the CDC. As noted above, one of these amendments was recommended by the BTF while the
balance is being initiated by staff.
1. Encroachments Into Setbacks and Rights-Of-Way [page 2 of OrdinanceJ
The proposed amendment expands upon the allowance of balcony encroachments into
setbacks to include balcony encroachments into rights-of-way, but only when in the
Downtown (D) District and only when the associated use is an Indoor
Recreation/Entertainment facility with a minimum of 650 seats. The amendment also
requires a minimum clearance of eight feet over grade and limits the encroachment so that it
would be no closer than two feet from the curb.
I[�'ii�:��
Attachment number 2 \nPage 2
Level II Flexible Develo ment A licatian Review P�NNING & DEVELOPMENT
P pp DEVELOPMENT REVIEW DIVISION
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2. Comprehensive Sign Program [pages 2 and 3 of OrdinanceJ
This proposed amendment is corrective in nature. The amendments to the sign code
previously passed as part of Ordinance No. 8343-12 included an incorrect reference for the
calculation of allowable sign area for freestanding signs through the Comprehensive Sign
Program. This amendment replaces that incorrect reference with the correct calculation
method, which is consistent with the means previously included in the sign code and as was
intended to be referenced.
3. Nonconforming Lots [pages 3 and 4 of OrdinanceJ
This amendment clearly spells out two issues with regard to nonconforming 1ots. Firstly, that
building permits will not be issued for unlawfully created lots. Any lot not created in a
manner consistent with the provisions set forth in Section 6-106.B., CDC, or via another
legal manner such as a plat, will not be issued permits for the construction of any
improvements thereon. Secondly, that nonconforming lots cannot be subdivided and
conforming lots cannot be subdivided in such a manner that renders them, or any structures
thereon, nonconforming.
4. Plans Review Fees [page 4 of OrdinanceJ
The Business Task Force recommended that the City should offer a 50% discount on the
plans review fees when developers use private plans review services. While the discount
proposed was determined to be too great, the idea itself was found to be supportable. This
amendment proposes that those projects using a private plan review provider for the review
of the Building, Plumbing, Mechanical and Electric trades may have their plans review fee
reduced by a maximum of 25%.
5. Board Attendance [pages 4 and S of OrdinanceJ
This amendment recognizes the fact that members of the various City boards may have
commitments or obligations to our county's military and that those obligations should not be
held against them with regard to attendance at meetings. As such, this amendment modifies
the Code of Ordinances to provide an exception to the "excessive absences" definition for
those absences due to military related commitments.
CRITERIA FOR TEXT AMENDMENTS:
Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All
text amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goal, Objective and
Policy which will be furthered by the proposed Code amendments:
Goal A.3 The City of Clearwater shall ensure that all development or redevelopment
initiatives meet the safety, environmental, and aesthetic needs of the City
through consistent implementation of the Community Development Code.
Community Development Board — December 18, 2012 �f@CTl �$ 6
TA2012-10008 — Page 2
Level II Flexible Develapment Application Review
Attachment number 2 \nPage 3
PLANNING & DEVELOPMENT
DEVELOPMENT REVIEW DIVISION
Objective A.3.1 All signage within the City of Clearwater shall be consistent with the
Clearwater sign code, as found within the Community Development Code,
and all proposed signs shall be evaluated to determine their effectiveness
in reducing visual clutter and in enhancing the safety and attractiveness of
the streetscape.
Policy A.5.5.1 Development should be designed to maintain and support the existing or
envisioned character of the neighborhood.
The proposed amendments are intended to clarify or correct various development review
processes or requirements, and facilitate development activities. As such, the above
referenced elements of the Comprehensive Plan will be furthered.
2. The proposed amendment furthers the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the CDC in that it will be
consistent with the following purposes set forth in Section 1-103.
■ It is the purpose of this Development Code to implement the Comprehensive Plan of the
city; to promote the health, safety, general welfare and quality of life in the city; to guide
the orderly growth and development of the city; to establish rules of procedure for land
development approvals; to enhance the character of the city and the preservation of
neighborhoods; and to enhance the quality of life of all residents and property owners of
the city (Section 1-103.A., CDC).
■ Provide for adequate light, air and privacy; secure safety from fire, flood and other
damage; prevent overcrowding of the land and undue congestion of population; and
improve the quality of life for the citizens of the city (Section 1-103.E.1., CDC).
■ Establish zoning districts of a size, type, location and with standards that reflect the
existing and desirable characteristics of a particular area within the city (Section 1-
103.E.8., CDC).
The amendments proposed by this ordinance will further the above referenced purposes by
expanding upon the existing rules of development, as well as clarifying and correcting those
existing rules of development.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with and will
further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
Development Code. Based upon the above, the Planning and Development Department
recommends APPROVAL of Ordinance No. 8371-13 that amends the Community Development
Code.
�� �� �
Prepared by Planning and Development Department Staff:
Robert G. Tefft,
Development Review Manager
ATTACHMENT: Ordinance No. 8371-13
Community Development Board — December 18, 2012 �f@CTl �$ 6
TA2012-10008 — Page 3
City Council Agenda
Council Chambers - City Hall
Meeting Date:2/21/2013
SUBJECT / RECOMMENDATION:
Continue to March 21, 2013: Approve the Annexation of a portion of the road right-of-way located at the intersection of Sunset
Point Road and Hercules Avenue (consisting of a portion of Section 1, Township 29 South, Range 15 East, abutting real property
whose post office address is 1990 Sunset Point Road); and pass Ordinance 8374-13 on first reading. (ANX2012-12006)
SUMMARY:
This annexation petition involves 0.042 acres of a portion of the right-of-way located on the northwest corner of
the intersection of Sunset Point Road and Hercules Avenue. The City of Clearwater is requesting this annexation
in order to ensure that the entire right-of-way at this intersection is within the city's jurisdiction. The property is
contiguous to existing City boundaries to the north, south, east, and west. It is proposed that the property be
assigned a Future Land Use Map designation of Commercial General (CG) and a Zoning Atlas designation of
Commercial (C).
The Planning and Development Department determined that the proposed annexation is consistent with the provisions of
Community Development Code Section 4-604.E as follows:
• The 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.
• The proposed annexation is consistent with the Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
• The property proposed for annexation is contiguous to existing City boundaries to the north, south, east and west; therefore
the annexation is consistent with Florida Statutes Chapter 171.044.
Staff is requesting that this item be continued in order to allow for the accompanying ordinances designating the
land use and zoning be heard at the same meeting, scheduled for March 21, 2013.
Review Approval:
Cover Memo
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LOCAT►ON MAP
Owner: Pinellas County
Site: NW Corner of CR-576 (Sunset Point Rd.) &
CR-425 (Hercules Ave.l
From
To:
Land Use
N/A (County)
N/A (City)
Zoning
N/A (County)
N/A (City)
Case:
R.O.W. Size
(Acres):
PIN:
Atlas Page
ANX2012-12006
[�IiT�
253A
S:�Planning Department\C D B\Annexations (ANX)�Active Cases\Sunset Point Rd ROW near 1990 ANX2012-12006 - City�c}�'m # 7
Clearwater\Maps�ANX20 12-1 2006 Location.doc
Attachment number 1 \nPage 2
AERIAL PHOTOGRAPH
Owner: Pinellas County Case: ANX2012-12006
Site: NW Corner of CR-576 (Sunset Point Rd.) & R.O.W. Size 0.042
CR-425 (Hercules Ave.l (Acresl:
Land Use Zoning
71��
From : N/A (County) N/A (County)
To: N/A (City) N/A (City) I Atlas Page: ( 253A
S:�Planning Department\C D B\Annexations (ANX)�Active Cases\Sunset Point Rd ROW near 1990 ANX2012-12006 - City�c}�'m # 7
Clearwater\Maps�ANX20 12-1 2006 Aerial.doc
Attachment number 1 \nPage 3
Owner:
Site:
From
PROPOSED ANNEXAT►ON MAP
Pinellas County
NW Corner of CR-576 (Sunset Point Rd.) &
CR-425 (Hercules Ave.l
Land Use
N/A (County)
Zoning
N/A (County)
To: N/A (City) N/A (City)
Case:
R.O.W. Size
(Acres):
PIN:
Atlas Page
ANX2012-12006
[�IiT�
253A
S:�Planning Department\C D B\Annexations (ANX)�Active Cases\Sunset Point Rd ROW near 1990 ANX2012-12006 - City�c}�'m # 7
Clearwater\Maps�ANX20 12-1 2006 Proposed Annexation.doc
Attachment number 1 \nPage 4
FUTURE LA ND USE MA P
Owner: Pinellas County Case: ANX2012-12006
Site: NW Corner of CR-576 (Sunset Point Rd.) & R.O.W. Size 0.042
CR-425 (Hercules Ave.l (Acresl:
Land Use Zoning
71��
From : N/A (County) N/A (County)
To: N/A (City) N/A (City) I Atlas Page: ( 253A
S:�Planning Department\C D B\Annexations (ANX)�Active Cases\Sunset Point Rd ROW near 1990 ANX2012-12006 - City�c}�'m # 7
Clearwater\Maps�ANX20 12-1 2006Future Land Use.doc
Attachment number 1 \nPage 5
S:�Planning Department\C D B\Annexations (ANX)�Active Cases\Sunset Point Rd ROW near 1990 ANX2012-12006 - City�c}�'m # 7
Clearwater\Maps�ANX20 1 2-1 2006 Zoning.doc
Attachment number 1 \nPage 6
S:�Planning Department\C D B\Annexations (ANX)�Active Cases\Sunset Point Rd ROW near 1990 ANX2012-12006 - City�c}�'m # 7
Clearwater\Maps�ANX2012-12006 Existing Surrounding Uses.doc
View looking North at Sunset Point Road right-of-way, abutting
1990 Sunset Point Rd.
View looking Northwesterly at intersection of Sunset Point
Road and Hercules Avenue
Attachment number 1 \nPage 7
View looking West at Hercules Avenue right-of-way
ANX2012-12006
City of Clearwater Item # 7
Right-of-Way Abutting 1990 Sunset Point Rd.
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:2/21/2013
Adopt Ordinance 8322-13 on second reading, amending Chapter 32, Code of Ordinances, relating to the collection and treatment
of wastewater and resources with the potential to be reclaimed.
SUMMARY:
Review Approval:
Cover Memo
��Il�:�ij
Attachment number 1 \nPage 1
ORDINANCE NO. 8322-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE COLLECTION AND TREATMENT OF
WASTEWATER AND RESOURCES WITH THE POTENTIAL TO
BE RECLAIMED; AMENDING CODE OF ORDINANCES,
SECTION 32.211, ADDING PROTECTIVE VERBIAGE,
CHANGING DEFINITIONS FOR CLARIFICATION IN FUTURE
SECTIONS, CLARIFYING AUTHORITIES, CHANGING
INDUSTRY TERMINOLOGY; SECTION 32.212, CLARIFYING
PROHIBITIONS, ADDING MORE FLEXIBLE LANGUAGE FOR
OPERATING PARAMETERS, INCORPORATING CHANGES TO
SUB-SECTION OF FAC THAT CLARIFY RESPONSIBILITIES,
INCLUDING BEST MANAGEMENT PRACTICES; SECTION
32.213, CLARIFYING LANGUAGE; INCORPORATING FAC
LANGUAGE CHANGES; SECTION 32.214, CHANGING
SECTION TITLE, ADDING CLARIFYING LANGUAGE; SECTION
32.215, CHANGING SECTION TITLE, ADDING CLARIFYING
LANGUAGE FOR PERMIT WAIVERS AND REDUCED
REPORTING CRITERIA; SECTION 32.216, ADDING
CLARIFYING LANGUAGE, CHANGING CITATION DUE TO THIS
ORDINANCE CHANGE; SECTION 32.217, CORRECTING
SPELLING ERROR; SECTION 32.219, CHANGING LANGUAGE
FOR SIGNIFICANT NON-COMPLIANCE AS REQUIRED BY
REGULATORY AUTHORITIES; SECTION 32.220, CHANGING
CITATIONS DUE TO THIS ORDINANCE CHANGE, CHANGING
LANGUAGE TO IMPROVE READABILITY; SECTION 32.221,
CHANGING LANGUAGE TO COMPLY WITH FAC; SECTION
32.223, ADDING DESCRIPTIVE HEADING, CHANGING
LANGUAGE TO IMPROVE READABILITY; SECTION 32.224,
INCREASING SURCHARGE RATES, INCREASING RATE FOR
NITROGEN, ADDING PROVISION TO ACCEPT NON-SEPTIC
LIQUID WASTE, MOVING FEES TO APPENDIX A(7) ADDING
RATE STRUCTURE FOR NON-SEPTIC HAULED LIQUID
WASTE; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 32.211, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.211. General Provisions.
Item # 8
Ordinance No. 8322-13
Attachment number 1 \nPage 2
(1) Purpose and Policy. This division sets forth uniform requirements for users of the
publicly owned treatment works for the City of Clearwater (the city) and enables the city
to comply with all applicable state and federal laws, including the Clean Water Act (33
United States Code § 1251 et seq.) and the Pretreatment Requirements for Existing and
New Sources of Pollution (Florida Administrative Code FAC 62-625). The objectives of
this division are:
(a) To prevent the introduction of pollutants into the �� �h�;^�„ n�nino�J irooimoni ,�,,,rU�
wastewater facility that will interfere with its operation;
(b) To prevent the introduction of pollutants into the wastewater facility��
,,,�,,,o� irooimoni ,�,�rU� that will pass through the water reclamation facility�j�
,,,�,no,� 4ro�4mon4 ,�,,,r�,�. inadequately treated, into receiving waters, or otherwise be
incompatible with the publicly owned treatment works;
(c) To protect both wastewater facility�� �h�;^�„ n�nino�J irooimoni ,�,,,rU� and personnel
who may be affected by wastewater and sludge in the course of their employment and
the general public;
(d) To maximize, promote and continuously improve opportunities to beneficially use
reclaimed water and residuals. To protect these resources for future uses, which may
not yet be identified, for the maximum beneficial use by the community; T^ nrmm�io
Troo�mon� \/�/nrLc•
�
(e) To provide
maintenance, and
�s; and
for fees for the equitable distribution of the cost of operation,
improvement of the wastewater facility�� �h';^'., ^,^,n°,� +ro�4mon4
(f) To enable the city to comply with its National Pollutant Discharge Elimination
System permit conditions, sludge use and disposal requirements, and any other federal
or state laws to which the wastewater facility�� �h�;^�„ n�nino�J irooimoni ,�,,,rU� is subject.
This division shall apply to all users of the city's wastewater facilities.
The division authorizes the issuance of wastewater discharge permits or qeneral
ep rmits; provides for monitoring, compliance, and enforcement activities; establishes
administrative review procedures; requires user reporting; and provides for the setting of
fees for the equitable distribution of costs resulting from the program established herein.
(2) Administration. Except as otherwise provided herein, the public �s
�iJminio4r�4r�r /�iJminio4r�4r�r\UtIIItIeS director (director), or his/her appointee, shall
administer, implement, and enforce the provisions of this division. Any powers granted
to or duties imposed upon the `��minio4r�4r�rdirector may be delegated by the
o�Jminiciroinrdirector to the pretreatment coordinator (�coordinator) or other city
personnel.
Item # 8
2 Ordinance No.8322-13
Attachment number 1 \nPage 3
The pretreatment proqram shall be based upon the followinq leqal authority and the
procedures set forth in this ordinance. These authorities and procedures shall at all
times be fully and effectively exercised and implemented.
The wastewater facility shall operate pursuant to leqal authority enforceable in federal,
state or local courts, which authorizes or enables the wastewater facility to apply and to
enforce the requirements of sections 307 (b) and (c), and 402(b)(8) of the Act, and any
requlations implementinq those sections. Such authority may be contained in a statute,
ordinance, or series of contracts or ioint powers aqreements which the wastewater
facility is authorized to enact, enter into or implement, and which are authorized by state
law. At a minimum, this leqal authority shall enable the wastewater facility to:
� Deny or condition new or increased contributions of pollutants, or chanqes in the
nature of pollutants, to the wastewater facility by industrial users where such
contributions do not meet applicable pretreatment standards and requirements or where
such contributions would cause the city to violate its NPDES permit;
� Require compliance with applicable pretreatment standards and requirements by
industrial users;
� Control throuqh permit, order, or similar means, the contribution to the
wastewater facility by each industrial user, to ensure compliance with applicable
pretreatment standards and requirements.
(3) Abbreviations. The following abbreviations, when used in this division, shall have
the designated meanings:
• BMP Best Manaqement Practice
• BMR Baseline Monitorinq Report
• BOD Biochemical oxygen demand (five-day carbonaceous)
• CFR Code of Federal Regulations
• CIU Cateqorical Industrial User
• COD Chemical oxygen demand
• EPA U.S. Environmental Protection Agency
• FAC Florida Administrative Code
• FDEP Florida Department of Environmental Protection
• gpd gallons per day
• IU Industrial User
• mg/I milligrams per liter
• MIU Minor Industrial User
• NPDES National Pollutant Discharge Elimination System
• NSCIU Non-Siqnificant Cateqorical Industrial User
• POTW Publicly Owned Treatment Works
• RCRA Resource Conservation and Recovery Act
• SIC Standard Industrial Classification
• SIU Significant Industrial User
Item # 8
3 Ordinance No.8322-13
Attachment number 1 \nPage 4
• SNC Siqnificant Non-compliance
• TSS Total suspended solids
• U.S.C. United States Code
• WRF Water Reclamation Facility
• WWF Wastewater Facilitv
(4) Definitions. Unless a provision explicitly states otherwise, the following terms and
phrases, as used in this �division, shall have the meanings hereinafter designated.
Act or "the Act". The Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 U.S.C. § 1251 et seq.
..
- - - ' - `.--- - - -- - - --- -__- _ --
.. . ■_
.
Authorized Representative of the User.
(1) If the user is a corporation:
(a) Responsible corporate officer to include �the president, secretary, treasurer, or a
vice-president of the corporation in charge of a principal business function, or any other
person who performs similar policy or decision-making functions for the corporation; or
(b) The manager of one or more manufacturing, production, or operation facilities
provided the manaqer is authorized to make manaqement decisions that qovern the
operation of the requlated facility includinq havinq the explicit or implicit duty of makinq
maior capital investment recommendations, and initiate and direct other comprehensive
measures to assure lonq-term environmental compliance with environmental laws and
requlations; can ensure that the necessary systems are established or actions taken to
qather complete and accurate information for individual wastewater discharqe permit for
qeneral permit {optional}1 requirements; and where °mr�ln�iinm m�ro �hon ��n r�orcnnc
, ,
�n �^"°r�` �f authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general partner or proprietor,
respectively.
(3) If the user is a federal, state, or local governmental facility: a director or highest
official appointed or designated to oversee the operation and performance of the
activities of the government facility, or their designee.
(4) The individuals described in paragraphs 1 through 3, above, may designate
�nr�4hor �, i4hr�ri�oiJ ror�r000n4�4i�io a duly authorized representative if the authorization is
Item # 8
4 Ordinance No.8322-13
Attachment number 1 \nPage 5
in writing, the authorization specifies the individual or position responsible for the overall
operation of the facility from which the discharge originates or having overall
responsibility for environmental matters for the company, and the written authorization is
submitted to the city.
Biochemical oxygen demand or BOD. The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures for five days at 20°
centigrade, usually expressed as a concentration (e.g., mg/I).
Bypass. The intentional diversion of wastewater streams from any portion of an
industrial user's treatment facility.
Best Manaqement Practices or BMPs means:
The schedules of activities. arohibitions of aractices. maintenance arocedures
and other manaqement practices to implement the prohibitions listed in subsections 62-
625.400(1)(a) and
(2) FAC BMPs also include treatment requirements, operatinq procedures, and
practices to control plant site runoff, spillaqe or leaks, industrial sludqe or waste
disposal, or drainaqe from raw materials storaqe.
Cateqorical industrial user. An industrial user subiect to cateqorical pretreatment
standards under Rule 62-625.410, FAC, includinq 40 CFR Chapter I, Subchapter N,
Parts 405 throuqh 471, as of July 1, 2009, hereby adopted and incorporated by
reference.
(1) Non—siqnificant cateqorical industrial user (NSCIU): The control authority may
determine that an IU subiect to cateqorical pretreatment standards under � 403.6 and
40 CFR Chapter I, Subchapter N is a NSCIU rather than a SIU on a findinq that the IU
never discharqes more than 100 qpd of total cateqorical wastewater (excludinq sanitary,
non-contact coolinq and boiler blowdown wastewater, unless specifically included in the
pretreatment standard).
(2) Middle tier cateqory of CIU: Considered SIU vet are eliqible for reductions in
reportinq and control authority monitorinq and inspections.
Categorical Pretreatment Standard or Categorical Standard. Any regulation containing
pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and
(c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which
appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
City. The City of Clearwater. [Note: Elected city ��mmiccinnorccouncil members act on
behalf of the citizens of the City of Clearwater.]-
Item # 8
5 Ordinance No.8322-13
Attachment number 1 \nPage 6
Coordinator. The person designated by the city to oversee permitting and compliance
with the city's pretreatment ordinance.
Control authority. The public utility that administers a pretreatment proqram that has
been approved by the Department in accordance with the requirements of Rule 62-
625.510, FAC reqardinq this ordinance, the City of Clearwater public utilities
department.
Daily Maximum. The arithmetic averaqe of all effluent samples for a pollutant collected
durinq a calendar day.
Director. The public utilities director (director) is the city administrator of the industrial
pretreatment proqram.
Dulv authorized rearesentative.
(1) The authorization is made in writinq by the individual described in the definition
Authorized Representative of the User listed above;
(2) The authorization specifies either an individual or a position havinq responsibility
for the overall operation of the facility from which the discharqe oriqinates, (such as the
position of plant manaqer, operator of a well or well field superintendent, or a position of
equivalent responsibility) or havinq overall responsibility for environmental matters for
the company; and
(3) The written authorization is submitted to the public utilities director;
(a) If an authorization is no lonqer accurate because a different individual or position
has responsibility for the overall operation of the facility, or overall responsibility for
environmental matters for the company, a new authorization satisfyinq the requirements
of paraqraph (c) above must be submitted to the duly authorized municipal official, if the
IU is submittinq the reports required in subsections.
Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency
or, where appropriate, the Regional Water Management Division Director, or other duly
authorized official of said agency.
Existing source. Any source of discharge that is not a new source.�"� nnnciri ,�+;,,,, „r
p�or�4ir�n r�f �nihinh nr�mmo�� r! r�rir�r 4r� 4ho r�i ihlin�4ir�n h�i CD/� r�f r�rr�r�r�oo�T�ori�T
- r-
��-°�ron� cion�Jor�Jc �nihinh �niill ho r�linohlo �n�an�noi irno if �ho cion�Jor�J ic
4i,ih,��� Tor! in �nnr�riJ�nno �nii4h Con4ir�n Q(17 r,f +ho /�n4
Florida Department of Environmental Protection or FDEP (Department). The EPA has
deleqated its authority to the Department for the purpose of requlatinq this proqram by
way of 62-625 FAC.
Item # 8
Ordinance No.8322-13
Attachment number 1 \nPage 7
Grab sample. Individual, discrete sample collected at a specific time. A qrab sample
includes all sub samples or aliquots (e.q. individual containers for specific analytes or
analyte qroups), sample fractions (e.q. total and filtered samples), and all applicable
field quality control samples (e.q. field sample duplicates or split samples) collected at
the same locations within a time not exceedinq 15 minutes.�amn'° `"'h�nh ;� +�Uo„
4imo nr�4 4r� ovnooiJ fif400n mini i400
Indirect discharge
facility �from
nf +hvrzrTC°��-cvr
or discharge. The introduction of pollutants into the wastewater
any non-domestic source.Te^�i°�'�a�r co�+;,,,, �zn��h� ��� „r ���
Instantaneous ,m��;m„m �"^,^,�h'° �lionh�rno limit. The maximum concentration of a
pollutant allowed to be discharged at any time, determined from the analysis of any
discrete or composite sample collected, independent of the industrial flow rate and the
duration of the sampling event.
Interference. A discharge, which alone or in conjunction with a discharge or discharges
from other sources, inhibits or disrupts the water reclamation facility�, its treatment
processes or operations or its sludge processes, use or disposal; and therefore, is a
cause of a violation of the city's wastewater NPDES permit or of the prevention of
sewage sludge use or disposal in compliance with any of the following
statutory/regulatory provisions or permits issued thereunder, or any more stringent state
or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title
II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any
state regulations contained in any state sludge management plan prepared pursuant to
Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances
Control Act; and the Marine Protection, Research, and Sanctuaries Act.
Local limit. Specific discharqe limits developed and enforced by the city upon industrial
or commercial facilities to implement the qeneral and specific discharqe prohibitions
listed in 40 CFR 403.5(a)(1) and (b), and 62-625.500 and 32.212 of this ordinance.
These limits shall be protective of the wastewater facility aqainst pass throuqh,
interference, physical hazards and allow for compliance of the wastewater facility
discharqe permit and beneficial use of reclaimed water and residuals.
Maximum allowable industrial loadinq. The total mass of a pollutant that all industrial
users and other controlled sources may discharqe without causinq pass throuqh or
interference.
Method detection limit or "MDL". The estimate of the minimum amount of a substance
that an analyte process can reliably detect. A mdl is analyte- and matrix-specific and is
laboratory dependent.
Item # 8
7 Ordinance No.8322-13
Attachment number 1 \nPage 8
Medical waste. Isolation wastes, infectious agents, human blood and blood products,
pathological wastes, sharps, body parts, contaminated bedding, surgical wastes,
potentially contaminated laboratory wastes, and dialysis wastes.
Middle tier cateqorical industrial user. A siqnificant industrial user that based on flow
characteristics and compliance record may be desiqnated as such by the control
authority; if so is eliqible for reduced monitorinq and reportinq.
New source.
(1) Any building, structure, facility, or installation from which there is (or may be) a
discharge of pollutants, the construction of which commenced after the publication of
proposed pretreatment standards under Section 307(c) of the Act which will be
applicable to such source if such standards are thereafter promulgated in accordance
with that section, provided that:
(a) The building, structure, facility, or installation is constructed at a site at which no
other source is located; or
(a) The building, structure, facility, or installation totally replaces the process or
production equipment that causes the discharge of pollutants at the existing source; or
(b) The production or wastewater generating process of the building, structure,
facility, or installation are substantially independent of an existing source at the same
site. In determining whether these are substantially independent, factors such as the
extent to which the new facility is integrated with the existing plant, and the extent to
which the new facility is engaged in the same general type of activity as the existing
source, should be considered.
(2) Construction on a site at which an existing source is located results in a
modification rather than a new source if construction does not create a new building,
structure, facility, or installation meeting the criteria of subsection (1)(b) or (c) above but
otherwise alters, replaces, or adds to the existing process or production equipment.
(3) Construction of a new source defined under this paragraph has commenced if
the owner or operator has:
(a) Begun, or caused to begin, as part of a continuous onsite construction program
1. Any placement, assembly, or installation of facilities or equipment; or
2. Significant site preparation work including clearing, excavation, or removal of
existing buildings, structures, or facilities which is necessary for the placement,
assembly, or installation of new source facilities or equipment; or
Item # 8
8 Ordinance No.8322-13
Attachment number 1 \nPage 9
(b) Entered into a binding contractual obligation for the purchase of facilities or
equipment which are intended to be used in its operation within a reasonable time.
Options to purchase or contracts which can be terminated or modified without
substantial loss, and contracts for feasibility, engineering, and design studies do not
constitute a contractual obligation under this paragraph.
Non-contact cooling water. Water used for cooling which does not come into contact
with any raw material, intermediate product, waste product, or finished product.
Non-siqnificant cateqorical industrial user (NSCIU). Industrial user that discharqes 100
qallons per day (qpd) or less of total cateqorical wastewater (excludinq sanitary, non-
contact coolinq and boiler blowdown wastewater, unless specifically included in the
pretreatment standard) and the followinq conditions are met:
(1) The industrial user, prior to the control authority's findinq has consistently
complied with all applicable cateqorical pretreatment standards and requirements;
(2) The industrial user annually submits the certification statement required in
subsection 62-625.600(17), FAC, toqether with any additional information necessary to
support the certification statement; and
(3) The industrial user never discharqes any untreated cateqorical process
wastewater.
Pass through. A discharge which exits the water reclamation facility� into waters
of the United States in quantities or concentrations which, alone or in conjunction with a
discharge or discharges from other sources, is a cause of a violation of any requirement
of the city's NPDES permit, including an increase in the magnitude or duration of a
violation.
Person. Any individual, partnership, copartnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity, or any other legal
entity; or their legal representatives, agents, or assigns. This definition includes all
federal, state, and local governmental entities.
pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, grease sewage sludge, munitions, medical wastes, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics
of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or
the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of,
introducing such pollutants into the wastewater facility�. This reduction or
Item # 8
9 Ordinance No.8322-13
Attachment number 1 \nPage 1i
alteration can be obtained by physical, chemical, or biological processes; by process
changes; or by other means, except by diluting the concentration of the pollutants
unless allowed by an applicable pretreatment standard.
Pretreatment requirements. Any substantive or procedural requirement related to
pretreatment imposed on a user, other than a pretreatment standard.
Pretreatment standards or standards. Pretreatment standards shall mean prohibited
discharge standards, categorical pretreatment standards, and local limits.
Prohibited discharge standards or prohibited discharges. Absolute prohibitions against
the discharge of certain substances; these prohibitions appear in section 32.212(1) of
this division.
Publicly owned treatment works or POTW. A"treatment works," as defined by Section
212 of the Act (33 U.S.C. §1292) which is owned by the city and includes the marshall
street, northeast and east water reclamation facilities. This definition
includes any devices or systems used in the collection, storage, treatment, recycling,
and reclamation of sewage or industrial wastes of a liquid nature and any conveyances
which convey wastewater to a water reclamation facility.+r°°+mo„+ n��„t
Septic tank waste. Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Sewage. Human excrement and gray water (household showers, dishwashing
operations, etc. ).
Significant industrial user.
(1) Cateqorical industrial users; except when the public utilities director has
determined that an industrial user subiect to cateqorical pretreatment standards is a
non-siqnificant cateqorical industrial user (NSCIU) rather than a siqnificant industrial
user; and n i io hion4 4r� n�4 rin�l r�r�-o�4mon4 o4�niJ�riJo• r�r
T,�er��,���ege�,� �T ��
(2) A user that:
(a) Discharges an average of 25,000 gpd or more of process wastewater to the
wastewater facility� (excluding domestic wastewater�jF, noncontact cooling,
and boiler blowdown wastewater); or
(b) Contributes a process wastestream which makes up five percent or more of the
average dry weather hydraulic or organic capacity of the water reclamation
f•dCj�jtyD(1T\A/ 4ro.�4mon4 r�l.�n4• Or
�
(c) Is designated as such by the city on the basis that it has a reasonable potential
for adversely affecting the wastewater facilities'D��� operation or for violating any
Item # 8
10 Ordinance No.8322-13
Attachment number 1 \nPage 1
pretreatment standard or requirement in accordance with paraqraph 62-625.500(2)(e),
FAC.
(3) Upon a finding that a user meeting the criteria in subsection (2) has no
reasonable potential for adversely affecting the wastewater facilities'�� operation
or for violating any pretreatment standard or requirement, the City may at any time, on
its own initiative or in response to a petition received from a user, and in accordance
with procedures in FAC 62-625.500(�2)(e), determine that such user should not be
considered a significant industrial user.
Slug load or slug. Any discharge at a flow rate or concentration which could cause a
violation of the prohibited discharge standards in subsection 32.212(1) �+� �����a��
A sluq discharqe is any discharqe of a non-routine, episodic nature, includinq but not
limited to an accidental spill or a non-customary batch discharqe, which has a
reasonable potential to cause interference or pass throuqh, or in any other way violate
the wastewater facilities' requlations, local limits or permit conditions.
Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard
Industrial Classification Manual issued by the United States Office of Management and
Budget.
Stormwater. Any flow occurring during or following any form of natural precipitation, and
resulting from such precipitation, including snowmelt.
� --
Suspended solids. The total suspended matter that floats on the surface of, or is
suspended in, water, wastewater, or other liquid, and which is removable by laboratory
filtering.
User or industrial user. A source of indirect discharge.
Wastewater. Liquid and water-carried industrial wastes and sewage from residential
dwellings, commercial buildings, industrial and manufacturing facilities, and institutions,
whether treated or untreated, which are contributed to the wastewater facility�.
Wastewater facility (WWF). Any facility which discharqes wastes into waters of the state
or which can reasonably be expected to be a source of water pollution and includes any
or all of the followinq: the collection and transmission system, the water reclamation
facility, the reuse or disposal system, and the residuals manaqement facility.
Wastewater reclamation facility+r°°+mo„+ n��„+ (WRF) „r irooimoni n��n+ That portion
of the �VWVF which is designed to provide treatment of municipal sewage and
industrial waste.
Item # 8
11 Ordinance No.8322-13
Attachment number 1 \nPage 1;
Section 2. Section 32.212, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.212. General Sewer Use Requirements.
(1) Prohibited Discharge Standards.
(a) General Prohibitions. No user shall introduce or cause to be introduced into the
VWVF� any pollutant or wastewater which causes pass through interference.
These general prohibitions apply to all users of the VWVF� whether or not they are
subject to categorical pretreatment standards or any other national, state, or local
pretreatment standards or requirements.
(b) Specific prohibitions. No user shall introduce or cause to be introduced into the
VWVF� the following pollutants, substances, or wastewater:
1. Pollutants which create a fire or explosive hazard in the VWVF�, including,
but not limited to, wastestreams with a closed-cup flashpoint of less than 140° F(60° C)
using the test methods specified in 40 CFR 261.21;
2. Wastewater having a pH less than 5.5 or more than 9.59, or otherwise causing
corrosive structural damage to the VWVF�or equipment;
3. Solid or viscous substances in amounts which will cause obstruction of the flow
in the WWF� resulting in interference but in no case solids greater than three-
eighths of an inch or ninety-five-one-hundredths of a centimeter in any dimension.
4. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a
discharge at a flow rate and/or pollutant concentration which, either singly or by
interaction with other pollutants, will cause interference with the VWVF�;
5. Wastewater having an average temperature greater than �122°F (4550°C), at
the point of connection with the city's sanitary sewer system;
6. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in
amounts that will cause interference or pass through;
7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the
VWVF� in a quantity that may cause acute worker health and safety problems;
8. Trucked or hauled pollutants, except at discharge points designated by the
coordinator in accordance with section 32.213(4) of this division;
9. Noxious or malodorous liquids, gases, solids, or other wastewater which, either
singly or by interaction with other wastes, are sufficient to create a public nuisance or a
hazard to life, or to prevent entry into the sewers for maintenance or repair;
Item # 8
12 Ordinance No.8322-13
Attachment number 1 \nPage 1;
10. Wastewater which imparts color which cannot be removed by the treatment
process, such as, but not limited to, dye wastes and vegetable tanning solutions, which
consequently imparts color to the +rooimoni n��n+WRF's effluent, thereby violating the
city's wastewater NPDES permit;
11. Wastewater containing any radioactive wastes or isotopes except in compliance
with applicable state or federal regulations;
12. Stormwater, excludinq stormwater that has been in contact with an approved
industrial process, surface water, ground water, artesian well water, roof runoff,
subsurface drainage, swimming pool drainage, condensate, deionized water, non-
contact cooling water, and unpolluted wastewater, unless specifically authorized by the
coordinator;
13. Sludges, screenings, or other residues from the pretreatment of industrial
wastes;
14. Medical wastes, except as specifically authorized by the coordinator in a
wastewater discharge permit;
15. Wastewater, alone or in conjunction with other sources, causing the POTW's
effluent to fail a toxicity test;
16. Detergents, surface-active agents, or other substances which may cause
excessive foaming in the WRF�;
17. Fats, oils, or greases of animal or vegetable origin in excess of the established
local limit, or in quantities which can impeded or impair flow.
Pollutants, substances, or wastewater prohibited by this section shall not be processed
or stored in such a manner that they could be discharged into the VWVF�.
(2) National Categorical Pretreatment Standards. The categorical pretreatment
standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby
incorporated into this divisions+e+s+e�.
(a) Where a categorical pretreatment standard is expressed only in terms of either
the mass or the concentration of a pollutant in wastewater, the coordinator may impose
equivalent concentration or mass limits in accordance with Chapter 62-625.410(4) FAC.
(b) When the limits in a cateqorical Pretreatment Standard are expressed only in
terms of mass of pollutant per unit of production, the Coordinator may convert the limits
to equivalent limitations expressed either as mass of pollutant discharqed per day or
effluent concentration for purposes of calculatinq effluent limitations applicable to
individual Industrial Users Chapter 62-625.410(4) FAC.
Item # 8
13 Ordinance No.8322-13
Attachment number 1 \nPage 1�
(c) {-�When wastewater subject to a categorical pretreatment standard is mixed
with wastewater not regulated by the same standard, the Coordinator shall impose an
alternate limit using the combined wastestream formula in Chapter 62-625.410(6) FAC.
Only those industrial subcategories listed in Chapters 62-625.880(1) {a---��FAC will be
considered eligible for the combined wastestream formula.
(d) {s�A user may obtain a variance from a categorical pretreatment standard if the
user can prove, pursuant to the procedural and substantive provisions in Chapter 62-
625.700 FAC that factors relating to its discharge are fundamentally different from the
factors considered by EPA when developing the categorical pretreatment standard.
The user requesting variance must file a formal request to the city, along with the permit
application for a wastewater discharge permit, in accordance with the procedures in
section 32.215 of the division.
� �A user may obtain a net gross adjustment to a categorical standard in
accordance with Chapter 62-625.820 FAC, with approval from the city.
Industrial user's file must contain documentation of how equivalent limits were
determined.
� Cateqorical industrial user (CIU) desiqnations and criteria. These desiqnations
and the reduction of permittinq, samplinq and reportinq are at the discretion of the public
utilities director. Reqardless of desiqnation, all CIU shall be tracked and the list of CIU
shall be submitted to FDEP as part of the annual report in accordance with 62-
625.600(8).
To qualify as a Non-siqnificant cateqorical industrial user (NSCIU):
� Never discharqe 100 qpd or more of total cateqorical wastewater discharqed (no
averaqinq).
� Have consistently complied with all applicable pretreatment standards.
� Never discharqe any untreated concentrated wastewater.
2. To qualify as a Middle tier cateqorical industrial user desiqnation:
� Discharqe does not exceed 0.01 percent of the desiqn dry weather hydraulic
capacity of the VWVF or 5,000 qallons per day whichever is smallest.
� Discharqe does not exceed 0.01 percent of the desiqn dry weather orqanic
treatment capacity of the VWVF; and
� Discharqe does not exceed the maximum allowable headworks loadinq for any
pollutant for which approved local limits were developed.
Item # 8
14 Ordinance No.8322-13
Attachment number 1 \nPage 1;
� CIU has not been in Siqnificant Non-compliance any time in the past 2 years
� Reduced reportinq requirements would still result in data that is representative of
the conditions occurrinq at the facility and in the discharqe.
(3) State Pretreatment Standards. Chapter 62-625.410 FAC identifies
pretreatment standards (by reference) for industries, and is applicable in th�
determination of categorical industrial discharges within the city's jurisdiction.
The industrial pretreatment proqram shall develop and implement procedures to ensure
compliance, and at a minimum enable the proqram to:
Identify and locate all possible industrial users which miqht be subiect to the
pretreatment proqram. 32-214(1).
� Identify the character and volume of pollutants contributed to the VWVF by the
industrial users identified under (a) above, 32.214 (2); 32.214 (6); 32.216 (1);
� Notify industrial users identified under (a) above of applicable pretreatment
standards and any applicable requirements under Parts I and IV of Chapter 403, F.S.,
reqardinq disposal of sludqe. Within 30 days of approval of a list of siqnificant industrial
users, in accordance with paraqraph 32.214(1)(d), notify each siqnificant industrial user
of its status as such and of all requirements applicable to it as a result of such status;
� Receive and analyze self-monitorinq reports and other notices submitted by
industrial users in accordance with the self-monitorinq requirements in Rule 62-625.600
FAC;
� Randomly sample and analyze the effluent from industrial users and conduct
surveillance activities in order to identify, independent of information supplied by
industrial users, occasional and continuinq non-compliance with pretreatment
standards. Inspect and sample the effluent from each siqnificant industrial user at least
once a year, except as specified in sub-subparaqraphs 1. throuqh 3. below.
1. Where the control authority has authorized a cateqorical industrial user to waive
samplinq of a pollutant requlated by a cateqorical pretreatment standard in accordance
with paraqraph 62-625.600(4)(b), FAC, the control authority must sample for the waived
pollutant(s) at least once durinq the term of the cateqorical industrial user's control
mechanism. In the event that the control authority subsequently determines that a
waived pollutant is present or is expected to be present in the industrial user's
wastewater based on chanqes that occur in the user's operations, the control authority
must immediately beqin at least annual inspection and effluent monitorinq of the user's
discharqe;
Item # 8
15 Ordinance No.8322-13
Attachment number 1 \nPage 1i
2. Where the control authority has determined that an industrial user meets the
criteria for classification as a non-siqnificant cateqorical industrial user, the control
authority must evaluate, at least once per year, whether an industrial user continues to
meet the criteria in paraqraph 62-625.200(25)(c), FAC; or
3. In the case of industrial users subiect to reduced reportinq requirements under
paraqraph 62-625.600(4)(d), FAC, the control authority must randomly sample and
analyze the effluent from industrial users and conduct inspections at least once every
two years. If the industrial user no lonqer meets the conditions for reduced reportinq in
paraqraph 62-625.600(4)(d), FAC, the control authority must immediately beqin
samplinq and inspectinq the industrial user at least once a year;
� Evaluate siqnificant industrial users plan to control sluq discharqes 32.213(3).
� Investiqate instances of non-compliance with pretreatment standards and
requirements, as indicated in the reports and notices required under Rule 62-625.600,
FAC, or indicated by analysis, inspection, and surveillance activities described in
subparaqraph (d) above.
(4) Local �limits. Local limits shall be established, using standard procedures,
calculations and methods acceptable to FDEP, to protect against pass through and
interference. A"Plan of Study" must be submitted to the Department prior to beqinninq
samplinq necessary to determine local limits. No industrial user shall discharge process
wastewater, individual regulated wastestreams, unregulated wastestreams, or dilute
wastestreams in excess of the concentrations set forth by the n�minio4r�4r�rdirector, or
his/her designee. Local limits shall be included as permit conditions and attached to
each significant industrial user (SIU) permit issued.
� The established local limits are subject to change and shall be modified as
needed based on regulatory requirements and standards, VWVF� operation,
performance and processes, the industrial user base, potable water quality and
domestic wastewater characteristics. Modifications to the established local limits must
be reviewed and approved by FDEP prior to implementation. Implementation of the
modified limits shall be accomplished through the development and issuance of an
addendum to each SIU Permit.
� The established local limits apply at the point where the wastewater is
discharged to the VWVF�. All concentrations for metallic substances are for "total"
metal unless indicated otherwise. The coordinator may impose mass limitations in
addition to, or in place of, the concentration based limitations set forth by the
�iJminio4r�4r�rdirector, or his his/her designee.
� The pretreatment proqram may develop best manaqement practices (BMPs)
these may be implemented by ordinance or in individual wastewater discharqe permits
or qeneral permits these BMP's shall be considered local limits and pretreatment
standards 32.212(1) and shall be enforced as such.
Item # 8
16 Ordinance No.8322-13
Attachment number 1 \nPage 1
(5) The city's right of revision. The city reserves the right to establish, by ordinance,
or by the `��minio4r�4r�rdirector, er�r-�individual wastewater discharge permits, or qeneral
ep rmits, more stringent standards or requirements e�for discharges to the �VWVF
consistent with the purpose of this ordinance.
(6) Dilution. Dilution prohibited as substitute for treatment. Except where expressly
authorized to do so by an applicable pretreatment standard or requirement. No user
shall ever increase the use of process water, or in any way attempt to dilute a
discharge, as a partial or complete substitute for adequate treatment to achieve
compliance with a discharge limitation unless expressly authorized by an applicable
pretreatment standard or requirement. The Coordinator may impose mass limitations
on users who are using dilution to meet applicable pretreatment standards or
requirements, or in other cases when the imposition of mass limitations is appropriate.
Section 3. Section 32.213, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.213. Pretreatment of Wastewater.
(1) Pretreatment facilities. Users shall provide wastewater treatment as necessary to
comply with this division and shall achieve compliance with all categorical pretreatment
standards, local limits, and the prohibitions set out in section 32.212(1) of this division
within the time limitations specified by EPA, the State of Florida's Chapter 62-625 FAC,
or the �coordinator, whichever is more stringent. Any facilities necessary for
compliance shall be provided, operated, and maintained at the user's expense. Detailed
plans and specifications describing such facilities, along with operating procedures shall
be prepared, signed and sealed by a professional engineer licensed by the State of
Florida, submitted to the coordinator for review, and shall be acceptable to the
coordinator before such facilities are constructed. The review of such plans and
operating procedures shall in no way relieve the user from the responsibility of
modifying such facilities as necessary to produce a discharge acceptable to the city
under the provisions of this division.
(2) Additional Pretreatment Measures.
(a) Whenever deemed necessary, the coordinator may require users, at their
expense, to restrict their discharge during peak flow periods, designate that certain
wastewater be discharged only into specific sewers, relocate and/or consolidate points
of discharge, separate sewage wastestreams from industrial wastestreams, and such
other conditions as may be necessary to protect the VWVF� and determine the
user's compliance with the requirements of this division.
(b) The coordinator may require any person discharging into the VWVF� to
install and maintain, on their property and at their expense, a suitable storage and flow-
Item # 8
17 Ordinance No.8322-13
Attachment number 1 \nPage 1�
control facility to ensure equalization of flow. A wastewater discharge permit may be
issued solely for flow equalization.
(c) Grease, oil, and sand interceptors shall be provided by the user and at the user's
expense when, in the opinion of the coordinator, they are necessary for the proper
handling of wastewater containing excessive amounts of fats, grease and oil, or sand;
except that such interceptors shall not be required for residential users. All interception
units shall be of type and capacity approved by the coordinator shall comply with the
city's fats, oil and qrease manaqement ordinance, and shall be so located to be easily
accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned,
and repaired r��l�, as �eede�determined by the city's qrease manaqement
ordinance, by the user at its expense.
(d) Users with the potential to discharge flammable substances may be required to
install and maintain an approved combustible gas detection meter, by the user at its
expense.
(e) All expenses for construction, operation, maintenance, inspection, calibration and
certification of pretreatment measures required herein are incumbent upon the user.
(3) Accidental discharge/slug control plans. The coordinator shall evaluate, at least
once every two years, whether each siqnificant industrial user needs a plan to control
sluq discharqes. New siqnificant industrial users must be evaluated within 1 year of
beinq desiqnated a siqnificant industrial user. The results of such evaluations shall be
made available to the Public Utilities department upon request. Siqnificant industrial
users are required to notify the control authority immediately of any chanqes at its
facility affectinq the potential for a sluq discharqe. If the control authority decides that a
sluq control plan is needed, the plan shall contain, at a minimum, the followinq
no o�i �i 4�nir� �i r�r mr�ro fr�ivi ion4hi �4 4ho rJionro4ir�n r,f +ho nr�r�riJin�4r�r
e ements:e���e�—��ea�s, � � ,
, ,
?�nh o r�lon 41TOr�P���nrrlino�nr mo�i rlcP r� ci inh o r�lon fnr orni i ico�a
r ivi iiro 4h�4 4ho i�or��DYI'lon4 4ho r�l�n DI���cP°I^r�or! h���r�riJin�4r�r fr�r 4ho
GTIT " � �i �.i
i�or ��TOrvi iiro �ho� �ho i����mhi���h� II n� i�TOr! h�i �ho ni��i in
olr�r�inn 4ho r�l�n /� on4�l iJionh�rno/oli in nr�n4rr�l r�l�n oh�ll ���j ��Q
� ur�rz� �
minimi im �ho fnlln�niinn•
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(a) Description of discharge practices, including non-routine batch discharges;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying the
�+sslaa�ge, control authority and the WWF of sluq discharqes, includinq any discharqe
that would violate a prohibition under section 32.212, with procedures for follow-up
written notification within five days, as required by subsection 32.216(6)�es#�e�-�
Q'i G:'I G:/G:\ nf �hic �i�iicinn� and
Item # 8
18 Ordinance No.8322-13
Attachment number 1 \nPage 1!
(d) Procedures to prevent adverse impact from any accidental or slug discharge.
Such procedures include, but are not limited to, inspection and maintenance of storage
areas, handling and transfer of materials, loading and unloading operations, control of
plant site runoff, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants, including solvents, and/or measures
and equipment for emergency response.
(4) Hauled wastewater.
(a) Waste from liquid waste haulers such as: chemical toilets,a� domestic septic
tanks and qrease interceptors may be introduced into the VWVF� only at locations
designated by the coordinator, and at such times as are established by the coordinator.
Such waste shall not violate section 32.212 of this division or any other requirements
established by the city. The coordinator may require waste haulers to obtain wastewater
discharge permits.
(b) No ^r°°�° +r°n ,^,°�+°� ^r hauled industrial wastewater will be accepted.
Section 4. Section 32.214, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.214. Wastewater discharge permit �+sa�e�proqram.
(1) Permit#+r� �application. Wastewater discharge permit applications.=Any
new or existing business, or industry within the city who� must apply for a license to do
businessl must also make application for wastewater discharge into the city's sanitary
sewer system under the guidelines below:
(a) Industrial user survey_= Why requested by the coordinatory any new or existing
industrial user must submit information on the nature and characteristics of its
wastewater by completing an industrial user survey. The coordinator may prepare a
form for this purpose and may periodically require industrial users to update the survey.
Failure to complete this survey shall be responsible grounds for terminating service to
the industrial user and shall be considered a violation of this division.
(b) Significant industrial user permits_= Any new or existing business meeting the
definition of an SIU1 as defined in this division on or after the effective date of this
divisionl is considered an SIU and is required to obtain an SIU permit.
(c) Septic tank wastes.= Any hauler who� proposes to discharge septic tank waste
must fill out and submit to the coordinator the appropriate hauled domestic waste permit
application. Liquid waste haulers may be requlated by either an individual wastewater
discharqe permit or qeneral permit. Each load of liquid waste to be disposed of shall be
individually manifested, which describes the origin�, type, stabilization method, and
volume of wastes.
Item # 8
19 Ordinance No.8322-13
Attachment number 1 \nPage 2i
(d) Siqnificant industrial users. The public utility shall prepare and maintain a list of
its industrial users meetinq the criteria in the definition as stated 32-211(4).
(2) Wastewater analysis. When requested by the coordinator, any user must submit
information on the nature and characteristics of its wastewater within 30 calendar days
of the request. The coordinator is authorized to prepare a form for this purpose and may
periodically require users to update this information.
(3) Wastewater discharge permit requirement.
(a) No significant industrial user shall discharge wastewater into the VWVF�
without first obtaining a wastewater discharge permit from the coordinator, except that a
significant industrial user that has filed a timely application pursuant to subsection (6) of
this section may continue to discharge for the time period specified therein.
(b) The coordinator may require other users to obtain wastewater discharge permits
as necessary to carry out the purposes of this division.
(c) Any violation of the terms and conditions of a wastewater discharge permit shall
be deemed a violation of this division and subjects the permittee to the sanctions set out
in sections 32.220 — 32.222 of this division. Obtaining a wastewater discharge permit
does not relieve a permittee of its obligation to comply with all federal and state
pretreatment standards or requirements or with any other requirements of federal, state,
and local law.
(4) Wastewater discharge permitting: Existing connections. Any user required to
obtain a wastewater discharge permit who was discharging wastewater into the
VWVF� prior to the effective date of this division and who wishes to continue such
discharges in the future, shall, within 90 calendar days after said date, apply to the
coordinator for a wastewater discharge permit in accordance with subsection (6) of this
section, and shall not cause or allow discharges to the VWVF� to continue after
180 calendar days of the effective date of this division except in accordance with a
wastewater discharge permit issued by the coordinator.
(5) Wastewater discharge permitting: New connections. Any user required to obtain
a wastewater discharge permit who proposes to begin or recommence discharging into
the VWVF� must obtain such permit prior to the beginning or recommencing of
such discharge. An application for the permit, in accordance with subsection (6) of this
section, must be filed at least 45 calendar days prior to the date upon which any
discharge will begin or recommence.
(6) Wastewater discharge permit application contents. All users required to obtain a
wastewater discharge permit must submit a permit application. The coordinator may
require all users to submit as part of an application the following information:
Item # 8
20 Ordinance No.8322-13
Attachment number 1 \nPage 2
(a) All information required by section 32.216(1)(b) of this division;
(b) Description of activities, facilities, and plant processes on the premises, including
a list of all raw materials and chemicals used or stored at the facility which are, or could
accidentally or intentionally be, discharged to the WWF�;
(c) Number and type of employees, hours of operation, and proposed or actual
hours of operation;
(d) Each product produced by type, amount, process or processes, and rate of
production;
(e) Type and amount of raw materials processed (average and maximum per day);
(f) Site plans, floor plans, mechanical and plumbing plans, and details to show all
sewers, floor drains, and appurtenances by size, location, and elevation, and all points
of discharge;
(g) Time, duration and variability of discharges;
(h) The results of sampling and analysis identifying the nature and concentration of
priority pollutants, as well as any other regulated pollutants in the discharge from the
facility. The sample(s) shall be representative of daily operations and shall be analyzed
in accordance with the procedures set out in section 32.216(10) of this division.
Sampling must be performed in accordance with the procedures set out in section
32.216(11) of this division.
(i) List of hazardous materials stored, manufactured, or discharged at the premises;
�
(j) Any requests for a monitorinq waiver (or a renewal of an approved monitorinq
waiver) for a pollutant neither present nor expected to be present in the discharqe
based on section 32.215 of this division.
(k) Any request to be covered by a qeneral permit based on section 32.215 of this
division; and
(I) Any other information as may be deemed necessary by the coordinator to
evaluate the wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the
user for revision, completion and resubmittal within a-430 calendar days, or other
deadline as specified by the coordinator.
Item # 8
21 Ordinance No.8322-13
Attachment number 1 \nPage 2;
(7) Application signatories and certification. All wastewater discharge permit
applications and user reports must be signed by an authorized representative of the
user, as defined in 32.211(4), and contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and believe, true, accurate, and complete. I am aware that there +sare
significant penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
(8) Wastewater discharge permit decisions. The coordinator will evaluate the data
furnished by the user and may require additional information. Within 30 working days of
receipt of a complete wastewater discharge permit application, the coordinator will
determine whether or not to issue a permit. The coordinator may deny any application
for a wastewater discharge permit.
Section 5. Section 32.215, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.215. Individual wastewater discharge permit and qeneral permit �°°��
��.
� Wastewater discharqe permit types:
� Individual — Issued to a SIU, except in the instance that a qeneral permit criteria
is qualified for, as listed in (b) below and issued. The director may not control an SIU
throuqh a qeneral permit where the facility is subiect to production-based cateqorical
pretreatment standards or cateqorical pretreatment standards expressed as mass of
pollutant discharqed per day or for IUs whose limits are based on the combined
wastestream formula (section 62-625.410(6) or net/qross calculations 62-625.820).
� General permits - The option to issue qeneral permits in lieu of individual permits
is authorized under state law 62-625.500(2)(a)7.
1. The director may use qeneral permits to control SIU discharqes to the VWVF if
the followina conditions are met. All facilities to be covered bv a aeneral aermit must:
a. Involve the same or substantially similar types of operations;
b. Discharqe the same types of wastes;
c. Require the same effluent limitations;
Item # 8
22 Ordinance No.8322-13
Attachment number 1 \nPage 2:
d. Require the same or similar monitorinq; and
e. In the opinion of the director, are more appropriately controlled under a qeneral
permit than under individual wastewater discharqe permits.
2. To be covered by the qeneral permit, the SIU must file a written request for
coveraqe that identifies its contact information, production processes, the types of
wastes qenerated, the location for monitorinq all wastes covered by the qeneral permit,
any requests in accordance with section 62-625.600(4)(b) FAC for a monitorinq waiver
for a pollutant neither present, nor expected to be present, in the discharqe, and any
other information the VWVF deems appropriate. A monitorinq waiver for a pollutant
neither present, nor expected to be present, in the discharqe is not effective in the
qeneral permit until after the director has provided written notice to the SIU that such a
waiver request has been qranted.
3. The coordinator will retain a copy of the qeneral permit, documentation to support
the VWVF's determination that a specific SIU meets the criteria as listed in
32.215(1)(b)1.
�4. The control authority shall maintain a copy of the user's written request for
coveraqe for three years after the expiration of the qeneral permit.
�5. The director may not control a SIU throuqh a qeneral permit where the facility is
subiect to production based cateqorical pretreatment standards or cateqorical
pretreatment standards expressed as mass of pollutant discharqed per day or for IUs
whose limits are based on the combined wastestream formula 62-625.410(6) or
net/qross calculations 62-625.820.
{�}�Wastewater discharge permit duration. A wastewater discharge permit shall be
issued for a specified time period, not to exceed five years from the effective date of the
permit. A wastewater discharge permit may be issued for a period less than five years,
at the discretion of the coordinator. Each wastewater discharge permit will indicate
specific dates upon which it becomes effective and will expire.
{�}�3�Wastewater discharge permit contents. A wastewater discharge permit shall
include such conditions as are deemed reasonably necessary by the coordinator to
prevent pass through or interference, protect the quality of the water body receiving the
�WRF's effluent, protect worker health and safety, protect future beneficial uses of
resources such as reclaimed water and bio-solids and other residuals, facilitate sludge
management and disposal, a�protect against damage to the VWVF�, and comply
with state and federal permits regulating the VWVF�.
(a) Wastewater discharge permits shall contain:
1. A statement that indicates the permit duration, which in no event shall exceed
five years;
Item # 8
23 Ordinance No.8322-13
Attachment number 1 \nPage 2�
2. A statement that the permit is non-transferrable in accordance with sub-section
(5) of this section, and includes provisions that the new owner or operator apply for a
new wastewater discharge permit;
3. A requirement that the permittee file a notice of termination when terminating
facility operations, or selling or otherwise transferring ownership of the facility to a new
owner or operator;
4. Effluent limits, includinq best manaqement practices, based on applicable
eq neral pretreatment standards in this chapter, cateqorical pretreatment standards,
local limits, and state and local law;
5. Self monitoring, sampling, reporting, notification, and record-keeping
requirements. These requirements shall include an identification of pollutants or best
manaqement practices to be monitored, sampling location(s), sampling frequency, and
sample type based on qeneral pretreatment standards, cateqorical pretreatment
standards, local limits, federal, state, and local law;��
6. The process for seekinq a waiver from monitorinq for a pollutant neither present
nor expected to be present in the discharqe in accordance with paraqraph 62-
625.600(4)(b), FAC, or a specific waived pollutant in the case of an individual control
mechanism;
�7. A statement of applicable civil and criminal penalties for violation of pretreatment
standards and requirements, and any applicable compliance schedule. Such schedule
may not extend the time for compliance beyond that required by applicable federal,
state, or local law-i
8. Requirements to control sluq discharqe, if determined by the coordinator to be
necessarv: and
9. Any qrant of the monitorinq waiver and or reduction of monitorinq or reportinq by
the director, as listed in 32.215(4) must be included as a condition in the user's permit.
(b) Wastewater discharge permits or qeneral permits may contain, but need not be
limited to, the following conditions:
1. Limits on the average and/or maximum volume, average and/or maximum rate of
discharge, time(s) of discharge, and/or requirements for flow regulation and
equalization;
2. Requirements for the installation of pretreatment technology, pollution control, or
construction of appropriate containment devices, designed to reduce, eliminate, or
prevent the introduction of pollutants into the treatment works;
Item # 8
24 Ordinance No.8322-13
Attachment number 1 \nPage 2:
3. Requirements for the development and implementation of spill control plans or
other special conditions including management practices necessary to adequately
prevent accidental, unanticipated, or non-routine discharges;
4. Development and implementation of waste minimization plans to reduce the
amount of pollutants discharged into the VWVF�;
5. The unit charge or schedule of user charges and fees for the management of the
wastewater discharged to the VWVF�;
6. Requirements for installation and maintenance of inspection, flow monitoring and
sampling facilities and equipment;
7. Requirements for the submittal of copies of monitoring logs and records;
8. A statement that compliance with the wastewater discharge permit does not
relieve the permittee of responsibility for compliance with all applicable federal and state
pretreatment standards, including those which become effective during the term of the
wastewater discharge permit; and
9. Other conditions as deemed appropriate by the coordinator to ensure compliance
with this division, and state and federal laws, rules, and regulations.
� Wastewater discharqe permit waivers and reduced reportinq criteria.
(a) The director may authorize the industrial user subiect to a cateqorical
pretreatment standard to waive samplinq of a pollutant requlated by a cateqorical
pretreatment standard if the industrial user demonstrates the followinq throuqh samplinq
and other technical factors:
1. The pollutant is neither present nor expected to be present in the discharqe, or
the pollutant is present only at backqround levels from intake water and without any
increase in the pollutant due to activities of the industrial user;
2. The pollutant is determined to be present solely due to sanitary wastewater
discharqed from the facility provided that the sanitary wastewater is not requlated by an
applicable cateqorical standard and otherwise includes no process wastewater.
(b) This authorization of the monitorinq waiver is subiect to the followinq conditions
and does not supersede certification processes and requirements established in
cateqorical pretreatment standards, except as specified in the cateqorical pretreatment
standard:
1. The monitorinq waiver is valid only for the duration of the effective period of the
permit or other equivalent individual control mechanism, but in no case lonqer than 5
Item # 8
25 Ordinance No.8322-13
Attachment number 1 \nPage 2i
years. The user must submit a new request for the waiver before the waiver can be
qranted for each subsequent control mechanism.
In makina a demonstration that a pollutant is not present, the industrial user must
provide data from at least one samplinq of the facility's process wastewater prior to any
treatment present at the facility that is representative of all wastewater from all
processes. Non-detectable sample results may only be used as a demonstration that a
pollutant is not present if the Department approved method from Rule 62-4.246, FAC,
with the lowest method detection limit for that pollutant was used in the analysis.
3. The request for a monitorinq waiver must be siqned in accordance with
subsection 32.214(7),
4. The authorization must be included as a condition in the industrial user's control
mechanism. The reasons supportinq the waiver and any information submitted by the
user in its request for the waiver must be maintained by the control authority for 3 years
after expiration of the waiver.
5. Upon approval of the monitorinq waiver and revision of the industrial user's
control mechanism by the control authority, the industrial user must certify each report
with the followinq statement 62.625.600(4)( c)5:
"Based on my inquiry of the person or persons directly responsible for manaqinq
compliance with the pretreatment standard for 40 CFR fspecify applicable national
pretreatment standard part(s)1, I certify that, to the best of my knowledqe and belief,
there has been no increase in the level of f list pollutant(s)1 in the wastewaters due to the
activities at the facility since filinq of the last periodic report under paraqraph 62-
625.600(4)(a), FAC."
6. In the event that a waived pollutant is found to be present, or is expected to be
present, based on chanqes that occur in the industrial user's operations, the industrial
user must immediately notify the control authority and comply with the monitorinq
requirements of paraqraph (4)(a) above or other more frequent monitorinq requirements
imposed by the control authority
(c) Wavier administration:
1. Where the control authority has authorized a cateqorical industrial user to waive
samplinq of a pollutant requlated by a cateqorical pretreatment standard in accordance
with paraqraph 62-625.600(4)(b), FAC, the control authority must sample for the waived
pollutant(s) at least once durinq the term of the cateqorical industrial user's control
mechanism.
2. In the event that the control authority subsequently determines that a waived
pollutant is present or is expected to be present in the industrial user's wastewater
based on chanqes that occur in the user's operations, the control authority must
Item # 8
26 Ordinance No.8322-13
Attachment number 1 \nPage 2
immediately beqin at least annual inspection and effluent monitorinq of the user's
discharqe.
(d) Reduced reportinq for cateqorical industrial user:
1. Non-siqnificant cateqorical industrial user: Where the control authority has
determined that an industrial user meets the criteria for classification as a non-
siqnificant cateqorical industrial user, the control authority may decide not to permit the
desiqnated NSCIU. The NSCIU shall be evaluate, at least once per year, whether an
industrial user continues to meet the criteria in 32.211(4) definitions — siqnificant
industrial user (3) and paraqraph 62-625.200(25)(c), FAC;
2. NSCIU compliance reportinq requirements: Facilities shall report annually and
submit an annual certification. An industrial user determined to be a non-siqnificant
cateqorical industrial user in accordance with paraqraph 62-625.200(25)(c), FAC, must
annually submit the followinq certification statement, siqned in accordance with the
siqnatory requirements of authorized representative of the user as defined in the
definition Sec.32-211(4). The certification must accompany any alternative report
required by the control authority;
3. Middle tier cateqorical industrial user: The control authority may reduce the
reportinq requirement to no less frequently than once a year, unless required more
freauentiv in the aretreatment standard(sl or bv the director. where the industrial user
meets all of the followinq conditions.
a. The industrial user's total cateqorical wastewater flow does not:
i. Exceed 0.01 percent of the desiqn dry weather hydraulic capacity of the WRF, or
5,000 qallons per day, whichever is smaller, as measured by a continuous effluent flow
monitorinq device unless the industrial user discharqes in batches;
ii. Exceed 0.01 percent of the desiqn dry weather orqanic treatment capacity of the
WRF; and
iii. Exceed 0.01 percent of the maximum allowable headworks loadinq for any
pollutant requlated by the applicable cateqorical pretreatment standard for which
approved local limits were developed for a VWVF in accordance with subsection 62-
625.400(3), FAC
b. The industrial user has not been in siqnificant non-compliance in the past two
years; and
c. The industrial user does not have daily flow rates, production levels, or pollutant
levels that vary so siqnificantly that decreasinq the reportinq requirement for this
industrial user would result in data that are not representative of conditions occurrinq
durinq the reportinq period.
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27 Ordinance No.8322-13
Attachment number 1 \nPage 2�
4. Control authority middle tier CIU compliance requirements: At the director's
discretion, the control authority's obliqation to inspect and sample middle tier CIU's may
be reduced to not less than once every two years.
�{�} Wastewater discharge permit appeals. The coordinator shall provide public
notice of the issuance of a wastewater discharge permit. Any person, including the
user, may petition the coordinator to reconsider the terms of a wastewater discharge
permit within ten working days of notice of its issuance.
(a) Failure to submit a timely petition for review shall be deemed to be a waiver of
the administrative appeal.
(b) In its petition, the appealing party must indicate the wastewater discharge permit
provisions objected to, the reasons for this objection, and the alternative condition, if
any, it seeks to place in the permit.
(c) The effectiveness of the wastewater discharge permit shall not be stayed
pending the appeal.
(d) If the coordinator fails to act within ten working days, a request for
reconsideration shall be deemed to be denied. Decisions not to reconsider a permit, not
to issue a permit, or not to modify a permit shall be considered final administrative
actions for purposes of judicial review.
(e) Aggrieved parties seeking judicial review of the final administrative wastewater
discharge permit decision must do so by filing a complaint with the Circuit Court of
Pinellas County.
�{4} Wastewater discharge permit modification. The coordinator may modify a
wastewater discharge permit for good cause, including, but not limited to, the following
reasons:
(a) To incorporate any new or revised federal, state, or local pretreatment standards
or requirements;
(b) To address significant alterations or additions to the user's operation, processes,
or wastewater volume or character since the time of wastewater discharge permit
issuance;
(c) A change in either the POTW or its federal and/or state operating permits that
requires either a temporary or permanent reduction or elimination of the authorized
discharge;
(d) Information indicating that the permitted discharge poses a threat to the city's
POTW, city personnel, or the receiving waters;
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28 Ordinance No.8322-13
Attachment number 1 \nPage 2!
