11/14/2005 WORK SESSION ONLY ITEMS
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Work Session Agenda
Clearwater City Councii Work Session Monday, November 14, 2005 1 :00 PM
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Presentations
1. Service Awards
Purchasing
1. Steco Division of Blue Tee - Purchase three (3) 2006 Steco aluminum ejector transfer
trailers at a cost of $179,052.00.
2. Pinellas County Solid Waste - Disposal of brush and miscellaneous materials during
the period December 2,2005 through December 31,2006, at a cost not to exceed
$180,000.
Economic Development and Housing
1. Adopt Resolution 05-46 nominating Census Tract 261 Block Group 5 and a portion of
Census Tract 259.01 Block Group 1 for the re-designation of Enterprise Zone 5202.
Finance
1. Declare the list of vehicles surplus to the needs of the City and authorize disposal
through sale to the higllest bidder at the Tampa Machinery Auction, Tampa, Florida.
( consent)
2. Approve legal services agreements between Fowler White Boggs Banker and the City
of Clearwater and The Law Office of Tim Jesaitis, P.A., and the City of Clearwater for
legal services relating to workers' compensation claims, authorize the appropriate
officials to execute same and authorize payments to said firms in an amount not to
exceed $195,000 for the period 01/01/06-12/31/08. (consent)
Marine and Aviation
1. Approve an agreement with Decade Properties, Inc, d/b/a Clearwater Bay Marina from
December 1,2005 to November 30, 2006, a one (1) year period, fOi the co!lection of
daily parking fees at the Seminole Street Launch Ramps for twenty-five percent (25%)
of fees collected and authorize the appropriate officiais to execute same. (consent)
2. Approve the Conditional Assignment of Lease for the Clearwater Airpark at 1000 N.
Hercules Avenue, Clearwater from David W. King, Sr., d/b/a Clearwater Airpark, Inc., to
Darren Rice and Teresa Ansermoz, d/b/a Clearwater Airpark Maintenance, Inc. and
authorize the appropriate 'officials to execute same. (consent)
3. Adopt resolution 05-27 renewing lease No. 520030564 with the Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida Sovereign Submerged
Lands until May 26, 2030; A parcel of sovereign submerged land in Section 17,
Township 29 South, Range 15 East, in Clearwater Harbor, Pinellas County, containing
13,368 square feet, more or less and authorize the appropriate officials to execute
same.
4. M~rina Feasibility Study by Wade-Trim (WSO).
Work Session Agenda 11-14-2005 - Rev 1
Page 1 of 3
Parks and Recreation
1. Approve License Agreement with Bay Bounce, LLC, to provide entertainment
concessions at Pier 60, for the term of October 1,2005 to September 30, 2006, with an
estimated gross revenue to tne City of $50,000.00 and authorize the appropriate
officials to execute same. (consent)
2. Award a contract to renovate Ross Norton Pool (bid #04-0005PR) to Pinellas Pools,
Inc., Holiday, Florida for $433,950 and approve a change order deduct in the amount
of $65,400 for a net contract amount of $368,550 and authorize the appropriate
officials to execute same; and approve the transfer of $210,600 from Swimming Pool
Renovations & Repairs capital improvement project (93271) and the expenditure of
$88,962 from Recreation Facility impact fees at first quarter.
Police
1. Approve Certificate of Award and accept a FY 2005 COPS Technology Program Grant
in the amount of $246,661 from the U.S. Department of Justice/Office of Community
Oriented Policing Services (USDOJ/COPS)and auathorize the appropriate officials to
execute same. (consent)
2. Amend Code Sections 6.21 and 6.31, Open Consumption of Alcohol and pass
Ordinance 7543-05 on 1 st reading.
Engineering
1. Declare as surplus for the purpose of offering for sale by Invitation For Bid 01-06,
vacant residential lots described as PLAZA PARK, Block H, the South 50 feet of Lots 1
& 2 (501 Pennsylvania Avenue) at the minimum bid amount of $35,000, and
SPRINGFIELD SUB. No.2, Block 2, Lot 4 (1028 North Missouri Avenue) at the
minimum bid amount of $40,000, both lots to be used for construction of housing
affordable for qualified buyers under 80% of Area Medium Income.
2. Approve a Contract For Sale of Real Property with Bethel Christian Center, Inc. to sell
property described as Lots 6,7 & 8, Block "B", FIRST ADDITION TO NORWOOD for
the sum of $119,503, and authorize appropriate officials to execute same, together
with related instruments required to effect closing. (consent)
3. Award a contract to Adams Tank & Lift, Inc. of Pinellas Park, Florida, the lowest most
responsible bid for the removal and replacement of the underground fuel storage tanks
at the Clearwater Municipal Marina in the amount of $258,374.60 and authorize the
appropriate officials to execute same. (consent)
4. Award a contract for the 2005 Drainage Improvements Project (05-0001-EN) to
Rowland Inc. of Pinellas Park, Florida for the sum of $623,490.46 which is the lowest
responsible bid received in accordance with the plans and specifications and authorize
the appropriate officials to execute same. (consent)
5. Approve and accept the terms and conditions of that General Utility Easement Pinellas
County, a political subdivision of the State of Florida, proposes to grant to the City of
Clearwater to encumber a 15,000 square foot parcel of land lying within Section 4,
Township 29 South, Range 10 East, Pinellas County, Florida, to be used as the site for
the Drew/Union reclaimed water booster pump statioin and authorize; appropriate
officials to execute same. (consent)
6. Approve the final plat for "VENET!A COVE" located approximately 400 feet west of Fort
Harrison Avenue at 308 Venetian Drive.
7. Approve the Cooperative Funding Agreement between the Southwest Florida Water
Management District (SWFWMD) and the City of Clearwater for funding the Alligator
Creek Implementation Projects, Phase III, Channel F (L552) in the amount of
$1.000,000 and authorize the appropriate officials to execute same. (consent)
Work Session Agenda 11-14-2005 - Rev 1
Page 2 of 3
8. Adopt Resolution 05-38 requesting the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida ("TIFF") enter into a 50-year lease with the City for
TIFF owned property known as the Clearwater Armory, legally described as Lot 1,
GREENFIELD SUBDIVISION, located at 708 N. Missouri Avene and approve TIFF
Lease Agreement Number 4503 that, among its provisions, requires payment of a $300
annual administrative fee and submittal of a Management Plan within 10 months
following lease commencement, and authorize appropriate City officials to execute
same.
9. Continue to December 1, 2005 the applicant's request to vacate the utility easement
retained over the vacated portion of North-East Cleveland Street lying between Lots 15
through 22 of Block "B", of Bassedena Subdivision, (a.k.a. 1100 Cleveland Street), and
Lots 1 through 14 of Block "A" of said Bassedena Subdivision, (VAC2005-17
Clearwater Centre, LLC),
Planning
1. Approve revisions to the Community Development Code and pass Ordinance 7449-05
on first reading.
City Manager
1. Authorize the City Manager to sign a Joint Participation Agreement with the Florida
Department of Transportation to allow the City of Clearwater to be reimbursed for the
cleanup of storm debris frorn Federal and state roadways within the City Limits, after
hurricane JEANNE during the 2004 Hurricane Season in the approxirnate amount of
$54,299.00.
City Attorney
1. Continue the Settlement Agreement regarding National Advertising Company V. City of
Clearwater, Circuit Court Case 00-003844-CI-011, consolidated with Lamar Whiteco
Outdoor Corporation V. City of Clearwater, Consolidated Circuit Court Case
00-001939-CI-020.
Other City Attorney Items
City Manager Verbal Reports
Council Discussion Items
Other Council Action
Adjourn
Presentation(s) for Council Meeting
1. Recruit Oath of Honor
2. State of the City Report
3. We Care Fund
4. Brow;ifie!d Award Presentation to Council
5. Nagano Teachers
6. Citizen's Academy Graduates
Work Session Agenda 11-14-2005 - Rev 1
Page 3 of 3
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Interoffice Correspondence Sheet
From:
Mayor and Councilmembers <~
Cyndie Goudeau, City ClerkV
Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Rod Irwin, Asst. City
Manager; Pam Akin, City Attorney
To:
CC:
Date:
November 10, 2005
RE:
Revisions to Agenda Packet for November 14, 2005
.
Revised Work Session Aaenda: Rev 1 -11-14-05. Revised agenda provided.
.
PLD-1:Approve revisions to the Community Development Code and pass ORD #7449-
05 on first reading. Item added to agenda and paperwork provided.
. CM-1: Authorize the City Manager to sign a Joint Participation Agreement with the
FOOT to allow the City of Clearwater to be reimbursed for the cleanup of storm
debris from Federal and state roadways within the City Limits, after hurricane
JEANNE during the 2004 Hurricane Season in the approximate amount of
$54,299.00. Item added to agenda and paperwork provided.
. CA-1: Continue the Settlement Agreement regarding National Advertising Company v.
City of Clearwater, Circuit Court Case 00-003844-CI-011, consolidated with
Lamar Whiteco Outdoor Corp. v. City of Clearwater, Consolidated Circuit Court
Case 00-001939-CI-020. Item added to agenda and paperwork provided.
Memo to Council for 11-14-05 Work Session - revisions.doc
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City Council
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Tracking Number: 1,707
Actual Date: 11/16/2005
Subject / Recommendation:
Approve the Conditional Assignment of Lease for the Clearwater Airpark at 1000 N. Hercules
Avenue, Clearwater from David W. King, Sr., d/b/a Clearwater Airpark, Inc., to Darren Rice and
Teresa Ansermoz, d/b/a Clearwater Airpark Maintenance, Inc. and authorize the appropriate
officials to execute same. (consent)
Summary:
David King has advised the City that he would like to sell his business and the remainder of
his lease term at Clearwater Airpark to Darren Rice and Teresa Ansermoz.
Mr. King took over the original five (5) year lease dated November 26, 1997, with two
consecutive five year lease periods, from Clarence Emshoff (Clearwater Aircraft, Inc.) on February
1, 2000. The first five year renewal went into effect on December 1, 2002 and runs through
November 30, 2007. The final five year renewal would go into effect December 1, 2007 and run
through November 30, 2012.
The transaction will take place on the date accepted by City Council.
The fixed monthly rent for the Clearwater Airpark lease is $16,081.04 per month, plus tax. A
consumer price index (CPI) is added to the monthly rental payment on January 1st of each year of
the lease. The tenant also pays the city ten cents ($.10) per gallon of fuel dispensed. Under the
terms of the lease, the lessee is responsible for all improvements, maintenance, insurance, taxes
and utilities for the leased space.
Mr. Darren Rice and Ms. Teresa Ansermoz will assume and agree to perform all covenants and
obligations of the Lease Agreement and they will sign a Guaranty of Payment of Rent under the
lease agreement for the remainder of the lease term.
Originating: Marine and Aviation
Section: Consent Agenda
Category: Agreements/Contracts - without cost
Public Hearing: No
Financial Information:
Review Aooroval
Bill Morris
10-19-2005
09:57:10
Rod Irwin
11-04-2005
15:32:06
Brvan Ruff
10-31-2005
12:05:02
Bill Horne
11-06-2005
19:26:10
Cyndie Goudeau
Sue Diana
City Council
Cover Memorandum
11-03-2005 10:06:07
11-07-2005 08:47:29
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ASSIGNMENT OF LEASE
THIS ASSIGNMENT OF LEASE entered into ,2005, between the
City of Clearwater, Post Office Box 4748, Clearwater, Florida 33758-4748 ("Lessor"), and
Clearwater Airpark, Inc., 1000 North Hercules Avenue, Clearwater, Florida 33765, ("Assignor"), and
Clearwater Airpark Maintenance, Inc. 1000 North Hercules Avenue, Clearwater, Florida 33765,
("Assignee") .
WITNESSETH
WHEREAS, Lessor and Assignor entered into a Lease and Operating Agreement for
Clearwater Airpark on November 26, 1997 ("Lease"); and
WHEREAS, Assignor shall transfer Lease to Assignee subject to the terms and conditions
of that Lease Agreement and as further amended herein; and
WHEREAS, Lessor consents to said assignment subject to the terms described herein.
NOW THEREFORE, for good and valuable consideration, the parties agree as follows:
1. Assignor assigns, transfers, and sets over to Assignee all of its right, tide, and interest in
the Lease between Lessor and Assignor dated November 26, 1997.
2. Assignor represents and warrants that attached hereto as Exhibit "A" (original lease
from 1997),
Airpark Assignment of Lease entered into on February 1, 2000,
Airpark Lease Agreement First Amendment entered into on August 10, 2000,
Airpark Lease Agreement Second Amendment entered into August 20, 2001,
Airpark Lease Agreement Third Amendment entered into on November 27, 2002, and
Airpark Lease Agreement Fourth Amendment t entered into on May 13,2004, that
includes Exhibit "B", the Tie-Down/Hangar Lease, are true, correct and constitute a
complete copy of the Lease.
3. Assignor represents and warrants that Assignor has completely observed and performed
all covenants, duties and obligations required to be performed under the lease.
4. Assignee hereby assumes and shall at all times be liable to observe and perform all of the
covenants, duties and obligations under the Lease and as further described herein.
5. This Assignment shall be binding upon and inure to the benefit of all parties hereto and
their successors and assigns.
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IN WI1NESS WHEREOF, Lessor, Assignor, and Assignee have caused this Assignment of
Lease to be executed and delivered as of the day and year fIrst above written.
LESSOR:
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
William B. Horne, II
City Manager
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
ASSIGNOR:
CLEARWATER AIRPARK, INC.
By:
David W. King, Sr., President
ASSIGNEE:
CLEARWATER AIRPARK MAINTENANCE, INC.
By:
Darren Rice
Teresa Ansermoz
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CONDITIONAL ASSIGNMENT OF LEASE
In consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, the
undersigned, David W. King, Sr., d/b/a Clearwater Airpark, Inc., hereby sells, transfers and assigns all of
its right, tide, and interest in and to that certain lease dated the _ day of , 2005 by and
between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Lessor, and the
undersigned, as Lessee, to Darren Rice and Teresa Ansermoz d/b/a Clearwater Airpark Maintenance,
Inc., effective as of , 2005, which said lease covers the Clearwater Airpark, located at 1000
North Hercules Avenue, Clearwater, Florida.
IN WITNESS WHEREOF, David W. King, Sr., d/b/a Clearwater Airpark, Inc., through its
offices have caused this instrument to be executed this day of , 2005.
Witnesses:
CLEARWATER AIRPARK, INC.
David W. King, Sr.
This Assignment of Lease is conditional upon approval of the Clearwater City Council.
CONDITIONAL ASSUMPTION OF OBLIGATIONS UNDER LEASE
The undersigned, Darren Rice and Teresa Ansermoz d/b/a Clearwater Airpark Maintenance, Inc.
in consideration of the above and foregoing Assignment of Lease to them, and in further consideration of
the consent thereto by the City of Clearwater, Florida, hereby assume and agree to perform each and every
covenant and obligation of said David W. King, Sr., d/b/a Clearwater Airpark, Inc., accruing under the
Lease, effective as of ,2005, and for the remainder of the term thereof.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _ day of
,2005.
Witnesses As To All:
CLEARWATER AIRPARK. MAINTENANCE, INC.
Darren Rice
Teresa Ansermoz
Conditional Assignment of Lease - Clearwater Airpark
CONSENT TO ASSIGNMENT
The CITY OF CLEARWATER, FLORIDA, a municipal corporation, the Lessor in the above
described lease agreement, hereby consents to the foregoing assignment thereof from David W. King., Sr.,
d/b / a Clearwater Airpark, Inc., and releases same from any further obligation to the City of Clearwater.
IN WITNESS WHEREOF, this consent has been signed by and through the proper officials of
said municipal corporation, this day of 2005.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne, II
City Manager
Frank Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Conditional Assignment of Lease - Clearwater Airpark
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Exhibit "c"
GUARANTY OF PAYMENT OF RENT UNDER LEASE AGREEMENT
Guaranty is made this _ day of , 2005, by Darren Rice and Teresa
Ansermoz City of Clearwater, County of Pinellas, State of Florida, herein referred to as "Personal
Guarantors: being the owners respectively, of the Clearwater Airpark Maintenance, Inc., herein
referred to as "Obligor: to CITY OF CLEARWATER, C/O City Attorney, P.O. Box 4748,
Clearwater, Florida 33758, herein referred to as "Obligee".
RECITALS
1. Obligee has leased premises at 1000 North Hercules Avenue, Clearwater, Florida to Obligor,
whose business address is 1000 North Hercules Avenue, Clearwater, County of Pin ell as, State of
Florida, for use by Obligor in conducting its business of an airpark.
2. The lease is conditioned upon guarantors giving security for payment of rent there under in the
form of a personal guaranty.
SECTION ONE
STATEMENT OF GUARANTY
Guarantors guarantee payment of rent under the attached lease agreement pursuant to the
terms thereof. If obligor defaults in the payment of any installment of rent, guarantors shall pay the
amount of such installment within 30 days after receipt of notice of default and demand for
payment. Guarantor's liability hereunder shall not be affected by reason of any extension of time for
payment of any installment granted by obligee to obligor.
SECTION TWO
DURATION
This guaranty shall not be revoked during the five-year term of the lease. Thereafter, if the
lease is renewed on the same terms, this guaranty shall remain in force until receipt by obligee of
written notice of revocation from guarantors, or until terminated pursuant to section three hereof.
Renewal of the lease on different terms shall, at the option of the guarantors, operate to terminate
this guaranty as of the end of the five-year period.
Darren Rice ~Llld Teresa Ansermoz - Clearwater Airpark Lease
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SECTION THREE
LIMITATION OF LIABILI1Y
The maximum amount recoverable by obligee from guarantors pursuant to this guarantee is
$385,944.96, (12/1/05 through 11/30/2007; 24 months at $16,081.04 per month) which amount is
equal to the total rent due during the initial five-year term of the lease. If the aggregate of payments
made by guarantors hereunder reaches the above-mentioned amount, this guaranty shall terminate
immediately.
SECTION FOUR
WAIVER OF NOTICE OF ACCEPTANCE
Notice of acceptance of this guaranty is expressly waived.
IN WITNESS WHEREOF, guarantors have executed this guaranty at the Clearwater
Municipal Marina the day and year first above written.
CLEARWATER AIRPARK MAINTENANCE, INC.
Witnesses As To All:
Guarantor - Darren Rice
Guarantor - Teresa Ansermoz
Darren Rice and 'feresa ,\nsennOl - ClealwaterAirp;lrk Lease
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LEASE AND OPERATING AGREEMENT
This Lease and Operating Agreement (the II Agreement II) ,
is made and entered into this ___ day of , 1997, by and
between the City of Clearwater, a Florida municipality,
hereinafter called the IILessorll, and Clearwater Aircraft, Inc.,
hereinafter called the IILesseell.
