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08/15/2006 , (. ~L~.r r.'1~ A.~\.' . .>~ ~, "":-:k::' ._ C:i, "~'~JM:<c ,="". '''.. :~ -. . '.". '~~ i"r':\ - '.,' .:'.::... A~ ~ii::~"'."." .; .,~~ '?4TE~~ WORK SESSION AGENDA Council Chambers - City Hall 8/15/2006 - 9:00 AM 1. Presentations 1.1 Service Awards @) Attachments 1.2 State Legislative Session Report - Rep. Frank Farkas I@l Attachments 2. Development and Neighborhood Services 2.1 Approve waiver of the interest and penalties, in the amount of $13,513.24, associated with the demolition and lot clearing liens on the property located at 1003, 1003 Yz LaSalle St. (Legal description: Greenwood Manor, Lots 9, 10); Owner: Mt. Carmel Community Development Corporation of Clearwater, Inc., 1014 Pennsylvania Ave., Clearwater, Florida and that the appropriate officials be authorized to execute same. I@l Attachments 2.2 Request for waiver of the interest and penalties, in the amount of $3,825.12, associated with the demolition and lot clearing liens on the property located at 1026 N. Missouri Avenue (Legal description: Springfield Sub No.2 Block 2,Lot 6); Owner: Pinellas Habitat For Humanity, Inc., 3071 118th Avenue N., St. Petersburg, Florida 33716 and that the appropriate officials be authorized to execute same. I@l Attachments 3. Marine and Aviation 3.1 Adopt Resolution 06-45 authorizing a Third Addendum to the commercial and private dock permits for storage of vessels at all City dock facilities, involving House Bill 7175 to protect marina property during storms and related additional requirements. @) Attachments 4. Parks and Recreation 4.1 Award a contract to Purvis Curbs of Largo, Florida and Increations, Inc. of Clearwater, Florida (Bid 21- 06) for $150,000 each (for a total of $300,000) for materials and labor to install various concrete projects throughout the year and authorize the appropriate officials to execute same. I@l Attachments 4.2 Approve Florida Recreation Development Assistance Program (FRDAP) project grant agreement for East West Trail Renovations Project, in the amount of $200,000, between the State of Florida Department of Environmental Protection and the City of Clearwater and authorize the appropriate officials to execute same. I@l Attachments 5. Solid Waste/General Support Services 5.1 Award a Contract (Blanket Purchase Order)for $ 225,000 to Wingfoot Commercial Tire of Clearwater, FL for the purchase of Tires for City Vehicles and authorize the appropriate officials to execute same. @) Attachments 6. Engineering 6.1 Adopt Resolution 06-41 and approve Subordination Agreements with the Florida Department of Transportation (FDOT) regarding Parcel Numbers 106.03 and 107.03, S. R. 55, Section 15150, subordinating City easement interest therein, and authorize appropriate officials to execute same. @) Attachments 6.2 Approve payment to JMC Design & Development, Inc. (JMC), in the amount of $157.337.50 for the construction of the San Marco Stormwater Improvements. I@l Attachments 6.3 Accept a perpetual Sidewalk and Utilities Easement over, under and across a portion of Lot 8, Block C, PALM PARK, conveyed by Clearwater Neighborhood Housing Services, Inc. (CNHS) in consideration of receipt of $1.00 and the benefits to be derived therefrom. @) Attachments 6.4 Approve the applicant's request to vacate the 5-foot drainage and utility easement located adjacent to the north property lines of Lots 4, 5 and 6, Block "G", Hibiscus Gardens, (a.k.a. 311 South Betty Lane), and approve Ordinance 7659-06 on first reading,(V AC2006-09, Tamara Realty, LLC), @) Attachments 7. Planning 7.1 Approve the Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the County R-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 1728 Lucas Drive (Block 6,Lot 8, Virginia Groves Terrace Third Addition Subdivision); and Pass Ordinance 7646-06, 7647-06 & 7648-06 on first reading. (ANX2006-03009) I@l Attachments 7.2 Approve the Petition for Annexation, Future Land Use Plan Amendments from the County Residential Low (RL) and Preservation (P) Categories to the City Residential Low (RL) and Preservation (P) Categories and Zoning Atlas Amendments from the County R-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR) and Preservation (P) Districts for 1532 Stevenson's Drive (Lot 19, Block A, Stevenson's Heights according to the map or plat therof, as recorded in Plat Book 34, Page 13, Public records of Pinellas County, Florida); and Pass Ordinance 7661-06, 7662-06 & 7663- 06 on first reading. @) Attachments 7.3 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Suburban (RS) and Preservation (P) Categories to the City Residential Suburban (RS) and Preservation (P) Categories and Zoning Atlas Amendment from the County R-R, Residential Rural District to the City Low Density Residential (LDR) and Preservation (P) Districts for 2750 Third Avenue (LOTS 1-14, BLOCK 45; LOTS 4-11, BLOCK 46; LOTS 3-9, BLOCK 49; PORTIONS OF THIRD AVENUE NORTH, FOURTH AVENUE NORTH AND LAKE SHORE DRIVE RIGHT-OF-W A YS, ALL BEING PART OF THE PLAT OF UNIT NO.1- SEe. A CHAUTAUQUA ON THE LAKE, RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA TOGETHER WITH A PORTION OF THE SOUTHEAST 14 OF THE NORTHWEST 14 OF SAID SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST); and Pass Ordinance 7664-06, 7665-06 & 7666-06 on first reading. @) Attachments 8. Legal 8.1 Adopt Ordinance 7672-06 on second reading, submitting to the city electors a proposed amendment to the City Charter amending Section 2.01(d)(6), to permit construction, operation, and maintenance of city- owned boat slips, docks, moorings, promenade and boardwalk, together with restrooms and dockmaster offices and associated surface parking on certain city-owned property on the downtown waterfront. @) Attachments 8.2 Adopt Ordinance 7676-06 on second reading, changing the date of the Clearwater Employees Pension Plan special election to March 13,2007. I@l Attachments 8.3 Adopt Resolution 06-34 regarding final lien releases for Sand Key special assessment payoffs received from April 1, 2004 through July 31, 2006. I@l Attachments 8.4 Adopt Resolution 06-42, determining the necessity to create a pedestrian walkway for public access running from Coronado Drive to South Gulfview Blvd., authorizing and directing condemnation of the necessary property. @) Attachments 9. City Manager Verbal Reports 9.1 I@l Attachments 10. Council Discussion Items 10.1 Provide Direction on Proposed Amendments to the Countywide Rules Addressing Transient Accommodation Uses. I@l Attachments 11. Other Council Action 11.1 @) Attachments 12. Adjourn 13. Presentationes) for Council Meeting 13.1 Recognition of Aruold Allen's Contributions to Clearwater Airpark I@l Attachments 13.2 Proclamation - Make a Difference Fishing Touruament Day - October 7,2006 @) Attachments Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: Meeting Date: 8/15/2006 Review Approval: 1) Clerk Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: State Legislative Session Report - Rep. Frank Farkas SUMMARY: Meeting Date: 8/15/2006 Review Approval: 1) Clerk Meeting Date: 8/15/2006 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve waiver of the interest and penalties, in the amount of $13,513.24, associated with the demolition and lot clearing liens on the property located at 1003, 1003 V2 LaSalle St. (Legal description: Greenwood Manor, Lots 9, 10); Owner: Mt. Carmel Community Development Corporation of Clearwater, Inc., 1014 Pennsylvania Ave., Clearwater, Florida and that the appropriate officials be authorized to execute same. SUMMARY: The current owner of the property located at 1003, 1003 1/2 LaSalle St. is requesting a reduction in the demolition and lot clearing liens on the property, specifically to waive the interest and penalties associated with the liens to a total amount of $13,513.24. The subject property zoned MDR (Medium Density Residential) is currently being developed with a new single-family residence. The developer realizes that the new property owner will be responsible to pay the principal and administrative costs totaling $16,205. The City Council placed the liens on the property directly associated with the City's costs involved with hiring outside contractors for the demolition of a previous unsafe structure, and overgrowth clearing, due to conditions precipitated by previous ownership. Liens are summarized as follows: M-1358, Lot Clearing, Principal: $275.00; Interest/Penalty: $310.24; MHC-137, Demolition, Principal: $15,901.00; Interest/Penalty: $13,203.12; Administrative Fee: $29.00.The new owners purchased the vacant property in January 2003. They have kept the property well maintained since. Legally, the only way these liens can be reduced is through City Council authorization. The City Council policy factors to be considered for waiver/reduction of liens have been reviewed by staff as follows (staff responses are indicated in parentheses): (l)Whether the violation has been brought into compliance regarding the violation cited. (The property is now in complete compliance with codes). (2)Whether extreme or undue hardship is shown regarding payment of the lien and/or regarding coming into compliance with code requirements during the required time. (The current owner is a non-profit organization that obtained the property from the previous owner in bankruptcy). (3) Whether there are existing code violations on other properties owned by the violator or prospecti ve purchaser. (City staffs research indicates that there are no violations by the current property owner). (4)Whether there is a development or redevelopment proposal regarding the property which would result in improvement or upgrade of the property. (Mt. Carmel is building an affordable single-family residence on this property). (5) Whether, given such a development or redevelopment plan, it would be impractical to take the compliance action directed by the City Council. (Mt. Carmel is building an affordable single-family residence on this property). (6)Whether payment would hinder a proposed sale of the property. (The City has a "City's Construction Loan" on the property and the homeowner would be unable to obtain permanent financing with outstanding liens on the property). (7)Whether an appraisal of the property, submitted by the applicant, demonstrates to the City that the cost of the lien has been absorbed. (No private appraisal has been done. According to the Housing Assistant Director for the City, properties in the area are valued in the range between $35,000 to $45,000). (8)The amount of a lien will not be reduced below the amount representing administrative costs incurred by the city regarding the case. (The applicants are intending to pay the principal and administrative costs). Considering the above factors, as well as the efforts made by this applicant to improve the property, staff is recommending the waiver of $13,513.24 for the interest / penalties associated with the liens on the property at 1003, 1003 1/2 LaSalle St., provided $16,205 is paid when the home is sold to a new homebuyer, for the principal and administrative costs of the liens, otherwise, the approval of the reduction in liens costs will be considered null and void. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk Meeting Date: 8/15/2006 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Request for waiver of the interest and penalties, in the amount of $3,825.12, associated with the demolition and lot clearing liens on the property located at 1026 N. Missouri Avenue (Legal description: Springfield Sub No.2 Block 2,Lot 6); Owner: Pinellas Habitat For Humanity, Inc., 3071 118th Avenue N., St. Petersburg, Florida 33716 and that the appropriate officials be authorized to execute same. SUMMARY: The current owner of the property located at 1026 N. Missouri A venue is requesting a reduction of the demolition and lot clearing liens on the property, specifically to waive the interest and penalties associated with the liens to a total amount of $3,825.12. The property is currently vacant and zoned MDR (Medium Density Residential). The owners realize that they will be responsible to pay the principal and administrative costs totaling $4,437.30. The liens that were placed on the property by the City Council are directly associated with the City's costs involved with hiring outside contractors for the demolition of an unsafe structure, and clean up of overgrowth, due to conditions precipitated by previous ownership. Legally, the only way these liens can be reduced is through City Council authorization. Liens are summarized as follows: M- 1588, Demolition, Principal: $4,117.30; Interest/Penalty: $3,561.60; M1683, Lot Clearing, Principal: $320.00; Interest/Penalty: $263.52. Pinellas Habitat for Humanity, Inc. purchased the vacant property in February 2006. They have kept the property well maintained since purchasing it. The City Council policy factors to be considered for waiver/reduction of liens have been reviewed by staff as follows (staff responses are indicated in parentheses): (l)Whether the violation has been brought into compliance regarding the violation cited. (The property is now in complete compliance with codes). (2)Whether extreme or undue hardship is shown regarding payment of the lien and/or regarding coming into compliance with code requirements during the required time. (The non-profit organization obtained the property from the previous owner in bankruptcy). (3)Whether there are existing code violations on other properties owned by the violator or prospective purchaser. (City staff's research indicates that there are no violations by the current property owner). (4)Whether there is a development or redevelopment proposal regarding the property which would result in improvement or upgrade of the property. (Habitat for Humanity is planning on building multiple- family affordable housing units on this and adjacent property). (5)Whether, given such a development or redevelopment plan, it would be impractical to take the compliance action directed by the City Council. (Habitat for Humanity is planning on building multiple-family affordable housing units on this and adjacent property). (6)Whether payment would hinder a proposed sale of the property. (Sale was completed with money placed in escrow to cover debts on property. The remaining amount will be returned to the current property owner and will not go to former property owner/violator). (7) Whether an appraisal of the property, submitted by the applicant, demonstrates to the City that the cost of the lien has been absorbed. (Lien money has been placed in escrow to cover the debts for the property owner. The previous property owner/violator will not receive any monies from this action). (8)The amount of a lien will not be reduced below the amount representing administrative costs incurred by the city regarding the case. (The applicants are intending to pay the principal and administrative costs).Considering the above factors, as well as the efforts made by these applicants to improve the property and the area in general, staff is recommending the waiver of the $3,825.12 for the interest / penalties associated with the liens on the property at 1026 N. Missouri A venue, provided $4,437.30 is paid when the home is sold to a new homebuyer, for the principal and administrative costs of the liens, otherwise, the approval of the reduction in liens costs will be considered null and void. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk Meeting Date: 8/15/2006 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Resolution 06-45 authorizing a Third Addendum to the commercial and private dock permits for storage of vessels at all City dock facilities, involving House Bill 7175 to protect marina property during storms and related additional requirements. SUMMARY: The Florida House of Representatives passed House Bill 7175 giving marina operators the right to "take reasonable actions to further secure any vessel, within the marina, to minimize damage to a vessel and to protect marina property, private property and the environment." The law allows marina operators to charge a reasonable fee for such services, provided language to this effect is added to tenant dock agreements. The City wishes to exercise the option to charge tenants who cannot or do not respond to calls asking them to secure their boats when notified of approaching storms. The City requires commercial tenants to carry $500,000 in liability insurance with the City as additional insured. We wish to require both commercial and private tenants carry $10,000 in property damage with the City as additional insured. This is the maximum amount Boat U.S. insurance company will pay for damage to docks in the event of storm damage. Finally, we wish to require tenants keep their vessel in operating condition. The dock permits state that vessels shall be kept in seaworthy condition. This does not mean the vessel is able to operate if we require the owner to remove it from City docks. A boat being seaworthy means the boat floats, it does not mean the engine runs. Along with their invoices for August, all tenants where sent a letter dated July 21, 2006 informing them that the City Legal Department representative was reviewing the legislation to incorporate its language as an addendum to all dock permits. They were also informed that an insurance requirement would be included to provide coverage for damage done to City property. Review Approval: 1) Legal 2) Clerk 3) City Manager 4) Clerk 5) City Manager 6) Clerk RESOLUTION NO. 06-45 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING A THIRD ADDENDUM TO THE CITY OF CLEARWATER COMMERCIAL AND PRIVATE DOCK PERMITS FOR STORAGE OF VESSELS AT ALL CITY DOCK FACILITIES INCORPORATING HOUSE BILL 7175 PROVISIONS TO PROTECT MARINA PROPERTY DURING STORMS, ADDING AN INSURANCE REQUIREMENT TO COVER DOCK DAMAGE, AND ADDING LANGUAGE REQUIRING TENANTS KEEP VESSELS IN OPERATING ORDER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater wishes to authorize a third addendum to the commercial and private dock permits for storage of vessels at all City of Clearwater boat storage facilities incorporating provisions implemented 1 July 2006 in House Bill 7175 to protect marina property during storms, adding an insurance requirement to cover dock damage and language requiring tenants keep vessels in operating order; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves authorizing an addendum to the commercial and private dock permits incorporating provisions to protect marina property during storms passed in House Bill 7175 that allows for removal of vessels from a marina if deemed appropriate at the time that a tropical storm or hurricane watch is issued, or allow the marina owner to take whatever reasonable actions deemed necessary to properly secure vessels to minimize damage to both the vessels and marina property, as well as charge the vessel owner a fee for the services rendered. Section 2. In addition to the $500,000 liability insurance currently required of commercial tenants, City Council hereby authorizes requiring both commercial and private tenants to carry a minimum $10,000 insurance coverage, with the City as additional insured, for any damage done by tenant's vessels to City docks. A copy of this insurance, with the City as additional insured, is to be provided to the Marine & Aviation Director or his assistant, and kept current yearly. Failure to provide proof of insurance with this provision will result in tenant's dock permit being cancelled and owners being asked to remove their vessel from City dock facilities. Section 3. The "Boat Owner's Responsibility; Maintenance" sections of both the commercial and private dock permits shall state that vessels shall be kept in a seaworthy/operable condition. Resolution No. 06-45 Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of Approved as to form: Carlos F. Colon Assistant City Attorney ,2006. Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Resolution No.06-45 THIRD ADDENDUM TO CITY OF CLEARWATER DOCK PERMITS THIS THIRD ADDENDUM TO THE CLEARWATER MARINA DOCK PERMITS is made and entered into this day of , 2006, on behalf of the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City" for ALL COMMERCIAL AND PRIVATE DOCK PERMIT TENANTS OF THE CITY OF CLEARWATER AT ALL DOCK RENTAL LOCATIONS. WHEREAS, the City wishes to make certain changes to the Commercial and Private dock permits for tenants of City owned slips, the City agrees to add this addendum as of August 17, 2006 pursuant to the terms described herein. NOW THEREFORE, the City agrees to amend the Commercial and Private Dock Permits as follows: 1. In keeping with the state statute as presented in House Bill 7175.3 effective 1 July 2006, the undersigned hereby informs you that in the event you fail to remove your vessel from the marina promptly (timeframe to be determined between the marina owner or operator and the vessel owner) after the issuance of a tropical storm or hurricane watch for Clearwater, Florida, under Florida law, the undersigned or his or her employees or agents are authorized to remove your vessel, if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or his or her employees or agents in order to better secure your vessel and to protect marina property, private property, and the environment. You are further notified that you shall be charged a reasonable fee for any such action. A reasonable fee will be at least twenty-five ($25) for labor, plus the cost of materials and administration. (lines, billing, etc) A marina owner, operator, employee, or agent shall not be held liable for any damage incurred to a vessel from storms or hurricanes and is held harmless as a result of such actions. Nothing in this section may be construed to provide immunity to a marina operator, employee, or agent for any damage caused by intentional acts or negligence when removing or securing a vessel as permitted under this section. 2. In addition to the $500,000 liability insurance currently required of commercial tenants, both commercial and private tenants are required to carry a minimum $10,000 insurance coverage, with the City as additional insured, for any damage done by tenant vessels to City docks. A copy of this insurance, with the City as additional insured, is to be provided to the Marine & Aviation Director or his assistant, and kept current yearly. Failure to provide proof of insurance upon receipt of your dock permit will result in the dock permit being null and void and your forfeiting the use of the dock. If you fail to provide proof of insurance and your vessel is located in City dock facilities, you will remove it immediately. Addendum to Commercial and Private Dock Permit Aug.l7, 2006 3. Section 6 of the Commercial Docking Permit/Section 5 of the Private Docking Permit shall be added to read as follows; BOAT OWNER'S RESPONSIBILITY; MAINTENANCE: Vessels shall be kept in a seaworthy/operatinq condition, and shall create neither fire hazard, eyesore, nor sinking hazard. If a vessel is observed in an unsafe condition, the owner(s) will be directed by the Marine & Aviation Director or his designee to remove the vessel from the Marina. Owner(s) agree to remove the vessel upon notification by the City of an unsafe condition(s) or to be held responsible for all and any damage caused by the vessel to Marina docks, pilings and structures. The owner shall keep the vessel properly moored and dry within at all times... IN WITNESS WHEREOF, the City has set their hands and seals the day and year above written. Countersigned: CITY OF CLEARWATER, FLORIDA Frank V. Hibbard Mayor By: William B. Horne, II City Manager Approved as to form: Attest: Carlos F. Colon Assistant City Attorney Cynthia E. Goudeau City Clerk Addendum to Commercial and Private Dock Permit Aug.l7, 2006 Meeting Date: 8/15/2006 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: A ward a contract to Purvis Curbs of Largo, Florida and Increations, Inc. of Clearwater, Florida (Bid 21-06) for $150,000 each (for a total of $300,000) for materials and labor to install various concrete projects throughout the year and authorize the appropriate officials to execute same. SUMMARY: The existing blanket purchase order with Purvis Curbs has been expended and new contracts with Purvis Curbs and Increations, Inc. is being recommended in order to complete the many concrete projects that come up during the year in Parks and Recreation. A blanket purchase order in the amount of $150,000 is being requested for both Purvis and Increations in that we often times have several concrete jobs occurring simultaneously and we need the availability of more than one contractor. Purvis and Increations were the two lowest bidders. Parks and Recreation has an annual capital improvement project for the replacement of damaged sidewalks and concrete hardscapes in parks. Some of the projects for the next year may include but not be limited to Crest Lake, Coachman Ridge, Countryside Community, Del Oro, Ed Wright, Moccasin Lake and Woodgate. In addition, there are several individual CIP's that might require new concrete work, i.e. E.C. Moore 8 & 9 batting tunnel, Armory, Long Center Playground, Countryside Sports Plex, Crest Lake Parking Lot, etc. A copy of the bid tabulation is in the Official Records and Legislative Services Department for reVIew. Type: Current Year Budget?: Other Yes Budget Adjustment: No Budget Adjustment Comments: This is a blanket P.O. and will be charged to various codes throughout the year. Current Year Cost: Not to Exceed: For Fiscal Year: $30,000 $300,000 2005/06 to 2006/07 Annual Operating Cost: Total Cost: o Appropriation Code 315-93204 Amount Appropriation Comment $300,000 This is a blanket P.O. and will be charged to various codes throughout the year. Bid Required?: Yes Bid Number: 21- 06 Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Public Services 6) Parks and Recreation 7) Assistant City Manager 8) Clerk U...J ~LL .0: Cl)W ~!;;( i=s: <CO: W<c O:w U...J ~U w o 0: c.. ...J <( I-- o I-- Y7 Y7 Y7 II) II) 0 II) II) II) ~~'<I:'""":'""":li:? 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I-- en o W en - <.D 1--0 0:0 WC\I > - oC\l <(~ 0>- -<( (()::;::: <.D o o C\I c.O Q) C ::l -, 0) >. ell ::;::: E o () cci ro :s: ro Q) U >. E Meeting Date: 8/15/2006 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Florida Recreation Development Assistance Program (FRDAP) project grant agreement for East West Trail Renovations Project, in the amount of $200,000, between the State of Florida Department of Environmental Protection and the City of Clearwater and authorize the appropriate officials to execute same. SUMMARY: The City has been awarded a matching FRDAP grant of $200,000 to assist in the renovation of the East West Trail. The renovations begin at the Long Center, continue through Coachman Ridge Park and conclude at Northeast Coachman Park across from the Carpenter Field Training Complex. The existing 6' wide sidewalk system is constructed of concrete and does not meet national standards for bicycle paths. The renovations will include replacing the existing 6' concrete sidewalk with 10' wide asphalt with 6" header curbs and will be constructed in a manner to accommodate bicyclists, joggers, roller bladders and walkers. Other elements of the project will include improved access, benches, water fountains, picnic area and signage. The trail is currently being designed with a projected award date of January 2007. Funding for the entire project will come from this FRDAP grant $200,000, a Recreation Greenways Trails Grant $200,000 and $400,000 available in the Recreation Trails CIP 93272. A copy of the agreement is available for review in the Office of Official Records and Legislative Services. Type: Other Current Year Budget?: Yes Budget Adjustment: Yes Budget Adjustment Comments: Increase recreation trails budget CIP 315-93272 by $200,000 for this grant to be reimbursed at the conclusion of the project. Current Year Cost: Annual Operating Cost: Total Cost: Not to Exceed: For Fiscal Year: to Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk ~ .. DEP Agreement No. F7205 CSFA Number: 37.017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) PROJECT AGREEMENT (SFY 2006-07) - Development This Agreement is made and entered into this day of 2006, by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the CITY OF CLEARWATER, hereinafter called the GRANTEE, a local government, in furtherance of an approved public outdoor recreation project. . In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This PROJECT AGREEMENT shall be performed in accordance with section 375.075, Florida Statutes; and chapter 620-5, Part V, Florida Administrative Code, effective August 15, 2004, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, which is incorporated into this PROJECT AGREEMENT as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall apply to this PROJECT AGREEMENT. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as East West Trail Renovations (Florida Recreation Development Assistance Program, FRDAP Project Number F07205), hereinafter called the PROJECT, and enters into this PROJECT AGREEMENT with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS-A034. DEP Agreement No. F7205, Page 1 of 10 DEP 55-231 (01/06) 3. All forms hereinafter referenced may be found at www.dep. state .fl.usjparksjoirs. Further, the GRANTEE will also receive all applicable forms for administration of project with GRANTEE's copy of fully executed PROJECT AGREEMENT. 4. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows good cause: Renovate multi-purpose trail, and other related support facilities. 