(e) Violation of any terms or conditions of the wastewater discharge permit;
(f) Misrepresentations or failure to fully disclose all relevant facts in the wastewater
discharge permit application or in any required reporting;
(g) Revision of or a grant of variance from categorical pretreatment standards
pursuant to Chapter 62-625.700 FAC;
(h) To correct typographical or other errors in the wastewater discharge permit.
�{�} Wastewater discharge permit transfer. A wastewater discharge permit may NOT
be transferred to a new owner or operator of a previously permitted facility. The permit
application process must be repeated by the new owner or operator.
�{�} Wastewater discharge permit revocation. The coordinator may revoke a
wastewater discharge permit for good cause, including, but not limited to, the following
reasons:
(a) Failure to notify the coordinator of significant changes to the wastewater prior to
the changed discharge;
(b) Failure to provide prior notification to the coordinator of changed conditions
pursuant to section 32.216(5) of this division;
(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater
discharge permit application;
(d) Falsifying self-monitoring reports;
(e) Tampering with monitoring equipment;
(f) Refusing to allow the coordinator timely access to the facility premises and
records;
(g) Failure to meet effluent limitations;
(h) Failure to pay fines;
(i) Failure to pay sewer charges;
(j) Failure to meet compliance schedules;
(k) Failure to complete a wastewater survey or the wastewater discharge permit
application;
Item # 8
29 Ordinance No.8322-13
Attachment number 1 \nPage 3i
(I) Failure to provide advance notice of the transfer of business ownership of a
permitted facility;
(m) Violation of any pretreatment standard or requirement, or any terms of the
wastewater discharge permit or this division; or
(n) Failure to timely file self-monitoring reports.
Wastewater discharge permits shall be voidable upon cessation of operations or
transfer of business ownership. All wastewater discharge permits issued to a particular
user for a specific facility and/or discharge are void upon the issuance of a new
wastewater discharge permit to that user for that facility.
�{�} Wastewater discharge permit reissuance. A user with an expiring wastewater
discharge permit shall apply for wastewater discharge permit reissuance by submitting a
complete permit application, in accordance with section 32.214(6) of this division, a
minimum of ninety calendar days prior to the expiration of the user's existing permit.
�{�}Regulation of waste received from other jurisdictions.
(a) The City of Clearwater has entered into a multi jurisdictional agreement with the
City of Safety Harbor, which contributes wastewater to the city's�s Northeast Water
Reclamation Facility. All industrial users in Safety Harbor which
contribute wastewater to the City of Clearwater's water pollution control facilities are
subjected to the provisions of this Division under the Agreement.
(b) The multi jurisdictional agreement contains the following conditions:
1. A requirement for Safety Harbor to adopt a sewer use ordinance which is as least
as stringent as this division and local limits which are at least as stringent as those set
out in 32.214(4) of this division. The requirement shall specify that such ordinance and
limits must be revised as necessary to reflect changes made to the city's ordinance or
local lim its;
2. A requirement for Safety Harbor to annually update and submit a revised
industrial user inventory;
3. A provision specifying that the city reserves the right for permit issuance,
inspection and sampling and enforcement;
4. A requirement for Safety Harbor to provide the coordinator with access to all
information that Safety Harbor obtains as part of its pretreatment activities;
5. Limits on the nature, quality, and volume of Safety Harbor's wastewater at the
point where it discharges to the city's collection system;
Item # 8
30 Ordinance No.8322-13
Attachment number 1 \nPage 3
6. Requirements for monitoring Safety Harbor's discharge;
7. A provision ensuring the coordinator access to the facilities of users located
within Safety Harbor's jurisdictional boundaries for the purpose of inspection, sampling,
and any other duties deemed necessary by the coordinator; and
8. A provision specifying remedies available for breach of the terms of the multi-
jurisdictional agreement. The city reserves the right to take any necessary legal action
to enforce the terms and standards of the city's pretreatment division.
Section 6. Section 32.216, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.216. Reporting requirements.
(1) Baseline monitoring reports.
(a) Within either 180 days after the effective date of a categorical pretreatment
standard, or 180 days after the final administrative decision made upon e�a category
determination request under �e�paraqraph 62-625.410(2)(d) FAC, whichever is
later, existing categorical industrial users subiect to such cateqorical pretreatment
standards and currently discharging to or scheduled to discharge to the WWF�
shall submit to the coordinator a report which contains the information listed in
paragraph (b), below. At least 90 days prior to commencement of #�ie+�discharge, new
sources, and sources that become categorical industrial users subsequent to the
promulgation of an applicable categorical standard, shall submit to the coordinator a
report which contains the information listed in paragraph (b), below. New sources shall
include in this report information on the method of pretreatment it intends to use to meet
applicable cateqorical pretreatment standards. �New sources shall give estimates
of its anticipated flow (daily and maximum) and ��concentration or mass of
pollutants to be discharged.
1. The industrial user may submit a baseline report which utilizes only historical
data so lonq as the data provides information sufficient to determine the need for
industrial pretreatment measures.
2. The baseline report shall indicate the time, date and place, of samplinq; methods
of analysis; and test results for each component and shall certify that such samplinq and
analysis is representative of normal work cycles and expected pollutant discharqes to
the WWF.
�b� � ��or� rlocnrihor! �h,,,,o Industrial users shall submit the pertinent information as
set forth below.
1. Identifying information. The name and address of the facility, including the name
of the operator and owner.
Item # 8
31 Ordinance No.8322-13
Attachment number 1 \nPage 3;
2. Environmental permits. A list of any environmental control permits held by or for
the facility.
3. Description of operations. A brief description of the nature, average rate of
production, and standard industrial classifications (SIC code and/or NAICS code) of the
operation(s) carried out by such user. This description should include a schematic
process diagram which indicates points of discharge to the VWVF� from the
regulated processes.
4. Flow Measurement. Information showing the measured average daily and
maximum daily flow, in gallons per day, to the VWVF� from regulated process
streams and other streams, as necessary, to allow use of the combined wastestream
formula set out in Chapter 62-625.410(6) FAC.
5. Measurement of Pollutants.
a. The categorical pretreatment standards applicable to each regulated process and
any new cateqorically requlated processes for existinq sources.
b. The results of sampling and analysis identifying the nature and concentration,
and/or mass, where required by the standard or by the coordinator, of regulated
pollutants in the discharge from each regulated process.
c. Instantaneous, daily maximum, and long-term average concentrations, or mass,
where required, shall be reported.
d. The sample shall be representative of daily operations and shall be analyzed in
accordance with procedures set out in subsection (10) of this section. Where the
standard requires compliance with a BMP or pollution prevention alternative, the user
shall submit documentation as required by the coordinator or the applicable standards
to determine compliance with the standard.
� e. Sampling must be performed in accordance with procedures set out in
subsection (11) of this section.
6. Compliance certification. A statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating whether pretreatment
standards are being met on a consistent basis, and, if not, whether additional operation
and maintenance (O&M) and/or additional pretreatment is required to meet the
pretreatment standards and requirements.
7. Compliance schedule. If additional pretreatment and/or e�0&M will be required
to meet the pretreatment standards, the shortest schedule by which the user will provide
such additional pretreatment and/or O&M. The completion date in this schedule shall
not be later than the compliance date established for the applicable pretreatment
Item # 8
32 Ordinance No.8322-13
Attachment number 1 \nPage 3;
standard. A compliance schedule pursuant to this section must meet the requirements
set out in subsection 32.216(2) ^f +h�c �o�+;,,,,
8. Signature and certification. All baseline monitoring reports must be signed and
certified in accordance with section 32.214(7) ^f +h�c �,,,,�,,,,,
(2) Compliance schedule progress reports. The following conditions shall apply to
the compliance schedule required by subsection 32.216(1)(b)7 and 2:e#�+s
�°^�
(a) The schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction and
operation of additional pretreatment required for the user to meet the applicable
pretreatment standards (such events include, but are not limited to, hiring an engineer,
completing preliminary and final plans, executing contracts for major components,
commencing and completing construction, and beginning and conducting routine
operation);
(b) No increment referred to above shall exceed six months;
(c) The user shall submit a progress report to the coordinator no later than 14 days
following each date in the schedule and the final date of compliance including, as a
minimum, whether or not it complied with the increment of progress, the reason for any
delay, and, if appropriate, the steps being taken by the user to return to the established
schedule; and
(d) In no event shall more than six months elapse between such progress reports to
the coordinator.
(3) Reports on compliance with categorical pretreatment standard� deadline-:
Within 90 days following the date for final compliance with applicable categorical
pretreatment standards, or in the case of a new source following commencement of the
introduction of wastewater into the VWVF�, any user subject to such pretreatment
standards and requirements shall submit to the coordinator a report containing the
information described in section� 32.216(1)(b)4-6.^f +h;�. �.o,.+;,,n
(a) For users subject to equivalent mass or concentration limits established in
accordance with the procedures in Chapter 62-625.410(4) FAC, this report shall contain
a reasonable measure of the user's long-term production rate.
(b) For all other users subject to categorical pretreatment standards expressed in
terms of allowable pollutant discharge per unit of production (or other measure of
operation), this report shall include the user's actual production during the appropriate
sampling period.
Item # 8
33 Ordinance No.8322-13
Attachment number 1 \nPage 3�
All compliance reports must be signed and certified in accordance with section
32.214(7) of this division.
(4) Periodic compliance reports.
(a) All significant industrial users S( IUs) shall at a minimum submit biannually�i�
a report indicating the nature and concentration of pollutants in the discharge which are
limited by pretreatment standards and the measured or estimated average and
maximum daily flows for the reporting period. All periodic compliance reports must be
signed and certified in accordance with section 32.214(7)_ ^f +";� �;,,;�;^n
1. SUIs with best manaqement practices (BMPs) in lieu of numerical limits are
required to submit, at a minimum, bi-annual reports.
2. Middle tier CIU as desiqnated by the coordinator may be excluded from the bi-
annual reportinq requirement when qranted by the control authority reduced submission
of self monitorinq reports once per year.
3. Reports submitted at reduced frequency must be representative of the conditions
occurrinq durinq the entire reportinq period consistent with 32.216(1).
(b) All wastewater samples must be representative of the user's discharge.
Wastewater monitoring and flow measurement facilities shall be properly operated, kept
clean, and maintained in good working order at all times. The failure of a user to keep
its monitoring facility in good working order shall not be grounds for the user to claim
that sample results are unrepresentative of its discharge.
(c) If a user subject to the reporting requirement in this section monitors any
pollutant more frequently than required by the coordinator, using the procedures
prescribed in subsection 32.216(11) ^f +h�c �o�+;,,n, the results of this monitoring shall
be included in the report.
(5) Reports of changed conditions. Each user must notify the coordinator of any
planned significant changes to the user's operations or system1 which might alter the
nature, quality, or volume of its wastewaterl at least 30 calendar days before the
change.
(a) The coordinator may require the user to submit such information as may be
deemed necessary to evaluate the changed condition, including the submission of a
wastewater discharge permit application under section 32.214(6) ^f +h�c �;,,;�;,,,,
(b) The coordinator, at his discretion, may issue a wastewater discharge permit
under section 32.214(8) ^f +";° ,�;.,;°;^n or modify an existing wastewater discharge
permit under section 32.215(4) ^f +";� �;,,;�;^n in response to changed conditions or
anticipated changed conditions.
Item # 8
34 Ordinance No.8322-13
�C�
to;_
1.
2.
(6)
Attachment number 1 \nPage 3;
For purposes of this requirement, significant changes include, but are not limited
Flow increases of 20 percent or greater; or
The discharge of any previously unreported pollutant(s).
Reports of potential problems.
(a) In the case of any discharge, including, but not limited to, accidental discharges,
discharges of a non-routine, episodic nature, a non-customary batch discharge, or a
slug load, that may cause potential problems for the VWVF�, the user shall
immediately telephone and notify the coordinator of the incident. This notification shall
include the location of the discharge, type of waste, concentration and volume, if known,
and corrective actions taken by the user.
(b) Within five days following such a discharge, the user shall, unless waived by the
coordinator, submit a detailed written report describing the cause(s) of the discharge
and the measures to be taken by the user to prevent similar future occurrences. Such
notification shall not relieve the user of any expense, loss, damage, or other liability
which may be incurred as a result of damage to the VWVF�, natural resources, or
any other damage to person or property; nor shall such notification relieve the user of
any fines, penalties, or other liability which may be imposed pursuant to this division.
(c) A notice shall be permanently posted on the user's bulletin board or other
prominent place advising employees of whom to call in the event of a discharge
described in paragraph (a), above. Employers shall ensure that all employees, who may
cause such a discharge to occur, are advised of the emergency notification procedure.
(7) Reports from unpermitted users. All non-domestic users not required to obtain a
wastewater discharge permit shall provide timely and appropriate reports to the
coordinator in the format and frequency that the coordinator may require.
(8) Notice of violation/repeat sampling
user indicates a violation, the user must
becoming aware of the violation.
and reporting. If sampling performed by a
notify the coordinator within 24 hours of
(a) The user shall also repeat the sampling and analysis within seven days of
notifying the coordinator and submit the results of the repeat analysis to the coordinator
within 15 days of the collection of the repeat sample.
(b) The coordinator may, at his sole discretion, direct sampling and reporting at
different frequencies with alternate reporting periods as may be necessary to protect
and maintain the VWVF� effluent quality.
Item # 8
35 Ordinance No.8322-13
Attachment number 1 \nPage 3i
(c) The user is not required to resample if the coordinator monitors at the user's
facility at least once a month, or if the coordinator samples between the user's initial
sampling and when the user receives the results of this sampling.
(9) Notification of the discharge of hazardous waste. Discharge of hazardous waste
shall NOT be allowed. Any hazardous waste that is accidentally discharged shall be
reported immediately per subsection 32.216(6) ^f +h�o �.o,.+;,,n
(10) Analytical requirements. All pollutant analyses, including sampling techniques, to
be submitted as part of a wastewater discharge permit application or report shall be
performed in accordance with the techniques prescribed in Chapter 62-160 FAC and
Chapter 40 CFR Part 136, unless otherwise specified in an applicable categorical
pretreatment standard. If either of the above techniques does not contain sampling or
analytical techniques for the pollutant in question, sampling and analyses must be
performed in accordance with procedures approved by EPA.
() Sample collection.
(a) Except as indicated in subsection (b), below, the user must collect wastewater
samples using flow proportional composite collection techniques. In the even flow
proportional sampling is infeasible, the coordinator may authorize the use of time
proportional sampling or a minimum of four grab samples where the user demonstrates
that this will provide a representative sample of the effluent being discharged. In
addition, grab samples may be required to show compliance with instantaneous
discharge limits.
(b) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and
volatile organic compounds must be obtained using grab collection techniques.
(c) Sample takinq and analyses shall be performed with sufficient care to produce
evidence admissible in enforcement proceedinqs or in iudicial actions; DEP-SOP-
001/01 or its successors shall be applied procedures for all samples.
(12) Timing. Written reports will be deemed to have been submitted on the date
postmarked. For reports which are not mailed, postage prepaid, into a mail facility
serviced by the United States Postal Service, the date of receipt of the report shall
govern.
(13) Record keeping. Users subject to the reporting requirements of this division shall
retain, and make available for inspection and copying, all records of information
obtained pursuant to any monitoring activities required by this division and any
additional records of information obtained pursuant to monitoring activities undertaken
by the user independent of such requirements and documentation associated with best
manaqement practices established under section 32-212(4)(c). Records shall include
the date, exact place, method, and time of sampling, and the name of the person(s)
taking the samples; the dates analyses were performed; who performed the analyses;
Item # 8
36 Ordinance No.8322-13
Attachment number 1 \nPage 3
the analytical techniques or methods used; and the results of such analyses. These
records shall remain available for a period of at least three years beyond the expiration
date of the permit for which the records were created. This period shall be automatically
extended for the duration of any litigation concerning the user or the city, or where the
user has been specifically notified of a longer retention period by the coordinator.
(a) All samplinq and analysis activities shall be subiect to the recordkeepinq
requirements specified in Chapter 62-160 FAC.
(b) The control authority must retain documentation to support the control authority's
determination that a specific industrial user qualifies for reduced reportinq requirements
under paraqraph (4)(d), above, for a period of three years after the expiration of the
term of the permit or control mechanism.
Section 7. Section 32.217, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.217. Compliance monitoring.
(1) Right of entry. Inspection and sampling. The coordinator shall have the right to
enter the premises of any user to determine whether the user is complying with all
requirements of this division and any wastewater discharge permit or order issued
hereunder. Users shall allow the coordinator ready access to all parts of the premises
for the purposes of inspection, sampling, records examination and copying, and the
performance of any additional duties.
(a) Where a user has security measures in force which require proper identification
and clearance before entry into its premises, the user shall make necessary
arrangements with its security guards so that, upon presentation of suitable
identification, the coordinator will be permitted to enter without delay for the purposes of
performing specific responsibilities.
(b) The coordinator shall have the right to set up on the user's property, or require
installation of, such devices as are necessary to conduct sampling and/or metering of
the user's operations.
(c) The coordinator may require the user to install, at its expense, monitoring
equipment as necessary. The facility's sampling and monitoring equipment shall be
maintained at all times in a safe and proper operating condition by the user at its own
expense. All devices used to measure wastewater flow and quality shall be calibrated
by a certified technician as often as the manufacturer of the equipment recommends to
ensure their accuracy, or upon the coordinator's direction.
(d) Any temporary or permanent obstruction to safe and easy access to the facility to
be inspected and/or sampled shall be promptly removed by the user at the written or
Item # 8
37 Ordinance No.8322-13
Attachment number 1 \nPage 3�
verbal request of the coordinator and shall not be replaced. The costs of clearing such
access shall be borne by the user.
(e) Delays, which the coordinator considers unreasonable, in allowing the
coordinator access to the user's premises shall be a violation of this division.
(2) Search warrants. If the coordinator has been refused access to a building,
structure, or property, or any part thereof, and is able to demonstrate probable cause to
believe that there may be a violation of this division, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program of the city designed
to verify compliance with this division or any permit or order issued hereunder, or to
protect the overall public health, safety and welfare of the community, then the
coordinator may seek issuance of a search warrant from the Circuit Court of Pinellas
County.
Section 8. Section 32.216, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.218. Confidential information.
Information and data on a user obtained from reports, surveys, wastewater discharge
permit applications, wastewater discharge permits, and monitoring programs, and from
the coordinator's inspection and sampling activities, shall be available to the public
without restriction, unless the user specifically requests, and is able to demonstrate to
the satisfaction of the coordinator, that the release of such information would divulge
information, processes, or methods of production entitled to protection as trade secrets
under applicable state law.
(a) Formal request deadline: Any such request must be asserted at the time of
submission of the information or data;
(b) Protection of confidential information: When requested and demonstrated by the
user furnishing a report that such information should be held confidential, the portions of
a report which might disclose trade secrets or secret processes shall not be made
available for inspection by the public, but shall be made available immediately upon
request to governmental agencies for uses related to the NPDES program or
pretreatment program, and in enforcement proceedings involving the person furnishing
the report;
(c) Disclosure of wastewater discharge characteristics: Wastewater constituents and
characteristics and other "effluent data" as defined by EPA's 40 CFR 2.302 will not be
recognized as confidential information and will be available to the public without
restriction.
Section 9. Section 32.219, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Item # 8
38 Ordinance No.8322-13
Attachment number 1 \nPage 3!
Sec. 32.219. Publication of users in significant noncompliance.
The coordinator shall comply with the public participation requirements of Chapter 120
F.S., in enforcement of pretreatment standards. In addition, these procedures shall
include provision for at least annual public notification of industrial users who were in
siqnificant noncompliance with applicable pretreatment requirements at any time durinq
the previous 12 months. Public notification shall include beinq published in a
newspaper(s) of qeneral circulation within the iurisdiction served by the VWVF that
meets the requirements of Sections 50.011 and 50.013, F.S. for the purpose of this
provision. An industrial user is in siqnificant noncompliance if its violation meets one or
more of the followinq:����n °nni,���„ ;,, +ho ��rno�+ ��;�„ „�����o� ;�c
, ,
,
�ho fnlln�niinn•
(a) Chronic violations of wastewater discharge limits, defined here as those in which
66 percent or more of all of the wastewater measurements taken during a six-month
period exceed (by any maqnitude), a numeric pretreatment standard or requirement,
includinq instantaneous limits;r;��a�'., m�vimi,m �;m;+ „r �.,°r����;; fr�r +ho �.��
r�nlli i�on� r�oromo�or h�i on�i omni in�
(b) Technical review criteria (TRC) violations, defined here as those in which 33
percent or more of all�^��°+�� measurements �� for each pollutant parameter
during a six-month period equal or exceed the product of the numeric pretreatment
standard or requirement includinq instantaneous limits, multiplied by the applicable TRC
(TRC = 1.4 for BOC, TSS, total oil and qrease, and 1.2 for all other pollutants except
��
. -�■
- - " - - - - = - �:+a:iar
��_ :
(c) Any other discharge violation of a pretreatment standard or requirement (daily
maximum, lonq-term averaqe, instantaneous limit, or narrative standard) that the
nr+r+riJin�4r�r holio�ioodirector determines has caused, alone or in combination with other
discharges, interference or pass through, including endangering the health of the
WWF� personnel or the general public;
(d) Any discharge ^f n^", ,+�n+° that has ^�� �c�� imm inon4 oniJ�nnormon4 +„ +ho
n, ,h�;� „r +„ +�,�o,,,,;������ resulted in the control authority's
exercise of its emergency authority under 32.220(5) and/or (7) to halt or prevent such a
discharge;
Item # 8
39 Ordinance No.8322-13
Attachment number 1 \nPage 4i
(e) Failure to meet, within 90 days e�after the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement order
for starting construction, completing construction, or attaining final compliance;
(f) Failure to provide within �945 days after the due date�� required reports;
��such as baseline monitoring reports, 90 day compliance reports,�er�
�mr�lionno ,�,;+h ��+�r,����-�o„+ cion�Jor�J �o���;no� periodic self-monitoring
reports, and reports on compliance with compliance schedules;
(g) Failure to accurately report noncompliance; or
(h) Any other violation{�} or qroup of violations includinq a violation of best
manaqement practices, which the director determines will adversely affect
the operation or implementation of the �esa�pretreatment program.
Section 10. Section 32.220, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.220. Administrative enforcement remedies.
(1) Notification of violation. When the coordinator finds that a user has violated, or
continues to violate, any provision of this division, a wastewater discharge permit or
order issued hereunder, or any other pretreatment standard or requirement, the
coordinator may serve upon that user a written notice of violation. Within 14 calendar
days of the receipt of this notice, an explanation of the violation and a plan for the
satisfactory correction and prevention thereof, to include specific required actions, shall
be submitted by the user to the coordinator. Submission of this plan in no way relieves
the user of liability for any violations occurring before or after receipt of the notice of
violation. Nothing in this section shall limit the authority of the coordinator to take any
action, including emergency actions or any other enforcement action, without first
issuing a notice of violation.
(2) Consent orders. The coordinator may enter into consent orders, assurances of
voluntary compliance, or other similar documents establishing an agreement with any
user responsible for noncompliance. Such documents will include specific action to be
taken by the user to correct the noncompliance within a time period specified by the
document. Such documents shall have the same force and effect as the administrative
orders issued pursuant to subsections (4) and (5) of this section and shall be judicially
enforceable.
(3) Show cause hearing. The coordinator may order a user that has violated, or
continues to violate, any provision of this division, a wastewater discharge permit or
order issued hereunder, or any other pretreatment standard or requirement, to appear
before the coordinator and show cause why the proposed enforcement action should
not be taken.
Item # 8
40 Ordinance No.8322-13
Attachment number 1 \nPage 4
(a) Notice shall be formally served on the user specifying the time and place for the
meeting, the proposed enforcement action, the reasons for such action, and a request
that the user show cause why the proposed enforcement action should not be taken.
The notice of the meeting shall be served personally or by registered or certified mail
(return receipt requested) at least 14 calendar days prior to the hearing. Such notice
may be served on any authorized representative of the user.
(b) A show cause hearing shall not be a bar against, or prerequisite for, taking any
other action against the user.
(4) Compliance orders. When the coordinator fins that a user has violated, or
continues to violate, any provision of this division, a wastewater discharge permit or
order issued hereunder, or any other pretreatment standard or requirement, the
coordinator may issue an order to the user responsible for the discharge directing that
the user come into compliance within a specified time.
(a) Compliance orders shall include specific action(s) to be taken by the user, a
compliance reporting requirement and a milestone schedule for completion of
compliance activities and reporting.
(b) Compliance orders also may contain other requirements to address the
noncompliance, including additional self-monitoring and management practices
designed to minimize the amount of pollutants discharged to the sewer.
(c) A compliance order may not extend the deadline for compliance established for a
pretreatment standard or requirement, nor does a compliance order relieve the user of
liability for any violation, including any continuing violation.
(d) If the user does not come into compliance within the time provided, sewer service
may be discontinued unless adequate treatment facilities, devices, or other related
appurtenances are installed and properly operated.
(e) Issuance of a compliance order shall not be a bar against, or a prerequisite for,
taking any other action against the user.
(5) Cease and desist orders. When the coordinator fins that a user has violated, or
continues to violate, any provision of this division, a wastewater discharge permit or
order issued hereunder, or any other pretreatment standard or requirement, or that the
user's past violations are likely to recur, the coordinator may issue an order to the user
directing it to cease and desist all such violations and directing the user to:
(a) Immediately comply with all requirements; and
Item # 8
41 Ordinance No.8322-13
Attachment number 1 \nPage 4;
(b) Take such appropriate remedial or preventative action as may be needed to
properly address a continuing or threatened violation, including halting operations
and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for,
taking any other action against the user.
(6) Administrative fines.
(a) When the coordinator finds that a user has violated, or continues to violate, any
provision of this division, a wastewater discharge permit or order issued hereunder, or
any other pretreatment standard or requirement, the coordinator may fine such user in
an amount not to exceed $5,000.00. Such fines shall be assessed on a per violation,
per day basis. In the case of monthly or other long-term average discharge limits, fines
shall be assessed for each day during the period of violation.
(b) Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed
an additional penalty of 18 percent of the unpaid balance, and interest shall accrue
thereafter at a rate of 18 percent per month. A lien against the user's property will be
sought for unpaid charges, fines, and penalties.
(c) Users desiring to dispute such fines must file a written request for the coordinator
to reconsider the fine along with full payment of the fine amount within 14 calendar days
of being notified of the fine. Where a request has merit, the coordinator may convene a
hearing on the matter. In the event the user's appeal is successful, the payment,
together with any interest accruing thereto, shall be returned to the user. The
coordinator may add the costs of preparing administrative enforcement actions, such as
notices and orders, to the fine.
(d) Issuance of an administrative fine shall not be a bar against, or a prerequisite for,
taking any other action against the user.
(7) Emergency suspensions. The coordinator may immediately suspend a user's
discharge, after informal notice to the user, whenever such suspension is necessary to
stop an actual or threatened discharge which reasonably appears to present or cause
an imminent or substantial endangerment to the health or welfare of persons. The
coordinator may also immediately suspend a user's discharge, after notice and
opportunity to respond, that threatens to interfere with the operation of the VWVF�,
or which presents, or may present, an endangerment to the environment.
(a) Any user notified of a suspension of its discharge shall immediately stop or
eliminate its contribution. In the event of a user's failure to immediately comply
voluntarily with the suspension order, the coordinator may take such steps as deemed
necessary, including immediate severance of the sewer connection, to prevent or
minimize damage to the VWVF�, its receiving stream, or endangerment to any
individuals. The coordinator may allow the user to recommence its discharge when the
Item # 8
42 Ordinance No.8322-13
Attachment number 1 \nPage 4;
user has demonstrated tot eh satisfaction of the coordinator that the period of
endangerment has passed, unless the termination proceedings in 32.220 subsection (8)
nf +h�o �.o,.+;,,n are initiated against the user.
(b) A user that is responsible, in whole or in part, for any discharge presenting
imminent endangerment shall submit a detailed written statement, describing the
causes of the harmful contribution and the measures taken to prevent any future
occurrence, to the coordinator prior to the date of any show cause or termination
hearing under 32.220 subsections (3) or (8)_ ^f +h,� �o�+;,,,,
Nothing in this section shall be interpreted as requiring a hearing prior to any
emergency suspension under this section.
(8) Termination of discharge. In addition to the provisions in section 32.215(67)�#
+";� �;,,;�;^n any user who violates the following conditions is subject to discharge
termination:
(a) Violation of wastewater discharge permit conditions;
(b) Failure to accurately report the wastewater constituents and characteristics of its
discharge;
(c) Failure to report significant changes in operations or wastewater volume,
constituents, and characteristics prior to discharge;
(d) Refusal of reasonable access to the user's premises for the purpose of
inspection, monitoring, or sampling; or
(e) Violation of the pretreatment standards in section 32.212. ^f +";° ,�;.,;°;^n
Such user will be notified of the proposed termination of its discharge and be offered an
opportunity to show cause under 32.220 subsection (3) ^f +h�c �o�+;,,,, why the proposed
action should not be taken. Exercise of this option by the coordinator shall not be a bar
to, or a prerequisite for, taking any other action against the user.
Section 11. Section 32.221, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.221. Judicial enforcement remedies.
(1) Injunctive relief. When the coordinator finds that a user has violated, or continues
to violate, any provision of this division, a wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, the coordinator may
petition the Circuit Court of Pinellas County through the city's attorney for the issuance
of a temporary or permanent injunction, as appropriate, which restrains or compels the
specific performance of the wastewater discharge permit, order, or other requirement
Item # 8
43 Ordinance No.8322-13
Attachment number 1 \nPage 4�
imposed by this division on activities of the user. The coordinator may also seek such
other action as is appropriate for legal and/or equitable relief, including a requirement
for the user to conduct environmental remediation. A petition for injunctive relief shall
not be a bar against, or a prerequisite for, taking any other action against a user.
(2) Civil penalties.
(a) A user who has violated, or continues to violate, any provision of this division, a
wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement shall be liable to the city for a m°��nmimimum civil penalty
of $1,000.00 per violation, per day. In the case of a monthly or other long-term average
discharge limit, penalties shall accrue for each day during the period of the violation.
(b) The coordinator may recover reasonable attorneys' fees, court costs, and other
expenses associated with enforcement activities, including sampling and monitoring
expenses, and the cost of any actual damages incurred by the city.
(c) In determining the amount of civil liability, the court shall take into account all
relevant circumstances, including, but not limited to, the extent of harm caused by the
violation, the magnitude and duration of the violation, any economic benefit gained
through the user's violation, corrective actions by the user, the compliance history of the
user, and any other factor as justice requires.
(d) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for,
taking any other action against a user.
(3) Criminal prosecution.
(a) A user who willfully or negligently violates any provision of this division, a
wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable
by a minimum fine of $1,000.00 per violation, per day, and not more than $10,000.00
per violation, per day, or imprisonment for not more than six months, or both.
(b) A user who willfully or negligently introduces any substance into the POTW which
causes personal injury or property damage shall, upon conviction, be guilty of a felony
of the third degree and be subject to a minimum penalty of a�$1,000.00 per violation,
ep r day, , . or be subject to imprisonment for not more than five
years, or both. This penalty shall be in addition to any other cause of action for personal
injury or property damage available under state law.
(c) A user who knowingly makes any false statements, representations, or
certifications in any application, record, report, plan, or other documentation filed, or
required to be maintained, pursuant to this division, wastewater discharge permit, or
order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this division shall, upon conviction, be
Item # 8
44 Ordinance No.8322-13
Attachment number 1 \nPage 4;
punished by a minimum fine of $1,000.00 per violation, per day, and not more than
$10,000.00 per violation, per day, or imprisonment for not more than six months, or
both.
(4) Remedies nonexclusive. The remedies provided for in this division are not
exclusive. The coordinator may take any, all, or any combination of these actions
against a noncompliant user. Enforcement of pretreatment violations will generally be in
accordance with the city's enforcement response plan. However, the coordinator may
take other action against any user when the circumstances warrant. Further, the
coordinator is empowered to take more than one enforcement action against any
noncompliant user.
Section 12. Section 32.222, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.222. Supplemental enforcement action.
(1) Performance bonds. The coordinator may decline to issue or reissue a
wastewater discharge permit to any user who has failed to comply with any provision of
this division, a previous wastewater discharge permit, or order issued hereunder, or any
other pretreatment standard or requirement, unless such user first files a satisfactory
bond, payable to the city, in a sum not to exceed a value determined by the coordinator
to be necessary to achieve consistent compliance.
(2) Liability insurance. The coordinator may decline to issue or reissue a wastewater
discharge permit to any user who has failed to comply with any provision of this division,
a previous wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, unless the user first submits proof that it has
obtained financial assurances sufficient to restore or repair damage to the VWVF�
caused by its discharge.
(3) Water supply severance. Whenever a user has violated or continues to violate
any provision of this division, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement, water service to the user may be
severed. Service will only recommence, at the user's expense, after it has satisfactorily
demonstrated its ability to comply.
Section 13. Section 32.223, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.223. Affirmative defenses to discharge violations.
(1) Upset.
(a) For the purposes of this section, "upset" means an exceptional incident in which
there is unintentional and temporary noncompliance with categorical pretreatment
Item # 8
45 Ordinance No.8322-13
Attachment number 1 \nPage 4i
standards because of factors beyond the reasonable control of the user. An upset does
not include noncompliance to the extent caused by operational error, improperly
designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
(b) An upset shall constitute an affirmative defense to an action brought for
noncompliance with categorical pretreatment standards if the requirements of
paragraph (c), below, are met.