This agreement represents the
agreement between Lessee and Lessor and
Request for Proposal, Lessee's Response
thereto.
whole and entire
incorporates City's
and all attachments
ARTICLES
Article I
Article II
Article III
Term
Aviation Operations Area
Rights, Obligations, and Minimum
Operating Standards
Appurtenant Privileges
PaYments
Utilities
Insurance
Indemnification
Disclaimer of Warranties
Lessee as Independent Contractor
Assignment
Non-Discrimination
Requirements of the United States
Default and Termination
Miscellaneous Provisions
Leasehold Improvements
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Article XIV
Article XV
Article XVI
ATTACHMENTS
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Drawing of Leased Premises
Tie-Down/Hangar Lease Form
Tie-Down/Hangar Rental Rates
ADA Deficiencies @ Air Ops. Bldg.
Minimum periodic maintenance standards
and Mowing Specifications
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WIT N E SSE T H:
WHEREAS, Lessor
operation and maintenance of
City-owned land within the
Clearwater, now known as the
and
has jurisdiction over the safe
the Premises and improvements to the
territorial limits of the City of
IIClearwater Airparkll (the IIAirparkll);
WHEREAS, Professional aeronautical services are
essential to the proper accommodation of private and commercial
aviation at the Airpark; and
WHEREAS, Lessor desires to make such services available
at the Airpark through independent operators and Lessee desires to
provide such services as an independent operator.
NOW, THEREFORE, in consideration of the
the mutual covenants contained in this Agreement,
hereby agree as follows:
Promises and
the parties
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ARTICLE I
TERM
The initial term of this Agreement shall be for a
period of 60 months, commencing on the day of ,
199_and continuing through the _ day of (the "Termination
Date"), unless earlier terminated under the provisions of this
Agreement. Lessee with Lessor's consent may renew this Lease
Agreement for two (2) consecutive five (5) year lease periods,
upon the same terms and conditions, subject to Lessor and Lessee
negotiating in good faith a new rental rate schedule within the
last 60 days of this said lease term or any extension thereof, and
subj ect to Lessee having not been in material default under the
terms and provisions of this said Lease.
ARTICLE II
AIRPARK OPERATIONS AREA
Lessor hereby leases to Lessee, and Lessee hereby
leases from Lessor, all facilities and improvements located on the
following property, identified and shown on Exhibit A hereto and
having a mailing address of 1000 North Hercules Ave. Clearwater FL
34625 (the Airpark Operations Area):
A. Airpark Operations Area Described as follows:
Commence at the center of Section 12, Township 29
South, Range 15 East; thence run North 89019' 10"
West, along the East-West centerline of said Section
12, 50.00 feet, to a point on the West right-of-way
line of Hercules Avenue; thence run South 00016"59"
West, 22.07 feet, for a Point of Beginning of Parcel
1. Thence run North 89021'07" West, 519.10 feet;
thence run North 03051'07" West, 92.96 feet; thence
run North 29057' 09" West, 132.28 feet; thence run
North 21027'15" West, 204.07 feet; thence run South
89021'07" East, 88.01 feet; thence run North
00016'59" East, 134.20 feet; thence run North
89009'12" West, 230.01 feet; thence run South
00038'53" West, 95.00 feet; thence run North
89021'07" West, 237.84 feet to a point also referred
to as point "A" for convenience; thence run South
25013'17" East, 1869.75 feet; thence run South
89049'19" West, 131.67 feet; thence run South
00016'59" West, 220.46 feet; thence run South
89022'16" East, 375.00 feet; thence run North
00016'59" East, 1469.04 feet to the P.O.B. for
Parcell.
Together with:
Commence at point "A"; thence run North 25013'17"
West, 15.25 feet for a Point of Beginning of Parcel
2. Thence run North 00016'59", East, 906.84 feet;
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thence run North 89019'26" West, 434.06 feet; thence
run South 25013'17" East, 1008.06 feet to the P.O.B.
for Parcel 2.
B. Improvement on said real property as follows:
Three (3) covered "T" hangar buildings, four (4)
mul tiple bay shade hangars, all hard stand and sod
aircraft tie-down parking spaces; a 2214 square feet
(MOL) operations building; one maintenance hanger of
8,487 feet (MOL); two (2) twelve thousand (12,000)
gallon underground fuel tanks and pumps; and
facilities related to or dependent upon the
described improvements.
The Airpark operations area and the improvements thereto are
referred to as the "Premises."
c. Maintenance and Repair:
1. Lessee shall maintain the Premises and all
structures in their present condition. The Lessee agrees to
maintain in a good state of repair, at all times, all leased
grounds and structures, including all interior maintenance. For
the purpose of this Agreement, Airpark Operations Area interior
maintenance is defined as the maintenance and keeping in good
repair of the interior walls and ceilings, painting, repairs or
alterations of plumbing, doors, window or door glass, electrical
fixtures, air conditioning, water fixtures, locking devices and
all other fixtures; janitorial services such as sweeping, dusting,
mopping and waxing floors; relamping; interior and exterior
washing of windows; and the arrangement for sanitary removal of
trash from the Premises. The Lessee shall not be responsible for
the maintenance of the structural integrity of the leased
structures with the exception of the (1) aboveground portion of the
fuel pumping system; (2) existing sign maintenance. Underground
fuel tanks and all public and common or joint use areas of the
Airpark shall be the responsibility of the Lessor.
D. Lessee's contact with the Lessor in connection with
the Premises herein leased shall be with the Lessor's Staff Member
designated by the City Manager, subject to the terms and
provisions of this Lease, which may not be waived, modified, or
amended except in writing executed by the Lessor.
E. The parties agree that the Lessor has the right to
add, remove, repair or relocate structures on the Premises at no
cost to Lessee. Lessee agrees that no structural, electrical or
other modification to any structure on the Premises shall be
permitted without the express written consent of Lessor. If any
alteration or modification takes place without Lessor's written
permission, then, upon written request by Lessor, Lessee agrees
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to return that part of the Premises modified, altered or affected
without consent from Lessor to its original condition. If Lessee
fails to return that part of the Premises which was modified or
altered without written consent to its original condition within
thirty (30) days from receipt or written request from Lessor, then
Lessor shall be entitled to return that part of the Premises to
its original condition, and shall be entitled to recover the cost
and expenses from Lessee. Emergency repairs may be made by Lessee
for the safety of individuals and prevention of damage to real and
personal property.
F. The Lessee agrees to comply with the American
Disabilities Act (ADA) requirements as they pertain to the Airpark
Operations Building. Lessee also agrees to bring the Airpark
Operations Building into compliance by making those changes
circled in Exhibit D.
G. Lessee agrees to maintain the Premises according to
the minimum periodic maintenance standards described in Exhibit E.
ARTICLE III
RIGHTS, OBLIGATIONS, AND MINIMUM OPERATING STANDARDS
Lessee shall provide the following Aeronautical Activities at
the Airpark:
1. Rental of hangar and tie-down space
2. Sale of aviation petroleum products
3. Aircraft rental
4. Repair and maintenance of airplanes
In addition to these activities, Lessee is also granted the
right, but is not obligated to conduct the following Aeronautical
Activities at the Airpark:
1. Aircraft sales
2. Flight instructions
3. Flying club(s)
4. Aerial surveying
5. Sightseeing
6. Air Taxi operations
7. Air Freight operations
8. Charter operations
The standards established herein set forth the minimum
operating standards to be met as a condition for the right to
conduct any Aeronautical Activity or endeavor at the Airpark.
Lessee agrees that all Aeronautical Activities authorized under
this agreement will be performed in accordance with the minimum
operating standards established herein, including such reasonable
amendments as may be adopted by Lessor from time to time. Lessor
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may also review and approve all contracts, leases, subleases or
other agreements that Lessee enters into to provide Aeronautical
Activities. Lessee's failure to obtain Lessor's written approval
for any Aeronautical Activity shall, at the option of Lessor, be a
default under this Agreement.
The Lessee shall be responsible for the enforcement of the
provisions contained in the Tie-Down/Hangar Lease Form (EXHIBIT B)
and shall take action to correct any violation within twenty-four
(24) hours of written notice from Lessor. Lessor reserves the
right to add, remove or revise any section(s) of the Tie
Down/Hanger Lease Form, or replace the form in its entirety.
Lessee shall be responsible to enforce the Tie Down/Hanger Lease
form and any amendments at all times, and Lessee's failure to
enforce shall result in a default after thirty (30) days written
notice from Lessor.
A. Definitions
1. Aeronautical Ac ti vi ty Shall mean any act i vi t Y
which involves, makes possible, or is required for the operation
of aircraft or which contributes to, or is required for, the
safety of such operations and shall include, but not by way of
limitation, all activities commonly conducted at airports, such as
charter operations, pilot training, aircraft rental, sightseeing,
aerial photography, surveying, aircraft sales and service, sale of
aviation petroleum products (whether or not conducted in
conjunction with other included activities) , repair and
maintenance of aircraft, sale of aircraft parts, sale and
maintenance of aircraft accessories, radio, communication and
navigation equipment, flying clubs and any other activity which,
because of its direct relationship to the operation of aircraft,
can appropriately be regarded as an "aeronautical activity".
Aeronautical activity shall not include scheduled air carrier
operations, glider training and operations, aerial advertising,
crop dusting, all manufacturing, fabricating or assembly
operations or ultra light operations, which activities are
expressly prohibited.
2.
Agreement.
Agreement
Shall mean the Lease and Operating
3. Air Operations Area - Shall mean those portions of
the Airpark provided and made available by City for aircraft and
related operations, and shall include aircraft runways, taxiways,
ramps, aprons and aircraft parking spaces, and areas directly
associated therewith which are not leased by Lessee or any other
tenant at the Airpark.
4.
by the City.
Airpark - Shall mean the Clearwater Airpark, owned
6
5. City - Shall mean the City of Clearwater, Florida,
and any of the appointed officials of the City who are vested with
the specific authority to govern the activities of the Airpark.
6. Airpark Tenant - Shall mean any entity authorized
by this Agreement to conduct Aeronautical Activities
7. Fixed Base Operator (FBO) Shall mean the entity
authorized by this Agreement to conduct Aeronautical Activities at
the Airpark. For purposes of this Agreement, the Lessee and the
FBO are the same entity.
8. Master Plan - Shall mean the master plan as adopted
by the City Commission on April 11, 1989, and any subsequent
amendments approved by the Lessor's City Commission, and the
scaled dimensional layout of the entire Airpark, indicating
current and proposed usage for each identifiable segment as
approved by the Lessor and the State of Florida.
9. Tie-Down/Hangar Lease Agreements Shall mean the
agreement forms supplied by the Lessor and used by the Lessee to
sub-lease any covered shade, enclosed or tie-down hanger spaces.
10. Structures Above ground buildings, runways,
taxi-ways and other objects permanently affixed to the ground.
B. Standard Requirements for all Services
In providing any of the required services or activities
specified herein, Lessee shall operate for the use and benefit of
the public and shall meet or exceed the following standards:
1. Lessee shall furnish service on a fair, reasonable
and nondiscriminatory basis to all users of the Airpark. Lessee
shall furnish good, prompt, and efficient service adequate to meet
all reasonable demands for its services at the Airpark. Lessee
shall charge fair, reasonable, and nondiscriminatory prices for
each unit of sale or service; provided, however, that Lessee may
be allowed to make reasonable and nondiscriminatory discounts,
rebates or other similar types of price reductions to volume
purchasers. Lessee shall obtain Lessor's written approval thirty
(30) days in advance when changes in rental rates are proposed.
Increases in shade hanger, T-hanger and tie down rates must be
approved by Lessor, and shall be limited to the same percentage
increases of the consumer price index for the previous 12 months.
The rates in effect as of the date of this Agreement are attached
as Exhibit C of this Agreement.
2. Lessee shall select and appoint a full-time manager
of its operations at the Airpark. The manager shall be qualified
and experienced and vested with full power and authority to act in
7
the name of Lessee with respect to the method, manner and conduct
of the operation of the fixed base services. The manager shall be
available at the Airpark during regular business hours. During
the manager I s absence a duly authorized and adequately trained
subordinate shall be in charge and available at the Airpark.
Lessee agrees that a duly authorized representative shall attend
Lessor's monthly Airpark Authority meeting to report on the
Airpark and to answer any questions about the Airpark. Lessee
further agrees to attend any meeting that Lessor deems necessary
that may involve the operation of the Airpark.
3. Lessee shall provide, at its sole expense, no fewer
than two (2) full-time qualified and trained employees during
hours of operation to provide effectively and efficiently the
services required or authorized by this Agreement.
4. Lessee shall control the conduct, demeanor and
appearance of its employees, who shall be trained by Lessee and
who shall possess such technical qualifications and hold such
certificates of qualification as may be required in carrying out
assigned duties. It shall be the responsibility of Lessee to
maintain close supervision over its employees to assure a high
standard of service to customers of Lessee. Lessee shall provide
all of its employees collared shirt uniforms identifying
themselves as Lessee's employees
5. Lessee shall meet all expenses and paYments in
connection with the use of the Premises and the rights and
privileges herein granted, including licenses, taxes or permits
required by law in the normal course of business. Lessee may,
however, at its sole expense and cost, contest any tax, fee or
assessment.
6. Lessee shall comply with all federal, state, and
local laws, and standards set forth in the Airpark master plan,
which may be amended from time to time. Lessee shall keep in
effect and post in a prominent place all necessary or required
licenses or permits.
7. It is expressly understood and agreed that, in
providing required or optional services pursuant to the Agreement,
Lessee shall select all vendors, suppliers or other users of the
Airpark.
8. During the term of the Agreement, Lessee shall have
the right, at its expense, to place in or on the Premises a sign
or signs identifying Lessee. Said sign or signs shall be of a
size, shape and design and at a location or locations approved by
Lessor, and must comply with all City code requirements.
Notwithstanding any other provision of the Agreement, said sign(s)
shall remain the property of Lessee. Lessee shall remove, at its
8
expense, all lettering, signs and placards so erected on the
Premises at the expiration of the term of the Agreement, or upon
written notice by Lessor. Lessee further agrees to provide an
area within the operations building, an information dissemination
point for City sponsored promotions, events and activities.
Lessee shall sponsor at least once annually an open house day at
the Airpark which date and time must be approved by Lessor. Lessee
agrees to expend at least five hundred dollars ($500) annually to
fund the open house day.
9. Lessee shall use the standard tie-down/hangar space
Lease form attached as Exhibit B for hangar and tie-down space
rentals. Copies of each executed lease agreement shall be made
available to the Lessor upon request. Hangar vacancies shall be
filled on a "first come, first serve" basis in accordance with a
waiting list maintained by the Lessee and made available to the
Lessor and general public upon request.
10. The Lessee shall provide, upon Lessor's written
request documentation as to the Lessee's technical and financial
ability to perform the services of proposed operation at all times
during the term of this lease. Such evidence of technical and
financial ability shall consist of, but not necessarily be limited
to, a statement of financial position certified by an officer of
the Lessee as to its correctness and reviewed by the City auditor
and other licenses, permits or certificates required by law and
applicable to Lessee's proposed operation.
11. Lessee shall not do business on the Premises in any
business name other than the name of the business as it appears in
this Agreement without written permission by the Lessor.
c.
Services
Minimum Requirements
Aviation Petroleum and Ramp
1. Buildings - The Lessor shall provide a building to
serve as a General Aviation Terminal for use by the Lessee that
contains at least 2,000 square feet of properly lighted space for
office space, storage, a public waiting area that includes indoor
restroom facilities, restaurant or appropriate vending machines
and a public use telephone. The Airpark Authority and the Lessor
shall have the right to conduct regular and special meetings in
this building at no cost.
2. Personnel - Lessee shall employ at least two (2)
full-time employees properly trained in aircraft fueling and ramp
safety procedures.
3. Services Lessee shall provide aircraft ground
guidance within the uncontrolled areas adjacent to the Premises,
and ramp service, including sale and into-plane delivery of
aviation fuels, lubricants, and other related aviation products.
9
Lessee shall provide apron servicing of and assistance to
aircraft, including itinerant parking, storage, and tie-down
service for both based and itinerant aircraft upon or wi thin
facilities leased to Lessee or aircraft parking areas designated
by Lessor and described in the lease.
Customary accommodations for the convenience of users,
including passenger and pilot lounge areas, information services
and telephone service connections to the Flight Service Station
and/or the United States Weather Bureau, pilot accessories,
appropriate vending machines, and rental car services as may be
appropriate shall be provided by the Lessee.
Lessee shall ensure the availability of an adequate number
and type of fire extinguishers, and pieces/units of appropriate
ground support equipment (GSE) , to meet airport user requirements
and all applicable governmental Codes.
Lessee shall provide, maintain and operate an airport UNICOM
providing continuous airport advisory services during the hours
set forth in paragraph 5, Hours of Operation. By federal law,
Lessee shall be the sole licensed UNICOM operator at the Airpark.
4. Fuel Facilities and Fuel Supply - The City shall furnish
at least two (2) leased metered and filter-equipped dispensers,
for dispensing lOa-octane aviation fuel from storage tanks having
a minimum capacity of 12,000 gallons each.
Lessee shall ensure the maintenance of pumping equipment in
as-is condition and meeting all applicable safety requirements
with reliable metering, filtering and grounding devices subject to
independent inspection and with a pumping efficiency capable of
servicing aircraft. An adequate supply of 100 octane fuel will be
maintained at all times and Lessee will secure and maintain an
ongoing contract with a fuel supplier to ensure continuous supply
of aviation fuel. Lessee shall be responsible for dispensing
equipment on the Premises regardless of ownership.
Automobile fuel may be dispensed at the Airpark under terms
and conditions that may be subsequently agreed upon between the
Lessor and the Lessee.
5. Hours of Operation - The normal operating hours will be
from sunrise to sunset. Emergency lion call II service will be
provided during off duty hours by Lessee.
6. Insurance Coverage - Lessee shall obtain and maintain
continuously in effect at all times during the term of the
Agreement, at Lessee's sole expense, insurance with total limits
in an amount not less than $1 million Combined Single Limit, or
equivalent, to include broad form contractual liability and the
10
following coverages (copies of all insurance policies shall be on
file with the City) :
Comprehensive General Liability
- Bodily injury and
Property Damage
$ 1,000,000.00
Product Liability
- Bodily injury and
Property Damage
$ 1,000,000.00
D. Minimum Requirements - Flight Training
1. Personnel Lessee shall employ Certified Flight
instructors sufficient in number to meet service demands and
currently certified by the Federal Aviation Administration, with
appropriate ratings to provide ground instruction, private,
commercial, and instrument flight training.
