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11/14/2005 WORK SESSION ONLY ITEMS ~ o Work Session Agenda Clearwater City Councii Work Session Monday, November 14, 2005 1 :00 PM >- ~ fJ 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 o I..L >- >- u 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 1 of 1 (nR-Z ater City Council A9-end!!".,~~~~r~!10~ 11'!.~ r,!!.!:'!.~.~!!! 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 f<~', mR-Z 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. Page 1 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 Page 2 ~', mR-2. 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 ~'r rnR-z. 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 Page 1 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 Page 2 R~', mR-2. 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 1 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 2 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; 3 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 4 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 5 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 11 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. 12 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. 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'-'''::.. - ,'::: :,~: ' ;'::L~_:;;,;::.: ~' Clearwater , u ft1R -.Iv( Clearwater M u n i cipa,l, Mari na Expansion Feasibility Study l> ; 1 ". , I, 'j , , '", .!''' ;" ~ 'Lei oJ' ! , ; : : I'I~, / ,"\ ,.,';, i: f~f!'\~'f.;:i"i.~' 6ity Cb.un~ilr~prkS,,~Qri;.f : I: . . f r ,.-','" 0' " :.,"' November 14,200S:.,'! ':01 . / -'" ~_ : ,.1 c, , I ',f ./.' .-'1 , . .~. . .w;r' t: .[Ijl Un" =':';:=",-~~;;"",~==.s~'~ -'.",.'.:C;::-~::-;:':?'_:2;:I--:'::~'~~':::~~'=.,;:'::;=;'J'",.:l':::::':':':",'=.~.-==-_-':'-=:'.=:.::;=.:.:o:::.~==.::;~:S:,-=':-';C::::-=-'::~I,,-"1~-=~~-=-=,-:_-,-.'::-~-,>7=--=~2:?':::::::"'-C--;;-~...... ,,' 77")~-'''''''''~''=<il 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 dw20bJ .01 m\docs\govt svcs\rcport November 14, 2005 ;.s:~_., J_-''''''''''..~;ITS,,-,s..T~'!I;:O:'-;,-'''-L'~:==~~~,:::''::f'~;:,:'C~-':-',;C;.~:'.,:'g,-_",,--'_~::_=--_.:::':E-':'-'~=::=::,:::-:,=~;:;,----:-;;_:-:-;::.~~'::;:--=,:;z:::.C::'":"c::-=-~-==--==::r::':::::=:::::=--?':::'c,":=-":=:::=""'='C:<:::::::-':::=:'::J=:::C-:=~.=_==--~'C:-,~"-,=:2.L:'i~:l 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 S dvv2063.01 m\docs\govt svcs\rcpor1 November 14, 2005 Page 1 ~ WADETRIM ~, - 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. clvv2()(J3.0-11l1\docs\govt svcs\rcport November 14, 2005 Page 2 ~ WADETRIM ~, ;~ier.-,fh',:il,~! /viaril)() ff" 71 SU-gjidy AS!YlILN!T{J}pUOnJL; 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. ==='"'="'.-=:::-==-~==- cl'vv206J.Ol rn\docs\gov1 svcs\n-'port November 14, 200S Page 3 ~ WADETRIM Cfearl;vater /viarjilZl Expansion F?epor! c",_~.,,=-.