INTERLOCAL AGREEMENT TO RENOVATE AND EXPAND THE CAPITOL THEATRE No. ola
BCC 10-16-12
2:02 P.M. Smitke/BURGESS
#22 Interlocal Agreement with the City of Clearwater accepted; Right-of-Way and Utilities
Easement to the City of Clearwater for the Capitol Theatre Expansion Project granted;
Chairman authorized to sign the Interlocal Agreement and the Clerk to attest (Real Estate
Management/Environment and Infrastructure).
Motion - Commissioner Latvala
Second - Commissioner Seel
In response to queries by Commissioner Roche regarding the City's Responsibilities
section of the Interlocal Agreement, Administrator LaSala indicated that the City of
Clearwater has agreed to complete the modification to the County parking lots in
accordance with all applicable rules and regulations of regulatory authorities with
jurisdiction and in accordance with the construction plans approved by the County.
Vote - 7-0
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BOARD OF
4COUNTY COMM1551ONER5
BOARD OF COUNTY COMMISSIONERS
DATE: October 16, 2012
AGENDA ITEM NO. Z,9,
Consent Agenda ❑ Regular Agenda Dz/ Public Hearing ❑
County Administrator's Signature:` �` v
Subiect:
Accept Interlocal Agreement and Grant the Right of Way and Utilities Easement
Department: Staff Member Responsible:
Real Estate Management Paul S. Sacco, Director
Department of Environment and Infrastructure (DEI) David Scott, Executive Director
Recommended Action:
I RECOMMEND THE BOARD OF COUNTY COMMISSIONERS (BCC) ACCEPT THE INTERLOCAL
AGREEMENT WITH THE CITY OF CLEARWATER AND AUTHORIZE THE CHAIRMAN TO SIGN SAME AND
ALSO AUTHORIZE THE GRANTING OF THE RIGHT OF WAY AND UTILITIES EASEMENT TO THE CITY OF
CLEARWATER FOR THE EXPANSION PROJECT.
Summary Explanation/Background:
The City of Clearwater is planning to renovate and expand the Capitol Theatre located at 403 Cleveland Street in
the downtown business district. The project will impact portions of nearby rights of way and the County-owned DEI
parking lot located at 14 South Fort Harrison Avenue. The City is requesting that the County convey to the City a
portion of the right of way behind the Capitol Theatre that was vacated by the City on October 4, 2012 together with
a non-exclusive right of way and utilities easement over the DEI property for vehicle egress, maintenance and
replacement of an existing sanitary line and existing gas distribution line to be relocated to the easement area.
There are currently parking spaces located in the area the City is requesting the easement over. The Interlocal
Agreement requires the City to complete on-site modifications to the County parking lot that will result in the same
amount of spaces the County currently has. In addition, the City will provide County a License for employees to use
ten (10) designated parking spaces in a portion of City Parking Lot 17, which is located on the southeast corner of
South Fort Harrison Avenue and Court Street.
The Interlocal Agreement outlines and describes the conditions in Ordinance 8363-12 passed by the City of
Clearwater on October 4, 2012 that will impact the County with the planned project expansion.
Pinellas County staff reviewed the property for possible needs and has no objection to the conveyance to the City.
Additionally, Bright House, Knology, Progress Energy Distribution, Progress Energy Transmission, and Verizon,
have all agreed to the release.
The County will convey this property, including the mineral rights, to the City by County Deed.
Florida Statutes, Section 125.38, grants the BCC authority to convey this property directly to municipalities, without
advertisement, when the BCC determines the conveyance will serve public or community interest and welfare.
Revised 07-18-03 Page 1 of 2
Fiscal Impact/Cost/Revenue Summary:
There are no funds involved in this transaction.
Exhibits/Attachments Attached:
Interlocal Agreement
Right of Way and Utilities Easement
Location Map
Contract Review Transmittal
Revised 07-18-03 Page 2 of 2
CATS #_39461_
CONTRACT REVIEW TRANSMITTAL SLIP
PROJECT: ...City of Clearwater Capitol Theatre Expansion..................