2. Aircraft - At least one (1) airworthy, properly equipped
instrument single-engine aircraft, owned or leased in writing to
the Lessee shall be furnished by the Lessee.
3. Hours of Operation The normal operating hours for
flight training will be from 8: 00 a. m. to 5: 00 p. m. 5 days per
week exclusive of Holidays.
4. Customer Notification Lessee shall post a sign or
placard visible to all renter pilots giving notification of
insurance coverage, student pilot liability, and other legal risks
associated with the aircraft rental agreement.
5. Insurance Coverage - Lessee shall obtain and maintain
continuously in effect at all times during the term of the
Agreement, at Lessee I s sole expense, flight training insurance
with total limits in an amount not less than $1 million Combined
Single Limit, or equivalent, to include broad form contractual
liability and the following coverage:
Comprehensive General Liability
Bodily injury and Property
Damage
$ 1,000,000.00
Product Liability
Bodily injury and Property
Damage
$ 1,000,000.00
Aircraft Liability
Bodily injury and Property
Damage
Each Passenger $100,000 Limit
$ 1,000,000.00
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E. Minimum Requirements - Aircraft Rental
1. Personnel - Certified Flight instructors sufficient in
number to meet service demands with ratings appropriate for
aircraft for rent and currently certified by the Federal Aviation
Administration shall be employed.
2. Aircraft - A total of at least one airworthy, properly
equipped aircraft to include at least one airworthy, properly
equipped instrument single-engine aircraft, owned or leased in
writing to the Lessee shall be furnished by the Lessee.
3. Hours of Operation The normal operating hours for
Aircraft rental will be from 8:00 a.m. to 5:00 p.m., 5 days per
week, exclusive of Holidays.
4. Customer Notification - The Lessee shall post a sign or
placard visible to all rental customers giving notification of
insurance coverages, renter liability, and other legal risks
associated with the aircraft rental agreement.
5. Insurance Coverage - Lessee shall obtain and maintain
continuously in effect at all times during the term of the
Agreement, at Lessee I s sole expense, Aircraft rental insurance
with total limits in an amount not less than $1 million Combine
Single Limit, or equivalent, to include broad form contractual
liability and the following coverage:
Comprehensive General Liability
Bodily injury and Property Damage
$ 1,000,000.00
Product Liability
Bodily injury and Property Damage
$ 1,000,000.00
Aircraft Liability
Bodily injury and Property Damage
Each Passenger $100,000 Limit
$ 1,000,000.00
F. Minimum Requirements - Aircraft Sales
1. Personnel At least one (1) commercial pilot(s)
currently certified by the Federal Aviation Administration, with
ratings appropriate for the types of aircraft to be demonstrated
shall be employed by the Lessee.
2. Dealerships It shall be at the discretion of the
Lessee: (1) whether or not to be an authorized factory dealer; or
(2) what manufacturer he chooses to represent. All aircraft
dealers shall hold a dealership license or permit.
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3. Insurance Coverage Obtain and maintain continuously
in effect at all times during the term of the Agreement, at
Lessee's sole expense, insurance for Aircraft sales with total
limits in an amount not less than $1 million Combined Single
Limit, or equivalent, to include broad form contractual liability
and the following coverage:
Comprehensive General Liability $ 1,000,000.00
Bodily injury and Property Damage
Product Liability $ 1,000,000.00
Bodily injury and Property Damage
Aircraft Liability $ 1,000,000.00
Bodily Injury and Property Damage
Hangar Keeper's Liability $100,000/$300,000
if Applicable
Passenger Liability
$
100,000.00
G. Minimum Requirements - Air Taxi Operations
Lessees engaging in air taxi and/or commuter airline operations
must be certified by the Federal Aviation Administration under
Federal Aviation Regulation Part 135 and Part 121 and registered
with the Civil Aeronautics Board under the Economic Regulations of
Part 298, and meet the following minimum standards.
1. Personnel A sufficient number of commercial and/or
airline transport pilot(s) shall be employed plus additional such
pilots part-time and/or on call sufficient in number to meet
service demands and currently certified by the Federal Aviation
Administration to conduct the air taxi.
2. Aircraft - A minimum of one (1) airworthy, instrument
aircraft is required. Beyond this minimum requirement, it shall
be left to the discretion of the Lessee to provide the type,
category, class, size and number of aircraft to meet the scope and
magnitude of the service performed. All aircraft will be owned or
leased in writing to the Lessee, and will be airworthy and meet
all requirements of the certificate held. Such aircraft shall be
under the full operational control of the Lessee
3. Insurance Coverage - Lessee shall obtain and maintain
continuously in effect at all times during the term of the
Agreement, at Lessee's sole expense, insurance with total limits
in an amount not less than $1 million Combined Single Limit, or
equivalent, to include broad form contractual liability and the
following coverages:
13
Comprehensive General Liability
Bodily injury and Property
Damage
$ 1,000,000.00
Aircraft Liability
Bodily injury and Property
Damage
$ 1,000,000.00
Passenger Liability
$
100,000.00
H. Separate insurance policies are not required as long as
the minimum requirements set forth in the Lease Agreement are met.
ARTICLE IV
APPURTENANT PRIVILEGES
A. Use of Airpark Facilities - Lessee shall be entitled,
in common with others so authorized, to the use for their intended
purposes of all facilities and improvements of a public nature
which now are or may hereafter be connected with or appurtenant to
the Airpark, including the use of landing areas, runways,
taxiways, navigational aids, terminal facilities and aircraft
parking areas designated by Lessor.
B. Maintenance of Airpark Facilities
1. Lessor shall maintain all public and common or joint
use areas of the Airpark in good repair, and shall make such
repairs, replacements or additions thereto as are required and
necessary for the safe and efficient operation of the Airpark.
2. Lessee shall keep all areas, including those common
use areas within a distance of one hundred (100) feet from the
Premises, free from trash, debris, litter, and all other discards.
3. Lessee shall notify the Lessor's Engineering
Department Staff Liaison of any condition requiring repairs,
replacements or additions necessary for the safe and efficient
operation of the Airpark. Lessor shall not be liable to Lessee,
its agents, employees or customers, for any damages resulting from
any condition arising after the execution of this Lease unless
Lessee has notified the Lessor's Engineering Department Staff
Liaison and has confirmed such notification in writing directed to
the Lessor prior to the occurrence of any loss.
4. Lessee shall maintain all grass and landscape
vegetation on the Premises. Lessee agrees to mow and maintain the
Airpark grass as described on the mowing specifications in Exhibit
E, or as revised by Lessor throughout the term of this agreement.
If Lessee fails to maintain Airpark as per Lessor's
14
specifications, Lessor at its option may hire a contractor to
maintain and bill Lessee accordingly.
C. Airspace and Approaches - Lessor reserves the right to
take any action it considers necessary to protect the airspace and
approaches of the Airpark against obstruction, together with the
right to prevent Lessee from erecting, or permitting to be
erected, or locating any building, obj ect, or structure on the
Premises or adjacent to the Airpark which, in the opinion of the
Lessor, would limit the usefulness of the Airpark or constitute a
hazard to aircraft.
ARTICLE V
PAYMENTS
A. Rent and Fees In consideration of the rights and
privileges granted by this Agreement, Lessee agrees to pay Lessor
during the term of this agreement rent of Seven Thousand Four
Hundred and Fifty Dollars ($7,450)per month, for Airpark and
hangar rental plus six cents ($.06) per gallon for all fuel
dispensed at the Airpark. Lessee agrees to pay Lessor sales tax
on all Rent and Fee paYments.
B. Payments All rent and fee paYments shall be paid
monthly in advance on the tenth (10) day of each month during the
term of this Agreement. Lessee agrees to pay the pro rata share of
any partial month during the beginning or end of this agreement.
Lessor shall determine and assess a CPI increase on January 1,
1998, and each year thereafter, for all rent and fee paYments.
C. Delinquency Charge - A rent and fee paYments shall be
delinquent if not paid on or before the tenth (10tli) day following
the due date, and shall accrue interest at the maximum amount
allowable by law, until paid.
D. Place of Payment - All payments due Lessor from Lessee
shall be delivered to the Finance Department, City of Clearwater,
P.o. Box 4748, Clearwater, Florida 34618-4748.
E. Taxes and Assessments - Lessee shall pay all taxes and
assessments against property leased to Lessee by this Agreement,
and against the leasehold and any other property interests under
this Agreement.
F. Records Lessee shall maintain in accordance with
generally accepted accounting principles and keep for a period of
five (5) years and for such additional reasonable period as the
Lessor may request, records and books of account and such other
records as the Lessor may reasonably request. Lessee shall record
all transactions for the conduct of the business provided for
herein, all of which records and books of account shall be made
15
available at the Airpark, or in such other location as may be
requested in writing by the Lessor.
G. Lessee will submit to the Lessor an annual financial
report prepared in accordance with generally accepted auditing
standards and compliance with the Lease Agreement. The report
will be submitted to the City no later than three months after the
completion of the Lessee's Fiscal Year, and Lessor, at its option
may inspect Lessee's financial records upon written notice.
H. The acceptance by Lessor of any statement by Lessee, or
of any paYment, shall not be deemed a waiver of the right of
Lessor to claim additional paYment after a review and inspection
of Lessee's books and records nor shall such acceptance constitute
a waiver by Lessee of any claim for a refund from Lessor for any
overpaYment.
I. Lessee will use cash and credit control devices of a
type acceptable to Lessor and that accurately reflect the gross
revenues of Lessee from all sales.
ARTICLE VI
UTILITIES
Lessee agrees to pay the cost of all utilities for the facilities
leased. In the event Lessee fails to pay any utility bills when
due, Lessor may, at its option, pay the same and collect from
Lessee the amounts so disbursed, plus interest at the maximum rate
allowable by law until paid, and in such event, this Agreement is
subject to termination at the option of the Lessor.
ARTICLE VII
INSURANCE
Lessee shall procure and maintain during the term of this
Agreement insurance against claims for injuries to persons or
damages to property which may arise from or in connection with
this Lease. The cost of such insurance shall be purchased and
paid by Lessee.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office form number CG 0001
(latest edition) , or CG 0002 (latest edition) covering
Comprehensive General Liability; and Insurance Services Office
form number GL 0404 (latest edition) covering Broad Form
Comprehensive General Liability, and
16
2. Insurance Services Office form number CA 0001
(latest edition) covering Automobile Liability, code 1 "any auto";
and CA 002 (latest edition), and
3. Lessee shall procure and maintain, for the life of
this lease, workers' compensation insurance covering
all employees of Lessee with limits meeting all
applicable state and federal laws. This coverage
shall include employers' liability insurance with
limits meeting all applicable state and federal laws.
B. Minimum Limits of Insurance
Lessee shall maintain limits and types of insurance coverage as
provided in this Lease and Operating Agreement. The minimum
limits and types of insurance that Lessee shall maintain in
general are set forth in this Article VII. However, the limits
and types of insurance coverage for specific activities of the
Lessee at the Airpark are set forth in Article III and the Lessee
is required to maintain that coverage if that specific activity is
engaged in by the Lessee and is not otherwise covered by the terms
of the general insurance coverage. If the specific activity
engaged in by the Lessee is insured by the provisions of its
general coverage provided pursuant to the requirements of this
Article VII, then the insurance requirements for that activity
under Article III will be deemed satisfied and no additional
insurance policy or endorsement to a policy shall be required of
the Lessee.
1. Comprehensive General Liability $1,000,000.00
combined single limit each occurrence for bodily injury and
property damage to include:
a. Premises and Operations
b. Independent Contractors
c. Products and Completed Operations
d. Broad Form Contractual
e. Personal injury
2. Automobile Liability - $1,000,000.00 combined single
limit bodily injury and property damage each occurrence, if any
automobile is used in Lessee1s operations.
3. Workers' Compensation
maintain, for the life of this
insurance covering all employees of
applicable state and federal laws.
Lessee shall procure and
lease, workers' compensation
Lessee with limits meeting all
This coverage shall include
17
employers' liability insurance with limits meeting all applicable
state and federal laws.
4. Property Damage - Equal to replacement cost of real
or personal property owned by the Lessor, or acquired by the
Lessor, or by the Lessee on the Lessor's behalf, during the term
of this Lease. Policy shall identify by separate schedule each
item of personal or real property covered and its respective
replacement cost.
5. Hangar Keeper's Liability $100,000/$300,000
combined single limit property damage and theft each occurrence.
6. Product Liability - $1,000,000 combined single limit
property damage each occurrence.
7. Aircraft Liability $1,000,000 combined single
limit bodily injury and property damage with $100,000 limit per
passenger.
8. Co-insurance
A minimum of 80% co-insurance is
required.
C. Deductibles and Self-Insured Retentions
Any deductions or self-insured retentions must be declared to and
approved by the Lessor. At the option of the Lessor, either the
insurer shall reduce or eliminate such deductibles or self-insured
retention as respects the Lessor, its officials and employees or
the Lessee shall procure a bond, letter of credit or other
instrument acceptable to Lessor, guaranteeing paYment of losses
and related investigation, claim administration and defense
expenses.
D. Other insurance provision
The policies are to contain, or be endorsed to contain, the
following provisions:
1. General Liability and Automobile Liability Coverage
a. The Lessor, its officials, employees and
volunteers are to be covered as insured as respects liability
arising out of activities performed by or on behalf of the Lessee;
products and completed operations of the Lessee; Premises owned,
leased or used by the Lessee; or automobiles owned, leased, hired
or borrowed by the Lessee. The coverage shall contain no special
limitations on the scope of protection afforded to the Lessor, its
officials, employees or volunteers.
18
b. The Lessee insurance coverage shall be primary
insurance as respects the Lessor, its officials, employees and
vol unteers . Any insurance or sel f - insurance maintained by the
Lessor, its officials, employees or volunteers shall be excess of
Lessee insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of
the policies shall not affect coverage provided to the Lessor, its
officials, employees or volunteers.
d. Coverage shall state that Lessee insurance shall
apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the
insurer's liability.
2. Workers' Compensation and Employers' Liability Coverage
The insurer shall agree to waive all rights of subrogation against
the Lessor, its officials, employees and volunteers for losses
arising from work performed by Lessee for the Lessor.
3. All Coverage
a. Each insurance policy required by this clause shall
be endorsed to state that coverage shall not be suspended, voided,
canceled, reduced in coverage or in limits except after thirty
(30) days prior written notice by certified mail, return receipt
requested, has been given to the Lessor.
b. If the Lessee is underwritten on a claims-made
basis, the Retroactive Date shall be prior to or coincide with the
date of this Agreement and the Certificate of Insurance shall
state that coverage is claims made and also the Retroactive Date.
The Lessee shall maintain coverage for the duration of this Lease
and for the two (2) years following the completion of this Lease.
It is further agreed that the Contractor shall provide the Lessor
a sixty (60) day notice of aggregate erosion, in advance of the
Retroactive Date, cancellation and/or renewal. It is also agreed
that either the Lessee or Lessor may invoke the tail option on
behalf of the other party and that Extended Reporting Period (ERP)
premium shall be paid by the Lessee.
E. Acceptability of Insurers
Insurance is to be placed with an insurance company authorized to
do business in the state of Florida and possessing a Bests' rating
of no less than A:XIII.
19
F. Verification of Coverage
Lessee shall furnish the Lessor with Certificates of Insurance and
with the original policy or policies of insurance with all
endorsements affecting coverage required by this clause. The
certificates and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on
its behalf. The certificates and endorsements shall be submitted
on standard insurance forms used in the insurance industry or on
any other form acceptable to Lessor together with a written
statement from Lessee's insurance broker or agent that all
insurance policies provided by Lessee to Lessor complies with the
insurance requirements set forth in this Lease and Operating
Agreement. These forms shall be received and approved by the
Lessor before execution of this Lease and Operating Agreement and
other lease documents by authorized Lessor.
G. Subcontractors of Subleases
Lessee shall include all subcontractors/subleases as insured under
its policies or shall furnish separate certificates and
endorsements for each subcontractor/sublessee. All coverage for
subcontractors/ sublessee shall be subj ect to all of the
requirements stated herein.
ARTICLE VIII
LIABILITY AND INDEMNIFICATION
A. Lessee agrees to assume all risks of the Premises and
all liability therefore, and shall defend, indemnify, and hold
harmless the Lessor, its officers, agents and employees from and
against any and all loss, liability, and damages of whatever
nature, to persons and property, including, without limiting the
generality of the foregoing, death of any person and loss of the
use of any property. This includes, but is not limited to,
matters arising out of or claimed to have been caused by or in any
manner related to the Premises or Lessee's operations or those of
any approved or unapproved tenant, subtenant, licensee, invitee,
contractor, subcontractor or other person approved, authorized, or
permitted by Lessee in or about the Premises, including losses,
liability, and claims related to air and noise pollution, or any
other operations pursuant hereto, whether or not based on
negligence. Lessee shall defend all such claims, demands, and
suits, whether groundless or not, at Lessee's own cost and
expense. Further, Lessee does hereby covenant and agree to
indemnify, hold harmless, and defend Lessor, its officers, agents,
and employees, from and against any and all loss, liability and
damages arising out of or in any manner related to any breach by
Lessee, its agents, employees, invitees, licensees, contractors,
subcontractors, tenants, or subtenants, whether approved or
unapproved, of any of the terms, conditions, or other provisions
of this Agreement.
20
B. Lessee agrees to defend, indemnify, and hold harmless
the Lessor, its officers, agents, and employee from and against
any and all claims or liability for compensation under any
workmen's compensation statute arising out of injuries sustained
by any employee of Lessee or any licensee, contractor,
subcontractor, tenant, or subtenant of Lessee.
C. Lessee agrees to indemnify Lessor from and to assume
all liability for, and to pay all taxes and assessments of every
kind, including taxes imposed or which may be imposed by the
County of Pinellas and Lessor, which by law may be levied or
assessed on the Premises occupied by Lessee pursuant to this
Agreement, or which arise out of the operations of Lessee, or by
reason of occupancy by Lessee or any of Lessee's agents,
licensees, invitees, contractors, subcontractors, tenants, or
subtenants, whether or not approved by the Lessor. Lessee shall
be responsible for obtaining bills for all of said taxes and
assessments directly from the taxing or assessing authority, and
shall promptly deliver to the Lessor copies of receipts of
paYment.
D. Lessee's obligations to defend, indemnify, and hold
harmless, as set forth in this article, shall include any and all
attorneys' fees and investigative expenses, incurred by Lessor in
the defense and handling of said suits, claims, damages, and the
like, and in enforcing and obtaining compliance with the
provisions of this Article.