~=._~.~-=_-,,=o.,. =,==',='-'-"=~"O~-c=.-co,=.,,---=c C -===_-=="-""'''- -O'-"'C~ '==o--=c-=-"'='-=~;o;;"""""-."=-""===c'7- -C-"':"-'~-,-~-_,=-=-~====-,,-- -. _._,~- c=o-, -==c--=.="-=,,~,,,~."~.., ._.eo ,O-;.~ '-''"""-==':''.''''''-'''''-'--_'OC'=-.-=-".-"=---=C=---=_ 1 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. clw20fd.01 rn\docs\govt svcs\repOr1 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 Im,,~'C Rct;;,,~i11 System rpi,IRSJ Acn'alf'IG>vnYcClr20""7 "~'''''''-'-''=''"''=-.-=====-==-..== -_.---~=--- --~-".,=_"'_c;:,..-__.__.__~~_==c"'__===.-_""',..==~=""===== clvv206J.01 m\dor:s\guvt svcS\rCpOIl i"-Jovell1berl4-, 2005 Page 5 It] WADETRIM -,=- '''''L'.=C'''''''_'_=''=C_,_'''.===~",_=.,_,C=='=__~===.''=",-,,=~~,~,,_"O"-....-=-,---,"-=-_=- ".. -=--o-=~".,'=o---=-'_'~'==<"'=="""'''''-=='''__'_"'-''_''===_'L"",,' ,"""=-===-'-:,".==_ "'."...-=-_-=<O"",.=.==--=------O-=_~_,_-=='"'=-=-=._O"_.~=__=.,,__,_:"'" Ciearwaier iviunicipa! iVliJrina Expansion FeZlsibifity I?epod J.O) fcoffogica H Asses:5wlJ1JrEtf)}!l 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 clw206J.Ollll\docs\govt svcs\rcpOrl November 14, 200S Page 6 <'4 I , I ---_...~,/ , I " ! , \ \ "' \ \ , , " I I. I I \ / (0 V" /1 ______J I I i .\ II ~\ I T 1 I I Ii I J II J I J III I~ ! I " II :1 -, \ \ j ~J.::=~l f .' 0 r ~' ': ~ " : :1 ~ . 0 I, ;l::::l \.LJ.___L.':i--.JLJ 0 .....i-~., ."....,...."...,.---,,-.-y--T-.,.-y-l ~_. r..,......' f...... '.l.~...III.&4. o .; c. 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'#"~" HH--t"L----- o' ~ I \ i,' .:T"'W-'1ft~r'!1,.rTl r-l~_n. . ~I I " 4~'1 \'. ~ ... . ,. ~ '\ I L-:: ~ I '~~'.,' l lH"i:I~,,~~~n'!,1\~', \: ' 'J' I' "~____ ___- --r:+.,I...~~,!.t,!..!.. , ~l, ~ 1 If-tOo. .. ....--1;; ,,:. , ' ? . & ~,...... , /'__~ ,) ,. t J "I l f~' " .... : \ Ii- . J .' I I 11 I , j'l'" V , ,t t,~ ",1 I M I I h:n 'I l' ..<1-<< \ /' \ r. \ 1 I ,';f: ' : ; ," "",-:/,/- I I ot - .j" .'./~ ~ j' 1 I ~ l~ \----1 \~jJ(} I '\ /!;,~,Jr~rh" I I .-;...,.. It; I ! ; l'll- I ,~ \ ,\~r~ ~o;'r,.ltt I \ !t~,' :~,1':~: ':, ,! ':.' l i::~~l / III1 " \ 1 ,\=-tq~ '." I' ,) ~ ;,'ff I I ,! I \ll',ll,'.", I:Jn~~ h "C'" ' I \ ..U'::~ I'! hII' t ',;";''11 ' iii, -", "'_, 1 .t'~ ..,"lll"" 1'1' \1," Iff I~ ", '. I 1\. I' ""I'~~" t J: ., t r:; ". ---:'::::l.",_ rll~ '.i.1 l~, ".)J '1 ." '", "",-:,-""''"'"'F'~~- ~t _~ .... ..0 , ~II '\ .... (If) ,.... --"- ........... ~~ ........... .,./ , , ", "~ r- Q) en <1l 0.. o Z< t5~ Qllll 1&.1< ~~ l&.IDo:Z V~< Z<~ <~ ~Do: ~:i <... ~V Iii ellll~ ~ 'I iE s li~ !I ;1 6i u 8 II II Ii I . . . II I ~ WADETRIM C'fear\;l/afer /\lJurn'cjpa/ /vlarina Expansion Feasibjfjty Report '-'O-'="'=-'--^,"_.='--==__'-"C====--'====~=C='=-"--=-="==----""'=="="O'=7_-O='.___=.=='-'=-=C"""-""=_._=_~="-===.-=-==.=_=._=,.C",,=_--=-"'=-=.