(c) A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs, or other
relevant evidence that:
1. An upset occurred and the user can identify the cause(s) of the upset;
2. The facility was at the time being operated in a prudent and workman-like
manner and in compliance with applicable operation and maintenance procedures; and
3. The user has submitted the following information to the coordinator within 24
hours of becoming aware of the upset if this information is provided orally, a written
submission must be provided within five days:
a. A description of the indirect discharge and cause of noncompliance;
b. The period of noncompliance, including exact dates and times or, if not
corrected, the anticipated time the noncompliance is expected to continue; and
c. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of
the noncompliance.
d. In any enforcement proceeding, the user seeking to establish the occurrence of
an upset shall have the burden of proof.
e. Users will have the opportunity for a judicial determination on any claim of upset
only in an enforcement action brought for noncompliance with categorical pretreatment
standards.
f. Users shall control production of all discharges to the extent necessary to
maintain compliance with categorical pretreatment standards upon reduction, loss, or
failure of its treatment facility until the facility is restored or an alternative method of
treatment is provided. This requirement applies in the situation where, among other
things, the primary source of power of the treatment facility is reduced, lost, or fails.
(2) Prohibited discharge standards. A user shall have an affirmative defense to an
enforcement action brought against it for noncompliance with the general prohibitions in
section 32.212(1)(a) of this division or the specific prohibitions in sections
Item # 8
46 Ordinance No.8322-13
Attachment number 1 \nPage 4
32.212(1)(b)3-17 of this division if it can prove that it did not know, or have reason to
know, that its discharge, alone or in conjunction with discharges from other sources,
would cause pass through or interference and that either:
(a) A local limit exists for each pollutant discharged and the user was in compliance
with each limit directly prior to, and during, the pass through or interference; or
(b) No local limit exists, but the discharge did not change substantially in nature or
constituents from the user's prior discharge when the city was regularly in compliance
with its NPDES permit, and in the case of interference, was in compliance with
applicable sludge use or disposal requirements.
(3) Bypass.
(a) For the purposes of this section,
1. "Bypass" means the intentional diversion of wastestreams from any portion of a
user's treatment facility.
2. "Severe property damage" means substantial physical damage to property,
damage to VWVF+ro�+mon+ f�,.;�;+,o�. which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be expected
to occur in the absence of a bypass. Severe property damage does not mean economic
loss caused by delays in production.
(b) A user may allow any bypass to occur which does not cause pretreatment
standards or requirements to be violated, but only if it also is for essential maintenance
to assure efficient operation. These bypasses are not subject to the provision of
paragraphs (c) and (d) of this section.
(c) Required notification for bypass.
1. If a user knows in advance of the need for a bypass, it shall submit prior notice to
the coordinator, at least #�10 days before the date of the bypass, if possible.
2. �User shall submit oral notice to the coordinator of an unanticipated bypass
that exceeds applicable pretreatment standards within 24 hours from the time it
becomes aware of the bypass. A written submission shall also be provided within five
days of the time the user becomes aware of the bypass. The written submission shall
contain a description of the bypass and its cause; the duration of the bypass, including
exact dates and times, and, if the bypass has not been corrected, the anticipated time it
is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the bypass. The coordinator may waiver the written report on a case-
by-case basis if the oral report has been received within 24 hours.
(d) Bypass is prohibited.
Item # 8
47 Ordinance No.8322-13
Attachment number 1 \nPage 4�
1. ����� �r�,�e�a��The coordinator may take an enforcement action
against a user for a bypass, unless:
(a) Bypass was unavoidable to prevent loss of life, personal injury, or sever property
damage;
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance during normal periods
of equipment downtime. This condition is not satisfied if adequate back-up equipment
should have been installed in the exercise of reasonable engineering judgment to
prevent a bypass which occurred during normal periods of equipment downtime or
preventive maintenance; and
(c) The user submitted notices as required under paragraph (c) of this section.
2. The coordinator may approve an anticipated bypass, after considering its
adverse effects, if the coordinator determines that it will meet the three conditions listed
in paragraph (d) 1 of this section.
Section 14. Section 32.224, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.224. Wastewater treatment rates.
(1) Surcharged wastewater service fees. Any business or industry that discharges
5,000 gpd or more of wastewater in excess of the allowable concentrations of the
following parameters may be subjected to a surcharged service fee to cover the
increased costs associated with treatment. These fees shall be added to the monthly
service charge as follows:
Surcharge
Parameter Explanation Rate
BOD5 Fee is based on the excess concentration above 250 mg/I. $ 0.�932/Ib
Fee is computed as the total volume of inetered water
over the billing period, expressed in millions of gallons
(MG) multiplied by the average day BOD5 in excess of
250 mg/I, the conversion factor of 8.34 and the surcharge
rate.
TSS Fee is based on the excess concentration above 250 mg/I. $ 0.�932/Ib
Fee is computed as the total volume of inetered water
over the billing period, expressed in millions of gallons
(MG) multiplied by the average day TSS in excess of 250
mg/I, the conversion factor of 8.34 and the surcharge
rate.
Item # 8
48 Ordinance No.8322-13
Attachment number 1 \nPage 4!
Nitrogen (TN) Fee is based on the excess concentration above 35 mg/I. $ 0.4�50/Ib
Fee is computed as the total volume of inetered water
over the billing period, expressed in millions of gallons
(MG) multiplied by the average day TN in excess of 35
mg/I, the conversion factor of 8.34 and the surcharge
rate.
Fats Oil & Fee is based on the excess concentration above 100 mg/I. $1.46/Ib
Grease Fee is computed as the total volume of inetered water
over the billing period, expressed in millions of gallons
(MG) multiplied by the average day FOG in excess of 100
mg/I, the conversion factor of 8.34 and the surcharge rate.
(2) Fees for °°�+���hauled liquid wastes. Septic tank wastes will be accepted at
the WRF�. Other hauled liquid waste may be accepted as authorized by the
director.
(a) The `��minio4r�4r�rdirector or desiqnee has+ho nr�r�riJin�4r�r h��io the right to reject
introduction of septic tank wastes and or other hauled liquid waste into the WRF�
at any time.
(b) See Appendix A for �fees for septic tank wastes �^��" ho °°+.�hGohor! ��. Q�ti nn q
fee will be charqed for eas#� up to the first 1,000 gallons, and then a per qallon price
thereafter.^f "�, ,'°,� ,^,�°+o,�,�+or
(c) See Appendix A for fees for hauled liquid waste other than septic. A fee will be
charqed for the first 1,000 qallons of hauled wastewater, and then a per qallon price
thereafter.
(d) The `��minio4r�4r�rdirector will periodically review and adjust fees for septic tank
wastes based on the strength and/or volumes of septic tank wastes received at the
WRF� and other considerations.
Section 15. Section 32.225, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.225. Miscellaneous provisions.
(1) Pretreatment charges and fees. The city may adopt reasonable fees, as set by
the `��minio4r�4r�rdirector, for reimbursement of costs of setting up and operating the
city's pretreatment program which may include:
(a) Fees for wastewater discharge permit applications including the cost of
processing such applications;
Item # 8
49 Ordinance No.8322-13
Attachment number 1 \nPage 5i
(b) Fees for monitoring, inspection, and surveillance procedures including the cost of
collection and analyzing a user's discharge, and reviewing monitoring reports submitted
by users;
(c) Fees for reviewing and responding to accidental discharge procedures and
construction;
(d) Fees for filing appeals; and
(e) Other fees as the city may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters covered by this division and
are separate from all other fees, fines, and penalties chargeable by the city.
(2) Severability. If any provision of this division is invalidated by any court of
competent jurisdiction, the remaining provisions shall not be effected and shall continue
in full force and effect.
Section 16. Appendix A, Article XXV, PUBLIC WORKS —FEES, RATES AND
CHARGES, Section (7), Hauled liquid waste, Clearwater Code of Ordinances is
amended as follows:
(7) Hauled liquid waste. The fees for disposal of haul liquid waste at the desiqnated
disposal location(s) are as follows:
(a) Septic tank waste $27.50 for first 1,000 qallons or part thereof
$0.0275 for each qallon thereafter
(b) Hauled liquid waste other than septic $125.00 for first 1,000 qallons or part thereof
$0.125 for each qallon thereafter
Section 17. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Countersigned:
George N. Cretekos
CITY OF CLEARWATER, FLORIDA
:
William B. Horne II
Item # 8
50 Ordinance No.8322-13
Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
51
City Manager
Attest:
Rosemarie Call
City Clerk
Attachment number 1 \nPage 5
Item # 8
Ordinance No.8322-13
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:2/21/2013
Adopt Ordinance 8375-13 on second reading, vacating a portion of that certain private ingress/egress easement lying within Lot 5,
Renaissance Oaks First Addition as recorded in Plat Book 137, Pages 71 and 72 of the Public Records of Pinellas County, Florida.
SUMMARY:
Review Approval:
Cover Memo
��11�:�%�
Attachment number 1 \nPage 1
ORDINANCE NO. 8375-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING A PORTION OF THAT CERTAIN
PRIVATE INGRESS/EGRESS EASEMENT LYING WITHIN
LOT 5, RENAISSANCE OAKS FIRST ADDITION, AS
RECORDED IN PLAT BOOK 137, PAGES 71 AND 72 OF
THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO, SUBJECT TO CONDITIONS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Deeb Family Homes, Ltd., owner (the Owner) of real property located
in the City of Clearwater, Florida (the City), has requested that the City vacate the portion
of the Ingress/Egress Easement depicted in Exhibit "A" attached hereto; and
WHEREAS, the City Council finds that the portion said easement described herein
is not necessary for municipal purposes, and it is deemed to be to the best interest of the
City and the general public that the same be vacated, subject to conditions; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following:
That certain private ingress/egress easement lying within Lot 5, Renaissance Oaks First
Addition, as recorded in Plat Book 137, Pages 71 and 72 of the Public Records of Pinellas
County, Florida, being more particularly described in Exhibit "A," attached hereto, shall
hereby be vacated, and the City releases all of its right, title and interest only to the private
ingress/egress easement, contingent upon the following conditions:
The Owner shall grant the City a new ingress/egress easement, the location and
terms of which shall be acceptable to the City, over a portion of Lot 4, Renaissance
Oaks First Addition, as recorded in Plat Book 137, Pages 71 and 72 of the Public
Records of Pinellas County, Florida; and
2. That certain 10' Drainage and Utility Easement, portions of which lie within the area
described in Exhibit "A" attached hereto, shall remain in full force and effect; and
3. This vacation ordinance shall be null and void if any of the preceding conditions are
not met within 45 calendar days from the adoption of this ordinance.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
Item # 9
[A04-02051 /47215/1] Ordinance No.8375 -13
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Camilo A. Soto
Assistant City Attorney
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
Attachment number 1 \nPage 2
I[�'ii�:�'7
[A04-02051 /47215/1] Ordinance No.8375 -13
Attachment number 2 \nPage 1
�'MM�' Land Surve�ying, LL C_
300A SOUTH BELCHER ROAD, CLEARWATER, FLOR/DA 33765
OFF/CE (727) 474-3751, FAX (727) 474-3753
emaiL• emmelandsu�vey��gmail. com
CERT/F/CA TE OF AUTHOR/ZA T/ON LB ND. 7895
� FOR THE BENEFI T OF.• DEEB FAMIL Y HOMES ✓OB NUMBER: 2012106
SEC770N 16, TOWNSHIP 29 SOUTH. RANGE 16 EAST
EXHIBIT �A" CITY OF CLEARWTAER, PINELLAS COUNTY, FLORIDA
DESCR/P T/ON: PORTION OF PLAT7'ED PRIUATE INGRESS/EGRESS EASEMENT TO BE UACATED
Being a portion of that Private ingressLEgress Easement ly►'ng within Lot 5, RENAISSANCE OAKS FIRST
ADDITION, as recorded in Plat Book 137 Paqes 71 and 72 of the Public Records of Pinellas County, Florida,
and beinq further described as follows:
COMMENCE at the Northwest corner of Lot 5, RENAISSANCE OAKS FIRST ADDITION, as recorded in Plat Book
137, Pages 71 and 72 of the Public Records of Pinellas County, Florida; thence N.89 44 55'E, along the North
line of said Lot 5, same bein the South line of Tract A—i (a 50 foot wide private ingress, eqress, access,
drainaqe and utility easement� same also being the North line of a Private Inqress/Eqress Easement, all as
shown on said RENAISSANCE OAKS FIRST ADDITION (being the basis of bearinqs for this description), for 24.37
feet for the POINT OF BEGINNING• thence continue alonq said North line of Lot 5, South line of Tract A-1,
and North line of that Private Inqress/Egress Easement, N.89 44'S5 E., for 10.63 feet; thence leavinq said
North line of Lot 5, South line of Tract A—i, and said North line of that Private Ingress/Egress Easement,
S DO'15'05 E., alonq the East line of said Private ingress/Eqress Easement, for 38.00 feet; thence
S 89 44'S5"W., alonq the South line of said Private Ingress/Eqress Easement, for 14.97 feet; thence leavin�
said South line of that Private ln�c� ress Eqress Easement, N.00'18'02"W., for 25.88 feet; thence N.1933'S0 E.,
for 12.88 feet to the POINT OF BFGIN IIV�.
N
i
4i r
J
V
�:
Containing 543 square feet or 0.0125 acres, more or less. __ __ __ __ __
RENfIISSANCF' OAKS FIRSTADDITION o
ABBREVIA TIONS LEGEND:
P.B. 137, PGS. 71-72 °
AC. = ACRES
C = CENTERLINE — — � _
COR. = CORNER
ESMT. = EASEMENT P. O. C.
M.O.L. = MORE OR LESS
O.R. = OFFICIAL RECOROS BOOK N.W. COR. LOT 5
(P) = DATA PER REFERENCED PLAT N L/NE LOT 4
P.B. = PLAT BOOK S L/NE 7�=A_�
PG. = PAGE � 10' ORAINAGE & — — —
P.O. B. = POINT OF BEGINNING UT�L/TY Eq SEME/V T�p�
P.O.C. = POINT OF COMMENCEMENT — _
P. S. M. = PROFESSIONAL — — — — — —
SURI�EYOR AND MAPPER N.19�.3.3�JrO�E.—
R/W = RIGHT OF WAY 12 �' �.
SQ. FT. = SQUARE FEET �
SEC. = SECAON LOT 4 �
TWP. = TOWNSHIP �
RGE. = RANGE / 2
EXISTING PRIVATE �
INGRESS/EGRESS �
EASEMENT (P)
SUR I/EYOR'S NOTES.•
1) NOT A BOUNDARY SURVEY.
2) THIS DESCRlP170N AND SKETCH WAS PREPARED WITH THE BENEFIT OF
RENAISSANCE OAKS FIRST ADDl170N ; AS RECORDED lN PLAT BOOK 137,
PAGES 71 AND 72 OF THE PUBLIC RECOROS OF PINELLAS COUNTY, FLORIDA.
THE BEARINGS SHOWN HEREON ARE BASED UPON THE INFORMA770N
CONTAINED IN TNIS PLAT.
3) NO INSTRUMENTS OF RECORD REFLEC7ING EASEMENTS, RIGHTS—OF—WAY
AND/OR OWNERSNIP WERE FURNISNED THIS SURVEYOR EXCEPT AS SNOWN
HEREON.
4) UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER TNIS ORAWING, SKETCH, PLAT OR
MAP lS FOR INFORMA770NAL PURPOSES ONLY AND lS NOT VALID.
LEANNE COURT N
TRACT A-1(P)
PRI VA TE INGRESS, EGRESS, ACCESS,
DRAINAGE & UTILITY EASEMENT(P�o
P. �. B. N.89'44'S5"E. �
f0.63' N
N.89 44 55 E
�14. � N. LINE LOT 5,
W � S. LINE TRACT A-1
— — �� R _�';n_(�S� QE BEALN�`
O� � T ��.
g�J�l
gN �
4i 2
—2—�
LOTS
�89
S.
PORTION OF
EXISTING PRIVATE
�INGRESS/EGRESS
EASEMENT TO
BE VACA TED
4 TE
ESMT.
CER7IFIED AS A DESCRlP710N AND SKETCH
11/13/2012
ELIZABETH KA THLEEN MER TA, P. S. M. 6113
STATE OF FLORIDA PROFESSIONAL SURVEYOR AND
MAPPER
Item # 9
Page 1 of 1
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:2/21/2013
Amend Purchase Order ST109023 to Duval Ford of Jacksonville, FL to include the purchase of three additional Ford F-150 Pickup
Trucks for a total cost of $144,448.00, in accordance with Sec. 2.56(1)(d) - Code of Ordinances - Other Governmental Bid; authorize
lease purchase under the City's Master Lease Purchase Agreement for the additional amount of $52,642.00 and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
The three Ford F-150 pickup trucks will be purchased through the Florida Sheriff s Association Contract 12-20-0905,
Specification 38 and quote dated January 30, 2013.
These trucks will replace G2132 (1999 Chevrolet Sonoma) with 95,045 miles, G2816 (2004 Ford Ranger)
with 104,077 miles and G2342 (2001 Chevrolet Sonoma) with 84,246 miles. These trucks are assigned to
Engineering, Customer Service and Parks and Recreation.
These trucks are included in the Fiscal Year 2012/2013 Garage CIP Replacement Fund and will be added to the
current purchase order issued to Duval Ford on November 16, 2012.
Type:
Purchase
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
0316-94241-564100-519-
0000
Bid Required?:
Other Bid / Contract:
Review Approval:
$10,949.54
2012 to 2013
Amount
$52,642.00
No
Florida
Sheriff s
Association
#12-20-0905
Budget Adjustment:
Annual Operating Cost:
Total Cost:
Appropriation Comment
L/P CIP
Bid Number:
Bid Exceptions:
None
$11,760.00
$22,709.54
None
Cover Memo
I[�'ii�:�i[17
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:2/21/2013
Approve a Contract (Blanket Purchase Order) to Honeywell International, Inc. - Building Solutions of Chicago, IL for an amount not
to exceed $160,000 for the quarterly Maintenance Fees for the period May 1, 2013 through Apri130, 2014, per the contracts dated
November 17, 2008 and Apri128, 2010 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City of Clearwater signed two contracts with Honeywell Building Solutions to retrofit various buildings with
energy saving devices under the State of Florida Energy Savings Contract 973-320-08-1. These contracts included
provisions for guaranteed savings under the Performance Contracting specifications.
The first contract was signed on November 17, 2008. Several lighting changes were completed, replaced air
conditioning units and installed dehumidifier in the pool area to create a better environment and protect the steel
structure from rust and deterioration. The contract term is 20 years. The savings in the 3rd year was $42,129 above
the guaranteed savings of $196,016.
The second contract was signed on April 28, 2010. This contract included lighting changes in numerous buildings,
air conditioning replacements and automated HVAC controls in various City buildings and pool pump replacement
at the Long Center. The contract term is 15 years. The savings in the 2nd year was $52,145 above the guaranteed
savings of $391,182.
The contracts required Honeywell to maintain all the systems installed for the term of the contract. This Blanket
Purchase Order covers the maintenance and audit costs for one year.
Type:
Operating Expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
565-06531-530300-519-000
Bid Required?:
Other Bid / Contract:
Review Approval:
$131,028
$160,000
4/1/2012 to 3/31/2013
Amount
$160,000
No
Budget Adjustment:
Annual Operating Cost:
Total Cost:
Appropriation Comment
Other Contractual Services
Bid Number:
Bid Exceptions:
None
$131,028
None
Cover Memo
�i�i��:��)
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:2/21/2013
Award a contract (Purchase Order) for $430,753.00 to Duval Ford of Jacksonville, FL for the purchase of two Ford R550 chassis
with CUES TV Hi-Cube Van, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other Governmental bid; authorize lease
purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The trucks will be purchased through the Florida Sheriff s Contract 12-10-0905, Specification 6 and quote dated
January 30, 2013.
These trucks will replace G2922 (2004 Ford CUES TV Van) with 49,200 miles that belongs to Engineering and
G2579 (2001 Ford CUES TV Van) with 92,493 miles that belongs to Public Utilities. These trucks are included in
the Fiscal Year 2012/2013 Garage CIP Replacement Fund.
G2922 has been retired due to broken truck frame, worn out suspension, major front end problems and defective
generator. The truck chassis was too light for the application and could not withstand the pressures of the work
assignments. The cost to attempt repairs is extremely high. The replacement chassis specifications are much higher
and will result in longer life.
These trucks are used to inspect Stormwater and Sewer pipes throughout the City.
Type:
Purchase
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
0316-94241-564100-519-
0000
Bid Required?:
Other Bid / Contract:
Review Approval:
$89,596.62
2012 to 2013
Amount
$430,753.00
No
Florida
Sheriff s
Association
#12-10-0905
Budget Adjustment:
Annual Operating Cost:
Total Cost:
Appropriation Comment
L/P CIP
Bid Number:
Bid Exceptions:
None
$30,794.06
$120,390.68
None
Cover Memo
I[�'ii�:�iN•l
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:2/21/2013
Award a Contract (Purchase Order) for $240,917.00 to Atlantic Truck Center of Pompano Beach, FL for one M2 Freightliner Chassis
with Wayne Gladiator Sweeper, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid; authorize lease
purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent)
SUMMARY:
This sweeper was presented to the City Council on January 14, 2013 and approved on January 17. A purchase order
was issued on January 18. After further review of the documentation submitted by both vendors, staff found several
mistakes in both proposals. The purchase order was cancelled and both vendors submitted new proposals. A
thorough review was conducted and staff is recommending the purchase of this proposal.
The sweeper will be purchased through the Florida Sheriff s Contract 12-10-0905, Specification 9 and quote dated
January 23, 2013.
This sweeper will replace G2749 (2003 Elgin Sweeper) with 84,980 miles. The auxiliary engine has 7.530 hours.
The Sweeper is included in the Fiscal Year 2012/2013 Garage CIP Replacement Fund. This sweeper is assigned to
the Stormwater group in Engineering.
Type:
Purchase
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
0316-94241-564100-519-
0000
Bid Required?:
Other Bid / Contract:
$50,110.74
2012 to 2013
Amount
$240,917.00
No
Florida
Sheriff s
Association
#12-10-0905
Budget Adjustment:
Annual Operating Cost:
Total Cost:
Appropriation Comment
L/P CIP
Bid Number:
Bid Exceptions:
None
$17,612.00
$67,722.74
None
Cover Memo
Review Approval: Item # 13
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:2/21/2013
Approve the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD), which provides
reimbursement ofproject costs up to $800,000 for the Mandalay Avenue Stormwater Outfall project (11-0031-EI�; award a
construction contract to Kamminga and Roodvoets, Inc. of Tampa, FL, in the amount of $1,343,615.35, and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
The Mandalay Avenue Outfall proj ect will provide a new and larger outfall for approximately 21 acres. The proj ect begins at the
Mandalay Ave and San Marco intersection and outfalls at the East end of Papaya Street at the seawall.
Construction of this project includes installation of approximately of 1,500 LF of pipe and box culvert of various sizes, some
segments are new pipes and some segments are upgrades to the existing undersized pipe.
The project will also include installation of two stormwater treatment devices to collect pollutants and improve the water quality.
To accommodate businesses and residents, the project will not commence until on or after April 8, 2013 and is anticipated to be
completed by December 2013.
The project will be cooperatively funded by the Southwest Florida Water Management District (SWFWMD) at 50-percent of the
construction cost up to a maximum of $800,000.
First quarter amendments will establish a Capital Improvement Program (CIP) project 0315-96183, Mandalay Ave Outfall with
$800,000 of SWFWMD budget and transfer $800,000 from CIP 0315-96170, Coastal Basins Projects, to match the grant.
Sufficient funding is available in Utility Renewal and Replacement projects in amounts of $102,030.50 in 327-96742, Line
Relocation - Capital and $34,188 in 327-96634, Sanitary Utility Relocation Acco, and $20,186.10 in CIP 315-96739, Reclaimed
Water Distribution System with total Utilities funding in the amount of $156,404.60 and for total funding of the construction contract
in the amount of $1,343,615.35 and other associated costs to the project in the amount of $412,789 for total funding of the project in
the amount of $1,756,404.60.
Type:
Capital expenditure
Current Year Budget?: No
Budget Adjustment Comments:
See summary
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
0315-96183-563700-539-
000-0000
0327-96742-563800-533-
000-0000
0315-96739-563 800-533 -
$1,343,615.35
$1,343,615.35
2012 to 2013
Amount
$1,187,210.75
102,030.50
20,186.10
Budget Adjustment:
Annual Operating Cost:
Total Cost:
Appropriation Comment
See summary
See summary
See summary
Yes
$1,343,615.35
Cover Memo
IE�ii�:�iC!
1��� ����
0327-96634-563 800-535-
000-0000
Bid Required?:
Other Bid / Contract:
Review Approval:
Yes
� � � � �
.
See summary
Bid Number:
Bid Exceptions:
11-0031-EN
None
Cover Memo
��11�:���
MANDALAY AVENUE STORMWATER OUTFALL PROJECT 11-0031-EN
THURSDAY, JANUARY 24, 2013 AWARD - THURSDAY, FEBRUARY 21, 2013
GIBBS & REGISTER, INC. KAMMINGA & ROODVOETS MTM CONTRACTORS ROWLAND, INC.
232 S. DILLARD ST. 5219 CONE RD. 6550 53RD ST. N. 6855 102ND AVE. N
WINTER GARDEN, FL 34787 TAMPA, FL 33610 PINELLAS PARK, FL 33781 PINELLAS PARK, FL 33782
BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
STORMWATER
1.0 MOBILIZATION & SITE PREPARATION
11 Mobilization, General Conditions, Demobilization LS 1 $ 150,000.00 $ 150,000.00 $ 169,800.00 $ 169,800.00 $ 199,699.36 $ 199,699.36 $ 113,525.00 $ 113,525.00
12 Maintenance of Traffic (Vehicular & Pedestrian) LS 1 $ 45,000.00 $ 45,000.00 $ 10,000.00 $ 10,000.00 $ 20,124.00 $ 20,124.00 $ 12,325.00 $ 12,325.00
1.3 Erosion and Sediment Control LS 1 $ 25,000.00 $ 25,000.00 $ 6,000.00 $ 6,000.00 $ 15,500.00 $ 15,500.00 $ 6,041.90 $ 6,041.90
2.0 EARTHW ORK
2.1 Swale Construction LF 70 $ 10.00 $ 700.00 $ 15.00 $ 1,050.00 $ 15.00 $ 1,050.00 $ 58.50 $ 4,095.00
22 Unsuitable Material Removal & Replacement CY 60 $ 40.00 � 2,400.00 $ 33.00 $ 1,980.00 $ 35.00 $ 2,100.00 $ 56.50 $ 3,390.00
(Pipe/Culvert & Structure Bedding Only)
2.3 Rock Excavation CY 25 $ 60.00 � 1,500.00 $ 14.00 $ 350.00 $ 175.00 $ 4,375.00 $ 49.25 $ 1,231.25
2.4 Additional Bacl�ill Material (Flowable Fill) (if CY 60 $ 225.00 � 13,500.00 $ 120.00 $ 7,200.00 $ 145.00 $ 8,700.00 $ 142.00 $ 8,520.00
needed)
2.5 Additional Pipe Bedding Material (FDOT No. 57 CY 60 $ 110.00 � 6,600.00 $ 56.00 $ 3,360.00 $ 52.00 $ 3,120.00 $ 64.50 $ 3,870.00
Stone) (if needed)
2.6 Additional Roadway Base Material (Crushed CY 60 $ 90.00 � 5,400.00 $ 83.00 $ 4,980.00 $ 41.00 $ 2,460.00 $ 94.75 $ 5,685.00
Concrete) (if needed)
3.0 DRAINAGE
3.1 15" RCP LF 125 $ 65.00 $ 8,125.00 $ 69.00 $ 8,625.00 $ 131.00 $ 16,375.00 $ 178.00 $ 22,250.00
32 24" RCP LF 15 $ 175.00 $ 2,625.00 $ 81.00 $ 1,215.00 $ 250.00 $ 3,750.00 $ 211.00 $ 3,165.00
3.3 36" RCP LF 130 $ 90.00 $ 11,700.00 $ 104.00 $ 13,520.00 $ 150.00 $ 19,500.00 $ 270.00 $ 35,100.00
3.4 42" RCP LF 250 $ 135.00 $ 33,750.00 $ 116.00 $ 29,000.00 $ 195.00 $ 48,750.00 $ 205.00 $ 51,250.00
3.5 19" x 30" ERCP LF 400 $ 80.00 $ 32,000.00 $ 93.00 $ 37,200.00 $ 170.00 $ 68,000.00 $ 175.00 $ 70,000.00
3.6 29" x 45" ERCP LF 15 $ 200.00 $ 3,000.00 $ 151.00 $ 2,265.00 $ 312.00 $ 4,680.00 $ 442.00 $ 6,630.00
3.7 34" x 53" ERCP LF 305 $ 170.00 $ 51,850.00 $ 169.00 $ 51,545.00 $ 265.00 $ 80,825.00 $ 282.00 $ 86,010.00
3.8 ' x 2' Box Culvert LF 30 $ 750.00 $ 22,500.00 $ 433.00 $ 12,990.00 $ 560.00 $ 16,800.00 720.00 $ 21,600.00
3.9 ' x 3' Box Culvert LF 175 $ 900.00 $ 157,500.00 $ 407.00 $ 71,225.00 $ 875.00 $ 153,125.00 � 475.00 $ 83,125.00
3.10 ' x 3' Box Culvert LF 195 $ 950.00 $ 185,250.00 $ 501.00 $ 97,695.00 $ 1,275.00 $ 248,625.00 � 600.00 $ 117,000.00
3.11 ity Standard Curb Inlet (S.D. A-9) EA 1 $ 4,500.00 $ 4,500.00 $ 1,700.00 $ 1,700.00 $ 5,560.00 $ 5,560.00 � 4,400.00 $ 4,400.00
3.12 DOT Type J-7T M.H. (5' x 5� EA 2 $ 5,000.00 $ 10,000.00 $ 3,500.00 $ 7,000.00 $ 8,700.00 $ 17,400.00 6,775.00 $ 13,550.00
5
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MANDALAY AVENUE STORMWATER OUTFALL PROJECT 11-0031-EN
THURSDAY, JANUARY 24, 2013 AWARD - THURSDAY, FEBRUARY 21, 2013
GIBBS & REGISTER, INC. KAMMINGA & ROODVOETS MTM CONTRACTORS ROWLAND, INC.
232 S. DILLARD ST. 5219 CONE RD. 6550 53RD ST. N. 6855 102ND AVE. N
WINTER GARDEN, FL 34787 TAMPA, FL 33610 PINELLAS PARK, FL 33781 PINELLAS PARK, FL 33782
BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
3.13 FDOT Type J-7T M.H. (6' x 6� EA 1 $ 7,500.00 $ 7,500.00 $ 4,800.00 $ 4,800.00 $ 11,100.00 $ 11,100.00 $ 7,500.00 $ 7,500.00
3.14 FDOT Type J-7T M.H. (6' x 7� EA 1 $ 8,000.00 $ 8,000.00 $ 5,300.00 $ 5,300.00 $ 7,800.00 $ 7,800.00 $ 8,025.00 $ 8,025.00
3.15 FDOT Type J-7T M.H. w/ Weir (6' x 8.5� EA 1 $ 13,500.00 $ 13,500.00 $ 6,400.00 $ 6,400.00 $ 12,100.00 $ 12,100.00 $ 11,225.00 $ 11,225.00
3.16 FDOT Type J-7T M.H. (7' x 7� EA 2 $ 9,500.00 $ 19,000.00 $ 5,700.00 $ 11,400.00 $ 11,100.00 $ 22,200.00 $ 8,700.00 $ 17,400.00
3.17 FDOT Type J-7T M.H. w/ Conflict (8' x 8� EA 1 $ 12,500.00 $ 12,500.00 $ 7,000.00 $ 7,000.00 $ 11,100.00 $ 11,100.00 $ 10,725.00 $ 10,725.00
3.18 FDOT Type J-7T M.H. (8' x 4� EA 1 $ 11,500.00 $ 11,500.00 $ 10,500.00 $ 10,500.00 $ 9,175.00 $ 9,175.00 $ 6,875.00 $ 6,875.00
3.19 FDOT Type J-7T M.H. (8' x 6') EA 1 $ 8,400.00 $ 8,400.00 $ 6,400.00 $ 6,400.00 $ 9,958.00 $ 9,958.00 $ 8,575.00 $ 8,575.00
320 Junction Box (6' x 6� Cast -In-Place EA 1 $ 15,000.00 $ 15,000.00 $ 22,500.00 $ 22,500.00 $ 8,775.00 $ 8,775.00 $ 15,450.00 $ 15,450.00
321 Junction Box (9.5' x 7� Cast -In-Place EA 1 $ 16,000.00 $ 16,000.00 $ 22,600.00 $ 22,600.00 $ 12,350.00 $ 12,350.00 $ 17,125.00 $ 17,125.00
322 FDOT Type "V" Gutter Inlet on "J" Bott.(3.5'x7� EA 1 $ 5,600.00 $ 5,600.00 $ 4,700.00 $ 4,700.00 $ 9,710.00 $ 9,710.00 $ 7,525.00 $ 7,525.00
323 FDOT Type °F" D.B.I. on "J" Bott. (9' x 6') EA 1 $ 9,800.00 $ 9,800.00 $ 6,700.00 $ 6,700.00 $ 10,200.00 $ 10,200.00 $ 8,400.00 $ 8,400.00
324 FDOT Type °F" D.B.L EA 4 $ 3,500.00 $ 14,000.00 $ 2,200.00 $ 8,800.00 $ 4,634.00 $ 18,536.00 $ 4,325.00 $ 17,300.00
325 FDOT Type °F" D.B.I. on Box Culvert EA 2 $ 3,500.00 $ 7,000.00 $ 1,800.00 $ 3,600.00 $ 4,533.00 $ 9,066.00 $ 2,000.00 $ 4,000.00
326 Baffle Box EA 2 $ 75,000.00 $ 150,000.00 $ 61,000.00 $ 122,000.00 $ 92,295.00 $ 184,590.00 $ 78,450.00 $ 156,900.00
327 Seawall Reconstruction (Including Manatee Screen LS 1
& Riprap Sump Construction) $ 65,000.00 $ 65,000.00 $ 36,200.00 $ 36,200.00 $ 61,596.00 $ 61,596.00 $ 110,750.00 $ 110,750.00
328 15" Storm Pipe Abandonment (Mandalay) & 15° LS 1
Pipe Plug Construction (East Shore) $ 25,000.00 $ 25,000.00 $ 1,500.00 $ 1,500.00 $ 3,500.00 $ 3,500.00 $ 4,650.00 $ 4,650.00
329 Underdrain Removal & Replacement (6" & 8") LF 100 $ 78.00 $ 7,800.00 $ 24.00 $ 2,400.00 $ 55.00 $ 5,500.00 $ 51.75 $ 5,175.00
4.0 PAVING & MARKING
41 Milling (Up to 2") (Within Project Area) SY 5,900 $ 4.00 $ 23,600.00 $ 3.45 $ 20,355.00 $ 6.75 $ 39,825.00 $ 4.30 $ 25,370.00
42 Type S-I Asphalt Overlay (Within Project Area) TN 105 $ 130.00 $ 13,650.00 $ 110.00 $ 11,550.00 $ 192.00 $ 20,160.00 $ 162.50 $ 17,062.50
4.3 Type S-III Asphalt Overlay (Within Project Area) TN 600 $ 120.00 � 72,000.00 $ 111.00 $ 66,600.00 $ 177.00 $ 106,200.00 $ 149.75 $ 89,850.00
4.4 Asphalt Pavement Restoration (City Approval SY 150 100 � 15,000.00 $ 10.00 $ 1,500.00 $ 45.00 $ 6,750.00 $ 59.50 $ 8,925.00
Required)
4.5 aight Curb LF 315 $ 17.00 $ 5,355.00 $ 23.00 $ 7,245.00 $ 21.00 $ 6,615.00 � 20.50 $ 6,457.50
4.6 eader Curb LF 350 22 $ 7,700.00 $ 25.00 $ 8,750.00 $ 19.00 $ 6,650.00 � 14.20 $ 4,970.00
4.7 ity Modified Curb LF 380 $ 22.00 $ 8,360.00 23 $ 8,740.00 $ 25.00 $ 9,500.00 � 15.20 $ 5,776.00
4.8 ity Type I Curb (includes drop) LF 160 $ 23.00 $ 3,680.00 $ 26.00 $ 4,160.00 $ 19.00 $ 3,040.00 21.95 $ 3,512.00
5
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N
MANDALAY AVENUE STORMWATER OUTFALL PROJECT 11-0031-EN
THURSDAY, JANUARY 24, 2013 AWARD - THURSDAY, FEBRUARY 21, 2013
GIBBS & REGISTER, INC. KAMMINGA & ROODVOETS MTM CONTRACTORS ROWLAND, INC.