ARTICLE IX
DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the
parties on the subject matter hereof and may not be changed,
modified or discharged except by written Amendment duly executed
by both parties. Lessee agrees that no representations or
warranties shall be binding upon Lessor unless expressed in
writing herein or in a duly executed Amendment hereof.
It is understood and agreed that:
A. Lessor does not warrant, and hereby disclaims any and
all liability and responsibility for or on account of the
condition of, the Premises, or the Airpark or any portions
thereof, or for or on account of anything affecting such
conditions.
B. Lessor makes no warranties and has no obligations or
liability for or with respect to the removal of sand, water or
debris from the Premises of any part thereof.
C. Lessee makes no warranties and has no obligations or
liability for or with respect to the acts or omissions of, or the
presence or absence of any other Lessee or operator at the Airpark
21
D. Lessor makes no warranties and
obligations or liability with respect to noise,
air quality, or air pollution.
shall have no
noise pollution,
ARTICLE X
LESSEE AS INDEPENDENT CONTRACTOR
In conducting its business hereunder, the Lessee acts as an
independent contractor and not as an agent of the Lessor. The
direction, and paYment of Lessee's employees shall be the sole
responsibility of Lessee, and Lessor shall not attempt to exercise
control over the daily performance of duties by Lessee' employees.
Lessee acts independently as to
assignment.
selection, retention and
ARTICLE XI
ASSIGNMENT
This Agreement, nor any part thereof or any interest therein,
shall not be assigned, transferred or subleased by Lessee without
the express written consent of the Lessor which shall not be
unreasonably withheld. This shall include any agreements or
subleases in effect at the commencement of this agreement.
Lessee's failure to obtain Lessors written consent to any
assignment, transfer or sublease shall render such agreement null
and void.
All principals of the Lessee and their respective percentages
of ownership shall be disclosed to the Lessor in writing and it is
expressly agreed that if the Lessee is a corporation, any change
in the ownership of corporate stock; or if a partnership, the
addition to or withdrawal of any partner from the partnership
firm; or the addition to or withdrawal of a principal Lessee in
whatever capacity; by purchase or sale, or operation of law or in
any other manner whatsoever, without the consent of the Lessor
shall be deemed an assignment.
Notwithstanding any attempt by Lessee to assign, transfer or
sublease this Agreement, or any part thereof or interest therein,
Lessee shall remain obligated and liable to Lessor for the
performance of all covenants, terms, and conditions, warranties
and other provisions of this Agreement to the same extent that
Lessee would have been obligated and liable if such assignment,
delegation, or sublease had not been attempted, but such attempt
shall be deemed an act of material default by Lessee.
It is understood and agreed that Lessor may,
with notice, assign or delegate any or all of
hereunder.
at any time,
its rights
22
ARTICLE XII
NONDISCRIMINATION
Notwithstanding any other provision of this Agreement, during
the performance of this Agreement, Lessee, for itself, its heirs,
personal representatives, successors in interest and assigns, as
part of the consideration for this Agreement, does hereby covenant
and agree, as a covenant running with the land, that;
A. No person shall be excluded from participation in,
denied the benefits of, or otherwise be subjected to
discrimination in the use of the Premises on the grounds of race,
color, religion, sex, handicap, age, or national origin.
B. In the construction of any improvements on, over or
under the Premises, and the furnishing of services therein or
thereon, no person shall be excluded from participation in, denied
the benefits of, or otherwise be subj ected to discrimination on
the grounds of race, color, religion, sex or national origin.
C. Lessee shall use the Premises in compliance with all
other requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation-Effectuation
of Title VI of the Civil Rights Act of 1964, and as said
regulations may be amended.
ARTICLE XIII
REQUIREMENTS OF THE UNITED STATES
This Agreement shall be subject and subordinate to the
provisions of any existing or future Agreement between Lessor and
the United States, or any agency thereof, relative to the
operation or maintenance of the Airpark, the execution of which
has been or may be required as a condition precedent to the
expenditure of federal funds for the development or operation of
the Airpark.
ARTICLE XIV
DEFAULT AND TERMINATION
A. Ter.mination by Lessee. This Agreement shall be subject
to termination by Lessee at its option in the event of anyone or
more of the following events:
1. The abandonment by the Lessor of the Airpark as an
airport or airfield.
2. The default by the Lessor in the performance of any
of the terms, covenants or conditions of this Agreement, and in
23
the failure of Lessor to remedy, or undertake to remedy, to
Lessee I s satisfaction, such default for a period of thirty (30)
days after receipt of notice from Lessee to remedy the same.
3. Damage to or destruction of all or
Premises or Airpark facilities necessary to the
Lessee's business not repaired within 180 days.
part of the
operation of
4. The lawful assumption by the United States, State of
Florida, or any authorized agency thereof, of the operation,
control, or use of the Airpark, or any substantial part or parts
thereof, in such a manner as to restrict substantially Lessee from
conducting business operations for a period in excess of
forty-five (45) days.
B. Ter.mination by Lessor. This Agreement shall be subject
to termination by Lessor at its option in the event of anyone or
more of the following events:
1. The material default by Lessee in the performance of
any of the terms, covenants or conditions of this Agreement, and
in the failure of Lessee to remedy, or undertake to remedy, to
Lessor's satisfaction, such default for a period of thirty (30)
days after receipt of written notice from Lessor to remedy the
same.
2. Lessee files a voluntary petition in bankruptcy,
including a reorganization plan, makes a general or other
assignment for the benefit of creditors, is adjudicated as
bankrupt or if a receiver is appointed for the property or affairs
of Lessee and such receivership is not vacated within thirty (30)
days after the appointment of such receiver.
for all
Charter.
3. The Lessor determines that a municipal need exists
or part of the Premises consistent with the Lessor's
4. The Lessee has violated the terms of the agreement
by a consistent pattern of conduct detrimental to the operation of
the Airpark.
C. Exercise. Exercise of the rights of termination set
forth in Paragraphs A and B, above, shall be by five (5) days'
written notice to the other party. Forbearance of timely notice
shall not be deemed a waiver of any breach.
D. Removal of Property Upon termination of this
Agreement for any reason, Lessee, at its sole expense, shall
remove from the Premises all signs, trade fixtures, furnishings,
personal property, equipment and materials which Lessee was
permitted to install or maintain under the rights granted herein.
If Lessee shall fail to do so within thirty (30) days, then Lessor
may effect such removal or restoration at Lessee's expense, and
24
Lessee agrees to pay Lessor such expense promptly upon receipt of
a proper invoice therefor.
E. Waiver. The waiver of any breach, violation or
default in or with respect to the performance or observance of the
covenants and conditions contained herein shall not be taken to
constitute a waiver of any such subsequent breach, violation or
default in or with respect to the same or any other covenant or
condition hereof.
ARTICLE XV
MISCELLANEOUS PROVISIONS
A. The point of contact for all matters related to the
Lease Agreement and all other conditions, activities and events
relating to the Airpark shall be the Lessor's Engineering
Department Staff Liaison or as otherwise designated by the
Lessor's City Manager.
B. It is understood by the Lessee that no right or
privilege has been granted to Lessee which would operate to
prevent any person, firm or corporation operating aircraft on the
Airpark from performing any services on its own aircraft with its
own regular employees (including, but not limited to, maintenance
and repair) that it may choose to perform.
C. It is understood and agreed that nothing herein shall
be construed to grant or authorize the granting of an exclusive
right other than rights of possession and peaceful enjoyment to
the Premises.
D. Lessor reserves the right to further develop or improve
the Airpark as it sees fit, taking into consideration the desires
or view of the Lessee, and without interference or hindrance.
Lessor shall make every effort to minimize the disruption of
normal Airpark usage during periods of repair or further Airpark
development. The Lessor proposes to construct a medium intensity
runway light system (MIRL) and a low intensity taxiway light
(LITL) system and the Lessee agrees to maintain these systems
throughout the term of this Agreement. All improvements
constructed at the Airpark shall be owned by the Lessor at the
expiration of this agreement.
E. During time of war or national emergency Lessor shall
have the right to lease the landing area or any part thereof to
the United States Government or State of Florida for military or
naval use, and, if such lease is executed, the provisions of this
instrument insofar as they are inconsistent with the provisions of
the lease to the Government, shall be suspended. Lessee's rents
will abate accordingly.
F. Lessor reserves the right to enter upon the Premises
for the purpose of making any inspection it may deem expedient to
25
the proper enforcement of any of the covenants or conditions of
this Agreement. Lessee agrees to correct any violation within a
reasonable time thereafter, and if Lessee fails to correct such
violation, then Lessor may assess a fine or penalty as determined
by Lessor.
G. Lessor reserves the right to bar, terminate, or
otherwise prohibit the use of its common use, publicly-owned
facilities by persons, activities or organizations including
Lessees judged by the Lessor, or other duly authorized authority
to be operating in an unsafe or unauthorized manner.
H. Severability - If a provision hereof shall be finally
declared void or illegal by any court or administrative agency
having jurisdiction, the entire Agreement shall not be void, but
the remaining provisions shall continue in effect as nearly as
possible in accordance with the original intent of the parties.
I. Notice - Any notice given by one party to the other in
connection with the Agreement shall be in writing and shall be
sent by certified mail, return receipt requested, with postage and
fees prepaid:
1.
If to Lessor, addressed to:
With a copy to:
City Manager
Attn: Engineering Department
City of Clearwater
Post Office Box 4748
Clearwater, FL 34618-4748
City Attorney's Office
City of Clearwater
Post Office Box 4748
Clearwater, FL 34618-4748
2. If to Lessee, addressed to:
Clearwater Aircraft, Inc.
1000 North Hercules Avenue
Clearwater, Florida 34625
Notices shall be deemed to have been received on the date of
receipt as shown on the return receipt.
J. Corporate Status - Lessee shall keep its corporate status
active and current throughout the term of this agreement. Lessee
shall annually file on the anniversary date of this agreement with
Lessor a copy of the Certificate of Good Standing from the State
of Florida. Lessee's failure to bring its corporate status
current, after thirty (30) days written notice from Lessor, shall
be a default under this agreement.
K. Attorneys Fees Lessor and Lessee agree that the
prevailing party in any litigation arising out of this agreement
shall be entitled to attorneys fees and costs, and that litigation
shall be in a court of competent jurisdiction in Pinellas County.
26
ARTICLE XVI
LEASEHOLD IMPROVEMENTS
No improvements, additions, or changes shall be made to the
Premises without the prior written consent of the Lessor. It is
further agreed that any improvements, additions, or changes shall
be made by the Lessee at its own expense and at the option
of the Lessor shall become the property of the Lessor upon
expiration, or prior termination of this Lease Agreement or any
extension or renewal thereof. Should the Lessor elect not to
exercise this option, the Lessee agrees to remove such
improvements, additions or changes at its own expense and deliver
the Premises to the Lessor in as good condition as they now are.
Lessee may construct additional general aviation facilities
such as a new terminal/hanger and T-hangers so long as such
construction conforms with the Airpark Master Plan, conforms with
all code requirements, and is approved by Lessor.
Lessee shall also have the first right of development of the
\ 150 x \ 250 outparcel located on Hercules Ave. as described in
Exhibit A, so long as the Lessee and Lessor agree on the use, and
agree on addition rent for such use. The lease must be approved by
Lessor's City Commission and must conform with all code
requirements and any other conditions applicable to the use.
IN WITNESS WHEREOF, the parties hereto have set their seals
on the date first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA (Lessor)
By:
Rita Garvey
Mayor-Commissioner
Michael J. Roberto
City Manager
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
John Carassas, Esq.
Assistant City Attorney
CLEARWATER AIRCRAFT, INC. (Lessee)
By:
Name: Clarence Emshoff
Its: President
27
ASSIGNMENT OF LEASE
THIS ASSIGNMENT OF LEASE entered into February 1, 2000,
between the City of Clearwater, Post Office Box 4748, Clearwater,
Florida 33758-4748 ("Lessor"), and Clearwater Airpark, Inc., 1000
North Hercules Avenue, Clearwater, Florida 33765, ("Assignor"),
and Day tripper Aviation, Inc. 625 Court Street, Suite 200,
Clearwater, Florida 33755, ("Assignee").
WIT N E SSE T H
WHEREAS, Lessor and Assignor entered into a Lease and
Operating Agreement for Clearwater Airpark on November 26, 1997
("Lease"); and
WHEREAS, Assignor shall transfer Lease to Assignee subject
to the terms and conditions of that Lease Agreement and as
further amended herein; and
WHEREAS, Lessor consents to said assignment subject to the
terms described herein.
NOW THEREFORE, for good and valuable consideration, the
parties agree as follows:
1. Assignor assigns, transfers, and sets over to Assignee
all of its right, title, and interest in the Lease between Lessor
and Assignor dated November 26, 1997.
2. Assignor represents and warrants that attached hereto as
Exhibit "A" is a true, correct and complete copy of the Lease.
3. Assignor represents and warrants that Assignor has
completely observed and performed all covenants, duties and
obligations required to be performed under the lease.
4. Assignee hereby assumes and shall at all times be liable
to observe and perform all of the covenants, duties and
obligations under the Lease and as further described herein.
5. This Assignment shall be binding upon and inure to the
benefit of all parties hereto and their successors and assigns.
28
IN WITNESS WHEREOF, Lessor, Assignor, and Assignee have caused this
Assignment of Lease to be executed and delivered as of the day and year first above
written.
LESSOR:
Countersigned:
FLORIDA
CITY
OF
CLEARWATER,
Brian J. Aungst
Mayor-Commissioner
By
Michael J. Roberto
City Manager
Approved as to form:
Attest:
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
ASSIGNOR:
CLEARWATER AIRCRAFT, INC.
By:
Clarence Emshoff, President
ASSIGNEE:
DAYTRIPPER AVIATION, INC.
By:
David W. King, Sr., President
29
Amendment to Lease Agreement
This amendment entered into August 10, 2000, between the
City of Clearwater, Florida, a municipal corporation, hereinafter
referred to as "Lessor," and Day tripper Aviation, Inc.,
hereinafter referred to as "Lessee;"
WHEREAS, the Lessor and the Lessee entered into a Lease
Agreement on February 1, 2000;
WHEREAS, the Lessor and the Lessee have agreed to amend the
Lease Agreement as provided herein;
NOW THEREFORE, in consideration of the conditions and mutual
covenants contained herein, the parties do hereby agree as
follows:
1. To change the corporate name only of the Lessee, from
Day tripper Aviation, Inc. to Clearwater Airpark, Inc.
2. All other terms and conditions of the Lease Agreement shall
continue for the remaining term
Countersigned:
CITY OF CLERWATER, FLORIDA
By:
Brian J. Aungst
William B. Horne II
Interim City Manager
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
John Carassas
Assistant City Attorney
DAYTRIPPER AVIATION, INC.
By:
David W. King, Sr., President
30
I
SFrONO AMFNOMFNTTO T.FASF AGRFFMFNT
THIS SECOND AMENDMENT TO LICENSE AGREEMENT is made and
entered into this day of , 2001, by and
between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter referred to as "Licensor" and CLEARWATER AIRPARK,
INC., hereinafter referred to as "Licensee":
WHEREAS, Lessor and Lessee agree to this Second Amendment to
Lease Agreement pursuant to the terms described herein.
NOW THEREFORE, and in consideration of the promises and the
mutual covenants herein contained, the parties hereto agree as
follows:
1. Article II.B. of the Lease Agreement shall be amended
as follows:
Five (5) covered "T": hangar buildings, four (4)
multiple bay shade hangars, all hard stand and sod
aircraft tie-down parking spaces; a 2214 square feet
(MOL) operations building; one maintenance hangar of
8,487 feet (MOL); two (2) twelve thousand (12,000)
gallon underground fuel tanks and pumps; and facilities
related to or dependent upon the described
improvements.
2. Article V.A. of the Lease Agreement shall be added as
follows:
Rent and Fees - "In consideration of the rights and
privileges granted by this Agreement, Lessee agrees to
pay Lessor during the term of this agreement rent of
Thirteen Thousand Fifty Dollars ($13,050.00) per month,
for Airpark and hangar rental plus six cents ($.06) per
gallon for all fuel dispensed at the Airpark. Lessee
agrees to pay Lessor sales tax on all Rent and Fee
pa~ents. The new rental rate is to take effect on the
10 h of the month, 2 months after the certificate of
occupancy is issued."
3. All of the terms and conditions of the License
Agreement are incorporated herein by reference and
shall continue in full force and effect throughout the
remaining term of this License Agreement.
31
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year above written.
Countersigned:
FLORIDA
CITY OF CLEARWATER,
By:
William B. Horne, II
Interim City Manager
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
John Carassas
Assistant City Attorney
CLEARWATER AIRPARK, INC.
By:
David W. King, Sr., President
32
1-
THIRD AMPNDMFNTTOTFASF A(;'RFFMFNT
THIS THIRD AMENDMENT TO LEASE AGREEMENT is made and entered
into this day of , 2002, by and between the
CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "Lessor" and CLEARWATER AIRPARK, INC., hereinafter
referred to as "Lessee":
WHEREAS, Lessor and Lessee agree to this Third Amendment to
Lease Agreement pursuant to the terms described herein.
WHEREAS, Lessor and Lessee entered into a Lease and
Operating Agreement for Clearwater Airpark on November 26, 1997
continuing through November 30, 2002; and
WHEREAS, Lessee, with Lessor's consent, wishes to renew this
Lease Agreement for the first (1) five (5) year lease option
period on December 1, 2002 through November 30, 2007; and
WHEREAS, Lessor consents to said renewal subject to the
terms described herein.
NOW THEREFORE, and in consideration of the promises and the
mutual covenants herein contained, the parties hereto agree as
follows:
4. Article III.A. 8 of the Lease Agreement shall be
amended as follows:
Master Plan - Shall mean the master plan as adopted by
the City Commission on October 5, 2000, and any
subsequent amendments approved by the Lessor's City
Commission, and the scaled dimensional layout of the
entire Airpark, indicating current and proposed usage
for each identifiable segment as approved by the Lessor
and the State of Florida.
2. Article III.C.5 of the Lease Agreement shall be added
as follows:
Hours of Operation Aircraft shall be permitted to
operate from Clearwater Airpark between 7: 00* am and
9: 00 pm for landings and 7: 00* am to one hour after
official sunset for takeoffs. The Airpark shall be
closed to takeoffs and landings at all other times
except when authorized in writing by the City Manager
or designated representative. *6: 00 am for traffic
reporting aircraft with permission of airpark manager.
Emergency lion callll service will be provided during off
duty hours by Lessee.