==-."",,'=-"_==~co--=._ ~ ,,,,.._==--== 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 =.=C",==~"'~,"'''='''_~"=_"~==_J'''''''''._.',.,.=.=7_=C~=.=",==_~--'-===-_~"'-""""'="'==--===:"_"""",=o.~"=_=--=;~;'''.'''', "".-"=...."c.;"'==";<:."'_.~-"'===-""==...--===-=,=,.=.==".'-=.=_.."'-~ Cfearvvrl!cr il/larina ~ ~ ~ ~ ,... ~ I1l c:: 'i:: ~ - I1l .9- u '.. c:: ::l ~ L. ~ ~ I1l ~ U ..... Q -r!l .~ L. '<l ~ - G 'i:: oS .!!; :x: ~ ~ ::l .~ l.l;; C'\t ~ Q"\ - ~ I.Q Q"\ - clw2063.01 rn\docs\govt svcs\rcport November 14, 2005 Page 10 - "= .e. \"j .~ ~ ... ~ ~ ... "= ~ u ~ ..g .~ ~ It') ~ ::! .~ L.I.; It] WADETRIM CJeatvVaf2j M::nina Expansion Feasibility ==",.'",'~-..,= c~,--,.'-=--"""__~-"-"-,==,=,====_==,,,,_=,,,,,,,,,,===OO-':==----""-~'-" ~'_--'-~""e...==~.'",,~",.--,-- ~ ..... Q cf "= .5 ... "= ~ .. B clvv2063.01 rn\docs\govt svcs\n'pOI1 November 14, 2005 Page 11 ~ WADETRIM C/earvl/aier /Vlunicipa/ Nlarina P.eport '"---'O-7..=-=-_--"'-'~.,_=-'~'=CC.""'="'"_-========_"==.._====__=___="'_.,..'==.=.-,_"'==~"""''''===,-,..,,' ........ ...: t:: ~ '" .s Q cf ~ .t:: ~ ~ - ~ .~ u .~ ~ ... ~ ~ ... ~ o ~ ..0:: .~ LZi LI') ~ ::: .~ I.l.; I HI I I ! I I I i I / I I I , I I , I I I I i ',./' ", I I I {II ,', I:" L~ ./~,' I ~~:, , ~':. ~~f:~ / dw2063.01 n1\docs\govt svcs\rcport November 14, 2005 Page 1 2 """' ...: r:: ~ '" .s c f l'\l .S I..; ~ - l'\l .s. U .~ ~ ... ~ ~ l'\l ~ U bl) ..s .~ Jj lI'\ ~ ;:, .~ L.l.,; L___ It] WADETRIM Cleaf\iiiaie;. IV/a rill a Feasibility ,/' II/(\ clw206J .0"1 JT1\docs\govt svcs\rcport November 14, 2005 Page 1 3 - III .9- \"j .~ ~ .. ~ ~ III -S:! U l)() .,g .~ ~ It'l ~ ::! .~ L.I,; It] WADETRIM CleiJrwaier /vlllnicipiJl /vlarina EXP:I!ISion ...... ...: t: Q ~ '" oS Q f III .t: i:: III ~ clw2063.0' III \docs \govt svcs \report November 14, 2005 Page 14 - f'Il .~ t.i .~ ~ .. ~ ~ f'Il <lI ti ~ .... .... .!a ~ ~ ~ .~ L.L.; ItJ WADETRIM '""' ...: r:: ~ '" Q .... Q if f'Il .5 .. f'Il ~ C'lt:!arvvatef ,t " i ~ '--- , ,,; ~'! . - .~-~' \,; , "\ Y'\'. iV/arilla Expan;;ion 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=''''''~=_='====-~___'_='''~",.'_._=~==--== 11 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 :j i ii ii \i ~Ci\YOfCIl:!l:Ir\Vl:lter ~~;c<_~:~. ':~~~te:;ia; ~~e;;APpr~X~50') \ " \.. ~_._--~._~-~---~~~= / ~ ~_..~" ~. - --===----.... -- 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') \ \ '\ "'" ",,,<.. -, "". CCil,'OfCI",.ifwaler lJf1llHU\ced Cl1af!nel - - - -- Site Boundary ---- PrQP!lrl~ line ~ W~J./., F ' r~~. S ".... "'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 I I I i I I I I ~ I Urlmarked Chaomll 'c-="' __, I -, - ~~~~~"=~=~'~-~ ===o~o~c~--="=o.ooo<ol Exploratory Layout - 1 I I I I I 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. clw206J.Ol rn\docs\govt svcs\rcport f'.lovemberl4, 200S Page 25 ~ WADETRIM Clearwater ivlunicipal Iv/aril1a