12/02/2013
WORK SESSION AGENDA
Council Chambers - City Hall
12/2/2013 - 1:00 PM
1. Economic Development and Housing
1.1Approve an economic development ad valorem tax exemption of 75% of the increase in real and tangible
personal property taxes for a period of 10 years for Instrument Transformers, Inc. beginning in Tax Year
2014 through Tax Year 2023; and pass Ordinance 8524-13 on first reading.
Attachments
1.2Amend the Clearwater Code of Ordinances, Chapter 29, Article III, Public Service Tax, Section 29.76,
Exemptions, for the purpose of providing incentives for businesses to relocate to, or expand within the
City, providing for an exemption of Public Service Taxes on a decreasing graduated basis for a period of
five years, for the purchase of electricity or metered natural gas, when purchased by certain industrial
customers within the NAICS code number 33441 in accordance with Florida Statute 166.231(6) and pass
Ordinance 8508-13 on first reading.
Attachments
2. Gas System
2.1Approve a facility encroachment agreement with CSX Transportation, Inc to install a natural gas main at
the Betty Lane railroad crossing, and authorize the appropriate officials to execute same. (consent)
Attachments
3. Human Resources
3.1Approve the Amendment to the City of Clearwater Cafeteria Plan document to provide for the allowance
of the carryover of up to $500 in health Flexible Spending Arrangement account funds in accordance with
United States Department of Treasury and IRS guidelines issued on October 31, 2013 and authorize the
appropriate officials to execute same. (consent)
Attachments
3.2Approve the renewal of the agreement as modified between the City and MHNet for employee and retiree
Employee Assistance Program and Mental Health/Chemical Dependency benefits, from January 1, 2014
to December 31, 2014, and authorize the appropriate officials to execute same. (consent)
Attachments
3.3Approve the settlement agreement and release between Michael Faulkner and the City of Clearwater in
the amount of $37,500.00 (consent)
Attachments
4. Parks and Recreation
4.1Approve an amendment between American Healthways Services, Inc. (Healthways) and the City of
Clearwater (City), allowing the City to be a provider of fitness services and benefits for eligible Medicare
Members known as the SilverSneakers Program at the Henry L. McMullen Tennis Complex, 1000
Edenville Avenue, Clearwater, FL and authorize the appropriate officials to execute same. (consent)
Attachments
4.2Approve 2.1 Full Time Equivalent (FTE) beach lifeguard positions to provide additional coverage at
Clearwater’s public beaches from March 1 to Labor Day and approve funding for these positions to come
from parking revenue at first quarter. (consent)
Attachments
4.3Ratify and confirm the City Manager’s approval of a Customs Power of Attorney (POA), authorizing Lisa
Ragan Customs Brokerage to accept merchandise purchased by the City from Chongqing Arlau Civic
Equipment Manufacturing Co., Ltd (Arlau), Chongqing, China; and approve the City Manager and/or his
designee be allowed to sign off on any future customs POA’s if they should arise in the future. (consent)
Attachments
4.4Approve the grant agreement between the City of Clearwater and the State of Florida, Department of
State, Division of Cultural Affairs (FDCA) for the Cultural Facilities Grant in the amount of $1,000,000
for the renovation of the Capitol Theatre, including the filing of a Restrictive Covenant on the Capitol
Theatre property requiring that the facility be used as a cultural facility for ten years from the effective
date of the grant agreement and authorize the appropriate officials to execute same. (consent)
Attachments
4.5Approve second amendment to the Capitol Theatre Operating Agreement (CTOA) between the City of
Clearwater (City) and Ruth Eckerd Hall, Inc. (REH); amending the Capitol Improvement Program by
transferring $500,000 of Penny Funds from Fiscal Year 2014/15, Ruth Eckerd Hall, to the Capitol Theatre
budget (CIP 315-93623); and authorize the appropriate officials to execute same.
Attachments
5. Police
5.1Approve renewal of a License Agreement between the City of Clearwater, referred to as the Licensor, and
the United States Coast Guard Auxiliary Flotilla 11-1, referred to as the Licensee, to utilize space located
at 645 Pierce Street on an intermittent basis for the period January 1, 2014 through June 30, 2014, and
authorize the appropriate officials to execute same. (consent)
Attachments
6. Engineering
6.1Approve the conveyance of three Distribution Easements to be granted to Duke Energy for the installation
of electrical facilities within three separate city construction projects, to be executed and recorded at such
time as the as-built locations of such facilities are available; and authorize the appropriate officials to
execute same. (consent)
Attachments
6.2Approve selection of Ajax Building Corporation of Oldsmar, FL as the Construction Manager at Risk
(CM at Risk) for the proposed Countryside Branch Library project (11-0059-LI). (consent)
Attachments
7. Planning
7.1Continue Development Agreement between Mainstream Partners VIII, LTD (the property owner) and the
City of Clearwater, providing for the allocation of 100 units from the Hotel Density Reserve to an
undetermined date. (HDA2013-08004)
Attachments
8. Legal
8.1Authorize additional funding in the amount of $160,000 for representation of the City by Smolker,
Bartlett, Schlosser, Loeb and Hinds in the matter of Bair v. City of Clearwater. (consent)
Attachments
8.2Adopt Ordinance 8485-13 on second reading, annexing certain real property whose post office address is
1247 Union Street into the corporate limits of the city and redefining the boundary lines of the city to
include said addition.
Attachments
8.3Adopt Ordinance 8486-13 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 1247 Union Street, upon annexation into the City of Clearwater, as Residential Urban (RU).
Attachments
8.4Adopt Ordinance 8487-13 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 1247 Union Street, upon annexation into the City of Clearwater,
as Low Medium Density Residential (LMDR).
Attachments
8.5Adopt Ordinance 8488-13 on second reading, annexing certain real property whose post office address is
1501 Laurel Drive into the corporate limits of the city and redefining the boundary lines of the city to
include said addition.
Attachments
8.6Adopt Ordinance 8489-13 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 1501 Laurel Drive, upon annexation into the City of Clearwater, as Residential Low (RL).
Attachments
8.7Adopt Ordinance 8490-13 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 1501 Laurel Drive, upon annexation into the City of Clearwater,
as Low Medium Density Residential (LMDR).
Attachments
8.8Adopt Ordinance 8491-13 on second reading, annexing certain real property whose post office address is
1248 Sunset Point Road, together with the Right-of-Way of Chenango Avenue abutting the subject
property, into the corporate limits of the city and redefining the boundary lines of the city to include said
addition.
Attachments
8.9Adopt Ordinance 8492-13 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 1248 Sunset Point Road, together with the Right-of-Way of Chenango Avenue abutting the
subject property, upon annexation into the City of Clearwater, as Residential Urban (RU).
Attachments
8.10Adopt Ordinance 8493-13 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 1248 Sunset Point Road, together with the Right-of-Way of
Chenango Avenue abutting the subject property, upon annexation into the City of Clearwater, as Medium
Density Residential (MDR).
Attachments
8.11Adopt Ordinance 8494-13 on second reading, annexing certain real property whose post office address is
2854 Sunstream Lane into the corporate limits of the city and redefining the boundary lines of the city to
include said addition.
Attachments
8.12Adopt Ordinance 8495-13 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 2854 Sunstream Lane, upon annexation into the City of Clearwater, as Residential Low (RL)
and Preservation (P).
Attachments
8.13Adopt Ordinance 8496-13 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 2854 Sunstream Lane, upon annexation into the City of
Clearwater, as Low Density Residential (LDR) and Preservation (P).
Attachments
8.14Adopt Ordinance 8498-13 on second reading, amending the Community Development Code to revise a
footnote in the use of tables for the Tourist District.
Attachments
8.15Adopt Ordinance 8499-13 on second reading, annexing certain real property whose post office address is
1962 Chenango Avenue into the corporate limits of the city and redefining the boundary lines of the city
to include said addition.
Attachments
8.16Adopt Ordinance 8500-13 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 1962 Chenango Avenue, upon annexation into the City of Clearwater, as Residential Urban
(RU).
Attachments
8.17Adopt Ordinance 8501-13 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 1962 Chenango Avenue, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
Attachments
8.18Adopt Ordinance 8502-13 on second reading, annexing certain real property whose post office address is
1222 Palm Street into the corporate limits of the city and redefining the boundary lines of the city to
include said addition.
Attachments
8.19Adopt Ordinance 8503-13 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 1222 Palm Street, upon annexation into the City of Clearwater, as Residential Urban (RU).
Attachments
8.20Adopt Ordinance 8504-13 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 1222 Palm Street, upon annexation into the City of Clearwater,
as Low Medium Density Residential (LMDR).
Attachments
8.21Adopt Ordinance 8505-13 on second reading, annexing certain real property whose post office address is
1946 Chenango Avenue, together with the North 30 feet of vacated State Street abutting Lot 22 into the
corporate limits of the city and redefining the boundary lines of the city to include said addition.
Attachments
8.22Adopt Ordinance 8506-13 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 1946 Chenango Avenue, together with the North 30 feet of vacated State Street abutting Lot 22,
upon annexation into the City of Clearwater, as Residential Urban (RU).
Attachments
8.23Adopt Ordinance 8507-13 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 1946 Chenango Avenue, together with the North 30 feet of
vacated State Street abutting Lot 22, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
Attachments
8.24Adopt Ordinance 8509-13 on second reading, amending Section 2.447, Clearwater Code of Ordinances,
regarding the Firefighters’ Supplemental Pension Plan allocations.
Attachments
8.25Adopt Ordinance 8525-13 on second reading, adopting a new City Seal.
Attachments
8.26Adopt Ordinance 8526-13 on second reading, amending Section 2.474(1), Clearwater Code of Ordinances
regarding the Police Supplemental Pension Plan allocations.
Attachments
9. City Manager Verbal Reports
9.1City Manager Verbal Reports
Attachments
10. Council Discussion Items
10.1Council discussion of City Manager and City Attorney salary increases.
Attachments
10.2MPO Long Range Transportation Plan Development Process - Councilmember Hock-DiPolito
Attachments
11. Closing Comments by Mayor
12. Adjourn
13. Presentation(s) for Council Meeting
13.1Super Boat Presentation
Attachments
13.2Turkey Trot Presentation
Attachments
13.3Resolution of Appreciation to Mike Deegan, Clearwater Gas System Gas Program Coordinator - Bert
Kalisch, President and CEO of the American Public Gas Association (APGA)
Attachments
13.4Annual Utilities We Care Fund Appeal - John Scott, Customer Service
Attachments
13.5Greenwood Panthers Update
Attachments
13.6Lifeguard Towers - Bill Fisher, President of Fisher and Associates Architects, LLC. (CMO)
Attachments
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Approve an economic development ad valorem tax exemption of 75% of the increase in real and tangible personal property taxes for a
period of 10 years for Instrument Transformers, Inc. beginning in Tax Year 2014 through Tax Year 2023; and pass Ordinance 8524-13
on first reading.
SUMMARY:
Instrument Transformers, Inc. (ITI), a subsidiary of General Electric Company (GE), has been in Clearwater
for 38 years. The company is currently located at 1907 Calumet St in Clearwater (also known as 1925
Calumet Street, Clearwater) and is 190,700 SF on 17.44 acres and employs 436.
The company proposes an expansion of the facility to create a manufacturing Center of Excellence for GE.
They are creating 263 new jobs (143 of these new jobs will, on average, pay at least $41,810, which is
100% of the Pinellas County Average Annual Wage as published by Enterprise Florida, Inc. on January 1,
2013).
Company is proposing +/- 208,000 SF new construction and $49,000,000 in capital investment that includes
$20.6 M in Machinery and Equipment, $26.7 M in Construction, and $1.7 M in land acquisition (which will be
annexed into the City at a future date). The site plan was approved by the Community Development Board
on October 15, 2013.
Authorization to Negotiate
On August 14, 2013, City Council approved Resolution 13-21 providing authorization for the Economic
Development Director to negotiate possible incentives including tax refunds and exemptions, and cash and
non-cash incentives as an inducement to expand Project Banner’s operations in the City of Clearwater.
(Project Banner is the alias name given to the project in accordance with FS s.288.075 regarding request for
confidentiality.)
The resolution required that such incentives offered to and negotiated with Project Banner must yield an
estimated payback period of no greater than 7 years with an estimated rate of return of no less than 10% as
determined by economic impact analysis using Total Impact modeling by Impact Data Source. The
resolution also states the maximum cash and value of non-cash incentives is not to exceed the value of the
road improvements, fees, concessions, rebates, exemptions, waivers refunds and reductions. Further, any
agreement reached under this resolution must be brought back before the City Council for final
consideration.
An Opinion Letter was transmitted to the company on September 6, 2013, and offered the following
incentives: The Qualified Target Industry (QTI) Local Match (approved by Resolution 13-18 on August 14,
2013), cash and non-cash value of the certain proposed incentives, ED AVTE, and public service utility tax
exemption (as proposed in Ordinance 8504-13). The offer was accepted as presented.
On November 1, 2013, Economic Development and Housing received a complete and eligible Economic
Development Ad Valorem Tax Exemption (ED AVTE) application and attachment form DR-418 from
Instrument Transformers, Inc. requesting exemption of 75% for a period of 10 years. In accordance with
Chapter 29, Article VII of the City’s Code of Ordinances, applicants may request an exemption on the
Cover Memo
Item # 1
increase in real and tangible personal property taxes (excluding land) which result from the company’s
expansion of its Clearwater facility. Per the City’s process, the application attachment (DR-418) was
submitted to the Pinellas County Property Appraiser’s office for review. Staff received the completed
Appraiser’s report on November 8, which included the following:
The company meets the definition of Expanding of an Existing Business as defined by FS 196.012(16)
Estimate of taxable value lost to the City if the exemption is applied for is granted:
-Real Property $21,360,000
-Tangible Personal Property $16,480,000
Estimate of the revenue lost to the City during the current fiscal year if the exemption requested would
otherwise be subject to taxation:
-Revenue lost $195,065 [Calculation: ($21,360,000 + $16,480,000) x $.0051550 = $195,065]
Ordinance 8524-13 Overview
This Ordinance provides ED AVTE of 75% for 10 years for Tax Year 2014 through Tax Year 2023. Staff
recommends this maximum ED AVTE based on the following:
1) The project exceeds minimum thresholds:
o Job creation threshold minimum for Manufacturing is 10 jobs
-The project will create 263 new jobs
o Pinellas County Average Annual Wage threshold is $41,810 (for applications received in 2013)
-143 new jobs will meet the requirement
o Minimum Capital Investment required is $100,000
-The project budget is +/-$49,000,000
o >50% of goods sold outside Tampa – St. Pete – Clearwater MSA
-99.75% of locally produced goods are sold outside the MSA
2) Additionally, the company is committed to:
o Producing an innovative line of products
o Local procurement and will strive to incorporate as many qualified local and small business firms as
appropriate
o Local hiring and will work with WorkNet Pinellas and local staffing agencies
o Environmental sustainability and has been recipient of GE’s eCO2 award for exemplary progress
toward meeting Corporate environmental goals.
3) An impact analysis of the company’s project proposal shows a significant net positive contribution to
the local economy:
Economic Impact:
o Permanent ITI jobs to be created: 263 jobs
o Additional indirect and induced jobs (spin off): 185 jobs
o Salaries to be paid to ITI workers: $98.8M
o Total economic impact (Pinellas County over 10 years) $229.4M
Fiscal Impact (over 10 yrs):
o Present Value of Net Benefits to City: $1,542,096
Incentives Analysis (Based on Cash and Non-Cash Incentives):
Cover Memo
Item # 1
o Rate of Return: 41.9% ROR
o Payback Period: 2.1 years
Business Maintenance and Continued Performance Agreement Overview
All businesses approved for ED AVTE must execute a Business Maintenance and Continued Performance
Agreement which establishes the in effect during the term of the Exemption (10 yrs).
Performance measures including job creation, wage verification and evidence of capital investment
including purchases of machinery and equipment and construction of the expanded facility are elements of
the agreement. The Company is also required to submit an annual report for staff verification of
maintenance and performance requirements and includes conditions for Council revocation should the
Company fail to meet the obligations of the agreement.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk
Cover Memo
Item # 1
BUSINESS MAINTENANCE & CONTINUED
PERFORMANCE AGREEMENT
FOR USE BY APPLICANTS APPLYING IN THE
Mail to:
City of Clearwater
Attn: Economic Development Director
112 S. Osceola Ave
Clearwater, FL 33756
Attachment number 1 \nPage 1 of 8
Item # 1
[GM13-9216-033/138606/1] 1
BUSINESS MAINTENANCE AND CONTINUED PERFORMANCE AGREEMENT
THIS AGREEMENT is entered into this ______day of ________ 2013 by and between
City of Clearwater, Florida, a municipal corporation of the State of Florida (the “City”) whose
mailing address is 112 South Osceola Avenue, Clearwater, Florida 33756 and Instrument
Transformers, Inc. (“the Company”), a Florida corporation, 1925 Calumet Street, Clearwater,
Florida 33765 whose mailing address is 1907 Calumet Street, Clearwater, Florida 33765.
WITNESSETH
WHEREAS, Article VII, Section 3, of the Constitution of the State of Florida and
Section 196.1995, Florida Statutes, provide that the City may grant Economic Development Ad
Valorem Tax Exemptions (EDAVTE) to New Businesses and Expansions of Existing
Businesses, as defined in Section 196.012 (15)(16), Florida Statutes, by ordinance provided that
the electors of the City, voting on the question in a referendum, authorize the City to adopt
such ordinances; and
WHEREAS, On November 6, 2012, City of Clearwater voters approved the
referendum, authorizing the City Council of the City of Clearwater (the “Council ”) to grant
EDAVTEs pursuant to state law; and
WHEREAS, the Council recognizes that it is a function of local government to promote
economic development within its jurisdiction by providing financial incentives to encourage new
businesses to relocate within its jurisdiction and existing businesses to expand creating
employment opportunities and the utilization of local resources that will benefit the entire
community; and
WHEREAS, Chapter 29, Article VII of the Code of Ordinances City of Clearwater
(the “Code”) sets forth the process and procedures for implementing the EDAVTE program;
and,
WHEREAS, Pursuant to Section 29.204 of the Code, Instrument Transformers, Inc.
submitted an application to the City requesting an EDAVTE for seventy-five percent (75%) of
the assessed value of the qualifying improvements to real property and qualifying tangible
personal property specified in its application for a period of ten (10) years, commencing with
Tax Year 2014 (“the Company Application”); and,
WHEREAS, on December 19, 2013, in recognition of the economic stimulus Instrument
Transformers, Inc. would provide to the community if it expanded its business, invested
approximately forty-nine million dollars ($49,000,000.00), and added 143 new jobs in the City
paying an average annual wage of at least forty-two thousand dollars ($42,000), the Council
authorized an EDAVTE of seventy-five percent (75%) of the assessed value of the net increase
in qualifying improvements to real property and qualifying tangible personal property as set forth
in the Company Application, to facilitate the expansion of its business (“Instrument
Attachment number 1 \nPage 2 of 8
Item # 1
[GM13-9216-033/138606/1] 2
Transformers, Inc. Ad Valorem Tax Exemption”) for a period of ten (10) tax years, commencing
with Tax Year 2014 through Tax Year 2023; and,
WHEREAS, Pursuant to Ordinance No. 8436-13, Instrument Transformers, Inc. agrees
to satisfy the continued performance conditions set forth in the Company Application.
NOW THEREFORE, in consideration of the mutual covenants herein contained and other
good and valuable consideration, hereby acknowledged by the parties, Instrument Transformers,
Inc. and City agree as follows:
1. Incorporation. The recitals set forth above are incorporated herein in their
entirety.
2. Ad Valorem Tax Exemption. Pursuan t to Ordinance No . 8524-13, City
shall provide an EDAVTE of seventy-five percent (75%) of the assessed value
of the net increase in qualifying improvements to real property and qualifying
tangible personal property as set forth in the Company Application to facilitate the
expansion of its business (“Instrument Transformers, Inc., Ad Valorem Tax
Exemption”) for a period of ten (10) tax years, commencing with Tax Year 2014
through Tax Year 2023.
3. Business Maintenance and Continued Performance Conditions Requirement.
Pursuant to Ordinance No. 8436-13, Instrument Transformers, Inc. shall enter into
an agreement with the City satisfying the Business Maintenance and Continued
Performance Conditions as set forth in the Company Application as follows:
a. Commencement of Operations:
i. Instrument Transformers, Inc. currently conducts business at 1907
Calumet Street, Clearwater, Florida 33765, also known as 1925
Calumet Street, Clearwater, Florida 33765.
b. Annual Report:
i. Evidence of satisfaction of information in the Company
Application dated November 4, 2013, and the Attachment Form
DR-418 must be provided in the Annual Report to the Economic
Development and Housing Department on or before March 1st of
each year for which the Exemption is granted. The Company shall
also timely comply with all filings required pursuant to F.S.
s.196.011.
c. Real Property Project Description:
i. Instrument Transformers, Inc. shall add approximately 208,000
square feet of new construction with some demolition of an
existing facility which will yield net new construction of
approximately 180,000 square feet with an anticipated date of
completion of March 2015;
Attachment number 1 \nPage 3 of 8
Item # 1
[GM13-9216-033/138606/1] 3
d. Tangible Personal Property and Real Property Capital Investment:
i. Instrument Transformers, Inc. shall purchase new manufacturing
machinery and equipment. The anticipated date of purchase is in
the calendar year 2014. The estimated budget amount is $20.6
million;
ii. Instrument Transformers, Inc. will expand and construct its
building facility between January, 2014, and March, 2015, with
$26.7 million estimated construction budget;
iii. Together, Instrument Transformers, Inc. shall invest approximately
$47.3 million in capital, excluding land acquisition, as part of its
expansion;
e. New Jobs:
i. Instrument Transformers, Inc. represents that as of November 4,
2013, the company employs 436 current full-time employees at its
City of Clearwater facility and shall create 143 new jobs The
Company will add 13 jobs by December 31, 2014 and 130 new
jobs by December 31, 2015.
f. Wages:
i. Instrument Transformers, Inc. represents that the average annual
wage of all new jobs shall together be no less than $42,000.
g. Sales Factor/Current Sales:
i. Instrument Transformers, Inc. represents that for 2013 the sales
factor inside the Tampa-St. Petersburg-Clearwater, FL
Metropolitan Statistical Area (MSA) was 0.75% and the sales
factor outside the MSA was 99.25%.
h. Other Council Considerations for Exemption Determination:
i. Instrument Transformers, Inc. shall strive to use local suppliers,
where available;
ii. Instrument Transformers, Inc. shall strive to hire employees
located within City of Clearwater;
iii. Instrument Transformers, Inc. shall strive continue to provide
training opportunities for new and existing employees;
iv. Instrument Transformers, Inc. shall continue to strive to be
innovative in nature and offer new products/services when
possible.
4. Ordinance No. 8524-13 Requirements. Instrument Transformers, Inc. shall abide
by all other requirements as defined in Ordinance No. 8524-13.
5. Council Revocation.
Attachment number 1 \nPage 4 of 8
Item # 1
[GM13-9216-033/138606/1] 4
a. If Instrument Transformers, Inc. fails to satisfy the Business Maintenance
and Continued Performance Conditions set forth in Section 3 of this
Agreement, the Council may, upon 30 days written notice to Instrument
Transformers, Inc., adopt an ordinance revoking the ad valorem tax
exemption or take such other action with respect to the Instrument
Transformers, Inc. Ad Valorem Exemption it deems appropriate.
b. Upon Revocation, the Council shall immediately notify the Pinellas
County Property Appraiser;
c. If it is determined that for any year within the Exemption Period,
Instrument Transformers, Inc. was not entitled to receive such Exemption,
Instrument Transformers, Inc. may be subject to the taxes exempted in that
year as a result of such failure plus annual interest at the maximum rate
allowed by law;
d. Nothing herein shall prohibit Instrument Transformers, Inc. from
reapplying for an ad valorem tax exemption pursuant to State law.
6. Assignment. Except as hereinafter provided, neither this Agreement nor any
rights, privileges, or claims created by this Agreement may be transferred by
Instrument Transformers, Inc. without the prior written approval of the City,
which approval will not be unreasonably withheld, conditioned or delayed;
provided that Instrument Transformers, Inc. may assign this Agreement to any
affiliate that assumes in writing all of Instrument Transformers, Inc. obligations
under this Agreement and provides written notice of the assignment to the City
within thirty (30) days after such assignment. Any attempted assignment in
breach of this Agreement shall be void.
7. Controlling Law. This Agreement is entered into pursuant to the laws of the
State of Florida, and shall be construed and enforced thereunder. In the event of
litigation for any alleged breach of this Agreement, exclusive jurisdiction and
venue for such litigation shall be in the Circuit Court of the Sixth Judicial District,
in and for City of Clearwater, Florida, or the United States District Court for the
Middle District of Florida, Tampa Division. In the event of any litigation
concerning this Agreement, the parties waive all rights to a jury trial.
8. Notice. Any notices required under this Agreement shall be in writing and be
addressed to the parties as shown below. Notices shall be delivered by certified or
registered first class mail or by commercial courier service, and shall be deemed to
have been given or made as of the date received.
Instrument Transformers, Inc.
1907 Calumet Street
Clearwater, Florida 33765
Contact James Koepsell
General Manager
727-298-2004
Attachment number 1 \nPage 5 of 8
Item # 1
[GM13-9216-033/138606/1] 5
9. Force Majeure. Notwithstanding anything contained in the Act or this Agreement
to the contrary, and subject to the terms of this Section, Instrument Transformers,
Inc. failure to perform its obligations under this Agreement, other than with
respect to the payment of money or the giving of any notice required hereunder,
shall not be a default, and no disqualification shall occur as a result thereof, if any
such failure or delay is due in whole in part to acts of God; acts of public enemy;
war; riot; sabotage; blockage; embargo; failure or inability to secure materials,
supplies or labor through ordinary sources by reason of shortages or priority;
labor strikes, lockouts or other labor or industrial disturbance (whether or not on
the part of agents or employees of either p arty hereto engaged in renovation or
construction at the Facility); civil disturbance; terrorist act; fire, flood, windstorm,
hurricane, earthquake or other casualty; any law, order, regulation or other action
of any governing authority; any action, inaction, order, ruling, moratorium,
regulation, statute, condition or other decision of any governmental agency having
jurisdiction over any portion of the Facility, over the renovation or construction
anticipated to occur thereon or over any uses thereof, or b y delays in inspections
or in issuing approvals by private parties or permits by governmental agencies;
discovery of hazardous or toxic materials; failure of the Internet; failure of power,
telecommunication, data connectivity or other services to be delivered to the
Facility by any third party including any local utility provider; delays caused by
any dispute resolution process; or any cause whatsoever beyond the reasonable
control (excluding financial inability) of the party whose performance is required
hereunder, or any of its contractors or other representatives, whether or not similar
to any of the causes hereinabove stated.
10. Conflicting Law; Severability. If a Conflicting Law is enacted after the Effective
Date, then the City and Instrument Transformers, Inc. shall meet and confer in
good faith for a period of no less than thirty (30) and no more than ninety (90)
days to seek to effectuate an amendment to this Agreement providing the City and
Instrument Transformers, Inc. with the rights and remedies intended to be
provided herein. Nothing herein shall preclude either the City or Instrument
Transformers, Inc. from challenging the validity of any Conflicting Law. Each
provision in this Agreement is severable. If any such provision is determined to
be invalid or illegal, the validity and enforceability of the remainder of this
Agreement shall be unaffected. If the Economic Development Ad Valorem Tax
Exemption, or any portion thereof, is deemed by a court of competent jurisdiction
to be ultra vires or not authorized by the laws or Constitution of the State of
Florida, then the City shall use reasonable efforts to provide equivalent incentives
to Instrument Transformers, Inc. as allowed by law.
11. Term. The term of this Agreement shall commence on the date of last signatory
hereto (the “Effective Date”) and, unless sooner terminated, shall continue in
force through December 31, 2023.