ESTIMATED EXPENDITURE/REVENUE:
TYPE: Interlocal and ROW & Utilities Easement $ ...0.00.............................
(Circle appropriate choice above.)
In accordance with the policy guide for Contract Administration, the attached documents are submitted for your review
and suggested comments and/or changes.
• To assist other reviewers in this process,please mark your comments and/or suggested changes directly upon
the document itself in RED INK
• So that we can correctly identify which,arc your comments on this form,please indicate the page numbers that
correspond to your suggested changes and/or comments.
Upon completion of your review,please complete the Contract Review Transmittal Slip below and call
464-3672 at so that it can be picked up and taken to the next Review Authority on the list.
Comments
Review Review Review Corres. Pg. Included/Addressed
Authority Date Signature #'s to Document Initial& Date
Real Property Div. /0
(David DelMonte)
Real Est. M g mt.
(Paul Sacco)
DEI ptuu-ec, 6W (.PrlS
(Jorge Quintas) I
DEI t�(�' A�101'0 y ec� V1tirs
(David Scott)
Risk Mgmt.
(Virginia Holscher)
Legal 1.61-31 12— t'1. ;i �` 5
(Michael Zas)
County Admin. D �L
(Mark Woodard)
Please return to Real Estate Management Department, Real Property Division by ,2012
All inquiries should be made to at telephone extension or 4-3672.
CATS #_39461_
CONTRACT REVIEW TRANSMITTAL SLIP
PROJECT: ...City of Clearwater Capitol Theatre Expansion..................
ESTIMATED EXPENDITURE/REVENUE:
TYPE: Interlocal Agreement ........................ $ ...0.00.............................
(Circle appropriate choice above.)
In accordance with the policy guide for Contract Administration, the attached documents are submitted for your review
and suggested comments and/or changes.
• To assist other reviewers in this process,please mark your comments and/or suggested changes directly upon
the document itself in RED INK.
• So that we can correctly identify which are your comments on this form,please indicate the page numbers that
correspond to your suggested changes and/or comments.
Upon completion of your review,please complete the Contract Review Transmittal Slip below and call
464-3672 at so that it can be picked up and taken to the next Review Authority on the list.
Comments
Review Review Review Corres.Pg. Included/Addressed
Authori Date Si nature #'s to Document Initial& Date
Real Property Div. --j-2 -12
(David DelMonte)
Real Est. Mgmt.
(Paul Sacco)
DEI 21 l2
(Jorge Quintas)
Risk Mgmt. q
(Virginia Holscher)
Legal
(Michael Zas)
County Admin.
(Mark Woodard)
Please return to Real Estate Management Department, Real Property Division by ,2012
All inquiries should be made to at telephone extension or 4-3672.
Interlocal Agreement
This agreement made and entered into this 16th day of October 2012, by
and between the City of Clearwater, a municipal corporation of the State of Florida, hereinafter
referred to as the "CITY" and Pinellas County, a political subdivision of the State of Florida,
hereinafter referred to as the "COUNTY".
WITNESSETH:
WHEREAS, the Capitol Theatre located on City-owned property addressed at 403
Cleveland Street, Clearwater, Florida, is an integral component to Clearwater's downtown
business district and plays a critical role in the economic health and future improvement of the
Cleveland Street corridor; and
WHEREAS, the City is planning a project (Project) to renovate and expand the Capitol
Theatre; and
WHEREAS, the Project will impact portions of nearby rights-of-way and nearby County-
owned property currently used for County employee parking; and
WHEREAS, the City has passed and adopted Ordinance 8363-12 (Ordinance), vacating
certain portions of right-of-way subject to certain conditions contained therein; and
WHEREAS, conditions in the Ordinance potentially impacting the County are further
described herein and the Ordinance is subject to the performance and satisfaction of said
conditions; and
WHEREAS, the City has requested that the County coordinate with the City on the
transfer of real estate interests and the modification to County property, currently used for
parking, as may be necessary to facilitate the Project.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, it is agreed by the parties hereto as follows:
1. PURPOSE
The purpose of this Interlocal Agreement is that the City and the County coordinate to
provide for the City's administration of the Project. And by approval of this Agreement,
City's council authorizes City staff to execute and administer all agreements necessary in the
administration of this Project and under this Agreement.