5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $200,000.00, which will pay the DEPARTMENT's share of the cost of the PROJECT. DEPARTMENT funding is based upon the following: DEPARTMENT Amount: $200,000.00 50% GRANTEE Match: $200,000.00 50% Type of Match: Cash/In-Kind Services and/or Land Value 6. The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty (60) days after receipt of the final request, the DEPARTMENT's Grant Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS-A036, referenced in s. 620- 5.058(6)(g), the DEPARTMENT will approve the request for payment. 7. In addition to the invoicing requirements contained in the paragraph above, the Department will periodically request proof of a transaction (such as invoice, payroll register) to evaluate the appropriateness of costs to the PROJECT AGREEMENT pursuant to State guidelines (including cost allocation guidelines), as appropriate. 'When requested, this information must be provided within 30 calendar days of the date of such request. The GRANTEE may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State. Expenditures at htto:/ /www.dbf.state.f1.us/aadir/reference guide. 8. The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE, incorporated into this PROJECT AGREEMENT by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE's procurement DEP Agreement No. F7205, Page 2 of 10 DEP 55-231 (01/06) procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines for accounting for FRDAP funds disbursed for the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. 9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the GRANTEE's eligible wages and salaries, unless approved in advance as described herein. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 10. It is understood by the GRANTEE that the amount of this PROJECT AGREEMENT may be reduced should the Governor's Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this PROJECT AGREEMENT may be reduced by the amount deemed appropriate by the DEPARTMENT. 11. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The GRANTEE understands that this Agreement is not a commitment of future appropriations. 12. All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by the State of Florida Chief Financial Officer in accordance with section 17.03(2), Florida Statutes. 13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 620-5.054(34) of the RULE) incurred by GRANTEE prior to execution of this PROJECT AGREEMENT in accordance with s. 620-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this PROJECT AGREEMENT with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 14. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of the RULE, to the DEPARTMENT. Upon determining that the documentation complies with the RULE, the DEPARTMENT will give written notice to GRANTEE to commence the development and approve the request for payment. DEP Agreement No. F7205, Page 3 of 10 DEP 55-231 (01/06) 15. The GRANTEE shall obtain all required local, state and federal permits and approvals prior to completion of the project construction and shall certify that it has done so to the DEPARTMENT by completing the Project Completion Certification, FPS-A037, referenced in s. 62D-5.058(7)(d) of the RULE. 16. This PROJECT AGREEMENT shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or before ~.I'/ ~~' 200'1- (hereinafter referred to as the PROJECT completi date), t which time all payment requests and completion documentation will be due to the DEPARTMENT. The GRANTEE understands that the funds supporting this Agreement are subject to certification forward approval by the Governor's Office on June 30th each year. The GRANTEE understands and agrees that if the Governor's Office does not approve the DEPARTMENT's request to certify the funds forward, the GRANTEE will not be eligible for reimbursement after the Governor's Office denies the certification forward. 17. Project completion means the project is open and available for use by the public. Project must be designated complete prior to release of final reimbursement. See Rule 62D-5.054(41). 18. The GRANTEE shall retain all records supporting PROJECT costs for five (5) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, clairri or audit that started prior to the expiration of the five-year retention period. The DEPARTMENT,. State Auditor General, State Chief Financial Officer and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE's records for said PROJECT during the PROJECT and within the retention period. 19. In addition to the provisions contained in the paragraph above, the GRANTEE shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit-1, must be provided to the GRANTEE with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the PROJECT AGREEMENT for purposes of assisting the GRANTEE in complying with the requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of Attachment 1, Exhibit-1, the GRANTEE shall notify the Department's FRDAP Grants Administrator at (850) 245-2501 to request a copy of the updated information. 20. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE's noncompliance with this PROJECT AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as DEP Agreement No. F7205, Page 4 of 10 DEP 55-231 (01/06) being due to the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of the final reimbursement due the DEPARTMENT. 21. The GRANTEE, as an independent contractor and not an agent, representative, or employee of the DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance. The DEPARTMENT shall. have no liability except as specifically provided in this PROJECT AGREEMENT. 22. To the extent required by law, the GRANTEE will be self-insured against, or will secure and maintain during the life of this PROJECT AGREEMENT, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the GRANTEE shall require the subcontractor to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise protected. 23. The purchase of non-expendable equipment is not authorized under the terms of this Agreement. 24. For. the purpose of this PROJECT AGREEMENT, the DEPARTMENTs Grant Manager shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The . GRANTEE's Grant Manager, identified in paragraph 25, or successor, shall act on behalf of the GRANTEE relative to the provisions of this PROJECT AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed PROJECT status reports every January 5th, May 5th, and September 5th of each year summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. 25. Any and all notices required by this PROJECT AGREEMENT shall be deemed sufficient if delivered or sent by United States Postal Service to the parties at the following addresses: DEP Agreement No. F7205, Page 5 of 10 DEP 55-231 (01/06) GRANTEE's Grant Manager DEPARTMENT's Grant Manager Mr. Art Kader Assistant Director 100 South Myrtle Avenue Clearwater, FL 33756 A. Diane Langston Florida Department of Environmental Protection 3900 Commonwealth Blvd., MS585 Tallahassee, Florida 32399-3000 26. Prior to final reimbursement, the GRANTEE must erect a permanent information '. sign on the PROJECT site which credits PROJECT funding or a portion thereof, to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 27. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 28. This PROJECT AGREEMENT may be unilaterally canceled by the DEPARTMENT for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material made or received by the GRANTEE in conjunction with this PROJECT AGREEMENT unless the records are exempt under Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 29. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for noncompliance with the material terms of this PROJECT AGREEMENT. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall begin the date that the .GRANTEE was informed that a refund was required and continues to accrue until the date the refund and interest are paid to the DEPARTMENT. 30. The GRANTEE shall comply with all federal, state and local regulations, rules and ordinances in developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to include the requirements of this paragraph in all subcontracts made to perform this PROJECT AGREEMENT. 31. The GRANTEE may subcontract work under this Agreement without the prior written consent of the DEPARTMENT'S Grant Manager. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract. It is understood and agreed by the GRANTEE that the DEPARTMENT shall not be liable to any subcontractor for any expenses or DEP Agreement No. F7205, Page 6 of 10 DEP 55-231 (01/06) liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 32. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in section 62D-5.059(1) of the RULE. Land under control other than by ownership of the GRANTEE, such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. All dedications must be recorded in the county property records by the owner, or by the GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT shall be open at reasonable times and shall be managed ina safe and attractive manner appropriate for public use. 33. Failure to comply with the provisions of the RULE or the terms and conditions of this PROJECT AGREEMENT will result in cancellation of the PROJECT AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in writing of the particular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in cancellation of the PROJECT AGREEMENT and shall result in the imposition of the terms in Paragraph 29. 34. In the event of conflict in the provisions of the RULE, the PROJECT AGREEMENT and the Project Application, the provisions of the RULE shall control over this PROJECT AGREEMENT and this PROJECT AGREEMENT shall control over the Project Application documents. 35. If the DEPARTMENT determines that site control is not sufficient under the RULE, or has been compromised, the DEPARTMENT shall give the GRANTEE a notice in writing and a reasonable time to comply. If the deficiency is not corrected within the time specified in the notice, the DEPARTMENT shall terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph 29, if appropriate. 36. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from spending FRDAP grant funds for the purpose of lobbying the legislature, the judicial branch, or a state agency. 37. A. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this PROJECT AGREEMENT. DEP Agreement No. F7205, Page 7 of 10 DEP 55-231 (01/06) B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list which may be found at htlp:/Idms.mvflorida.com/dms/purchasino/convicted suspended discrimin.. atorv complaints vendor lists. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. 38. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, Florida Statutes. 39. The employment of unauthorized aliens by any GRANTEE is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts issued as a result of this Agreement. 40. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 41. The PROJECT AGREEMENT has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this PROJECT AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this PROJECT AGREEMENT shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this PROJECT AGREEMENT. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. DEP Agreement No. F7205, Page 8 of 10 DEP 55-231 (01/06) '. 42. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this PROJECT AGREEMENT shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 43. This PROJECT AGREEMENT is not intended nor shall it be construed as granting any rights, privileges or interest to any third party without mutual written agreement of the parties hereto. 44. This PROJECTAGREEMENT is an exclusive contract and may not be assigned in whole or in part without the prior written approval of the DEPARTMENT. 45. This PROJECT AGREEMENT represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this PROJECT AGREEMENT shall only be valid when they have been reduced to writing, in the form of an Amendment duly executed by each of the parties hereto, and attached to the original of this PROJECT AGREEMENT. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F7205, Page 9 of 10 DEP 55-231 (01/06) IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year last written above. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CITY OF CLEARWATER DO NOT SIGN By: Division Director (or Designee) Division of Recreation and Parks By: Printed Name: Title: DO NOT DATE Date Date Address: Office of Information and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 Address: 100 South Myrtle Avenue Clearwater, FL 33756 dCZ)~o- ~ DEP Grant Managef% Grantee Attorney Approved as to Form and Legality: This form has been pre-approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on January 25, 2006 for use for one year. List of attachments/exhibits included as part of this Agreement: Specify Type Letter/ Number Description (include number of pages) Attachment 1 Special Audit Requirements (5 Paqes) DEP Agreement No. F7205, Page 10 of 10 DEP 55-231 (01/06) ". ATTACHMENT 1 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-B3 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defmed by OMB Circular A-133, as revised, and/or other procedures. By enteriDg into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fISCal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-B3, as revised. EXHmIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-B3, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-B3, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-B3, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-B3, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access infonnation regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/cfda/cfda.html. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.F7205, Attachment 1, Page 1 of 5 DEP 55-215 (09/04) . , PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient ($500,000 for fiscal years ending on or after September 30, 2004), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State fmancial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 2l5.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year ($500,000 for fiscal years ending on or after September 30, 2004), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State fmancial assistance in its fiscal year ($500,000 for fiscal years ending on or after September 30, 2004) and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For infonnation regarding the Florida Catalog of State Financial Assistance (CSFA),a recipient should access the Florida Single Audit Act website located at http://state.fl.usIfsaa/catalog or the Governor's Office of Policy and Budget website located at http://www.mvflorida.comlmvflorida/20vernmentlcontacts/oDbOffice.html for assistance. In addition to the above websites, the following websites may be accessed for infonnation: Legislature's Website http://www.1eg.state.fl.usI. Governor's Website htto://www.myflorida.coml. Department of Financial Services' Website http://www.dbf.state.fl.usIand the Auditor General's Website http://www.state.fl.usIaudgen. PART ill: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-B3, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-B3, as revised, by or on behalf of the recipient directly to each of the following: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F7205, Attachment 1, Page 2 of 5 DEP 55-215 (09/04) . , A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(I) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East lOth Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-B3, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-B3, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building III West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. F7205, Attachment 1, Page 3 of 5 DEP 55-215 (09/04) , , 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local govenunental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting fmancial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local govenunental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. 