12. Amendments. This Agreement shall not be changed except by written instrument
signed by all the parties.
Attachment number 1 \nPage 6 of 8
Item # 1
[GM13-9216-033/138606/1] 6
13. Binding Effect and Effectiveness; Representations and Warranties.
a. Subject to the specific provisions of this Agreement, this Agreement shall
be binding upon and inure to the benefit of and be enforceable by th e
parties and their respective successors and assigns, notwithstanding
changes in corporate or other governance.
b. Instrument Transformers, Inc. represents and warrants to the City that as
of the date hereof and throughout the term of this Agreement:
i. Instrument Transformers, Inc. is a for profit corporation, duly
organized under the laws of the State of Florida, maintains a place
of business within the State of Florida, and is validly existing and
is doing business in the State of Florida as Instrument
Transformers, Inc.
ii. Instrument Transformers, Inc. has the power and authority to own
its properties and assets and to carry on its business as now being
conducted and has the power and authority to execute and perform
this Agreement;
iii. This Agreement (a) is the lawful, valid and binding agreement of
Instrument Transformers, Inc. in its corporate name enforceable
against Instrument Transformers, Inc. in accordance with its terms;
(b) does not violate any order of any court or other agency of
government binding on Instrument Transformers, Inc., the charter
documents of Instruments Transformers, Inc. or any provision of
any indenture, agreement or other instrument to which Instrument
Transformers, Inc. is a party; and (c) does not conflict with, result
in a breach of, or constitute an event of default, or an event which,
with notice or lapse of time, or both, would constitute an event of
default, under any material indenture, agreement or other
instrument to which Instrument Transformers, Inc. in its corporate
name is a party;
iv. Instrument Transformers, Inc. has not received written notice of
any action having been filed against Instrument Transformers, Inc.
that challenges the validity of this Agreement or Instrument
Transformers, Inc. right and power to enter into and perform this
Agreement; and
14. Effective Date. This Agreement shall be effective on the date of the last signatory
hereto.
IN WITNESS WHEREOF, the City and Instrument Transformers, Inc. have executed the
Agreement as of the date first above written.
Attachment number 1 \nPage 7 of 8
Item # 1
[GM13-9216-033/138606/1] 7
Instrument Transformers, Inc.
WITNESSES:
______________________________ _ By: ___________________________________
(Signature) _______________________________ James Koepsell
(Print Name)
_______________________________ Title: General Manager
(Signature) _______________________________ Date: ___________________________________
(Print Name)
CITY OF CLEARWATER, FLORIDA
By: __________________________________
William B. Horne II
City Manager
Approved as to form: Attest:
_______________________________ ________________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Attachment number 1 \nPage 8 of 8
Item # 1
Ord 8524-13 Instrument Transformers, Inc, - ED AVTE 1
ORDINANCE NO. 8524-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
APPROVING FOR INSTRUMENT TRANSFORMERS, INC. AN
EXEMPTION FROM CERTAIN AD VALOREM TAXATION; PROVIDING
FINDINGS OF FACT; PROVIDING GRANTING OF AD VALOREM TAX
EXEMPTION; PROVIDING FOR APPLICABILITY; PROVIDING FOR A
SUNSET DATE; PROVIDING FOR SEVERABILITY AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. That an Economic Development Ad Valorem tax exemption
shall be approved for Instrument Transformers, Inc. – Tax year 2014
through Tax year 2023 as provided herein:
(a) Findings of Fact
(1) Article VII, Section 3, of the Constitution of the State of Florida and
Section 196.1995, Florida Statutes, provide that the City may grant
Economic Development Ad Valorem Tax Exemptions to New Businesses
and Expansions of Existing Businesses, as defined in Section 196.012
(15)(16), Florida Statutes, by ordinance provided that the electors of the
City, voting on the question in a referendum, authorize the City to adopt
such ordinances. On November 6, 2012, voters of the City of
Clearwater approved the referendum, authorizing the City Council of the
City of Clearwater (the “Council”) to grant Economic Development Ad
Valorem Tax Exemption pursuant to state law.
(2) Chapter 29, Article VII of the Code of Ordinances of the City of
Clearwater (the “Code”) sets forth the process and procedures for
implementing the Economic Development Ad Valorem Tax Exemption
program.
(3) Pursuant to Section 29.204 of the Code, Instrument Transformers, Inc.
(“the Company”) submitted an application to the City requesting an ad
valorem tax exemption for seventy-five percent (75%) of the assessed
value of the qualifying improvements to real property and qualifying
tangible personal property specified in its application for a period of ten
(10) years, commencing with Tax Year 2014 (“the Company Application”).
The Company Application is incorporated herein by reference, and a copy
of said Application shall be retained by the City of Clearwater Economic
Development & Housing Department for at least the duration of the
Attachment number 2 \nPage 1 of 5
Item # 1
Ord 8524-13 Instrument Transformers, Inc, - ED AVTE 2
Exemption Period.
(4) In its application, the Company stated the following:
a. Name of business: Instrument Transformers, Inc; Location: 1907
Calumet Street, Clearwater, Florida 33765 also known as 1925
Calumet Street, Clearwater, Florida 33765;
b. It will create a total of 143 new jobs by December 31, 2015, an
average annual wage of all new jobs that shall together be no less
than $42,000;
c. Through December 31, 2015, it will invest approximately Forty-Nine
Million Dollars ($49,000,000.00) in the expansion of its City of
Clearwater facility, including the purchase or lease of new
equipment;
d. It produces an innovative line of products with unique licensed
designs and with GE’s global breadth, size and commitment to
innovation, it is able to better understand world challenges and turn
them into opportunities;
e. It is committed to local procurement and will strive to incorporate as
many qualified local and small business firms as appropriate in
each trade category for the proposed site preparation and building
construction and is committed to hiring locally and leverages the
services of WorkNet Pinellas as well as local staffing agencies to
assist in filling positions;
f. It is committed to environmental sustainability as evidenced by the
Company’s recent receipt of the GE eC02 award for exemplary
progress toward meeting Corporate environmental goals.
Additionally, in Q12013, GE installed an SF6 recovery system at
the Company facility to drastically reduce emissions of this potent
greenhouse gas;
g. 99.75% of its revenues are generated from sales outside the
Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area
(MSA).
(5) Pursuant to Section 29.205 of the Code, the Property Appraiser completed
its review of the Company Application and submitted its report to the City,
dated November 8, 2013. The Property Appraiser report included the
following information:
Attachment number 2 \nPage 2 of 5
Item # 1
Ord 8524-13 Instrument Transformers, Inc, - ED AVTE 3
a. Total revenue available to the City for the current fiscal year from ad
valorem tax sources: $39,922,918;
b. Revenue lost to the City for the current fiscal year by virtue of
exemptions previously granted under this section: $0;
c. Estimate of the revenue which would be lost to the City during the
current fiscal year if the exemption applied for were granted and the
property for which the exemption is requested would otherwise have
been subject to taxation: $195,065;
d. Estimate of the taxable value lost to the City if the exemption applied
for was granted: Improvements to Real Property: $21,360,000;
Personal Property: $16,480,000;
e. A determination that the Company meets the definition of “Expansion
of an Existing Business”, as defined in Section 196.012(16), Florida
Statutes.
(6) The Instrument Transformers Application meets all statutory and
ordinance requirements.
(b) Grant of Ad Valorem Tax Exemption.
(1) Pursuant to Section 29.205(c) of the Code, the Council reviewed the
Company Application, applied the City of Clearwater Economic
Development Policy Guidelines, and finds that:
a. The Company currently employs 436 full-time employees at its City
of Clearwater facility and represents that that it will create a total of
143 new jobs by December 31, 2015, with an average annual wage
of all new jobs that shall together be no less than Forty-Two
Thousand Dollars ($42,000);
b. The Company represents that it will invest Forty-Nine Million
Dollars ($49,000,000.00) in the expansion of its City of Clearwater
facility, including the purchase or lease of new equipment;
c. The Company is an innovative business;
d. The Company represents that to the extent that qualified suppliers
are available in City of Clearwater, it will purchase its materials and
equipment locally;
e. The Company represents an estimated 6% of its workforce will
reside in City of Clearwater;
Attachment number 2 \nPage 3 of 5
Item # 1
Ord 8524-13 Instrument Transformers, Inc, - ED AVTE 4
e. The Company will continue to make a net positive contribution to
the local economy as determined by the impact analysis conducted;
and
f. More than 50% of its product is shipped outside of the MSA.
As a result of the above findings, the Council concludes that granting an
Economic Development Ad Valorem Tax Exemption to the Company to
encourage expansion of its business will promote economic sustainability
within the City through the creation of jobs and utilization of local
resources.
(2) The Council hereby grants to the Company and establishes on behalf of
the Company an Economic Development Ad Valorem Tax Exemption of
seventy-five percent (75%) of the assessed value of the net increase in
qualifying improvements to real property and qualifying tangible personal
property as set forth in the Company Application, acquired by the
Company after the adoption of this Ordinance to facilitate the expansion of
its business (the “Instrument Transformers, Inc. Ad Valorem Tax
Exemption”).
(3) The Instrument Transformers Ad Valorem Tax Exemption shall be for a
period of ten (10) tax years (the “Exemption Period”), commencing with
Tax Year 2014 through Tax Year 2023. The Instrument Transformers Ad
Valorem Tax Exemption is conditioned upon the Company entering into an
agreement with the City stating that it shall remain in compliance with
Section 29.207 of the Code throughout the Exemption Period as well as
the Business Maintenance and Continued Performance provision of the
Company Application. Should the Company fail to comply with Section
29.207 of the Code or the Business Maintenance and Continued
Performance provision of the Company Application, the Council may
revoke the Instrument Transformers Ad Valorem Tax Exemption and
recover any taxes exempted during the Exemption Period pursuant to
Section 29.208 of the Code.
(4) The Company agrees to abide by the terms and conditions set forth in
Article VII of Chapter 29 of the Code, as amended from time to time, as
well as any policies and procedures enacted by the Council from time to
time related to the Economic Development Ad Valorem Tax Exemption
program. Failure to do so may result in revocation of the Instrument
Transformers Ad Valorem Tax Exemption and the City’s recovery of any
taxes exempted during the Exemption Period.
(c) Applicability.
Attachment number 2 \nPage 4 of 5
Item # 1
Ord 8524-13 Instrument Transformers, Inc, - ED AVTE 5
The City ad valorem tax exemption granted herein applies only to ad valorem
taxes levied by City of Clearwater on the qualifying improvements to real property
and qualifying tangible property specified in the Company Application. The
exemption does not apply to taxes levied by a county, school district, or any
special taxing district, or to taxes levied for the payment of bonds or taxes
authorized by a vote of the electors pursuant to Section 9 and Section 12, Article
VII of the State Constitution.
(d) Sunset Date.
The Instrument Transformers Ad Valorem Tax Exemption shall be in effect
through Tax Year 2023, at which time this ordinance shall automatically sunset
and no longer be in force and effect.
Section 2. If any provision of this article or the application thereof to any
person or circumstance is held invalid, the invalidity shall not affect other
provisions or applications of the act which can be given effect without the invalid
provision or applications. To this end, the provisions of this article are declared
severable.
Section 3. The provisions of this Ordinance shall become effective
immediately upon adoption.
PASSED ON FIRST READING ____________________________
PASSED ON SECOND AND FINAL ____________________________
READING AND ADOPTED
Countersigned: CITY OF CLEARWATER, FLORIDA
___________________________ By: __________________________
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form: Attest:
___________________________ ________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Attachment number 2 \nPage 5 of 5
Item # 1
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Amend the Clearwater Code of Ordinances, Chapter 29, Article III, Public Service Tax, Section 29.76, Exemptions, for the purpose of
providing incentives for businesses to relocate to, or expand within the City, providing for an exemption of Public Service Taxes on a
decreasing graduated basis for a period of five years, for the purchase of electricity or metered natural gas, when purchased by certain
industrial customers within the NAICS code number 33441 in accordance with Florida Statute 166.231(6) and pass Ordinance 8508-13
on first reading.
SUMMARY:
In accordance with Florida Statute 166.231(6), this Ordinance provides authority to the City of Clearwater to provide
an exemption of the city-portion of the Public Service Utility Tax for a period of five years beginning on March 1, 2015
and expiring on February 28, 2020, for the purchase of electricity or metered natural gas in the following manner:
Metered Natural Gas
Year 1 100%
Year 2 80%
Year 3 60%
Year 4 40%
Year 5 20%
Electricity
Year 1 50%
Year 2 40%
Year 3 30%
Year 4 20%
Year 5 10%
Program Goals
The Public Service Tax Exemption Program is intended to support economic growth within the City of Clearwater by
providing incentives for businesses to relocate to, or expand within the City, encourage capital investment and job
creation, and promote and strengthen the local economy as identified in the City's approved Economic Development
Strategic Plan. This program will position Clearwater as an attractive business location not only in the Tampa Bay
region, but also throughout the State of Florida and beyond.
Exemption Certificate
Upon approval of this Ordinance, staff will send the Exemption Certificate to all eligible industrial businesses within
the City of Clearwater identified as NAICS code number 33441, including those with subcategories 334412, 334413,
334416, 334417, 334418, and 334419. The business will certify they are exempt and send the Certificate to the
vendor with a copy to the City of Clearwater Finance Department.
Cover Memo
Item # 2
Limitations
Pursuant to the terms of the exemption, use of metered natural gas or electricity purchased for any nonexempt
purpose will be subject to all applicable taxes.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk
Cover Memo
Item # 2
EXEMPTION CERTIFICATE
FOR THE PURCHASE OF METERED NATURAL GAS AND/OR ELECTRICITY USED TO
PRODUCE TANGIBLE PERSONAL PROPERTY FOR SALE
_____________________________, incorporated in the State of ______________, its
undersigned officer who is duly authorized, hereby certifies to __________________ (Vendor’s Name),
that purchases of metered natural gas or electricity under account number ______________ will be
exclusively used in industrial manufacturing, processing, compounding, or production of tan gible personal
property for sale. This industrial process is located at ________________________________ (Street
Address), in Clearwater, Florida, County of Pinellas.
I certify that ______________________________ (Name of Purchasing Business) is a busine ss
establishment contained within an industry classified under North American Industry Classification
System (NAICS) code 33441 (Semiconductor and Other Electronic Component Manufacturing), which
contains sub code categories; 334412 (Bare Printed Circuit B oard Manufacturing) 334413
(Semiconductor and Related Device Manufacturing), 334416 (Capacitor, Resistor, Coil, Transformer, and
Other Inductor Manufacturing), 334417 (Electronic Connector Manufacturing), 334418 (Printed Circuit
Assembly (Electronic Assembly) Manufacturing), and 334419 (Other Electronic Component
Manufacturing), as published by the Office of Management and Budget, Executive Office of the President.
I certify that the metered natural gas or electricity purchased hereunder is exempt from public service tax
under paragraph 166.231(6), Florida Statutes, and the City of Clearwater Code of Ordinances, Chapter
29, Section 29.76, on the following decreasing graduated scale for a period of five (5) years from March
1, 2015 (“Effective Date”):
Exemption Period Beginning Exemption
Metered Natural Gas Electricity
1 year Effective Date 100% 50%
1 year 1st anniversary of Effective Date 80% 40%
1 year 2nd anniversary of Effective Date 60% 30%
1 year 3rd anniversary of Effective Date 40% 20%
1 year 4th anniversary of Effective Date 20% 10%
Termination 5th anniversary of Effective Date 0 0
I understand that if I use the metered natural gas or electricity purchased for any nonexempt purpose, I
will be liable to pay the City of Clearwater directly for applicable taxes due on the purchase.
Dated at _______________, Florida, this ___________ day of __________, _______.
Authorized Officer of Company
By: _________________________________
Printed signature: _____________________
Title: _______________________________
Telephone number: ___________________
This certificate relieves the vendor from the responsibility of collecting tax on the exempt purchases. The
City of Clearwater will look solely to the purchaser for recovery of tax if the purchaser was not entitled to
the exemption.
Form to be retained in vendor’s records with copy to the City of Clearwater Finance Department, Attn:
Finance Director, P.O. Box 4748, Clearwater, FL 33758-4748.
Attachment number 1 \nPage 1 of 1
Item # 2
Ordinance No. 8508-13
ORDINANCE NO. 8508-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE CITY OF CLEARWATER CODE OF
ORDINANCES, CHAPTER 29, TAXATION AND OTHER FEES,
ARTICLE III, PUBLIC SERVICE TAX, SECTION 29.76,
EXEMPTIONS; PROVIDING FOR AN EXEMPTION OF PUBLIC
SERVICE TAXES ON A DECREASING GRADUATED BASIS
FOR A PERIOD OF FIVE YEARS, FOR THE PURCHASE OF
ELECTRICITY OR METERED NATURAL GAS, WHEN
PURCHASED BY AN INDUSTRIAL CUSTOMER WITHIN THE
NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM
INDUSTRY NUMBER 33441 AND RELATED SUBCATEGORIES
AS ESTABLISHED BY THE OFFICE OF MANAGEMENT AND
BUDGET, WHICH USES SUCH ELECTRCITY OR GAS
DIRECTLY IN THE MANUFACTURING, PROCESSING,
COMPOUNDING, OR A PRODUCTION PROCESS, AT A FIXED
LOCATION IN CLEARWATER, OF ITEMS OF TANGIBLE
PERSONAL PROPERTY FOR SALE; REQUIRING ANY
PURCHASER WHO CLAIMS AN EXEMPTION FROM THE
PUBLIC SERVICE TAX TO CERTIFY TO THE SELLER IN
WRITING THAT PURCHASER QUALIFIES FOR THE
EXEMPTION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is the goal of the City of Clearwater to support economic growth by
promoting and increasing the viability and profitability of business and commerce within the
City of Clearwater; and
WHEREAS, by providing incentives for businesses to relocate to, or expand within
the City, employment opportunities will be created that will benefit the community, and
promote and strengthen the local economy; and
WHEREAS, as authorized by Chapter 166, Florida Statutes, the City of Clearwater
imposes and collects a municipal public service tax on every purchase within the City of,
among other things, electricity and metered natural gas, pursuant to Chapter 29, Article III,
§§ 29.71, et.seq., of the Code of Ordinances of the City of Clearwater; and
WHEREAS, subsection 166.231(6), Florida Statutes, provides that a municipality
may exempt from said tax, any amount up to, and including, the total amount of electricity
and/or metered natural gas when purchased by an industrial consumer which uses the
electricity or gas directly in industrial manufacturing, processing, compounding, or a
production process, at a fixed location within the municipality, of items of tangible personal
property for sale; and
WHEREAS, said statute requires that the municipality establish the requirements for
qualification for the exemption in a manner prescribed by ordinance; and
Attachment number 2 \nPage 1 of 3
Item # 2
Ordinance No. 8508-13 [GM13-9216-036/136264/1] 2
WHEREAS, the City hereby determines that the granting of a public service tax
exemption will encourage existing businesses to expand and will draw new businesses to
Clearwater, thereby achieving economic development and growth and en hancing the
health, safety and welfare of the citizens of the City, serving a public purpose , and
supporting the City’s Economic Development Strategic Plan; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Chapter 29, Taxation and Other Fees, Article III, Public Service Tax,
Section 29.76, Exemptions, subsection (2) is hereby amended to add the following:
(f) Purchases of electricity by an industrial customer within Industry Number 33441,
North American Industry Classification System, which uses the electricity directly in
industrial manufacturing, processing, compounding, or a production process, at a fixed
location within the City of Clearwater, of items of tangible personal property for sale,
shall be exempt on the following decreasing graduated scale for a period of five (5)
years from March 1, 2015 (“Effective Date”):
(1) For a period of one (1) year beginning on the Effective Date, purchases shall
qualify for a fifty percent (50%) exemption;
(2) For a period of one (1) year beginning on the first anniversary of the Effective
Date, purchases shall qualify for a forty percent (40%) exemption;
(3) For a period of one (1) year beginning on the second anniversary of the
Effective Date, purchases shall qualify for a thirty percent (30%) exemption;
(4) For a period of one (1) year beginning on the third anniversary of the Effective
Date, purchases shall qualify for a twenty percent (20%) exemption;
(5) For a period of one (1) year beginning on the fourth anniversary of the
Effective Date, purchases shall qualify for a ten percent (10%) exemption;
(6) On the fifth anniversary of the Effective Date, this exemption shall terminate.
(g) Purchases of metered natural gas by an industrial customer within Industry
Number 33441, North American Industry Classification System, which uses the metered
natural gas directly in industrial manufacturing, processing, compounding, or a
production process, at a fixed location within the City of Clearwater, of items of tangible
personal property for sale, shall be exempt on the following decreasing graduated scale
for a period of five (5) years from March 1, 2015 (“Effective Date”):
(1) For a period of one (1) year beginning on the Effective Date, purchases shall
qualify for a one hundred percent (100%) exemption;
(2) For a period of one (1) year beginning on the first anniversary of the Effective
Date, purchases shall qualify for an eighty percent (80%) exemption;
(3) For a period of one (1) year beginning on the second anniversary of the
Effective Date, purchases shall qualify for a sixty percent (60%) exemption;
Attachment number 2 \nPage 2 of 3
Item # 2
Ordinance No. 8508-13 [GM13-9216-036/136264/1] 3
(4) For a period of one (1) year beginning on the third anniversary of the Effective
Date, purchases shall qualify for a forty percent (40%) exemption;
(5) For a period of one (1) year beginning on the fourth anniversary of the
Effective Date, purchases shall qualify for a twenty percent (20%) exemption;
(6) On the fifth anniversary of the Effective Date, this exemption shall terminate.
(h) Any purchaser who claims an exemption from the public service tax pursuant to
subsections (f) and (g) shall provide written certification to the seller, certifying
entitlement to the exemption, in the format as prescribed by the City of Clearwater
Economic Development & Housing Department. A seller accepting the certification
required by this subsection is relieved of the obligation to collect and remit tax. If it is
determined at any time that purchaser was not entitled to receive such exemption,
purchaser shall be subject to all taxes exempted during said period on non-eligibility.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ ____________________________
Laura Lipowski Mahony Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 2 \nPage 3 of 3
Item # 2
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Approve a facility encroachment agreement with CSX Transportation, Inc to install a natural gas main at the Betty Lane railroad
crossing, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
In order to continue supplying natural gas service and maintain our necessary gas mains, Clearwater Gas System is required to replace a
gas main crossing the railroad facilities of CSX Transportation, Inc. at Betty Lane north of Drew Street and south of Palmetto Street.
The existing gas main was installed in 1951 and it is in need of replacement. The proposed gas main will be Polyethylene (PE), which
is the pipeline material currently used in our distribution system. This new crossing is part of our antiquated main replacement project
to remove all bare steel and galvanized gas mains.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
Current Year Cost:1,625 Annual Operating Cost:1,625
Not to Exceed:1,625 Total Cost:1,625
For Fiscal Year:10/1/2013 to 9/30/2014
Appropriation Code Amount Appropriation Comment
315-96377 1,625 Pinellas New Mains and Service Lines
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk
Cover Memo
Item # 3
AGREEMENT NO. CSX749876
Page 1 of 15 ø
FACILITY ENCROACHMENT AGREEMENT
THIS AGREEMENT, made and effective as of September 17, 2013, by and between
CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water
Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and CITY OF
CLEARWATER, FLORIDA, d/b/a CLEARWATER GAS SYSTEM, a municipal corporation,
political subdivision or state agency, under the laws of the State of Florida, whose mailing
address is 400 North Myrtle Avenue, Clearwater, Florida 33755, hereinafter called "Licensee,"
WITNESSETH:
WHEREAS, Licensee desires to construct (unless previously constructed and designated
as existing herein), use and maintain the below described facility(ies), hereinafter called
"Facilities," over, under or across property owned or controlled by Licensor, at the below
described location(s):
1. One (1) two inch (2'') diameter sub-grade pipeline crossing, solely for the conveyance of
natural gas, located at or near Clearwater, Pinellas County, Florida, Jacksonville Division,
Clearwater Subdivision, Milepost SY-873.48;
hereinafter, collectively, called the ''Encroachment,'' as shown on print(s) labeled Exhibit "B,"
attached hereto and made a part hereof; other details and data pertaining to said Facilities being
as indicated on Exhibit "A," also attached hereto and made a part hereof;
NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and
agreements herein contained, the parties hereto agree and covenant as follows:
1. LICENSE:
1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and
authority to do so, and its present title permits, and subject to:
(A) Licensor's present and future right to occupy, possess and use its
property within the area of the Encroachment for any and all purposes;
(B) All encumbrances, conditions, covenants, easements, and limitations
applicable to Licensor's title to or rights in the subject property; and
(C) Compliance by Licensee with the terms and conditions herein
contained;
does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter
or change the Facilities at the Encroachment above for the term herein stated, and to remove
same upon termination.
Attachment number 1 \nPage 1 of 15
Item # 3
AGREEMENT NO. CSX749876
Page 2 of 15 ø
1.2 The term Facilities, as used herein, shall include only those structures and
ancillary facilities devoted exclusively to the transmission usage above within the Encroachment,
and as shown on attached Facility Application Form and plan(s).
1.3 No additional structures or other facilities shall be placed, allowed, or
maintained by Licensee in, upon or on the Encroachment except upon prior separate written
consent of Licensor.
2. ENCROACHMENT FEE; TERM:
2.1 Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of
FIVE HUNDRED AND 00/100 U.S. DOLLARS ($500.00) upon execution of this Agreement.
Licensee agrees that the Encroachment Fee applies only to the original Licensee under this
Agreement. In the event of a successor (by merger, consolidation, reorganization and/or
assignment) or if the original Licensee changes its name, then Licensee shall be subject to
payment of Licensor's current administrative and document preparation fees for the cost incurred
by Licensor in preparing and maintaining this Agreement on a current basis.
2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or
reimburse Licensor), any additional annual taxes and/or periodic assessments levied against
Licensor or Licensor's property solely on account of said Facilities or Encroachment.
2.3 This Agreement shall terminate as herein provided, but shall also terminate
upon: (a) Licensee's cessation of use of the Facilities or Encroachment for the purpose(s) above;
(b) removal of the Facilities; (c) subsequent mutual consent; and/or (d) failure of Licensee to
complete installation within five (5) years from the effective date of this Agreement.
2.4 In further consideration for the license or right hereby granted, Licensee
hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part
of the cost of the installation of said Facilities and appurtenances, and/or maintenance thereof, or
for any public works project of which said Facilities is a part.
3. CONSTRUCTION, MAINTENANCE AND REPAIRS:
3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove
the Facilities, in a prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor (A.R.E.M.A. Specifications), or Licensee's
particular industry, National Electrical Safety Code, or any governmental or regulatory body
having jurisdiction over the Encroachment.
3.2 Location and construction of Facilities shall be made strictly in accordance
with design(s) and specifications furnished to and approved by Licensor and of material(s) and
size(s) appropriate for the purpose(s) above recited.
Attachment number 1 \nPage 2 of 15
Item # 3
AGREEMENT NO. CSX749876
Page 3 of 15 ø
3.3 All of Licensee's work, and exercise of rights hereunder, shall be undertaken at
time(s) satisfactory to Licensor, and so as to eliminate or minimize any impact on or interference
with the safe use and operation of Licensor's property and appurtenances thereto.
3.4 In the installation, maintenance, repair and/or removal of said Facilities,
Licensee shall not use explosives of any type or perform or cause any blasting without the
separate express written consent of Licensor. As a condition to such consent, a representative
will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the
entire cost and/or expense of furnishing said monitor.
3.5 Any repairs or maintenance to the Facilities, whether resulting from acts of
Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use
of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days
after Licensee has notice as to the need for such repairs or maintenance.
3.6 Licensor, in order to protect or safeguard its property, rail operations,
equipment and/or employees from damage or injury, may request immediate repair or renewal of
the Facilities, and if the same is not performed, may make or contract to make such repairs or
renewals, at the sole risk, cost and expense of Licensee.