2. RIGHT-OF-WAY VACATIONS
Portions of right-of-way described in Exhibit"A" (Alley A) and Exhibit "B" (Alley B)
attached hereto and by this reference, incorporated herein,have been vacated by the
passage and adoption of Ordinance 8363-12 by the City Council.
3. COUNTY RESPONSIBILITIES
The County agrees to:
1
a. Convey a non-exclusive easement to the City, subject to the County's reversionary
interest applicable in the event the City does not move forward with the Project herein,
over the property described in Exhibit "C," which is adjacent to County land that will be
conveyed to the City, attached hereto and by this reference, incorporated herein, for use
of said property as a public right-of-way under the jurisdiction of the City of Clearwater
and for use as a utility corridor for public and private utilities. Any costs of relocation for
City or private utility providers' facilities shall be at the City's sole expense.
b. Convey any and all interest, right and title to that certain property described in Exhibit
"D" attached hereto and by this reference, incorporated herein, via County deed subject
to County's reversionary interest applicable in the event the City does not move forward
with the Project herein.
c. The City's retention of an existing utility easement over Alley B providing for the City's
continued use, maintenance and replacement of an existing sanitary line and existing gas
distribution line.
d. The City's retention of an existing utility easement over Alley B providing for Florida
Power Corporation d/b/a Progress Energy, Inc. and Knology Broadband of Florida, Inc.
to retain rights to utilize said property as a utility corridor as each entity has enjoyed
immediately prior to the adoption of the Ordinance.
e. The County will participate in the development review process as it relates to approval of
construction plans for the modification of the County's parking lots, which are impacted
by the City's project as further described herein. The County shall promptly respond to
the City's questions, and the County shall not unreasonably withhold its approval during
the aforementioned development review process.
4. CITY'S RESPONSIBILITIES
The City agrees to:
a. Construct improvements to the Capitol Theatre and to the County's parking lots,
including any impacted portions of vacated rights-of-way, ensuring that the County will
remain with the same number of on-site parking spaces as prior to the City's Project, in
accordance with all applicable rules and regulations of regulatory authorities with
jurisdiction.
b. The City retains a utility easement as referenced in sections 3(c) and (d) above for the
continued use, maintenance, repair and replacement of existing utility infrastructure by
the City of Clearwater, Progress Energy, and Knology over the property depicted in
Exhibit "B." Any costs incurred in relocating and/or restoring such utility infrastructure
located under the easement retained by the City depicted in Exhibit "B" shall be at each
respective utility owner's expense and will survive the term of this agreement. The
County shall not, at any time, be responsible for any costs associated with the use of this
easement as a utility corridor by the City, Progress Energy or Knology.
c. The City shall not procure the services of a contractor for the Project until first receiving
written approval by the County of the construction plans and specifications for the
proposed work.
d. Complete the modification to the County parking lots in accordance with all applicable
rules and regulations of regulatory authorities with jurisdiction and in accordance with
construction plans approved by the County. As a result of the City's Project,parking lot
modifications must include an asphalt overlay of the entire County parking lot, excluding
the area of existing brick pavers, prior to any restriping of parking spaces.
2
e. Provide temporary parking for County employees at the City Hall parking lot located at
112 S. Osceola Avenue, only under the following circumstances, and the City shall
provide to the County, at no cost, the number of parking spaces displaced by the City
Project for the duration of said displacement:
i. When the reconstruction/modification to the impacted County parking lot
is disturbed due to the City's Project.
ii. When, from time to time, Alley B is disturbed due to utility work. This
condition shall survive the term hereof and is revocable by either party
without cause upon thirty (30) days notice to the other party.
f. Provide the County a license for its employees to use, Monday through Friday from 8am-
6pm, excluding Federal Holidays, ten (10) designated parking spaces located in a portion
of City Parking Lot 17, which is located on the southeast corner of South Fort Harrison
Avenue and Court Street. The License shall survive the term of this agreement, so long as
the termination clauses within the License are not exercised.