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Z"'" ...~ 1=l0'\ Q,l0 S""""'- Q,lV'l Q,l ...... &.oN CAl I <~ =--p., ~~ QO Meeting Date: 8/15/2006 Work Session Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: A ward a Contract (Blanket Purchase Order)for $ 225,000 to Wingfoot Commercial Tire of Clearwater, FL for the purchase of Tires for City Vehicles and authorize the appropriate officials to execute same. SUMMARY: This blanket purchase order covers various types and sizes of tires that fit automotive, truck and heavy equipment. Type: Current Year Budget?: Purchase Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: 09/01/06 to 08/31/07 $225,000 Annual Operating Cost: Total Cost: Appropriation Code 566-06611- 550700-519-000 Amount Appropriation Comment $225,000 BPO Bid Required?: Other Bid 1 Contract: No Florida State Contract #863-000- 03-6 Bid Number: Bid Exceptions: None Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Solid Waste/General Support Services 4) Financial Services 5) Solid Waste/General Support Services 6) Financial Services 7) Solid Waste/General Support Services 8) Financial Services 9) Solid Waste/General Support Services 10) Financial Services 11) Office of Management and Budget 12) Legal 13) Clerk 14) City Manager 15) Clerk 16) City Manager 17) Clerk Meeting Date: 8/15/2006 Work Session Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Adopt Resolution 06-41 and approve Subordination Agreements with the Florida Department of Transportation (FDOT) regarding Parcel Numbers 106.03 and 107.03, S. R. 55, Section 15150, subordinating City easement interest therein, and authorize appropriate officials to execute same. SUMMARY: FDOT continues its multi-year U. S. 19 (S.R. 55) work program to create a 30-mile six-lane continuous controlled access road with overpasses at major interchanges and parallel frontage roads between Gandy Boulevard and the Pasco County line. The agency is presently acquiring additional right-of-way for the project along a 1.06 mile project segment extending from south of Seville Boulevard to just north of S. R. 60. The City holds drainage and utility easement interests along the easterly boundaries of Lots 1 and 2, SEVER PARK, on the west side of U. S. 19 south of Druid Road that it reserved in Ordinance No. 4816-89 recorded in O. R. Book 7037, Page 1945, Pinellas County public records. The City presently has water utility infrastructure within the easement. As detailed in the subordination agreements, FDOT will participate in the cost of relocating, protecting, adjusting or removing the facilities if necessary to prevent conflict with its project plans. The City will be obligated to operate and maintain its facilities in accordance with the FDOT Utility Accommodation Manual following subordination of the City interests to FDOT. Copies of the subordination instruments are available for review in the Office of Official Records and Legislative Services. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk f w~ day and OIl .. -y PlNELr8 hg ~ FLOR~ .. lmJIn'y PI~S "ge:2h~ WITNIII!il .IBIL Print/t~ _ .w-ved - iJ,.rIA E III II . written A Meeting Date: 8/15/2006 Work Session Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Approve payment to JMC Design & Development, Inc. (JMC), in the amount of $157.337.50 for the construction of the San Marco Storm water Improvements. SUMMARY: On January 20, 2005 the City Council passed Resolution 05-04 and approved a development agreement (item 9.3) between CBR Development I, LLC and CBR Development II, LLC (Sandpearl) and the City of Clearwater. Copies of selected pages from the development agreement are attached to this item. As part of the agreement the developer was authorized to design and construct storm drainage improvements for the City in the San Marco Street right-of-way in accordance with the approved site plan (Section 5.04 of the Development Agreement). Additionally, the City agreed to reimburse the Developer for all reasonable design and construction costs for the San Marco Drainage Improvements. CBR Development I, LLC and CBR Development II, LLC, contracted with JMC to design and construct the storm drainage improvements for the City. The design and construction of said improvements are now complete and JMC is seeking payment. As- builts are to be received after completion of the Sandpearl project. Sufficient budget and revenue are available in Capital Improvement Program project 0315-96124, Storm Pipe System Improvements. Copies of the invoice and attachments are available in the Office of Official Records and Legislative Services for review. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-96124- 563700-539-000- 0000 157,337.50 157,337.50 2005 to 2006 Annual Operating Cost: Total Cost: Amount Appropriation Comment 157,337.50 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk DEVELOPMENT AGREEMENT FOR PROPERTY IN TH E CITY OF CLEARWATER between THE CITY OF CLEARWATER, FLORIDA and CBR DEVELOPMENT I, LLC AND CBR DEVELOPMENT II, LLC Dated as of , 2005 TABLE OF CONTENTS ARTICLE 1. DEFINITIONS ..... .......................................... ......... .......................................... ....2 Section 1.01 Definitions................................................. ............................................... 2 Section 1.02 Use of Words and Phrases....................................................................... 4 Section 1.03 Florida Statutes............... ........... ................................ ...............................4 ARTICLE 2. PURPOSEAND DESCRIPTION OF PROJECT....................................................4 Section 2.01 Finding of Public Purpose and Benefit ......................................................4 Section 2.02 Purpose of Agreement.............................................................................. 4 Section 2.03 Scope of the Project.............. ....................................................... .............4 Section 2.04 Cooperation of the Parties........................................................................ 6 ARTICLE 3. REGULATORY PROCESS .............................................. ................... ........ .........6 Section 3.01 Land Development Regulations........................... ..................................... 6 Section 3.02 Development Approvals and Pennits....................... ..... ............................7 Section 3.03 Concurrency.................. ............ ................................................................8 ARTICLE 4. PLANS AND SPECIFICATIONS ................................................... ...... ......,.......... 8 Section 4.01 Plans and Specifications........................... ................................................8 ARTICLE 5. PROJECT DEVELOPMENT......... ...... ...................................... ............................9 Section 5.01 Ownership of Project Site ......................................................................... 9 Section 5.02 Project Site.............................. .............................................................. no 9 Section 5.03 Obligations of the City......... ..................... ................................................. 9 Section 5.04 Obligations of the Developer ..................................................................11 ARTICLE 6. PROJECT FINANCiNG.................................................. ...................... ............ ..12 Section 6.01 Notice of Project Financing to City.......................................................... .12 Section 6.02 Copy of Default Notice to City...................... ........................................... 12 Section 6.03 Intentionally Omitted ....... .............................. ..........................................12 Section 6.04 Assignment of Rights Under Agreement to Project Lender .....................13 Section 6.05 Notice to Project Lender ......................................................................... 13 Section 6.06 Consent of Project Lender............................................................. ......... 13 Section 6.07 Estoppel Certificates......... ............. ................ ....................... n................ 13 Section 6.08 Cooperation. ........................ ................................................................... .13 Section 6.09 Reinstatement by Project Lender.......................................................... ..13 Section 6.10 New Agreement .......................... .......................................................... ..13 Section 6.11 Transfer of New Agreement.................................................................... 14 Section 6.12 Survival......................... ........... ........... ............. ....................................... 14 Development Agreement Page ii http://netfyi/NetFYIIClients/cd7f0569-1 ae&4Od2.b409-d383c76154ffIDocEB4A.dOG 5.04. Obligations of the Developer. 1. Resort Hotel Proiect. The Developer shall build and operate a no less than two hundred forty (240) room resort hotel to be operated as a quality resort in accordance with the Minimum Quality Standard as provided for in Exhibit B-1. 2. Responsibility for On-Site Costs. The Developer shall be responsible for all on-site costs relative to the development of the Project, including the private parking spaces. 3. Mandalay. Baymont. Ambler and San Marco Improvements. The Developer shall be responsible for all design and construction costs for all Mandalay and Baymont Improvements as provided on Exhibits Hand! and for all design and construction costs for all Ambler and San Marco Improvements as provided on Exhibits J and K- 4. Storm Drainaae Improvement. The Developer shall design and construct storm drainage improvements for the City in the San Marco Street right-of-way in accordance with the approved site plan ("San Marco Drainage Improvements"). The Developer further agrees to design and construct storm drainage improvements north of Baymont Street within the Mandalay Avenue right-of-way and the connection to Clearwater Bay as shown on the approved site plan ("Mandalay Drainage Improvements"). City shall reimburse Developer for all reasonable design and construction costs for the San Marco Drainage Improvements. Developer shall pay all design and construction costs for the Mandalay Drainage Improvements. 5. Covenant of Unified Use. The Developer hereby agrees to execute the covenant of unified use and development for the Controlled Property providing that the Controlled Property shall be developed as a single project and operated and used as a unified mixed use project, which is attached as Exhibit M; provided however, that nothing shall preclude the Developer from selling all or a portion of the Controlled Property in a condominium form of ownership. 6. Proiect Obliaations. The Developer agrees to carry out the redevelopment of the Project Site by completing the purchase of all of the Controlled Property, preparing project plans and specifications, obtaining approvals by governmental authorities necessary for development of the Project, demolishing existing improvements, constructing various private improvements on the Project Site and operating the Project as a unified and integrated project. The Developer shall take all actions necessary to maintain control of the Project Site, until certificate( s) of occupancy are issued by the City. ARTICLE 6. PROJECT FINANCING. 6.01. Notice of Project Financing to City. As soon as the Developer shall have obtained any financing for any portion of the Project, the Developer shall provide the City with a sworn statement identifying the Project Lender(s) and documenting the type of financing that the Project Lender(s) has issued in favor of the Developer for the Project. 6.02. Copy of Default Notice to City. The Developer covenants and agrees that any Project Financing documents shall include provisions which provide that in the event any Project Financing shall become due and payable by maturity or acceleration, the Project Lender Development Agreement Page 12 ADOPTED http://netfyi/NetFYVClientslcd7f0569-1 ae6-40d2-b409-d383c76154fflDocEB4A.doc EXHIBIT K San Marco Improvements The San Marco improvements include the following work to be done in the City right-of-way along San Marco Street west of Mandalay Avenue. By THE CITY OF CLEARWATER . Reimburse Developer for the cost of design, permitting and storm sewer construction. By THE DEVELOPER . Install new sanitary sewer line from westernmost sanitary manhole in San Marco Street and connect to manhole in Mandalay Avenue. New sanitary sewer line will require removal of asphalt and pavers on the north half of San Marco. . Design, permit and construct storm sewer outfall for Residential! Retail phase, including drainage from San Marco. Outfall to connect to storm sewer on Mandalay Avenue. . San Marco access to adjacent non-developer controlled properties will be maintained. . Provide dumpster collection area and relocate sidewalk and landscaping in dumpster area as per approved site plan. Development Agreement Page 91 ADOPTED http://netfyiJNetFY1/ClientsJcd7f0569~ 1 ae6-4Od2-b40g.(j383c76154ff/DocEB4A.doc FLORIDA DESIGN CONSULTANTS, INC. Civil Engineering . Surveying . Transportation Planning & Engineering . Land Planning . Environmental . Landscape Architecture LC-26000206 March 9, 2006 Mr. Michael D. Quillen, P.E. City of Clearwater City Municipal Services Building Planning and Development. Services 100 S. Myrtle Avenue, 2nd Floor Clearwater, FL 33756 RE: San Marco Outfall- Shared Costs Dear Mr. Quillen: On behalf of our client, JMC Development Co. (developer of the Sandpearl Resort), we are requesting reimbursement for the City's share of the San Marco stormwater outfall costs. We have enclosed a detailed statement of costs (with the appropriate backup documentation i.e. invoices, contracts, etc.). The costs are based on the previously agreed split, as follows: 1. Construction Costs - The City's share is 100% of the stormwater system costs and 50% of the street restoration costs. 