3.7 Neither the failure of Licensor to object to any work done, material used, or
method of construction or maintenance of said Encroachment, nor any approval given or
supervision exercised by Licensor, shall be construed as an admission of liability or
responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or
responsibility of Licensee under this Agreement.
3.8 All work on the Encroachment shall be conducted in accordance with
Licensor's safety rules and regulations.
3.9 Licensee hereby agrees to reimburse Licensor any actual loss, cost or expense
(including losses resulting from train delays and/or inability to meet train schedules) arising
directly from any failure of Licensee to make repairs or conduct maintenance as required by
Section 3.5 above or from improper or incomplete repairs or maintenance to the Facilities or
Encroachment.
4. PERMITS, LICENSES:
4.1 Before any work hereunder is performed, or before use of the Encroachment
for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary
permit(s) (including but not limited to zoning, building, construction, health, safety or
environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and
warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s)
and authorization(s), and shall comply with all applicable ordinances, rules, regulations,
requirements and laws of any governmental authority (State, Federal or Local) having
jurisdiction over Licensee's activities, including the location, contact, excavation and protection
Attachment number 1 \nPage 3 of 15
Item # 3
AGREEMENT NO. CSX749876
Page 4 of 15 ø
regulations of the Occupational Safety and Health Act (OSHA) (29 CFR 1926.651(b)), et al., and
State "One Call" - "Call Before You Dig" requirements.
4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or
approval(s), for any violations thereof, or for costs or expenses of compliance or remedy.
5. MARKING AND SUPPORT:
5.1 With respect to any subsurface installation or maintenance upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) support track(s) and roadbed in a manner satisfactory to Licensor;
(B) backfill with satisfactory material and thoroughly tamp all trenches to
prevent settling of surface of land and roadbed of Licensor; and
(C) either remove any surplus earth or material from Licensor's property or
cause said surplus earth or material to be placed and distributed at location(s) and in such manner
Licensor may approve.
5.2 After construction or maintenance of the Facilities, Licensee shall:
(A) Restore any track(s), roadbed and other disturbed property; and
(B) Erect, maintain and periodically verify the accuracy of aboveground
markers, in a form approved by Licensor, indicating the location, depth and ownership of any
underground Facilities or related facilities.
5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or
subjacent support in the Encroachment area for a period of three (3) years after completion of
installation.
6. TRACK CHANGES:
6.1 In the event that rail operations and/or track maintenance result in changes in
grade or alignment of, additions to, or relocation of track(s) or other facilities, or in the event
future use of Licensor's rail corridor or property necessitate any change of location, height or
depth in the Facilities or Encroachment, Licensee, at its sole cost and expense and within thirty
(30) days after notice in writing from Licensor, shall make changes in the Facilities or
Encroachment to accommodate such track(s) or operations.
6.2 If Licensee fails to do so, Licensor may make or contract to make such
changes at Licensee's cost.
Attachment number 1 \nPage 4 of 15
Item # 3
AGREEMENT NO. CSX749876
Page 5 of 15 ø
7. FACILITY CHANGES:
7.1 Licensee shall periodically monitor and verify the depth or height of the
Facilities or Encroachment in relation to the existing tracks and facilities, and shall relocate the
Facilities or change the Encroachment, at Licensee's expense, should such relocation or change
be necessary to comply with the minimum clearance requirements of Licensor.
7.2 If Licensee undertakes to revise, renew, relocate or change in any manner
whatsoever all or any part of the Facilities (including any change in voltage or gauge of wire or
any change in circumference, diameter or radius of pipe or change in materials transmitted in and
through said pipe), or is required by any public agency or court order to do so, plans therefor
shall be submitted to Licensor for approval before such change. After approval, the terms and
conditions of this Agreement shall apply thereto.
8. INTERFERENCE WITH RAIL FACILITIES:
8.1 Although the Facilities/Encroachment herein permitted may not presently
interfere with Licensor's railroad or facilities, in the event that the operation, existence or
maintenance of said Facilities, in the sole judgment of Licensor, causes: (a) interference
(including, but not limited to, physical or interference from an electromagnetic induction, or
interference from stray or other currents) with Licensor's power lines, communication, signal or
other wires, train control system, or electrical or electronic apparatus; or (b) interference in any
manner, with the operation, maintenance or use of the rail corridor, track(s), structures, pole
line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee,
upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk,
cost and expense, shall promptly make such changes in its Facilities or installation, as may be
required in the reasonable judgment of the Licensor to eliminate all such interference. Upon
Licensee's failure to remedy or change, Licensor may do so or contract to do so at Licensee's sole
cost.
8.2 Without assuming any duty hereunder to inspect the Facilities, Licensor hereby
reserves the right to inspect same and to require Licensee to undertake repairs, maintenance or
adjustments to the Facilities, which Licensee hereby agrees to make promptly, at Licensee's sole
cost and expense.
9. RISK, LIABILITY, INDEMNITY:
With respect to the relative risk and liabilities of the parties, it is hereby agreed that:
9.1 To the limits as set forth by State law (constitutional or statutory, as amended),
Licensee hereby agrees to, defend, indemnify, and hold Licensor harmless from and against any
and all liability, loss, claim, suit, damage, charge or expense which Licensor may suffer, sustain,
incur or in any way be subjected to, on account of death of or injury to any person whomsoever
(including officers, agents, employees or invitees of Licensor), and for damage to or loss of or
destruction of any property whatsoever, arising out of, resulting from, or in any way connected
with the construction, repair, maintenance, replacement, presence, existence, operations, use or
Attachment number 1 \nPage 5 of 15
Item # 3
AGREEMENT NO. CSX749876
Page 6 of 15 ø
removal of the Facilities or any structure in connection therewith, or restoration of premises of
Licensor to good order or condition after removal, EXCEPT when proven to have been caused
solely by the willful misconduct or gross negligence of Licensor.
9.2 Use of Licensor's rail corridor involves certain risks of loss or damage as a
result of the rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of
loss and damage to Licensee's Property or the Facilities in, on, over or under the Encroachment,
including loss of or any interference with use or service thereof, regardless of cause, including
electrical field creation, fire or derailment resulting from rail operations. For this Section, the
term "Licensee's Property" shall include property of third parties situated or placed upon
Licensor's rail corridor by Licensee or by such third parties at request of or for benefit of
Licensee.
9.3 To the fullest extent permitted by State law, as above, Licensee assumes all
responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all
claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden
or nonsudden pollution of air, water, land and/or ground water on or off the Encroachment area,
arising from or in connection with the use of this Encroachment or resulting from leaking,
bursting, spilling, or any escape of the material transmitted in or through the Facilities; (b) any
claim or liability arising under federal or state law dealing with either such sudden or nonsudden
pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c)
any subsidence or failure of lateral or subjacent support of the tracks arising from such Facilities
leakage.
9.4 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss
which in any way may result from Licensee's failure to maintain either required clearances for
any overhead Facilities or the required depth and encasement for any underground Facilities,
whether or not such loss(es) result(s) in whole or part from Licensor's contributory negligence or
joint fault.
9.5 Obligations of Licensee hereunder to release, indemnify and hold Licensor
harmless shall also extend to companies and other legal entities that control, are controlled by,
subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the rail
corridor on which the Encroachment is located, and the officers, employees and agents of each.
9.6 If a claim is made or action is brought against Licensor, and/or its operating
lessee, for which Licensee may be responsible hereunder, in whole or in part, Licensee shall be
notified to assume the handling or defense of such claim or action; but Licensor may participate
in such handling or defense.
9.7 Notwithstanding anything contained in this Agreement, the limitation of
liability contained in the state statutes, as amended from time to time, shall not limit Licensor's
ability to collect under the insurance policies required to be maintained under this Agreement.
Attachment number 1 \nPage 6 of 15
Item # 3
AGREEMENT NO. CSX749876
Page 7 of 15 ø
10. INSURANCE:
10.1 Prior to commencement of surveys, installation or occupation of premises
pursuant to this Agreement, Licensee shall procure and shall maintain during the continuance of
this Agreement, at its sole cost and expense, a policy of
(i) Statutory Worker's Compensation and Employers Liability Insurance with
available limits of not less than ONE MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00),
which must contain a waiver of subrogation against CSXT and its Affiliates;
(ii) Commercial General Liability coverage (inclusive of contractual liability) with
available limits of not less than FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00),
naming Licensor, and/or its designee, as additional insured and in combined single limits for
bodily injury and property damage and covering the contractual liabilities assumed under this
Agreement. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days'
notice to Licensor, or its designee, prior to cancellation or modification of any policy. Mail CGL
certificate, along with agreement, to CSX Transportation, Inc., Speed Code J180, 500 Water
Street, Jacksonville, FL 32202. On each successive year, send certificate to
RenewalCOI@csx.com.
(iii) Business automobile liability insurance with available limits of not less than ONE
MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00) combined single limit for bodily
injury and/or property damage per occurrence;
(iv) Such other insurance as Licensor may reasonably require.
10.2 If Licensee's existing CGL policy(ies) do(es) not automatically cover
Licensee's contractual liability during periods of survey, installation, maintenance and continued
occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said
CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee
shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole
risk.
10.3 Licensor, or its designee, may at any time request evidence of insurance
purchased by Licensee to comply with this Agreement. Failure of Licensee to comply with
Licensor's request shall be considered a default by Licensee.
10.4 Securing such insurance shall not limit Licensee's liability under this
Agreement, but shall be security therefor.
10.5 (A) In the event Licensee finds it necessary to perform construction or
demolition operations within fifty feet (50') of any operated railroad track(s) or affecting any
railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall: (a) notify
Licensor; and (b) require its contractor(s) performing such operations to procure and maintain
during the period of construction or demolition operations, at no cost to Licensor, Railroad
Protective Liability (RPL) Insurance, naming Licensor, and/or its designee, as Named Insured,
Attachment number 1 \nPage 7 of 15
Item # 3
AGREEMENT NO. CSX749876
Page 8 of 15 ø
written on the current ISO/RIMA Form (ISO Form No. CG 00 35 01 96) with limits of FIVE
MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00) per occurrence for bodily injury and
property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00)
aggregate limit per annual policy period, with Pollution Exclusion Amendment (ISO CG 28 31
11 85) if an older ISO Form CG 00 35 is used. The original of such RPL policy shall be sent to
and approved by Licensor prior to commencement of such construction or demolition. Licensor
reserves the right to demand higher limits.
(B) At Licensor's option, in lieu of purchasing RPL insurance from an insurance
company (but not CGL insurance), Licensee may pay Licensor, at Licensor's current rate at time
of request, the cost of adding this Encroachment, or additional construction and/or demolition
activities, to Licensor's Railroad Protective Liability (RPL) Policy for the period of actual
construction. This coverage is offered at Licensor's discretion and may not be available under all
circumstances.
10.6 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant
to State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability
arising under this Agreement, under a funded program of self-insurance, which fund will respond
to liability of Licensee imposed by and in accordance with the procedures established by law.
11. GRADE CROSSINGS; FLAGGING:
11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's
contractor to move any vehicles or equipment over the track(s), except at public road crossing(s),
without separate prior written approval of Licensor (CSXT Form 7422).
11.2 If Licensor deems it advisable, during any construction, maintenance, repair,
renewal, alteration, change or removal of said Facilities, to place watchmen, flagmen, inspectors
or supervisors for protection of operations of Licensor or others on Licensor's rail corridor at the
Encroachment, and to keep persons, equipment or materials away from the track(s), Licensor
shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure
to do so.
11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and
labor agreements, Licensee may provide flagmen, watchmen, inspectors or supervisors during all
times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and
expense; and in such event, Licensor shall not be liable for the failure or neglect of such
watchmen, flagmen, inspectors or supervisors.
12. LICENSOR'S COSTS:
12.1 Any additional or alternative costs or expenses incurred by Licensor to
accommodate Licensee's continued use of Licensor's property as a result of track changes or wire
changes shall also be paid by Licensee.
Attachment number 1 \nPage 8 of 15
Item # 3
AGREEMENT NO. CSX749876
Page 9 of 15 ø
12.2 Licensor's expense for wages ("force account" charges) and materials for any
work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within
thirty (30) days after receipt of Licensor's bill therefor. Licensor may, at its discretion, request
an advance deposit for estimated Licensor costs and expenses.
12.3 Such expense shall include, but not be limited to, cost of railroad labor and
supervision under "force account" rules, plus current applicable overhead percentages, the actual
cost of materials, and insurance, freight and handling charges on all material used. Equipment
rentals shall be in accordance with Licensor's applicable fixed rate. Licensor may, at its
discretion, require advance deposits for estimated costs of such expenses and costs.
13. DEFAULT, BREACH, WAIVER:
13.1 The proper and complete performance of each covenant of this Agreement
shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and
completely perform any of said covenants or remedy any breach within thirty (30) days after
receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of
notice of a railroad emergency), Licensor shall have the option of immediately revoking this
Agreement and the privileges and powers hereby conferred, regardless of encroachment fee(s)
having been paid in advance for any annual or other period. Upon such revocation, Licensee
shall make removal in accordance with Article 14.
13.2 No waiver by Licensor of its rights as to any breach of covenant or condition
herein contained shall be construed as a permanent waiver of such covenant or condition, or any
subsequent breach thereof, unless such covenant or condition is permanently waived in writing
by Licensor.
13.3 Neither the failure of Licensor to object to any work done, material used, or
method of construction or maintenance of said Encroachment, nor any approval given or
supervision exercised by Licensor, shall be construed as an admission of liability or
responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or
responsibility of Licensee under this Agreement.
14. TERMINATION, REMOVAL:
14.1 All rights which Licensee may have hereunder shall cease upon the date of
(a) termination, (b) revocation, or (c) subsequent agreement, or (d) Licensee's removal of the
Facility from the Encroachment. However, neither termination nor revocation of this Agreement
shall affect any claims and liabilities which have arisen or accrued hereunder, and which at the
time of termination or revocation have not been satisfied; neither party, however, waiving any
third party defenses or actions.
Attachment number 1 \nPage 9 of 15
Item # 3
AGREEMENT NO. CSX749876
Page 10 of 15 ø
14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole
risk and expense, shall (a) remove the Facilities from the rail corridor of Licensor, unless the
parties hereto agree otherwise, (b) restore the rail corridor of Licensor in a manner satisfactory to
Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such
removal.
15. NOTICE:
15.1 Licensee shall give Licensor at least thirty (30) days written notice before
doing any work on Licensor's rail corridor, except that in cases of emergency shorter notice may
be given. Licensee shall provide proper notification as follows:
a. For non-emergencies, Licensee shall complete and submit Licensor's
Outside Party Number Request Form (Form # OP) by facsimile, to facsimile numbers: (904)
245-3692. Licensee may also scan and email a completed form to email address:
OP_Request@csx.com. A blank form, as well as additional instructions and information, can be
obtained from Licensor's web site, via web link:
http://www.csx.com/share/wwwcsx_mura/assets/File/Customers/Non-
freight_Services/Property_Real_Estate/Outside_Party_Number_Request_Form.pdf.
b. For emergencies, Licensee shall complete all of the steps outlined in
Section 15.1 a. above, and shall also include detailed information of the emergency. Licensee
shall also call and report details of the emergency to Licensor's Rail Operations Emergency
Telephone Number: 1-800-232-0144. In the event Licensor needs to contact Licensee
concerning an emergency involving Licensee's Facility(ies), the emergency phone number for
Licensee is: 727-744-5254.
15.2 All other notices and communications concerning this Agreement shall be
addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o
CSXT Contract Management, J180; or at such other address as either party may designate in
writing to the other.
15.3 Unless otherwise expressly stated herein, all such notices shall be in writing
and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be
considered delivered upon: (a) actual receipt, or (b) date of refusal of such delivery.
16. ASSIGNMENT:
16.1 The rights herein conferred are the privileges of Licensee only, and Licensee
shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said
consent shall not be unreasonably withheld.
16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective successors or assigns.
Attachment number 1 \nPage 10 of 15
Item # 3
AGREEMENT NO. CSX749876
Page 11 of 15 ø
16.3 Licensee shall give Licensor written notice of any legal succession (by
merger, consolidation, reorganization, etc.) or other change of legal existence or status of
Licensee, with a copy of all documents attesting to such change or legal succession, within thirty
(30) days thereof.
16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in
part, to any grantee, lessee, or vendee of Licensor's underlying property interests in the
Encroachment, upon written notice thereof to Licensee.
16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or
encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its
option, may revoke this Agreement by giving Licensee or any such assignee written notice of
such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor
may incur as a result of Licensee's failure to obtain said consent.
17. TITLE:
17.1 Licensee understands that Licensor occupies, uses and possesses lands,
rights-of-way and rail corridors under all forms and qualities of ownership rights or facts, from
full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as
or be deemed to act as any warranty, guaranty or representation of the quality of Licensor's title
for any particular Encroachment or segment of Rail Corridor occupied, used or enjoyed in any
manner by Licensee under any rights created in this Agreement. It is expressly understood that
Licensor does not warrant title to any Rail Corridor and Licensee will accept the grants and
privileges contained herein, subject to all lawful outstanding existing liens, mortgages and
superior rights in and to the Rail Corridor, and all leases, licenses and easements or other
interests previously granted to others therein.
17.2 The term "license," as used herein, shall mean with regard to any portion of
the Rail Corridor which is owned by Licensor in fee simple absolute, or where the applicable law
of the State where the Encroachment is located otherwise permits Licensor to make such grants
to Licensee, a "permission to use" the Rail Corridor, with dominion and control over such
portion of the Rail Corridor remaining with Licensor, and no interest in or exclusive right to
possess being otherwise granted to Licensee. With regard to any other portion of Rail Corridor
occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives
its exclusive right to occupy the Rail Corridor and grants no other rights whatsoever under this
Agreement, such waiver continuing only so long as Licensor continues its own occupation, use
or control. Licensor does not warrant or guarantee that the license granted hereunder provides
Licensee with all of the rights necessary to occupy any portion of the Rail Corridor. Licensee
further acknowledges that it does not have the right to occupy any portion of the Rail Corridor
held by Licensor in less than fee simple absolute without also receiving the consent of the
owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim
any interest in the Rail Corridor that would impair Licensor's existing rights therein.
Attachment number 1 \nPage 11 of 15
Item # 3
AGREEMENT NO. CSX749876
Page 12 of 15 ø
17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and
absolutely waives its right to, any claim against Licensor for damages on account of any
deficiencies in title to the Rail Corridor in the event of failure or insufficiency of Licensor's title
to any portion thereof arising from Licensee's use or occupancy thereof.
17.4 Licensee agrees to fully and completely indemnify and defend all claims or
litigation for slander of title, overburden of easement, or similar claims arising out of or based
upon the Facilities placement, or the presence of the Facilities in, on or along any
Encroachment(s), including claims for punitive or special damages.
17.5 Licensee shall not at any time own or claim any right, title or interest in or to
Licensor's property occupied by the Encroachments, nor shall the exercise of this Agreement for
any length of time give rise to any right, title or interest in Licensee to said property other than
the license herein created.
17.6 Nothing in this Agreement shall be deemed to give, and Licensor hereby
expressly waives, any claim of ownership in and to any part of the Facilities.
17.7 Licensee shall not create or permit any mortgage, pledge, security, interest,
lien or encumbrances, including without limitation, tax liens and liens or encumbrances with
respect to work performed or equipment furnished in connection with the construction,
installation, repair, maintenance or operation of the Facilities in or on any portion of the
Encroachment (collectively, "Liens or Encumbrances"), to be established or remain against the
Encroachment or any portion thereof or any other Licensor property.
17.8 In the event that any property of Licensor becomes subject to such Liens or
Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's
receipt of notice that such Liens or Encumbrances have been filed or docketed against the
Encroachment or any other property of Licensor; however, Licensee reserves the right to
challenge, at its sole expense, the validity and/or enforceability of any such Liens or
Encumbrances.
18. GENERAL PROVISIONS:
18.1 This Agreement, and the attached specifications, contains the entire
understanding between the parties hereto.
18.2 Neither this Agreement, any provision hereof, nor any agreement or provision
included herein by reference, shall operate or be construed as being for the benefit of any third
person.
18.3 Except as otherwise provided herein, or in any Rider attached hereto, neither
the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of
or against either party hereto as the sole drafter thereof.
Attachment number 1 \nPage 12 of 15
Item # 3
AGREEMENT NO. CSX749876
Page 13 of 15 ø
18.4 This Agreement is executed under current interpretation of applicable
Federal, State, County, Municipal or other local statute, ordinance or law(s). However, each
separate division (paragraph, clause, item, term, condition, covenant or agreement) herein shall
have independent and severable status for the determination of legality, so that if any separate
division is determined to be void or unenforceable for any reason, such determination shall have
no effect upon the validity or enforceability of each other separate division, or any combination
thereof.
18.5 This Agreement shall be construed and governed by the laws of the state in
which the Facilities and Encroachment are located.
18.6 If any amount due pursuant to the terms of this Agreement is not paid by the
due date, it will be subject to Licensor's standard late charge and will also accrue interest at
eighteen percent (18%) per annum, unless limited by local law, and then at the highest rate so
permitted.
18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including
attorney's fees) incurred by Licensor for collecting any amount due under the Agreement.
18.8 The provisions of this License are considered confidential and may not be
disclosed to a third party without the consent of the other party(s), except: (a) as required by
statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (c) to an
auditing firm or legal counsel that are agreeable to the confidentiality provisions, or (d) to
Lessees of Licensor's land and/or track who are affected by the terms and conditions of this
Agreement and will maintain the confidentiality of this Agreement.
18.9 Licensor shall refund to Licensee any overpayments collected, plus any taxes
paid in advance; PROVIDED, however, such refund shall not be made when the cumulative total
involved is less than One Hundred Dollars ($100.00).
19. RIDERS:
19.1 The following Rider(s) is/are herewith attached and included herein:
[X] Telecommunication Cable or Fiber Optic Line
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AGREEMENT NO. CSX749876
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
(each of which shall constitute an original) as of the effective date of this Agreement.
Witness for Licensor: CSX TRANSPORTATION, INC.
_______________________________ By:_________________________________________
Print/Type Name:_____________________________
Print/Type Title:______________________________
COUNTERSIGNED: CITY OF CLEARWATER, FLORIDA
____________________________ _____________________________
George N. Cretekos, Mayor William B. Horne II, City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ _____________________________
Laura Mahony, Assistant City Attorney Rosemarie Call, City Clerk
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AGREEMENT NO. CSX749876
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COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER
This Rider is and shall be a part of Agreement No. CSX749876, and is incorporated
therein.
1. No construction of any type pursuant or related in any way to this Agreement
shall be commenced by Licensee, or by any agent, representative, contractor, subcontractor of
Licensee, without Licensee first giving at least thirty (30) days written notice to the following
Parallel Cable Occupier(s):
("MCI") ATTN: Investigations
Mr. Dean Boyers
Worldcom/MCI Telecommunications Corporation
2400 North Glenville Drive
Richardson, TX 75082-4354
Phone No. (800) 624-9675
or (972) 729-6016
(NOTE: WRITTEN NOTICE TO MCI IS ALSO REQUIRED)
2. The notice shall be accompanied by drawing(s) showing the general plan,
elevation, details and methods of Licensee's proposed construction, and the location of
Occupier(s)' cable or facilities in relation to Licensee's proposed construction.
3. Prior to any construction, Licensee must locate and identify, any existing cable,
wire or fiber optic line (including any appurtenances thereto) of said cable occupier(s) traversing
or located in, on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk.
4. Any changes, alteration, relocation or protection of wire(s), cable(s) or facilities
of such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as
otherwise negotiated between Licensee and said Occupier(s).
5. Licensee shall be solely responsible and liable for any damage to (e.g., cutting,
dislocating, etc.) said wire(s) or cable(s), and appurtenances thereto, resulting in any way from
Licensee's exercise of rights or privileges under this Agreement.
6. Licensee shall defend, indemnify and hold Licensor harmless from any such
damage claims and any relocation or protection costs of said Occupier(s).
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Item # 3
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Approve the Amendment to the City of Clearwater Cafeteria Plan document to provide for the allowance of the carryover of up to $500
in health Flexible Spending Arrangement account funds in accordance with United States Department of Treasury and IRS guidelines
issued on October 31, 2013 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On October 31, 2013, the U.S. Department of the Treasury and the IRS issued a notice modifying the use-or-lose rule for health flexible
spending arrangements (FSAs). To make health FSAs more consumer-friendly and provide added flexibility, the updated guidance
permits employers to allow plan participants to carry over up to $500 of their unused health FSA account balance remaining at the end
of a plan year to the following year. The provision does not apply to dependent care FSAs at this time.
In order to take advantage of the new carryover option permitted under the Treasury Department notice, Section 125 cafeteria plans
offering a health FSA must be amended to set forth the carryover provision. Plans may be amended effective beginning with plan year
2013. This change will permit the City to begin allowing employees to carry over up to $500 of the unused amounts remaining in their
health FSA accounts for expenses in the next year beginning immediately. The City’s FSA administrator WageWorks is prepared to
manage the new provision and effect the change in order to allow for the carryover of health FSA funds from the current plan year into
2014. The City's Aflac provider has indicated that it will continue to fund the cost of any fees imposed by WageWorks for the
administration of the City health FSA accounts including the carryover, resulting in no additional cost to the City associated with this
request.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
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Item # 4
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Approve the renewal of the agreement as modified between the City and MHNet for employee and retiree Employee Assistance
Program and Mental Health/Chemical Dependency benefits, from January 1, 2014 to December 31, 2014, and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
The agreement between the City and MHNet for the provision of EAP and Mental Health/Chemical Dependency services expires on
December 31, 2013 and provides for an automatic one-year renewal.
The City offers EAP and Mental Health/Chemical Dependency benefits through MHNet to all regular full-time employees, their
dependents covered under the City’s medical insurance, all regular part-time employees, and retirees and their dependents covered
under the City’s medical insurance only. MHNet has proposed a modification of the current rates to align the premiums more
accordingly with the claims being incurred for the respective services. The proposed changes include an increase in the per member/per
month cost for EAP services from $1.39 to $1.64 and a corresponding reduction of the same amount in the per member/per month cost
for Mental Health/Chemical Dependency services from $6.76 to $6.51. The result is a net zero increase in the overall City cost for the
services. This rate modification will in no other way alter the terms of the current agreement between the City and MHNet, nor the
services currently being offered.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
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Item # 5
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Approve the settlement agreement and release between Michael Faulkner and the City of Clearwater in the amount of $37,500.00
(consent)
SUMMARY:
Michael Faulkner is currently employed by the City of Clearwater as a Fire Lieutenant with Clearwater Fire Rescue.
Mr. Faulkner alleged that the former Fire Chief delayed his promotion to Fire Lieutenant on the basis of age and
therefore discriminated against him. Mr. Faulkner filed a charge with the EEOC and sued the City on that basis.
While the City denies that any discrimination took place, a decision was made to settle this litigation for the sum of
$37,500. This settlement agreement does not construe any admission of wrongful acts by the City and settles any and
all claims Mr. Faulkner may have in this regard.
Funding for this settlement agreement will be provided by a first quarter budget amendment allocating General Fund
reserves in the amount of $37,500 to the Fire Department Operating Budget. The balance in General Fund reserves is
approximately $17.9 million, or 15.5% of the 2013/14 General Fund operating budget. Inclusive of the $1.4 million
used to fund the current operating budget, a total of $1,839,443 of General Fund reserves has been used to date to fund
expenditures in the 2013/14 operating budget.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 6
SETTLEMENT AGREEMENT AND
LIMITED RELEASE OF CLAIMS
This Settlement Agreement and Limited Release of Claims (hereinafter,
“Agreement”) is made and entered into by and between Michael Faulkner (hereinafter,
“Faulkner”), and the City of Clearwater, (hereinafter, “City”), and its past and present
directors, officers, supervisors, employees, representatives, successors, assigns, parents,
subsidiaries, and affiliates (hereinafter collectively “Releasees”). In consideration for the
mutual promises set forth below, Faulkner and the City agree as follows:
Recitals and Definitions
a. “Faulkner” shall mean, Michael Faulkner, his heirs, executors,
administrators, agents, distributees, attorneys, beneficiaries, successors in interest and
assignees.
b. “City” shall mean the City of Clearwater and its past or present directors,
officers, supervisors, employees, agents, attorneys and representatives, in their individual
and official capacities, and their heirs and legal representatives.
c. Faulkner and the City wish to fully and finally resolve all disputes
between themselves, including, but not limited to, those differences arising out of the
facts alleged in the lawsuit filed against the City in the United States District Court for
the Middle District of Florida entitled Michael Faulkner v. City of Clearwater, Case No.