5. TERM
The term of this Agreement shall be for a period of eighteen(18) months, commencing on
the Effective Date. This term may be extended with written request from the City and
written approval from the County's Director of Real Estate Management. Obligations under
this Agreement, which by their nature should survive, including, but not limited to any and
all obligations relating to record retention, parking indemnification, maintenance and
operation, temporary parking due to utility work displacement, and easements will remain in
effect after termination or expiration of this Agreement.
6. INDEMNIFICATION
The County and City agree to be fully responsible for their own acts of negligence, or their
respective agents' acts of negligence when acting within the scope of their employment,
and agree to be liable for any damages resulting from said negligence only to the extent
permitted by Section 768.28, Florida Statutes. In the event the City procures consultants or
subcontractors for the performance of any service herein, the City shall have that
consultant/contractor name Pinellas County as an additional insured. Nothing herein is
intended to nor shall it be construed as a waiver of any immunity from or limitation from
liability that the County and City are entitled to under the doctrine of sovereign immunity
(Section 768.28, Florida Statutes). Nothing herein shall be construed as consent by the
County or City to be sued by third parties in any manner arising out of this Agreement.
7. OFFICIAL NOTICE,
All notices required by law and by this Agreement to be given by one (1)party to the other
shall be in writing and shall be sent to the following respective addresses:
COUNTY: Pinellas County Department of Real Estate Management
Attn: Real Property Division
509 East Ave.
Clearwater, FL 33756
Telephone: (727)464-3496
CITY: City of Clearwater
Rod Irwin, Asst. City Mgr. for Econ. Development
P.O. Box 4748
3
Clearwater, FL 33758-4748
Telephone: (727) 562-4040
8. ASSIGNMENTS
Neither the County, nor the City shall assign the responsibility of this Agreement to
another party, without prior written approval of the other party.
9. AMENDMENTS
No amendments to this Agreement may be made without prior written approval of the
parties.
10. GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement, and appropriate venue shall be
Pinellas County, Florida.
11. SEVERABILITY
The terms and conditions of the Agreement shall be deemed to be severable. Consequently,
if any clause, term, or condition hereof shall be held to be illegal or void, such determination
shall not affect the validity or legality of the remaining terms and conditions, and
notwithstanding any such determination, this Agreement shall continue in full force and
effect, unless the particular clause, term, or condition held to be illegal or void renders the
balance of the Agreement impossible to perform.
12. ENTIRE AGREEMENT
This document embodies the whole agreement of the parties. There are no promises, terms,
conditions, or allegations other than those contained herein and this document shall
supersede all previous communications, representations, and/or agreement, whether written
or verbal, between the parties hereto. This Agreement may be modified only in writing
executed by all parties.
13. EFFECTIVE DATE
This Agreement shall be effective upon execution by both parties and upon filing of the
Agreement with the Pinellas County Clerk of the Circuit Court.
4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on
the day and year first written above.
CITY OF CLEARWATER, FLORIDA
Countersigned:
By:
George N. Cr tekos William B. Horne II
Mayor City Manager
OF THE
App oved as to Attest: C/�►�
Camilo o Rosemarie Call
Assistant City Attorney City Clerk
ATTEST: en Burke PINELLAS COUNTY, FLORIDA
Clerk of ircuit Court By and throu its oard of County Commissioners
By: ea�> BY:
Print Name` �q,",t Print a e: � V/t" )
Print Title: Mm, ,�^, r� �' Print Title: N PA I;S)o J A
(SEAL)
APPROVED AS TO FORM
OFFCE OF COUNTY ATTORNEY
Attorney
5
Scale I" = JO" EXHIBIT "A"
This is not c survey NORTH
Cleveland Street
78'Right-of-Way
IJ.R. Davey
I Et. Al.