232 S. DILLARD ST. 5219 CONE RD. 6550 53RD ST. N. 6855 102ND AVE. N
WINTER GARDEN, FL 34787 TAMPA, FL 33610 PINELLAS PARK, FL 33781 PINELLAS PARK, FL 33782
BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
4.9 Valley Gutter Curb LF 30 $ 25.00 $ 750.00 28 $ 840.00 $ 25.00 $ 750.00 $ 23.90 $ 717.00
4.10 Paver & Concrete Base Restoration (utilize exist. SF 2,000 $ 14.00 � 28,000.00 $ 12.00 $ 24,000.00 $ 17.50 $ 35,000.00 $ 14.70 $ 29,400.00
pavers)
4.11 Pavement Markings / Striping Restoration (Within LS 1 $ 8,500.00 � 8,500.00 $ 4,450.00 $ 4,450.00 $ 12,250.00 $ 12,250.00 $ 7,625.00 $ 7,625.00
Project Area)
4.12 Concrete Sidewalk Restoration (Match Existing SF 2,775 $ 8.50 � 23,587.50 $ 4.70 $ 13,042.50 $ 4.95 $ 13,736.25 $ 6.60 $ 18,315.00
Thickness)
4.13 Concrete Driveway Restoration SF 750 $ 7.50 $ 5,625.00 $ 4.80 $ 3,600.00 $ 5.25 $ 3,937.50 $ 10.10 $ 7,575.00
4.14 Concrete Pavement Restoration SF 3,900 $ 8.50 $ 33,150.00 $ 5.00 $ 19,500.00 $ 8.00 $ 31,200.00 $ 13.30 $ 51,870.00
4.15 Roadway Reconstruction (East Shore, Poinsettia & LS 1 $ 135,000.00 � 135,000.00 $ 46,700.00 $ 46,700.00 $ 106,500.00 $ 106,500.00 $ 72,875.00 $ 72,875.00
Papaya)
5.0 LANDSCAPE & SODDING
5.1 Tree Removal EA 7 $ 350.00 $ 2,450.00 $ 350.00 $ 2,450.00 $ 550.00 $ 3,850.00 $ 955.00 $ 6,685.00
52 Tree Barricade (including Cushioning Surface) LF 200 $ 6.50 $ 1,300.00 $ 3.00 $ 600.00 $ 15.00 $ 3,000.00 $ 16.25 $ 3,250.00
5.3 Median Landscape & Irrigation Restoration LS 1 $ 12,000.00 $ 12,000.00 $ 5,900.00 $ 5,900.00 $ 4,500.00 $ 4,500.00 $ 11,225.00 $ 11,225.00
5.4 Replace Removed Landscaping & Decorative LS 1 $ 14,000.00 $ 14,000.00 $ 3,800.00 $ 3,800.00 $ 17,500.00 $ 17,500.00 $ 8,850.00 $ 8,850.00
Ground Cover (Project Area Less Median on
Mandalay Ave.)
5.5 Sod Restoration (in kind) SF 4,000 $ 0.75 $ 3,000.00 $ 1.00 $ 4,000.00 $ 2.50 $ 10,000.00 $ 0.66 $ 2,640.00
SUB-TOTAL STORMWATER (Items 1.1-5.5) $ 1,585,207.50 $ 1,079,282.50 $ 1,788,738.11 $ 1,473,313.15
5.6 10% OWNERS CONTINGENCY (STORMWATER) 158520.75 107928.25 178873.811 147331.315
TOTAL STORMWATER (Items 1.1-6.0) $ 1,743,728.25 $ 1,187,210.75 $ 1,967,611.92 $ 1,620,644.47
�.o UTILITIES
WATER
7.1 4" D.LP Water Main Adjustment LF 60 $ 80.00 $ 4,800.00 $ 44.00 $ 2,640.00 $ 69.00 $ 4,140.00 $ 160.00 $ 9,600.00
72 8" D.LP. Water Main Adjustment LF 190 $ 85.00 $ 16,150.00 $ 53.00 $ 10,070.00 $ 45.00 $ 8,550.00 $ 160.00 $ 30,400.00
7.3 2" D.LP. Water Main Adjustment LF 130 $ 85.00 $ 11,050.00 $ 85.00 $ 11,050.00 $ 84.00 $ 10,920.00 � 180.00 $ 23,400.00
7.4 6" D.LP. Water Main Adjustment LF 80 $ 145.00 $ 11,600.00 $ 136.00 $ 10,880.00 $ 102.00 $ 8,160.00 175.00 $ 14,000.00
7.5 otable Water Service Reconstruction (3/4" & 1") LF 250 $ 15.00 $ 3,750.00 $ 12.00 $ 3,000.00 $ 12.00 $ 3,000.00 � 33.50 $ 8,375.00
7.6 table Water Service Reconstruction (2") LF 250 $ 15.00 $ 3,750.00 $ 13.00 $ 3,250.00 $ 25.00 $ 6,250.00 34.60 $ 8,650.00
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MANDALAY AVENUE STORMWATER OUTFALL PROJECT 11-0031-EN
THURSDAY, JANUARY 24, 2013 AWARD - THURSDAY, FEBRUARY 21, 2013
GIBBS & REGISTER, INC. KAMMINGA & ROODVOETS MTM CONTRACTORS ROWLAND, INC.
232 S. DILLARD ST. 5219 CONE RD. 6550 53RD ST. N. 6855 102ND AVE. N
WINTER GARDEN, FL 34787 TAMPA, FL 33610 PINELLAS PARK, FL 33781 PINELLAS PARK, FL 33782
BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
7.7 Potable Water Fittings (Ductile Iron) T'N 1.15 $ 25,000.00 $ 28,750.00 $ 9,100.00 $ 10,465.00 $ 19,500.00 $ 22,425.00 $ 15,100.00 $ 17,365.00
Remove and Replace Corporation Stop (Potable
7.8 water) (All Sizes) EA 6 $ 750.00 $ 4,500.00 $ 488.00 $ 2,928.00 $ 535.00 $ 3,210.00 $ 1,000.00 $ 6,000.00
Remove and Replace Curb Stop (Potable water)
79 (All Sizes) EA 6 $ 650.00 $ 3,900.00 $ 412.00 $ 2,472.00 $ 477.00 $ 2,862.00 $ 875.00 $ 5,250.00
7.10 Potable Water Main Line Stop (Size Varies) EA 6 $ 14,000.00 $ 84,000.00 $ 6,000.00 $ 36,000.00 $ 12,975.00 $ 77,850.00 $ 3,895.00 $ 23,370.00
SUB-TOTAL WATER (Items 7.1-7.10) $ 172,250.00 $ 92,755.00 $ 147,367.00 $ 146,410.00
7.11 10% Owner's Contingency (Potable Water) LS 1 $ 17,225.00 $ 9,275.50 $ 14,736.70 $ 14,641.00
Total Water (7.1-7.11) $ 189,475.00 $ 102,030.50 $ 162,103.70 $ 161,051.00
RECLAIMED WATER
7.12 8" D.LP. Reclaimed Water Main Adjustment LF 30 $ 135.00 $ 4,050.00 $ 67.00 $ 2,010.00 $ 45.00 $ 1,350.00 $ 170.00 $ 5,100.00
7.13 12" D.LP. Reclaimed Water Main Adjustment LF 75 $ 150.00 $ 11,250.00 $ 84.00 $ 6,300.00 $ 84.00 $ 6,300.00 $ 185.00 $ 13,875.00
7.14 Reclaimed Water Service Reconstruction (1") LF 110 $ 15.00 $ 1,650.00 $ 13.00 $ 1,430.00 $ 12.00 $ 1,320.00 $ 37.90 $ 4,169.00
7.15 Reclaimed Water Service Reconstruction (2") LF 110 $ 15.00 $ 1,650.00 $ 14.00 $ 1,540.00 $ 25.00 $ 2,750.00 $ 39.40 $ 4,334.00
7.16 Reclaimed Water Fittings (Ductile Iron) T'N 0.47 $ 25,000.00 $ 11,750.00 $ 9,300.00 $ 4,371.00 $ 19,500.00 $ 9,165.00 $ 19,700.00 $ 9,259.00
Remove and Replace Corporation Stop (Reclaimed
7.17 water) (All Sizes) EA 3 $ 750.00 $ 2,250.00 $ 488.00 $ 1,464.00 $ 535.00 $ 1,605.00 $ 1,000.00 $ 3,000.00
Remove and Replace Curb Stop (Reclaimed water)
7.18 (All Sizes) EA 3 $ 650.00 $ 1,950.00 $ 412.00 $ 1,236.00 $ 477.00 $ 1,431.00 $ 875.00 $ 2,625.00
SUB-TOTAL RECLAIMED WATER (Items 7.12-7.18) $ 34,550.00 $ 18,351.00 $ 23,921.00 $ 19,700.00 $ 42,362.00
7.19 10% Owner's Contingency (Reclaimed Water) LS 1 $ 3,455.00 $ 1,835.10 $ 2,392.10 $ 1,000.00 $ 4,236.20
Total Reclaimed Water (Items 7.12-7.19) $ 38,005.00 $ 20,186.10 $ 26,313.10 $ 875.00 $ 46,598.20
SEWER
720 8" D.LP. San. Sewer Replacement (Gravity) LF 140 $ 100.00 $ 14,000.00 $ 54.00 $ 7,560.00 $ 98.00 $ 13,720.00 $ 254.00 $ 35,560.00
721 12" D.LP. San. Sewer Replacement (Gravity) LF 40 $ 145.00 $ 5,800.00 $ 69.00 $ 2,760.00 $ 125.00 $ 5,000.00 $ 281.00 $ 11,240.00
722 Sanitary Lateral Reconstruction LF 240 $ 35.00 $ 8,400.00 $ 15.00 $ 3,600.00 $ 25.00 $ 6,000.00 $ 106.25 $ 25,500.00
723 Sanitary Lateral Conflict Structure EA 6 $ 6,000.00 $ 36,000.00 $ 2,400.00 $ 14,400.00 $ 4,492.00 $ 26,952.00 $ 2,575.00 $ 15,450.00
724 anitary Lateral Cleanout EA 6 $ 1,000.00 $ 6,000.00 $ 460.00 $ 2,760.00 $ 575.00 $ 3,450.00 � 1,300.00 $ 7,800.00
SUB-TOTAL SEWER (Items 7.20-7.24) $ 70,200.00 $ 31,080.00 $ 55,122.00 � $ 95,550.00
725 % Owner's Contingency (Sewer) LS 1 $ 7,020.00 $ 3,108.00 $ 5,512.20 � $ 9,555.00
Total Sewer (Items 7.20-7.2� $ 77,220.00 $ 34,188.00 $ 60,634.20 � $ 105,105.00
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MANDALAY AVENUE STORMWATER OUTFALL PROJECT 11-0031-EN
THURSDAY, JANUARY 24, 2013 AWARD - THURSDAY, FEBRUARY 21, 2013
GIBBS & REGISTER, INC. KAMMINGA & ROODVOETS MTM CONTRACTORS ROWLAND, INC.
232 S. DILLARD ST. 5219 CONE RD. 6550 53RD ST. N. 6855 102ND AVE. N
WINTER GARDEN, FL 34787 TAMPA, FL 33610 PINELLAS PARK, FL 33781 PINELLAS PARK, FL 33782
BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
SUB-TOTAL UTILITIES $ 277,000.00 $ 142,186.00 $ 226,410.00 $ 284,322.00
10% Contingency Utilities (Items 7.11, 7.19 & 7.25) $ 27,700.00 $ 14,218.60 $ 22,641.00 $ 28,432.20
TOTAL UTILITIES $ 304,700.00 $ 156,404.60 $ 249,051.00 $ 312,754.20
SUB-TOTAL $ 1,862,207.50 $ 1,221,468.50 $ 2,015,148.11 $ 1,757,635.15
TOTAL 10 % CONTINGENCY $ 186,220.75 $ 122,146.85 $ 201,514.81 $ 175,763.52
TOTAL BASE BID FOR CONSTRUCTION (1.1-7.25) $ 2,048,428.25 $ 1,343,615.35 $ 2,216,662.92 $ 1,933,398.67
ALTERNATE BID ITEMS
ALT-1 Milling (up to 2") (Outside of Project Area) SY 11,995 $ 4.00 $ 47,980.00 $ 2.55 $ 30,587.25 $ 6.75 $ 80,966.25 $ 4.30 $ 51,578.50
ALT-2 Type S-I Asphalt Overlay (Outside of Project TN 950 $ 120.00 � 114,000.00 $ 110.00 $ 104,500.00 $ 192.00 $ 182,400.00 $ 148.50 $ 141,075.00
Area)
ALT-3 Type S-III Asphalt Overlay (Outside of Project TN 365 $ 120.00 � 43,800.00 $ 111.00 $ 40,515.00 $ 177.00 $ 64,605.00 $ 149.75 $ 54,658.75
Area)
ALT-4 Pavement Markings / Striping Restoration (Outside LS 1 $ 12,000.00 � 12,000.00 $ 24,229.00 $ 24,229.00 $ 18,500.00 $ 18,500.00 $ 12,700.00 $ 12,700.00
of Project Area)
Total Alternate Bid Items (ALT-1 - ALT-4) $ 217,780.00 $ 199,831.25 $ 346,471.25 $ 260,012.25
TOTf�L i3f�SE i31� c�► f�LTERNf�TE i31� ITEMS $ 2,266,208.25 $ 1,543,446.60 $ 2,563,134.17 $ 2,193,410.92
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' ' M 1• 11 .
CO�PEI�TIV� FUNDING AGREEMENT
�Ei�1n1EEN iHE
SOIJTHW��`i FLCJRI�A VVf�T�R M�4RlA��I�ENT DISiRI�T
AN�
�IiY C)F GLEARV�AT��
FOR
STOi�MWAiER If�PLEMENiAiION ���OOD PROT��TION MAN�ALAY AVENIJE
IMIPROV�h�EI�T AREA (N479-3)
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WHEREAS, the project consists of modifications to stormwater inlets, rehabilitation af pipes
and installation of debris collection devices in the �each Island Watershed, Mandalay Avenue
Improvement Area, hereinafter referred to as the °'PROJ��T°'; and
WHEREAS, the DISTRICT considers the resource benefits to be achieved by the PROJECi
worthwhile and desires t� assist the CITY in funding the PROJECT.
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Any changes to the above representatives nr addres�es mu�t be provided to the ather
party in writing.
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under this Agreement.
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3.3 °�he DI�TRICT' shall reimbur�� the CIiY for fhe DISi'RICT'S �h�re of the
allowable PROJECi c�st� in accordance with the �ROJECT budget contain�d in
the Project Plan set f�rih in Exhibit °'A.'° The C�ISTRICT shall reimburse the CITI'
for fifty (50%) percent of �II all�wable cost� in �a�h DI�Tf�ICT �pproved ir�vaic�
received firom fhe CITl', but at no point in time will the DI�TRICT°S expenditure
�mount under thi� Agreerr��nt exc�ed �xpenditure� made by the Gli"`(e P�yrrient
sh�ll b� m�de to the CfiY within forty-five (45) day� of receipt of an invoice with
adequate �upporting documentation to satisfy auditing purposes. Invoices sh�}I
be �ubmitted to the DISiRICT every two (2) months electronically �t
invoices _WaterMatters.orq, or �t the following address: �
a�
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Accounts Payable Section
�o�thwest Florida Water Management District
Po�t Office �ox 1166
Brooksviile, Florida 34605�1166
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3.7 Each CITY inv�ice must include the following c�rtific�tion, and the CITY hereby
d�leg�t�s �uti�c�rity by virtue af fhis P,greemer�t to it� Prc�j�ct Mar��g�r te� �ffirm
said ��rtificafiion:
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5.3 ihe CIT°( �hall pay attorn�y�' fee� ar�d c��t� incurred by �I�� DI�TRIGT, including
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DISiRICT of issues that ari�e that may irnpact the successful and �imely
completion of the PROJECT.
9.2 lJpon reque�t by the DI�TRI�T, the CIiY �hall provide the DISTRI�i with copi��
of report�, mcadel�, studi��, rn�p� ar �th�r documents r�sulting fr� the
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rule� �r�d regulations. However, the DISTRICT undertake� no duty to ensure
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Exhibit "A'° CIiY'� Project Plan
Exhibit '°�'° Minority/Women (�wned and Small �usines� Utilization Repart Form
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Robe�t �a Beltran, P.Ea
Ass�.stant Executive Director
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William �. Morne, City Manager
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Leslie K Gougall-Sides
Assistant City Attorney
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COOPERATIVE FUNdING AGREEMEN7
BETWEEN THE
SC7UTHWEST F�ORiDA WATER MANAGEMENT DISTR4CT
AND
CITY OF CLEARWATEFt
�OR
STORMWA�ER IMPi20VEMENT - FL(?OD PROTECTlON MANdALAY AVENUE IMPROVE6vtEfV7 AREA (N479-3)
D9STRiCT APPROVAL
LEGAL
RISK MGM�"
CON�6"RACTS
BUREAU CNlEF
DIRECTOR
GOVERNING BOARD
Page 10 of 10
INITBALS
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The CITY shall:
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Page 1 of 3
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• Qu�rt�rly St�tu� Repart�
• �p��ific�tion� �r�d �idding �ocur�en�� (pric�r ta posting)
� �c�n�truction Plan�
� Cc��structinn Permits
• Copy of environrnental permit applic��ion p�ck�g�� and f►nal permit
• Copy of �ontr�ct with consulf�nt and c�n�r�ctar (prior to �x�cuti�n)
• �opy of Noticeml`o-Prc���ed t� cc�ntractor
• Or�e copy �f a surr�m�ry nf the �on�tructie�r� quality ���ur�nc� d�ta, con�tr°uction
r�cord dr��nrir�gs and perrnit rel�ted �ubmifital�.
• Min�ritylWomen Owned �nd Small �usine�s lJtilizatinn Report
' � � :, ••
Description DI�TRICT CITY TOiA�
Construction � �00,000 $ 800,000 � 1,600,000
CEI �n �r� �C
Total $ 800,000 � �00,000 $1,600,000
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I�10�1 AI.I.1���N ��' �'��5� P12E�EI�'TS: That we I�1VII�IINGA � ROOI)V�E'TS, INC. as
Contractor and I�I�ERTY �[J'TiTAI. INSL1 NCE CONiI'AN�' (Surety) whose home address is
450 PLYIVIOLI'I"�-I £�C�� q�Il�"I'� 400§ 1���� CT"T ��T'�`II�C�� ��lm 19�62a
HE INAF'I'EIZ CAI.I.EI) 'T�IE '°Surety", are held and firmly bound into the City of Clear�vater,
Florida (hereinafter called the °°Owner") in the penal sum of: for the payment of which we bind�r
ourselves, our he�rs, executors, administraiors, successors, and assigns for ihe faithful perfo�aance�
of a certain wratten contract, dated the day of , 2013, entered�
into between tl�e Contractor and the City of Clearwater for: �
��- . �, �. . . ��. ; � ..,. �1 � 1 I �° .
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a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully
copied herein.
NOi�1 'THE I� O ,'TI3E CONI)I�'IOI�T� OF 'T�IIS O�I.IGA'TIO�T A SiJCI-I, that if the
Contractor sha11 in all respects comply with the terms and conditions of said contract, including the
one-year guar�ntee of material and labor, and his obligations thereunder, including the contract
documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of
Surety Bond, Instructions to �idders, General Conditions and Technical Specifications) and the
Plans and Spe�ifications therein referred to and made a part thereof, and such alterations as may be
made in said Flans and Specifications as therein provided for, and shall indernnify and save harmless
the said Own�r against and from all costs, expenses, damages, injury or conduct, want of care or
skill, negligence or default, including patent infringem�nts on the part of the said Contractor agents
or employees, in the execution or performance of said contract, including errors in the plans
furnished by t�e Contractor, and further, if such °'Contractor" or "Contractors" shall promptly make
payments to all persons supplying him, them or it, labor, material, and supplies used directly or
indirectly by said Contractor, Contractors, 5ub-Contractor, or Sub-Contractors, in the prosecution of
the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and
Surety jointly �nd severally agree to pay to the Owner any d'afference between the sum to which the
said Contract�r would be entitled on the completion of the Contract, and that which the Owner may
be obliged to �ay for the completion of said work by contract or otherwise, & any damages, direct or
indirect, or consequential, which said Owner may sustain on account of such work, or on account of
the failure of t�e said Contractor to properly and in all things, keep and execute all the provisions of
said contract.
Contract for Sign.doc Page 1 of 17 7126(2012
1; ' �� p; ��� ' 1',
And the said �ontractor and Surety hereby further bind themselves, their successors, executors,
administrators, and assigns, jointly and severally, that they will amply and fully protect the said
Owner against, and will pay any and all amounts, dama�es, costs and judgments which may be
recovered against or which the Owner rr�ay be called upon to pay to any person or corporation by
reason of any damages arising from the performance of said work, or of the repair or maintenance
thereof, or the manr�er of doing the same or the neglect of the said Contractor or his agents or
servants or the improper performance of the said work by the Contractor or his agents or servants, or
the infringements of any patent rights by reason of the use of any material furnished or work done; as
aforesaid, or otherwise.
�
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And the said Contractor and Surety hereby further bind themselves, their successors, heirs�
executors, adrninistrators, and assi�ns, jointly and severally, ta repay the owner any sum which the�
Owner may be compelled to pay because of any lien for labor material furnished for the workT
embraced by said Contract.
And the said 5urety, for the value received, hereby stipulates and agrees that no change, extension of
time, alteratior� or addition to the terms of the contract or to the work to be performed thereunder or
the specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby w�ive notice of any such change, extension of time, alteration or addition to the terms of
the contract or to the work or to the specifications.
IN 'TES'I'IM��1�' WI�E O�, witness the hands and seals of the parties hereto this
day of , 2013.
1VINIII�TGA � 1ZOOl)VOET�, I1�iC.
CONT CTOR
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Contract for Sign.doc Page 2 of 17 7/2612012
.
This COI�TI�C'I' made and entered into this day of , 20_ by and between
the City of Cl�arwater, Florida, a municipal corporation, hereinafter designated as the "City"', and
I�MIVII�IGA �i 1�OOIiVOE'TSq INC., of the City of 'TANIPA County of I�ILI.S�012�iTGH
and State of Fl�rida, hereinafter designated as the "Contractor'°.
VVI'TNESSETI�:
That the parties to this contract each in consideration of the undertakings, promises and agreements
on the part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contracto�°, and his or its successors, assigns, executors or administrators, in consideration of the�
�
sums of money as herein after set forth to be paid by the City and to the Contractor, shall and �uill a�
their own cosi and expense perforn�a all labor, furnish all materials, tools and equipment for the�
following: �=
�, . � � . �� : � . ,�� � � �, �
t< < �!� 1 � �I� �� � 1� '' � 1 �I •� '' � �I� `� 1
__ _ _
� ; � r � ��. �, , , ;1, � � � :
In accordance with such proposal and technical supplemental specifications and such other special
pr�visions and drawings, if any, which will be submitted by the City, together with any
advertisement, instructions to bidders, general conditions, proposal aaad bond, which may be hereto
attached, and �ny drawings if any, which may be herein referred to, are hereby made a part of this
contract, and a11 of said work to be perfo�ned and completed by the contractor and ats successors and
assigns shali be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contrac�or should fail to comply with any of the terms, conditions, provisions or stipulations
as contained herein within the time specified for completion of the work to be performed by the
Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf
and shall have the right to proceed to complete such work as Contractor is obligated to perform in
accordance with the provisions as contained herein.
�I� =1� �' ;1 1 ' � '- 1� �..I '� :.
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Contract for Sign.c�oc Page 3 of 17 7/26(20fl2
�, �,, � .
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirernents:
In connection with the performance of work under this contract, the Contractor agrees not to
discrirrainate against any employee or applicant for employment because of race, sex, religion, color, or
national origin. The aforesaid provision shall include, but not be lirnited to, the follawing:
ernployment, u��radinge d�motion, or transfer; recruitment or recruitment advertising; lay-off or
terminati�n; r�tes of pay or other forgns of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees
or applicants �or employment, notices to be provided by the contracting �fficer setting forth the
provisions of tl�e non-discrimination clause. �
�
�
The Contractor f�.crther agrees to insert the foregoing provisions in all contracts hereunder, including�
contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for'=
standard comrr�ercial supplies or raw materials.
It is mutually �greed between the parties hereto that time is of the essence of this contract, and in the
event that the w�rlc to be performed by the Contractor is not completed within the time stipulated
herein, it is then fi�rther agreed that the City may deduct from such sums or compensation as rnay be
due to the Contractor the sum of �1,000.00 t�er cla� for each day that the work to be performed by the
Contractor remains incomplete beyond the time limit specified herein, ovhich sum of �1,000.00 t�er
cl� shall only and solely represent damages which the City has sustained by reason of the failure of
the Cor�tractar to complete the work within the time stipulated, it being further agreed that this sum is
not to be construed as a penalty but is only to be construed as liquidated damages for failure of the
Contractor to complete and perform all work within the time period as specified in this contract.
It is �rther m�tually agreed between the City and the Contractor that if, any time after the execution of
this contract ar�d the surety bond which is attached hereto for the faithful performance of the terms and
conditians as contained herein by the Contractor, that the City shall at any time deem the surety or
sureties upon such performance bond to be ur�satisfactory or if, for any reason, the said bond ceases to
be adequate in amount to cover the performance of the work the Contractor shall, at his or i�s �wn
expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional
bond or bonds in such term and amounts ar�d with such surety or sureties as shall be satisfactory to the
City. If such an event occurs, no further payment shall be made to the Contractor under the tertns and
provisions of this contract until such new or additional security bond guaranteeing the faithful
perforflnance of the work under the terms hereof shall be completed and furnished to the City in a form
satisfactory to �t.
Contract for Sign.dac Page 4 of 17 7/26I2012
_�,� ,7 ,-
IN �'TNES� WI3E�OF, the part�es to the agreement have hereunto set their hands and seals and
have executed �his Agreement, in duplicate, the day and year first above written.
CI'I'1' OF CL�ARWA'I'Elt
IN PINEI.I,A� COiJN'TY, FLO 1��1
By:
William B. IIorne, II
City Manager
Countersigned:
By:
George N. Cretekos,
Mayor
(Contractor m�ast indicate whether Corporation,
Partnership, Cc�mpany or Individual.}
(The person signing shall, in his own
handwriting, sflgn the Principai's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority ta bind the Corporation).
(Seal)
Attest:
Rosemarie Call
City Clerk
Approved as to form:
Camilo Soto
Assistant City Attorney
(Contractor)
I:
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Contract for Sign.doc Page 5 of 17 7126!2012
��r�, ., ��,. �:�;, ��. �,
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,� �� 1 , � �. , ,� tl � ,, �. I
: � � �' �, , '�; ���
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On this day person�lly appeared before me, the undersigned authority, duly authorized to
administer oaths and take acknowledgments, , who after being duly sworn,
deposes and sa�s:
Tl�at he is the (TITLE)
of NINII���. � 1�00DVOE�'S, INC. a Florida Corparation, with its principal place of business
located at 5219 C0�1E I20A1), '�'E1I�ZPA, �L.OIZII)f1 33610 (herein, the "Contractor"). �
�
�
That the Contractor was the general contractor under a contract executed on the day�
of , 20_ with the CI'I'�' OF CL,E�V�JAT'E1S, FL,O1�I)A, a municipa�
corporation, as Owner, and that the Contractor was to perform the construction of:
I�IAI�d�ALAY AVE�1iJE STOI�WA'I'Elg OtJ'TFALI, I'1�O.�CT (11-0031-EN)
That said work has now been completed and the Contractor has paid and discharged all sub�
contractors, labarers and material men in connection with said work and there are no liens outstanding
of any nature ns�r any debts or obligations that might became a lien or encumbrance in connection with
said work agair�st the described propeaty.
That he is making this affidavit p�suant to the requirements of Chapter 713, Florida Statutes,
and upon consideration of the payment af (Final Full Amount of Contract) in
full satisfactio� and discharge of said contract.
That th� Owner is hereby released from any claim which might arise out of said Contract.
The w�rd "liens'° as used in this affidavit shall mean any and all arising under the operation of
the Florida Me�hanic's Lien Law as set forth in Chapter 713, Florida Statutes.
Sworn and subscribed to before me
This day of , 20
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Contract for Sign.d�c Page 6 of 17 7l26r2012
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T�is Pawer of �tt�rney li�tits the ac�s af thase �amed herein, arod ihey have e�a authariiy ta bind the Ccrmp�ny excepf in the manner a�d tm the ex4ent h�reaa� s4a�ed.
Certificate No.
American Fire and Casualty Company Liberdy Mutual Insurance Company
The Ohio Casualty Insu�ance Company Peerless Insurance Company
WestAmer'scan Insurance Company
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KNOWN ALL PERSONS BY TNESE PRESENTS: ThatAmerican Fire 8 Casualty Company antl The Ohio Casualty Insurance Company are corpo�ations duly organizetl under the laws of
the State of Ohio, that Liberty Mutual Insurance Company is a corporation duly organized untler the laws of the State oi Massachusetts, that Peerless Insurance Company is a corporation
duly organized under the laws of the State of New Hampshire, and West American Insurance Company is a corporatian duly organized under the lauvs of the State of Rndiana (herein
ca�leotiveiy called t6�e "Comp�nies"}, p�;rsua�?t �a a�� by�authonty herein set forfh, daes hereby nar�e, c�nstituie and appoint, ,ruu� �ci���scsN; �ic�a�� �r. r�ur�sr ..� ............................
............................................................................................:................:...............................................».......,............................,........,,,.................................,...........................................................................
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all r�f fFe city of �`A�p� , state of ��- each €nc�ivi�ually if the�e F�e more Yhan an� named, its true and Iawful attarn�y-in-fact �a make, execu�e, seao, acknowfetlge
and tle@iver, for and a€� !ts behalf a� surety and as 'sfs act and deed, ary and ali under�akin�s, �bords, recognizances antl other s�€rety obli�ations, in �ursuance of fhese presents and sh�€E
l�e as binding upor� the Cornpahies as if they have �bean duly signed by fhe presidenf and at€estetl by t�ie secrefa�} af f�e Campanies in �heir o�ra proper persons,
IN N�ITNES� WNEREaF, fhis Pow�r ofAttorney has be�n subserib�d by a�i aut�or�zed �f�icet €�r�f�cial of the Com�anies and tlie carpore�e s�ais of fhe Com�aniss i�ave beer� aff(xed ther�to tE�is
938h �p�y pf August � 2012 ,
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s�rar� a� was�in��ro�v
COUNTY OF KING
Amerocan i ire ar�d Casu�lty Cam�any
The {�hio Casu��ty fnsurarce Go€rpan�
Libe�ty �utual Insuranc� Compar�y *k
Peerless Insura�ce Ca�npany �
'�Jest American �nsurance Carnpany �
�y: � �
Gregory W. Dave�iport, Assistan4 5ecreta�y
C?n tt�is �st�, day a� �u�ust , z�t2 , pe�are rne persona9Py ap�eared Grega�y W. Javpnport, wha acknawiedged hims�kf tc ba theAssistanl Secretary af Ameriean Fire and
Casua�ty Company, Liber4y M€rt�a( Insu�ance Corrrpany, The Ohio Casua�ty Com�any, Peer[ess insurar:ee Gompany and West American Insurance Compa67y, and fhat he, as such, being
aui�orized sa to do, execuPe the foregaing i€?st€ument for the purposes fher�in can�ained by sgning an beha6f of tha carporations by himself as a duly autharized o�ieer.