Article III. C. 6 of the Lease Agreement shall be added
as follows:
Insurance Coverage - Lessee shall obtain and maintain
continuously in effect at all times during the term of
33
the Agreement, at Lessee's sole expense, insurance with
total limits in an amount not less than $1 million
Combined Single Limit, or equivalent, to include broad
form contractual liability and the following coverage
(copies of all insurance policies shall be on file with
the City) :
Comprehensive General Liability $1,000,000.00
Bodily injury and Property Damage
Environmental liability, with the City of
Clearwater and Lessee named additional insured, at
a cost not to exceed $7,500.00. FBO will be
liable for any damage to the property caused by
subsequent fuel spills.
Product Liability $1,000,000.00
Bodily injury and Property Damage
3. Article V.A. of the Lease Agreement shall be added as
follows:
Rent and Fees In consideration of the rights and
privileges granted by this Agreement, Lessee agrees to
pay Lessor during the term of this agreement rent of
thirteen thousand three hundred eleven dollars
($13,311.00) per month, for Airpark and hangar rental,
plus eight cents ($.08) per gallon for all fuel
dispensed at the Airpark. Lessee agrees to pay Lessor
sales tax on all Rent and Fee payments. All future
revenue generating building rentals will increase
Lessee' monthly rent 75% back to the City and 25% for
Fixed Base Operator.
Article V. B. of the Lease Agreement shall be added as
follows:
Payments All rent and fee payments shall be paid
monthly in advance on the tenth (10) day of each month
during the term of this Agreement. Lessee agrees to pay
the pro rata share of any partial month during the
beginning or end of this agreement. Lessor shall
determine and assess a CPI increase yearly on January
1 st, for all rent and fee payments.
Article V.D. of the Lease Agreement shall be added as
follows:
Place of
shall be
City of
Florida
Payment - All payments due Lessor
delivered to the Marine & Aviation
Clearwater, 25 Causeway Blvd.,
33767.
from Lessee
Department,
Clearwater,
4. Article VIII of the Lease Agreement shall be added as
follows:
34
Further, Lessee does hereby covenant and agree to
indemnify, hold harmless, and defend Lessor, its
officers, agents, and employees, from and against any
and all loss, liability and damages arising out of or
in any manner related to any breach by Lessee, its
agents, employees, invitees, licensees, contractors,
subcontractors, tenants, or subtenants, whether
approved or unapproved, of any of the terms,
conditions, or other provisions of this Agreement, and
name the City of Clearwater as additional insured with
respect to all coverage's except workers' compensation.
5. Article XV.A. of the Lease Agreement shall be added as
follows:
The point of contact for all matters related to the
Lease Agreement and all other conditions, activities
and events relating to the Airpark shall be the
Lessor's Marine & Aviation Department Staff Liaison or
as otherwise designated by the Lessor's City Manager.
6. All of the terms and conditions of the Lease Agreement
are incorporated herein by reference and shall continue
in full force and effect throughout the remaining term
of this Lease Agreement, including the new Exhibit E
attached.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year above written.
Countersigned:
FLORIDA
CITY OF CLEARWATER,
By:
William B. Horne, II
City Manager
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Bryan D. Ruff
Assistant City Attorney
CLEARWATER AIRPARK, INC.
By:
David W. King, Sr., President
35
CLEARWATER AIRPARK PLANNED MAINTENANCE PROGRAM
Item Freauencv R jbilitv
Cut Grass in Normal Areas See Paae 2 FBO
Cut Grass in Soecial Areas As Needed City
Keeo Fence Line Trimmed See Paae 2 FBO
Tree Trimmina As Needed City
Taxiwav Pavement As Needed City
Runwav Pavement As Needed City
ShrubberY As Needed FBO
Sians As Needed FBO
CAP Buildina As Needed CAP
Storm Sewer System Annuallv City
Storm Retention System Annuallv City
Parkina Lot Pavement As Needed City
Runwav Pavement Markinns As Needed City
Drainaae Swales Annuallv City
Fire Extinauishers Annuallv FBO
HVAC Annuallv FBO
Plumbina As Needed City
Fliaht Ooerations Buildinn Paintinn finterior) 5 Years FBO
Fliaht Ooerations Buildina Paintina (exterior) 7 Years City
CaroeUFloor Cleanina Semi-annuallv FBO
New T-Hanaar Drainaae sumns Annuallv City
Hard Stand ReolacemenUReoair As Needed City
Sorinkler Svstem/Pumn Maintenance As Needed City
Electrical Exterior As Needed City
T -Hanaar Electrical As Needed City
T -Hanaar Liahtina Exterior As Needed City
T-Hanaar Linhtina Interior As Needed Tennant
Shade Hanaar Liahtina As Needed City
Shade Hanaar Electrical As Needed Citv
Runwav Liahts As Needed FBO
Exterior Liahts As Needed City
T -Hanaar Door Lubrication As Needed City
Perimeter Securitv Fencinn As Needed City
Automatic Gates Semi- Annuallv Citv
T -Hanaar Paintina As Needed City
Shade Hannar Paintina As Needed City
FBO Buildina Interior As Needed FBO
FBO Buildina Exterior As Needed City
Maintenance Hannar Interior As Needed FBO
Maintenance Hanaar Exterior As Needed City
Fuel System Above Ground As Needed FBO
Fuel System Below Ground As Needed City
36
FnTTRTH AMFNDMFNTTn LFASF Al,-RPFMFNT
THIS FOURTH AMENDMENT TO LEASE AGREEMENT is made and entered
into this day of , 2004, by and between the
CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "Lessor" and CLEARWATER AIRPARK, INC., hereinafter
referred to as "Lessee":
WHEREAS, Lessor and Lessee agree to this Fourth Amendment to
Lease Agreement to amendment Exhibit "B", the Tie-Down/Hangar
Lease for airpark tenants,
NOW THEREFORE, and in consideration of the promises and the
mutual covenants herein contained, the parties hereto agree to
add the following to Exhibit "B":
22. A copy of the performance section of the pilot's
operating handbook for the aircraft listed on this rental
agreement is required prior to placing the aircraft in
the airpark.
23. Failure to abide by performance specifications of the
pilot's operating handbook is reason for immediate
termination of this rental agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year above written.
Countersigned:
FLORIDA
CITY OF CLEARWATER,
By:
Brian J. Aungst
Mayor-Commissioner
William B. Horne, II
City Manager
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
CLEARWATER AIRPARK, INC.
By:
David W. King, Sr., President
37
EXHIBIT "B"
CLEARWATER AIRPARK
TIE-DOWN/HANGAR LEASE
That the
has this day leased
to
(Name of Lessee)
Space No.
Description
(i.e. Hangar/Grass Tie Down/Hard Stand)
located on the Clearwater Airpark on a month to month term beginning on the 1 st day of
,20_, upon the following terms and conditions:
1. The space is to be used solely for the parking of the Tenant's aircraft with the exception that
automobile parking in the space is permitted while the aircraft is being flown. Any other use
must be authorized by the City.
2. Aircraft parked in each space must be registered with the Clearwater Airpark. The aircraft to
be parked is described as:
3. The Tenant does not have the right to sub-lease a space without Lessor's approval.
4. Airworthy aircraft may not be under repair for more than ninety (90) days.
5. If the Tenant changes the aircraft to be parked in the space, the identifications and N-
number of the new aircraft must be reported to the Airport Manager and shown on this
rental agreement.
6. Rent in the amount of $ plus applicable sales tax is due on or before
the first of each month beginning , 20_, and will be
considered delinquent if not paid on or before the 20th of the month. If the tenant has not
paid the rent on or before the last day of each month when it becomes due, the Lessor, may
terminate the rental agreement. The Lessor reserves the right to adjust the rental amount
upon fifteen (15) days written notice to the Tenant. Partial payment of tie-down space rental
will not be accepted by the Lessor.
7. The tenant shall make no structural, electrical, or other modification to the premises. Any
modification that is not expressly authorized in writing by the City shall result in the termination
of this agreement and tenant shall be responsible to restore the premises to its original condition
38
I
and to reimburse the City for any cost, expense or loss of revenue resulting thereof.
8. The Tenant shall be responsible for all damage to the leased premises caused by the Tenant's
negligence or abuse. If the Tenant does not prompdy repair any damages caused by its
negligence or abuse after notification by the Lessor and / or City, the City reserves the right to
make repairs at the Tenant's expense which shall become due and payable as part of the
Tenant's rent on the next billing cycle.
9. Partial payment of space rental will not be accepted by the Lessor.
10. The Tenant shall purchase a hangar lock from the Airport Manager with one (1) key supplied to
the Tenant and one (1) key to be retained by the Airport Manager.
11. The Lessor and the City reserves the right at all times to enter the space for security, fire, and
other emergency inspections. The space shall not be used for any illegal purposes or used in
connection with any illegal activity.
12. Remedies for default and payment. If the Tenant defaults in the payment of rent or does not
fulfill the other terms and conditions of this Lease, the Tenant does, by the signing of this Lease,
grant the Lessor or the City the right to remove the airplane and all contents from the space and
to then lease the space to another tenant. Any airplane removed from space for non-payment of
rent shall be impounded by the Lessor or the City in an area designated by the Airport manager,
and shall not be removed until all unpaid rent, storage charges, fees are paid in fulL This section
shall be construed to be an additional remedy and right granted by the Tenant to the Lessor in
addition to any other remedy available by law.
13. Tenant shall keep area of space clean and clear of oil, grease, and other stains.
14. No explosive or flammable materials will be permitted within or about the space with the
exception of fuel in aircraft tanks.
15. No boxes, crates, rubbish, paper, or litter that could cause or support combustion shall be
permitted within or about the space. All spaces shall be kept clean and neat.
16. Tenant may polish or clean aircraft in the space if flammable materials are not used.
17. No shop equipment shall be installed in the space.
18. Lessee shall be permitted to perform only those repairs and / or maintenance which are
specifically authorized under Federal Air Regulations, Part 43, preventive maintenance allowed
by owner/pilot and subject to approval by the fire official, which does not require the services
of a licensed A & P mechanic. This maintenance may be performed only by the owner or
operator of the aircraft.
19. The tenant is not permitted to bring onto Airpark property fuel not dispensed from the Airpark
fueling facilities with the exception of fuel in the aircraft tanks.
39
20. Failure to abide by these stipulations will result in immediate termination of the Agreement.
Lessor or City may enforce all of the terms of this Agreement.
21. If it becomes necessary for the Lessor to use legal process to collect unpaid rent or charges, the
Tenant shall pay all costs of collection at trial and appellate levels, including attorney fees and
costs, incurred by the Lessor.
22. A rnpy nf thf' pf'rfnrm~nrf' sf'rtlnn nf thf' pilnt's npf'r~ting h~nnhnnk fnr thf' ~irrr~ft listf'n nn
this rf'nt~ I ~grf'f'mf'nt is rf'qnirf'n prinr tn phring thE' ~irrr~ft in thf' ~irp~rk
23. F~ilnrf' tn ~hinE' hy pE'rfnrm~nrE' srf'rifir~tinns nf thE' pilnt's nrf'r~t1ng h~nnhnnk is rf'~snn fnr
immf'niMf' tf'rmin~t1nn nf this rf'nt~ I ~grf'f'mf'nt
LESSOR:
By:
Date:
TENANT:
By:
Date:
40
MR-4 (WS 11-14-05)
Re: Scanned item
Refer to Report & Studies
Box 7
Binder:
Clearwater Municipal Marina
Expansion Feasibility Study
Prepared by:
Wade Trim & Delta Seven
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Clearwater Municipal Marina Expansion Feasibility Report
heICllIHve Summary
1 'iJO Project Description "$OQ"eO~QOllOe"Q<J"O:>00eQO(ll'lOOO(lOGlO"'OO{)QO"Q!lGOg(lOe6Q(l"OO(loe<:lQOOGOOOOOoooo€loeoaooo,"oOQOO 1
1.1 Study Assumptions ......................................................................................3
1.2 Project Methodology ................................................................................... 4
2.0 Submerged lands OWrllers~ ip .....................................................................5
3.0 Ecological Assessment ... ....0. .... .......0 ............. .......... ..00.. o. ..... 0.. ..... ..... ...... ....6
4.0 Existi ng Marina layout. ..... ............ .......... ........ ...... .... ......... .... ........ ..... ....... 9
5.0 Applicable Policies And Regulations .........................................................16
6.0 Potential Marina Configuration Process ................................................... 18
6.1 Preliminary Discussion Regarding Optional Slip Layouts .......................... 20
6.2 Development Of Discussion Configurations ..............................................22
6.3 Integration With Upland Redevelopment Plans ......................................... 25
6.4 Refinement Of Potential Configurations..................................................... 26
6.5 Exploratory Analysis Of The Northwest Corner Of Marina ........................27
6.6 Composite Potential Layouts .....................................................................31
7.0 Revenue Considerations ..... ............. ................ ...... .... .... ............. ..... .........35
8.0 Estimated Marina Costs ............................................................................36
9.0 Anticipated Schedule . ............. .............. ..... ........ ........ .................. ....... .....38
10.0 Summary Conclusions and Recommendations .......................................... 39
Figures
Figure 1 - General Location ................................................................................ 1
Figure 2 - Submerged Lands Ownership ............................................................. 5
Figure 3 - Bathymetric Survey............................................................................. 7
Figure 4 - Historical Aerials of Clearwater Municipal Marina ............................ 10
Figure 5 - Existing Clearwater Municipal Marina Photos ................................... 11
Figure 6 - Boundary Examination 1 ...................................................................21
Figure 7 - Boundary Examination 2................................................................... 21
Figure 8 - Exploratory Layout 1 ......................................................................... 22
Figure 9 - Exploratory Layout 2 .........................................................................23
Figure 10- Exploratory Layout 3.......................................................................24
Figure 11 - Exploratory Analysis of Northwest Corner #1 ..................................28
Figure 12 - Exploratory Analysis of Northwest Corner #2 .................................. 29
Figure 13 - Exploratory Analysis of Northwest Corner #3 .................................. 30
Figure 14 - Composite Layout 1 ........................................................................ 32
Figure 15 - Composite Layout 2 ........................................................................ 33
Figure 16 - Composite Layout 3........................................................................ 34
Figure 17 - Anticipated Timeline .......................................................................38
Table
Table 1 - Estimated Marina Costs ...................................................................... 37
Appendides
A:
B:
Existing Utility Maps
Clearwater Marina Commercial Tenant Survey Results
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November 14, 2005
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Clearwaler Municipal Marina Expansion Feasibility Repol7
1.0 /Project DesrcrfptiorfU
In response to the diminishing supply of private recreational docking facilities and a
documented user demand for additional recreational boat slips, the City of Clearwater
is considering expanding its existing Municipal Marina located on Clearwater Beach.
Located on the south side of Memorial Causeway and east of the Public Parking lot,
the existing public marina includes 166 slips. It encompasses approximately 12 acres
of submerged lands and 3.6 acres of abutting upland support and complementary
uses (plus 2 additional acres of right-of-way on the north along the east bound traffic
lanes into the current parking area). The primary focus of this feasibility study is on
the submerged lands portion of the marina. The underlying purpose of this study is to
determine the estimated maximum number of expansion private recreational boat
slips that could be accommodated within and immediately outside the existing marina
footprint. Other study objectives include the identification of perceived environmental
constraints to expansion, anticipated permitting issues and opportunities, order of
magnitude cost estimates for design, permitting and construction, and an anticipated
schedule for future expansion activities. All of the existing slips are currently located
on City-owned submerged lands. Figure 1 below depicts the general boundary of the
study area.
Figure 1- General Location
Clearwater
Municipal
Marina
General
Study Area
.-j Marina Expansion
i-~ Study Area
(ApPfOl(, 22 acres)
Future Marina
Upland Redeve-
lopment Area
(Approx, 6 acres)
- - SOLJthem Boundary
Of City-Owned
Submerged Lands
(Approx. 12 acres
Within Study Area)
N
WOE
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dvv2063.01 m\docs\govt svcs\rcpor1
November 14, 2005
Page 1
~ WADETRIM
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L;edr'./i/C:II.~(
I'vlarina Expansion
Repori
The existing marina was originally built in 1951 and has undergone upgrades and
expansions over the years. It includes 166 slips leased to both private recreational
boaters and commercial users. A detailed breakdown of existing slips is provided in
Section 4.0 of th is study.
The City of Clearwater engaged the Consultant team including Wade Trim (planning
and engineering) as the Prime Consultant and Delta Seven, Inc. (environmental studies
and permitting issues and opportunities) as a subconsultant to complete this expansion
feasibility study. The study is being funded by a grant form the Florida Fish and Wildlife
Conservation Commission, Florida Boating Improvement Program. The feasibil ity study
commenced in July 2005 and a final copy of the study must be submitted to the State
on or before December 31, 2005.
It is important to understand that this study represents the first phase of a multi-phased
development program associated with the marina expansion. The FFWCC funding
for this phase is concerned primarily with identifying the physical opportunities and
constraints associated with the future expansion. More specifically, it seeks to identify
the maximum number of recreational slips that could be added to the existing marina
along with potential environmental permitting issues, estimated costs and schedule.
Subsequent funding from FFWCC will be sought for the second phase which will
address revenue projections, return on investment, affordability determination, etc.
The second phase would be followed by the preparation of design plans, permits and
construction activities.
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The underlying assumptions upon which the feasibility study was prepared include
the following:
$ Marina expansion should occur primarily on City-owned submerged lands.
Expansion outside of these lands will require a submerged lands lease from the
State of Florida to accommodate needed expansion.
. Concrete floating dock system similar to that proposed for the future Clearwater
Bayfront Marina should be used in the marina expansion. The aesthetics of any
expansion should be a key consideration recognizing the visual quality and
ambiance desired through Beach By Design and recent development approvals
on the beach. The study should include the addition of a design feature to hide
existing storage, refrigerators, freezers, tables, etc. currently located along the
northerly sidewalk serving the commercial fishing vessels.
. The Consultant will use existing bathymetric survey and environmental data from
the 2004 maintenance dredging permits issued to the City. However, the Consultant
should ground truth conditions in the field.
. The study should seek to maintain the same balance of slip types as currently
exists at the marina recognizing however, today's trend is toward wider vessels
which should be considered in any reconfiguration of current slips.
. All slips will have water, sanitary sewer, electricity, cable TV and telephone service.
. No additional rest rooms will be addressed in the study recognizing the abutting
upland area may be redeveloped at a future date.
. Any proposed lighting should compliment adjacent upland redevelopment
activities.
==='"'="'.-=:::-==-~==-
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Cfearl;vater
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F?epor!