Resubdivision
I Hillsborough
Plat Book 1,
Page 81
7 6 S
N
B L O C K "B"
v
48' 41.34' South Right-of Way
17'Alley
89.34'
I
I 8
Legal Description: 1114 1-L
1 T Alley Way Vacation described as follows:
The portion of the 17'alley lying South of Lot 7, and the west 41.34'of Lot 6, Block B, properties described
in the plat titled "J.R. DAVEY,ET. AL. RESUBDIVISION" located in Plat Book 1, Page 87 of the Public
Records ofHillsborough County, FL, of which Pinellas County was formerly a part.
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
DRAW BY DM Na
L Cheek W-2012-0&"
_ D1c«m BY LEGAL SKETCH SHM
TNOM L MAH Y DALE ED T. Mahony 7• ALLEY WAY VACATION 1 OF a
PROFESSIONAL SURVEYOR IX MA DATE gCT-TB9V-A16
LICENSE NUMBER 621ts 6/29/2012 ® THE CAPITOL THEATRE 16/29S/15E
STATE OF FLORIDA'S ..
.Scale > » = 60' EXHIBIT " B "
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17'A Hey 28' 17'Alley
8 23
9 h ° 22
John R. Davey
4' Et. AL o Resubdivision o
x 10 21 z
°c I Block
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20
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12 19
Legal Description:
28'Alley Vacation described as follows:
The 28' alley lying West of Lots 21, 22 and 23 of Block B,properties described in the plat titled
"JOHN R. DAVEY, ET. AL. RESUBDIVISION" located in Plat Book 1, Page 87 of the Public Records of
Hillsborough County, FL, of which Pinellas County was formerly a part. 1 y -
DaW
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
L"�ek LEGAL SKETCH Lg,_2012-18
aHca®er 28' ALLEY WAY VACATION sHm
T. Mahony ® 14 S FORT HARRISON AVE z OF 4
wre sca-nRV-aw
8/20/2012 16/29S/15E
sco% I" = 60' EXHIBIT " C "
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159.9' 17'A Hey
I
North 12'of Lot 8, 8 23
Block"B"
I I I I N
9 I$ 22 S
John R. Davey
s
Et. AL Resubdivision o
10 0l 21
Block I I "B..
20 �
I
I
12 19
Legal Description:
12' Right-of-Way Easement described as follows:
The North 12' of Lot 8 of Block B, a property described in the plat titled "JOHN R. DAVEY, ET.AL.
RESUBDIVISION" located in Plat Book 1,Page 87 of the Public Records of Hillsborough County,FL,
of which Pinellas County was formerly a part.
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
L. Cheeek LEGAL SKETCH Lgi2012_19
occKM BY 12' RIGHT—OF—WAY s¢r
T. Mahony AND UTILITIES EASEMENT 3 OF 4
WE xcr-,rrsr-a,s
6/21/2012 0 14 S FORT HARRISON AVE 16/29s/15E
Scoie I " = 30' EXHIBIT " D " ,rr�
This is not a survey NORTH
Cleveland Street
78'Right-of-Way
-F J.R. Davey
I Et. AL
Resubdivision
Hillsborough
Plat Book 1,
Page 87
7 6 5
N
B L O C K "B"
0
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0 48' 41.34' s��,rh a;stir-�,fw�y
North 8.5'of the Vacated Alley
1TA hey
89.34'
8.5'
I
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Legal Description:
The South 8.5'of the vacated 17' alley lying South of Lot 7, and the west 41.34'of Lot 6,Block B,
properties described in the plat titled "J.R. DAVEY, ET.AL. RESUBDIVISION" located in Plat Book 1,
Page 87 of the Public Records of lillsborough County, FL, of which Pinellas County was formerly a part.
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
S6 C �"C,eek LEGAL SKETCH �9i_2012-20
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1. Ma—y FROM PINELLAS COUNTY TO 4 OF 4
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