Expansion Feasibility Report 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. c1w2063.01 rn\docs\govt svcs\report November 14, 2005 Page 26 ~ WADETRIM i: Jearvva rei" /Vlarin.:i Expansion Feasibility RepuI1 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. clw206J.Ol m\cJocs\govt svcs\rcpori November 14, 2005 Page 27 It] WADETRIM Clearwater Municipal ivlarina Expansion Feasibility Report 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 clw2063.01 rn\docs\govt svcs\report November 14, 2005 Page 28 It] WADETRIM 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 c1w:Z06J.0111l\docs\gOVl svcs\rqJori November 14, 2005 Page 29 III WADETRIM 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 clw2063.01 m\docs\govt svcs\rcpurt November 14, 2005 Page 30 ~ WADETRIM 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. clw2063.011ll\cJocs\govt svcs\rcport November 14, 2005 Page 31 ItJ WADETRIM Clearwater ;viunicipal Marina Expansion Feasibility Report 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 clw2063.01m\docs\govt svcs\report November 14, 2005 Page 32 ~ WADETRIM Clearwater ivlui7icipal Marina Expansion Feasibility Report 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 dw2063.0 -I In \docs \govt svcs \report November 14, 2005 Page 33 ~ WADETRIM "rfJ Clearwater Municipal Marina Expansion Feasibility Report 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 clw2063.01 rn\docs\govt svcs\rcport November 14, 2005 Page 34 lt1 WADETRIM Clearwater Municipal Marina Expansion Feasibility Repo/1 700 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. c1vv206J.0'I rn\docs\govt svcs\n--'port November 14, 2005 Page 35 It] WADETRIM Clearwater Municipai iviarina Expansion Feasibility Report 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 dw2063.01 rn\docs\govt svcs\report November 14, 2005 Page 36 ~ WADETRIM Clearwater iviunicipai Iviarina Expansion Feasibility r<eport 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. clw20b3.m rn\docs\govt svcs\rC:'por1 November 14, 2005 Page 37 It] WADETRIM E, 1} Ii' Clearwater Municipal Marina Expansion Feasibility Repo/1 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 c1w2063.01m\docs\govt svcs\rcport November 14, 2005 Page 38 ~ WADETRIM ClearwZiter /\l/ul7icipal Marina Expansion Feasibility RepOlt 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 cJw206J.011ll\docs\govt svcs\repOti November 14, 2005 Page 41 w z-<r~ ~ ~ Iii ~ ~ .'! ~ i ~ [j j5 " ;! << x D c: <lJ 0. 0. << ! '" (/) I '" CO I > ct +::: c <( '" <t iii ~ " '" " \U E '" ~ '" G r--- '" :'J 4: ~ .2: >, c ft " ~ CD .iij "- " Ui co 2- :;; 2- 2- ~ l' ....... C\I ~ Q) ~ 1'l 0 .c Q. .~ C 0 C 0 C '" " '" '" Q: :; (/) "- (/) (/) CO (> " (f) .- "'c : 2768 ~-.- "'~ z ~~ Q t:l-=r ~ ~~ E ~ a :f~ ~ >-- 1'1:I_. ~~,,!~. 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