8:12-cv-2773-T-24MAP (“Lawsuit”).
Agreement and General Releases
1. This Agreement shall not in any way be construed as an admission by the
City of any wrongful acts of any kind or nature whatsoever by the City or any of its past
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or present officers, directors, employees, members, agents, insurers or representatives.
This agreement is not an admission of liability, and furthermore, the City specifically
disclaims all liability or wrongdoing whatsoever.
2. For valuable consideration in the amount of Thirty-Seven Thousand Five
Hundred Dollars and No Cents ($37,500.00), payable in three (3) separate checks as
follows:
City shall provide Faulkner with a payment in the gross amount of
$ 37,5000 (herein “Settlement Amount”) divided as follows:
(i) a check to Faulkner in the amount of $ 13,303.68 less all usual
taxes and withholdings, in compromise for his contested claims. This
payment will be considered back wages and will be subject to all
applicable withholdings and deductions as required by law.
(ii) a check to Faulkner in the amount of $ 13,303.68, in compromise
for his non-economic damages.
(iii) a check to Reeser, Rodnite, Outten & Zdravko, LLC (Tax ID No
35-2423206) in the amount of $10,892.64 for attorney’s fees and costs.
In return for the payment reflected herein, Faulkner does, for himself and on behalf of his
heirs, executors, personal representatives, administrators, agents, distributes, attorneys,
beneficiaries, successors in interest, assignees, representatives and anyone claiming by or
through him, forever unconditionally and irrevocably release, acquit, and discharge the
City and its Releasees, except as noted in Paragraph 3 herein, from any and all claims and
causes of action, suits, obligations, promises, agreements, controversies, damages, debts
and demands, liabilities and losses of every kind, character, and nature, including third
party claims for indemnity or contribution, and any other claim or cause of action that
Faulkner has, ever had, or could have up to and including the date upon which this
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Agreement is executed, whether known or unknown, or that any person or entity claiming
through any party has, ever had or could have against the City or any or all of its
Releasees.
3. This release in no way precludes Faulkner from pursuing his worker’s
compensation claim and/or any and all rights and benefits arising out of said claim
against the City as to the accident of October 14, 2012.
4. It is expressly recognized and agreed to by the parties that Faulkner is not
required to leave his employment or be terminated from his employment with the City as
a condition of this Release.
5. The terms the City and Releasees will each and both include all current
and former members, officers, administrators, managers, employees, contractors, agents,
insurers, and representatives of the City as well as any corporate division or subdivision,
part, sub-part, parent, subsidiary, successor, or affiliate of the City.
6. The monies to be paid to Faulkner by the City described in paragraph 2
above constitute the total and only monies that will be paid to Faulkner in consideration
of this Agreement, and those monies will constitute the full, total, good and sufficient
consideration for all promises and undertakings made by Faulkner pursuant to this
Agreement. The City will pay all monies to be paid pursuant to this Agreement within
fourteen (14) business days of its final approval of the fully executed Agreement.
7. This Agreement specifically releases the City and its Releasees from any
and all obligations arising out of Faulkner’s employment with the City, including but by
no means limited to claims for unlawful discrimination based on race, color, age, sex,
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national origin, disability, or religion, harassment, hostile work environment, retaliation,
intentional infliction of emotional distress, invasion of privacy, assault and battery,
negligence, negligent retention, negligent hiring, negligent supervision, defamation,
slander, violation of any state or federal statute, violation of the state or federal
constitution, and any other employment related benefit or compensation. This
Agreement specifically releases the City and its Releases from any and all claims
Faulkner might have arising out of or which could have been brought as a result or
arising out of his hiring by, employment with the City or any of its Releasees. This
Agreement resolves all potential claims the City may have, whether currently known or
unknown, including without limitations, whether as an individual and/or as part of a
class.
8. By way of inclusion but not restriction, Faulkner expressly waives and
relinquishes all claims he has, may have or may have had against the City and any or all
of its Releasees arising under 42 U.S.C. § 2000e, et seq. (Title VII of the Civil Rights Act
of 1964, as amended); 42 U.S.C. §§ 1981 and 1983; 29 U.S.C. § 623 (Age Discrimination
in Employment Act); 42 U.S.C. § 12101, et seq. (Americans with Disabilities Act); 29
U.S.C. § 1001, et seq. (Employee Retirement Income Security Act of 1974, as amended);
29 U.S.C. § 2611, et seq. (Family and Medical Leave Act); Florida Statute § 440.205;
Florida Statutes § 760.01, et seq. (Florida Civil Rights Act of 1992); Florida Statutes §§
448.101 – 448.110; Florida Statute § 448.08; and every other local, state, or federal law
concerning employment rights or claims that he has ever had or now has against the City.
Faulkner represents that he has not heretofore assigned or transferred, or purported to
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assign or transfer, to any person or entity, any claim against the City or any portion
thereof or interest therein.
9. Faulkner agrees to withdraw or dismiss with prejudice all charges,
complaints, or appeals that he or anyone acting on his behalf has filed against the City,
including, but not limited to the matter of Michael Faulkner v. City of Clearwater, Case
No. 8:12-cv-2773-T-24MAP. In each such action, each party will bear its own costs,
expenses, and attorney’s fees and will not seek further reimbursement from the other.
10. Faulkner further represents that he has not filed any additional
complaint(s) or charge(s) with the United States Equal Employment Opportunity
Commission, the United States Department of Justice, the United States Department of
Labor, the Florida Commission on Human Relations, the Florida Department of Labor, or
any other federal, state, or local agency or court. Faulkner agrees that if he has filed such
a complaint or charge against the City with any agency or court, or if any person or entity
should bring such a charge, claim, complaint, or action on his behalf, he hereby waives
and forfeits any right to recover additional benefits, compensation, and all fees under
such claim and will exercise every lawful and good faith effort to have such claim(s)
dismissed.
11. In the event that either party institutes legal action to remedy an alleged
breach of this Agreement, the prevailing party to such a suit will be entitled to recover all
costs and reasonable attorney’s fees expended in the prosecution or defense of that suit.
12. Faulkner hereby acknowledges and agrees that he is solely and exclusively
liable for any and all tax liability arising from the payment of the consideration set forth
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in this Agreement. Faulkner hereby further agrees to fully indemnify and hold harmless
the City against any and all claims of any person or entity that may now or hereinafter in
the future hold themselves out as acting on behalf of Faulkner as a result of any alleged
wrongful acts committed by the City as of the date of the signing of this Agreement; said
Agreement to include, but by no means be limited to, all liability, costs, damages,
attorney’s fees, expenses, sum or sums, debts of every kind or nature which Faulkner
hereby releases, may sustain or incur by reason of or in consequence of any claim, cause
of action or suit of any type or nature by, for, or on behalf of Faulkner. Faulkner further
agrees that he will indemnify the City from all damages, costs, expenses, and reasonable
attorney’s fees it may incur in enforcing the provisions of this paragraph.
13. Faulkner represents that he is of sound mind and body to enter into this
Agreement, and that he enters into this Agreement freely and voluntarily. Faulkner
acknowledges that he is represented by counsel and has had an opportunity to consult
with his counsel to review the legal significance and ramifications of this Agreement.
Faulkner also acknowledges that he has been offered at least twenty-one (21) days to
decide whether or not to sign this Agreement and that he was strongly encouraged to
review this document with his attorney. Faulkner also acknowledges that he understands
that he has seven (7) days to revoke this Agreement after execution (“revocation period”).
This Agreement shall not become effective or enforceable until the revocation period has
expired.
14. This Agreement shall be binding upon all parties and upon their heirs,
administrators, representatives, executors, successors, and assigns.
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15. Any and all prior understandings and agreements between Faulkner and
the City with respect to the subject matter of this Agreement are merged into this
Agreement, which fully and completely expresses the entire Agreement and
understanding of Faulkner and the City with respect to the subject matter hereof. This
Agreement may not be orally amended, modified, or changed and may be amended,
modified, or changed only by written instrument or instruments executed by duly
authorized officers or other representatives of Faulkner and the City.
16. This Agreement is made and entered into in the State of Florida, and shall
in all respects be interpreted, enforced, and governed under the laws of this state. The
language of all parts of this Agreement shall in all cases be construed as a whole,
according to its fair meaning, and not strictly for or against any of the parties. Should
any provision of this Agreement be declared or be determined by any court to be illegal
or invalid, the validity of the remaining parts, terms, or provisions shall not be affected
thereby and said illegal or invalid part, term, or provision shall be deemed not to be a part
of this Agreement.
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PLEASE READ CAREFULLY. THIS CONFIDENTIAL
SETTLEMENT AGREEMENT
AND GENERAL RELEASE OF ALL CLAIMS INCLUDES A RELEASE
OF ALL KNOWN AND UNKNOWN CLAIMS.
Executed at ___________________________, Florida, this ______ day of
November, 2013.
Witness Michael Faulkner
Executed at ___________________________, Florida, this ______ day of
___________________, 2013.
The City of Clearwater
By:
Title:
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Item # 6
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Approve an amendment between American Healthways Services, Inc. (Healthways) and the City of Clearwater (City), allowing the City
to be a provider of fitness services and benefits for eligible Medicare Members known as the SilverSneakers Program at the Henry L.
McMullen Tennis Complex, 1000 Edenville Avenue, Clearwater, FL and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Healthways has established a network of sponsoring organizations throughout the country to provide fitness services, to benefit
Medicare participants represented by their medical providers. In the State of Florida, there are 15 such providers associated with
Healthways.
Healthways has established a program known as SilverSneakers where by their members can get health and fitness programs at
approved provider sites at no cost.
The City entered into a contractual agreement with Healthways on March 3, 2011, which designated five City Recreation Centers as
Healthways’ SilverSneakers sites.
The City’s obligation is to provide facilities for seniors to engage in the various approved SilverSneakers programs and activities. For
every visit made to an approved program, which ranges from simply working out in the fitness room or pool to organized exercise
classes, the City is reimbursed or subsidized at a rate of $3.00 per day per visit not to exceed $30.00 per month per participant. The
reimbursement paid by Healthways is inclusive of any and all taxes that may be required to be paid to any governmental authority.
The SilverSneakers program has achieved success since launching at five city recreation sites in June 2011. The partnership has resulted
in more than 1,500 new annual members; increased participation; improved the health and quality of life for our senior residents but
also provided an infusion of much needed new revenue into the City.
This contract amendment adds the McMullen Tennis Complex as the sixth SilverSneakers site among Clearwater Recreation centers.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
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Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Approve 2.1 Full Time Equivalent (FTE) beach lifeguard positions to provide additional coverage at Clearwater’s public beaches from
March 1 to Labor Day and approve funding for these positions to come from parking revenue at first quarter. (consent)
SUMMARY:
In Fiscal Year 2009/10 due in part to the economic downturn in the economy and reduction of tax funding, the Beach Guard Program
was reduced by approximately 33% from 14.5 FTE’s ($684,030) to 9.9 FTE’s ($458,300).
Over the past four years there has been no increase in staffing levels and only a modest 1.6% increase in operating budgets; attributed to
salary and benefit increases to its current budget for Fiscal Year 2013/14 of $487,730.
Tourism to Clearwater and Clearwater Beach has increased significantly during this time. Clearwater Beach has won numerous awards
and designations and recently named Best Beach by USA Today.
The continued success of Clearwater’s investment in projects like Beach Walk, Pier 60 renovations and Marina District improvements
only add to the popularity and volume of people visiting Clearwater Beach.
With this influx of people, especially during the peak times of between March 1 and Labor Day, staff is recommending that the Beach
Guard Team be increased by 2.1 FTE’s in order to expand the hours of operations to cover the beach from 9:30 am to 6:30 pm.
Currently the guards are off the beach at 4:30 pm, which leaves the public beaches unattended even while there are still a lot of beach
goers and activities going on at the beach. Extending beach guarding by two hours per day will give residents and visitors to the beach
added security and a sense of safety that is not now being provided.
The current beach guard program is funded through the Parking Fund. Staff is recommending that these new positions be funded with
parking funds as well.
For the remainder of this year, the budget impact will be approximately $52,670; the annual budget impact will be approximately
$79,000.
Type:Other
Current Year Budget?:No Budget Adjustment:Yes
Budget Adjustment Comments:
First quarter budget adjustment from Parking Fund.
Current Year Cost:$52,670 Annual Operating Cost:$79,000
Not to Exceed:$52,670 Total Cost:$52,670
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
Parking Fund $52,670
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
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Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Ratify and confirm the City Manager’s approval of a Customs Power of Attorney (POA), authorizing Lisa Ragan Customs Brokerage to
accept merchandise purchased by the City from Chongqing Arlau Civic Equipment Manufacturing Co., Ltd (Arlau), Chongqing, China;
and approve the City Manager and/or his designee be allowed to sign off on any future customs POA’s if they should arise in the future.
(consent)
SUMMARY:
On August 27, 2013, the Parks and Recreation Department issued Purchase Order BR509161 to Arlau, for stainless steel 316 grade
backless benches and stainless steel removable bollards to be used on Beachwalk.
Unknown to staff, a POA was needed by the customs broker to receive the goods when they come to port in Jamaica, New York,
estimated date of arrival December 5, 2013.
Without the POA, the goods could not enter the United States and there would be additional fines, penalties and storage charges on the
goods.
Therefore, the City Manager approved signing the POA on behalf of the City so that the goods could be received without these
additional costs and additional problems with customs.
This is a standard issue in the shipping industry. By giving the City Manager or his designee the ability to sign off on these standard
POA forms, the City will be better prepared to meet future needs if they should arise.
Review
Approval:
1) Office of Management and Budget 2) Legal 3) Purchasing 4) Legal 5) Clerk 6) Assistant City Manager 7) City
Manager 8) Clerk
Cover Memo
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Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Approve the grant agreement between the City of Clearwater and the State of Florida, Department of State, Division of Cultural Affairs
(FDCA) for the Cultural Facilities Grant in the amount of $1,000,000 for the renovation of the Capitol Theatre, including the filing of a
Restrictive Covenant on the Capitol Theatre property requiring that the facility be used as a cultural facility for ten years from the
effective date of the grant agreement and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City has been awarded a matching grant in the amount of $1,000,000 for the renovation and expansion of the Capitol Theatre
property.
The grant is to be used exclusively by “The City of Clearwater, in partnership with Ruth Eckerd Hall, Inc. (REH), to renovate and
expand the Capitol Theatre properties located in downtown Clearwater” the public purpose for which these funds were appropriated.
The Theatre will be renovated and upgraded to meet modern code and accessibility requirements, and is expected to be completed by
December 18, 2013.
On July 18, 2013 in advance of the approval of this agreement between the City and FDCA, Council approved increasing the Capitol
Theatre budget (CIP315-93623) for the construction of the Capitol Theatre in the amount of $500,000 upon receipt of the $1,000,000
grant and amended the Capitol Theatre Operating Agreement between the City and REH to reflect same.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
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Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Approve second amendment to the Capitol Theatre Operating Agreement (CTOA) between the City of Clearwater (City) and Ruth Eckerd
Hall, Inc. (REH); amending the Capitol Improvement Program by transferring $500,000 of Penny Funds from Fiscal Year 2014/15, Ruth
Eckerd Hall, to the Capitol Theatre budget (CIP 315-93623); and authorize the appropriate officials to execute same.
SUMMARY:
On September 20, 2012, the City entered into the CTOA with REH to renovate and operate the Capitol Theatre Facility located at 401, 403
and 409 Cleveland Street for a period of 30 years.
The CTOA provided funding of the project in the amount not to exceed $7,112,209. On July 18, 2013, the City Council approved an increase
of $500,000 to $7,612,209 based on the anticipated receipt of State funding via the Cultural Facilities Program Grant.
In the City of Clearwater’s Capital Improvement Program, there is $500,000 in Fiscal Year 2014/15 CIP budget that was allocated as a
contingency for the construction of the Capitol Theatre with the intention of using any remaining funds toward the educational center at Ruth
Eckerd Hall.
On October 21, 2013, the City received a letter from Mr. Josh Magidson, Chairman, and Mr. Zev Buffman, President/CEO of Ruth Eckerd
Hall, Inc. requesting the use of this contingency for the construction of the Capitol Theatre.
This $500,000 was dedicated through Penny for Pinellas, and requires a Public Hearing for this change. The public hearing notice was
advertised on November 20, 2013.
A first quarter budget amendment will transfer the remaining $500,000 budgeted for the Ruth Eckerd Hall Capitol Theatre contingency and
the expansion of the learning center to project 315-93623, Capitol Theatre.
The project is currently under construction, and is estimated to be completed by December 18, 2013. All other terms and conditions of the
original agreement will remain in full force and effect.
Type:Capital expenditure
Current Year Budget?:No Budget Adjustment:Yes
Budget Adjustment Comments:
Recommend transferring $500,000 at first quarter.
Current Year Cost:$500,000 Annual Operating Cost:-0-
Not to Exceed:$500,000 Total Cost:$500,000
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
Penny for Pinellas $500,000 FY 2014/15 Penny for Pinellas
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:None
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 11
Attachment number 1 \nPage 1 of 3
Item # 11
Attachment number 1 \nPage 2 of 3
Item # 11
Attachment number 1 \nPage 3 of 3
Item # 11
CITY OF CLEARWATER
NOTICE OF PUBLIC HEARING
PENNY FOR PINELLAS PROJECTS
CITY COUNCIL MEETING
December 5, 2013
6:00 p.m.
A public hearing will be held by the City of Clearwater, in City Council Chambers, in City Hall, 3rd
floor, 112 South Osceola Avenue, Clearwater, Florida, regarding the use of Penny for Pinellas funding for
the following projects:
Significant changes to the plan include:
· Ruth Eckerd Hall – The balance of $500,000 to provide funds for the expansion of the
PACT learning center (Marsha P. Hoffman Institute of Performing Arts) is proposed to
be reduced to $0 with the transfer of these funds to the Capitol Theatre project
· Capitol Theatre – This project proposes additional funding $500,000 transferred from the
Ruth Eckerd Hall project to provide major renovations and improvements to the Capitol
Theatre.
Interested parties may appear and be heard at the hearing or file written notice of approval or objection
with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the
Council, with respect to any matter considered at such hearing, will need a record of the proceedings and,
for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105.
All individuals speaking on public hearing items will be sworn in.
Rosemarie Call, CMC City of Clearwater
City Clerk P.O. Box 4748, Clearwater, FL 33758-4748
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS &
LEGISLATIVE SERVICES DEPARTMENT. ANY PERSON WITH A DISABILITY
REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS
MEETING SHOULD CALL THE OFFICIAL RECORDS & LEGISLATIVE SERVICES
DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090.
Ad: 11/20/13
Attachment number 2 \nPage 1 of 1
Item # 11
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Approve renewal of a License Agreement between the City of Clearwater, referred to as the Licensor, and the United States Coast
Guard Auxiliary Flotilla 11-1, referred to as the Licensee, to utilize space located at 645 Pierce Street on an intermittent basis for the
period January 1, 2014 through June 30, 2014, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Licensor and Licensee entered into an Agreement for the Licensee to intermittently utilize space located at 645 Pierce Street. The
agreement will expire on December 31, 2013.
The Licensor and the Licensee would like to continue the Agreement for an additional six-month period, commencing January 1, 2014
through June 30, 2014.
The City of Clearwater will be granting to Licensee a license to occupy and use the Premises, subject to all the terms and conditions
stated or referenced in the Agreement to include available parking areas.
All activities of the Parties under the Agreement will be carried out in accordance with the terms and conditions outlined in the
document.
The Agreement will remain in effect for the period, January 1, 2014 through June 30, 2014, while the Licensee is conducting its
monthly meetings and the public education programs listed in paragraph 5. C. of the Agreement and may be amended or modified by
the mutual written consent of the Parties’ authorized representatives.
The Clearwater Police Department shall, at all times, have priority use of the Premises for its own needs and may cancel any meeting or
program referred to in paragraph 5. C. due to an emergency necessitating the use of the Premises.
The Agreement may be terminated at any time, upon thirty days written notification by either party.
There are no costs/fees associated with the use of the Premises by the Licensee.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$ 0.00 Annual Operating Cost:$ 0.00
Not to Exceed:Total Cost:$ 0.00
For Fiscal Year: to
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 12
Attachment number 1 \nPage 1 of 4
Item # 12
Attachment number 1 \nPage 2 of 4
Item # 12
Attachment number 1 \nPage 3 of 4
Item # 12
Attachment number 1 \nPage 4 of 4
Item # 12
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Approve the conveyance of three Distribution Easements to be granted to Duke Energy for the installation of electrical facilities within
three separate city construction projects, to be executed and recorded at such time as the as-built locations of such facilities are
available; and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Duke Energy (Duke) will be installing facilities in support of three separate city construction projects. Duke will
install the facilities under right-of-entry permits granted by the City Engineer. Staff is requesting that Council
approve the easements at this time; however, the easements shall not be executed and recorded until each
facilities installation is complete and as-built diagrams may accurately reflect facilities location as an exhibit to
each easement. The proposed easements will grant Duke the appropriate authority to install, operate and
maintain its facilities in support of the following City projects:
City Project 13-0033-EN - Lights will be installed at the Clearwater Beach Marina parking lot located at 45
Causeway Boulevard. The new lighting will provide for improved safety conditions and will also allow the
City to generate additional revenue by expanding parking-enforcement hours.
City Project 09-0039-FD – Facilities will be installed to provide service to Fire Station 45 currently under
construction at 1140 Court Street.
City Project 10-0039-UT – The City will be installing a production well at the McMullen Tennis Complex located
at 1000 Edenville Avenue. The existing test production well will be converted to a production well to provide
raw water to R.O. Plant No. 2.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 13
This document prepared by Kristy Parker
Return to: Duke Energy - Support Services
3300 Exchange Place, NP4A
Lake Mary, FL 32746
SEC: 08 TWP: 29S RGE: 15E COUNTY: PINELLAS PROJECT: CW-13-540455
GRANTOR: CITY OF CLEARWATER
SITE ADDRESS: 45 CAUSEWAY BLVD. CLEARWATER, FL 33767
TAX PARCEL NUMBER: 08/29/15/15606/000/0100
DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and
assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does
hereby grant and convey to DUKE ENERGY FLORIDA, INC., d/b/a DUKE ENERGY, a Florida corporation
(“GRANTEE”), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, an
easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing
electric energy and, said facilities being located in the following described “Easement Area” within GRANTOR’S
premises in Pinellas County, to wit:
Utility Easement more particularly described on Exhibit “A” attached hereto and by
this reference made a part hereof.
The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE
to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby
agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction,
repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation,
operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the
voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the
Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE,
endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the
reasonable right for GRANTEE to request that GRANTOR trim or remove any trees or vegetation adjacent to, but
outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe
and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter
upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted;
and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient
installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the
purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the
provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said
easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights
granted to GRANTEE herein.
GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be
located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed
so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on
the opening side, six (6) feet on the back for working space and three (3) fe et on all other sides of any pad mounted
transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s
Attachment number 1 \nPage 1 of 9
Item # 13
facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities
to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that (a) GRANTOR shall
reimburse GRANTEE the full actual cost of the relocation, and (b) GRANTOR shall execute and deliver to
GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the
completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such
relocation. If this easement is being granted to provide electric service to GRANTOR, then this legal description was
provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay
for any relocation costs necessary or shall amend this legal description to cover the actual facilities. Should this
easement be granted to provide electric service to a third party, GRANTEE shall provide the legal description and
GRANTOR shall not have any liability related to errors in the legal description.
GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in
GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28
and hold GRANTEE harmless from damages and injuries, whether to persons or property, arising directly from the
negligent act related to GRANTEE’s facilities by GRANTOR or by GRANTOR’ s agents or employees.
Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute
768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be
construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or
as a waiver of sovereign immunity.
GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses,
claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise
reasonable care in the construction, reconstruction, operation, use or maintenance of GRANTEE's facilities located on
the above described easement.
GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the
premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful
authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful
possession, use and enjoyment of this easement.
All covenants, terms, provisions and conditions herein contained s hall inure and extend to and be obligatory
upon the heirs, successors, lessees and assigns of the respective parties hereto .
Attachment number 1 \nPage 2 of 9
Item # 13
IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name
by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this
_____ day of ___________________________, 2013.
GRANTOR:
Countersigned:
_________________________________ By: _______________________________
George N. Cretekos, Mayor William B. Horne, II, City Manager
Approved as to form: Attest:
____________________________ ____________________________
Laura Mahony Rosemarie Call, City Clerk
Assistant City Attorney
State of Florida )
) ss
County of Pinellas )
BEFORE ME, the undersigned, personally appeared George N. Cretekos and William B. Horne, II, the
Mayor and City Manager, respectively, of the City of Clearwater, Florida, who executed the foregoing instrument and
acknowledged the execution thereof to be their free act and deed for the use and purpose herein set forth, and who are
personally known to me.
WITNESS my hand and official seal this _______ day of _____________________, 2013
____________________________________ My commission expires:
Notary Public
Print/Type Name ______________________
Attachment number 1 \nPage 3 of 9
Item # 13
This document prepared by Kristy Parker
Return to: Duke Energy - Support Services
3300 Exchange Place, NP4A
Lake Mary, FL 32746
SEC: 15 TWP: 29S RGE: 15E COUNTY: PINELLAS PROJECT: CW-13-481712
GRANTOR: CITY OF CLEARWATER
SITE ADDRESS: 1140 COURT STREET, CLEARWATER, FL. 33756
TAX PARCEL NUMBER:
DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and
assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does
hereby grant and convey to DUKE ENERGY FLORIDA, INC., d/b/a DUKE ENERGY, a Florida corporation
(“GRANTEE”), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, an
easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing
electric energy and, said facilities being located in the following described “Easement Area” within GRANTOR’S
premises in Pinellas County, to wit:
Utility Easement more particularly described on Exhibit “A” attached hereto and by
this reference made a part hereof.
The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE
to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby
agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction,
repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation,
operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the
voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the
Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE,
endanger or interfere with the safe and efficient installation, operation or maintenance of said fa cilities; (d) the
reasonable right for GRANTEE to request that GRANTOR trim or remove any trees or vegetation adjacent to, but
outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe
and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter
upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted;
and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient
installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the
purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the
provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said
easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights
granted to GRANTEE herein.
GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be
located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be pl aced
so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on
the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted
transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s
Attachment number 1 \nPage 4 of 9
Item # 13
facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities
to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that (a) GRANTOR shall
reimburse GRANTEE the full actual cost of the relocation, and (b) GRANTOR shall execute and deliver to
GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon th e
completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such
relocation. If this easement is being granted to provide electric service to GRANTOR, then this legal description was
provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay
for any relocation costs necessary or shall amend this legal description to cover the actual facilities. Should this
easement be granted to provide electric service to a third party, GRANTEE shall provide the legal description and
GRANTOR shall not have any liability related to errors in the legal description.
GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in
GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28
and hold GRANTEE harmless from damages and injuries, whether to persons or property, arising directly from the
negligent act related to GRANTEE’s facilities by GRANTOR or by GRANTOR’ s agents or employees.
Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute
768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be
construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or
as a waiver of sovereign immunity.
GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses,
claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise
reasonable care in the construction, reconstruction, operation, use or maintenance of GRANTEE's facilities located on
the above described easement.
GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the
premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful
authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful
possession, use and enjoyment of this easement.
All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory
upon the heirs, successors, lessees and assigns of the respective parties hereto .
Attachment number 1 \nPage 5 of 9
Item # 13
IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name
by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this
_____ day of ___________________________, 2013.
GRANTOR:
Countersigned:
_________________________________ By: _______________________________
George N. Cretekos, Mayor William B. Horne, II, City Manager
Approved as to form: Attest:
____________________________ ____________________________
Laura Mahony Rosemarie Call, City Clerk
Assistant City Attorney
State of Florida )
) ss
County of Pinellas )
BEFORE ME, the undersigned, personally appeared George N. Cretekos and William B. Horne, II, the
Mayor and City Manager, respectively, of the City of Clearwater, Florida, who executed the foregoing instrument and
acknowledged the execution thereof to be their free act and deed for the use and purpose herein set forth, and who are
personally known to me.
WITNESS my hand and official seal this _______ day of _____________________, 2013
____________________________________ My commission expires:
Notary Public
Print/Type Name ______________________
Attachment number 1 \nPage 6 of 9
Item # 13
This document prepared by Kristy Parker
Return to: Duke Energy - Support Services
3300 Exchange Place, NP4A
Lake Mary, FL 32746
SEC: 18 TWP: 29S RGE: 16E COUNTY: PINELLAS PROJECT: CW-13-527456
GRANTOR: CITY OF CLEARWATER
SITE ADDRESS: 1000 EDENVILLE AVENUE, CLEARWATER, FL. 33764
TAX PARCEL NUMBER: 18/29/16/00000/430/0500
DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and
assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does
hereby grant and convey to DUKE ENERGY FLORIDA, INC., d/b/a DUKE ENERGY, a Florida corporation
(“GRANTEE”), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, an
easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing
electric energy and, said facilities being located in the following described “Easement Area” within GRANTOR’S
premises in Pinellas County, to wit:
Utility Easement more particularly described on Exhibit “A” attached hereto and by
this reference made a part hereof.
The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE
to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby
agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction,
repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation,
operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the
voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the
Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE,
endanger or interfere with the safe and efficient installation, operation or maintenance of said fa cilities; (d) the
reasonable right for GRANTEE to request that GRANTOR trim or remove any trees or vegetation adjacent to, but
outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe
and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter
upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted;
and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient
installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the
purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the
provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said
easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights
granted to GRANTEE herein.
GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be
located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed
so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on
the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted
transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s
Attachment number 1 \nPage 7 of 9
Item # 13
facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities
to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that (a) GRANTOR shall
reimburse GRANTEE the full actual cost of the relocation, and (b) GRANTOR shall execute and deliver to
GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the
completion of the relocation, the easement herein shall be considered cancelled as to the por tion vacated by such
relocation. If this easement is being granted to provide electric service to GRANTOR, then this legal description was
provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay
for any relocation costs necessary or shall amend this legal description to cover the actual facilities. Should this
easement be granted to provide electric service to a third party, GRANTEE shall provide the legal description and
GRANTOR shall not have any liability related to errors in the legal description.
GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in
GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28
and hold GRANTEE harmless from damages and injuries, whether to persons or property, arising directly from the
negligent act related to GRANTEE’s facilities by GRANTOR or by GRANTOR’ s agents or employees.
Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute
768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be
construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or
as a waiver of sovereign immunity.
GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses,
claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise
reasonable care in the construction, reconstruction, operation, use or maintenance of GRANTEE's facilities located on
the above described easement.
GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the
premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful
authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful
possession, use and enjoyment of this easement.
All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory
upon the heirs, successors, lessees and assigns of the respective parties hereto .
Attachment number 1 \nPage 8 of 9
Item # 13
IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name
by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this
_____ day of ___________________________, 2013.
GRANTOR:
Countersigned:
_________________________________ By: _______________________________
George N. Cretekos, Mayor William B. Horne, II, City Manager
Approved as to form: Attest:
____________________________ ____________________________
Laura Mahony Rosemarie Call, City Clerk
Assistant City Attorney
State of Florida )
) ss
County of Pinellas )
BEFORE ME, the undersigned, personally appeared George N. Cretekos and William B. Horne, II, the
Mayor and City Manager, respectively, of the City of Clearwater, Florida, who executed the foregoing instrument and
acknowledged the execution thereof to be their free act and deed for the use and purpose herein set forth, and who are
personally known to me.
WITNESS my hand and official seal this _______ day of _____________________, 2013
____________________________________ My commission expires:
Notary Public
Print/Type Name ______________________
Attachment number 1 \nPage 9 of 9
Item # 13
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TAXING AUTHORITY:
CLEARWATER
08/29/15
Attachment number 2 \nPage 1 of 3
Item # 13
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OPERATION CENTER:
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CLEARWATER
S-T-R:15/29/15
Attachment number 2 \nPage 2 of 3
Item # 13
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#DNUM BER Missing#Duke Energy - Florida Region PRE-JOB SAFETY BRIEFING REQUIRED BEFORE STARTING WORK
DRAWN BY:Stockton, Brett
DATE:10/4/2013
TRUCK ACCESS:OPEN
BREAKER:C657
UPSTREAM PROTECTION DEVICE
SUBSTATION BREAKER
WORK
REQUEST:527456
OPERATION CENTER:
TA:
CLEARWATER
CW58
LAT LONG:
SHEET
1
1
OF
JOB TYPE:COMNB
1000 EDENVILLE AVE
CLEARWATER, FL 33764
27.95323, -82.73423S-T-R:
TAXING AUTHORITY:
CLEARWATER
18/29/16
Attachment number 2 \nPage 3 of 3
Item # 13
Clearwater Beach M arinaParking Lot
Fire Statio n 45
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LOCATION MAP
JB TM 11/14/2013Map Gen B y:Reviewed By:Date:
Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
3 DISTRIBUTION EASEMENTSTO DUKE ENERGY
N.T.S.Scale :
Document Path: V:\GIS\Engin eering\Location Maps\Duke Energy Easements.m xd
Attachment number 3 \nPage 1 of 1
Item # 13
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Approve selection of Ajax Building Corporation of Oldsmar, FL as the Construction Manager at Risk (CM at Risk) for the proposed
Countryside Branch Library project (11-0059-LI). (consent)
SUMMARY:
The City issued RFQ 25-13 in July 2013 for CM at Risk firms for the Countryside Branch Library project. Nine
firms responded.
The review committee included representatives of the Library, Solid Waste/General Services, Parks and
Recreation, Engineering and the Harvard Jolly project architect, as a non-voting member.
The selection committee chose four firms for oral presentations including Ajax Building Corporation, Creative
Contractors, Inc., Biltmore Construction Co., Inc., and A.D. Morgan Corporation. A portion of the oral
presentations addressed specific questions the city sent to the firms in advance. The Review Committee
recommends Ajax Building Corporation (Ajax) for the following reasons:
· The large number of library projects they have completed (50+), many with Harvard Jolly.
· Approximately 95% of their work is municipal.
· Ajax included numerous ideas to involve the community during the construction process. They will provide a
webcam enabling the public to view real time construction photos linked to the city website.
· Ajax was the only firm that pointed out their installed equipment would have Quick Response labels, allowing
Building and Maintenance staff to electronically access warranty and operation and maintenance manuals.
· Ajax was the only firm that included in their presentation that they link construction photos to the as-builts,
enabling Building and Maintenance staff to have record of the interior of walls etc., before the walls are
enclosed.
Ajax will provide preconstruction services under a Purchase Order including design review and construction cost
estimating. Once design approaches final construction documents, staff will present a guaranteed maximum price
contract to Council for approval.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 14
Request for Qualifications (RFQ #25-13)
Construction Management @ Risk Services for Countryside Branch Library
City Project #11-0059-LI
July 24, 2013
City of Clearwater – Engineering Department
100 S. Myrtle Avenue, Room #220
Post Office Box 4748
Clearwater, Florida 33758-4748
Attachment number 1 \nPage 1 of 27
Item # 14
Sealed Statements of Qualifications will be received by the Purchasing Manager, at the
Purchasing Office, located at the Municipal Services Bldg., 100 South Myrtle Ave., 3rd Floor,
Clearwater, Florida 33756-5520, until 4:00 P.M. on August 23, 2013.
The City of Clearwater requests qualifications from Construction Management at Risk (CM)
firms for Construction of the Countryside Branch Library on Sabal Springs Drive, adjacent to the
Countryside Recreation Center in Clearwater, FL.
Copies of the Request for Qualifications for this project are available for prospective firms at the
Municipal Services Bldg., Purchasing Division, 3rd Floor, 100 So. Myrtle Ave., Clearwater,
Florida, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, beginning July 24,
2013, until no later than close of business, five (5) days preceding the submittal deadline. The
documents are also available through the City’s website:
http://www.myclearwater.com/apps20/cityprojects/invitationtobid.aspx
The right is reserved by the City Manager of the City of Clearwater, Florida, to reject any or all
Statements of Qualifications.
The City of Clearwater, Florida
William B. Horne, II, City Manager
Attachment number 1 \nPage 2 of 27
Item # 14
1. INTRODUCTION
SPECIFIC QUALIFICATIONS: Construction Management (CM) firms should have relevant
successful experience at cost effectively performing Construction Management at Risk services
on continuing contracts with public agencies. The selected CM must demonstrate that they can
bring multiple qualified and competitive subcontractors in all related construction trades for
successful project delivery. The CM must be capable of supplying workers that meet Florida
Department of Law Enforcement criminal history background checks.
COMPETITIVE SELECTION: Selection of finalists for interviews will be based on
construction manager qualifications listed below.
The CM responses to the RFQ 25-13 are evaluated on the following criteria:
1. Related building experience (particularly Libraries) (30%)
2. Scheduling, cost control, value engineering (25%)
3. Project staff and availability (20%)
4. Knowledge of local conditions, permitting processes, etc. (15%)
5. Clearwater business and community involvement (5%)
6. Costs for rendered services (5%)
Firms must be licensed in the State of Florida at the time of submittal. Further, if a corporation,
the firm must be registered by the Florida Department of State, Division of Corporations. The
selection will be made in accordance with 255.32 F.S. and the procedures and criteria of the City
of Clearwater.
INTERVIEWS: The Selection Committee may conduct interviews with firms deemed to be
most highly qualified regarding their qualifications to include: related construction experience;
ability to furnish the required services; scheduling of projects; cost control/value engineering;
overall approach/ methodology to the project; proposed project staff; knowledge of local codes,
ordinances, local subcontractors and suppliers; and references from prior clients on relevant
projects within the last five years
The Review Committee’s decision in qualification of prospective firms shall be final. The City
reserves the right to, at its sole discretion, accept or reject any and all submittals, request
clarifications from any prospective firm amend or modify the terms of the RFQ or re-issue the
RFQ if such action is in the best interest of the City. The overall project schedule is outlined in
Section Eight of this document.
If there is any doubt as to the true meaning of any part of this RFQ or if any discrepancies in or
omissions from this RFQ 25-13 are discovered, a written request for an interpretation or
correction may be submitted to the Purchasing Manager: michael.murray@myclearwater.com for
response. Written requests may be forwarded to Purchasing Manager, 100 South Myrtle Ave.,
3rd Floor, Clearwater, FL 33756-5520, or faxed to (727) 562-4635. The company submitting
the request will be responsible for delivery no later than seven (7) calendar days before the
submittal due date. Any clarification or correction of this RFQ will be made only by written
addendum. Any addendum(s) will be posted to the City’s website. Contractors responsibility to
check website before submitting proposals. The City will not be responsible for any other
explanation or interpretations of the documents.
2
Attachment number 1 \nPage 3 of 27
Item # 14
PROJECT SUMMARY
The proposed project is the construction of a new Branch Library in the Countryside area on
Sabal Springs Drive, Clearwater, FL. See attached schematic site plan. The proposed new, one-
story, 22,500 GSF library will be constructed to the east of the existing Countryside Recreation
Center building.
2. RFQ SUBMITTALS:
Interested firms should state the interest and qualifications for this project by submitting one
electronic and six printed copies of the following:
1. A letter of interest summarizing the key points of qualifications to complete the
construction of Countryside Branch Library (2 page limit).
2. Examples of similar completed projects, particularly libraries (4 page limit).
3. Examples of project reporting systems, scheduling and value engineering for similar
projects (2 page limit).
4. Resumes of proposed staff and staff organization (3 page limit).
5. A summary of knowledge of local conditions, availability of materials and labor,
permitting processes, local codes and ordinances, etc. (2 page limit).
6. A summary of the firm’s Clearwater business and community involvement (1 page limit).
7. Proposed cost for pre-construction services, as a percentage of Guaranteed Maximum
Price (GMP). A proposal of the cost for construction phase service as a percentage of
(GMP). Include with this an estimated construction duration and percent markup for
subcontractor change order, if any (2 page limit).
8. A copy of the firm’s current Florida Department of Business and Professional
Regulation’s License.
9. If the firm is a corporation, a copy of the current Florida Corporation Registration.
3. SELECTION PROCESS:
The City Project Review Committee will consist of representatives from the City of Clearwater
Engineering Department; City of Clearwater Library Department; City of Clearwater
General Services Department; and City of Clearwater Parks and Recreation Department;
and will review the RFQ submittals and select three to five firms who may be asked to give oral
presentations/interviews. Those firms not selected will be notified.
Firms selected for oral presentations/interviews, will be given advance notice to prepare. The
interviews will be held in Clearwater over a one- or two-day schedule. A decision following the
interviews will be made within five (5) working days of the last interview.
4. CONDITIONS:
The City reserves the right to accept and/or reject any or all submittals; to waive any irregularity,
variance, or informality whether technical or substantial in nature; and to negotiate with all
qualified firms in keeping with the best interests of the City. An award resulting from this
request shall be negotiated with the firm(s) whose proposal and presentation is determined to
most advantageous to the City of Clearwater.
3
Attachment number 1 \nPage 4 of 27
Item # 14
5. MAIL OR DELIVER COMPLETED RESPONSES TO:
Michael Murray, Purchasing Manager
Mailing Address:
P. O. Box 4748
Clearwater, FL 33758-4748
Municipal Services Building, 100 South Myrtle Avenue (3rd floor), Clearwater, FL 33756 - 5520
All proposals must be received no later than 4:00 p.m. local time August 23, 2013. The City
assumes no responsibility for responses received after the stated time and date, or at any office or
location other than that specified herein, whether due to mail delays, courier mistake,
mishandling or any other reason. Late responses will be held unopened and not considered for
award.
6. INSURANCE REQUIREMENTS:
See Exhibit “A” attached.
7. DISTRIBUTION:
This RFQ is being mailed to firms that have contacted the City and those that are believed to
have the experience needed for this project. The project is also being advertised per City of
Clearwater purchasing policies and being made available online through the City’s website and
electronic plan room.
8. PROJECT SCHEDULE
1) Release date of RFQ July 24, 2013
2) Due date of RFQ August 23, 2013
3) Short-list Selection September 6, 2013
4) Oral Presentations September 9, 2013 (week of)
5) Selection Committee Recommendation September 13, 2013
8. GENERAL CLAUSES
OPENNESS OF PROCUREMENT PROCESS
Written response, other submissions, correspondence, and all records made thereof, as well as
negotiations conducted pursuant to this request, shall be handled in compliance with Chapters 119
and 286, Florida Statutes. The City gives no assurance as to the confidentiality of any portion of the
qualifications once submitted.
RETENTION AND DISPOSAL OF RESPONSE
The City reserves the right to retain all submitted responses for official record purposes. The City
also reserves the right to dispose of any or all copies of responses in whatever manner it deems
appropriate. No copies of responses will be returned to the firm.
4
Attachment number 1 \nPage 5 of 27
Item # 14
ERRORS AND OMISSIONS
Once a response is presented, the City shall not accept any requests by any firm to correct errors or
omissions in any calculations submitted.
RESERVED RIGHT
The City reserves the right to accept or reject any and/or all submissions/proposals, to waive
irregularities and technicalities, and to request resubmission. Any sole response received the first
submission date may or may not be rejected by the City depending on available competition and
timely needs of the City. The City shall be the sole judge of the submission/proposal and the
resulting negotiated agreement that is in its best interest and its decision shall be final. In addition,
the City reserves the right to make such investigation, as it deems necessary to determine the ability
of any responder to perform the work or service requested. The responder shall provide information
the City deems necessary to make this determination.
CONFLICT OF INTEREST
Any prospective firm should make an affirmative statement in its proposals to the effect that, to its
knowledge, its retention would not result in a conflict of interest with any party. Alternatively,
should any potential conflict exist, the prospective firm should specify the party with which there
might be a conflict, the nature of the potential conflict, and the means proposed to resolve such
conflict.
RIGHT TO PROTEST
Any actual or prospective responder who is aggrieved in connection with the solicitation or award
of a contract may seek resolution of its complaints by contacting the Purchasing Manager.
NO COLLUSION
By offering a submission to the RFQ, the responder certifies and in the case of a joint
submission/proposal each party thereto certifies as to its own organization, that in connection with
the submission/proposal:
a. No attempt has been made or will be made by the responder to induce any other person or
firm to submit or not to submit a submission/proposal for the purpose of restricting
competition; and
b. The only person(s) or principal(s) interested in this submission/proposal are named therein
and that no person other than those therein mentioned has/have any interest in this
submission/proposal or in the agreement to be entered into; and
c. No person or agency has been employed or retained to solicit or secure this agreement upon
an agreement or understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or established commercial agencies maintained by the
purchaser for the purpose of doing business.
5
Attachment number 1 \nPage 6 of 27
Item # 14
APPROPRIATIONS CLAUSE
The City, an entity of government, is subject to the appropriation of funds by its legislative body in
an amount sufficient to allow continuation of its performance in accordance with the terms and
conditions of this contract for each and every fiscal year following the fiscal year in which this
contract is executed and entered into and for which this contract shall remain in effect. The City
shall, upon receipt of notice that sufficient funds are not available to continue its full and faithful
performance of this contract, provide written notice to the Contractor of such event and effective
thirty (30) days after giving such notice or upon the expiration of the period of time for which funds
were appropriated, whichever occurs first, be thereafter released at all further obligations in any way
related to the contract.
PUBLIC RECORDS REQUIREMENTS:
The successful bidder/contractor will be required to comply with Section 119.0701, Florida
Statues (2013), specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
the City of Clearwater in order to perform the service;
(b) Provide the public with access to public records on the same terms and conditions that
the City of Clearwater would provide the records and at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law;
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law; and
(d) Meet all requirements for retaining public records and transfer, at no cost, to the City
of Clearwater all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the
information technology systems of the City of Clearwater.
PUBLIC ENTITY CRIMES
Pursuant to Florida Statute 287-132-133, effective July 1, 1989, the City of Clearwater, as a
public entity, may not accept any proposal from, award any contract to, or transact any business
in excess of the threshold amount provided in Section 287.017, F.S., for Category Two (currently
$35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from
the date that person or affiliate was placed on the convicted vendor list unless that person of
affiliate has been removed from the list pursuant to Section 287.133 (3)(f), F.S. If you submit a
proposal in response to this request, you are certifying that Florida Statute 287.132 and 287.133
does not restrict your submission.
6
Attachment number 1 \nPage 7 of 27
Item # 14
GENERAL TERMS AND CONDITIONS:
a) All responses become property of the City of Clearwater.
b) The City will not reimburse the respondent for any costs associated with the
preparation, submittal, or presentation of their responses to this request.
c) The respondent acknowledges that all information contained within its response is part
of the public domain as defined by State of Florida Sunshine and Public Record Laws.
The City gives no assurance as to confidentiality of any portion of any proposal once
submitted.
d) The awards made pursuant to this RFQ are subject to the provisions of Chapter 112,
Part III, Florida Statutes. All respondents must disclose with their responses the name
of an officer, director, owner, or agent who is also an employee of the City of
Clearwater.
Respondents, their agents, and associates shall refrain from contacting or soliciting any City
officials regarding this RFQ during the selection process. Failure to comply with this provision
may result in disqualification of the respondent, at the option of the City. Only Michael Murray
may be contacted.
e) There shall be no discrimination as to race, sex, color, creed, handicaps, or national
origin in the operations conducted under this engagement.
f) Due care and diligence has been exercised in the preparation of this RFQ, and all
information contained herein is believed to be substantially correct. However, the
responsibility for determining the full extent of the services rests solely with those
making responses. Neither the City nor its representatives shall be responsible for any
error or omission in this response, nor for the failure on the part of the respondents to
determine the full extent of the exposures.
g) Preference will be given to those responses in full or substantially full compliance with
the requested information in this document.
h) Each respondent is responsible for full and complete compliance with all laws, rules,
and regulations including those of the Federal Government, the State of Florida, and
the City of Clearwater. Failure or inability on the part of the respondent to have
complete knowledge and intent to comply with such laws, rules, and regulations shall
not relieve any respondent from its obligation to honor its response and to perform
completely in accordance with its response.
i) Any interpretation, clarification, correction, or change to the RFQ will be made by
written addendum issued by the City’s Purchasing Manager. Any oral or other type of
communication concerning the RFQ shall not be binding unless issued by the City in
the form of an addendum.
7
Attachment number 1 \nPage 8 of 27
Item # 14
j) Responses must be signed by an individual of the respondent’s organization legally
authorized to commit the respondent’s organization to the performance of the services
contemplated by this RFQ.
k) The successful respondent shall be required to submit proof of licenses, certifications,
and proofs of insurance as required by the City.
l) The successful respondent shall not be allowed to substitute project team members
named in this response without the written permission of the City.
Documents cited in this document but not attached are available upon request.
8
Attachment number 1 \nPage 9 of 27
Item # 14
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Attachment number 1 \nPage 10 of 27
Item # 14
EXHIBIT “A”
RISK MANAGEMENT / INSURANCE REQUIREMENTS
FOR AGREEMENTS AND CONTRACTS
(REVISED PER RISK MANAGEMENT 1/26/2012)
STATEMENT OF PURPOSE: The City of Clearwater enters into agreements and contracts
for services and/or products with other parties.
Agreements and contracts shall contain Risk Management/Insurance terms to protect the City’s
interest and to minimize its potential liabilities. Whenever applicable, the following terms shall
be included in agreements and contracts.
CITY DEFINED: The term “City” (whenever it may appear in this Exhibit) is defined to mean
the City of Clearwater itself, its Council, the Community Redevelopment Agency of the City of
Clearwater, a Florida governmental agency created pursuant to Part III, Chapter 163, Florida
Statute, its duly appointed officers, or other public bodies, officers, employees, volunteers,
representatives and agents.
OTHER PARTY DEFINED: The term “Other Party” (whenever it may appear in this Exhibit)
is defined to mean the other person or entity which is a party to an agreement or contract with the
City, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agents,
contractors, and subcontractors.
HOLD HARMLESS DEFINED: The term “Hold Harmless” (whenever it may appear in this
Exhibit) is defined to mean that the Other Party shall indemnify and hold harmless the City, and
its officers, employees, from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Other Party and other persons employed or utilized by the Other Party in
the performance of this Agreement and any Work Orders issued under this Agreement. (Revised
7/9/12)
PAYMENT ON BEHALF OF CITY DEFINED: The term “Payment on Behalf of City”
(whenever it may appear in this Exhibit) is defined to mean the Other Party agrees to pay on
behalf of the City, and to pay the cost of the City’s legal defense, as may be selected by the City,
for claims or suits arising from the fault of the Other Party or other persons employed or utilized
by the Other Party in performance of the contract. Such payment on behalf of the City shall be
in addition to any and all other legal remedies available to the City and shall not be considered to
be the City’s exclusive remedy. (Revised 7/9/12)
INSURANCE: The Other Party shall, at its own cost and expense, acquire and maintain (and
cause contractors and subcontractors, if utilized, to acquire and maintain) during the term with
the City, sufficient insurance to adequately protect the respective interest of the parties.
Specifically the Other Party 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 the Agreement. These insurance requirements shall
not limit the liability of the Other Party. The City does not represent that these types or amounts
of insurance to be sufficient or adequate to protect the Other Party’s interests or liabilities, but
are merely minimums:
1
Attachment number 1 \nPage 11 of 27
Item # 14
1. COMMERCIAL GENERAL LIABILITY: $1,000,000 per occurrence, including
but not limited to, bodily injury, personal injury, property damage, premises-
operations, products/completed operations, contractual liability, independent
contractors, and liability assumed under an insured contract. If Commercial General
Liability Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. AUTOMOBILE LIABILITY: $1,000,000 per accident combined single limit, for
bodily injury and property damage for any owned, non-owned, hired, or borrowed
automobile.
3. WORKERS’ COMPENSATION: Other Party will obtain and maintain during the
life of this contract, Workers’ Compensation insurance in accordance with the laws of
the State of Florida, for all of Other Party’s employees employed at the site of the
project. Coverage should include Voluntary Compensation and U.S. Longshoremen’s
and Harbor Worker’s Act coverage where applicable.
4. EMPLOYER’S LIABILITY: $100,000 each employee, each accident, and
$100,000 each employee/$500,000 policy limit for disease, and which meets all state
and federal laws. Coverage must be applicable to employees, contractors, and
subcontractors, if any.
5. WATERCRAFT/AIRCRAFT LIABILITY: If the Other Party’s provision of
services involves utilization of watercraft or aircraft, watercraft and/or aircraft
liability coverage must be provided to include bodily injury and property damage
arising out of ownership, maintenance or use of any watercraft or aircraft, including
owned, non-owned and hired.
6. PRODUCTS/COMPLETED OPERATIONS COVERAGE: The Other Party is
required to continue to purchase products contract or agreement, for minimum of
three (3) years beyond the City’s acceptance of renovation or construction projects.
ACCEPTABILITY OF INSURERS: Insurance must be placed with insurers with a current
A.M. Best’s rating of no less than A-VII.
DEDUCTIBLES AND SELF-INSURED RETENTIONS: Any deductibles or self-insured
retentions must be declared to and approved by the City. The City may require the Other Party
to provide proof of ability to pay losses and related investigations, claim administration, and
defense expenses within the retention.
ADDITIONAL INSURED: The City is to be specifically included as an additional insured on
all liability coverage described above except for the Workers’ Compensation and Professional
Liability coverage’s.
OTHER INSURANCE PROVISIONS: The General Liability and Automobile Liability
policies are to contain, or be endorsed to contain, the following provisions:
2
Attachment number 1 \nPage 12 of 27
Item # 14
1. PRIMARY INSURANCE COVERAGE: For any claims related to this Agreement,
the Other Party’s insurance coverage shall be primary insurance as respects the City,
its officers, officials, employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or volunteers shall be excess
of the Other Party’s insurance and shall not contribute to it.
2. RIGHT OF RECOVERY: Except for Workers’ Compensation, the Other Party
waives its right of recovery against the City, to the extent permitted by its insurance
policies.
3. SEVERABILITY OF INTEREST/CROSS LIABILITY PROVISION: The Other
Party shall request that its insurers’ policies include or be endorsed to include a
Severability of Interest/Cross Liability provision so the City will be treated as if a
separate policy were in existence without increasing the policy limits.
4. HOLD HARMLESS/INDEMNIFICATION: The Other Party shall indemnify and
hold harmless the City and its officers, employees, from liabilities, damages, losses,
and costs, including, but not limited to reasonable attorneys’ fees, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the Other Party
and other persons employed or utilized by the Other Party in the performance of this
Agreement and any Work Orders issued under this Agreement. Other Party
acknowledges that it is solely responsible for complying with the terms of the
Agreement or a purchase order or contract arising out of the Agreement. (Revised
7/9/12)
5. NOTICE OF CANCELLATION OR RESTRICTION: Each insurance policy
required by this clause shall be endorsed to state that coverage shall not be canceled
by either party, except after thirty (30) days prior written notice sent via certified
mail, return receipt requested, has been given to the City. It is the Other Party’s
responsibility to ensure the notice requirement is met.