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NUe/hods
Because of the December 31,2005 deadline for grant completion, the Consultant
and staff developed and implemented an aggressive five-month study program that
included input from staff, the City's Marine Advisory Board and City Council. A project
kick-off meeting was held at the Harbormaster's Office at the Municipal Marina on
July 29,2005 where project assumptions and parameters were established as outlined
above and refined and expanded overthe course of the assignment. Recognizing the
lack of historical lias-built" plans of the existing marina, the Consultant contracted
with a local aerial photographer to prepare a color controlled aerial photograph of
the existing marina and adjoining uplands.
As a result of the marina maintenance dredging completed in 2004, the Consultant
was able to utilize a recent bathymetric survey of the marina along with other permit
information regarding seagrass, water quality and bottom lands. Delta Seven's
environmental scientists conducted field verification of the information provided.
Information regarding the location and size of existing utilities serving the marina
were obtained from City atlas's and used for the expansion feasibility study. Cost
estimates were prepared by the Consultant based on discussions with a nationally
recognized concrete floating dock company and recent construction cost information
maintained in the Consultant's files.
In addition to regular discussions and progress meetings with the City's Marine Staff,
the Consultant attended the September 14, 2005 regular meeting of the Marine
Advisory Board to present preliminary conceptual layouts of the marina expansion
requesting input from members regarding perceived expansion issues and
opportunities. That same day the Consultant met with Assistant City Manager for
Economic Development and the Assistant Planning Director to discuss the interface
of any proposed marina expansion with other current and future development plans
for the upland areas along the north and west marina boundaries. An additional
meeting was held on October 3,2005 to receive input from several of the commercial
vessel owners who expressed concerns at the September 14, 2005 Advisory Board
meeting regarding the conceptual location and orientation of the commercial slips.
Valuable and constructive input was received from the Advisory Board and commercial
users of the marina dealing with such issues as visibility and pedestrian traffic, location
of fueling facilities, prevailing currents along the eastern edge of the marina vis-a-vis
ingress and egress from existing slips, delivery and movement of goods and supplies
to the commercial vessels, and centralized verses decentralized marketing and
ticketing of passengers. In addition to the meeting above, the Consultant attended a
Pre-application meeting with the FDEP on August 21,2005 to discuss any perceived
environmental issues with the proposed marina expansion. A more detailed discussion
of the input received from these meetings is included in later sections of this study.
The Consultant met with the Marine Staff on October 13, 2005 to present a series of
concept plans and a composite conceptual plan that reflected the thoughts of the
Consultant and input received from the previous meetings with the Marine Advisory
Board and commercial users. Following the October 13, 2005 meeting the Consultant
prepared a formal presentation outlining the perceived opportunities and constraints
associated with the marina expansion. Salient information from the presentation was
also discussed with the Marine Advisory Board at its November 2, 2005 Regular
Meeting. A comprehensive presentation was subsequently presented at the November
14,2005 regularly scheduled City Council Workshop.
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November 14, 2005
Page 4
It] WADETRIM
CJeaf\lvaler
/VJarinZi
Feasibility F?epoit
2 5!lJjj'bmergre{u7
In 1925 the State of Florida transferred ownership of two parcels of land to local
government for the purpose of constructing a bridge or causeway to connect the
mainland to Clearwater Beach. The land grant resulted in the Clearwater Memorial
Causeway. Ownership of these submerged lands by the City of Clearwater is
recognized by the State of Florida and the boundaries are shown in Figure 2.
The marina, as it exists today, lies totally within those granted lands. Some of the
Marina expansion configurations presented in this study extend beyond these property
lines and onto Sovereign State Lands. These latter are, by force of law, both Aquatic
Preserves and Outstanding Florida Waters. Were the marina to be expanded over
these lands, special chapters of the Florida Administrative Code would apply and a
submerged lands lease will be required.
Figure 2 - Submerged Lands Ownership
Clearwater Municipal Marina
City Ownership Boundafy
WOE
,
City Ownership
100 200 400
Feet
Act"'" So",'<'11_ Pina.~iJSA."i"f
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The site in question has been operated as a marine facility since 1951. The north and
west boundaries of the basin are seawalled. To the east is Mandalay Channel, an
artificial pass created by the filled memorial causeway and Clearwater Beach. The
southern boundary of the basin is seawalled and populated with residential
development constructed on filled lands. The basin and Mandalay channel have
been dredged. The most recent dredging occurred in 2004. Bathymetry is presented
in Figure 3 on the following page, with depths in the marina varying between 8 and
1 3 feet.
Sensitive natural resources within the project boundary are limited. Habitats include
sandy and muddy bay bottom, seagrass beds, and hard surfaces usable by sessile
organisms such as oysters or soft corals. The combination of depth and seawalls have
served to make emergent habitats virtually non existent. There are no mangroves or
shore grasses. The seawalls themselves, as well as marina pilings, provide some
intertidal habitat which is primarily populated with oysters and barnacles. These same
structures, as well as debris and small outcrops of natural rock, provide hard substrate
for subtidal sessile organisms. These habitats are either rare, confined to the shore, or
ephemeral due to the unstable nature of the debris in question. The bay bottom has
been periodically dredged resulting in a chronic disruption of invertebrate populations.
This type of perturbation is typically very short in duration as the infauna reproduce
rapidly and re-colonization occurs in a matter of months. Mobile resources, such as
various fishes and the West Indian Manatee, are transient members of the system.
Fishes orientto the structure and many, such as sheepshead and grunt, will take food
organisms from the materials growing on piles and walls. Manatees may wander into
the area, but are not expected to remain. There are no sources of either fresh or warm
waters and food is limited to the small grass beds outside the marina but within the
basin. These organisms occupy the major habitat of the area, the water column itself.
Not all of these resources are at risk. The infauna, sessile organisms living on hard
surfaces, and the fishes, have acclimated to the habitat provided by the marina and
their populations appear stable and normal. The grass beds are within the general
basin, but are well outside the sphere of influence of the marina. Of the remainder,
the manatee and the water quality are the resources warranting greater attention.
In Pinellas County, north of the narrows, there have been only three Manatee strikes
since 1974 (30 years). Caution signs, no wake zones and general boater education
are to be credited. The risk associated with increasing the number of boats in this
marina from 166 to the maximum projected number of 230 is insignificant.
Water quality in Clearwater Harbor has been most adversely affected by the earliest
development practices (1950 - 1972). All development since 1972, however, has
been subjected to the requirements of the Clean Water Act and locally subordinate
regulations. The Clean Air Act has also played a role in reducing pollutant loads to
the waters. Both of these Acts, as well as State and County regulations have been
revised in a steadily more effective regulatory manner such that current pollutant
loads are only a fraction of that in previous years. In addition, paints and piling
treatments have been refined to reduce or eliminate pollutants. The design concept
being entertained in this study uses floating piers and concrete pilings. These
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alternatives to pressure treated wood wi II serve to reduce leachate loads even after
increasing the number of slips. Associated upland redevelopment may also provide
an opportunity to reduce pollutant loads from surface runoff.
The water quality parameters of most concern to the State are copper and dissolved
oxygen (as identified at the August 31, 2005 FDEP pre-application meeting), Copper
is known to occur in high concentrations throughout Tampa Bay and Clearwater
Harbor. The source is not known, but most marine contractors are now using either
concrete piles or piles coated in a sheet vinyl to reduce the possibility of introducing
new sources of copper into the waters, Dissolved oxygen was noted as a concern,
but there are no data confirming the problem.
The reconfiguration of the marina also provides the opportunity to incorporate the
latest technology in fuel transfer safety, spill clean up technology, debris and refuse
controls, and other clean marina practices, serving to further enhance water quality
improvements.
In summary, the high profile resources in the project area are sparse (seagrass), not at
risk (manatee), or stand to be enhanced (water quality), Virtually no resources are put
at risk by the contemplated expansion and others may experience reductions to the
existing risk.
chv206J.Ol m\docs\govt svcs\rcport
November 14, 2005
Page 8
~ WADETRIM
C'jean/valer
IV/arlna
;::'''Zlsibilliy f{epori
0) fx,q:Btirng /~arina lLaYOltf'f
The first phase of the existing Municipal Marina was constructed in 1951. figure 4,
on the following page, graphically depicts how the marina has expanded over the
past 55 years. The current layout is the result of what happens when a marina is
designed to 1950 standards and then, over the years, small incremental alterations
are made in order to meet the needs of particular users. Some of these needs may
have been temporary. Following the maintenance dredging in 2004, depths vary
between 8 and 13 feet. The present configuration is generally unsuited to current
commercial and private recreational boating needs and contains open areas that are
underutilized.
The marina contains a mixture of slip sizes and types, including the following:
. 85 recreational slips
. 23 transient slips
. 48 commercial slips
. 6 fuel dock slips
. commercial fuel dock on the seawall
. Pinellas County reef vessel
. 1 City of Clearwater tug/barge
. 1 City of Clearwater small boat slip
The marina is 100 percent occupied with a waiting list of approximately three years.
It operates 365 days a year. Vessels up to 125 feet can be accommodated. The fuel
slips provide gasoline and diesel fuel for boaters throughout the immediate area.
Sewage pump-out connections are provided at all private recreational slips as well as
24-hour security, free cable TV, weather monitoring, free fishing pier and waste oil
disposal. Restrooms and showers are provided in the adjacent upland mixed use
stru ctu re.
The incremental development of the marina over the years has resulted in the
placement of storage, freezers, tables, ticketing, offices and inconsistent signage along
the northerly and westerly sidewalks serving the commercial slips. Any future
redevelopment of the marina should seek to provide these support activities in a
more aesthetically pleasing manner, ideally within the upland structure, recognizing
some of these activities are not water dependent (e.g. offices, storage).
The photographs on pages 11-15 (figure 5) depict the existing marina.
clw206J.O-! rn\docs\govt svcs\report
1'~overnber 14, 2005
Page 9
Itl WADETRIM
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clvv2063.01 rn\docs\govt svcs\n'pOI1
November 14, 2005
Page 11
~ WADETRIM
C/earvl/aier /Vlunicipa/ Nlarina
P.eport
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clvv20E,J.Ol Ill\docs\govt svcs\rcpor1
Page 1 5
Novelllberl4! 2005
ItJ WADETRIM
Clearwater Iviunicipai II/Iarina
Feasibiliiy
I'" ()"
;Yo
Applicable Policies And Reguiatlirrm:5
Permits and approvals will be required for the Marina expansion from the City, County,
State, and Federal governments. In addition, the Tampa Bay Regional Planning Council
and the Pinellas Planning Council are expected to provide guidance. Other advisories
will be generated by the National Marine Fisheries Service (NMFS), U.S. Fish and
Wildlife Service (USFWS), Environmental Protection Agency (EPA) and the Florida
Fish and Wildlife Conservation Commission (FFWCC). These latter comments will be
directed primarily at protected or managed species and water quality while the former
are more likely to focus on sociological issues. The agencies themselves will
incorporate the comments into the regulatory review.
Because of the nature of the existing facil ity and the current conditions of the site, the
ecological impacts are expected to be subordinate in magnitude to the sociological
ones. Still, the agencies have indicated that the facility will be treated as if it were a
newly proposed marina because of the magnitude of the reconfiguration.
The County, under the auspices of the Pinellas County Water and Navigation Control
Authority will review the project for compliance with its regulations, but not other
County codes. These regulations focus on navigational and environmental issues and
the facility can be designed appropriately. Pinellas County will ask for assurances
that the upland facility is capable of supporting the marine facility, including providing
sufficient parking.
The State permitting may be conducted by the FDEP or by SWFWMD. Under the ERP
interagency agreement, SWFWMD would normally conduct permit reviews where
upland development occurs concurrently. The FDEP, however, has the ability to select
certain projects and retain review under its procedures. Based on conversations with
the FDEP, the latter is the more probable scenario. It should be noted that the
implementation of the redesign may not occur for several years and this scenario
could change. State permitting is also in the process of revision. The Working
Waterfronts Bill of 2005 presents new criteria and procedures for marinas being
proposed by local governments. The criteria of the new laws have yet to be defined
in the Florida Administrative Code, but it is clear that the intent of the legislature is to
provide for some relief to the shortage of wet slips throughout the State of Florida.
The existing marina is clearly vested under the provisions of Chapter 380.06 Florida
Statutes regarding Development of Regional Impact (DRI) review as evidenced by
the fact that the majority of the existing slips were constructed by 1965, nearly eight
years before the DRI legislation took effect. This is further evidenced by reviewing
the historical aerial photographs on page 10. It is the Consultant's opinion that the
additional estimated 64 slips referenced in this study could be added to the existing
marina without requiring formal DRI review. The DRI threshold for new or expansion
slips is 150, excluding any vested slips.
The US Army Corps of Engineers will also treat the reconfiguration as if it were a new
marina. The focus of the CaE is on dredging and discharges, with special attention
being paid to protected and managed species and water quality. Because of the history
of the site, its recent dredging, and the conversion from fixed piers to floating piers,
the project appears to be perm ittable by the CaE.
c1w2063.01 m\docs\govt svcs\rcport
November 14, 2005
Page 1 6
It] WADETRIM
C'JeaFv!/atei
IV/arina
Feasibjfity l~eporj
One particular comment from the agencies was that education on manatees must
address the coastal cruiser as that boater may not be as aware of manatees as are
most Florida boaters. Regulators were concerned over copper concentrations and
dissolved oxygen levels, but these are general concerns which can be addressed in
the design and permit development process.
It is also important to note that the use ofthe slips for commercial or private recreational
purposes are not constrained by permits or regulations. While slips accommodating
live aboard vessels are required to meet certain standards, the use of a slip for a
commercial enterprise is the result of the City responding to the economic demand of
the person wishing to do business.
Both State and Federal regu lations include an assessment of the general benefit to the
public in the construction of new marinas. These public interest tests are particularly
important where a lease of bottom lands is required from the State. Regulators stated
that fish attractors or habitat improvements will be considered in the public interest.
The treatment of upland stormwater will be considered a public benefit as well.
clvv206J.O-lln\docs\govt svcs\repor1
Nover'nber 14, 2005
Page 1 7
It] WADETRIM
Clearyv,lier iviunicipal IViarina Expansiun Feasibility F:eport
.c tn
l[)).tuJ
f'!oterrntiaJ J\VMiflB"Offifa CotrDfiguratio!fJJ Pr![))Ce~,;;;
In developing different marina configurations, the Consultant followed a deliberate
and iterative process resulting in three "Exploratory Marina Layouts". It is important
for the reader to recognize there is an unlimited number of optional layouts depending
on such criteria as navigational safety, currents, visibility, slip length and width, number
of commercial, recreational and/or day slips, etc.
In examining the primary goal of increasing the number of private recreational slips,
the Consultant used the process outlined below. Step one sought to define planning
boundaries focusing on ecological, physical, geographic, and proprietary limitations.
Within these boundaries, regulatory limitations are examined. The sum of these limits
provides the "planning space" within which options, such as vessel size, access, and
amenities can be explored.
Ecological Limitations
Ecological concerns are discussed in Section 3.0 and are focused on manatees and
water qual ity. Neither of these result in constraints on the actual configuration of the
facility. The latter, however, includes a concern over high copper concentrations.
Floating docks and concrete pilings are not a source for new copper.
Physical Limits
The physical limits are water depth and the currents of Mandalay Channel. Water
depths are generally in excess of 8 feet and would not represent a concern as long as
vessels remain in less than deep draft categories. The currents in Mandalay Channel
are reported to be strong constraining maneuverability and navigational safety. The
actual length of the seawall presents a physical limit to the number of vessels which
can be moored directly to that wall. The latter is a stated preference of several
commercial users, and therefore, must be considered.
Geographic Limits
Geographically, the boundaries are Mandalay Channel itself and the unmarked
channel are used to enter the existing marina. To the south, along the south shore, are
residential properties most of which have moorings as amenities. These boaters have
navigational needs which must not be unduly infringed upon by the expansion of the
marina. To accommodate this, a setback line was drawn sufficiently offshore of the
ends of these docks to allow for safe navigation. This line was used as the southern
boundary of the unmarked channel. A channel width of 150 feet was assumed. The
northern edge of this channel becomes the southern geographical limitation of the
marina expansion area.
Wind and wave exposure were also considered as a potential geographic limit.
Northern, Western, and Southern exposures are sheltered by adjacent land masses.
Memorial Causeway reduces the Eastern fetch so that waves are not extreme except
in extreme storm conditions. Exposure, therefore, was not considered limiting.
clw2063.0"1 rn\docs\govt svcs\rcpor1
November 14, 2005
Page 1 8
D1 WADETRIM
('lenr1;lj{){er
J\/Jarina [::pansio/l /::easibilhy F?eport
Proprietary limits
The initial assumption used in the study was that the facility should be located on
Water Lot One. During initial phases of the work, it was learned that the City also has
title to the lands east of Water lot One and a result of the 1925 land grant. Lands to
the South are Sovereign State Lands. During the course of the study, the limitation of
remaining on Clearwater Property was removed because State Officials expressed
only minimal concerns over the expansion. The passage of the Working Waterfronts
Bill was also considered in the removal of the proprietary limitation.
Regulations
Regulatory restraints arise from City, County, State, and Federal Regulations. These
will be addressed in a later section, but are summarized here. Each of these regulations
focus on the protection of natural resources and the safety of navigation. For planning
purposes, therefore, the regulatory limits were perceived to be ecological impacts
and safety issues, not the process of obtaining permits.
Planning Goals
Meeting the goals actually represents the final set of limitations. Specifically the project
must meet the needs of the citizens of the City of Clearwater. The statement imposes
a limit that the project cannot be socially or economically unacceptable.
Within that framework, the desires or goals given to the planning team were to:
.
.
.
"
Ii
maximize the number of private recreational slips
maintain the existing mixture of commercial and private recreational uses
focus increases in slips on private recreational uses
maintain the general mixture of the size of the slips
assure functional integration with the upland redevelopment
improve facility itself by making slips wider, adding finger piers, improve amenities,
and converting to a floating system
.
clw206J.O-j rn\docs\govt svcs\rcport
November 14, 2005
Page 19
It] WADETRIM
CleaiWiJier /\/Iunicipal /'vlarina
"""-"'''-'==='-'''~'''~=C'--'--''=~=-'''-''"."""''-~~-==,=.7",-==-.C_==''''=r..=''"""'........,_...c=...-..~.".,:.=_"-;o:.__"'.=-_'.==--"=="'-=--.='"""'"'=----o==,,=-=.=_C====='''_'=.,",-_~O=''''''~=_='====-~___'_='''~",.'_._=~==--==
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ti
preliniiinary DiscU5::"iion Reg,ilrding
Sf'" 1 t
\ '". " ;:;J'V! 'i1.