2. Engineering, surveying costs - The City's share is 50% of those professional fees directly associated with the San Marco improvements. Based on the aforementioned the requested reimbursement IS $157,337.50 (Construction Costs = $149,527.50 and Professional Fees = $7,810.00). Should you need any additional information to assist you in processing this request, please call me at your earliest convenience. Octavio Cabrera, P .E. Senior Project Manager Enclosures c: John Hobach, JMC Development, w/encl. Mike Petagna, JMC Development, w/encl. Edward Mazur, Jr., P .E., FDC, w/o encl. File 997-250-40.01 :jmr: K:\San Marco\Letter\quillen.doc m ~ &m-'TM--~'.,.. i r . ~'J I_~ nil 1 " .r n I i I,': I' III;, " L'I,IL_.~R , 0200sIJ C:' :' 3030 Starkey Boulevard · New Port Richey, FL 34655 (727) 849-7588 · Fax: (727) 848-3648. 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N NU100000tn 000000000 U. tnooooooo 0 0 0 0 0 000000000 00000 000000 0 00000000 '" ~ Fax Transmittal ~.p cc: Pbone: Fax: E-mail: Message: J C ConmlUnities Phone: 727-823-0022 Fax: 727-821-2007 E-mail: }Me COMMUNITmS 1 Jd Da~3jg;4 .~ Pages: 3 2201 Fourth Street North, Suite 200, St. Petersburg, FL 33704 www.jrnccommunities.com RECORD OIl' MEETING Af4R .." <J 0 "Ii <~Q! PROJECT: Sandpearl (San Marco Construction! Beach Drive Vacation) ReSOIt .HLE#: 997-250-40.01 DATE: March 25,2005 TIME: 10:30 a.m. LOCATION: City of Clearwater ATTENDEES: NAME Michael D. Quillen, P.E. Scott Rice, P .E. Al Carrier, P.E. COMPANY City of Clearwater City of Clearwater City of Clearwater NAME Don Melone ..... Octavio Cabrera, P.E. COMPANY City of Clcwwatcr CBR Development, LLC FDC AUTHOR: Octavia Cabrera, P.E. ctt... PURPOSE OF MEETING; To discussSall Marco construction coordination. SUMMARY OF MEETING: · FDC will look into possibility of raising inverts on the proposed 30" Rep, or using D.I.P. with less cover. · Work on City's outfall to San Marco stormwater system being done by City's Consultant (Advance EnbJtneering). Estimated design time - 6 months. Estimated construction time - 9 months. City's Project MliIlagcr - Jason Kinney. · OK for Developer to negotiate prices with MTM COllStructors. (Not necessary to bid). FDe to prepare quantities estimate and provide to MTM for their quote. · City will reimburse Developer for stonnwater costs and a fair share ofroadway restoration costs. · City will contact Progress Energy (Jeanne Talhouk) to advise them it is OK to stop service to lift station. This will need to occur at start of construction on San Marco. · City will remove pumps and/or any other equipment they deem salvageable. Developer will request MTM to fill in wet-well and abandon in place. · City agreed Developer may remove excess pavers at the west end of cul-de-sac. · Developer wants to constmct pavers walkway to beach. Including collstmction of a shower ad bench at beach end. City was OK with this. ",' · Developer to provide "interim" detention area in the vicinity of the future drainage vault. In the "interim", City will rely on existing stonnwater system cross-connections leading to two (2) existing out-falls to Harbour Side, c: Edward Marur, Jr., P.E., FDC File: 0997-0250-40.01 ;pcm K:\SandpearI Resort (akll Clw Beach Resort)\Fonns\ROM On 03.25-05.doc 2 TOTRL P.03 *- jr\?IJNI. c'CIINTnAC"'-~"" ....c. P.O. BOX 40893 ST. PETEASDUAG. FLORIDA 33743 TELIEPHONE (727) S28-o178 FAX (27) 521U1547 CONTRACT AND rnOPOSAL PROPOSAL SUBMITTED TO: PHONIO: I DAT(j3/10/05 Nt\ME: JMC Development JOB NAME: San Mmco STREET: STREET: CITY: Mike Petagna -~TE: CITY: STATE: ~ ~ We hereby submit specificatIons and estimates for: Scope Of Work: Remove Existing Ba~e and Asphalt Concrete Curbing Remove Brick Pavers By Hand. and Reinstall 2500 SF @ 15.00 PSF Remove Storm Pipe and Structures Constrllct New Curb, Base and Asphalt $ 7,500.00 37~500.00 8,400.00 24tiOO.OO $ 77,900.00 .......... .-.......... ~--::-= ~:::;J.: =--. We hereby P",POM 10 lumlsh laDor lllld meterluls - cumplSI!! In aaoordllllce with the above ltpecl(lcatlorls, lor (he slim or: dollars (J_ ) wllh patfY)efll 10 be mElde ee follows: All mlllrl.' la gUlrallteed to be all epllclfled. All work to M C1omp/eled In a workmanlike manner lICcordllll1lo alandard practices. Any allsrallon or dsvlsllon frorn above spaclllcsllons InvolvIng exlrs COOls, Will be el(scllI.d only upon wrlllen or<lerlil. and. will become M 8)(tra ChArge oVllr llnd llbOYII thll BlltimBle. All agrellmsnle contlngonl Upon "lrlklS, acoidents or aelaya beyond our conlrol. Thill proposlll !IubJecl 10 acceplance withIn IhlHtll1l9r al Ihe opllon of Ihll under.Ignecl. . daY9 anll is void - Aulhorlzed SllInlllUre -=-- .< The abo'iu prlc.., IIp.clfleatlon, find condlllon. are h..bV acc.pt.d. You IIr. lIulhorlzed 10 do Ihe work a. .peclflfld. Paymont will be made .. outlined abov.. ACCEPTANCE OF PROPOSAL ....- ....1 ACCEPTED: Slgn8lur. Oat. SI'lllltur. ,ftIlfII <r:C-""TnAOT'Clt1lW1I!II _NO. P.O. OOX 40093 ST. PETERSBURG, FLORIDA 33743. TELEPHONE (727) 52(1-.0176 FAX {n7) 528-0547 PROPOSAL SUBMITIED TO: CONTRACT AND PROPOSAL PHONE: NAME; JOB NAME: I DA T63/1 0105 JMC Development San Marco STREET: CITY; Mike Petagna ST'lEET: CITY; I STATE; STATE: We hereby submit specifications and estimates for: Scope OfWod,c Sanitary Sewer tt= ' 8" pve 258 LF @ 31.50 1 Manhole Core into Drop 1 Inside Drop Dewatering $ 8,127.00 4,500.00 1,250.00 3,150.00 2..200.00 $ 26,527.00 -- ,- Ck -- We hereby propoAII 10 futnllh labor Inti malerlala - complele In accordlnCe Wlll1 lIIe lI~ove spoulllcollona. lor 1I1fl sum 0(; Clollllrs ($ ._ _, wllh payrnefll 10 De mllde .as 'ollows: All malerla' 10 gurusnloed to be .. IIl.Oln.o. All work 10 be complelsd In a workmanlike mllnner I\Ccordlnl/ 10 standard pracllcso. Any ollerstlofl or deviation . Irom above IIpeCIIICIllfon8 InvolvIng exlra cosls, will be oXlIOut(ld only upon wllllen orClllre, and will become IiIn elllr. charl/1iI over Bnll above th" "slIma'lI, All agreemenlll cOntinI/till upon IiJlrlk(l8, .ccld.nI8 Dr dolaya be)'Clnd our conlrol. Tnls propos.1 Iilublecl to acceptance within ____ days and Is volO tll.r..fler allll. opllon of th(l Und91l11llned. Aulhorlzed Signature 11 ~CCEPT "NeE OF PROPOSAL The above price., IpeclllctUonl .nd condltl(ltll ere hereby accepled. You .r. lulhlHlad lu du Iho wor~ ee epecU/.ed. paym.nl will be made ... outlined above. ACCEPTED: Slgnalura 011'8 Slgnlllure __ n1IJNJ C'ON1I'"1'lr_c::~"",. I NO. P.O. BOX 1I0tllilJ ST. P~TEASBUAG, f'LOAlDA 33743 TEtEPHONE (727) 528~17R FAX (727) 528~tl"7 CONTRACT ^ND PROPOSAL PROPOSAL SLJBMllTED TO; PHONE: I DATa)/1 o~o;-- San Marco NAME: JMC Development JOB NAME: STREET: CITY: . Mike Peta,gna STREET: .- CITY: ] STA~E: . STATE: - Wa hereby submit speclflc.lion. Md aslirnale. fo~ < dt Scope Of Work: Storm Sewer ~CCJ ~.w DIP @ ~ ~ 30" ReI> 261 LF @ 96.50 ~hlP :4t~5/LF $ 25,186.50 3 Manhole @ 4500.00 13,500.00 . 2 Curb Inlet @ 4100.00 8,200.00 6" pve 20LF @ 15.00 300.00 1~ Clean- Out 150.00 $ 47,336.00 = - ::..- - -=, ..--- We hereby prOP018 10 turnlih labDr and mlllen.,s - oomplete In accordance wllh the lI!)OV4I speClllcetlDna, for the sum 01: dDlIllrS IS I with paymflnt 10 be made 8S follows: All miller,., Is guaranteed 10 be IS .peollllld. All work '0 bt COmpleted In B workmanllko mannOr acc!lrdlng 10 't'nllard practices. Any .'h",,1I0n or deviation 'rom lIbove lIPIIClllCBtlOJl81nvolvlnllllxlra 00018, will be IlKeouled only upon wrlllen orders, and will becoOll;l ~n Ixlra CIlaJYB avor and t1bove lhft MUmBto. All agreern.nlll Oontlngonl upon slrlllll!, aCCldonlo or dolBY' blyond Our control. Thill propo,., Subject to occop1ance within ____ <llIi/O lIInd Is void Ihllm"f1er III Ihe option Df the und",rlllan'd. . AUlhDrlzed Slgnalurll The abo". prIce., 'p,elfleallo", end aondlUool I,. hereby lICe.plad. You .,. authorlZlld to do the work a. 'paclfled. Pllymenl will be made .. outlined above. ACCEPTANCE OF PROPOSAL - ~- ....... ACCIEPTEU: Stgnature _ D.,. SIUNlIUrt SUBCONTRACT AGREEMENT JMC Design anel Development, Inc., and the Subcontractor: MTM Contractors, Inc. AGREEMENT made this second day of May in the year 2005 BETWEEN the Contractor, Project: San Marco Project Building Sitework Job No: 3552 Owner: The Residencf!s at Sandpearl Resort, llC General Description: ill.Qyide the labor and materials for project site utilities work Architect: Bloodgood Sharp Buster Architects and Planners of Florida, Inc. Workman's Compensation Po/icy it: Expiration Date: G.eneral Liability Insurance Policy #: Expiration Date: WITNESSETH, THAT IN CONSIDERATION of this Agreement and mutual promises exchanged herein, receipt and sufficiency of which is hereby mutually acknowledged, the Contractor and Subcontractor agree as follows: 1. Work Covered by Agreement The Subcontractor shall furnish all Jabor, tools, equipment, services, materials, permits, delivery, rigging, and installation of all appliances, fixtures and all other things necessary for the turn-key completion of the Work as described in Exhibit A, hereinafter called the "Work". 2. Contract Price 2.1 The Contractor shall pay the Subcontractor for the performance of all of the Work, the total sum of: $ 229.027.00 Two Hundred Twenty-njne Thousand Twenty-seven and 00/100, the "Contract Price". The Contract Price includes all costs of performing Work and all applicable taxes including without limitation, all sales and use tax attributable to the Work of the Subcontractor (which may be necessary and shall be performed from time to time, as and when required b}' the Contractor). 2.2 There are no allowances in the Contract Price unless expressly set forth in this Agreement 3. Method of Payment 3.1 The Subcontractor shall be paid progress payments upon completion of portions of the Work in accordance with the Schedule of Values, attached to this Agreement as Exhibit 8. 3.2 Request for payment for the Work completed by the 15th day of the month must be received at the construction office located at 516 Mandalay Avenue, Clearwater, FL 33767 by 3:00 p.rn. on the 15th day of the month or prior business day. 3.3 Contractor shall pay the Subcontractor each progress payment under this agreement by the 30th of the same month as the application, unless the institution providing the construction financing for the Project (herein called the "Lender") has not yet funded the application, in which case, Contractor shall pay Subcontractor on or about the next business day after receiving such funding. 3.4 10% of all payments to the Subcontractor will be withheld by the Contractor as retainage. 4. Conditions of Payment 4.1 Applications for payment shall be for satisfactorily completed Work only. Contractor shall inspect such Work for quality, completeness and compliance with the terms of this Agreement as described in Exhibit A. If such inspection reveals any incompleteness or defective Work, Contractor shall have the right at the Contractor's sole discretion to withhold up to 200% of the cost of correcting any defective Work or completing any incomplete Work. If the Work is not corrected or completed by the next payment application, Contractor has the option to withhold payment and Contractor shall have the option to correct or complete such Work and the cost plus 15% will be back-charged to the Subcontractor. If the Subcontractor calls for an inspection of his Work and Work is incomplete or defective, Contractor has the option to back charge up to $500.00 for reinspection. 4.2 The Subcontractor shall pay for all materials, equipment and labor used in or in connection with the performance of this Agreement through the period covered by previous payments received from the Contractor. 4.3 The Subcontractor shall provide partial releases of liens for Work covered by the application for payment from any material supplier, subcontractor or equipment provider which has served a Notice to Owner. Date Revised 3109/04 !J~ / oJ ... . ..- . '~. ~~" "-,,, OIlU '-'Ulll! dL:l uocuments shall be deemed to obligate the Contractor to any person due p<.iyment uncler cmy Subcontract althougll the Contractor shall have the right to pay the Subcontractor's bills for labor or materials furnishf~d to tho Project and charge such amounts against the Contract Price and any discount earned upon paying such bills shall belong to the Contractor. Contractor reserves the right to issue joint checks to the Subcontractor and the Iienors. The Subcontractor shall furnish proof of payment for all materials and labor, and keep such records in connection therewilh as may be requested by the Contractor. The Subcontractor agrees to execute and secure all necessary waivers and releases of mechanic's liens, and other documents required to enable the Contractor or Owner to receive disbursements under any mortgage, building or construction loan, now or hereafter placed against the property. The Contractor is authorized to withhold all payments due in Subcontractor for any breach of this paragraph or any other term or condition of this Agreement and may apply any such moneys due to payment of any lien claims. The Subcontractor agrees to receive the payments made under this Agreement as a trust fund to be applied first to payment of labor and materials before using such money for any other purpose. 4.5 Before issuance of the final progress payment (not retainage), the Subcontractor shall certify in writing that the Work is complete and ready for final inspection and/or tests. 4.6 The Subcontractor agrees that all Work shall be subject to the final approval of the Contractor or, at the Contractor's option, the Architect and/or Owner. The Contractor's, Architect's or Owner's decisions shall be final. 5. Change OrdMs 5.1 The Subcontractor shall make any and all changes in the Work from the Drawings and Specifications or the Contract Documents without invalidating this Agreement when specifically ordered to do so in writing by the Contractor. . 5.2 The Subcontractor, prior to the commencement of such changed or revised Work, shall promptly submit to the Contractor written copies of the cost or credit proposal for such revised Work in a manner consistent with the Contract Documents. 5.3 For channes to the Work resulting in an increase in the Contract Price, the Contractor shall pay Subcontractor's direct cost of making such changes plus fifteen percent (15 %). Direct costs shall be defined as labor, materials and equipment used to complete the Work described in the change order. Direct costs do not include general conditions, overhead, supervision or profit. 