CERTIFICATE OF INSURANCE/CERTIFIED COPIES OF POLICIES: The Other Party,
if selected, will provide the City with a Certificate or Certificates of Insurance showing the
existence of coverage as required by the Agreement. In addition, the Other Party will provide to
the City, if asked in writing, certified copies of all policies of insurance. The Other Party will
maintain the required coverage with a current Certificate or Certificates of Insurance throughout
the term of the Agreement with the City. New certificates and new certified copies of policies
shall be provided to the City whenever any policy is renewed, revised, or obtained from other
insurers.
The address where such certificates and certified policies shall be sent or delivered is as follows:
City of Clearwater
Attention: City Clerk
P.O. Box 4748
Clearwater, FL 33758-4748
3
Attachment number 1 \nPage 13 of 27
Item # 14
CONSIDERATION FOR HOLD HARMLESS/PAYMENT ON BEHALF: The Other Party
agrees to accept, and acknowledges as an adequate amount of remuneration, the consideration of
$100.00 for agreeing to the Hold Harmless, Payment on Behalf of the City, Insurance and
Certificates of Insurance provisions in the Agreement.
SUBCONTRACTORS: Other Party shall require and verify all subcontractors, if used,
maintain insurance, including Workers’ Compensation insurance, subject to all of the
requirements stated herein prior to beginning work.
LOSS CONTROL/SAFETY: Precaution shall be exercised at all times by the Other Party for
the protection of all persons, including employees, and property. The Other Party shall be
expected to comply with all applicable laws, regulations, or ordinances related to safety and
health, and shall make special efforts where appropriate to detect hazardous conditions, and shall
take prompt action where loss control/safety measures should reasonably be expected.
The City may order work to be stopped if conditions exist that present immediate danger to
persons or property. The Other Party acknowledges that such stoppage will not shift
responsibility for any damages from the Other Party to the City.
ADDITIONAL INSURANCE FOR REPAIR OR SERVICE OR OTHER CONTRACTS:
If checked below, the City requires the following additional provisions or types of insurance for
repair or service or other contracts to afford added protection against loss which could affect the
work being performed:
_____ INSTALLATION FLOATER INSURANCE: Installation Floater insurance is to be
provided to cover damage or destruction to equipment being installed or otherwise being
handled or stored by the Other Party. The amount of coverage should be adequate to
provide full replacement value of the equipment being installed, otherwise being handled
or stored on or off premises. All risks coverage is preferred.
_____ MOTOR TRUCK CARGO INSURANCE: If the Installation Floater insurance does
not provide transportation coverage, separate Motor Truck Cargo or Transportation
insurance is to be provided for materials or equipment transported in the Other Party’s
vehicles from place of receipt to building sites or other storage sites. All risks covered
are preferred.
_____ CONTRACTOR’S EQUIPMENT INSURANCE: Contractor’s Equipment insurance
is to be purchased to cover loss of equipment and machinery utilized in the performance
of work by the Other Party. All risks coverage is preferred.
_____ FIDELITY/DISHONESTY INSURANCE-COVERAGE FOR EMPLOYER:
Fidelity/dishonesty insurance is to be purchased to cover dishonest acts of the Other
Party’s employees, including but not limited to theft of vehicles, materials, supplies,
equipment, tools, etc.; especially property necessary to work performed.
_____ FIDELITY/DISHONESTY INSURANCE-COVERAGE FOR CITY:
Fidelity/Dishonesty/Liability insurance is to be purchased or extended to cover dishonest
acts of the Other Party’s employees resulting in loss to the City.
4
Attachment number 1 \nPage 14 of 27
Item # 14
ADDITIONAL INSURANCE FOR RENOVATION OR CONSTRUCTION
CONTRACTS: If checked below, the City requires the following types of insurance for
renovation or construction contracts. This is in addition to the required coverage’s previously
cited and the Additional Insurance for Repair or Service or Other Contracts.
_____ COMMERCIAL GENERAL LIABILITY PROJECT AGGREGATE: Because the
Commercial General Liability form of coverage includes an annual aggregate limitation
on the amount of insurance provided, a separate project aggregate limit is required by the
City for this contract or agreement.
_____ OWNERS PROTECTIVE LIABILITY: For renovation or construction contracts the
Other Party shall provide for the City an Owners Protective Liability insurance policy
(preferably through the Other Party’s insurer) in the name of the City.
__X__ BUILDER’S RISK: Builder’s Risk Insurance is to be purchased to cover all risks of
loss in the complete and full value of the project with no coinsurance penalty provisions.
This insurance shall insure the interests of the City, the Other Party, and all
subcontractors in the work and shall insure against special form causes of loss (all risk
perils), including collapse during construction, for replacement cost (including fees and
charges of engineers, architects, attorneys and other professionals). The Other Party shall
obtain and maintain similar property insurance on equipment, materials, supplies and
other property and portions of the work stored on or off site or in transit. Builder’s Risk
Insurance shall be endorsed to permit occupancy until such time as the facilities are
completed and accepted by the City and written notice of the fact has been issued by the
City.
PROFESSIONAL LIABILITY, MALPRACTICE AND/OR ERRORS OR OMISSIONS:
If checked below the City requires the following terms and types of insurance for professional,
malpractice, and errors or omissions liability.
__X__ HOLD HARMLESS: The following replaces the previous Hold Harmless wording:
The Other Party shall indemnify and hold harmless the City, and its officers, employees,
from liabilities, damages, losses, and costs, including, but not limited to, reasonable
attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Other Party and other persons employed or utilized by the
Other Party in the performance of this Agreement and any Work Orders issued under
this Agreement. The intent of this includes all claims for financial loss with respect to
the provision of, or failure to, provide professional or other services resulting in
professional, malpractice, or errors or omissions liability arising out of the negligent
performance of this agreement or contract, unless such claims are a result of the City’s
own negligence. (Revised 7/9/12)
__X__ PROFESSIONAL LIABILITY/MALPRACTICE/ERRORS OR OMISSIONS
INSURANCE: The Other Party shall purchase and maintain professional liability or
malpractice or errors or omissions insurance appropriate for the type of business engaged
in by the Other Party with minimum limits of $1,000,000 per occurrence.
5
Attachment number 1 \nPage 15 of 27
Item # 14
If a claims made form of coverage is provided, the retroactive date of coverage shall be
no later than the inception date of claims made coverage, unless prior policy was
extended indefinitely to cover prior acts.
Coverage shall be extended beyond the policy year either by a supplemental extended
reporting period (ERP) of as great a duration as available, and with no less coverage and
with reinstated aggregate limits, or by requiring that nay new policy provide a retroactive
date no later than the inception date of claims made coverage.
WRITTEN AGREEMENT/CONTRACT: Any party providing services or products to the
City will be expected to enter into a written agreement, contract or purchase order with the City
that incorporates, either in writing or by reference, all of the pertinent provisions relating to
insurance and insurance requirements as contained herein. A failure to do so may, at the sole
discretion of the City, disqualify any Party from performing services or selling products to the
City provided, however, the City reserves the right to waive any such requirements.
6
Attachment number 1 \nPage 16 of 27
Item # 14
EXHIBIT “B”
Construction Manager @ Risk Services for Continuing Contracts
This CONTRACT made and entered into this ________ day of ___________________, 2013 by
and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as
the “City” or “Owner”, and , of the ,
County of and State of Florida, hereinafter designated as the
“Construction Manager”. The contracting entities shall collectively be known as the “Parties.”
WITNESSETH:
WHEREAS, the Clearwater City Council has approved using the Construction Manager at Risk
approach on appropriate projects as determined by the City’s Engineering Department; and
WHEREAS, the City desires that the Construction Manager perform the management of the
necessary construction, design, and preconstruction services (collectively referred to as the
Services) on an as-needed basis subject to the terms and conditions set forth in this agreement
and any agreement incorporated into this agreement by reference.
NOW, THEREFORE, IT IS AGREED BY THE PARTIES:
ARTICLE 1: SCOPE OF WORK AND CONTRACT DOCUMENTS
1.1 The Construction Manager and its successors, assigns, executors or administrators, in
consideration of the sums of money, as herein after set forth to be paid by the City to the
Construction Manager, shall and will at its own cost and expense perform all labor, furnish
all materials, tools and equipment for all individual projects assigned as a result of this
contract.
1.2 For each individual project assigned, in accordance with such proposal and technical
supplemental specifications and such other special provisions and drawings, if any, which
will be submitted by the City, together with any advertisement, instructions to bidders,
general conditions, proposal and bond, which may be hereto attached, and any drawings, if
any, which may be herein referred to, are hereby made a part of this contract, and all of said
work to be performed and completed by the contractor and its successors and assigns shall be
fully completed in a good and workmanlike manner to the satisfaction of the City.
1.3 Unless otherwise specified in this contract, all work shall be completed in accordance with
Section III and Section IV of the City of Clearwater Contract Specifications (the
Specifications). For the purposes of this contract, the term Contractor in Section III shall
include the Construction Manager. The Specifications, as may be supplemented and changed,
along with this Contract constitute the “Contract Documents.” In the event there is any
conflict between this Contract and the Specifications, this Contract shall take precedence
except that the GMP PROPOSAL dated _TBD_ is expressly incorporated and made part of
this Agreement. Further, the GMP Proposal shall be determinative and control in the event of
any conflict, discrepancy, absence of information and / or term or condition to the contrary.
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Item # 14
ARTICLE 2: CONSTRUCTION MANAGER’S DUTIES AND STATUS
2.1 The Construction Manager recognizes the relationship of trust and confidence established
between it and the City by this Agreement, and agrees with the City to furnish its best skill
and judgment and the overall supervision of its executives; to furnish efficient business
administration and superintendence; and to use every effort to keep upon the project site at
all times an adequate supply of workforce and materials to secure its execution and
completion in the most expeditious and economical manner.
2.2 The Construction Manager represents that it has made a thorough examination of the
premises and is thoroughly familiar with the conditions under which it is to work.
2.3 The Construction Manager agrees to perform and complete the Services in accordance with
laws, rules, and regulations of all governmental authorities and departments thereof.
2.4 The Construction Manager agrees to cooperate with the City, Architect-Engineer, or any
other Design Professional in all respects, including, but not limited to, providing necessary
preconstruction services, such as evaluation of methods, availability and costs of the various
components of the Services while under design consideration; supervising the Services and
the progress thereof; the coordination of the Services and suggesting changes in the
Services; and supplying information as to costs and availability of materials and methods of
construction in order, amongst other things, to reduce costs wherever the same may be
practicably consistent with the quality of the Services presented in the Contract Documents.
2.5 The Construction Manager agrees to the following:
a) In connection with the performance of work under this Contract, the Construction
Manager agrees not to discriminate against any employee or applicant for
employment because of race, sex, religion, color, or national origin. The aforesaid
provision shall include, but not be limited to, the following employment:
- upgrading
- demotion or transfer
- recruitment or recruitment advertising
- lay-off or termination
- rates of pay or other forms of compensation; and
- selection for training, including apprenticeship
b) The Construction Manager agrees to post hereafter in conspicuous places, available
for employees or applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of the non-discrimination clause.
c) The Construction Manager further 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 commercial supplies or
raw materials.
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Attachment number 1 \nPage 18 of 27
Item # 14
ARTICLE 3: SCOPE OF THE SERVICES
3.1 The services that the Construction Manager shall provide include, but are not limited to
those described in the following sections.
3.2 Reporting - Written reports shall be provided with the monthly pay requests as follows:
a) Monthly Executive Summary which provides an overview of current issues and
pending decisions, future developments and expected achievements, and any
problems or delays, including code violations found by any permitting agency.
b) A Monthly Construction Progress Report that includes a cost narrative, a scheduling
narrative and that summarizes the work of the various subcontractors. This report
shall include information from the weekly job site meetings as applicable such as:
- general conditions
- long lead supplies
- current deliveries
- safety and labor relations programs permits
- construction problems and recommendations; and
- plans for the succeeding month
3.3 Scheduling
a) Upon award of this Contract, the Construction Manager shall submit a master
project schedule covering the planning and design approvals, construction and
Owner occupancy of the Project. This schedule will serve as the framework for the
subsequent development of all detailed schedules. The master project schedule shall
be produced and updated monthly throughout the project.
b) Within thirty (30) days after the date of the Owner’s issuance of a Notice to
Proceed, the Construction Manager shall prepare and submit to the Owner two
copies of a Critical Path Method (CPM) construction schedule graphically depicting
the activities contemplated to occur as a necessary incident to performance of the
work required to complete the project, showing the sequence in which the
Construction Manager proposes for each such activity to occur and duration (dates
of commencement and completion, respectively) of each activity.
c) Following development and submittal of the construction schedule the Construction
Manager shall, at the end of each calendar month during the project, or at such
earlier intervals as circumstances may require, update and/or revise the construction
schedule to show the actual progress of the work performed and the occurrences of
all events which have affected the progress of performance of work already
performed or will affect the progress of the performance of the work yet to be
performed in contrast with the planned progress of performance of such work, as
depicted on the original construction schedule and all updates and/or revisions
thereto as reflected in the updated and/or revised construction schedule last
submitted prior to submittal of each such monthly update and revision. Each such
update and/or revision to the construction schedule shall be submitted to the Owner
in duplicate.
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Attachment number 1 \nPage 19 of 27
Item # 14
d) The Construction Manager shall provide current scheduling information and provide
direction and coordination regarding milestones, beginning and finishing dates,
responsibilities for performance and the relationships of the Construction Manager’s
work to the work of his subcontractors and suppliers to enable them to perform their
respective tasks so that the development of construction progresses in a smooth and
efficient manner in conformance with the overall project schedule. The schedule shall
include all phases of the construction work, material supplies, long lease procurement,
approval of shop drawings, change orders in progress, schedules for change orders, and
performance testing requirements. The Construction Manager shall advise the Owner, its
representatives and the Architect-Engineer of their required participation in any meeting
or inspection giving each at least one week notice unless such notice is made impossible
by conditions beyond his control. The Construction Manager shall hold job-site meetings
at least once each month with the Construction Team and at least once each week with
the subcontractors and the Architect-Engineer’s Field Representative, or more frequently
as required by work progress, to review progress, discuss problems and their solutions
and coordinate future work with all subcontractors.
e) Twice per month corresponding as closely as possible with progress review meetings, a
“two week” look ahead report shall be prepared and submitted to Owner and Architect /
Engineer.
3.4 Design Review and Recommendations
a) The Construction Manager shall familiarize himself thoroughly with the evolving
architectural, civil, mechanical, plumbing, electrical and structural plans and
specifications and shall follow the development of design through Contract Documents.
The Construction Manager shall make recommendations with respect to the selection of
systems and materials, and cost reducing alternatives including assistance to the
Architect-Engineer and Owner in evaluating alternative comparisons versus long term
cost effect. The evaluation shall speak to the benefits of the speed of erection and early
completion of the project. The Construction Manager shall furnish pertinent information
as to the availability of materials and labor that will be required. The Construction
Manager shall submit to the Owner and Architect-Engineer such comments as may be
appropriate concerning construction, feasibility, and practicality. The Construction
Manager shall bring to the Owner and the Architect-Engineer’s attention any apparent
defects in the design, drawing and specifications, or other documents. The Construction
Manager shall prepare an estimate of the construction cost at appropriate milestones
during the design and shall evaluate such estimate with the project budget. The
Construction Manager shall recommend cost saving alternatives, as appropriate, at each
design milestone. At each design milestone the Owner, Architect Engineer and
Construction Manager shall conduct a value engineering review.
b) After receiving the Construction Documents for each phase of the project, the
Construction Manager shall perform a specific review thereof. Promptly after
completion of the review, the Construction Manager shall submit to the Owner, with a
duplicate to the Architect-Engineer, a written report covering suggestions or
recommendations previously submitted, additional suggestions or recommendations as
the Construction Manager may deem appropriate, and all actions taken by the Architect-
Engineer with respect to same, any comments he may deem to be appropriate with
respect to separating the work into separate contracts and/or alternative materials.
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Attachment number 1 \nPage 20 of 27
Item # 14
c) At completion of the Construction Manager’s review of the plans and specifications,
except only as to specific matters as may be identified by appropriate comments pursuant
to this section, the Construction Manager shall warrant, without assuming any
architectural or engineering responsibility, that the plans and specifications are consistent,
practical, feasible and constructible. The Construction Manager shall warrant that the
work described in the plans and specifications for the various bidding packages is
constructible within the scheduled construction time.
d) The Construction Manager shall review the design for the purpose of identifying long
lead procurement items (i.e. machinery, equipment, materials and supplies). When each
item is identified, the Construction Manager shall notify the subcontractors, the Owner,
and the Architect-Engineer of the required procurement and schedule. Such information
shall be included in the bid documents and made a part of all affected sub-contracts. As
soon as the Architect-Engineer has completed drawings and technical specifications and
the Construction Manager has obtained permitting approval, the Construction Manager
shall prepare invitations for bids. The Construction Manager shall keep informed of the
progress of the respective subcontractors or suppliers, manufacturing or fabricating such
items and advise Project Director, Owner and Architect-Engineer of any problems or
prospective delay in delivery.
3.5 Staffing - Key personnel assigned to City projects by the Construction Manager shall not be
removed from the project until alternate personnel acceptable to the City are approved in
writing by the City.
3.6 Soliciting Bids
a) Without assuming responsibilities of the Architect-Engineer, and unless waived in
writing by the Owner, the Construction Manager shall prepare invitations for bids, or
requests for proposal when applicable, for all procurements of long lead items, materials
and services, and for Subcontractor contracts. Such invitations for bids shall be prepared
in accordance with the following guidelines:
i) Contracts totaling $1,000 but not exceeding $10,000 may be entered into by the
Construction Manager with the firm which is qualified and submits the lowest verbal
quotation. The Construction Manager shall obtain a minimum of two (2) verbal
quotations. These quotations shall be entered on a bid tabulation sheet and a copy of
such tabulation sent to the Owner, Architect-Engineer and to each firm. The
successful quotation shall be confirmed by written contract or purchase order to the
low bid firm defining the scope and quality of work to be provided.
ii) Contracts totaling $10,000 but not exceeding $200,000 may be entered into by the
Construction Manager with the firm who is qualified and submits the lowest
responsive proposal. The Construction Manager shall request at least three (3) firms
to submit sealed written proposals based on written drawings and/or specifications.
The written proposals shall all be opened publicly at the location, date and time
named by the Construction Manager in his request for proposal. A tabulation of the
results shall be furnished to the Owner, Architect-Engineer and to each firm.
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Attachment number 1 \nPage 21 of 27
Item # 14
iii) Contracts totaling $200,000 but not exceeding $500,000 may be entered into by the
Construction Manager with the firm who is pre-qualified and submits the lowest
responsive proposal. The Construction Manager shall advertise these projects at least
once with the last advertisement appearing at least 21 calendar days prior to the
established bid opening date. These proposals shall be based on approved plans and
specifications. Bids shall be received and opened publicly at the location, date and
time established in the bid advertisement.
iv) Contracts totaling $500,000 or greater shall be treated the same as described under iii
above except that the advertisement shall be run for at least 30 days prior to the
established bid opening and at least 5 days prior to any scheduled pre-bid conference.
v) Individual purchases of materials or rentals or leases of equipment of up to $999.99
each may be made without bids or quotes when reasonably necessary to expedite
work on the project; however, the Construction Manager shall not divide or separate a
procurement in order to avoid the requirements set forth above.
vi) Site utilities may be acquired at market rates from the entity(ies) providing such in the
franchise area.
b) For each separate construction contract exceeding $35,000, the Construction Manager shall,
unless waived by Owner, conduct a pre-bid conference with prospective bidders, the
Architect-Engineer and the Owner. In the event questions are raised which require an
interpretation of the bidding documents or otherwise indicate a need for clarification or
correction of the invitation, the Construction Manager shall transmit these to the Architect-
Engineer and upon receiving clarification or correction in writing shall prepare an addendum
to the bidding document, and issue same to all of the prospective bidders.
3.7 Quality Control - The Construction Manager shall develop and maintain a program,
acceptable to the Owner and Architect-Engineer that assures quality control of the
construction. The Construction Manager shall supervise the work of all subcontractors
providing instruction to each when their work does not conform to the requirements of the
plans and specifications and shall continue to assert influence and control over each
subcontractor to ensure that corrections are made in a timely manner so as to not affect the
efficient progress of the work. Should disagreement occur between the Construction
Manager, the Owner or the Architect-Engineer over acceptability of work and conformance
with the requirements of the specifications and plans, the Owner shall be the final judge of
performance and acceptability.
3.7 Subcontractor Interfacing - The Construction Manager shall be the single point of interface
with all subcontractors for any work done under this Contract. The Construction Manager
shall negotiate all change orders, field orders and request for proposals, with all affected
subcontractors and shall review the costs of those proposals and advise the Owner and
Architect-engineer of their validity and reasonableness, acting in the Owner’s best interest
prior to requesting approval of each change order from the Owner. Before any work is begun
on any change order, a written authorization from the Owner must be issued. When health
and safety are threatened, however, the Construction Manager shall act immediately to
remove such threat to health and safety. The Construction Manager shall also carefully
review all shop drawings and then forward the same to the Architect-Engineer for review and
actions. The Architect-Engineer will transmit them back to the Construction Manager who
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Attachment number 1 \nPage 22 of 27
Item # 14
will then issue the shop drawings to the affected subcontractor for fabrication or revision.
The Construction Manager shall maintain a record to promote expeditious handling. The
Construction Manager shall request the Architect-Engineer to make interpretations of the
drawings or specifications requested of him by the subcontractors and shall maintain a record
to promote timely response. The Construction Manager shall advise the Owner and
Architect-Engineer when timely response is not occurring on any of the above. The
Construction Manager shall collect, review and submit to the Owner, all project closeout
documentation including operation, maintenance and training manuals.
ARTICLE 4: MAXIMUM PROJECT COST AND FEES FOR SERVICES
4.1 Guaranteed Maximum Price for Construction
a) When the Construction Documents are sufficiently complete to establish the scope of
work for the project or any portion thereof, the Construction Manager will establish and
submit in writing to the Owner for his approval a Guaranteed Maximum Price (GMP)
guaranteeing the maximum price to the Owner, for the construction cost of the project or
designated part thereof. Such Guaranteed Maximum Price will be subject to modification
for changes in the project as provided in article 4.1(e) below. Actual price paid for the
work by the Owner, however, shall be the actual cost of all work subcontracts, supply
contracts, direct labor costs, direct supervision costs and direct job costs, plus the
Construction Manager’s fees or the GMP, whichever is less when the work is complete.
Invoicing shall occur monthly for completed work with 5% retainage withheld until final
completion and acceptance of all work covered in the contract documents in accordance
to the City’s General Conditions.
b) At the time of submission of a Guaranteed Maximum Price, the Construction Manager
will verify the time schedule for activities and work which were adopted and used to
determine the Construction Manager’s cost of work. In addition to the cost of work, a
GMP will include an agreed upon sum as the construction contingency which is included
for the purpose of defraying the expenses due to unforeseen circumstances relating to
construction. The Construction Manager will be required to furnish documentation
evidencing expenditures charged to the contingency prior to the release of funds by the
Owner. If bids are received below the applicable line items in the GMP, the surplus will
be added to the contingency.
c) If bids are received above the applicable line item in the GMP, the deficiency will be
taken from the contingency; however, such occurrence shall not be cause to increase the
GMP.
d) If bids are not received for a portion of the work at or below the applicable line item
amount in the GMP, the Construction Manager reserves the right to perform that portion
of the work as acknowledged by the Owner or negotiate for its performance for the
specified line item lump sum amount or less.
e) The increase or decrease in the Guaranteed Maximum Price resulting from a change in
the Project shall be determined in one or more of the following ways:
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Attachment number 1 \nPage 23 of 27
Item # 14
i. By mutual acceptance of a lump sum properly itemized and supported by
sufficient substantiating data to permit evaluation by the Architect Engineer and
owner;
ii. By unit prices stated in the Agreement or subsequently agreed upon;
iii. If none of the methods is agreed upon, the Construction Manager, provided it has
received a signed written order by the Owner, shall promptly proceed with the
work involved. The cost of such work shall then be determined on the basis of the
reasonable expenditures and savings of those performing the work attributed to
the change. In the event a Change Order is issued under these conditions,
however, the Architect-Engineer will establish an estimated cost of the work and
the Construction Manager shall not perform any work whose cost exceeds that
estimate without prior written approval by the Owner. In such case, the
Construction Manager shall keep and present, in such form as the Owner may
prescribe, an itemized accounting together with appropriate supporting data of the
increase in the Cost of the Project. The amount of decrease in the Guaranteed
Maximum Price to be allowed by the Construction Manager to the Owner for any
deletion or change which results in a net decrease in cost will be the amount of the
actual net decrease;
iv. The Architect-Engineer will have authority to order minor changes in the Project
not involving an adjustment in the Guaranteed Maximum Price or an extension of
the Construction Completion Date and not inconsistent with the intent of the
Drawings and Specifications. Such changes shall be effected by written order.
Documentation of changes shall be determined by the Architect-Engineer.
Changes shall be approved by the Architect-Engineer.
4.2 Construction Manager’s Fee - In consideration of the performance of the contract, the
Owner agrees to pay the Construction Manager as compensation for his services, fees as set
forth below:
4.3 Preconstruction Phase Fee - shall be based on design costs if applicable, constructability
review, value engineering and fee determination of Guaranteed Maximum Price. The fee for
this phase in the amount of $ TBD shall be paid at the negotiated
price upon receipt of the Guaranteed Maximum Price.
a) Construction Phase Fee - Prior to commencement of the Construction Phase, the Owner
will direct the Construction Manager in writing to proceed into the Construction Phase.
The Construction Manager’s compensation for work or service performed during the
Construction Phase shall be a fee of $ TBD . The Construction Phase Fee shall
be invoiced and paid in $ TBD months. Payments will be remitted monthly at
the cost of $ TBD each and one final monthly payment of $ TBD .The
first monthly payment shall become due thirty days following the issuance of the first
Construction Authorization and the final monthly payment shall be paid only when
construction of the project is completed and occupancy of the project accepted by the
Owner. If construction is authorized only for a part of the project, the fee paid shall be
proportionate to the amount of work authorized by the Owner.
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Attachment number 1 \nPage 24 of 27
Item # 14
ARTICLE 5: TERMINATION AND TIME OF THE ESSENCE
5.1 If the Construction Manager is adjudged bankrupt or makes a general assignment for the
benefit of creditors, or if a receiver is appointed on account of its insolvency, or if refuses or
fails, except in cases for which an extension of time is provided, to supply enough properly
skilled workmen or proper materials for the Services, or otherwise be guilty of a substantial
violation of any provision of this Agreement as determined by the certificate of the Architect,
the Owner may, without prejudice and reserving any other right or remedy the Owner may
have, after giving the Construction Manager seven (7) days’ written notice, terminate the
employment of the Construction Manager and take possession of the premises and all
materials, tools, and appliances thereon and finish the Project in whatever manner the Owner
may deem expedient.
5.2 It is mutually agreed between the parties hereby that time is of the essence of this contract,
and in the event that the Substantial Completion Date is not achieved within the time
stipulated herein, it is then further agreed that the City may deduct from such sums or
compensation as may be due to the Construction Manager, the sum of $1,000.00 per day for
each day that the work to be performed by the Construction Manager remains incomplete
beyond the time limit specified herein, which sum of $ 1,000.00 per day shall only and
solely represent damages which the City has sustained by reason of the failure of the
Construction Manager to complete the work within the time stipulated, it being further
agreed that the sum is not to be construed as a penalty but is only to be construed as
liquidated damages for failure of the Construction Manager to complete and perform all work
within the time period as specified in this contract.