. ;1}J _C,<.I [:)JJI 5
Early in the process, the planning team recognized that adding new wet slips was not
the only way to increase the public access. Alternatives include boat ramps, high and
dry storage facilities, mooring fields, and even an alternate site located at the
southeastern tip of the Memorial Causeway. The latter was particularly interesting
because of the planned addition of a pedestrian bridge which could provide access
from the main facility. Each of these was rejected, primarily because grant funding by
the State for this project was specific to expanding the exiting marina and the City
plans to assess the feasibility of three separate sites for a future high and dry facility
under a forthcoming State grant.
Boat ramps and dry storage facilities are not water intensive, but are land intensive
requiring extensive parking and upland facilities. The mooring field concept requires
ferry services and each vessel requires a large space in which to swing on its mooring.
There was insufficient space considering the location of channels, seagrasses, and
other restraints. The facility at the alternate location was considered beyond the
boundaries of the study but remains a potential location for day moorings subject to
future investigation.
Focusing on new recreational wet slips with the constraint of remaining on City
property, two configurations were produced and quickly rejected by the planning
team. See Figures 6 and 7 on the following page. Each configuration would require
private boat owners in the most distant slips to walk in excess of 700 feet to reach
their vessel. The configuration restricts safe navigation and reduces water surface
available for slips. Taken in conjunction with the FDEP's minimal concerns over leasing
state lands, the decision was made to abandon the proprietary limitation.
clvv20C1J.Olln\docs\govt svcs\rcpO/l
November 14, 2005
Page 20
~ WADETRIM
(jearvvater /Viunicipa! Ivlarina
feasibility {<epo;t
figure 6 - Boundary Examination 1
Plllrameters:
I> Remain within City-owned property
) Main entrance to the east
I> Constrained site
Lengthy route to access slips (950')
Rejected
75 150
300
Feet
-'I
II
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i
ii
ii
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~Ci\YOfCIl:!l:Ir\Vl:lter
~~;c<_~:~. ':~~~te:;ia; ~~e;;APpr~X~50')
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\.. ~_._--~._~-~---~~~= /
~ ~_..~"
~. - --===----....
--
Sol.Jthern Boundar}
of Cilv-Owned
StJbmf!,ged Lands
r.=.=J Buildings or Other Features
--- - - Site Boundary J Existing Structures
""""*"""' Cllannel edge
---- Properly lioe
~
r~l1
W~.~.-.l..E
,-!../
5
'-,
~.
Boundary Examination - 1
-=- Existing parting
~PlltentjalPiers
Figure 7 - Boundary Examination 2
Parameters:
~ Remain within City-owned property
~ Main entrance from south
~ Constrained site
~ Lengthy route to access slips (660')
!> Rejected
~------r--
I
75
150
300
Feet
--L-___~~~__
~-
r--~--~-'
_J
L~~~.__~.'-= _ _ _
DSuildingSorOtherFeatures
--'~~_.___!'otential Piers (Approx, 660')
\
\
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CCil,'OfCI",.ifwaler
lJf1llHU\ced Cl1af!nel
- - - -- Site Boundary
---- PrQP!lrl~ line
~
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"....
"'c.:-c..
,,",..0;;;0'"0 Channel edge
~E.islingpa,~:ing
c:.:=J Pott'!nlial Pi"HS
Boundary Examination - 2
cJw206.l.01 rn\c1ocs\govt $vcs\report
November 14, 2005
Page 21
It] WADETRIM
C/eail;1/afer /vlunjcjpaJ IvJzuina Expansion Feasibility
"~==c:"'"=='-"_~~_ ~===="-=~==="'=-=--=--"'-"'''-'-==-='''-''-~-'';;""=-"=,,~=-~=,,,,-,,=,_,,,-,"C-=-=---==""~-=-'"====""..::L=-'="'.~"',_"_~",",,,,"',-<"",,---==~=,c====--=_.=._==
602 Development Of Dj5J!Crli75Si0!f!1 C{!)!f'Jff'ig11iriTJtion31
The need to develop discussion with the potential users was addressed by preparing
three configurations (Exploratory Layouts), each maximizing or assessing different
use and design options. One of these was presented to the Marine Advisory Board on
September 14, 2005 for the specific purpose of generating discussion over which
optional attributes were perceived as more valuable to the users. These optional
components included slip size and width, the location of fueling facilities, and
navigational concerns or options. Commercial users are also concerned with storage,
trash disposal, ticket sales, visibility, availability of ice orthe abilityto load and unload
perishables or the daily catch. Passenger safety was also identified as a priority issue.
The three Exploratory Layouts are presented in this section as in Figures 8,9 and 10
labeled Exploratory Layouts 1, 2 and 3.
6.2.1 Exploratory Layout 1
This configuration (Figure 8) was driven primarily by easing the navigation of the
larger vessels. In the existing marina these vessels are located in a manner which
requires that a large turning or maneuvering basin be located in an area that
could otherwise be utilized for additional slips. The layout also includes wide
access piers and very wide passenger waiting platforms to enhance public safety.
Wider slips and finger piers were also added. The layout was rejected. While it
provides for an increase of 13 slips, the relocation of the passenger vessels away
from the seawall creates some logistical problems. During this evaluation, a
differentiation was made between passenger vessels requiring high levels of
logistical support, such as a dinner boat, and passenger vessels with little to no
need for loading and unloading supplies, such as a parasail operator.
Figure 8 - Exploratory Layout 1
Parameters:
~ Not constrained by City lands ownership
~ Driven by navi!;lation of larger boats
~ Added finger pIers
~ Wider access piers
~ Large passenger platforms
~ Wider Slips
OJ 47 commercial slips
B 17 recreational slips
D 115 optional use slips
. 179 TOTAL (+13)
AY/
/~/
/
'I~
i,'
Ii
EJt;sting
Parking
300 I
Feet
-l
-I
I
I
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~ I
Urlmarked Chaomll 'c-="' __, I
-, - ~~~~~"=~=~'~-~ ===o~o~c~--="=o.ooo<ol
Exploratory Layout - 1 I
I
I
I
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L
o 75 150
ExfsUng
Parking
, I
/-
f!
! I
I\~
I '
- ----/
!
I
I
I~-~~-+------~
1 10 E1.~Sli~~~~: Recreational-1i ~ips
i: ~ City orClear.'later Commercial-47 slips
j! ----: Siletlourctary c.:J Oplional use-115 slips
i i =-" Chanr~1!1 edge C-.J Potential piers . _ ..:'t,
j j ___ Prcpert'llml! \\ ~P.I_l E
~:19J~liP& total - I-((~/
l ! ~ E(isti~~ p~I1\~~g _ S
clw20td.Ollll\docs\govt svcs\rcport
November 14, 2005
Page 22
It] WADETRIM
Clearwater !'/Iunicipal Marina Expansion Feasibility F:.eport
b.2.2 ltxpkWiJfiory l31YOiL![ 2:
This configuration (Figure 9) was driven by the concept of eliminating all seawall
mooring, thereby eliminating preferential slips, and by reducing the general size
of the boats. Encroachment onto state lands was also limited. This option creates
a facility which is easily used by either commercial or private recreational users,
but does not offer the support services needed for commercial users. It was rejected,
but did highlight the ability to maximize slips and minimize walking distances
using straight line pier configurations.
Figure 9 - Exploratory Layout 2
---i
I
+--
I -} ~,I
..iCJEKiSli",.',."".res ~ Recreational017s"P'... .
I c=J CIty 01 Clearwater 11II co~mercial - 37 slips
1- - - Slle b:ll.mCllry C Op.llmal use. 115 :s~ps
, r-1.,
! =0=.> ChanMI edge '-.J Potential pters ~h_
~~
! ---- Propert~ Ime 169 slips total \\ ~. ~-
i""""'" ExlslIng parking (1'3) S
'--_.~ --~--..._~_.~- '--~
Parameters:
p Same constraints and improvements
, 37 commercial slips
" 17 recreational slips
" 115 optional use slips
" 169 TOTAL (+3)
" 180 linear leet 01 day mooring
>,,<}?~;~>'"=-=~.,)
, /
/
75 150
300
Feet
i
I
_~~~,;r.\'.".\\.tll'l)
Existing
Parking
----
Exploratory Layout - 2
c1vv20GJ.Ol Itl\docs\govt svcs\rC:[-lor1
November 14, 2005
Page 23
Itl WADETRIM
Clearvvater /viunicipcll f'v'laridCl
,&23 Exploratory laymrI 3
This configuration (Figure 10) was driven by the principle goal of maximizing
private recreational slips. It would provide 230 total slips, an increase of 64 private
recreational mooring spaces. The slips are wider and generally larger than in the
existing marina and each is enhanced with a finger pier for easy access. The
easternmost pier would also provide in excess of 400 feet of day mooring space.
Exploratory Layout 3 was used to develop the dialogue with the Marine Advisory
Board and the existing tenants.
Figure 10 - Exploratory Layout 3
IDExi5Iin9Ieill\lr!:ts
==:J City of Clearwater
,----- Si~'.""d"y
~Challneledgl!
--Properll'llne
75 150 300
Feet
I
~
Existing
Parking
Existing
Parking
-+---------
~ Recrnlional-183 slips --- -1
l1li Commercial_ 47 slipS I
Unmar1i.edChannel
c=J Plllenliall1't:rs
===- Existing paIXing
230 slips total
(+64)
N ,
~.,
"_A!1--,,,i
'-~--'--
.....~~ .
S
--..,
Exploratory Layout - 3
chv2063.01m\clocs\govt svcs\rcport
November 14, 2005
Page 24
~ WADETRIM
(---:lear\;valej" /vlunici{)a/ iv-larina Expansion Feasibility k2/:Jori
-3
tv.
ffnt,egraitio97J YVith
!J.l1edreO/f.'J(Q)/[)/llli{f2'[[ofi n'iJJlatnJ.1)
il
Concurrent with the development of the three Exploratory Layouts, City staff expressed
the need of the commercial boaters to have storage space off the docks, ticketing
spaces, fuel, visibility, and the integration of these with the eventual redevelopment
of the upland parcel. A specific design program for the future redevelopment of this
parcel has not been developed by the City. Potential upland uses could include a
hotel, public parking, guideway station, retail, office or service space, ships store,
restaurants, and upland storage, ticketing and reservation stations, etc. It is important
that the ultimate layout of the marina and the upland redevelopment program be
coordinated and confirmed to ensure each facility compliments the other. This future
upland facility would likely help remove some of the unsightly support activity that
currently exist along the northern walkway between the marina and upland structures.
It was noted that a portion of the customers of the commercial fleet were impulse
users, most coming from beachfront hotels, restaurants or the parking lot. The existing
ticket sales facilities may not compliment the ambience envisioned for the future
Marina. The safety of pedestrians clustered along Coronado Drive was also an
expressed concern. There is also the strong potential that the focal point of the upland
facility could shift to the east with the future redevelopment which will likely occur
after 2009 when the current Post Office lease expires. Again, any proposed marina
reconfiguration should interface easily with an upland mixed use facility generally
located midway along the north sea wall.
As part of this feasibility study the City Marine staff sent a survey to all the current
commercial marina slip users. This survey identified the source of clients, days at sea
per month, and vessel information (i.e., length, beam, draft). A copy of the survey
results is in Appendix B of this report. One of the questions in the survey was whether
their passengers were walk- up passengers or if they made advance reservations. It is
critical to acknowledge the difference in these two categories when compared to the
superficial corollary pair of impulse and pre-planned passenger types. It is likely that
a large number of passengers without reservations simply knew they did not need a
reservation, but had planned to take the trip. It is presumed that most people are
unlikely to embark on a cruise, fishing trip, or adventure that may be several hours in
duration on an impulse. Short trips, such as parasail adventures, or sight seeing trips
are more likely to attract an impulse passenger.
Exploratory Layouts were prepared while considering the changes in the associated
uplands as well as the planning constraints mentioned previously.
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6Af. hViefinemenl Of Potential COJflJfigWl',atNoIflJ5
The dialogue that resulted from the multiple discussions with users, staff, and agencies
led to valuable refinements in the planning criteria. Salient points include:
~ The future market is not known, but if current trends persist, the need for private
moorings will become greater.
. The future market demand as it relates to length and beam of slips is expected to
trend towards both longer and wider vessels. Clearwater is developing a larger
percentage of large vessel owners and Catamaran and Trimaran hulls are becoming
more prominent.
. The finger piers are an amenity that, if eliminated could result in more slips, but
would degrade the overall functionality and quality of the structure.
. The interface in design and function between the envisioned upland redevelopment
and any selected mari na configuration is critical to the future success of the faci I ity.
.. Commercial users can be segregated into groups based to their source of
passengers, need for logistical support, passenger load, and the type of business
being conducted.
.. Currents in Mandalay Channel may be too great to allow expansion eastward of
the existing easternmost bank of slips. Modeling of the channel would be
appropriate as part of the design phase.
.. There is a potent pressure among some commercial users to maintain the existing
configuration of the slips in the northwest corner of the facility.
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6u5 fxpUoraiory AnalY'iJis ,Of The
Cogafl1)er Of !Marina
The final point in the above list is the concern that some commercial vessel owners
have regarding changes to the northwest corner of the existing marina. Identified
perception of needs include:
4l Location of established business: Some users voiced the concern that their
passengers would not know where to find them if they moved.
, Reliance on walk up passengers: Users voiced concern that their passenger base
was walk up and moving away from the corner would put them further from the
pedestrian traffic patterns from which they draw customers.
. Visibility: Users voiced a concern that if they were to move down the seawall,
their potential passengers would not be able to see them, and therefore the impulse
based trip might not be taken.
. Storage: Users expressed a concern regarding the proximity of assigned bunker
space.
. Ticket sales: Users expressed a concern that ticket sales located in other areas
would not be productive, believing that the sight of the boat itself is a strong
inducement to sales.
. Improvements: Several users expressed a sense of investment based in having
constructed ticket booths, storage units, sales offices, and corporate offices all at
their own expense. Any relocation within the marina was perceived as a loss of
this investment.
These perceptions may not reflect actual needs, but each of them are founded on
basic economics and business elements. As mentioned previously, the walk-up
customer mayor may not be an impulse customer. There are no data at this time to
refine this distinction further. "Location" is a long standing maxim in attracting
customers. It is, however, only a reflection of the integration of behaviors extant in
the vicinity. For example, a good location can become a poor one with the installation
of a traffic signal. The analog here is that a good location will only remain good if the
pedestrian and automobile traffic patterns do not change, if the economy does not
change, and if adjacent uses do not change. Current location, therefore, in and of
itself is irrelevant in light of planned changes to all of the elements mentioned. Sub
elements of location though remain exceptionally relevant. Visibility, logistical support,
customer safety, customer satisfaction, and lesser elements of location are all strong
influences on commercial success or failure. In a similar manner, the location of
ticket points of sale are mentioned as a critical element, but it is possible that the
current location may not be the best under future conditions. In some instances, the
change in location of one or two popular, reservation based vessels, could affect
pedestrian traffic patterns throughout the marina. It is possible, that such a relocation
would actually increase the number of good locations by stretching traffic patterns
and dispersing crowds, increasing exposure to other areas of the marina. These
elements have not been studied as a part of this work, but are recommended for
inclusion in future design considerations.
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In discussions with City Staff, Marine Advisory Board and commercial boaters, there
are specific obstacles and opportunities associated with the Northwest Corner of the
existing marina. Consequently, the Consultant conducted exploratory analysis involving
these potential slip layouts. It is important for the reader to understand that the specific
number of slips discussed in each layout below reflects only those slips in the northwest
corner. Additional commercial slips would likely be provided along the existing
seawall.
6.5.1 Exploratory Analysis Of Northwest Comer: layout One
In this layout (Figure 11) navigational safety and passenger safety are maximized.
Slips along the west wall are designated for commercial vessels with low passenger
capacities and little to no needs for logistical support and storage. These are
expected to be parasai I operations, personal watercraft operations, and others
catering to impulse users with little baggage and few amenities.
Larger vessels with high passenger capacities and high logistical and storage needs
are on the western portion of the north wall. Finger piers are very wide allowing
passengers to move off the wall and parking area, onto a staging area. To the east
of these vessels are medium sized boats with high logistical and storage needs
and moderate passenger capacities. Charter fishermen would be typical for this
area. The first configuration allows for 22 additional slips.
figure 11 - Exploratory Analysis of Northwest Corner #1
Parameters:
~ Maximize navigation safety
~ Maximize passenger safety
~ Maximize sea wall use
. 22 slips
Exploratory Analysis
clNorthwe~ Comer-1
L
J
l--- ~
"X~.i~~;1~~~("."J2<"llr --~ "'-~-
- I !
40' J( 16'
This Area
Not Included
In Analysis
! i [=:J E>'.iS!ln;;lfealures
h c=J 0)' ofClc.:llWalCr
~Rec'eatilJnal-Oslips
_ Commercilll- 22 slips
SittoBQUfldaf'j
00"
'"
o~
'\.
~ ~
-I, \
\\'~~E South~rn B(lundilf)i .,~
'<1'/ . j "'>.,.:~~;~~~~~~---- --------------------~---~~~---~~-------~~:~
~Cl'lanneledge
---.. PropE!rtyline
Fuel Pier
Pier
_EJ{istiogparkirlg
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C/eaf'vvater ;\/tunicipaJ /vlaririCl Expansion Fe;Jsi!Jilhy Report
15.5.2 Ihploi"<i!tiOJry Al'iaiysis Of
Comer: l<i!')/iOJut Two
This analysis was conducted to explore the affects of putting large passenger
capacity boats in the corner in order to maximize visibility. Navigational safety is
accommodated by eliminating mooring along the west wall. The layout is similar
to the existing condition, but the moorings are adjusted to reflect a more organized
and modern facility. Slips to the east, along the wall, are expected to be occupied
by moderate passenger capacity vessels with a high need for logistical support
and storage. The second configuration (Figure 12) satisfies the need for visibility,
but does little to enhance passenger safety. The layout provides 18 slips, but
personal water craft facilities could be added to the west wall.
figure 12 - Exploratory Analysis of Northwest Corner #2
Parameters:
~ Maximize visibility for larger boats
~ Maximize navigation safety
" 18 slips
.........
Exploratory Analysis
of Northwest Corner - 2
//
/'
/ -
~ /
~,_/
I
/
I
i
/
i I
~ I
. I
!
U~Exlstingfe&tures
! i CJ C,tyofClea,weter
i i ---- Site Boundary
! = Channel edge
i ___. ?mpecy '"'
[___ L-]
i:
This Area
Not Included
In Analysis
120'x3S'
_--_-=--l
f~,q Recreallonal- 0 slip.