1N WIT6�ESS WNERCOF,1 have hereun4�o subscribed my �ame �nd af�ixed my nofariai seai af SeaEtke, `JUashin�ton, ar� the da� and year �rst above wr�tten.
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KD Ri�ey , Nota Pubiic
This Pcwer ofAtforney is made and executed purs;�anf to and by aufhority af the �allow=��g Sy-Iaws and Authorizatians afiAmeriean Fir� and CasuaiYy Company, The Oheo Gasualty Insurance
Company, Liberty Mutuai !ns€�r�nce Cempany, West Amarlcan insurar�ce C�mparry and Peerless Ins,sranee Co�par,y, which resoE:!tsons are naw in fuE( force and efEect reading as follows:
�R7CCLE I�l—�FF'dC�6�3 — 5ection 12. I�or�er of Attnrr�ey. Any ofiicer o� oth�€� o�eaal of t�e Gocporatian autharizad far �l7at purpose in wr�iting by 4he Chairman or the Pres's�ent, and subjeci
fio such IEmit�fian as tf�e Ghairman ar fhe Preskdenf may prescribe, sha(I appaint such attnrneys-in-fac�, as rray be necessary ta act ir behaif of the GarporaEian tn make, execs�te, seal,
ackr�owledge a�d del'sver as s�rety �ny ar� ail undertakfngs, bonds, recagr;izances and ather surety obligatians. 5ucYt ati�rneys-in-fact, sub;ec€ to the (imitatians sef forth �rf tE�eir respecfive
powers �f a€%rney, sh�Il have fulE poweE° ta bind the Garporatian by fhe"sr signature and execution af any �uch instrur�ents and to attach thereao the seal af Yhe C�rrparatian. VUh�n so
executed, sach insfruments shall �� as binding as if s�gnetl by the F'resident antl attested ta by the Seeretary. Any pawer or autha�ity granted Co any represerifativ� ar attorney-In-fiact under
the provisuons ef fhis article may be revoked at any time E�y the E3card, €h� Ghairmar�, �he Pr�sid�nt or by the officer ar c�fi�cers �rantirg such pawer ar auth�rify.
A�2ilCL� X61! — Executiart of Gont'racts — S�G`i60N 5. Surety Bonds and Undertakings. An�y c�icer o6 the Gompa€ay authorize�3 far that purpos� icr wr(ting t�y the chaitsrar� or the presldent,
and subject ta s�ch limifations �s fhe chairr�an or the president may prescribe, sh�l��appois�t such att�rne}�s-En-fact, as may be necessary ta act in behaif of th� Compac�y to make, exeeute;
s�al, acknow(edge and deliver as surety any a€id ae! ur�dertakings, bontls, recagniz�nces antl other surety obVigatio€ts. Such aktcrneys-in-fact subject to the limitafiar�s set farth in their
respectiv� powers af a*�orney, sl�akl hav� €u(! power to bind the Gompar�y by thear sigr�at�re a�d executiars of any such instruments and ta �ttach thereto Ehe seaf of the Corn�au°y. k�the: s sa
executed sueh Ensir�ments shaii be as binding as i6 signed by the �ress`dent and attestetl by the secrefary.
Certificate of Designatoon — The PresidenP af the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such
at¢orney-in-fact as may be necessary to act on behaif of t�e Company to make, execute, sea@, acknowledge ar�d deliver as surety any and all undertakings, bonds, recognizances and other
surety obligations.
Authorization — By unanimous consent of the Com�any's Board of D�rectors, the Carnpar€y consents that facsimfle or mechan€cally reproduce� signature of any assist�nt secretary of the
Company, wherev�r appeanng upon a cer�ified capy of any pawer of attor�ey issued by fhe Ca�npany in connec[ion wifh s�refy b�nds, shali be walid and b(dEng f�p�r fhe C�inpany with t�oe
sarne force and effect as though ma^ually a�xed.
I, David M. Carey, the undersignetl; Assistant Secretary, of P,merican Fire and Casualty Gompany, The Ohio Casualty Insurance Gompany, Liberty Mutua! Insurance Gompany, West
American Insurance Company and e eeriess Cnsurance Gampany do hereby cerfify fhat €he arigirsa! pav�er of attorney of which the for�gaing is a fu€(, true and ccrrect copy a` the Pawer af
Attorney executetl by said Compas�ies, is in full force and effeet a��d has not been revak��. � �..�
IN TESTINdONY WWEREOF, I have hereunto set rny hand and a�xed the seals of said Companies this � day of '� , 20� .
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POA-AFCC, LMIC: OCIC, PIC & WAIC
LMS_12873 041012
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MICFiIGAN OFFICE a 3435 Broadmoor, S.E. • Grand Rapids, MI 49512 a Ph. (616) 949-0800 o Fax (616} 949-1894
FLORIDA OFFICE � 5219 Cone Road 0 Tampa, FL 336i 0 a Ph. (813) 623-3031 B Fax (813) 628-4490
— AN EQUAL OPPORTUNITY EMPLOYER —
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The folla�ving is a resolution adopted by the Kamminga & Roodvoets Inc., Board of �
I�irectors at their annual on June 21, 2010. �
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COI�TR�CT AUTi-�ORITY:
"�ESOI.V��, that the followin� individuals are herby authorized to execute, on
behalf of �.amminga & Roodvoets, Inc. any and all contracts with any governrnental
eratity and to negotiate and sign all other contracts on behalf of this Corporation."
I�urt D. Po11 .................................President
R�ndy Workrrian . . .. . ... . . . .. ...... .... . . .. Vice President
l�arcus Tidey, Jr . . . . . . . . . . . . . . . . . . . . .. . . . . . Vice President
David Shane .................................V.P. � Engineering
Kr�ig L. Klynstra ...........................Secretary/Treasurer
D�r] Funkhouser . . .. . .... .. .. . .. . .. . .. . .. . ..Assistant Secretary — FL Operations
Pa�l Vander Ivlalen .........................V.P. Maintenance
M�rk Roodvoets . . . . . . . . . . . . . . .. . . . . . . . . . . .. Superintendani
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Kraig L. Klynstra - ecretary
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:4�f) i,ti�1E' `���.'�! l'Ct��: �: �����. I��� � �I���It��: t'� ��� �`IZI�t�I� 1`� `I"��t.; "['�i"t":ig� ti1' 'i'ft1+;
T3���i)I°l�, �.�. �i�.��..�. ���°: �'f-i:��;�t�i�:t� .�i� ��:�I,�' .1'T��i: C��;1�[' �'iZ[C'T;� :���� �,@�1��� 4L�i�1
I'ItI�'I: �±F�;iI.I. (Y��t�`it;l��.
�..,'ticr3tl 'ia��—!_'i"itc�� S';i,: I-�e�E 1` ..`„}.���'i
�II3I)ERS PI20PO�AL
_ _ _ _ - _ - _ --- _ __-_ _ - -- _ _ _
PROJECTe �VIANI)ALA�i' AVENL3E STOI�NIWATEIt OLJT�t�I,L I'�tOJE�T' (11�0031�EN)
BID I1'E�'IS iJ�IT EST' iJ�IT 7'07'AI.
_ _ ____ ____
-- _-- - -----
-- -
- _
Q'i'�' PRICE
STORMWATER
1.o Mobilization anci ��ie Prepar�t�on
1.1 Mobilization, General Conditaons, Demobilization LS 1 1�ej, � tC��, � °�
1.2 iV[aintenance of Traffic (Vehicular & Pedestrian) LS 1 1�,00� a° l ���0. °°-
1.3 Erosion and Sediment Control LS 1 (� ��. °- !� ���e °°'
2.0 �; E�rth'�o�°�Z
2.1 �Swale Construction LF 70 t�. °° ���� .°°'
Unsuitable Material 3Zemoval & Replacement
2'2 (Pi e/Culvert & Structure Beddin Onl ) CY 60 ��,�- `����. �
2.3 Rock Excavation CY 25 l�G �' 3 S'O.
2.4 Additional Backfill dViaterial (Flowable Fill) (if needed) CY 60 1`200. °'" °T 20�.
�,dditional Pipe Bedding Material (FDOT No. 57 Stone) �=
2.5 (if needed) CY 60 ��• � �, � ��e °°-
Additional Road�ray Base Material (Crushed Concrete)
2,( (if needed) CY 60 �3• '� �, � ��. �
3.0 , Dt°�an��e
3.1 15" RCP L,F 125 (��. ° ,�2�. °°
3.2 24" RCP LF 15 � l. ° t�. C�. �°
3.3 36" RCP LF 130 � O�g, P' l3 �2�. °°
3.4 42" RCP LF 250 l l�. '° Z,� �o�, °�
3.5 19" x 30" ERCP LF 400 ��. � 3`7 �o�. °
3.6 29" x 45" ERCP LF 15 ! S!. '" 2'2,�� .°-
3.7 34" x 53" ERCP LF 305 `��, -- �t �� �. -
3.8 4' x 2' Box Culvert LF 30 W 3�, °° 12 ��j0. °°
3.9 6' x 3' Box Culvert LF 175 �{�"/, °°� '� l��,$. °"
3.10 8' x 3' Box Cuivert LF 195 �"s � l, °- ��P �95, "'
3.11 Cit Standard Curb Inlet (S.D. A-9) E.4 1 ►`�p�. °' ���. �
3. i 2 FDOT T e J-7T M.H. (5' x 5') EA 2 ���O . m' °7 e� �. -
3.13 FDOT T e J-7T M.�-I. (fa' x 6') EA 1 �j ��p. �" �q, '°
�.I4 F`I�t�'I' T}r e 3-7T �+�.�i, (6' x 7'} �� 1 � ��� a "" � ��� � "� "�
3,15 �`I�f�T'Ty e.�-77' Ivi.H. w/ �Neir (�' x 8.5'} �� 1 G� �f �a� e'�` �. ��� k°`�
3,16 F'I)Ci7� Tv� e� J-7T M.�-�. (7` x 7'} Ft�, 2 �'m�? �� ,°°- G����<��
3,17 �f�Z` Ty e J-�`I" M.I-I. eul Cc�nflict (�' x�') �.�i i ��„�e.� .°�° �i ��� a°°
3.18 Fl�iJT T�� e J-7T 10�.I-I. {8' x 4`} El� 1 f t�. �� m"`- C� �`�a a`�`
3.1 � FL7�J'I' i"y e 1-7T 1�I.H. (&' x 6'} �A 3 t� �1�� �`- ���,� ,--
�.2f� 3c�r�ction F3ox (6` � 5') �"a.�t -Ir�-�'I�ce �,� l 2.°�. ��� > °�- ��. ��� � °"�"
3,21 Jut�ctic�n E3�x (9,5' x 7`j C�st� -�rt-I'l�c�. �t� 1 �.�,�� �, -°°" ��„ C��,�, �°..
3.2� Fi7Q`I T���.�1" C`sutter 3nle�t o��� ,�J" i�c�tt.(3.5`x7'} �A 1 "7�� a°�" ��"'C��. °�
3.23 FDOT T e°F" D.�.I. on "J" Bott (9' x 6') EA 1 f�,���, m' ����. "
�.24 F��T'�'v e „�,� L7,�.I. FI� � � ��a� e �"" �s��a a ..m
3.25 FDOT T e"F" D.B.I. on Box Culvert EA 2 t�� .�- 3��� ,°�
3.26 F3af�1e �ox F_A 2 �1 c���a �°" t�,2, ���. �"
3.27 Seawall Reconstruct�on (Including Manatee Screen & LS 1 ��8� - ��e��� r�
Ri ra Surn Constrs�ction)
12/17/2012
Section V Page 15 of 17
PROJECT: It1IANDAI,A�' AVE�LIE STOIZ�iWATEI� Oi.rTF.�I,I, PI�OJECT (11-0031�E�)
' �ID ITEMS U�'IT EST iJ�'IT TOTAL
� . ___ __
_ _ _ ---- _ _ __
� QTI' - - PRICE _ _ _ _ _
3.28 IS" Storm Pipe Abandonment (Mandalay) & 15" Pipe LS l �4���• �.. ���� �
Plu Construction (��st Sha��e)
3.29 ty'nderdrain Removal & IZeplacement (6'° &�") LF 100 2,e@, ^" ��t�. °°°'
4.0 ' I'avin� and M��°kin�
�.l Millin (U to 2") (��ithin P'ro'ect Area) SY 5,900 3,�{,� 2� 3�� --
4.2 T e S-I As halt Overla (Within Pro'ect Area) T�I 105 `t�� - t l 5��> m
4.3 T e S-III As halt Overlay (Within Project Area) TN 600 � � I,�" tc,c�,��. °°'
4.4 Asphalt Pavement Restoration (City Approval Required) SY 150 l� ��-- +� �� ��
4.5 StraightCurb LF 315 'L3,° °► 2�5.�t
4.6 Header Curb LF 350 25 ,°° �7Sp, �°
ity o� ie ur L 2„�, � °�g�148
�.8 Cit Ty e I Curb (i�scludes dro ) LF 160 �, f�. °- �¢ (�� .
4.9 Valle Gutter Curb LF 30 `2.�, - ��{p, �
4.10 Paver & Concrete Base Restoration (utilize exist. pavers) SF 2,000 �� a�- �� ���, -
4.11 Pavement Markings f Striping I2estoration (Within LS l �,���e � �,���. �
I'ro'ect Area)
4.12 Concrete Sidewalk I:estoration (Match Existing SF 2,775
Thickness) � °�� 1 �► � ° � `�
4.13 Concrete Drivewa IZes�c�.r��ic�� sF 7�Ci �,' �%� ��,t��b °�~
�
414 Concrete Pavement i2estoration SF 3,900 �. P° t��' °-
Roadway Reconstructzon (East Shore, Poinsettia &
4.15 PapaYa) LS 1 ��,'T� � � ��, �%�. "_'
5.0 � I,ane3scape � S��ding
S.l Tree Remova3 EA i � °°- ��{ �pa �-°
5.2 Tree Barricade (includin Cushionin Surface} LF 200 �, - � �°-
5.3 Median Landsca e& Irri ation Restoration LS 1 �,�� pe ° 5,��•p. --
5.4 Replace Removed Landscaping & Decorative Ground LS 1
Cover (Project Area Less Median on !Viandalay Ave.) 3���, °° °����, -
5.5 Sod Restoration (in kind) SF 4,000 t, m-- �( ppp, °
3ubtotal �TOI81l�VVATE�Z(1.1 - 5.5) 1 �°7 � 'Z�2. S�
6.0 10% Owner's Contia� ency (Stormwater) LS 1 l O�`l, �j �.�, �
1'o�al �'TOI�WA'I'ER (1.1 - 6.0) l y 1��, `� �� , °7�
lJ°flLll'IE�
Water
7.1 4" D.I.P. Water iViain Ad'ustment LF 60 e$�e ° �,1��( p. °-
7.2 8" D.I.P. Water Main Ad'ustrnent LF l90 5�. °- � O,��p. 0-
7.3 12°' D.I.P. Water Main Ad'ustment LF 130 S. - 11 � �
7.4 16" D.LP. Water Ma�n Adjustment LF 80 l°3t�, ° !,� ��p, °�-
7.5 I'otable Water Service Reconstruction (3/4" & 1") LF 250 t 2e °- �, ��4 .--
7.6 Potable Water Service Reconstruction (2") LF 250 ( 3, - 3�,� p,�-
7.7 Potable Water Fittin s(Ductile lron) TI�' 1.15 �`Op. "` `q <{b�. --
12/17/201 �
Section V Page 16 of 17
PIt�JECT: MA�1I)AI,AY AVE�LJE S'TOIt�I�'AT'EI� OLJTFALI, PI�OJECT' (11m0031�E�)
�
; BII2IT'E��S U�IT EST LTI�'IT TOTAL
. _ _ _ _ _
__--- _ --
_ _ _ _ __ __ _ _ _ _
_ . _ _ _ _._. _
� QTY PRICE _. _
Remove and Replace Corporation Stop (Potable water)
7.8 (All Sizes) EA 6 `°��� ° � �°, � �� ° �
Remove and Replace Curb Stop (Potable water) (All
7.9 Sizes) E,� 6 �°{l2, A� ���f `7�. `�
7.1C Potable Water Mair� Line Stop (Size Varies) EA 6 (�,p�p, °- �� ,���, �-
�ubtotal Water (7.1 - 7.10) ��, � 5� . °�'
7.11 10�7c Owner's Contingency (Potable Water) LS 7 �r2°� �a ��
Total Water(7.1 - 7.11) `o p^� p,� �
lteclaiir►ed i�'ater
7.12 8" D.1.P. Reclaimed Water Main Adjustment LF 30 ��, °— ���, �, �
7.13 12" D.I.P. Reclairned Water:VIain Ad'ustment LF 75 ��, °- t� '��, �
7.14 Reclaimed Water Service Reconstruction (1 ") LF 110 `'�. e- t� 3�, �
7.15 Reclaimed Water S�rvice Reconstruction (2") LF 110 l�I .°° `'��{� o�,
7.16 Reclaimed Water Fittings (I)uctile Iron) TN 0.47 �i, 3�, °- 6d,3�7'(, �-
Remove and Replace Corporation 5top (Reclaimed
7.17 water) (All Sizes) EA 3 ���. "°' l,���. °°'
Remove and Replace Curb Stop (Reclaimed water) (All
7.18 Sizes) EA 3 ���°° � t r���• �
3ubtotal Reclaimed Water (7.12 - 7.1�) l��� 1 g°
7.19 10% Owner's Contin ency (Reclairned Water) LS 1 l, 3�, t�
Tota118ec1aim�d VV'ater (7.12 - 7.19) �� C��,1 p
Sewer
7.20 8" D.I.P. San. Sewe�- Re lacement (Gravit ) LF 140 �y, °°- °y' ��� .°-
7.21 12" D.I.P. San. Sewei• Re lacement (Gravit ) LF 40 ��j, — �, ��p, --
7.22 Sanitar Lateral Reconstre�ction LF 240 ��, °°' 3,���, �-
7.23 Sanitary Lateral Co�flict Structure EA 6 �, �� ,�-
/� ��. ._
7.24 Sanitary Lateral Cleanout EA 6 �C�p , a-- Z,,��� �-.
Subiotal �ewer (7.20 - 7.24) �1 , O�p. _-
7.25 l 0% Owner's Contingency (Sewer) LS 1 3 t l�; �. °-
'I'otal �ewer (7.20 � i.25) '3� t ��, �--
'Total UTILITIES 10°Io Contingency (7.11, 7.19 �: 7.25) l'{ 2, l .��
Total IJTII.dTIES (7.1 - 7.25) � � �,�{O�, � �
TOTAI. �A�E �II) FOIt CONSTItiJCT'ION (IT'EM�S lel m 7.25) l,��{3,�t5. �5°
Alternate bid items
ALT-1 Millin (u to 2") (Oiatside of Project Area) SY 11,995 Z. ,�p; ���y, ��
ALT-2 T e S-I As halt Ov�rla (Outside of Pro'ect Area) TI�' 950 / p,°°- p� ���, ,�
ALT-3 T e S-lIl As halt G��erla (Outside of Pro'ect Area) TN 365 1 l�.°m' �O� $�l S', `�
Pavement Markings 1 Striping Restoration (Outside of
ALT-4 Pro'ect Area) LS l � �, � �� • � � �, 2- 2m �, "�
T'otal Alternate �id Ite� (AI,T-1 � AI,T�4) l��, 3 l.��
TOTAI. �AS�+ �ID c� t�I,T�+ RNE17'�+ �II) IZ'�+ 1VIS l, ���' �{{ � l0, �O
12/17/2012
Section V Page 17 of 17
Attachment number 4 \nPage 1
� Clearwater Mandalay Ave Proposed Storm W N E
� Proposed Stormwater Outfall Drain Location �tem # 1
Prepared by:
Engineering Department S
Geographic Technology Division
100 S. Myrtle Ave, qearwater, PL 33756
Ph:(727)562-4750,Fax:(727)526-4755 Map Gen By: CD Reviewed By: ES Date:01/30/2013 Grid #: 267A S-T-R: 08-29-15 N.T.S.
www.Myqearwater.com
City Council Agenda
Council Chambers - City Hall
Meeting Date:2/21/2013
SUBJECT / RECOMMENDATION:
Appoint John Funk as an alternate member to the Community Development Board for unexpired term through April 30, 2014.
(consent)
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Community Development Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Yes
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7 & 1 alternate
CHAIRPERSON: Nicholas C. Fritsch
MEETING DATES: 3rd Tues., 1:00 p.m.
PLACE: Council Chambers APPTS. NEEDED: Alternate
SPECIAL QUALIFICATIONS: Board shall include members qualified and experienced in the fields of architecture, planning,
landscape architecture, engineering, construction, planning & land use law and real estate
THE FOLLOWING NOMINEE WAS APPOINTED AS THE ALTERNATE MEMBER AT THE FEBRUARY 7th COUNCIL
MEETING. PER EMAIL RECEIVED, HE DOES NOT WISH TO SERVE AS THE ALTERNATE MEMBER.
1. Alex Plisko — 2358 Barkwood Pass, 33763 - Architect
O: 800 Drew St., 33755
(Currently serving on the Public Art & Design Board)
STAFF HAS CONFIRMED THAT THE FOLLOWING INDIVIDUALS WISH TO BE CONSIDERED FOR THE ALTERNATE SEAT:
1. Sheila Cole — 670 Island Way, #600, 33767 — Marketing & Graphics
(Currently serving on the MCEB)
2. John Funk — 2040 Sun Down Dr., 33763 — Real Estate Broker
3. David L. Jaye — 2856 Shady Oak Ct., 33761 — Real Estate
(Currently serving on the Brownfields)
Zip codes of current members: 3 at 33755, 1 at 33761, 1 at 33764 and 3 at 33767
Current Categories:
1 Architect 1 Self Employed: Investor, Yacht Broker - BS Finance & Marketing
2 Civil Engineer
1 ConsultanUBA Economics & Business
1 ConsultanUProject Manager
1 Retired Business Mgt.
1 Retired (Economics)
Cover Memo
Item # 15
Review Approval:
C1TY C�� CLEARV�'ATER - A�PLiCATit7N FC3i� �D'Vt�E7RY Bt�ARQS
, � ..:�.
� �� ,
Nar�e: �heil� Ca��
.� �:
Mc�me Address: Ciffice Address: , 3„x
�. � :������. �. ����,�... . �y�,� > .,
��t� islar��d 1N�v#��4fl��� � �� ��r�i�: ���'�cam���,_,_,� ������� ��� ° ��,�- ��� ��
�l��rv+r�ter �� 3�767 , �ip
Telephane: i2�.�41 a 13 �� Tel��hone: i27.7'A��. U 151
Ce�f PhQne. i27. 7��.t�151 ' E-mai! Address: ��fa�,,c�ra`'r�elatiu�c�r��ac.cc��
,r +► . � ��
How �ang a resit�ent o€ Cl�a�vtirat�r'� 2�°� ye�a�
C3c�upation: ���k�iin�, tf'rlil�� 8� �ra�hi� de����+_ Em���yer_ �elf
Field o� Ecl�ucatrc�n; ��rk�ti� Jc�urnalisr� ��h�vc�r�al �ci�r�c� �,rt.
U#�ter 1N�rlt E��erier�ce:
E����t"s��; C�ir����r ���rr�b+�r of ��mm�r��t C�per�ti�ns �Igr. &.l�.F�. f�r Suncruz C�sir�c��, Grou�
N��tiv�tt�r �n B�:�tavic�r�i ��ience #ar tri st�t�; U�eic�ht �.as� Pr�rgr�rn, ��spic� �1'olun��e�r ��ac�rdi�i�tor ,
�ot�l C��nerlt�#�r..
If �etired, fc�rrr�er e+cc��at�r�n: r�t'sr�ci a� ��e�. �ir. °�r�r� C�tamb�r r�f Cr�mrr��r�e.
Camrnur�ity Ac;tivities: �iv's� P,ssc��. F're�., Cc���it�an r�f �i�r��c�wn�rs Pr�s. �a�dc► �,ssr��c. Bc�ar�,
�.�I,S `f��th (�f�tivat�r, �`�u�din�, ��r�ber: ����rv,���er Arts ���r��atic�n & ��e�rv��t�r ���ch � v� �,
��rdi��ott�r c�f ��ri�ts�as ��at P�r�de, �e�r�d (i��� �n �ity ��a�ti���tic�n � Cc�ci� Baa�ds as �eli �s
se��ral task fca�ce grc�u�s. �lolunteer fc�r ��;v�r�l r�E��iau� ��d c��ri�a%I� orc�s.
�t i a • : •�r.. ,� :��r ' • . "'a
Bc�ard Servir.e (curr��rt ant� past):
��auti�ic�fiic�rt
�Vl�nici �1 Ctad� Enfc��cem�nf
Bc►acd Rreference:
�ornmur�it�r C����ic�pment
���
� •� • s • +► • « � •+�� s •s a • • `
���rs. �t's m� v��ry i+a he3p r��in��ir� aur �u�l��� �f �if�.
�
`�__.��-���...�.�..-,�.�...��
Si�natur�: . D�t�: �da��r�°r��� 1, �Q�I'4
e
5��� att��hed ii�t f�r b��rrls th�t r�e�ui�� financi�l disc�#+r�sur� �t time e�# appc�in#men#. Plea�e re#�rr�
this ��plir�ati�n �nd �ea��d quest��r�rta�re ta� t�e t�`ficial Ft+�cords & L,egisi�tive Se�vic�� a����rnent,
�'. O. �t�x 47�4�, Cie�rw�t�c, �L �37��--����, c�r d�c�p �f� your appl�cat��an at City �°lali, �nd F�o+��, 112
�. Ctsc��l� Av�nu�.
Item # 15
_� .
— — — Attachment number 2 \nPage 1
ClTY OF CLEARWATER - APPLICATION FOR ADViSORY BOARDS
(Must be Ciearwater resident)
Name: John Funk
Home Address:
2040 Sun Down Dr.
Clearwater, FI Zip 33763
Teleph ane: 727-�99-3864
Gell Phone: 727-599-3864
OfFice Address:
2040 Sun Down Dr.
Ciearwater, FL 33763
Telephone: 727-599-3864
. �,
DEC l 8 2012
��FI���. R�Ri�S A��
LEC�€��ill� S eV�CS D��i'
E-mail Address: flaridafunks@yahoa:com
How long a resident of Clearwater? 4 years, 10 years in County
Occupation: Real Estate Broker 4Q years Employer: Self
Field of Education:
Business Administration — University of So. CaL
CSUN and Pierce Col{ege
If retired, former occupation: NA
Other Work Experience:
-College Instructor
-Restaurant Owner
Community Activities: Coach - Clearvvater YMCA — yauth sports, Board of Directars 2004-2013 and
Past President 2006-2008 -Rotary Club of Clearwater Beach, Club Soceer Coach for Plato Academy
4tn and 5t" Grades
4ther Interests: Golf, chess, boating
Board Service (current and past}:
Chair of Plannina Commission Camarillo, CA
President VC Unit American Cancer Society
President ARAO
Board Preference;
Community Development Board
Additional Comments: In addition to serving on the Board ofi The Rotary Club af Clearwater Beach,
I have served as Program Chairman, Sergeant of Arms, Fund Raising Chairman and Club
Representative for the STUDENTS 4 TOMORROW'S LEADERS (S4TL) program.
1F
r �/ � �� J
J.
Signature: '�^�'1 �'�`��'�"'`''' Date: j�. ... 1 � .° / �
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 requirinq Cfearwaterresidency this application must be accompanied by a copv of
one of the fotlowinq:
• 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
Item # 15
Attachment number 2 \nPage 2
BOARD QUESTIONNAiRE
1. What is your understanding of the board's duties and responsibilities?
The board's duties are to review the conformity of applications submitted to the city for development
with the Clearwater Zoning Ordinances. In serving on the board, hearings are conducted by the
board, based on the information provided by the City Planning Staff, the Applicants, Professional
Testimany and that of the public testimony, the board will then make recommendations to the City
Cauncif to disapprove, modify or approve the application submitted based on the application meeting
the city requirements.
2. Have you ever observed a board meeting either in person or on C-View, the City's N station?
Yes, both at the board meeting and on C-View. In addition I served twice as Chairman of a City's
Planning Commission.
3. What background and/or qualifications do you have that you feel would quaiify you to serve on
this Board?
Because of my contribution and service to the city, my peers on the Camarillo Planning Commission
elected me vice chairman, and on two occasions, elected rne Chairman of the planning commission.
In addition I served on other boards that elected me President. They were the American Cancer.
Society, The Camarillo Trade Club, The Clearwater Beach Rotary Club and The Palm Harbor BNI. In
addition, my experience as a college instructor can be valuab(e in communication skills for serving on
this board. I am very familiar with the time commitment necessary to be a member of this board and
foak forward to dedicating my time to this board, as f have with other boards. My commitment to the
Rotary Club of Clearwater Beach has earned the recognition of 9 years perFect attendance.
4. Why do you want to serve on this Baard?
Of all the boards and organizatians that I have served on, the Planning Commission was the one that
I found the most interesting and involved. I found the work very satisfying and enjoyable. I believe
this Community Development Board will be very simifar in its operation �nd requirements.
Name; JOHN FUNK
Board Name: COMMUNITY DEVELOPMENT BOARD
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Attachment number 3 \nPage 1
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S�e attach�d list for boards th�t require financial disclosure at time ofi appointment. Please return this
�pplic�tiQn and board questionnaire to th� �fficial R�cords & Legislative Services Deparkm�nt, P. O. Bax 47�48,
Clearwater, FL 33758�-47�48, or drop off your application at City Wall, 2nd Floor, 112 S. Osceala Avenue.
Note: Far boaras re utr�n U��d� ��a«� ,����.�:. ,,. _ -- -
one of the fiallawin :
�. Curr�nt voter registration uvikhin ci#y timi�s
• Valid current Florid� Drivers' License issued #o an address within ci'ky limi#s
• peclaration of Domicile �l�d wiZh the cit}r clerk �ffirming residency within city 1im'rks
Item # 15
B�ARD �UE�'TI�NNA,tRE
1. 1Nhat is your understanding of the board's duties and responsibilities?
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Attachment number 3 \nPage 2
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2. H��e you euer obser'ved � board m�eting either in p�rson or on C�View, the City's TV station?
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3. What background and/or quaiificatians do you h�ve �hat you f�el would qualify you to serve on
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Item # 15
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:2/21/2013
Approve the Business Lease Contract between the City of Clearwater and Community Dental Clinic, Inc. for the lease of City-
owned property located on the northwest corner of South Martin Luther King Jr. Avenue and Woodlawn Street and the authorize
appropriate off'icials to execute same.
SUMMARY:
At the January 14, 2013 wark session, Council directed staff to prepare a business lease contract with the Community Dental
Clinic, Inc. for City-owned properly located at 1498 South Martin Luther King Jr. Ave.
Community Dental Clinic, Inc. (CDC) approached the City with a request to lease City property to provide low-cost, basic dental
care to qualifying people. After considering several location options, the proposed site is a City-owned commercial building
located at 1498 South Martin Luther King Jr. Avenue. A portion of the 4,600 square foot building is used by the Clearwater Police
Department as a substation. The remaining space is approximately 3,354 square feet and was previously occupied by Foundation
Village Neighborhood Family Center, Inc. for several years.
The proposed lease allows the non-pro�t organization to use the property to provide dental care for UPARC, Inc.
participants/consumers, participants/referrals from Salvation Army programs, and Clearwater Free Clinic patients within the low-
income population living in Pinellas County.
Notable terms and conditions of the lease are listed below:
CDC will accept the property as is and may make alterations and improvements at its sole cost and expense.
The initial lease term is for �ve years with an option to extend the lease for one additional �ve-year period. The additional �ve-
year option may be approved or denied at the City's sole discretion.
The proposed lease establishes rent at the nominal rate of $1.00 annually for the term of the lease.
CDC will be responsible for build-out costs and will assume all interiar maintenance responsibilities other than the buildings
structural components.
Should Council determine that the property is needed for other municipal purposes and terminates this lease within two years of
the effective date, the City shall reimburse the CDC on a prorated basis for a portion of CDC's costs associated with improving the
property.
The City will continue to maintain the landscaping on the property; sewer/water utility costs will be shared by CDC paying 72%
and the Police Department paying 28% of actual costs.
Insurance requirements have been established by the City's Risk Management Department.
CoveF Memo
Item # 16
Review Approval:
Attachment number 1 \nPage 1
BUSINESS LEASE CONTRACT
THIS BUSINESS LEASE CONTRACT, entered into this day of , 2013,
between the CITY OF CLEARWATER, FLORIDA, a Florida municipality whose mailing address is
112 S Osceola Avenue, Clearwater, Florida 33756 as Lessor, and the COMMUNITY DENTAL
CLINIC, INC., a Florida nonprofit corporation whose principal address is 3117 Harvest Moon Drive,
Palm Harbor, Florida 34683 as Lessee.
WITNESSETH:
That the Lessor does lease to the Lessee a portion of property addressed at 1498 South
Martin Luther King Jr. Avenue, Clearwater, Florida, described as follows:
See Exhibit "A" Attached hereto and by this reference made a part hereof.
Such property shall hereinafter be referred to as the "Leased Premises" or the "Demised
Premises" or the "Leased Property."