ARTICLE 6: INDEMNIFICATION
6.1The Construction Manager and his or its successors and assigns does hereby agree to assume
the defense of any legal action which may be brought against the City as a result of the
Construction Manager’s activities arising out of this contract and furthermore, in
consideration of the terms, stipulations and conditions as contained herein, agrees to hold the
city free and harmless from any and all claims for damages, costs of suits, judgments or
decrees resulting from any claims made under this contract against the city or the contractor
or the contractor’s sub-contractors, agents, servants or employees resulting from activities by
the aforementioned contractor, sub-contractor, agent servants or employees.
6.2 Nothing contained herein shall be construed as a waiver of any immunity from or limitation
of liability the City (Owner) may be entitled to under the doctrine of sovereign immunity or
section 768.28, Florida Statutes.
ARTICLE 7: TITLE TO THE PROJECT
7.1 The title of all work, completed portions of the Project and in the course of construction, and
of all materials on account of which payment has been made shall be in the Owner.
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Attachment number 1 \nPage 25 of 27
Item # 14
ARTICLE 8: ASSIGNMENT
8.1 This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their
respective successors and assigns, except that this Agreement may not be assigned by either
party without the prior written consent of the other party. Any assignment made without such
prior written consent shall not vest rights in the assignee.
ARTICLE 9: ADDITIONAL PROVISIONS
9.1 This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida, and the venue for any dispute under this Agreement shall be an appropriate court
of competent jurisdiction in Pinellas County, Florida.
9.2 Any notice required to be given by the terms and provisions of this Agreement or by any law
or governmental regulation, either by the Owner or Construction Manager, shall be in writing
unless otherwise required by such law or regulation and shall be deemed to have been served
and given when deposited in either Registered or Certified Mail in United States Branch Post
Office, addressed to the party hereto to whom directed, at the address specified in the
Specifications.
9.3 The language in this Agreement shall be construed according to its customary meaning
within the Florida building industry. Whenever used, the singular shall include the plural, the
plural the singular, and the use of any gender shall be applicable to all genders.
9.4 If any provision of the Contract Documents is invalid or unenforceable as against any person
or party, the remainder of the Contract Documents and the applicability of such provision to
other persons or parties shall not be affected thereby.
9.5 Nothing contained in this Agreement shall be construed to mean that the Construction
Manager and Owner are joint ventures or partners.
Public Records Requirements:
The successful bidder/contractor will be required to comply with Section 119.0701, Florida
Statues (2013), specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
the City of Clearwater in order to perform the service;
(b) Provide the public with access to public records on the same terms and conditions that
the City of Clearwater would provide the records and at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law;
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law; and
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Attachment number 1 \nPage 26 of 27
Item # 14
(d) Meet all requirements for retaining public records and transfer, at no cost, to the City of
Clearwater all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the
information technology systems of the City of Clearwater.
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals
and have executed this Agreement, in duplicate, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
Attest:
By: _______________________________ (Seal)
William B. Horne II City Manager
Countersigned:
___________________________________ __________________________________
Rosemarie Call, City Clerk
By:__________________________________ Approved as to form:
George N. Cretekos, Mayor
_________________________________
Camilo Soto, Assistant City Attorney
(Contractor must indicate whether
Corporation, Partnership, company
or Individual) _________________________________
_________________________________
(Contractor)
(The person signing shall, in his own handwriting
sign the Principal’s name, his own name and his
title; where the person is signing for a Corporation By: __________________________(Seal)
he must, by Affidavit, show his authority to bind the
Corporation).
11
Attachment number 1 \nPage 27 of 27
Item # 14
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Continue Development Agreement between Mainstream Partners VIII, LTD (the property owner) and the City of Clearwater, providing
for the allocation of 100 units from the Hotel Density Reserve to an undetermined date. (HDA2013-08004)
SUMMARY:
The applicant is requesting the continuance in order to prepare changes to the Conceptual Site Plan as directed by Council at its
October 16, 2013 meeting. The applicant is not sure when their revised Conceptual Site Plan and Elevations will be ready and is
not ready to commit to a date certain for their next Council hearing.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 15
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Authorize additional funding in the amount of $160,000 for representation of the City by Smolker, Bartlett, Schlosser, Loeb and Hinds
in the matter of Bair v. City of Clearwater. (consent)
SUMMARY:
On September 5, City Council approved outside counsel representation for this case and an initial funding in the
amount of $40,000. To date, the City has gone to mediation with the Plaintiffs, which resulted in an impasse. The
additional funding in the amount of $160,000 is estimated to be sufficient to take the case through trial if necessary.
The details of the case are as follows.
On or about April 2001, the Plaintiffs submitted a building application to Planning and Development to remodel their
property in Island Estates. Because the property is below the 100-year flood elevation and is located in a V flood zone,
the Community Development Code requires any substantial improvements to existing structures to comply with the
flood damage-resistance provisions, including that the structure be elevated. Substantial Improvement is defined as the
reconstruction, rehabilitation, addition or other improvement of a structure during a one-year period, the cost of which
equals or exceeds 50 percent of the market value of the structure before the start of the construction of the
improvement.
The Building Official required the Plaintiffs to submit a non-substantial improvement application and related materials
demonstrating that the work was not a substantial improvement. The City initially issued a building permit in July
2011 and Plaintiffs began work in August of that year. The City then placed a Stop Work Order on the property
because Building determined that in fact the work constituted a substantial improvement. The Plaintiffs appealed this
determination to the Building/Flood Board of Adjustment and Appeals; the Board ruled in favor of the City. The
Plaintiffs did not further appeal the Board’s decision to Circuit Court, but instead began the process, which resulted in
the filing of this lawsuit.
The Plaintiffs’ suit has two counts, one under the Bert J. Harris, Jr. Private Property Rights Protection Act and a second
for Equitable Estoppel. The Plaintiffs claim that they have lost market value on their property due to their partial
demolition of the structure in alleged reliance on the issuance of the permit and due to their alleged inability to
complete the renovations. The City has pleaded a number of defenses to the action.
The additional funding of $160,000 is available in the City Attorney's Professional Services budget.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
Current Year Cost:$160,000 Annual Operating Cost:
Not to Exceed:Total Cost:$200,000
For Fiscal Year:10012013 to 09302014
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 16
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8485-13 on second reading, annexing certain real property whose post office address is 1247 Union Street into the
corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval:
Cover Memo
Item # 17
Ordinance No. 8485-13
ORDINANCE NO. 8485-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE SOUTH SIDE OF UNION STREET,
APPROXIMATELY 600 FEET WEST OF BETTY LANE
(COUNTY ROAD 355), CONSISTING OF LOT 18, BLOCK A,
CLEARDUN SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 1247 UNION STREET, CLEARWATER,
FLORIDA 33755, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE
CITY TO INCLUDE SAID ADDITION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 18, Block A, CLEARDUN subdivision, according to the map or plat
thereof, as recorded in the Plat Book 13, Page 47, Public Records of
Pinellas County, Florida.
(ANX2013-08025)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
Attachment number 1 \nPage 1 of 2
Item # 17
Ordinance No. 8485-13
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
___________________________ _____________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 17
Attachment number 2 \nPage 1 of 1
Item # 17
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8486-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 1247 Union Street, upon annexation into the City of
Clearwater, as Residential Urban (RU).
SUMMARY:
Review Approval:
Cover Memo
Item # 18
Ordinance No. 8486-13
ORDINANCE NO. 8486-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF UNION STREET APPROXIMATELY 600 FEET
WEST OF BETTY LANE (COUNTY ROAD 355), CONSISTING OF
LOT 18, BLOCK A, CLEARDUN SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1247 UNION STREET CLEARWATER,
FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described property,
upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 18, Block A, CLEARDUN subdivision ac- Residential Urban
cording to the map or plat thereof, as recorded (RU)
in the Plat Book 13, Page 47, Public Records
of Pinellas County, Florida.
(ANX2013-08025)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8485-13.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 1 of 1
Item # 18
Attachment number 2 \nPage 1 of 1
Item # 18
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8487-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 1247 Union Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval:
Cover Memo
Item # 19
Ordinance No. 8487-13
ORDINANCE NO. 8487-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTH SIDE OF UNION STREET APPROXIMATELY
600 FEET WEST OF BETTY LANE (COUNTY ROAD 355),
CONSISTING OF LOT 18, BLOCK A, CLEARDUN
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1247
UNION STREET CLEARWATER, FLORIDA 33755, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW MEDIUM DENSITY RESIDENTIAL (LMDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot 18, Block A, CLEARDUN subdivision ac- Low Mediium
cording to the map or plat thereof, as recorded Density
in the Plat Book 13, Page 47, Public Records Residential (LMDR)
of Pinellas County, Florida.
(ANX2013-08025)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8485-13.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
George N. Cretekos
Mayor
Attachment number 1 \nPage 1 of 2
Item # 19
Ordinance No. 8487-13
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 19
Attachment number 2 \nPage 1 of 1
Item # 19
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8488-13 on second reading, annexing certain real property whose post office address is 1501 Laurel Drive into the
corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval:
Cover Memo
Item # 20
Ordinance No. 8488-13
ORDINANCE NO. 8488-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE SOUTH-EAST CORNER OF LAUREL
DRIVE AND NURSERY ROAD (COUNTY ROAD 474),
CONSISTING OF LOT 1, NOB HILL SUBDIVISION, WHOSE
POST OFFICE ADDRESS IS 1501 LAUREL DRIVE,
CLEARWATER, FLORIDA 33756, INTO THE CORPORATE
LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY
LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 1, NOB HILL subdivision, according to the plat thereof, as recorded in Plat
Book 55, Page(s) 40 of the Public Records of PINELLAS County, Florida
(ANX2013-08026)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Attachment number 1 \nPage 1 of 2
Item # 20
Ordinance No. 8488-13
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
___________________________ _____________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 20
Attachment number 2 \nPage 1 of 1
Item # 20
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8489-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 1501 Laurel Drive, upon annexation into the City of
Clearwater, as Residential Low (RL).
SUMMARY:
Review Approval:
Cover Memo
Item # 21
Ordinance No. 8489-13
ORDINANCE NO. 8489-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH-EAST CORNER OF LAUREL DRIVE AND NURSERY
ROAD (COUNTY ROAD 474), CONSISTING OF LOT 1, NOB
HILL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1501
LAUREL DRIVE, CLEARWATER, FLORIDA 33756, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described property,
upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 1, NOB HILL subdivision, according to Residential
the plat thereof , as recorded in Plat Book 55,
Page(s) 40 of the Public Records of PINELLAS
County, Florida
Low (RL)
(ANX2013-08026)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8488-13.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 1 of 1
Item # 21
Attachment number 2 \nPage 1 of 1
Item # 21
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8490-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 1501 Laurel Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval:
Cover Memo
Item # 22
Ordinance No. 8490-13
ORDINANCE NO. 8490-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTH-EAST CORNER OF LAUREL DRIVE AND
NURSERY ROAD (COUNTY ROAD 474), CONSISTING OF
LOT 1, NOB HILL SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 1501 LAUREL DRIVE, CLEARWATER,
FLORIDA 33756, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot 1, NOB HILL subdivision, according to Low
the plat thereof, as recorded in Plat Book 55, Medium Density
Page(s) 40 of the Public Records of PINELLAS Residential (LMDR)
County, Florida
(ANX2013-08026)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8488-13.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
George N. Cretekos
Mayor
Attachment number 1 \nPage 1 of 2
Item # 22
Ordinance No. 8490-13
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 22
Attachment number 2 \nPage 1 of 1
Item # 22
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8491-13 on second reading, annexing certain real property whose post office address is 1248 Sunset Point Road,
together with the Right-of-Way of Chenango Avenue abutting the subject property, into the corporate limits of the city and redefining
the boundary lines of the city to include said addition.
SUMMARY:
Review Approval:
Cover Memo
Item # 23
Ordinance No. 8491-13
ORDINANCE NO. 8491-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE NORTH-WEST CORNER OF SUNSET
POINT ROAD (COUNTY ROAD 576) AND CHENANGO
AVENUE, CONSISTING OF LOTS 9 AND 10, SOUTH
BINGHAMPTON PARK SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1248 SUNSET POINT ROAD,
CLEARWATER, FLORIDA 33755, TOGETHER WITH THE
RIGHT OF WAY OF CHENANGO AVENUE ABUTTING THE
SUBJECT PROPERTY, INTO THE CORPORATE LIMITS OF
THE CITY, AND REDEFINING THE BOUNDARY LINES OF
THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lots NINE (9) and TEN (10) of SOUTH BINGHAMPTON PARK subdivision;
according to the map or plat thereof, as recorded in the Plat Book 12, Page 81, of the
Public Records of Pinellas County, Florida; together with the Right of Way of
CHENANGO AVENUE abutting the subject property.
(ANX2013-08027)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
Attachment number 1 \nPage 1 of 2
Item # 23
Ordinance No. 8491-13
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
___________________________ _____________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 23
Attachment number 2 \nPage 1 of 1
Item # 23
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8492-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 1248 Sunset Point Road, together with the Right-of-Way of
Chenango Avenue abutting the subject property, upon annexation into the City of Clearwater, as Residential Urban (RU).
SUMMARY:
Review Approval:
Cover Memo
Item # 24
Ordinance No. 8492-13
ORDINANCE NO. 8492-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH-WEST CORNER OF SUNSET POINT ROAD (COUNTY
ROAD 576) AND CHENANGO AVENUE, CONSISTING OF LOTS
9 AND 10, SOUTH BINGHAMPTON PARK SUBDIVISION,
WHOSE POST OFFICE ADDRESS IS 1248 SUNSET POINT
ROAD, CLEARWATER, FLORIDA 33755, TOGETHER WITH
THE RIGHT OF WAY OF CHENANGO AVENUE ABUTTING THE
SUBJECT PROPERTY, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described property,
upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lots NINE (9) and TEN (10) of South
BINGHAMPTON PARK subdivision; ac-
Residential
Urban (RU)
cording to the map or plat thereof, as re-
corded in the Plat Book 12, Page 81, of the
Public Records of Pinellas County, Florida;
together with the Right of Way of CHENANGO
AVENUE abutting the subject property.
(ANX2013-08027)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8491-13.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
George N. Cretekos
Mayor
Attachment number 1 \nPage 1 of 2
Item # 24
Ordinance No. 8492-13
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 24
Attachment number 2 \nPage 1 of 1
Item # 24
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8493-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 1248 Sunset Point Road, together with the Right-of-Way of Chenango Avenue abutting the subject property, upon annexation
into the City of Clearwater, as Medium Density Residential (MDR).
SUMMARY:
Review Approval:
Cover Memo
Item # 25
Ordinance No. 8493-13
ORDINANCE NO. 8493-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE NORTH-WEST CORNER OF SUNSET POINT ROAD
(COUNTY ROAD 576) AND CHENANGO AVENUE,
CONSISTING OF LOTS 9 AND 10, SOUTH BINGHAMPTON
PARK SUBDIVISION, WHOSE POST OFFICE ADDRESS IS
1248 SUNSET POINT ROAD, CLEARWATER, FLORIDA
33755, TOGETHER WITH THE RIGHT OF WAY OF
CHENANGO AVENUE ABUTTING THE SUBJECT
PROPERTY, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS MEDIUM DENSITY RESIDENTIAL
(MDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lots NINE (9) and TEN (10) of SOUTH BING- Medium
HAMPTON PARK subdivision; according to the Density
map or plat thereof, as recorded in the Plat Book Residential (MDR)
12, Page 81, of the Public Records of Pinellas
County, Florida; together with the Right of Way
of CHENANGO AVENUE abutting the subject
Property.
(ANX2013-08027)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8491-13.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
Attachment number 1 \nPage 1 of 2
Item # 25
Ordinance No. 8493-13
_______________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 25
Attachment number 2 \nPage 1 of 1
Item # 25
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8494-13 on second reading, annexing certain real property whose post office address is 2854 Sunstream Lane into the
corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval:
Cover Memo
Item # 26
Ordinance No. 8494-13
ORDINANCE NO. 8494-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED APPROXIMATELY 1/3 OF A MILE SOUTH OF
ENTERPRISE ROAD AND APPROXIMATELY 1/3 OF A
MILE WEST OF LANDMARK DRIVE, CONSISTING OF
METES & BOUNDS TRACT 13/01 IN SECTION 32,
TOWNSHIP 28 N, RANGE 16 E, WHOSE POST OFFICE
ADDRESS IS 2854 SUNSTREAM LANE, CLEARWATER,
FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE
CITY TO INCLUDE SAID ADDITION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
(ANX2013-08024) See attached legal description, Exhibit A
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Attachment number 1 \nPage 1 of 2
Item # 26
Ordinance No. 8494-13
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
___________________________ _____________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 26
Attachment number 2 \nPage 1 of 1
Item # 26
Attachment number 3 \nPage 1 of 1
Item # 26
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8495-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 2854 Sunstream Lane, upon annexation into the City of
Clearwater, as Residential Low (RL) and Preservation (P).
SUMMARY:
Review Approval:
Cover Memo
Item # 27
Ordinance No.8495-13
ORDINANCE NO. 8495-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 1/3 OF A MILE SOUTH OF ENTERPRISE
ROAD AND APPROXIMATELY 1/3 OF A MILE WEST OF
LANDMARK DRIVE, CONSISTING OF METES & BOUNDS
TRACT 13/01 IN SECTION 32, TOWNSHIP 28 N, RANGE 16 E,
WHOSE POST OFFICE ADDRESS IS 2854 SUNSTREAM LANE,
CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS WATER/DRAINAGE FEATURE,
DRAINAGE FEATURE OVERLAY, RESIDENTIAL LOW (RL),
PRESERVATION (P); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described property,
upon annexation into the City of Clearwater, as follows:
Property Land Use Category
See attached legal description, Exhibit A Water Drainage
Feature, Drainage
(ANX2013-08024) Feature Overlay,
Residential Low (RL),
Preservation (P)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8494-13.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
George N. Cretekos
Mayor
Attachment number 1 \nPage 1 of 2
Item # 27
Ordinance No.8495-13
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 27
Attachment number 2 \nPage 1 of 1
Item # 27
Attachment number 3 \nPage 1 of 1
Item # 27
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8496-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 2854 Sunstream Lane, upon annexation into the City of Clearwater, as Low Density Residential (LDR) and Preservation (P).
SUMMARY:
Review Approval:
Cover Memo
Item # 28
Ordinance No.8496-13
ORDINANCE NO. 8496-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 1/3 OF A MILE SOUTH OF
ENTERPRISE ROAD AND APPROXIMATELY 1/3 OF A
MILE WEST OF LANDMARK DRIVE, CONSISTING OF
METES & BOUNDS TRACT 13/01 IN SECTION 32,
TOWNSHIP 28 N, RANGE 16 E, WHOSE POST OFFICE
ADDRESS IS 2854 SUNSTREAM LANE, CLEARWATER,
FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR)
AND PRESERVATION (P); PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
See attached legal description, Exhibit A Low Density
Residential (LDR),
(ANX2013-08024) Preservation (P)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8494-13.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
George N. Cretekos
Mayor
Attachment number 1 \nPage 1 of 2
Item # 28
Ordinance No.8496-13
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 28
Attachment number 2 \nPage 1 of 1
Item # 28
Attachment number 3 \nPage 1 of 1
Item # 28
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8498-13 on second reading, amending the Community Development Code to revise a footnote in the use of tables for
the Tourist District.
SUMMARY:
Review Approval:
Cover Memo
Item # 29
1
ORDINANCE NO. 8498-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 2,
SECTION 3-201.B, ACCESSORY USES/STRUCTURES, TO ALLOW
ACCESSORY DETACHED GARAGES TO BE LOCATED IN FRONT OF
THE PRINCIPAL USE/STRUCTURES IN CERTAIN ATTACHED
DWELLING PROJECTS PROVIDED CERTAIN CRITERIA ARE MET;
CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE
PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, attached dwelling projects may have a need for accessory detached
garages;
WHEREAS, in certain circumstances accessory detached garages may be appropriately
located forward of the principal building;
WHEREAS, such accessory detached garages should meet certain locational and
design criteria;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 3, Development Standards, Division 2. Accessory
Uses/Structures, Section 3-201.B., is hereby amended as follows and subsequent subsections
re-lettered as appropriate:
B. Standards. In addition to all the standards in this Development Code, accessory uses and
structures shall be established in accordance with the following standards:
1. The accessory use and structure is subordinate to and serves an established and
conforming principal use.
2. The accessory use and structure is subordinate in area, extent, and purpose to the
principal use.
3. The accessory use and structure contributes to the comfort, convenience or use of the
principal use.
4. The accessory use and structure is located on the same property as the principal use
and located behind the front edge of the principal structure except as provided for in
subsection 5. below.
Attachment number 1 \nPage 1 of 4
Item # 29
2
5. Accessory detached garages may be located in front of the principal structure of an
attached dwelling development containing more than 100 units. Such garages shall be
reviewed and approved as part of a required Level One or Level Two development
application for the attached dwellings as the case may be and shall demonstrate
compliance with all of the following criteria and any other applicable provisions of the
Community Development Code.
a. The parcel proposed for development is not governed by any special area plan
including but not limited to Beach by Design, the Clearwater Downtown
Redevelopment Plan, the US 19 Corridor Redevelopment Plan, or located in
any activity center, along a redevelopment corridor or view corridor identified on
the Citywide Design Structure adopted in the Clearwater Comprehensive Plan.
b. Such detached garages shall be setback at least 25 feet from the front property
line and shall comply with the side setbacks of the zoning district in which the
project is located.
c. Such detached garages shall not obstruct access to the primary use.
d. Such detached garages shall be designed as an integral part of the architectural
design of the principal structures. The same materials, colors, roof design and
other architectural details shall be incorporated into the design of the detached
garages.
e. Such detached garages that front along a street shall appear to contain habitable
space through the use of windows, doors and other design elements consistent
with the front facade of the principal structure(s).
f. Such detached garages shall not exceed eighty (80) feet in length and shall
modulate horizontally or vertically by at least two feet for every forty (40) feet in
length.
g. Such detached garages shall not be converted to a residential dwelling unit.
5 6. The accessory use(s) and structures, unless otherwise allowed as a permitted use in the
zoning district, shall not cumulatively exceed ten percent of the gross floor area of the
principal use. Such structures may be permitted up to 25 percent of the gross floor area
of the principal use through a Level One (flexible standard) approval process. Gross
floor area of the principal building includes the floor area of any attached garage or
carport.
6 7. The accessory use may be located in a separate building, provided that such building
complies with all the development standards in Article 3.
Attachment number 1 \nPage 2 of 4
Item # 29
3
78. The use complies with each and every development standard applicable to the principal
use to which the accessory use is accessory.
8 9. No accessory structure shall exceed 15 feet in height in any residential zoning district
and no more than the allowable height for the principal use in any nonresidential zoning
district. Such structures may be permitted up to 20 feet in height in the residential zoning
districts if approved through a Level One (flexible standard development) approval
process.
9 10. Canvas, or other similar materials, shall not be allowed as a permitted material for any
accessory structure.
10 11. In-ground pools that are 12 inches or less above grade shall be classified as an
accessory structure. In-ground pools that are greater than 12 inches or more above
grade shall be classified as a principal structure.
11 12. Exemptions.
a. A two car detached garage accessory to a detached dwelling shall be exempt from the
percentage requirements specified in Section 3-201.B.5 above provided there is no other
parking garage located on the site.
b. Swimming pools and spas shall not be included when calculating the amount of
permitted accessory uses/structures on a site.
Section 2. 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 3. 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 4. 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 5. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 6. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING ____________________________
Attachment number 1 \nPage 3 of 4
Item # 29
4
PASSED ON SECOND AND FINAL ____________________________
READING AND ADOPTED
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
____________________________ ____________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 4 of 4
Item # 29
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8499-13 on second reading, annexing certain real property whose post office address is 1962 Chenango Avenue into
the corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval:
Cover Memo
Item # 30
Ordinance No. 8499 -13
ORDINANCE NO. 8499-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE WEST SIDE OF CHENANGO AVENUE,
APPROXIMATELY 970 FEET NORTH OF SUNSET POINT
ROAD (COUNTY ROAD 576), CONSISTING OF LOT 17,
FLORADEL SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 1962 CHENANGO AVENUE, CLEARWATER,
FLORIDA 33755, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE
CITY TO INCLUDE SAID ADDITION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 17, FLORADEL SUBDIVISION, according to the map or plat thereof, as
recorded in the Plat Book 15, Page 7, Public Records of Pinellas County, Florida.
(ANX2013-09028)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Attachment number 1 \nPage 1 of 2
Item # 30
Ordinance No. 8499 -13
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
___________________________ _____________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 30
Attachment number 2 \nPage 1 of 1
Item # 30
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8500-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 1962 Chenango Avenue, upon annexation into the City of
Clearwater, as Residential Urban (RU).
SUMMARY:
Review Approval:
Cover Memo
Item # 31
Ordinance No. 8500-13
ORDINANCE NO. 8500-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF CHENANGO AVENUE, APPROXIMATELY 970
FEET NORTH OF SUNSET POINT ROAD (COUNTY ROAD 576),
CONSISTING OF LOT 17, FLORADEL SUBDIVISION, WHOSE
POST OFFICE ADDRESS IS 1962 CHENANGO AVENUE,
CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described property,
upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 17, FLORADEL SUBDIVISION, according to
the map or plat thereof, as recorded in the Plat
Book 15, Page 7, Public Records of Pinellas
County, Florida.
Residential
Urban (RU)
(ANX2013-09028)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8499-13.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 1 of 1
Item # 31
Attachment number 2 \nPage 1 of 1
Item # 31
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8501-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 1962 Chenango Avenue, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval:
Cover Memo
Item # 32
Ordinance No. 8501-13
ORDINANCE NO. 8501-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE WEST SIDE OF CHENANGO AVENUE,
APPROXIMATELY 970 FEET NORTH OF SUNSET POINT
ROAD (COUNTY ROAD 576), CONSISTING OF LOT 17,
FLORADEL SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 1962 CHENANGO AVENUE, CLEARWATER,
FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot 17, FLORADEL SUBDIVISION, according Low Medium
to the map or plat thereof, as recorded in the Density
Plat Book 15, Page 7, Public Records of Pinellas Residential (LMDR)
County, Florida.
(ANX2013-09028)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8499-13.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
George N. Cretekos
Mayor
Attachment number 1 \nPage 1 of 2
Item # 32
Ordinance No. 8501-13
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 32
Attachment number 2 \nPage 1 of 1
Item # 32
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8502-13 on second reading, annexing certain real property whose post office address is 1222 Palm Street into the
corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval:
Cover Memo
Item # 33
Ordinance No. 8502-13
ORDINANCE NO. 8502-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE NORTH SIDE OF PALM STREET,
APPROXIMATELY 360 FEET EAST OF DOUGLAS AVENUE
(COUNTY ROAD 345), CONSISTING OF LOT 33 AND EAST
4.0 FEET OF LOT 34, BLOCK A, CLEARDUN
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1222
PALM STREET, CLEARWATER, FLORIDA 33755, INTO
THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 33, and the East 4.0 feet of Lot 34, Block A, CLEARDUN, according
to the map or plat thereof, as recorded in the Plat Book 13, Page 47,
Public Records of Pinellas County, Florida.
(ANX2013-09029)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
PASSED ON FIRST READING
Attachment number 1 \nPage 1 of 2
Item # 33
Ordinance No. 8502-13
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
___________________________ _____________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 33
Attachment number 2 \nPage 1 of 1
Item # 33
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8503-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 1222 Palm Street, upon annexation into the City of
Clearwater, as Residential Urban (RU).