5.4 Retainage of 10% will be withheld on any approved increase to the Contract Price pursuant to change orders to this Agreement 6. Calculation of Contract Price It is understood that at the time of the execution of this Agreement, the parties hereto are aware of the materials necessary to perform this Agreement and/or the difficulty in obtaining same. It is accordingly understood that no claim shall be made by the Subcontractor for increase in the Contract Price herein, even though it may be necessary to obtain materials from other sources, in order to perform by the time of completion provided herein; the Subcontractor shall at no time claim that the Contract Price was predicated on obtaining materials from any particular or usual source of supply. If Subcontractor finds the price of labor and materials herein provided for has increased to any extent for any reason whatever, including but not limited to strikes, force, or voluntary agreements between employer and employee, present or future, governmental regulations, trade association agreements, whether the same of brought about by statute, agreement or otherwise, or any change of economic conditions whatsoever, it is understood that any and all risks of increase in price of labor and materials have been contemplated by the Subcontractor and have been taken into full consideration in arriving at the Contract Price. The Subcontractor shall, at no time, claim such increase by reason of delays of the Contractor, any other subcontractor, the Owner or its representatives, or any other independent contractor employed by the Owner, or for any other cause whatsoever. 7. Scheduling 7.1 The Subcontractor understands and acknowledges that time is of the essence of this Agreement and any delays in performance may result in consequential damages in addition to any other damages provided herein. The Subcontractor shall commence upon receiving written notice to proceed from the Contractor and complete the several portions and the whole of Work at or before the time or times hereinafter stated within the Schedule attached as Exhibit C. 7.2 Subcontractor agrees to meet weekly with Project Manager or designated employee of the Contractor for scheduling while on the jOb site, unless otherwise notified by the Contractor. 7.3 Contractor acknowledges the Project Schedule will change from time to time and these changes could impact the Subcontractor's schedule. Subcontractor shall be responsible to periodically review the Project Schedule with the Contractor and adjust the Subcontractor's schedule accordingly. 7.4 The Subcontractor shall furnish periodic progress reports on the Work as mutually agreed, including information on the status of materials and equipment under this Agreement which may be in the course of preparation or manufacture. 7.5 If the Subcontractor falls behind the progress SchedUle, provided such delays are not otherwise excused hereunder, Subcontractor agrees to add more workmen to the job or work overtime, if necessary, at no expense to Contractor to bring construction back in line with said Schedule. If Subcontractor falls more than three (3) days behind on the progress Schedule, Subcontractor shall, at the option of Contractor, be considered to have committed a material default under this Agreement. 7.6 If the Subcontractor should be delayed in the performance of the Work by any act, neglect or default of the Contractor, Owner or Architect, or any of the other subcontractors employed by the Contractor or Owner upon the Site, or by any damage caused by earthquake, hurricane or such other cause completely beyond the control of the Subcontractor, then 2 !It A' .VI: / - - -..._..~~~ ,v, a /-,ClIUU eljUlValenr to the time lost by reason of any of the aforesaid causes. No ~uch allowance shall be made unless a claim therefore is presented in writing to the Contractor within two (2) business days of the occurrence of delay, and such claim is approved in writing by the Contractor. The Subcontractor agrees that such extension of time for completing the Work shall constitute conclusive evidence of the satisfaction and cancellation of any and all other claims the Subcontractor might have on account of such delay. No delay, suspension or obstruction or any other causes caused by the Contractor shall, however, terminate this Agreement or increase the amount paid hereunder to be paid to the Subcontractor. 7. 7 If Subcontractor fails to complete 100% of the Work on or before the deadline for completion of the Work as set forth in the Progress Schedule, Subcontractor shall reimburse the Contractor for all damages caused by the Subcontractor's delays. This obligation shall be in addition to all other remedies of Contractor under the Contract Documents or Florida law Contractor shall have the right to set off the full amount of such damages against amounts due to Subcontractor under the Contract Documents. 8. Payment of Retainage 8.1 Before issuance of the retainage withheld on this Agreement and any applicable change orders, the Subcontractor shall submit: a. Evidence satisfactorily to the Contractor and Owner that all payrolls, bills for materials and equipment, and all known indebtedness connected with the Subcontractor's Work have been satisfied. b. As-Built Plans indicating the actual Work performed. c. Final Subcontractor Affidavit and Conditional Final Release of Lien from the Subcontractor. d. Final Release of Liens from all Subcontractor's material suppliers, equipment providers and subcontractors who had seNed Notice to Owners on this Project. e. Written request for payment of retainage. This request shall not be made any earlier than 30 days after completion of the Work. 8.2 Subcontractor shall be paid after receiving final approval by the Contractor and Owner and on or about the next business day after receiving funding from the Lender. 9. Contract DOGuments 9.1 The Contract Documents for this Agreement consist of this Agreement and any Exhibits attached hereto and, the Drawings and Specifications. All of these documents are a part of this Agreement and shall be available for inspection by the Subcontractor upon its request. 9.2 The Subcontractor shall be bound to the Contractor by the terms of this Agreement and of the Contract Documents. 9.3 No alterations or deviations shall be made in the performance of the Work as shown in the Contract Documents except Upon specific written order from the Contractor by one of its duly authorized officers prior to such alteration or deviation. 10. Quality of Work 10.1 The Subcontractor agrees that all Work shall be done in a good Workmanlike manner and all material shall be new and of the first class quality; and all Work performed and delivered shall be performed and delivered to the satisfaction of the Owner and Architect and shall comply with all laws, rules, industry standards, and regulations and including but not limited to requirements to building codes of all governmental authorities having jurisdiction and with the requirements of the Lenders making the building and/or permanent mortgages on the property. 10.2 It is the Subcontractor's responsibility to see that all Work ;s performed in accordance with these standards. Should the Subcontractor substitute inferior labor or materials in place of the standard specified, the Contractor shall be allowed the full amount of the difference in values even though it may accept same so as not to delay the progress of the Work, the Contractor, however reseNes the right to reject such inferior labor and/or materials and the Subcontractor shall replace such labor and/or materials to comply with the requirements of the Contract Documents without extra charge. 10.3 The Subcontractor agrees that only such labor as will not cause discord on the job shall be employed, and in the event that this is not done, the Contractor reserves the right to use all jobsite materials and equipment of the Subcontractor, and complete its Work, back charging all its expense in connection with same. 10.4 Subcontractor hereby represents and warrants to the Contractor that the Subcontractor: a) is experienced and skilled in construction of the type of Work provided herein: b) has and can maintain adequate, skilled employees, work force, materials, machinery, tools and equipment necessary and adequate to accomplish the Work on or prior to the time of completion as provided herein: c) has visited the job site and is familiar with the local conditions under which the Work is to be performed, and has correlated its observations with the requirement of this Agreement: and d) has carefully examined thl3 Drawings and Specifications and agrees that they are adequate and suitable for the purposes intended. 11. Compliance with Laws 11.1 The Subcontractor shall comply with, assume exclusive liability for, and shall hold the Contractor harmless against the payment of all contributions and taxes of every kind due under Federal, State and local tax laws, social security acts, unemployment compensation acts and workman's compensation acts insofar as applicable to the performance of this Agreement. The foregoing are all included in the Contract Price. 3 Ii f ./ /II / /.4.1 . .. __no .-.,~ ~" '''O''VIIClUI~ :>i:Hery precautions with respect to its Work, shall comply with all safety lTleaSl~res Irllt/ated by the Contractor and with all applicable laws, ordinances, rules, regulations and orders of any public authority for the. safety of persons or property in accordance with the requirements of the Contract Documents, including but not limited to OSHA requirements The Subcontractor shall report within three days to the Contractor any injury to any of the Subcontractor's employees at the site. Subcontractor shall supply the Contractor a written copy of the Subcontractor's safety program as well as all applicable Material Safety Data Sheets. 11.3 The Subcontractor shall give all notices and comply with all laws, ordinances, rules, regulations and orders of any public authority bearing on the performance of the Work under this Agreement. The Subcontractor shall secure and pay for all permits, fees and licenses necessary for the execution of the Work described in the Contract Documents as applicable to this Agreement. 11.4 The Subcontractor represents that it is duly licensed to perform the Work and will maintain all such licenses in full force and effect until all Work is completed. 12. Insurance and Bonds 12. 'I Prior to starting Work or signing contract, the Subcontractor shall, at its own cost, obtain all required insurance from an insurer acceptable to the Contractor in amounts acceptable to the Contractor. This insurance shall include but not be deemed limited to Workman's Compensation Insurance and General Liability Property Damage Insurance. The insurer shall provide evidence of insurance, all proof of payments, and any notice of cancellation directly to the Contractor. Nothing in this paragraph shall be deemed to relieve the Subcontractor from any liability under any indemnity agreements hereinafter contained. 12.2 The Contractor and Owner shall be named as additional insured on each of the policies except for Workers' Compensation, proof of which shall be provided to the Contractor before work commences. Further, it is agreed that the Subcontractor's insurance shall be primary with respect to any claim, demand or suit and that the insurance of the Contractor and Owner will be excess over and above Subcontractor's insurance naming Contractor and Owner as additional insured. Subcontractor shall comply with all of the requirements listed on the Subcontractor Insurance Checklist, attached as Exhibit E. 12.3 __,_co of Gontracto, undo, I~s ~~iS soR'RQenl "~on Iho doli....I}' by ::~~~r al ils solo expense--t~-GootFaGtef;-OWReF-and LendeJ:--pRer to the Commencement Date of (I) 3 multiple ob f-aOO-matefial paymont-bood-in-a~".23. Florida Slatulo. aRd (ii) a m"lti~le ollliQoe "RSORdoioRal po""""an", bond. ~ bonds rc~__~~e .hall_n amouRI e~"al to Iho CORbasl Price aRd all bonds .~~:~ =~~~; suBstaflGe-&WA' ccept::lble to Contr3ctor, OVlnor 3nd Lender. Condl nGs ~f\t-te~-d.24~Affa Statutes 3re not-aGGeptable. All bonds sh311 be on the AlA 1\311. form 3AG-sAaU---iAGltlfle Provisions--that--BRaAges--ifl--9F--URGer the ContfaGt Documents and compliance or noncompliance 'Nith formalities connccteG with--tRi&-AgreerReAt--or-with ch3nges--te-this-Agrcement do not 3ffoct tho surety's oblj~ations under the bonds to tho COAtr3ctor, Gw~der.,. 13. Certificates All certificates (except the Certificate of Occupancy) which any Federal, State or local agency and/or department may issue with respect to the Work of the Subcontractor, shall be procured and delivered to the Contractor at the Subcontractor's expense immediately upon completion of the Subcontractor's Work. 14. Warranty 14.1 The Subcontractor warrants that all materials and equipment furnished and incorporated by itself in the Project shall be new unless otherwise specified and that all Work under this Agreement shall be of excellent and highest quality, free from faults and defects and in conformance with the Contract Documents. All Work performed and materials furnished b}' the Subcontractor shall be unconditionally warranted for the greater of a period of one year from the date of Certificate of Occupancy for the Project or whatever period of time which the Contractor or Owner is liable under any applicable law to the Condominium Association or individual unit purchasers. Furthermore Subcontractor shall warrant all Work performed from latent defects as required by law. All Work not conforming to these standards may be considered defective. This warranty shall be in addition to and not in limitation of any other warranty or remedy required by law or by the Contract Documents. 14.2 The Subcontractor, at its own expense, agrees to and shall immediately upon demand of the Contractor repair or replace in a manner satisfactory to the Contractor, any and all Work, furnished by the Subcontractor which may have become defective, due to faulty materials or Workmanship, or due to unsatisfactory functioning of plant or equipment furnished hereunder, within such period. The Subcontractor further agrees to pay for all damage to any improvements, finishes or personal property resulting from defects in its Work and all expenses necessary to remove, replace or repair in a satisfactory manner, any other Work which may be damaged or disturbed in making repairs to the Work included in this warranty. 14.3 Subcontractor's express warranty under this Contract includes an express warranty of fitness and merchantability of the Work to Contractor and Owner that is coextensive with Owner's implied warranties to condominium unit purchasers under Section 718.203(1) Florida Statutes (1994), or any replacement or modified statute that hereafter is applicable to the Project. The express warranty under this subsection shall not be construed to limit any other express warranties to Contractor and Owner as provided herein or as provided by law. 15. Liens 15.1 Subcontractors must notify Contractor of any Claims of Lien or other legal action related to this Project. 4 i{ 1;11 hi. / - _. -"'. ~w ,~ vU"vC' ClIIU UI::it.;llarge any notices or liens filed for Work or labor performed for, or rnater!als or equipment furnished to the Contractor immediately upon notice and demand by the Contractor. Any damage Including al/ cosfs and reasonable attorney's fee, which the Contractor or Owner may suffer as a result of the filing of such notices or liens or the failure to obtain cancellation and discharge thereof, shall be reimbursed to the Contractor b\, the Subcontractor. 