1. LEASE TERM.
The term of this lease shall be for five (5) years; which term will commence on the day of
, 2013 (the "Effective Date"), and shall continue until midnight on the
day of , 2018 (herein called the "Initial Term"). Subject to Lessor's written
approval, the Lessee shall have the option to request an extension of the term of this lease for one
successive period of five years ("Extended Term" as used herein). Lessor may approve or disapprove
Lessee's requested extension in its sole discretion. No such renewal or extension shall be deemed a
waiver by Lessor of any breach or default which may then exist. The Extended Term shall be upon
the same conditions and terms, and the rent shall be determined and payable, as provided in this
agreement, except that there shall be no privilege to extend the term beyond the expiration of the
Extended Term period as hereinabove specified. The Lessee shall request the option for an Extended
Term by notifying the Lessor in writing at least two (2) calendar months prior to the expiration of the
then current term. Upon such exercise, and upon Lessor's written approval, this lease shall be
deemed to be extended without the execution of any further lease or other instrument. Failure to
exercise the option for any period shall nullify the option for all subsequent periods.
2. RENT.
The Lessee agrees to pay and the Lessor agrees to accept as rent during the term of this lease
the sum of One and 00/100 Dollars ($1.00) annually, and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged.
3. USE OF PREMISES.
The premises are leased to Lessee solely for the following uses and no other use can be made
of the premises during the term without the written consent of the Lessor: The premises will be used
primarily to provide low-cost basic dental care for UPARC, Inc. participants/consumers,
participants/referrals from Salvation Army programs, and Clearwater Free Clinic patients and
Item # 16
Attachment number 1 \nPage 2
permanent residents of mid and upper Pinellas County whose income is between 100% and 200% of
Federal Poverty Guidelines as established by the U.S. Department of Health and Human Services.
All activities authorized herein shall be consistent with Lessee's charitable and educational exempt
status and are subject to the availability of Lessee's paid and volunteer personnel, equipment and
supplies.
4. UTILITIES.
Electric, communications and all other utilities of any kind with the exception of sewer/water
shall be billed directly to Lessee and are or shall be individually metered for the subject premises. All
deposits for such utilities shall be the sole responsibility of Lessee. Payment of sewer and water
utilities shall be shared; Lessee shall pay 72% and Lessor shall pay 28%.
5. COMMON AREA MAINTENANCE AND TAXES.
Lessor shall repair damage recently caused by the failure of the water heater in the Leased
Premises. Damage shall include the removal of mold and the repair or replacement of the water
heater. Lessor shall maintain landscaping on the Leased Premises. Lessee agrees that the cost of
Common Area Maintenance, other than landscaping costs, shall be shared; Lessee shall pay 72% of
actual costs and Lessor shall pay 28% of actual costs. Lessee shall properly maintain the Leased
Premises in a clean and orderly condition. If any ad valorem taxes, intangible property taxes,
personal property taxes, or other liens or taxes of any kind are assessed or levied lawfully on the
Leased Property, based on the Lessee's use of the Leased Property during the term of this lease, the
Lessee agrees to pay all such taxes, assessments or liens, within thirty (30) days after receiving
written notice from the Lessor. In the event the Lessee fails to pay all such taxes assessed or levied
on the Proporty within thirty (30) days after receiving written notice, the Lessor may, at its sole option,
pay such taxes, liens, or assessments, which Lessee shall immediately reimburse Lessor together
with any interest, calculated at the maximum rate allowed by law, and any administrative costs
incurred by the Lessor. Failure of the Lessee to pay any taxes or assessments pursuant to this
paragraph will constitute a material default of this Lease.
6. OBSERVANCE OF LAWS AND ORDINANCES.
Lessee agrees to observe, comply with and execute promptly at its expense during the term
hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of
governmental authorities and agencies and of insurance carriers which relate to its use or occupancy
of the Demised Premises. Lessor has not received notice of any code violations currently affecting
the Leased Premises.
7. ASSIGNMENT OR SUBLEASE.
Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage,
pledge, or encumber this lease, in whole or in part, or sublet the premises or any part thereof. Lessor
may approve or deny assignment in its sole discretion. This covenant shall be binding on the legal
representatives of Lessee, and on every person to whom Lessee's interest under this lease passes
by operation of law, but it shall not apply to an assignment or subletting to the parent or subsidiary of
a corporate lessee or to a transfer of the leasehold interest occasioned by a consolidation or merger
involving such lessee.
Item # 16
[GM 12-1313-064/117603/3] Page 2 of 11
Attachment number 1 \nPage 3
If the premises are sublet or occupied by anyone other than Lessee, and Lessee is in default
hereunder, or if this lease is assigned by Lessee, Lessor may collect rent from the assignee,
subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such
collection shall be deemed a waiver of the covenant herein against assignment and subletting, or the
acceptance of such assignee, subtenant, or occupant as Lessee, or a release of Lessee from further
perFormance of the covenants herein contained.
8. ALTERATIONS AND IMPROVEMENTS.
The Lessee may make structural alterations, modifications, and improvements (Improvements) to the
Leased Premises at its sole cost and expense. Proposed Improvements and respective cost
estimates are listed in Exhibit "C" attached hereto and by this reference, made a part hereof. All
Improvements are subject to Lessor's approval and shall be constructed to accommodate activities
authorized herein. Improvements to said property shall become the property of the Lessor upon the
termination of this lease or, at Lessee's option, the Lessee, if it can do so without damage to the
Property, remove such Improvements and restore the leased property at Lessee's expense to its
original condition, subject to provisions in paragraph 18 below. The restrictions of this paragraph shall
not apply to maintenance of the leased property, but shall apply to any change which changes the
architecture or purpose of the property or which changes any of the interior walls of the improvements
or which annexes a fixture to any part of the leased property which cannot be removed without
damage thereto. In the event Lessee desires to make any alterations or modifications, written notice
shall be given to the Lessor. Unless the Lessor objects to such proposals by notice to Lessee within
twenty (20) days after written notice from Lessee, the proposal shall be deemed approved. Lessee
shall have no power or authority to permit mechanics' or materialmen's liens to be placed upon the
leased property in connection with maintenance, alterations or modifications. Lessee shall, within
fifteen (15) days after notice from Lessor, discharge any mechanic's liens for materials or labor
claimed to have been furnished to the premises on Lessee's behalf. Not later than the last day of the
term Lessee shall, at Lessee's expense, remove all of Lessee's personal property and Improvements
made by Lessee which have not become the property of Lessor, including trade fixtures and the like.
All property remaining on the premises after the last day of the term of this lease shall be conclusively
deemed abandoned and may be removed by Lessor and Lessee shall reimburse Lessor for the cost
of such removal.
9. RISK OF LOSS.
All personal property placed or moved in the premises shall be at the risk of the Lessee or
owner thereof. The Lessor shall not be responsible or liable to the Lessee for any loss or damage that
may be occasioned by or through the acts or omissions of persons occupying adjoining premises or
any part of the premises adjacent to or connected with the premises hereby leased or any part of the
building which the Leased Premises are a part of or any loss or damage resulting to the Lessee or its
property from bursting, stopped up or leaking water, gas, sewer or steam pipes unless the same is
due to the negligence of the Lessor, its agents, servants or employees.
10. RIGHT OF ENTRY.
The Lessor, or any of its agents, shall have the right to enter said premises during all
reasonable hours, to examine the same to make such repairs, additions or alterations as may be
deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit
said premises. The right of entry shall likewise exist for the purpose of removing placards, signs,
Item # 16
[GM 12-1313-064/117603/3] Page 3 of 11
Attachment number 1 \nPage 4
fixtures, alterations or additions, which do not conform to this agreement. This Right of Entry shall be
subject to the rights of Patient Privacy and Lessor shall not be entitled to inspect any examination
areas when patients are present and shall not be granted access to any confidential Patient Records
or information.
11. RESTORING PREMISES TO ORIGINAL CONDITION.
Lessee hereby accepts the premises in the condition they are in at the beginning of this lease
and agrees to maintain said premises in the same condition, order and repair as they are at the
commencement of said term, and to return the premises to their original condition at the expiration of
the term, excepting only reasonable wear and tear arising from the use thereof under this agreement,
or Improvements that remain upon Lessee's vacation. The Lessee agrees to make good to said
Lessor immediately upon demand, any damage to water apparatus, or electric lights or any fixture,
appliances or appurtenances of said premises, or of the walls or the building caused by any act or
neglect of Lessee or of any person or persons in the employ or under the control of the Lessee.
12. INSURANCE.
Lessee agrees to comply with all terms, provisions and requirements contained in Exhibit "B"
attached hereto and made a part hereof as if said document were fully set forth at length herein.
13. MAINTENANCE.
Lessor shall keep the structural components of the building and Leased Premises including
foundation, outer walls, roof and buried conduits of the premises in good repair, except that the
Lessor shall not be called on to make any such repairs occasioned by the negligence of the Lessee,
its agents, express or implied invitees, or employees. Lessee shall keep the inside of said premises
and the interior doors, windows and window frames of said premises in good order, condition and
repair and shall also keep the premises in a clean, sanitary and safe condition in accordance with law
and in accordance with all directions, rules and regulations of governmental agencies having
jurisdiction. The Lessee shall be responsible for providing all light bulbs used on the premises. The
plumbing facilities shall not be used for any other purposes than that for which they are constructed
and no foreign substances of any kind shall be thrown therein, and the expense of any breakage,
stoppage or damage resulting from the violation of this provision shall be borne by the Lessee. The
heating and air-conditioning system and plumbing facilities shall be under the control of Lessee, and
Lessee agrees that all operation, upkeep, repairs and replacements will be at Lessee's expense,
except where the repairs or replacements shall be caused by the negligence or misuse by Lessor or
its employees, agents, invitees, or licensees. In the event Lessor pays any monies required to be paid
by Lessee hereunder, said monies shall become additional rent due hereunder, Lessor shall demand
repayment of same from Lessee and Lessee shall make payment within ten (10) days of receipt of
said demand. Lessee's failure to make such repayment within the ten (10) day period shall constitute
a material default under the terms of this lease. Lessee shall not be required to repair or replace any
HVAC component or system costing more than Two Thousand and 00/100 Dollars ($2,000.00) in the
aggregate during the first year of this Lease. Lessor may, at its sole discretion, repair the HVAC
component or system. However, if neither party hereto chooses to make said repairs resulting in
unsatisfactory conditions within the leased premises, this Lease shall automatically terminate and
Lessee shall not be entitled to any reimbursement of costs for improvements as may be provided
herein.
Item # 16
[GM 12-1313-064/117603/3] Page 4 of 11
Attachment number 1 \nPage 5
14. DESTRUCTION OF PREMISES.
In the event that the building should be totally destroyed by fire, earthquake or other cause, to
such an extent that it cannot be rebuilt or repaired within sixty (60) days after the date of such
destruction, this lease shall be terminated.
In the event that the building should be partially damaged by fire, earthquake or other cause,
but only to such an extent that it can be rebuilt or repaired within sixty (60) days after the date of such
destruction, the lease shall be void or voidable, but not automatically terminated, except as otherwise
provided herein. If Lessor does not intend to rebuild and repair, Lessor shall within fifteen (15) days of
such damage, provide written notice to Lessee of termination of the Lease. If the Lessor intends to
rebuild or repair the premises, it shall, within fifteen (15) days after the date of such damage, give
written notice to Lessee of the intention to rebuild or repair and shall proceed with reasonable
diligence to restore the building to substantially the same condition in which it was immediately prior
to the destruction. However, Lessor shall not be required to rebuild, repair or replace any
improvements or alterations made by Lessee within the building. During the period of rebuilding or
repairing, there shall be no diminution of rents. If, after rebuilding or repairing has commenced, such
rebuilding or repairing cannot be completed within sixty (60) days after the date of such partial
destruction, the Lessor may either terminate the lease or continue with the lease with a proportional
rent rebate to Lessee. If Lessor undertakes to rebuild or repair, Lessee shall, at its own expense,
restore all work required to be done by such Lessee under this agreement.
15. EMINENT DOMAIN.
If the whole or any part of the premises hereby leased shall be taken by any public authority
under power of eminent domain, then the term of this lease shall cease on the part so taken from the
date title vests pursuant to such taking, and the rent and any additional rent shall be paid up to that
day, and if such portion of the Demised Premises is so taken as to destroy the usefulness of the
premises for the purpose for which the premises were leased, then from that day the Lessee shall
have the right to either terminate this lease or to continue in possession of the remainder of the same
under the terms herein provided, except that the rent shall be reduced in proportion to the amount of
the premises taken. The parties agree that the Lessee shall not be entitled to any damages by reason
of the taking of this leasehold, or be entitled to any part of the award for such taking, or any payment
in lieu thereof.
16. SUBORDINATION.
This lease and the rights of the Lessee hereunder are hereby made subject and subordinate to
all bona fide mortgages now or hereafter placed upon the said premises by the Lessor and any other
owner provided, however, that such mortgages will not cover the equipment and furniture or
furnishings on the premises owned by the Lessee. The Lessee further agrees to execute any
instrument of subordination which might be required by mortgagee of the Lessor.
17. DEFAULT; REMEDIES.
(a) The Lessee further covenants that, if default shall be made in the payment of rent, or any
additional rent, when due, or if the Lessee shall violate any of the other covenants of this lease and
fail to correct such default within fifteen (15) days after a written request by the Lessor to do so, then
the Lessor may, at its option, deem this lease terminated, accelerate all rents and future rents called
Item # 16
[GM 12-1313-064/117603/3] Page 5 of 11
Attachment number 1 \nPage 6
for hereunder and Lessee shall become a tenant at sufferance, and the Lessor shall be entitled to
obtain possession of the premises as provided by law.
(b) In case the leased property shall be abandoned, as such term is defined by Florida
Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, may (i)
re-enter the premises as the agent of the Lessee, either by force or otherwise, without being liable to
any prosecution or claim therefor, and may relet the leased property as the agent of the Lessee and
receive the rent therefor and apply the same to the payment of such expenses as Lessor may have
incurred in connection with the recovery of possession, reduction, refurbishing or otherwise changing
or preparing for reletting, including brokerage and reasonable attorneys fees. Thereafter, it shall be
applied to the payment of damages in amounts equal to the rent hereunder and to the cost and
expenses of perFormance of the other covenants of Lessee as provided herein; or (ii) the Lessor may,
at its option, terminate this lease by giving the Lessee fifteen (15) days' written notice of such
intention served upon the Lessee or left upon the leased property, and the term hereof shall
absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period, but
the Lessee shall nevertheless and thereafter be liable to the Lessor for any deficiency between the
rent due hereunder for the balance of the term of this lease and the rent actually received by Lessor
from the leased property for the balance of said term.
(c) The Lessor, at its option, may terminate this lease as for a default upon the occurrence of
any or all of the following events: an assignment by Lessee for the benefit of creditors; or the filing of
a voluntary or involuntary petition by or against Lessee under any law for the purpose of adjudicating
Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or to prevent
bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy
of the Lessee. Each of the foregoing events shall constitute a default by Lessee and breach of this
lease.
(d) Lessor, at its option, may terminate this Lease in the event that the City Council
determines, at a duly constituted City Council meeting that the Leased Premises are required for
other municipal purposes and serves Lessee with One hundred Twenty (120) days written notice.
18. REFUND FOR CAPITAL IMPROVEMENTS
Lessee is solely responsible for all costs associated with Improvements to the Leased
Premises per paragraph 8 above. However, if the City Council determines that the Leased Premises
are required for other municipal purposes and terminates this Lease pursuant to paragraph 17 (d)
above within two (2) years of the Effective Date of this Lease, and Lessee has not removed said
Improvements in accordance with paragraph 8, Lessor shall provide reimbursement to Lessee for
Lessee's actual construction costs incurred for Improvements. Lessor shall provide reimbursement
on a prorated basis according to the following terms:
(a) If Lessor terminates this Lease per paragraph 17 (d) above with a termination date prior to
one year after the Effective Date of this Lease, Lessor shall reimburse Lessee for sixty percent (60%)
of Lessee's actual cost of construction of Improvements. Any Improvements for which the Lessee
receives reimbursement shall remain on the premises and become property of the Lessor. Said
reimbursement shall not exceed sixty percent (60%) of the total expenditures provided for in Exhibit
<<C„
Item # 16
[GM 12-1313-064/117603/3] Page 6 of 11
Attachment number 1 \nPage 7
(b) If Lessor terminates this Lease per paragraph 17 (d) above with a termination date after the
first anniversary of the Effective Date, but prior to two years after the Effective Date of this Lease,
Lessor shall reimburse Lessee for thirty percent (30%) of Lessee's actual cost of construction of
Improvements. Any Improvements for which the Lessee receives reimbursement shall remain on the
premises and become property of the Lessor. Said reimbursement shall not exceed thirty percent
(30%) of the total of the expenditures provide for in Exhibit "C".
(c) If Lessor terminates this Lease per paragraph 17 (d) above with a termination date
subsequent to two years after the Effective Date of this Lease, Lessor shall have no responsibility to
reimburse Lessee for any costs associated with construction of Improvements.
(d) If Lessee chooses to remove the Improvements and restore the Leased Premises as
provided in paragraph 8 above, Lessee shall not be entitled to reimbursement as provided in this
paragraph.
(e) If Lessee is in default of any terms or conditions herein upon termination of this Lease,
Lessee shall not be entitled to reimbursement as provided in this paragraph.
19. MISCELLANEOUS.
(a) The Lessor shall have the unrestricted right of assigning this lease at any time, and in the
event of such assignment, the Lessor shall be relieved of all liabilities hereunder.
(b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and
assigns and successors of the Lessee.
(c) It is understood and agreed between the parties hereto that time is of the essence of this
contract and this applies to all terms and conditions contained herein.
(d) It is understood and agreed between the parties hereto that written notice sent by certified
or registered mail, or hand delivered to the premises leased hereunder, shall constitute sufficient
notice to the Lessee, and written notice sent by certified or registered mail or hand delivered to the
office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this
contract.
(e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of
the Lessor to exercise promptly any rights given hereunder shall not operate to forFeit any of the said
rights.
(f) It is hereby understood and agreed that Lessee's use of signs in connection with the
premises hereunder shall be subject to the prior approval of the Lessor and shall be in accordance
with regulations and ordinances of the City of Clearwater, or other applicable law.
(g) It is understood that no representations or promises shall be binding on the parties hereto
except those representations and promises contained herein or in some future writing signed by the
party making such representations or promises.
(h) It is hereby agreed that if any installment of rent or any other sum due from Lessee is not
received by Lessor within five (5) days after such amount shall be due, Lessee shall pay to Lessor a
Item # 16
[GM 12-1313-064/117603/3] Page 7 of 11
Attachment number 1 \nPage 8
late charge equal to five percent (5%) of such overdue amount. The Lessor shall not be required to
accept any rent not paid within five (5) days subsequent of the date when due absent the
simultaneous payment of this late charge. The requirement for a late charge set out herein shall not
be construed to create a curative period or a grace period for the timely payment of rent.
20. SUBROGATION.
The Lessor and Lessee do agree that each will cause its policies of insurance for fire and
extended coverage to be so endorsed as to waive any rights of subrogation which would be otherwise
available to the insurance carriers, by reason of any loss or damage to the leased property or
property of Lessor. Each party shall look first to any insurance in its favor before making any claim
against the other party. Nothing contained herein shall in any way be considered or construed as a
waiver or release by the Lessor of any and all of the other covenants and conditions contained in this
lease to be perFormed by the Lessee.
21. ESTOPPEL LETTER.
In the event Lessor shall obtain a loan from an institutional lender, and if the following shall be
a requirement of such loan, the Lessee agrees to execute an estoppel letter in favor of the lender
verifying the standing of the lease, the terms thereof, and all amounts paid thereunder and such other
matters as may be reasonably requested.
22. PARKING SPACES.
Lessee shall have the right to use the parking lot adjacent to and west of the building of which
the Leased Premises is a part. Lessee may install sign(s) directing appropriate use of the parking
area. Any proposed sign(s) shall be in accordance with regulations established by any applicable
governmental authority and shall be approved by Lessor prior to installation. Lessee is not permitted
to use the parking lot on the east side of the building.
23. INDEMNIFICATION.
The Lessee shall indemnify the Lessor against liabilities, expenses and losses incurred by the
Lessor arising out of or related to the Leased Premises or Lessee's use or occupancy thereof, to
include but not being limited to (a) failure by the Lessee, or its agents, to perForm any provision, term,
covenant or agreement required to be performed by the Lessee under this agreement; (b) any
occurrence, injury or personal or property damage which shall happen in or about the leased property
or appurtenances resulting from the condition, maintenance, construction on or of the operation of the
leased property; (c) failure to comply with any requirements of any governmental authority or
insurance company insuring the leased property or its contents; (d) any security agreement,
conditional bill of sale or chattel mortgage or mechanic's lien connected with Lessee, its obligations or
operations, filed against the leased property, fixtures, equipment or personality therein; and (e) any
construction, work, alterations or improvements by Lessee on the leased property. Such
indemnification shall include reasonable attorney's fees for all proceedings, trials and appeals, and
shall survive termination or expiration of this agreement.
24. "AS IS" CONDITION.
[GM 12-1313-064/117603/3] Page 8 of 11
IE�ii�:�i[�
Attachment number 1 \nPage 9
Except as specifically provided for herein, Lessee accepts the Leased Premises on an "as is"
basis, and Lessor shall have no obligation to improve or remodel the Leased Premises.
25. CONSTRUCTIVE EVICTION.
Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee
shall have first notified Lessor in writing of the condition or conditions giving rise thereto and, if the
complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such
notice to remedy such conditions.
26. JANITORIAL EXPENSES.
Lessee shall obtain janitorial services for the Leased Premises at its expense.
27. SEVERANCE.
The invalidity or unenforceability of any portion of this lease shall in nowise affect the
remaining provisions and portions hereof.
28. CAPTIONS.
The paragraph captions used throughout this lease are for the purpose of reference only and
are not to be considered in the construction of this lease or in the interpretation of the rights or
obligations of the parties hereto.
29. NO HAZARDOUS MATERIALS.
The Lessee herewith covenants and agrees that, except for those materials customarily
utilized in a dental practice, no hazardous materials, hazardous waste, or other hazardous
substances will be used, handled, stored or otherwise placed upon the property or, in the alternative,
that such materials, wastes or substances may be located on the property, only upon the prior written
consent of the Lessor hereunder, and only in strict accord and compliance with any and all applicable
state and federal laws and ordinances. In the event such materials are utilized, handled, stored or
otherwise placed upon the property, Lessee expressly herewith agrees to indemnify and hold Lessor
harmless from any and all costs incurred by Lessor or damages as may be assessed against Lessor
in connection with or otherwise relating to said hazardous materials, wastes or substances at
anytime, without regard to the term of this lease. This provision shall specifically survive the
termination hereof.
30. ENVIRONMENTAL CONDITION.
Lessor hereby represents that it has not investigated the environmental condition of the
property within the ten years previous to the effective date of this Lease; however, as of the date of
this Lease the Lessor is not on notice that the Leased Premises contains any environmental
contamination. Lessee may, at its sole cost and expense, investigate the environmental condition of
the Leased Premises provided that any damage caused to the Leased Premises by the investigation
is restored to a condition acceptable to Lessor. Lessor shall not be responsible to incur any costs
associated with any environmental investigation of the Leased Premises discovered in the course of
the Lessee's investigation or associated with Lessee's use and occupancy as provided herein.
Item # 16
[GM 12-1313-064/117603/3] Page 9 of 11
Attachment number 1 \nPage 1i
31. CONFORMANCE WITH LAWS, AMERICANS WITH DISABILITIES ACT.
Lessee agrees to comply with all applicable federal, state and local laws during the life of this
Contract. Lessee hereby affirms its intention to take any and all actions reasonable and prudent to
comply with the Americans with Disabilities Act of 1990 (known as the "ADA"). These would include
modifications to the structure, revisions in operations, and supporting communications capabilities
and procedures and changes in functional location and layout.
32. ATTORNEY'S FEES.
In the event that either party seeks to enforce this Contract through attorneys at law, then the
parties agree that each party shall bear its own attorney fees and costs.
33. GOVERNING LAW.
The laws of the State of Florida shall govern this Contract, and any action brought by either
party shall lie in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set
forth above.
Signatures Appear on the Following Page
Item # 16
[GM 12-1313-064/117603/3] Page 10 of 11
Countersigned:
George N. Cretekos
Mayor
Approved as to form:
Laura Lipowski Mahony
Assistant City Attorney
Attest:
Print Name:
:
Attest:
CITY OF CLEARWATER, FLORIDA
William B. Horne II
City Manager
Rosemarie Call
City Clerk
COMMUNITY DENTAL CLINIC, INC.
:
Print Name:
Title:
Attachment number 1 \nPage 1
Item # 16
[GM 12-1313-064/117603/3] Page 11 of 11
Attachment number 2 \nPage 1
EXHIBITA
LEGAL DESCRIPTION:
The Leased Premises is described as that certain portion of the building located at 1498 South Martin Luther King Jr. Avenue, a depiction of which is
attached hereto, containing 3,354 square feet, more or less of interior floor area measured to the unfinished surfaces of its perimeter walis all
together being a portion of:
Lot 2, FOUNDATION OAKS, according to the Plat thereof as recorded in Plat Book 118, Page 85, Public Records of Pinellas County, Florida, and
the south 100 feet of the east 100 feet of the following described tract of land:
From the southeast corner of the NW Y4 of the SW Y4 of Section 22, Township 29 South, Range 15 East, Pinellas County, Florida; run thence
N.00°22'56" west, along the east boundary thereof 30.00 feet; thence north 89°11'46" west, 30.00 feet to the point of beginning, also being the north
right-of-way line of Woodlawn Street and the west right-of-way line of South Martin Luther King Jr. Avenue; thence continue north 89°11'46" west,
208.71 feet along said north right-of-way line of Woodlawn Street; thence north 00°22'56" west, 208.71 feet; thence south 89°11'46" east, 208.71
feet to the west right-of-way line of said South Martin Luther King Jr. Avenue; thence south 00°22'56" east, 208.71 feet along said west right-of-way
line to the point of beginning.
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Attachment number 3 \nPage 1
��.�i��������
CITY OF CLEARWATER INSURANCE REQUIREMENTS
The Lessee shall, at its own cost and expense, acquire and maintain (and cause any
contractors and subcontractors to acquire and maintain) during the term with the City,
sufficient insurance to adequately protect the respective interest of the parties.
Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better.
Specifically the Lessee must carry the following minimum types and amounts of
insurance on an occurrence basis or in the case of coverage that cannot be obtained on
an occurrence basis, then coverage can be obtained on a claims-made basis with a
minimum three (3) year tail following the termination or expiration of this Agreement.
These insurance requirements shall not limit the liability of the Lessee. The City does
not represent that these types or amounts of insurance to be sufficient or adequate to
protect the Lessee's interests or liabilities, but are merely minimums:
1. Commercial General Liability Insurance including but not limited to,
premises operations, products/completed operations, products liability,
contractual liability, independent contractors, personal injury and advertising
injury, at $1,000,000 per occurrence and $1,000,000 general aggregate and
$1,000,000 products/completed operation aggregate.
2. Commercial Automobile Liability Insurance for any owned, non-owned,
hired or borrowed automobile is required in the minimum amount of
$1,000,000 combined single limit.
3. Workers' Compensation Insurance shall be maintained during the life of
this contract in accordance with the laws of the State of Florida, for all of
Lessee's employees employed at the site. Coverage should include
Voluntary Compensation and U.S. Longshoremen's and Harbor Worker's Act
coverage where applicable.
4. Employer's Liability Insurance shall be maintained in the minimum amount
of $100,000 each employee, each accident, and $100,000 each
City of Clearwater Insurance Requirements
Exhibit "B" Ite�� il 6
Attachment number 3 \nPage 2
employee/$500,000 policy limits for disease, and which meets all state and
federal laws. Coverage must be applicable to employees, contractors, and
subcontractors, if any.
5. Professional Liability/Malpractice Insurance shall be maintained by
Lessee with minimum limits of $1,000,000 per occurrence and in the type
appropriate for the business engaged in by the Lessee.
6. If the Lessee is using its own property or the property of City in connection
with the perFormance of its obligations under this Agreement, then Property
Insurance on an "All Risks" basis with replacement cost coverage for
property and equipment in the care, custody and control of others is required.
The above insurance limits may be achieved by a combination of primary and
umbrella/excess liability policies.
Other Insurance Provisions:
1. The City is to be specifically included as an "Additional Insured" on the
Commercial Liability Insurance, and Commercial Auto Liability Insurance
policies listed above and named as a"Loss Payee" on Lessee's Property
Insurance policy. Coverage shall contain no special limitations on the scope
of protection afforded to the City, its officials, employees, agents or
volunteers.
2. Prior to the execution of this Agreement, and then annually upon the
anniversary date(s) of the insurance policy's renewal date(s), the Lessee will
furnish the City with a Certificate of Insurance evidencing the coverage's set
forth above and naming the City as an "Additional Insured" on the Lessee's
Commercial General Liability Insurance and Commercial Auto Liability
Insurance policies listed above and as a"Loss Payee" on the Lessee's
Property Insurance policy. In addition, Lessee will provide the City with
certified copies of all applicable policies when requested in writing from the
City of Clearwater Insurance Requirements
Exhibit "B" Ite�� 216
Attachment number 3 \nPage 3
City. The address where such certificates and certified policies shall be sent
or delivered is as follows:
City of Clearwater
Attn: Administrative Support Manager
Engineering/Production Department
P.O. Box 4748
Clearwater, FL 33758-4748
3. Lessee shall provide thirty (30) days written notice of any cancellation, non-
renewal, termination, material change or reduction in coverage.
4. Lessee's insurance as outlined above shall be primary and non-contributory
coverage for Lessee's negligence.
5. Lessee shall defend, indemnify, save and hold the City harmless from any
and all claims, suits, judgments and liability for death, personal injury, bodily
injury, or property damage arising directly or indirectly including legal fees,
court costs, or other legal expenses.
The stipulated limits of coverage above shall not be construed as a limitation of any
potential liability to the City, and failure to request evidence of this insurance shall not
be construed as a waiver of Lessee's obligation to provide the insurance coverage
specified.
City of Clearwater Insurance Requirements
Exhibit "B" Ite�� 316
Attachment number 4 \nPage 1
EXHIBIT "C"
The following was provided by the Community Dental Clinic, Inc.
The Scope of Work for improvements to the Leased Premises includes an Architect
(sealed permit drawings), miscellaneous demolition and old flooring removal,
miscellaneous carpentry, cleaning & sealing existing VCT flooring, constructing new
lobby and sterilization room walls, new flooring where required, replacement of several
damaged ceiling tiles, replacement of A/C filters, servicing existing plumbing, piping
and hook-up of all dental equipment, checking electrical systems w/ minor repairs as
needed.
The following categories are excluded: site work, structural work, exterior building
improvements, insulation, windows, kitchen equipment work, all dental equipment, fire
protection systems, HVAC equipment, electrical fixtures, panels and devices.
Based upon the above, the building will be adequate for occupancy and use as a dental
clinic using a construction budget of $ 33,000.
The Remainder of this Page Intentionally Left Blank
IE�ii�:�i[�
Attachment number 5 \nPage 1
BUSINESS LEASE CONTRACT
THIS BUSINESS LEASE CONTRACT, entered into this day of , 2013,
between the CITY OF CLEARWATER, FLORIDA, a Florida municipality whose mailing address is
112 S Osceola Avenue, Clearwater, Florida 33756 as Lessor, and the COMMUNITY DENTAL
CLINIC, INC., a Florida nonprofit corporation whose principal address is 3117 Harvest Moon Drive,
Palm Harbor, Florida 34683 as Lessee.
WITNESSETH:
That the Lessor does lease to the Lessee a portion of property addressed at 1498 South
Martin Luther King Jr. Avenue, Clearwater, Florida, described as follows:
See Exhibit "A" Attached hereto and by this reference made a part hereof.
Such property shall hereinafter be referred to as the "Leased Premises" or the "Demised
Premises" or the "Leased Property."
1. LEASE TERM.
The term of this lease shall be for five (5) years; which term will commence on the day of
, 2013 (the "Effective Date"), and shall continue until midnight on the
day of , 2018 (herein called the "Initial Term"). Subject to Lessor's written
approval, the Lessee shall have the option to request an extension of the term of this lease for one
successive period of five years ("Extended Term" as used herein). Lessor may approve or disapprove
Lessee's requested extension in its sole discretion. No such renewal or extension shall be deemed a
waiver by Lessor of any breach or default which may then exist. The Extended Term shall be upon
the same conditions and terms, and the rent shall be determined and payable, as provided in this
agreement, except that there shall be no privilege to extend the term beyond the expiration of the
Extended Term period as hereinabove specified. The Lessee shall request the option for an Extended
Term by notifying the Lessor in writing at least two (2) calendar months prior to the expiration of the
then current term. Upon such exercise, and upon Lessor's written approval, this lease shall be
deemed to be extended without the execution of any further lease or other instrument. Failure to
exercise the option for any period shall nullify the option for all subsequent periods.
2. RENT.
The Lessee agrees to pay and the Lessor agrees to accept as rent during the term of this lease
the sum of One and 00/100 Dollars ($1.00) annually, and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged.
3. USE OF PREMISES.
The premises are leased to Lessee solely for the following uses and no other use can be made
of the premises during the term without the written consent of the Lessor: The premises will be used
primarily to provide low-cost basic dental care for UPARC, Inc. participants/consumers,
participants/referrals from Salvation Army programs, and Clearwater Free Clinic patients and
Item # 16
Attachment number 5 \nPage 2
permanent residents of mid and upper Pinellas County whose income is between 100% and 200% of
Federal Poverty Guidelines as established by the U.S. Department of Health and Human Services.
All activities authorized herein shall be consistent with Lessee's charitable and educational exempt
status and are subject to the availability of Lessee's paid and volunteer personnel, equipment and
supplies.
4. UTILITIES.
Electric, communications and all other utilities of any kind with the exception of sewer/water
shall be billed directly to Lessee and are or shall be individually metered for the subject premises. All
deposits for such utilities shall be the sole responsibility of Lessee. Payment of sewer and water
utilities shall be shared; Lessee shall pay 72% and Lessor shall pay 28%.