SUMMARY:
Review Approval:
Cover Memo
Item # 34
Ordinance No.8503-13
ORDINANCE NO. 8503-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF PALM STREET, APPROXIMATELY 360 FEET
EAST OF DOUGLAS AVENUE (COUNTY ROAD 345),
CONSISTING OF LOT 33 AND EAST 4.0 FEET OF LOT 34,
BLOCK A, CLEARDUN SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 1222 PALM STREET, CLEARWATER, FLORIDA
33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described property,
upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 33, and the East 4.0 feet of Lot 34, Block A,
CLEARDUN, according to the map or plat
thereof, as recorded in the Plat Book 13, Page
47, Public Records of Pinellas County, Florida.
Residential
Urban (RU)
(ANX2013-09029)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8502-13.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
George N. Cretekos
Mayor
Attachment number 1 \nPage 1 of 2
Item # 34
Ordinance No.8503-13
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 34
Attachment number 2 \nPage 1 of 1
Item # 34
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8504-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 1222 Palm Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval:
Cover Memo
Item # 35
Ordinance No. 8504-13
ORDINANCE NO. 8504-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE NORTH SIDE OF PALM STREET, APPROXIMATELY
360 FEET EAST OF DOUGLAS AVENUE (COUNTY ROAD
345), CONSISTING OF LOT 33 AND EAST 4.0 FEET OF
LOT 34, BLOCK A, CLEARDUN SUBDIVISION, WHOSE
POST OFFICE ADDRESS IS 1222 PALM STREET,
CLEARWATER, FLORIDA 33755, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS LOW MEDIUM
DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot 33, and the East 4.0 feet of Lot 34, Low Medium
Block A, CLEARDUN, according to the map or Density
plat thereof, as recorded in the Plat Book 13, Residential (LMDR)
Page 47, Public Records of Pinellas County, Florida.
(ANX2013-09029)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8502-13.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
George N. Cretekos
Mayor
Attachment number 1 \nPage 1 of 2
Item # 35
Ordinance No. 8504-13
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 35
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8505-13 on second reading, annexing certain real property whose post office address is 1946 Chenango Avenue,
together with the North 30 feet of vacated State Street abutting Lot 22 into the corporate limits of the city and redefining the boundary
lines of the city to include said addition.
SUMMARY:
Review Approval:
Cover Memo
Item # 36
Ordinance No. 8505 -13
ORDINANCE NO. 8505-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE WEST SIDE OF CHENANGO AVENUE,
APPROXIMATELY 700 FEET NORTH OF SUNSET POINT
ROAD (COUNTY ROAD 576), CONSISTING OF SOUTH 31
FEET OF LOT 22, FLORADEL SUBDIVISION, WHOSE
POST OFFICE ADDRESS IS 1946 CHENANGO AVENUE,
CLEARWATER, FLORIDA 33755, TOGETHER WITH THE
NORTH 30 FEET OF VACATED STATE STREET
ABUTTING TO SAID LOT 22, INTO THE CORPORATE
LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY
LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
(ANX2013-09030) See attached legal description, Exhibit A
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Attachment number 1 \nPage 1 of 2
Item # 36
Ordinance No. 8505 -13
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
___________________________ _____________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 36
EXHIBIT A
SOUTH 31 feet of Lot 22, (FLOREDEL, Deed In Trust, Official Record Book 17089, Page 1964, Public
Records of Pinellas County, Florida) FLORADEL SUBDIVISION, according to the map or plat thereof as
recorded in Plat Book 15, Page 7, Public Records of Pinellas County, Florida. ALSO: Beginning at the
Southwest corner of said Lot 22 and running thence Southerly in a direction that is a continuation of the
West line of said Lot 22, a distance of 30 feet; thence Easterly parallel to the South line of said Lot 22 a
distance of 126.9 feet; thence Northerly 30 feet to the Southeast corner of Lot 22; thence Westerly
along the South line of said Lot 22, a distance of 126.9 feet to the place of beginning (Same being North
½ of Vacated portion of State Street), Public Records of Pinellas County, Florida.
(ANX013-09030)
Attachment number 2 \nPage 1 of 1
Item # 36
Attachment number 3 \nPage 1 of 1
Item # 36
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8506-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 1946 Chenango Avenue, together with the North 30 feet of
vacated State Street abutting Lot 22, upon annexation into the City of Clearwater, as Residential Urban (RU).
SUMMARY:
Review Approval:
Cover Memo
Item # 37
Ordinance No.8506 -13
ORDINANCE NO. 8506-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF CHENANGO AVENUE, APPROXIMATELY 700
FEET NORTH OF SUNSET POINT ROAD (COUNTY ROAD 576),
CONSISTING OF SOUTH 31 FEET OF LOT 22, FLORADEL
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1946
CHENANGO AVENUE, CLEARWATER, FLORIDA 33755,
TOGETHER WITH THE NORTH 30 FEET OF VACATED STATE
STREET ABUTTING TO SAID LOT 22, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN
(RU); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described property,
upon annexation into the City of Clearwater, as follows:
Property Land Use Category
See attached legal description, Exhibit A Residential
Urban (RU)
(ANX2013-09030)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8505-13.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 1 of 1
Item # 37
EXHIBIT A
SOUTH 31 feet of Lot 22, (FLOREDEL, Deed In Trust, Official Record Book 17089, Page 1964, Public
Records of Pinellas County, Florida) FLORADEL SUBDIVISION, according to the map or plat thereof as
recorded in Plat Book 15, Page 7, Public Records of Pinellas County, Florida. ALSO: Beginning at the
Southwest corner of said Lot 22 and running thence Southerly in a direction that is a continuation of the
West line of said Lot 22, a distance of 30 feet; thence Easterly parallel to the South line of said Lot 22 a
distance of 126.9 feet; thence Northerly 30 feet to the Southeast corner of Lot 22; thence Westerly
along the South line of said Lot 22, a distance of 126.9 feet to the place of beginning (Same being North
½ of Vacated portion of State Street), Public Records of Pinellas County, Florida.
(ANX013-09030)
Attachment number 2 \nPage 1 of 1
Item # 37
Attachment number 3 \nPage 1 of 1
Item # 37
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8507-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 1946 Chenango Avenue, together with the North 30 feet of vacated State Street abutting Lot 22, upon annexation into the
City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval:
Cover Memo
Item # 38
Ordinance No. 8507-13
ORDINANCE NO. 8507-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE WEST SIDE OF CHENANGO AVENUE,
APPROXIMATELY 700 FEET NORTH OF SUNSET POINT
ROAD (COUNTY ROAD 576), CONSISTING OF SOUTH 31
FEET OF LOT 22, FLORADEL SUBDIVISION, WHOSE
POST OFFICE ADDRESS IS 1946 CHENANGO AVENUE,
CLEARWATER, FLORIDA 33755, TOGETHER WITH THE
NORTH 30 FEET OF VACATED STATE STREET
ABUTTING TO SAID LOT 22, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
See attached legal description Exhibit A Low Medium
Density
(ANX2013-09030) Residential (LMDR)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8505-13.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
George N. Cretekos
Mayor
Attachment number 1 \nPage 1 of 2
Item # 38
Ordinance No. 8507-13
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 38
EXHIBIT A
SOUTH 31 feet of Lot 22, (FLOREDEL, Deed In Trust, Official Record Book 17089, Page 1964, Public
Records of Pinellas County, Florida) FLORADEL SUBDIVISION, according to the map or plat thereof as
recorded in Plat Book 15, Page 7, Public Records of Pinellas County, Florida. ALSO: Beginning at the
Southwest corner of said Lot 22 and running thence Southerly in a direction that is a continuation of the
West line of said Lot 22, a distance of 30 feet; thence Easterly parallel to the South line of said Lot 22 a
distance of 126.9 feet; thence Northerly 30 feet to the Southeast corner of Lot 22; thence Westerly
along the South line of said Lot 22, a distance of 126.9 feet to the place of beginning (Same being North
½ of Vacated portion of State Street), Public Records of Pinellas County, Florida.
(ANX013-09030)
Attachment number 2 \nPage 1 of 1
Item # 38
Attachment number 3 \nPage 1 of 1
Item # 38
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8509-13 on second reading, amending Section 2.447, Clearwater Code of Ordinances, regarding the Firefighters’
Supplemental Pension Plan allocations.
SUMMARY:
Review Approval:
Cover Memo
Item # 39
Ordinance No. 8509-13
ORDINANCE NO. 8509-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE CITY OF CLEARWATER
FIREFIGHTERS' SUPPLEMENTAL TRUST FUND,
AMENDING CODE OF ORDINANCES CHAPTER 2,
ADMINISTRATION, ARTICLE 5, EMPLOYEE BENEFITS,
DIVISION 4, FIREFIGHTERS PENSION PLANS,
SUBDIVISION III, SUPPLEMENTARY PENSION AND
RETIREMENT PLAN; AMENDING SECTION 2.447,
ALLOCATIONS OF CONTRIBUTIONS, TO PROVIDE FOR
THE METHOD AND TIMING OF ALLOCATION OF
INCOME DERIVED FROM REAL ESTATE; REPEALING
ALL ORDINANCES IN CONFLICT; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
SECTION 1: Code of Ordinances Chapter 2, Administration, Article 5, Employee
Benefits, Division 4, Firefighters Pension Plans, Subdivision III, Supplementary Pension
and Retirement Plan, is hereby amended by amending Section 2.447, Allocations of
Contributions, subsection (3), Allocation of income, to read as follows:
* * * * *
(3) Allocation of income. The trust fund income, except that derived from real
estate, shall be allocated monthly during the plan year among the participants' accounts
based on the ratio between the account balance of each participant at the time of
allocation and the sum of the account balances of all participants at the time of
allocation. Trust fund income derived from real estate shall be allocated quarterly
based on the above ratio as of the close of the prior quarter. Income shall be allocated
to the accounts before the amount of any forfeiture is determined.
* * * * *
SECTION 2: All Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 3: This Ordinance shall become effective upon its adoption.
PASSED ON FIRST READING ____________________________________
PASSED ON SECOND AND FINAL
READING AND ADOPTED ____________________________________
_______________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
____________________________ ______________________________
Robert J. Surette Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 1 of 1
Item # 39
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8525-13 on second reading, adopting a new City Seal.
SUMMARY:
Review Approval:
Cover Memo
Item # 40
Ordinance No. 8525-13
ORDINANCE NO. 8525-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
CREATING A NEW SECTION 2.005, CLEARWATER CODE OF
ORDINANCES, TO ADOPT A NEW CITY SEAL; RENUMBERING
THE CURRENT SECTION 2.005 AS SECTION 2.006,
CLEARWATER CODE OF ORDINANCES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the State of Florida, pursuant to Section 165.043, Florida Statutes,
authorized the governing body of a municipality to designate by ordinance an official City
Seal; and
WHEREAS, on January 18, 1996, the City Commission adopted an official City Seal;
and
WHEREAS, the current City Council wishes to update that seal and adopt a new
official City Seal; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 2.005, Code of Ordinances is amended to read as follows:
Sec. 2.005. City Seal.
The seal shown below is the official Seal of the City of Clearwater:
Attachment number 1 \nPage 1 of 2
Item # 40
Ordinance No. 8525-13 2
Section 2. Section 2.005 is renumbered as follows:
Sec. 2.006. City seal; general restrictions.
It shall be unlawful for any person to manufacture, use, display, or
otherwise employ in any manner or for any purpose whatsoever the seal of
the city or any facsimile or reproduction thereof, except:
(1) The officers and employees of the city in connection with the
performance of their official duties; or
(2) Such person shall have first obtained the written permission of
the city commission.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ ____________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 40
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8526-13 on second reading, amending Section 2.474(1), Clearwater Code of Ordinances regarding the Police
Supplemental Pension Plan allocations.
SUMMARY:
Review Approval:
Cover Memo
Item # 41
Ordinance No. 8526-13
ORDINANCE NO. 8526-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE CITY OF CLEARWATER
POLICE OFFICERS' SUPPLEMENTARY PENSION TRUST
FUND; AMENDING SECTION 2.474(1), CLEARWATER
CODE OF ORDINANCES, TO PROVIDE THE BOARD OF
TRUSTEES WITH THE AUTHORITY TO INVEST IN DEBT
SECURITIES SO LONG AS THE AVERAGE RATING OF
THE ENTIRE DEPT SECURITIES PORTFOLIO IS “A” OR
HIGHER AS RATED BY A MAJOR RATING SERVICE;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
SECTION 1: Subsection (1) of Section 2.474, Clearwater Code of Ordinances, is
hereby amended to read as follows:
Sec. 2.474. Same--Power and authority.
(1) The board of trustees shall have power and authority to invest and reinvest
the assets of the pension fund in:
(a) Time or savings accounts of a national bank, a state bank insured
by the Federal Deposit Insurance Corporation, or a savings, building and
loan association insured by the Federal Savings and Loan Insurance
Corporation;
(b) Obligations of the United States or obligations guaranteed as to
principal and interest by the United States;
(c) Stocks, commingled funds, mutual funds and bonds or other
evidences of indebtedness. All individually held equity and debt securities
and all equity and debt securities in a commingled or mutual fund must be
issued or guaranteed by a corporation organized under the laws of the
United Stated, any state or organized territory of the United States or
District of Columbia, and each equity and debt security must be traded on a
nationally recognized exchange (including NASDAQ). All debt securities
shall hold a rating in one of the three highest classifications by a major
rating service, and if such investments are made in a pooled fund or mutual
fund, then the rating of each issue in the pooled fund shall hold a rating
within the top three rating classifications of a major rating service. The
average rating of the entire debt securities portfolio shall be "A" or higher
as rated by a major rating service. In no event, however, shall more than
twenty-five percent of the assets of the Fund at market value be invested in
foreign securities.
The board of trustees shall not invest more than five percent of its assets in
the common stock or capital stock on any one issuing company, the aggregate
investment on any one issuing company shall not exceed five percent of the outstanding
capital stock of that company, nor shall the aggregate of its investments in common or
capital stock or convertible securities at market exceed 65 percent of the fund's assets.
* * *
Attachment number 1 \nPage 1 of 2
Item # 41
Ordinance No. 8526-13
-2-
SECTION 2: This Ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________________________
PASSED ON SECOND AND FINAL
READING AND ADOPTED _____________________________________
____________________________________
George N. Cretekos
Mayor-Commissioner
Approved as to form: Attest:
______________________________ ______________________________
Robert J. Surette Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 41
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Review Approval:
Cover Memo
Item # 42
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Council discussion of City Manager and City Attorney salary increases.
SUMMARY:
Review Approval:1) Human Resources
Cover Memo
Item # 43
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11/20/2013Attachment number 1 \nPage 2 of 3
Item # 43
Effective Date Annual Rate Change Percent
11/15/2012 $160,589.51 8
10/1/2007 $148,693.99 3.95
10/1/2006 $143,043.76 4
10/1/2005 $137,542.08 7
10/1/2004 $128,544.00 3
10/1/2003 $124,800.00 4
10/1/2002 $120,000.00 0.046
10/1/2002 $119,945.00 4.3
10/1/2001 $115,000.00 8.559
10/1/2000 $105,933.45 8
10/1/1998 $98,086.53 8
10/3/1994 $90,820.86
Effective Date Annual Rate Change Percent
11/15/2012 $173,971.97 8
10/1/2007 $161,085.16 3.95
10/1/2006 $154,964.08 4
10/1/2005 $149,003.92 7
10/1/2004 $139,256.00 3
10/1/2003 $135,200.00 4
8/2/2002 $130,000.00 8.333
8/2/2001 $120,000.00 20
7/24/2000 $100,000.41 5.664
1/1/2000 $94,640.00 4
City Attorney
City Manager
1/1/2000 $94,640.00 4
6/21/1999 $91,000.00 13.75
12/19/1998 $80,000.00 8.108
7/6/1998 $74,000.16
Attachment number 1 \nPage 3 of 3
Item # 43
GWI
(& Range Adjustments)
MERIT
(Step Increase for Unions)TOTAL
Wage Increase Comparison
CWA0 (Ranges adjusted 3%)******
FOP 104%3%, 5.6%, 8.2%, or 11.6%7%, 9.6%, 12.2%, or 15.6%
FOP Supv4%3%, 4.5%, or 6%7%, 8.5%, or 10%
IAFF5%5% or 2.5%10% or 7.5%
SAMP0 (Ranges Adjusted by 2%)4%4%
CWA0 (Ranges adjusted 3%)5% of midpoint5% of midpoint
FOP 104%3%, 5.6%, 8.2%, or 11.6%7%, 9.6%, 12.2%, or 15.6%
FOP Supv4%3%, 5.6%, 8.2%, or 11.6%7%, 9.6%, 12.2%, or 15.6%
IAFFto be determined5% or 2.5%5% or 2.5%
SAMP 3.95%3.95%
CWA0 (Maximum adjusted 2%)2.50%2.50%
FOP 104%3%, 5.6%, 8.2%, or 11.6%7%, 9.6%, 12.2%, or 15.6%
FOP Supv4%3%, 5.6%, 8.2%, or 11.6%7%, 9.6%, 12.2%, or 15.6%
IAFFto be determined5% or 2.5%5% or 2.5%
SAMP 2.50%2.50%
CWA0$100 lump sum bonus$100 lump sum bonus
FOP 100%5% or 2.5%5% or 2.5%
FOP Supv0%5% or 2.5%5% or 2.5%
IAFFto be determined5% or 2.5%5% or 2.5%
SAMP0nothingnothing
FY
0
6
/
0
7
FY
0
7
/
0
8
FY
0
8
/
0
9
***proration of 4% to common review date + one time base pay adjustment based on yrs of svc (5 yrs = $250; 10 yrs =
$450; 15 yrs = $650; & 20+ yrs = $850)
FY
0
9
/
1
0
CWAto be determined$400 lump sum bonus$400 lump sum bonus
FOP 100%5% or 2.5%5% or 2.5%
FOP Supv0%5% or 2.5%5% or 2.5%
IAFF2.50%nothing2.50%
SAMPto be determinedto be determinedto be determined
CWAnone2.50%2.50%
FOP 100%5% or 2.5%5% or 2.5%
FOP Supv0%5% or 2.5%5% or 2.5%
IAFF2.50%nothing2.50%
SAMPmaximums 2.5%2.50%2.50%
CWAranges adj 2%2.50%2.50%
FOP 10none5% or 2.5%5% or 2.5%
FOP Supvnone5% or 2.5%5% or 2.5%
IAFFnone5% or 2.5%5% or 2.5%
SAMPto be determinedto be determinedto be determined
CWAranges adj 2%2.50%2.50%
FOP 102.50%nothing2.50%
FOP Supv2.50%nothing2.50%
IAFF2.50%nothing2.50%
SAMPto be determinedto be determinedto be determined
CWAto be determinedto be determinedto be determined
FOP 10none5% or 2.5%5% or 2.5%
FOP Supvnone5% or 2.5%5% or 2.5%
IAFFnone5% or 2.5%5% or 2.5%
SAMPto be determinedto be determinedto be determined
FY
1
2
/
1
3
FY
1
3
/
1
4
FY
1
4
/
1
5
FY
1
1
/
1
2
F
Y
1
0
/
1
1
PDFConvert.20874.1.Increase_History_2013 11/26/2013PDFConvert.20874.1.Increase_History_2013 11/26/2013
Attachment number 2 \nPage 1 of 3
Item # 43
StepGWIMeritApprox. AVG. TOTALOther
CWA ------5% of range midpoint 6%
FOP Off 3-11.6%4%---9%
FOP Supv 3-11.6%4%---7.50%
IAFF 2.5-5%------4%
SAMP 1-3 ------3.95%3.95%
SAMP 4-6 ------3.95%3.95%
StepGWIMeritApprox. AVG. TOTALOther
CWA ------2.5%2.5%
FOP Off 3-11.6%4%---9%
FOP Supv 3-11.6%4%---7.50%
IAFF 2.5-5%------4%
SAMP 1-3 ------2.5%2.5%
SAMP 4-6 ---------nothing
StepGWIMeritApprox. AVG. TOTALOther
CWA ---------$100 lump sum bonus
FOP Off 2.5-5%------5%
FOP Supv 2.5-5%------3%
IAFF 2.5-5%------4%
SAMP 1-3 ---------nothing
SAMP 4-6 ---------nothing
StepGWIMeritApprox. AVG. TOTALOther
CWA ---------$400 lump sum bonus
FOP Off 2.5-5%------3.50%
FY
1
0
/
1
1
FY
0
9
/
1
0
F
Y
0
8
/
0
9
F
Y
0
7
/
0
8
WAGE INCREASE HISTORY
FOP Off 2.5-5%------3.50%
FOP Supv 2.5-5%------2.50%
IAFF ---------
SAMP 1-3 ---------nothing
SAMP 4-6 ---------nothing
StepGWIMeritApprox. AVG. TOTALOther
CWA ------2.5%2.5%
FOP Off 2.5-5%------3.50%
FOP Supv 2.5-5%------2.50%
IAFF ---2.5%---2.5%
SAMP 1-3 ------2.5%2.5%
SAMP 4-6 ------2.5%2.5%
StepGWIMeritApprox. AVG. TOTALOther
CWA ------2.5%2.5%
FOP Off 2.5-5%------3.50%
FOP Supv 2.5-5%------2.50%
IAFF 2.5-5%------5%
SAMP 1-3 ------2.5%2.5%
SAMP 4-6 ------2.5%2.5%
StepGWIMeritApprox. AVG. TOTALOther
CWA ------2.5%2.5%
FOP Off ---2.5%---2.5%
FOP Supv ---2.5%---2.5%
IAFF ---2.5%---2.5%
SAMP 1-3 ------2.5%2.5%
SAMP 4-6 ------2.5%2.5%
FY
1
0
/
1
1
FY
1
2
/
1
3
F
Y
1
1
/
1
2
FY
1
3
/
1
4
Attachment number 2 \nPage 2 of 3
Item # 43
StepGWIMeritApprox. AVG. TOTALOther
CWA ------TBD TBD
FOP Off 2.5-5%------3.50%
FOP Supv 2.5-5%------2.50%
IAFF 2.5-5%------5%
SAMP 1-3 ------TBD TBD
SAMP 4-6 ------TBD TBD
CWA 13.50%
FOP Off 33.50%
FOP Supv 25.50%
IAFF 19.50%
SAMP 1-3 11.45%
Throughout the years 2007 - 2012 the TOTAL increases per employee group have been:
FY
1
4
/
1
5
Attachment number 2 \nPage 3 of 3
Item # 43
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
MPO Long Range Transportation Plan Development Process - Councilmember Hock-DiPolito
SUMMARY:
Review Approval:
Cover Memo
Item # 44
Attachment number 1 \nPage 1 of 3
Item # 44
Attachment number 1 \nPage 2 of 3
Item # 44
Attachment number 1 \nPage 3 of 3
Item # 44
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Super Boat Presentation
SUMMARY:
Review Approval:
Cover Memo
Item # 45
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Turkey Trot Presentation
SUMMARY:
Review Approval:
Cover Memo
Item # 46
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Resolution of Appreciation to Mike Deegan, Clearwater Gas System Gas Program Coordinator - Bert Kalisch, President and CEO of the
American Public Gas Association (APGA)
SUMMARY:
Mike Deegan is Clearwater Gas System’s (CGS) Gas Pipefitter license holder in Pinellas, Pasco, and Hillsborough
Counties. He holds a State of Florida Master Plumbing license, a Propane operator's license, and is one of the most
experienced individuals in the country in Gas Building Codes and Standards.
Mike has represented both the APGA and the American Gas Association (AGA) for a number of years on the National
Fuel Code (NFPA) building codes board and the International Code Council (ICC) Fuel Gas Code Committee. Mike
has served on both the APGA and Florida Natural Gas Association (FNGA) Codes and Standards Committees and has
served as Chairman of both of these committees.
Mike's extensive contribution to APGA in this regard was recently recognized by the APGA Board of Directors and
Bert Kalisch wishes to recognize Mike's contribution by presenting a Resolution of Appreciation before the City
Council.
Bert also wishes to thank the City Council for the extensive participation and contributions that Clearwater Gas
System; Chuck Warrington, CGS Managing Director, and a number of other CGS personnel have made to APGA over
many years.
Review Approval:1) Clerk
Cover Memo
Item # 47
APGA Board Resolution of Appreciation
May 16, 2011
TO MIKE DEEGAN FOR HIS OUTSTANDING SERVICE TO APGA
WHEREAS, Mike Deegan of Clearwater Gas is held in high esteem and
respected throughout the natural gas industry as a building and energy
codes and standards expert; and
WHEREAS, Mr. Deegan, continually demonstrated his commitment to
APGA through his voluntary contributions of time and talent towards
achieving APGA’s objectives; and
WHEREAS, over the last five years, Mike Deegan demonstrated
outstanding leadership through his voluntary contributions by establishing
APGA’s Codes & Standards Committee; and
WHEREAS, Mike Deegan, with the full support of his employer Clearwater
Gas System, has served with distinction as chairman of APGA’s Codes &
Standards Committee since 2006; and
WHEREAS, Mike Deegan represented APGA and served with distinction
on other building energy codes and standards committees including the
ANSI Z21/83 Committee; and
WHEREAS, Mike Deegan authored numerous “Code Corner” articles for
APGA’s Public Gas News that helped educate APGA members about
energy codes that impact the revenue and operation of public gas utilities
such as the National Fuel Gas Code (NFPA 54) and the International Code
Council (ICC) Fuel Gas Code; and
WHEREAS, the members of the APGA Marketing & Sales and Codes &
Standards Committees recommend to the APGA Board of Directors to
approve this resolution recognizing Mike Deegan for his leadership,
knowledge, commitment, and volunteer efforts;
NOW THEREFORE BE IT RESOLVED, the APGA Board of Directors
hereby recognizes the outstanding and important volunteer efforts of Mike
Deegan in the field of building and energy codes & standards on behalf of
APGA and its members.
Attachment number 1 \nPage 1 of 1
Item # 47
AMERICAN PUBLIC GAS ASSOCIATION (APGA)
AWARDS AND RECOGNITION OF CLEARWATER GAS SYSTEM (CGS)
Clearwater Gas System (CGS) is the 4th largest municipal gas system in Florida and ranks 34th
largest out of nearly 1,000 public gas systems in the United States.
CGS has been very active in APGA for over 20 years and has received notable recognition as
follows:
1998 American Public Gas System "Marketing Award"
2001 American Public Gas Association "Public Gas System Achievement Award”
2001 - 2005 American Public Gas Association "5 Year Safety Award”
2006 American Public Gas Association "Safety Excellence Management Award”
Chuck Warrington has served on the APGA Board of Directors since 1994 and served in all the
APGA Officer roles from 1999 – 2004, including serving as APGA Chairman for 18 months
from August 2002 – December 2003 and as Chairman of the APGA Research Foundation for 2
years in 2006 - 2007. He has also been recognized with the following awards:
2000 American Public Gas Association "Distinguished Service Award”
2001 American Public Gas System "Personal Achievement Award"
2007 & 2013 APGA Research Foundation "Distinguished Service Award”
Chuck has also served as our APGA liaison on a number of other national associations,
including:
· Southern Gas Association as a Board Member
· Energy Solutions Center as a Board Member
· Leadership Council of the American Gas Association
· APGA designee to the Gas Technology Institute’s Public Interest Advisory Council
· NGVAmerica, the Gas Foodservice Equipment Network, and a few more that have come
& gone serving our industry.
In addition, a number of other Clearwater Gas System employees serve on APGA Committees
and several as Chairs of these Committees, devoting much value to the Gas Industry nationally.
Clearwater Gas System is a model of excellence in the Gas Industry.
Attachment number 2 \nPage 1 of 1
Item # 47
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Annual Utilities We Care Fund Appeal - John Scott, Customer Service
SUMMARY:
Review Approval:
Cover Memo
Item # 48
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Greenwood Panthers Update
SUMMARY:
Review Approval:
Cover Memo
Item # 49
Work Session
Council Chambers - City Hall
Meeting Date:12/2/2013
SUBJECT / RECOMMENDATION:
Lifeguard Towers - Bill Fisher, President of Fisher and Associates Architects, LLC. (CMO)
SUMMARY:
Review Approval:
Cover Memo
Item # 50
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