16. Default Should the Work and/or materials be unsatisfactory to the Contractor, Owner or Owner's Lender or should the Subcontractor delay or refuse to prosecute the Work with reasonable diligence as required by the Contractor or abandon the same or otherwifie fail to perform its Work as herein agreed, or fail to comply with any of the agreements herein on the Subcontractor's part to be performed, or should the Subcontractor become insolvent, or should the Subcontractor file a voluntary petition in bankruptcy, or should an involuntary petition in bankruptcy be filed against the Subcontractor, or should a receiver be appointed for the Subcontractor by any court of competent jurisdiction, then on giving to the Subcontractor twenty- four (24) hours written notice of sLlch default or breach, the Contractor may enter upon said Project and complete said Work itself or by hiring other subcontractors the Contractor may provide such other material and Workmen as may be necessary to complete such Work or any part thereof and the Contractor is hereby empowered to do so as often as it may deem necessary in order to hasten the completion of the Work without releasing the Subcontractor from liability hereunder. Further, at the Contractor's option it mal', upon giving notice, deem this Agreement terminated with the right to the Contractor to complete such Work in the manner aforesaid. In any of such events all equipment and materials on the premises owned and/or controlled by the Subcontractor may be used by the Contractor or its agents to complete said Work, and without charge or cost and the Contractor shall not be required to transport such equipment from the premises after such use. All expenses of such notice of the completion of such Work and/or part thereof including costs and reasonable attorney's fees, whether related to litigation or othelWise, shall be deducted from the amount due or to become due the Subcontractor, and jf the same shall exceed the amount due, the Subcontractor shall be liable to the Contractor for such difference, and the Subcontractor shall hold the Contractor harmless from any loss the Owner may sustain by reason of Subcontractor's breach of this Agreement. 17. Termination Of Agreement Notwithstanding any other provisions of this Agreement, at any time during the term of this Agreement, Contractor shall have the right to cancel this Agreement with three (3) business days prior written notice to Subcontractor. Contractor shall pay to Subcontractor upon termination, a percentage of the Contract Price based on the Subcontractor's Work completed through the date of receipt of the notice of termination by the Subcontractor per the Schedule of Values _ Exhibit B. Notwithstanding any dispute over the amount due and owing Subcontractor, upon termination, Subcontractor shall immediately remove all personal effects and equipment from the Project site and deliver all plans, drawings, specifications and other documents concerning the Project to Contractor. 18_ Indemnity 18.1 Subcontractor (the "indemnitor") agrees to defend, indemnify and hold harmless the Owner, Contractor and all of their respective officers, directors, employees and agents (collectively the "indemnitee") from damages to persons or property caused in whole or in part by an act, omission or default of the following parties arising from the Agreement or performance of the Work: (a) indemnitor; (b) any of the indemnitor's contractors, subcontractors, sub-subcontractors, material men or agents of any tier or their mspective employees; or (c) the indemnitee or its officers, directors, agents or employees. However, such indemnification shall not include claims of, or damages resulting from gross negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents, or employees, or for statutory violation or punitive damages that are caused by or result from the acts or omissions of the indemnitor or any of the indemnitor's contractors, subcontractors, sub-subcontractors, material men, or agents of any tier or their respective employees. 18.2 In any and all claims against the Contractor or any of its agents or employees by any employee of the Subcontractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation LInder this paragraph shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the Subcontractor under Workman's compensation acts, disability benefit acts or other employee benefit acts. 18.3 This indemnity and hold harmless provision shall be applicable to any other section of this Agreement specifically relating to indemnification by Subcontractor of the Owner or Contractor and/or holding same harmless. Subcontractor's indemnification obligation under this Agreement shall not exceed the sum of $1,000,000, which amount is agreed by Contractor and Subcontractor to bear a reasonable commercial relationship to this Agreement. This indemnity and limitation is expressly made part of the project specifications. 19. Cleaning The Subcontractor shall at all times keep the site and premises clean of debris arising out of the performance of the Work. Subcontractor shall be responsible for placing all debris, daily, into dumpsters provided by the Contractor. The Subcontractor shall not be held responsible for unclean conditions caused by other contractors or subcontractors. Failure to do so at daily inteNals will result in Contractor removing same, without notice, and the cost of such removal plus a $100.00 fee will be back charged to the Subcontractor at the Contractor's optiQn. 5 -1/ .2f1 20. Cooperatioil 20.1 The Subcontractor shall cooperate witil the Contractor and other subcontractors whose Work might interfere with the Subcontractol's Work, and shall participate in the preparation of coordinated drawings in areas of congestion as required by the Contract Documents, specifically noting and advising the Contractor of any interference. 202 The Subcontructor shall cooperate with the Contractor in scheduling and performing its Work to avoid conflict or interference with the Work of others. 20.3 In carrying out its Work the Subcontractor shall take necessary precautions to protect properly the finished Work of other trades from damagE~ caused by its operations. 20.4 The SubcontrElctor shall promptly submit shop drawings and samples as required in order to perform its Work efficiently, expediliously ElIld in a manner that will not cause delay in tile progress of the Work of the Contractor or other subcontractors. 1\11 shop drawings submitted by Subcontractors are warranted to be in full compliance with the Contract Documents, all building, fire and life safety codes, and all other governmental requirements. 21. Inspection Anything herein contained to the contrary notwithstanding, the Subcontractor expressly agrees that all Work, materials and accounting records relating to the Work, reasonably requested by the Contractor to demonstrate compliance with the terms of this Agrel3ment, whether on the site or elsewhere, embraced in this Agreement shall be subject at all times, to the inspection of the Contractor or of any financial institution furnishing the Owner or Contractor with construction or building loans and mortgages and all of the Work and materials performed and furnished by the Subcontractor must be entirely satisfactory to and approved by such Lenders. The Subcontractor shall, upon demand, furnish the Contractor a list of all subcontractors, vendors/suppliers/manufacturers who have or will provide labor or material to Subcontractor for the Project. 22. layout The Subcontractor agrees to layout the Work and shall be responsible for its correctness and accuracy and shall afford every facility to the Contractor herein for Inspection. It is expressly understood and agreed that the Subcontractor herein must cooperate with and extend every possible facility to any and all other contractors or subcontractors employed upon the site. The Subcontractor shall consult all trades, specifications and examine the Work done prior to starting its own, and upon the Subcontractor commencing its Work, it will be deemed to have accepted any preceding Work and materials and to have waived any and all claims as to nonsuitability. 23. Contractor's Equipment The Subcontractor agrees that the Contractor's equipment will be available to the Subcontractor only at the Contractor's discretion and on mutually satisfactory terms except as herein provided. 24. Responsibility for Damage Irrespective of whether or not the Contractor employs watchmen during or after regular Working hours, the Contractor shall in no event be responsible to the Subcontractor for any damage to the Work already installed by the Subcontractor or damage to the Subcontractor's tools or equipment. It is the parties intent that the liability and responsibility of the Subcontractor for its own Work, shall be absolute until final acceptance of the entire Project by the Owner, no matter how or by whom. the damage to the Subcontractor's Work may be caused, including any alleged acts of negligence of the Contractor or its employees. 25. Jury Trial The Contractor and Subcontractor hereby waive any and all right to trial by jury in any action hereafter commenced by either party in respect to this Agreement or any matter arising out of this Agreement or any matters in relation to Work, labor, services or materials furnished to the premises herein described. 26. Binding Effect This Agreement shall insure to the benefit of and be binding upon the successors and assigns of the parties hereto. 27. Assignment This Agreemenf shall not be assigned by the Subcontractor and no portion of the Work shall be future sublet without the written consent of Contractor. If such written consent of the Contractor is granted, it is expressly understood that any sublet work should be performed in accordance with all terms and conditions that the Subcontractor is bound to the Contractor pursuant to this Agreement. This Agreement can be assigned to the Lender by the Contractor. If Subcontractor is a Corporation, then transfer of ownership or control of such corporation constitutes an assignment of this Agreement. 28. Governing law This Agreement shall be governed in its enforcement and in its construction and interpretation by the laws of the State of Florida. 6 /" /1/ / . - - - ---- ......J Each provision of this Aweement shall be severable from each OHler provision. The invalidity of any provision herEof shall not invalidate any other provision of this Agreement. 30. Miscellaneous This Agreem.:lnt ma~/ be executed in any number of counterparts which together shall constitute the Agreement of the parties. The paragraph headings herein contained are for purposes of identification only and shall not be considered in construin~l this Agreement Whenew3r used, the singular shall include the plural and the plural the singular and the use of any gender shall include all uenders as appropriate. This Agreement has been negotiated by the parties and is not to be construed for or against either party. In the event any litigation is commenced between the parties arising out of or referred to this Agreement, the Work, or the Project, the prevailing party shall be entitled to recover from the other party its reasonable attorney fE't3S inclUding attorney fees prior to litigation, during litigation and any appellate bankruptcy or po~t- judgment proceedings. 31. Construction Loan This Agreement is contingent upon Owner's closing the construction loan with Owner's lender 32. Partial Releases of Lien If requested by the Owner, Subcontractor and alllienors claiming through Subcontractor, will deliver Partial Release of Lien for individual condominium units without additional payment. 33. Special Conditions: See Exhibit D, none attached. 34. Entire Agreement This Subcontract contains the entire Agreement between the parties hereto. No promise, representation, warranty cr covenant not includ(~d in this Agreement has been or is relied on by either party. Each party has relied on its own examinatiol of the full Contract Documents and the provisions thereof, and its own counselor advise. No modification or amendment to this Agreement shall be of any force or effect unless in writing and executed by both parties. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto on the day and year first written above. Witness as to Contractor: CONTRAC~9,R:.-JMC (sjgn ancS~De~~I~pment, Inc. -/7/ t>' /~, / r.:~>/ / ./-/// ,,/ /'~.. " '~~// . ,; .,.f':."".d '. /y .::/ By. / /7~ '. ( _I!y'/ -z / . 7/ " / f {. // (' l /'J L_ / / . ..... - " .~ Tit! ~~__~ ,./ /-' L"D:.J-LI/ j.~ /r [J; '; Ic~? /.7 /. /. 1tY / - ~#f(:JItt-nlf\-.. Witness as to Subcontractor: C \ -\ . .,-, .. \ .. " , .1.~.__ . _. J ;. I \ - I " .-.' I r; '\. j.' -..., , q ",~'LA'- \ \_'-- _"-- \ \_"-_ - -- ~ r-- ~ \/\ ~~-- --, /' -- SUBCONTRACTOR: MTM Contractors, Inc. ~ By ~ 'l7'-<...Lr- '" \) \' ~ ~ \ ~ '<C!