5. COMMON AREA MAINTENANCE AND TAXES.
Lessor shall repair damage recently caused by the failure of the water heater in the Leased
Premises. Damage shall include the removal of mold and the repair or replacement of the water
heater. Lessor shall maintain landscaping on the Leased Premises. Lessee agrees that the cost of
Common Area Maintenance, other than landscaping costs, shall be shared; Lessee shall pay 72% of
actual costs and Lessor shall pay 28% of actual costs. Lessee shall properly maintain the Leased
Premises in a clean and orderly condition. If any ad valorem taxes, intangible property taxes,
personal property taxes, or other liens or taxes of any kind are assessed or levied lawfully on the
Leased Property, based on the Lessee's use of the Leased Property during the term of this lease, the
Lessee agrees to pay all such taxes, assessments or liens, within thirty (30) days after receiving
written notice from the Lessor. In the event the Lessee fails to pay all such taxes assessed or levied
on the Proporty within thirty (30) days after receiving written notice, the Lessor may, at its sole option,
pay such taxes, liens, or assessments, which Lessee shall immediately reimburse Lessor together
with any interest, calculated at the maximum rate allowed by law, and any administrative costs
incurred by the Lessor. Failure of the Lessee to pay any taxes or assessments pursuant to this
paragraph will constitute a material default of this Lease.
6. OBSERVANCE OF LAWS AND ORDINANCES.
Lessee agrees to observe, comply with and execute promptly at its expense during the term
hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of
governmental authorities and agencies and of insurance carriers which relate to its use or occupancy
of the Demised Premises. Lessor has not received notice of any code violations currently affecting
the Leased Premises.
7. ASSIGNMENT OR SUBLEASE.
Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage,
pledge, or encumber this lease, in whole or in part, or sublet the premises or any part thereof. Lessor
may approve or deny assignment in its sole discretion. This covenant shall be binding on the legal
representatives of Lessee, and on every person to whom Lessee's interest under this lease passes
by operation of law, but it shall not apply to an assignment or subletting to the parent or subsidiary of
a corporate lessee or to a transfer of the leasehold interest occasioned by a consolidation or merger
involving such lessee.
Item # 16
[GM 12-1313-064/117603/3] Page 2 of 11
Attachment number 5 \nPage 3
If the premises are sublet or occupied by anyone other than Lessee, and Lessee is in default
hereunder, or if this lease is assigned by Lessee, Lessor may collect rent from the assignee,
subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such
collection shall be deemed a waiver of the covenant herein against assignment and subletting, or the
acceptance of such assignee, subtenant, or occupant as Lessee, or a release of Lessee from further
perFormance of the covenants herein contained.
8. ALTERATIONS AND IMPROVEMENTS.
The Lessee may make structural alterations, modifications, and improvements (Improvements) to the
Leased Premises at its sole cost and expense. Proposed Improvements and respective cost
estimates are listed in Exhibit "C" attached hereto and by this reference, made a part hereof. All
Improvements are subject to Lessor's approval and shall be constructed to accommodate activities
authorized herein. Improvements to said property shall become the property of the Lessor upon the
termination of this lease or, at Lessee's option, the Lessee, if it can do so without damage to the
Property, remove such Improvements and restore the leased property at Lessee's expense to its
original condition, subject to provisions in paragraph 18 below. The restrictions of this paragraph shall
not apply to maintenance of the leased property, but shall apply to any change which changes the
architecture or purpose of the property or which changes any of the interior walls of the improvements
or which annexes a fixture to any part of the leased property which cannot be removed without
damage thereto. In the event Lessee desires to make any alterations or modifications, written notice
shall be given to the Lessor. Unless the Lessor objects to such proposals by notice to Lessee within
twenty (20) days after written notice from Lessee, the proposal shall be deemed approved. Lessee
shall have no power or authority to permit mechanics' or materialmen's liens to be placed upon the
leased property in connection with maintenance, alterations or modifications. Lessee shall, within
fifteen (15) days after notice from Lessor, discharge any mechanic's liens for materials or labor
claimed to have been furnished to the premises on Lessee's behalf. Not later than the last day of the
term Lessee shall, at Lessee's expense, remove all of Lessee's personal property and Improvements
made by Lessee which have not become the property of Lessor, including trade fixtures and the like.
All property remaining on the premises after the last day of the term of this lease shall be conclusively
deemed abandoned and may be removed by Lessor and Lessee shall reimburse Lessor for the cost
of such removal.
9. RISK OF LOSS.
All personal property placed or moved in the premises shall be at the risk of the Lessee or
owner thereof. The Lessor shall not be responsible or liable to the Lessee for any loss or damage that
may be occasioned by or through the acts or omissions of persons occupying adjoining premises or
any part of the premises adjacent to or connected with the premises hereby leased or any part of the
building which the Leased Premises are a part of or any loss or damage resulting to the Lessee or its
property from bursting, stopped up or leaking water, gas, sewer or steam pipes unless the same is
due to the negligence of the Lessor, its agents, servants or employees.
10. RIGHT OF ENTRY.
The Lessor, or any of its agents, shall have the right to enter said premises during all
reasonable hours, to examine the same to make such repairs, additions or alterations as may be
deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit
said premises. The right of entry shall likewise exist for the purpose of removing placards, signs,
Item # 16
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Attachment number 5 \nPage 4
fixtures, alterations or additions, which do not conform to this agreement. This Right of Entry shall be
subject to the rights of Patient Privacy and Lessor shall not be entitled to inspect any examination
areas when patients are present and shall not be granted access to any confidential Patient Records
or information.
11. RESTORING PREMISES TO ORIGINAL CONDITION.
Lessee hereby accepts the premises in the condition they are in at the beginning of this lease
and agrees to maintain said premises in the same condition, order and repair as they are at the
commencement of said term, and to return the premises to their original condition at the expiration of
the term, excepting only reasonable wear and tear arising from the use thereof under this agreement,
or Improvements that remain upon Lessee's vacation. The Lessee agrees to make good to said
Lessor immediately upon demand, any damage to water apparatus, or electric lights or any fixture,
appliances or appurtenances of said premises, or of the walls or the building caused by any act or
neglect of Lessee or of any person or persons in the employ or under the control of the Lessee.
12. INSURANCE.
Lessee agrees to comply with all terms, provisions and requirements contained in Exhibit "B"
attached hereto and made a part hereof as if said document were fully set forth at length herein.
13. MAINTENANCE.
Lessor shall keep the structural components of the building and Leased Premises including
foundation, outer walls, roof and buried conduits of the premises in good repair, except that the
Lessor shall not be called on to make any such repairs occasioned by the negligence of the Lessee,
its agents, express or implied invitees, or employees. Lessee shall keep the inside of said premises
and the interior doors, windows and window frames of said premises in good order, condition and
repair and shall also keep the premises in a clean, sanitary and safe condition in accordance with law
and in accordance with all directions, rules and regulations of governmental agencies having
jurisdiction. The Lessee shall be responsible for providing all light bulbs used on the premises. The
plumbing facilities shall not be used for any other purposes than that for which they are constructed
and no foreign substances of any kind shall be thrown therein, and the expense of any breakage,
stoppage or damage resulting from the violation of this provision shall be borne by the Lessee. The
heating and air-conditioning system and plumbing facilities shall be under the control of Lessee, and
Lessee agrees that all operation, upkeep, repairs and replacements will be at Lessee's expense,
except where the repairs or replacements shall be caused by the negligence or misuse by Lessor or
its employees, agents, invitees, or licensees. In the event Lessor pays any monies required to be paid
by Lessee hereunder, said monies shall become additional rent due hereunder, Lessor shall demand
repayment of same from Lessee and Lessee shall make payment within ten (10) days of receipt of
said demand. Lessee's failure to make such repayment within the ten (10) day period shall constitute
a material default under the terms of this lease. Lessee shall not be required to repair or replace any
HVAC component or system costing more than Two Thousand and 00/100 Dollars ($2,000.00) in the
aggregate during the first year of this Lease. Lessor may, at its sole discretion, repair the HVAC
component or system. However, if neither party hereto chooses to make said repairs resulting in
unsatisfactory conditions within the leased premises, this Lease shall automatically terminate and
Lessee shall not be entitled to any reimbursement of costs for improvements as may be provided
herein.
Item # 16
[GM 12-1313-064/117603/3] Page 4 of 11
Attachment number 5 \nPage 5
14. DESTRUCTION OF PREMISES.
In the event that the building should be totally destroyed by fire, earthquake or other cause, to
such an extent that it cannot be rebuilt or repaired within sixty (60) days after the date of such
destruction, this lease shall be terminated.
In the event that the building should be partially damaged by fire, earthquake or other cause,
but only to such an extent that it can be rebuilt or repaired within sixty (60) days after the date of such
destruction, the lease shall be void or voidable, but not automatically terminated, except as otherwise
provided herein. If Lessor does not intend to rebuild and repair, Lessor shall within fifteen (15) days of
such damage, provide written notice to Lessee of termination of the Lease. If the Lessor intends to
rebuild or repair the premises, it shall, within fifteen (15) days after the date of such damage, give
written notice to Lessee of the intention to rebuild or repair and shall proceed with reasonable
diligence to restore the building to substantially the same condition in which it was immediately prior
to the destruction. However, Lessor shall not be required to rebuild, repair or replace any
improvements or alterations made by Lessee within the building. During the period of rebuilding or
repairing, there shall be no diminution of rents. If, after rebuilding or repairing has commenced, such
rebuilding or repairing cannot be completed within sixty (60) days after the date of such partial
destruction, the Lessor may either terminate the lease or continue with the lease with a proportional
rent rebate to Lessee. If Lessor undertakes to rebuild or repair, Lessee shall, at its own expense,
restore all work required to be done by such Lessee under this agreement.
15. EMINENT DOMAIN.
If the whole or any part of the premises hereby leased shall be taken by any public authority
under power of eminent domain, then the term of this lease shall cease on the part so taken from the
date title vests pursuant to such taking, and the rent and any additional rent shall be paid up to that
day, and if such portion of the Demised Premises is so taken as to destroy the usefulness of the
premises for the purpose for which the premises were leased, then from that day the Lessee shall
have the right to either terminate this lease or to continue in possession of the remainder of the same
under the terms herein provided, except that the rent shall be reduced in proportion to the amount of
the premises taken. The parties agree that the Lessee shall not be entitled to any damages by reason
of the taking of this leasehold, or be entitled to any part of the award for such taking, or any payment
in lieu thereof.
16. SUBORDINATION.
This lease and the rights of the Lessee hereunder are hereby made subject and subordinate to
all bona fide mortgages now or hereafter placed upon the said premises by the Lessor and any other
owner provided, however, that such mortgages will not cover the equipment and furniture or
furnishings on the premises owned by the Lessee. The Lessee further agrees to execute any
instrument of subordination which might be required by mortgagee of the Lessor.
17. DEFAULT; REMEDIES.
(a) The Lessee further covenants that, if default shall be made in the payment of rent, or any
additional rent, when due, or if the Lessee shall violate any of the other covenants of this lease and
fail to correct such default within fifteen (15) days after a written request by the Lessor to do so, then
the Lessor may, at its option, deem this lease terminated, accelerate all rents and future rents called
Item # 16
[GM 12-1313-064/117603/3] Page 5 of 11
Attachment number 5 \nPage 6
for hereunder and Lessee shall become a tenant at sufferance, and the Lessor shall be entitled to
obtain possession of the premises as provided by law.
(b) In case the leased property shall be abandoned, as such term is defined by Florida
Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, may (i)
re-enter the premises as the agent of the Lessee, either by force or otherwise, without being liable to
any prosecution or claim therefor, and may relet the leased property as the agent of the Lessee and
receive the rent therefor and apply the same to the payment of such expenses as Lessor may have
incurred in connection with the recovery of possession, reduction, refurbishing or otherwise changing
or preparing for reletting, including brokerage and reasonable attorneys fees. Thereafter, it shall be
applied to the payment of damages in amounts equal to the rent hereunder and to the cost and
expenses of perFormance of the other covenants of Lessee as provided herein; or (ii) the Lessor may,
at its option, terminate this lease by giving the Lessee fifteen (15) days' written notice of such
intention served upon the Lessee or left upon the leased property, and the term hereof shall
absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period, but
the Lessee shall nevertheless and thereafter be liable to the Lessor for any deficiency between the
rent due hereunder for the balance of the term of this lease and the rent actually received by Lessor
from the leased property for the balance of said term.
(c) The Lessor, at its option, may terminate this lease as for a default upon the occurrence of
any or all of the following events: an assignment by Lessee for the benefit of creditors; or the filing of
a voluntary or involuntary petition by or against Lessee under any law for the purpose of adjudicating
Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or to prevent
bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy
of the Lessee. Each of the foregoing events shall constitute a default by Lessee and breach of this
lease.
(d) Lessor, at its option, may terminate this Lease in the event that the City Council
determines, at a duly constituted City Council meeting that the Leased Premises are required for
other municipal purposes and serves Lessee with One hundred Twenty (120) days written notice.
18. REFUND FOR CAPITAL IMPROVEMENTS
Lessee is solely responsible for all costs associated with Improvements to the Leased
Premises per paragraph 8 above. However, if the City Council determines that the Leased Premises
are required for other municipal purposes and terminates this Lease pursuant to paragraph 17 (d)
above within five (5) years of the Effective Date of this Lease, and Lessee has not removed said
Improvements in accordance with paragraph 8, Lessor shall provide reimbursement to Lessee for
Lessee's actual construction costs incurred for Improvements. Lessor shall provide reimbursement
on a prorated basis according to the following terms:
(a) If Lessor terminates this Lease per paragraph 17 (d) above with a termination date prior to
one year after the Effective Date of this Lease, Lessor shall reimburse Lessee for one hundred
percent (100%) of Lessee's actual cost of construction of Improvements. Any Improvements for
which the Lessee receives reimbursement shall remain on the premises and become property of the
Lessor. Said reimbursement shall not exceed one hundred percent (100%) of the total expenditures
provided for in Exhibit "C".
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[GM 12-1313-064/117603/3] Page 6 of 11
Attachment number 5 \nPage 7
(b) If Lessor terminates this Lease per paragraph 17 (d) above with a termination date after the
first anniversary of the Effective Date, but prior to two years after the Effective Date of this Lease,
Lessor shall reimburse Lessee for eighty percent (80%) of Lessee's actual cost of construction of
Improvements. Any Improvements for which the Lessee receives reimbursement shall remain on the
premises and become property of the Lessor. Said reimbursement shall not exceed eighty percent
(80%) of the total of the expenditures provide for in Exhibit "C".
(c) If Lessor terminates this Lease per paragraph 17 (d) above with a termination date after the
second anniversary of the Effective Date, but prior to three years after the Effective Date of this
Lease, Lessor shall reimburse Lessee for sixty percent (60%) of Lessee's actual cost of construction
of Improvements. Any Improvements for which the Lessee receives reimbursement shall remain on
the premises and become property of the Lessor. Said reimbursement shall not exceed sixty percent
(60%) of the total of the expenditures provide for in Exhibit "C".
(d) If Lessor terminates this Lease per paragraph 17 (d) above with a termination date after the
third anniversary of the Effective Date, but prior to four years after the Effective Date of this Lease,
Lessor shall reimburse Lessee for forty percent (40%) of Lessee's actual cost of construction of
Improvements. Any Improvements for which the Lessee receives reimbursement shall remain on the
premises and become property of the Lessor. Said reimbursement shall not exceed forty percent
(40%) of the total of the expenditures provide for in Exhibit "C".
(e) If Lessor terminates this Lease per paragraph 17 (d) above with a termination date after the
fourth anniversary of the Effective Date, but prior to five years after the Effective Date of this Lease,
Lessor shall reimburse Lessee for twenty percent (20%) of Lessee's actual cost of construction of
Improvements. Any Improvements for which the Lessee receives reimbursement shall remain on the
premises and become property of the Lessor. Said reimbursement shall not exceed twenty percent
(20%) of the total of the expenditures provide for in Exhibit "C".
(f) If Lessor terminates this Lease per paragraph 17 (d) above with a termination date
subsequent to five years after the Effective Date of this Lease, Lessor shall have no responsibility to
reimburse Lessee for any costs associated with construction of Improvements.
(g) If Lessee chooses to remove the Improvements and restore the Leased Premises as
provided in paragraph 8 above, Lessee shall not be entitled to reimbursement as provided in this
paragraph.
(h) If Lessee is in default of any terms or conditions herein upon termination of this Lease,
Lessee shall not be entitled to reimbursement as provided in this paragraph.
19. MISCELLANEOUS.
(a) The Lessor shall have the unrestricted right of assigning this lease at any time, and in the
event of such assignment, the Lessor shall be relieved of all liabilities hereunder.
(b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and
assigns and successors of the Lessee.
(c) It is understood and agreed between the parties hereto that time is of the essence of this
contract and this applies to all terms and conditions contained herein.
Item # 16
[GM 12-1313-064/117603/3] Page 7 of 11
Attachment number 5 \nPage 8
(d) It is understood and agreed between the parties hereto that written notice sent by certified
or registered mail, or hand delivered to the premises leased hereunder, shall constitute sufficient
notice to the Lessee, and written notice sent by certified or registered mail or hand delivered to the
office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this
contract.
(e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of
the Lessor to exercise promptly any rights given hereunder shall not operate to forFeit any of the said
rights.
(f) It is hereby understood and agreed that Lessee's use of signs in connection with the
premises hereunder shall be subject to the prior approval of the Lessor and shall be in accordance
with regulations and ordinances of the City of Clearwater, or other applicable law.
(g) It is understood that no representations or promises shall be binding on the parties hereto
except those representations and promises contained herein or in some future writing signed by the
party making such representations or promises.
(h) It is hereby agreed that if any installment of rent or any other sum due from Lessee is not
received by Lessor within five (5) days after such amount shall be due, Lessee shall pay to Lessor a
late charge equal to five percent (5%) of such overdue amount. The Lessor shall not be required to
accept any rent not paid within five (5) days subsequent of the date when due absent the
simultaneous payment of this late charge. The requirement for a late charge set out herein shall not
be construed to create a curative period or a grace period for the timely payment of rent.
20. SUBROGATION.
The Lessor and Lessee do agree that each will cause its policies of insurance for fire and
extended coverage to be so endorsed as to waive any rights of subrogation which would be otherwise
available to the insurance carriers, by reason of any loss or damage to the leased property or
property of Lessor. Each party shall look first to any insurance in its favor before making any claim
against the other party. Nothing contained herein shall in any way be considered or construed as a
waiver or release by the Lessor of any and all of the other covenants and conditions contained in this
lease to be perFormed by the Lessee.
21. ESTOPPEL LETTER.
In the event Lessor shall obtain a loan from an institutional lender, and if the following shall be
a requirement of such loan, the Lessee agrees to execute an estoppel letter in favor of the lender
verifying the standing of the lease, the terms thereof, and all amounts paid thereunder and such other
matters as may be reasonably requested.
22. PARKING SPACES.
Lessee shall have the right to use the parking lot adjacent to and west of the building of which
the Leased Premises is a part. Lessee may install sign(s) directing appropriate use of the parking
area. Any proposed sign(s) shall be in accordance with regulations established by any applicable
Item # 16
[GM 12-1313-064/117603/3] Page 8 of 11
Attachment number 5 \nPage 9
governmental authority and shall be approved by Lessor prior to installation. Lessee is not permitted
to use the parking lot on the east side of the building.
23. INDEMNIFICATION.
The Lessee shall indemnify the Lessor against liabilities, expenses and losses incurred by the
Lessor arising out of or related to the Leased Premises or Lessee's use or occupancy thereof, to
include but not being limited to (a) failure by the Lessee, or its agents, to perForm any provision, term,
covenant or agreement required to be performed by the Lessee under this agreement; (b) any
occurrence, injury or personal or property damage which shall happen in or about the leased property
or appurtenances resulting from the condition, maintenance, construction on or of the operation of the
leased property; (c) failure to comply with any requirements of any governmental authority or
insurance company insuring the leased property or its contents; (d) any security agreement,
conditional bill of sale or chattel mortgage or mechanic's lien connected with Lessee, its obligations or
operations, filed against the leased property, fixtures, equipment or personality therein; and (e) any
construction, work, alterations or improvements by Lessee on the leased property. Such
indemnification shall include reasonable attorney's fees for all proceedings, trials and appeals, and
shall survive termination or expiration of this agreement.
24. "AS IS" CONDITION.
Except as specifically provided for herein, Lessee accepts the Leased Premises on an "as is"
basis, and Lessor shall have no obligation to improve or remodel the Leased Premises.
25. CONSTRUCTIVE EVICTION.
Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee
shall have first notified Lessor in writing of the condition or conditions giving rise thereto and, if the
complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such
notice to remedy such conditions.
26. JANITORIAL EXPENSES.
Lessee shall obtain janitorial services for the Leased Premises at its expense.
27. SEVERANCE.
The invalidity or unenforceability of any portion of this lease shall in nowise affect the
remaining provisions and portions hereof.
28. CAPTIONS.
The paragraph captions used throughout this lease are for the purpose of reference only and
are not to be considered in the construction of this lease or in the interpretation of the rights or
obligations of the parties hereto.
29. NO HAZARDOUS MATERIALS.
Item # 16
[GM 12-1313-064/117603/3] Page 9 of 11
Attachment number 5 \nPage 1i
The Lessee herewith covenants and agrees that, except for those materials customarily
utilized in a dental practice, no hazardous materials, hazardous waste, or other hazardous
substances will be used, handled, stored or otherwise placed upon the property or, in the alternative,
that such materials, wastes or substances may be located on the property, only upon the prior written
consent of the Lessor hereunder, and only in strict accord and compliance with any and all applicable
state and federal laws and ordinances. In the event such materials are utilized, handled, stored or
otherwise placed upon the property, Lessee expressly herewith agrees to indemnify and hold Lessor
harmless from any and all costs incurred by Lessor or damages as may be assessed against Lessor
in connection with or otherwise relating to said hazardous materials, wastes or substances at
anytime, without regard to the term of this lease. This provision shall specifically survive the
termination hereof.
30. ENVIRONMENTAL CONDITION.
Lessor hereby represents that it has not investigated the environmental condition of the
property within the ten years previous to the effective date of this Lease; however, as of the date of
this Lease the Lessor is not on notice that the Leased Premises contains any environmental
contamination. Lessee may, at its sole cost and expense, investigate the environmental condition of
the Leased Premises provided that any damage caused to the Leased Premises by the investigation
is restored to a condition acceptable to Lessor. Lessor shall not be responsible to incur any costs
associated with any environmental investigation of the Leased Premises discovered in the course of
the Lessee's investigation or associated with Lessee's use and occupancy as provided herein.
31. CONFORMANCE WITH LAWS, AMERICANS WITH DISABILITIES ACT.
Lessee agrees to comply with all applicable federal, state and local laws during the life of this
Contract. Lessee hereby affirms its intention to take any and all actions reasonable and prudent to
comply with the Americans with Disabilities Act of 1990 (known as the "ADA"). These would include
modifications to the structure, revisions in operations, and supporting communications capabilities
and procedures and changes in functional location and layout.
32. ATTORNEY'S FEES.
In the event that either party seeks to enforce this Contract through attorneys at law, then the
parties agree that each party shall bear its own attorney fees and costs.
33. GOVERNING LAW.
The laws of the State of Florida shall govern this Contract, and any action brought by either
party shall lie in Pinellas County, Florida.
Signatures Appear on the Following Page
Item # 16
[GM 12-1313-064/117603/3] Page 10 of 11
Attachment number 5 \nPage 1
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set
forth above.
Countersigned:
George N. Cretekos
Mayor
Approved as to form:
Laura Lipowski Mahony
Assistant City Attorney
Attest:
I�'itiii► ..FiiT�i
:
Attest:
CITY OF CLEARWATER, FLORIDA
William B. Horne II
City Manager
Rosemarie Call
City Clerk
COMMUNITY DENTAL CLINIC, INC.
:
�'itiii► ..FiiT�
Title:
Item # 16
[GM 12-1313-064/117603/3] Page 11 of 11
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:2/21/2013
Approve the agreement between Phillies Florida LLC and the City of Clearwater Fire and Rescue to provide emergency medical
services at Bright House Field for 2013 baseball events as outlined in the agreement and authorize Fire Chief Robert Weiss to
execute same.
SUMMARY:
The Phillies Florida LLC (Phillies Florida) will enter into an agreement withClearwater Fire and Rescue (CFR) for the provision of
EMS services for the2013 Philadelphia Phillies spring training game; every 2013 Clearwater Threshers game; and for 10 selected
special events designated by Phillies Florida in 2013.
There will be a mutually agreed-upon method of checking in and checking out at each game/event for billing purposes at the rate
established in the agreement. The minimum time for each event will be four hours. Any time spent at the ballpark after those four
hours will be compensated at the hourly rate set forth in the agreement, and checked against the sign out time by the teams at the
ballpark. CFR will provide monthly invoices to Phillies Florida for the services CFR provides pursuant to the letter agreement,
which invoices will be paid within twenry days of receipt.
CFR/the City of Clearwater, to the extent permitted by applicable law, including, but not limited to Section 768.28, Florida
Statutes, shall indemnify, defend and hold harmless Phillies Florida, and others noted in the agreement.
CFR shall maintain insurance coverage of at least the kinds and in at least the amounts specified on the letter dated January 23,
2013 from Linda R Klasing, Risk Manager, City of Clearwater, Florida, to The Phillies.
CFR will document any incidents that may occur during the course of the performance of its obligations hereunder and, subject to
applicable law, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996 (HIl'AA) Privacy
and Security Rules,and use best efforts to get those treated to sign a medical infarmation disclosure farm legally authorizing CFR
to provide copies of such documentation to Phillies Florida upon request.
The term of the letter agreement shall be from the date it is signed through December 31, 2013; either party may terminate as
outlined in the letter agreement.
Review Approval:
Cover Memo
i�:�r�
January 31, 2013
Jay Warren
Ballpark Operations Manager
Clearwater Threshers Baseball Club
Bright House Field
601 N. Old Coachman Road
Clearwater, FL 33765
Attachment number 1 \nPage 1
Re: 2013 Emer�encv Medical Services ("EMS") at Bri�ht House Field
Dear Mr. Warren:
Thank you for taking the time to meet with Chief Riley on January 9, 2013
regarding EMS services. This will confirm the terms and conditions of the agreement between
Phillies Florida LLC ("Phillies Florida") and the City of Clearwater Fire & Rescue ("CFR")
pursuant to which CFR will provide EMS services at Bright House Field for 2013 Philadelphia
Phillies spring training games, the 2013 Clearwater Threshers games and other 2013 special
events:
L CFR shall provide all emergency medical services required by persons
present at Bright House Field, with ambulance transportation to be provided by Sunstar
Paramedics: for every 2013 Philadelphia Phillies spring training game; every 2013 Clearwater
Threshers game; and for 10 selected special events designated by Phillies Florida during 2013.
EMS services shall be performed in a diligent, competent, professional, courteous and caring
manner and to high professional standards for safety and care, by persons who are neatly
groomed and neatly dressed in an appropriate and recognizable uniform and who are each
experienced, professionally qualified and (as and to the extent required by law) duly licensed
and/or certified, all in a manner that complies with all applicable, legal and regulatory
requirements and standards. More specifically, CFR shall provide the following services:
a) Sprin� Trainin� Games
• CFR will provide three, two-person Advance Life Support
("ALS") teams for each game. The teams will report to Bright
House Field at 10:00 am and will stay until dismissed by ballpark
staff.
• The hourly rate to be paid by Phillies Florida to CFR for each
person on these teams will be $31.30 per hour, with no different
pay scale for different employees.
i�:�r�
Attachment number 1 \nPage 2
• CFR will provide an on-site supervisor for each game at no charge.
This person will coordinate EMS services and be in contact with
ballpark staff and security for the entire event.
• CFR will provide an on-site transport capable ambulance at all
games, along with a command vehicle. These units will be
provided at no cost.
b) Clearwater Threshers Games
• CFR will provide one, two-person ALS team for each Clearwater
Threshers game at Bright House Field. They will report at the time
designated by Phillies Florida and will stay until dismissed by
ballpark staff.
• The hourly rate to be paid by Phillies Florida to CFR for each
person on this team will be $31.30 per hour with no different pay
scale for different employees.
• CFR will provide an on-site transport capable ambulance at all
games at no cost to Phillies Florida.
c) Additional Special Events
• CFR will provide one, two-person ALS team for ten special events
to be determined by Phillies Florida.
• The hourly rate to be paid by Phillies Florida to CFR for each
person on this team will be $31.30 per hour, with no different pay
scale for different employees.
• CFR will provide an on-site transport capable ambulance at each
such event at no cost to Phillies Florida.
2. There will be a mutually agreed-upon method of checking in and checking
out at each game/event for billing purposes, although the minimum time for each event will be
four hours. Any time spent at the ballpark after those four hours will be compensated at the
hourly rate set forth above and checked against the sign out time by the teams at the ballpark.
CFR will provide monthly invoices to Phillies Florida for the services CFR provides pursuant to
this letter agreement, which invoices will be paid within twenty days of receipt.
3. In the performance of its services under this letter agreement, CFR will
not differentiate or discriminate on the basis of race, color, national origin, ancestry, religion,
gender, marital status, sexual orientation/identity/preference, age, financial ability or any other
legally protected category and agrees to render treatment and care to all persons in the same
manner in accordance with the same standards as offered to other persons.
[GM12-1801-068/119791/2] 2 Item # 17
Attachment number 1 \nPage 3
4. CFR/the City of Clearwater, to the extent permitted by applicable law,
including, but not limited to Section 768.28, Florida Statutes, shall indemnify, defend and hold
harmless Phillies Florida, The Phillies and each of their respective owners, affiliates, partners,
officers, agents, employees, successors and assigns from and against any and all lawsuits, claims,
damages, demands, suits, proceedings, causes of action, costs and expenses (including, without
limitation, reasonable attorney's fees) caused by the acts or omissions of CFR and/or its
employees, agents or personnel or otherwise arising out of or in connection with the performance
of CFR's obligations pursuant to this letter agreement.
5. CFR shall maintain insurance coverage of at least the kinds and in at least
the amounts specified on the attached letter dated January 23, 2013 from Linda R. Klasing Risk
Manager, City of Clearwater, Florida, to The Phillies (Exhibit "A"). Such insurance shall be
primary and non-contributory. . CFR and/or the City of Clearwater may provide the insurance
required by this section either by obtaining it from a financially responsible admitted insurance
company having an AM. Best rating of A-VII or better or by self-insurance or self-funding.
CFR shall provide a certificate of insurance to Phillies Florida within five days of the date this
letter agreement is signed. CFR/the City of Clearwater shall be responsible to satisfy any
insurance deductible or self-insured retention amount.
6. The term of this letter agreement shall be from the date it is signed through
December 31, 2013. Either party may terminate this letter agreement before the end of the term
by providing the other party with written notice upon any material breach by the other party, so
long as the terminating party provides at least ten business days of advance written notice to the
breaching party specifying the breach and gives the breaching party the opportunity to cure such
breach. Failure to cure said breach within ten (10) days shall result in immediate termination.
7. The relationship of the parties is that of independent contractors and not of
joint venturers, principal and agent or otherwise. None of CFR's personnel shall be deemed to
be an employee of Phillies Florida or The Phillies for any purpose and CFR will be solely
responsible for any withholding social security, workers compensation, use or sales taxes or
other taxes, fees, permits and surcharges imposed by any federal, state or local government in
connection with any of CFR's personnel and/or the performance of CFR's obligations hereunder.
8. CFR will fully and competently document any incidents that may occur
during the course of the performance of its obligations hereunder and, subj ect to applicable law,
including, but not limited to, the Health Insurance Portability and Accountability Act of 1996
(HIPAA) Privacy and Security Rules, use best efforts to get those treated to sign a medical
information disclosure form legally authorizing CFR to provide copies of such documentation to
Phillies Florida upon request.
9. CFR will maintain the confidentiality of any trade secret, proprietary or
confidential information of Phillies Florida or The Phillies to which it may have access.
10. Neither party will be responsible for any failure or performance caused by
force maj eure or other causes not within its reasonable control.
[GM12-1801-068/119791/2] 3 Item # 17
Attachment number 1 \nPage 4
11. Either party may assign its rights or obligations under this letter
agreement, with the other party's written consent, except that Phillies Florida may assign its
rights and obligations under this letter agreement to The Phillies or to any affiliate or to any
successor upon written notice to CFR.
12. This letter agreement contains the entire understanding and agreement of
the parties with respect to its subject matter; shall be governed by Florida law (without regard to
the law of conflicts of law); and may be modified or waived only in a writing signed by the party
to be charged. Any waiver by either party shall not be deemed to be continuing.
By my signature below, I indicate that I am authorized to sign this letter
agreement on behalf of CFR and that CFR intends to be legally bound by the terms and
conditions in this letter agreement. Kindly sign and date two copies of this letter agreement in
the space provided below and return one fully signed copy to me to indicate that you are
authorized to sign this letter agreement on behalf of Phillies Florida and that Phillies Florida
intends to be legally bound by the terms and conditions in this letter agreement.
Very truly yours,
Clearwater Fire & Rescue
I�
AGREED:
Phillies Florida LLC
I�
Jay Warren
Ballpark Operations Manager
Date:
Attachment
Robert Weiss
Fire Chief
[GM12-1801-068/119791/2] 4 Item # 17
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
March 6, 2013 Council Meeting
SUMMARY:
Meeting Date:2/21/2013
The first council meeting in March is scheduled for Wednesday, March 6 due to the U.S. Coast Guard Band Concert at Ruth
Eckerd Hall on Thursday, March 7.
Council moved the Monday, March 4 wark session to Tuesday, March 5 due to a ACPT (Advisory Committee for Pinellas
Transportation) meeting conflict.
Since the scheduled agenda for this meeting is light, staff is recommending a council meeting only on Wednesday, March 6.
Review Approval:
Cover Memo
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