~Comrn"fcial-1B!ihp1l
EjDcCk
Fuel ;ller
i i
I!
i~ExiSljn9parking
18 slips
1\
\V~~E
',q""'
S. _ J
SO~:~i~~~:~ary 0
~_!~:;~~;~~---- -----------------------
37.5 75 150
Feet
1=-_] Pier
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Clearwater /viunicipa! /vlarina Expansion Feasibility Repurt
6.5.3 txpiorratory Anaiy~is Of Nm'thwest Comei': layout Three
The third configuration (Figure 13) was developed based several criteria. Passenger
safety was maximized by providing high passenger capacity slips more to the
east. The perception that was expressed regarding visibility must be weighed
against the fact that large and tall boats can be easily seen even from a distance of
a hundred to a hundred and fifty feet. Navigational safety was maximized by
providing a turning basin for the larger boats that is not constrained to the west as
it is in layout two. Intermediate sized, small capacity, boats with low logistical
needs are located along the west wall, maximizing their visibility. These boats
are also most likely to attract impulse passengers and are at sea frequently. The
collective result is that the western bank of slips will be empty most of the day,
and there will be few passengers waiting on the sidewalk. The relocation of the
larger commercial vessels also allowed the insertion of a small bank of private
slips. The configuration provides 29 moorings.
Figure 13 - Exploratory Analysis of Northwest Corner #3
Parameters:
. Maximize visibility for intermediate boats
. Maximize passenger safety
. Maximize density adding recreational slips
. Considers navigation safety
.29
Exploratory Analysis
of Northwest Corner - 3
c .c "c~J
This Area
Not Included
In Analysis
.........-. ChilllllWIe<Jgl!
:; ::::::::':, ':::,: l \
~~:Ikpiel i,-7h I ~\.
f:'ier w~~.--1.. E Southern Boundary '"
r-",,,,. '........... of City-Owned
29 slips ";- i ~_;~b=.:.r2.~_~~:.____
37.5 75 150
Feet
c::J E,,;!ting fl!i1lurl!s
LJ C't,rufClearwatl!r
-. -. Site BOl.mdar~'
--- ",roperrylin~
-==ExislingparKlng
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CfeG'I'iv/;::;ier
/\1arinz:
Feasibility F?epori
6.6 Composite Potef!IJftial /Layouts
During the course of data collection and user group discussion, it was learned that
several of the initial assumptions and some of the project goals were in need of
modification. It was determined that environmental and regulatory restrictions were
not driving the potential for reconfiguration as much as the existing and future market
conditions. Variables which remain very uncertain include future market demands
for slips of various lengths and widths. The future demands for private recreational
slips are uncertain, but are expected to rise. The comparative demand between private
recreational and commercial users is also uncertain. It is, however, evident that the
future market is likely to be controlled by a shortage in supply for both commercial
and private recreational slips.
This study is funded by the Florida Fish and Wildlife Conservation Commission
(FFWCC), Florida Boating Improvement Program administered through the Florida
Department of Environmental Protection with the stated objective to determine the
feasibility of increasing moorings for privately owned recreational boaters. For this
reason, and this alone, the following composites were prepared by keeping the number
of commercial slips constant and altering the sizes and locations of private recreational
slips. Locations of commercial users were shifted for demonstration purposes only.
It is important to note that there are no restrictions other than those the City places on
itself with regards to commercial and private recreational slips. A commercial slip is
a commercial slip simply because the City chooses to allow its use by a commercial
vessel. While it is true that certain slips are better suited to commercial users than are
others, the designation is fundamentally arbitrary.
The term composite layout is being used in this study in lieu of the more traditional
"alternative" for several reasons. First, in the layouts, sub elements may appear in
several places or not at all. For example, there are numerous potential locations for
fueling stations. More specifically, Layout Three shows four potential locations. It is
not the intent of this report to suggest that four be constructed, but to show that four
are feasible. Similarly, in Layout One, a ferry slip is shown which does not appear in
Layout Three. The ferry slip is shown to demonstrate that almost any slip can be used
for this purpose, or more than one slip may be used. The location and size of the
designated slip are largely variable. Final selections of slips for fueling or use by a
ferry should wait until design level plans are developed.
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6,6,1 Composite !Layout One
Composite Layout One (Figure 14) identifies 184 total slips, 139 designated as
private recreational slips. It includes a water taxi (ferry) slip and two fueling
options. The commercial fueling station is not shown. The configuration has
been designed to maximize navigational safety, passenger safety, commercial
logistics, and to isolate privately used slips for security reasons. The latter four
criteria apply to all three composites.
The configuration provides a wide range of slip sizes, including some slips for
private boats in excess of 80 feet in length. Smaller more maneuverable boats
are clustered to the east, nearer the eddies of the currents of Mandalay Channel.
figure 14 - Composite Layout 1
J
I
/ C.\r.,~\\".,y IIl\1)
Southern Boundary
of City-Ov.:ned
SUbmerged lands
-------------
C:J BlI'ldingsorQlherFeatures ~ Recreatlonal-139 slips I
~ Cilt ofOeal\'\f..ter _ Commercial -45 slips i
- Channel edge Dc~k N I
___~ Prcpert'{line Fuel ~~ !
__ 8isling p,lI!<;;ng ~ Pier W I"~:5j E l
'84 slips S 'I
("'18 slips) 75 150 300
8,865 linear faet ofslips FilEt:
------,- --------,-- - -
UOOla(\te<J Channel
Composite Layout - 1
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60602 Cm1l1posite iLdllY{Jlut TMW
Composite Layout Two (Figure 15) provides for a total of 177 slips, 128 of which
are designated for private recreational use. While maintaining the criteria of safety,
logistics, and security, the slip mixture contains fewer places for large private
slips and more spaces for mid range boats (45-55').
Figure 15 - Composite Layout 2
Parameters:
~ 177 total slips
. 132 recreational slips (..10)
. 7,895 linear feet of slips
. Maximize passenger safety, logistics
~ Multiple fuel options
. Maximize navigation safety
,~/ ''---_/
fY
, -9'
f:--____ J ./'? U
j"
i ./
I
___L__~__~_
[=:J Sudd1rtgs or DIner Features
C=:J Ci~ of Clearwater
............. Channel edge ~ Deck
Ullm~rI<cd C\l~nel
---. Propertt line
-&ililingpilfking
F""
Pier
117 sUps
f+10sllps)
7.895 linear feet of slip6
75 150
Composite Layout - 2
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6.6.3 Composite layout Three
Composite Layout Three (Figure 16) reflects a concept which maximizes the
number of slips, while sacrificing the larger slips. Private recreational moorings
are limited to 55 feet in length. The configuration does provide 188 total slips,
143 of which would be designated for private recreational use.
Figure 16 - Composite Layout 3
---------
Parameters:
~ 188 tolal slips
~ 143 recreational slips (+22)
~ 8,735 linear feel of slips
~ Maximize navigation safety
Southern Boundary
ofCily-OWned
Sucmerged Lands
C]Blildif"lg$QrOtherFeatures
C City of Clearwater
- Channellldge
--_. Pro~ertf line
-Existingpillking
188 slips
(+22 slips)
8,735 ft of slips
RReereilllional-143$1ipS
_ Commercial- 45 slips
[E Deck N
Fuel w~t:
Pie~ ~'Zl,:=-r .
s
unmaJ1<.ed Channel
75 150 300
F~'
Composite Layout - 3
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700 Revefl1llUle COfJ1Jsidelr31f1"imrBS
Revenues (fees) are calculated by multiplying the length of the boat by a rate. To
provide a quick estimate of potential revenues for marinas with different mixtures of
slip sizes, a total length of rentable slips was generated. At capacity, each configuration
will generate revenue based on this total. Composite Layout One provides for a
cumulative total of 8,865 linear feet of mooring space. Composite Layout Two has
8,415 linear feet of slip space, while Composite Layout Three provides 8,735 linear
feet.
This feasibility study does not include a market study, revenue projections, return on
investment or an affordability determination. The grant funding for this study was
provided for the purpose of determining whether additional recreational slips could
be accommodated within and/or adjacent to the existing marina. Follow-up grant
funding will likely be requested by the City to address these project issues as the next
phase.
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llO Estimated Marina Costs
For future budgeting purposes, an order of magnitude cost estimate of $8,100,000
has been developed for the design, permitting, bidding, and construction of the marina.
The estimate includes a 15% contingency. The costs were developed in concert with
an internationally recognized marina designer/developer that has constructed
numerous concrete floating marina systems throughout Florida and the southeast.
Table 1 on the next page provides a general breakdown of major anticipated costs.
With the exception of upland utility connection costs, the cost estimate includes only
construction proposed outside of the existing seawalls with all work commencing at
the gangway connections to the seawalls. The estimate assumes the adequate structural
integrity of the existi ng seawalls recognizing a structural analysis of the existing seawall
was not included in the scope of this assignment. No upland development costs are
included recognizing the upland tract will be developed under a separate design
program sometime after 2009. The cost estimate is based on an estimated maximum
number of 230 boat slips. Items included in the cost estimate would be the floating
concrete docks manufactured, delivered and installed with piling and pile driving.
Utility systems construction includes electrical service to each slip along with potable
water, sanitary sewer, cable TV, and telephone service. In addition a fire protection
system would be installed and pump-out services provided with a central vacuum
system which would allow vessel pump-out at the slip without having to move to a
single pump-out location. All utility infrastructure improvements would need to be
brought to these entrance locations from the upland tract. Existing utility maps are
provided in Appendix A.
Typical sizes of pipe for water would be a main line of 2" downsizing to 1" on the
individual docks main walkways. The sewer pump-out system would consist of a 2"
line throughout the marina and the fire protection system would consist of a 4" main
line along the North dock, downsizing to 3" for each of the individual docks main
walkways.
Depending on the specific number and location of fuel service slips, a preliminary
budget estimate for fueling improvements of $200,000 is proposed. The City has
upgraded the underground fuel tanks on the upland tract to meet current standards,
thereby reducing the overall fuel system costs that would normally be associated
with a new marina.
The existing marina includes 31,007 square feet of wood decking. Based on
information provided by the nationally recognized marine contractor, marina
demolition costs could range from $35.00 to $50.00 per square foot (i.e. $1,085,000
to $1,550,000) depending upon potential pollutants within the existing materials and
off-site disposal costs. However, in discussions with the City staff and marine contractor,
a more realistic estimate is $500,000 is being used given a grinder could be utilized
at the site limiting the volume and number of hauls.
Further, the estimated costs are based on design criteria which would likely survive
Category 1 or 2 storm event. A Category 1 or 2 was selected given the protection
afforded the marina on three sides and limited historical storm damage. An estimated
25 percent cost increase could be assumed if designed to a Category 3 storm event.
All engineering for structural and utility systems is also included in the total project
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cost estimate which is based on 2005 dollars. If construction occurs in 2009 or
subsequent years, an inflation factor should be utilized.
As previously discussed, a specific redevelopment program for the upland tract has
not been developed to date. In discussions with the City's Economic Development
Director, Planning and Marine staff, the Marine Advisory Board and several commercial
vessel owners, there is a distinct need to coordinate the design program for future
upland redevelopment with the marina redevelopment. For example, much of the
storage, office space, and ticketing currently located on the docks and needed to
support the commercial vessels could be integrated into an upland mixed-use structure.
Likewise, the proposed uses and specific location of a multi-use facility on the upland
tract could affect where select commercial vessel owners would desire to locate
within the marina. City staff is currently discussing optional upland uses for the site.
Should the City desire to partner with a developer of the upland tract, that developer
would likely have specific goals regarding the uses proposed.
Finally, some cost savings would likely be realized if the marina redevelopment and
upland redevelopment occurred simultaneously. However, as previously noted, the
marina redevelopment could occur in advance of any upland redevelopment
Additionally, the City should consider a design-build delivery system for the marina
recognizing the potential cost and time savings that could be realized.
Table 1 - Estimated Marina Costs
Assumes 230 Slip Marina
Floating docks & piling = $26,000/ slip x 230 slips 1
Site demolition
Fueling system 2
Upland utility improvements to support marina
Design-build Performance Specification Package
Hydrographic study
Wind study
Geotechnical engineering
Bathymetric survey / as-built survey
Permitting services
Construction engineering & inspection services
Subtotal
$5,980,000
$500,000
$200,000
$115,000
$25,000
$15,000
$10,000
$20,000
$20,000
$75,000
$50,000
$7,010,000
Contingency (15%)
$1,051,500
TOTAL
$8,061,500
1) Slip cost for floating concrete system generally range from $22,000 to $26,000 per slip. This slip cost
includes design plans, dock manufacturing, delivery and installation with piling and pile driving and all
utilities (i.e. water, sewer, electricity, cable TV, telephone, lighting and limited storage).
2) Excludes underground fuel tanks which have been upgraded by the City.
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9.0 Anticipated Schedule
Assuming a design-build delivery system, a 33-month schedule is anticipated. This
includes the selection of the design-build team, development of the Performance
Specification Package, preparation of construction documents, securing of
environmental and development permits and approvals, demolition of the existing
marina and construction of the new marina. However, it is reasonable that the
schedule could be abbreviated assuming environmental permits and approvals can
be obtained in less than 15 months and demolition and reconstruction are expedited.
Figure 17 - Anticipated Timeline
START 4
22 - 33 Months
. END
4 to 6
Months
10 - 15
Months
8 -12
Months
Pre-
liminary
Design
Permitting &
Construction
Documents
Demolition &
Construction
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1 (loO Summary Conclusions and ,Rreoomme'fffN:fJ31for(J!TlJs
The underlying purpose of this study was to determine the estimated maximum number
of private recreational boat slips that could be accommodated within and/or
immediately outside the existing marina footprint. The study also sought to identify
perceived environmental constraints to expansion, anticipated permitting issues and
opportunities, order of magnitude cost estimate for design, permitting and construction,
and an anticipated timeline for future expansion activities. Numerous salient
conclusions were reached and several recommendations offered for consideration
by the City as outlined below.
Summary Conclusions and Recommendations
1. Built in 1951 and expanded over the past 55 years, the existing marina layout is
inefficient and includes significant underutilized open areas. The reconfiguration
of the marina could result in the addition of approximately 64 private recreational
slips assuming a mixture of slip sizes.
2. The existing marina lies totally on submerged lands owned by the City of
Clearwater. Expansion outside of these City-owned lands can occur. However, a
submerged lands lease from the State will be required and special chapters of the
Florida Administrative Code will apply to any development proposed. Such a
lease is not a constraint to redevelopment of the marina.
3. An ecological assessment of the marina area indicates that virtually no resources
are put at risk by the contemplated expansion. More specifically, high profile
resources in the project area are sparse (seagrass), not at risk (manatee), or stand
to be enhanced (water quality).
4. Because of the nature of the existing facility and the current conditions of the site,
ecological impacts are expected to be subordinate in magnitude to the sociological
impacts. Notwithstanding, the permit agencies have indicated that the facility
will be treated as if it were a newly proposed marina because of the magnitude of
the reconfiguration.
5. The majority of the existing slips are clearly vested under the provisions of Chapter
380.06 Florida Statutes and the addition of approximately 64 slips should not
require the project to subject to a Development of Regional Impact (DRI) review.
6. Environmental and regulatory restrictions will not drive the potential for
reconfiguration as much as the existing and future market conditions. To determine
the appropriate mix of slip sizes, a cursory market study is recommended prior to
final design.
7. The incremental development of the marina has resulted in the location of storage,
offices, freezers, tables, ticketing, and signage along the northerly and westerly
pedestrian walkways generally inconsistent with the ambiance of recently
constructed marinas and the quality of redevelopment occurring on Clearwater
Beach. The proposed concrete floating dock system should significantly enhance
the desired ambiance and aesthetics of the immediate area.
8. The Working Waterfronts Bill of 2005 presents new criteria and procedures for
marinas being proposed by local governments. While the specific criteria of the
clw20bJ.OlI11\docs\govt svcs\rcport
November 14, 2005
Page 39
~ WADETRIM
Clearwater I'vllJi1icipal /v'larina Expansion Feasibility F:eport
new laws have yet to be defined in the Florida Administrative Code, the City will
be required to comply with this Act. However, it is clear that the intent of the
Legislature is to provide some relief to the shortage of wet slips throughout the
State.
9. Because of the history of the site, the maintenance dredging in 2004, and the
conversion from fixed piers to floating concrete piers, the project appears to be
permittable by the Corps of Engineers.
10. The currents in Mandalay Channel are reported to be strong constraining
maneuverability and navigational safety. Modeling of the channel would be
appropriate as part of the design phase before adding new slips to the east side of
the marina.
11. The reconfiguration and expansion of the marina could occur without the
redevelopment of the abutting uplands. However, any program for the upland
redevelopment should consider accommodating non water dependent uses
currently associated with the existing marina.
12. The future market demand as it relates to length and beam of slips is expected to
trend towards both longer and wider vessels. This trend will likely result in fewer
slips in the final marina reconfiguration. The proposed finger piers are an amenity
that, if eliminated could result in more slips, but would degrade the overall
functionality and quality of the structure.
13. In the final reconfigured marina commercial users could be segregated into groups
based on their source of passengers, need for logistical support, passenger load,
and the type of business being conducted.
14. During the final design of the marina, special consideration should be given to
the layout of slips in the northwest corner of the existing marina. The ultimate
reconfiguration of this area should seek to balance navigational safety, passenger
safety, visibility, seawall use, and opportunities for adding recreational slips.
15. Recognizing the expansion study was funded by the FFWCC with the stated
objective to determine the feasibility of increasing moorings for privately owned
recreational boaters, the composite layouts were developed by keeping the number
of commercial slips constant and altering the sizes and locations of private
recreational slips.
16. An order of magnitude cost estimate of $8,100,000 has been developed for the
design, permitting, demolition and construction of a reconfigured marina
containing approximately 230 slips. With the exception of upland utility
connection costs, the cost estimate includes only construction proposed outside
of the existing seawalls.
17. A 33-month schedule has been identified for this project assuming a design-build
delivery process. It is reasonable to assume environmental permits and approvals
may be obtained in less than 15 months and demolition and construction
completed in slightly less than 12 months.
clw2063.011ll\docs\govt svcs\repon
November 14, 2005
Page 40
ItJ WADETRIM
"'~=-~="'~="":"<"""'''='-=C---'=='='==-====~,,"_'''~"''''="''-==-'_"==____ _____--==,,"'_
Clearwater iVlunicipai Ivlarina Expansion Feasibility Repolt
APPENDIX A
Existing Utility Maps
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November 14, 2005
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APPENDIX B
Clearwater Marina
Commercial Tenant Survey Results
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