-D~ Title: 7 , I'i:~/ . jf I tJ Subcontract Agreement Exhibit A Description of Work This Exhibit is an integral part of the Subcontract Agreement dated May 2, 2005 between JMC Design and Development, Inc., "Contractor" and MTM Contractors, Inc., "Subcontractor". This Exhibit will further describe and define the Work to be completed by the Subcontractor. Subcontractor shall furnish all labor, materials and equipment necessary to provide a complete (turnkey) site utility job for the relocation of the sanitary and storm sewer systems along San Marco Street for the future condominium project, The Residences at Sandpearl, in accordance with the plans dated 1/05/05 and revisions dated 4/05/05 by Florida Design Consultants, any revisions required by the City of Clearwater, and all applicable codes and regulations. Contractor shall be responsible for obtaining the necessary permits required to perform the work described herein. Subcontractor shall relocate, install and/or tie-in components of the sanitary, storm, and water systems and roadwork as described by the specifications and plans. Electric, telephone, gas, irrigation, and cable TV work are not included in this agreement. All work of this Agreement shall be in strict accordance with the City of Clearwater's Standards, Specifications, Codes, Ordinances, requirements and recommendations (City Standards); and in accordance with all other applicable codes, standards and ordinances. Where there is a conflict between the Plans, these Special Conditions, and the City Standards occurs, the stricter shall apply. Specific items that are normally part of the Work or that are required by City Standards or City Engineering but are not necessarily detailed on the plans or these conditions are included and will not be considered to be a change in the Scope of Work. Subcontractor agrees to coordinate his work with all other utilities including but not limited to power, gas, telephone, data cables, television cable, traffic control systems, street lighting, domestic water, reclaimed water, storm sewer, sanitary sewer and irrigation. The location and protection of existing utilities shall be the responsibility of the Subcontractor. Prior to beginning work, the Subcontractor shall expose all existing utilities to be extended or crossed and wif/ verify their location and elevation for any conflicts that may require the Engineer's attention for resolution. Any fixture, device, item or system not covered in the scope of this agreement that is removed or altered by the Subcontractor through the performance of any part of this work shall be restored to the satisfaction of the City, and/or Engineer, and/or Owner at no additional cost to the Contractor as part of this agreement. Layout reference "elevations" and "lines" shall be established by the Contractor's Engineer for the use of the Subcontractor. Subcontractor shall be responsible for the protection of the reference markers. Subcontractor shall always inspect the work of the Contractor's Engineer verifying that 8 /1/ / 0LU an error 01 "bust" from the plans has not occurred. Change orders will not be approved for repairing or replacing defective work resulting in the Subcontractor following a "bust". Finished surface, slopes, depth of utility, utility coverage and utility separation shall meet or exceed City Standards. Subcontrai:::tor shall grade the road, parking, and public sidewalk area base grade to within +/_ 1/1 Oths fent of the required grade leaving no low areas that will pond water. Subcontractor shall perform the grading work to a state ready for sod within the right-of-way areas. Subcontractor shall compact the utility trenches, road sub-base, and right-of-way areas to the required density. Subcontractor shall provide permanent markers or identifications (if required) by the City in accordancf~ with City Standards indicating location of valves and denoting types of services for domestic and reclaimed water, sanitary sewer and storm sewer systems. Valve boxes shall be adjusted to final grade after final grading as applicable such that the tops are flush with the finished surface. Valve covers shall be permanently marked or painted to indicate the service type as required by City Standards. Dewatering or well pointing, where required, is included in the Scope of Work and shall not be considered for additive or deductive change orders. Trash, debris or excess material resulting from Subcontractor's operation shall be removed from the job site as the work progresses. All excess fill and other materials with resale value shall remain the property of the Owner and shall be stock piled in an area designated by the Owner or at Owner's option, removed from the site at no additional charge to the Owner. Subcontractor is to control all fugitive dust and debris originating from its Work by watering or other methods as required. All materialB taxes and shipping and handling charges are included in this agreement. Where a unit cost is not already established, change orders shall be provided at direct cost plus fifteen (15) percent overhead and profit. This markup shall include but is not limited to supervision, travel, misc. tools, vehicles and labor fringe benefits. However, no change orders to this agreement will be allowed unless approved in writing by the Contractor prior to work being commenced. Temporary public protection and traffic control associated with the Work (including City approvals) shall be performed by the Subcontractor as part of the scope of this agreement. Subcontractor agrees to coordinate his Work to provide access to the site for on-going construction at all times. Inspection and testing fees by Engineer and or City shall be paid by Owner. Re-inspection and re-testing for un-passed areas of work shall be paid for by Subcontractor. Subcontractor shall coordinate all required inspections and must notify Contractor prior to each inspection or test. Subcontractor shall supply As-Built Plans in a form satisfactory to City, Engineer and Owner before applying for final payment. Owner must have acceptance of the Work covered by this Agreement from the City prior to issuing retainage to the Subcontractor. 9 fl It/ SubcontrcJctor shall perform all work with skilled mechanics in a matter consistent with the best- accepted practice to reflect high quality workmanship. Subcontractor shall submit a manufacturer's product specification and/or shop drawing for Engineer'~; approval of each item or material associated with the scope of this Agreement. Subcontractor acknowledges the high visibility of the site and the desire of the Owner to maintain a clean work place. Subcontractor is responsible for all daily and periodic clean up and house keeping chores including protection and cleaning of existing structures and systems and the removal and proper disposal of waste materials from the site. Failure to do so on a daily basis may result in the Contractor performing the same without notice at the expense of the Subcontractor. 10 /fA . /1 I /d_;. / Subcontract Agreement Exhibit 8 Schedule of Values for Progress Payments This Exhibit is an integral part of the Subcontract Agreement dated May 2, 2005 between JMC Design and Development, Inc., "Contractor" and MTM Contractors Inc., "Subcontractor". Ite'TI~ DescrilltiQl! STORM SEWER 30" DIP, 261 If Manholes, 3 ea Curb inlets, 2 ea 6" PVC, 20 If Clean-out, 1 ea 3()" Plug, 1 ea Abandon storm lift station Remove existing storm manholes SUBTOTAL SANITARY SEWER 8" PVC, 258 If Mnnhole, 1 ea Core into drop Inside drop, 1 ea Dewatering SUBTOTAL ROAD WORK Remove E!xisting base, asphalt, concrete curbing Remove brick pavers and reinstall, 2500 sf Remove storm p. ipj and structures Curb, base, and r'phalt Pave markings ~. / Relocate existing utilitie~ Shower and foot spigot Pedestrian bench SUBTOTAL 11 Unit Cost 225.00 4,500.00 4,100.00 15.00 31.50 15.00 Totals $ 58,725.00 $ 13,500.00 $ 8,200.00 $ 300.00 $ 150.00 $ 3,500.00 $ 12,000.00 ~ 1,800.00 $ 98,175.00 $ 8,127.00 $ 4,500.00 $ 1,250.00 $ 3,150.00 $ 9,500.00 $ 26,527.00 $ 7,500.00 $ 37,500.00 $ 8,400.00 $ 24,500.00 $ 1,350.00 $ 15,000.00 by others by others $ 94,250.00 /fA// WATER /)VC service line, 70 If nre hydrant, 1 ea (j" plug, 1 ea FDC assembly, 1 ea f"X6" tap, 1 ea Cut and plug existing main SUSl:OTAl. CONTRACT rOT AL 15.00 $ 1,050.00 $ 3,000.00 $ 125.00 $ 2,500.00 $ 2,500.00 $ 900.00 $ 10,075.00 $ 229,027.00 12 11/ ///,; ,. /I/{./ Subcontract Agreement Exhibit C Project Schedule Summary Tllis Exhibit is an integral part of the Subcontract Agreement dated May 2, 2005 between JMC Design and Development, Inc., "Contractor" and MTM Contractors Inc., "Subcontractor". Estimated Start Date May 2005 Estimated Completion Date July 2005 13 /'0.7' :I , Ii" / I: ,c. Subcontract Agreement Exhibit E Subcontractor Insurance Checklist This Exhibit is an intenral part of the Subcontract Agreement dated May 2, 2005 between JMC Design and Development, Inc., "Contractor" and MTM Contractors, Inc., "Subcontractor". Insurance must be documented by current, original, signed Certificates of Insurance Certificate Holder. JMC'Design & Development, Inc., a Florida Corporation. A. GI:NERAL LIABILITY PE~r Occurrence General Aggregate Products/Com pleted Operations Excess Coverage Required Minimum Coverage $1,000,000 $1,000,000 $1,000,000 $1,000,000 B. ADDITIONAL INSURED ENDORSEMENT .JMC Design & Development, Inc. and CBR Development II, LLC. must be named as Additional Insured for both ongoing and completed operations. The additional insured form should be sent to us as well as referenced on the Certificate. Accepted forms include: CG2026 1185, CG 2010 1185, CG2037 1001, Erie UF-3293, (Virginia UF- 32H1), UF5709 (Ed. 1/87 or UF9704 Ed. 11/85, Nationwide CAS-4190, State Farm FE- 63;~4 (7/88), Nationwide ACP0013 or a Blanket Additional Insured endorsement that adds the additional insured for both ongoing and completed operations. Language for Certificate of Insurance JMC Design and Development, Inc. and CBR Development II, LLC. are listed as additional insured for general liability as respects to the work performed by the Named Insured per form. (Select form from list above) c. CEHTIFICATE HOLDER The following must be included in the Certificate Holder box on the certificate of Insurance: JMC Design & Development, Inc., a Florida Corporation 2201 4th Street N., Suite 200 St. Petersburg, Florida D. AUTO LIABILITY Limits must include the following: $500,000 Combined single limit or $100,000 per person/$300,OOO per accident/$100,OOO Property Damage E. OTHER ITEMS REQUIRED W9 for current calendar year License on file 14 14// .. .. ._.",."..:,,~....,.-. -'--'.'--' ...,.. .._......_'_.........,'-'"-_._,-_.,_.....,-.......,_.._-_.~..-......:.__.._..,......_..~_....... ...:.......--~,,_..- _____.__.___ltHM Contrat;;tors, Inc, (8 u l)(}o"t fa ClIo f) REClUlsri-'ON I'k)'_n_QL__. n~~ES'CfORrAYMENl' DATE: 5/30/05 JMC DESIGN Ai'llJ DEVELOPMENT, INC. 516 Mandalay Ave. CI(~arwaler, r-;L 33167 PROJECT: sAmH~!H~rl COST CATEGORY: This requl:st for paymant is for worl< performed on the abovB project through the pay period ending _~_..___!ll1.5LO.s._..._______~__-'. -.--'--.-..,,------...--..------------....... Original Contract Amount/P.O. # Approve(! Change Ordors $229.027~OO_____" $- $ $220,021.00 TOTAL R'=:VISED CONTRACT ----------~---::::--~ V~11I8 of V\!orl< Perforltlfld to Date LBSS ---1i!~% Retainage Amollnt Earned to Date Less Previous Paym6nts Amount of orhls Requisition . $66.138.50 $_6,613.65 $59.524:65 . $ $59.524.65 =-===~".,,'V'- '""'ClIv WAIVER ANl!BeLEA&E OF Ut=N UPON PRililMn PAYMgNI THE: UNPEflSIGNED lienor, In Gonaiderallan or value received, hereby waives 8nn releasee ils lien and rlghllo Claim o( LIen 10 Iha el(ten! of $58.524.65__.,._ or for labor, r.arvlces, or mater/alii furnished Ihrouah 6/15/05 tn ___-4/vIG n~!jH~l'ULOEVfhQfM@il-,--..._~ on Ihe Job of ,_..l!!tll!VJiQJ'k , 10 Ihe following property: Property DE;E;crlrllon;__._J~gnd~arl SieBel Acldr..;ss:_,~ .AZ1L~nillIJijY Ave CIB~..EUmi1 L.egal:____ The lIfl(lerslf)J\ed lIanor swears and <If/Inns that allllenors uncler its direct con/raet have heet\ paid In full {or all labor, materials and eervlces rurnlshfld Ihrm~9h the ahov.. dale, This walvllr and release doe~ nol cover any reliilnalJB, labor, seNlcBS or ma/erlals furnished after Ih1l dat", 6pecifiE?ct. LIenor: c Y~ll By: SWOHN TCl AND 8UjC~l::D before ,mlllhls f.., day of. 2iGl.5_. ty iliQq~ ~-,... who Is personally k~n~ me or ho pfodUced -.-- ~ as Idenllflcalloo and Who (did/did MI) la ~ .... LINETTE A. CANTO .LP L --4 _. /l r ~ t:;.\ MY COMMISSION I DD 196589 ~ ~ --.l.,&, . I EXPIRES: March 25,2001 NOTAFN F~IBLlC -' lIandudThruNolaryplIbIk:UIld6IWrl/e.. NOTE: This is a statutory form prescribed by section 713.20. Florida Statutes (19G6). EffectIVe Oc:tober 1, 1996, a person may not require a lienor to furnish a waiver Ill' release of lien that Is different frol11 the statutory form. Tfl -:Jt:\H.-J C:).lrl I "1\-1>.11 "In"l IAII IAI IbCClR7.C/7.1 ~Cl:qT CClCl7./QCl/ICl ~ .,V /' ,11~,'I?'rt\ (: :1 ,-- .... - ,...-.....,-- .. .-. ~,.--~'J.n '.-..- .j Ie" ----c-----.-----,--..---' .MIMii-2Qlm~!.tflGiLJ!JI:! ,__________._ (S (JI)(;(J Illuw[ () 1").________ IJE!J.llmU,Forr PI\Yl~lj;NI r\ r: (lll I [) iT 10 i'/ NO. ___~~~~~J__n~__ DAn:: JlIly 29, 2005 .JMC D128/GN AND D[\![LOPIvlI:~NT, INC. S'I6 Nlanill:JlflY two. Cloarwnlor, r'~L :~:n(J7 ----~~--- -.i,;l_ -~__,,'::"_ ____..:.~_____._'______._.._...,__.__ F'{\.O,/LCT: -- ____.~ S f!ngH~mL_~. COST G/\TL:GOI"\Y;' --._------~~---_._--~~.._- ------- This rtJC(IH1S1 fr.Ji: IlHymollt is for WOI'I, porforrnod 011 Uw above rJIOJ' ocl thl'oWlllll1O fJUY Ilfll'iocl fJr\(jll'() , 7-.2.9.-2005, .. ,. I.. . ,. '. .,----:'-'............,_.....'~--.~...'.""'-_.......,.........._---~------_!. ol'joiOalhonT,:m~'7\rrli.)uriUi?-:(5.-i~----:-$22.riLO;~-;:/ ,00 . -n~___-_-------__~_'____._____nm.___.__ __c__,,_~,,_.. ApprOverlCI.lan000reters 1 .., lj [{; {.5~35-6:;;..10-'-'------:---_._~_._-_._.-------~--_"----- .. TOTAL Rf,VIBED CONTHACT~i~-=::=_=_::===-==~:==~_=:::-:==-= . ',' -....:...-. ,~---J;--'-::~~""-"""Il.)1'~"."';O~""JJ"U"=~;r..u:<..c..~=~~,___ -_==.z.J~'...._...~~_~--..._.... . Va'luo.of Wor\< PorFomlo<) 1.0 Dnto : L(1~~ .~~,_.t9.L...~% nela1nage . . Arii,jIlOl. EarnmJ to DalCl .. L~i!~J?reyIQus F'nyrnenls ...Ar'rlQI/'ilt .01' 'rh IS I'(otjlli!illloll :1; --____ 253,502.00 . . . :k-":"~. - ~=-12~12.0 .10 ==--=====:=-~====~~ :p!_,--~_....:.2 2f\Lt5LIHl._~______________..;..~,~. ~ :t..______' ~ 2/f. li5 .' _____=-=-=-= :11:~____~_16!!L~2:_hg~_~__~____~___.,~_ ....:~c::i:.c.'I'P\~-~~u...IIIIl:fl.~4J,:,I.tA...J_ld:.u:.:..,/~J;..r:I:..'......~_~__ ~..._ .. :.. ,,,.:'. . Y\IA~Jm1\fIIU1U;Lr:AGt~ OF LI~J\I .'.. .,.... . . .. ,. !!~.gN PROGRESS Pl\Y.I\'!@I . Ti-II~ .UNO!:Ri;IGNED IIollor, In COl1sllleratlon M vfdllB nlGo/ved, heleby walveo and rlileas<!B it" Ji"11 find riOhi 10 cll'llrn of LiFen 10 the exlent or ~~ 22B. l~l:...~~. or for Inbor, selvlcee, or nialerl~la fumlsherJlIll'ougll .J lily 3 9 2_~Q05___.______, 10:......;.-~M~j]~tilurlJldJr~Yt~I.n~MI;I\lL_________~ on (he Job 01 ___jllIUlY.Y/!lr1L_._,~, In llie fo/J()Wlng prupBlly;. fJropClIly f.)8"c;rll)tllJiI,._____---!.~g[lJiI~g(L__~, _______________._________ SIre81 )\drlrol;8:~__.~._.____47.UJ:lllilhrJfJJlJ)'.A\'!!~91~.J:h.~il7.i!L______________._________ _____~___. ----~----------- -~-------- ',," L8g.iil.I:c...---~--'-----------..,-_---.__.__c.---.----,-~---__~:..~.,,_....,.__~.____._..__.__..___ :.ll\~ .un<l~rtl(Jn<irJ IIiJllpr 6Weafe and aWnn! 11)<\( allll!lflor9. under 119 dlreclllontraet have been paid Iil/ull (fir alllllllOr, lI1alotllll:'\ Ifill! " ' S!'llvIC9!\ Hlmlr.hed.throlllJh the allilve (/f{lo. Thhli wolvar llnd /.elllE16e aOlle.not novoI' finy mlalllB!Jfi, falJo(, sel\tlce9 or tmllella/l, rlll'lllahecl . \, llflor Hie dnl.ea.pi;G/(Ied.. . . , . .. '116110r. '. .dIM'" I'''nlo l!; I G. ,.:.:J,:' . . - .-,-~JYlc _ -",-QfI~LL {L'-'-_..~__._____.~,.--~,..-''',.___ . . . . . . .. ..''il~1f-,~~t:.~~~"~<j;;\~..-L"'- _ . SWOH!'/ TO AND ~?l)[J(j_(!lJIBE/) blllr!fU me Ihl9 cJc1 _ilay of..':::. !.,.~~_= _~~.":"___'__'-. ...:..... 2ii0S.~., by ..Gw.L4Y-:_LQQC,,-D. .;~,tC.1CL_"-Wh~ Is era~Jl~!!Yl!J.l.~. . , II r~uul.lJrJlJGerl_--__~.------,.-----_- , i\lllde~'If/ou(lofJ l'lnd wllO'(dlli/dld iml) , <!hI ~1l01. . UNEllE A. CANTO ] ,. ----;-~...~---- I.~ ~~~ MY COMMIS,SIOtl_ DO 1%660 . C~<~ ',L..-L-t,,' (l . (' ("I, /f.-t;-... ! ~ .: j . EXPIf1ES: March ~5, 2(XTT . . -. - /J... ..n_'~'__ ..eL_.!.._.~ob?tw -L.2_ . .i!i' . B,.uf,.dI1lNN,.at1P'~llIctlnolllwllto,. . - OTArW PUrlUC . =:;r .~~_ .......... " "- _. '.: ., . ':,' I'-IDTE.: ThiG \9 a slalulory form Plusc\.\bed by sllcllph 7'\ d.20, Florida Shlll,lo9 (,\ 006). Effedlve ,OC)tobrilf 1 i H)oB, a pOn~olllrlay /1ot requl/ll a lIen(Jr to tUl1l11l1t a 'Nulver 6r re/sase 0/ Hen thal/s. c/lrterell~ froln lhe stalutory fOrln. 18 ::J9\hl C;;>.lrll '1l7> I I 1,lry\ Ihll 1.,1 J hrnn7("~ } 7" J ..--....-,,--.--, -- ....-. '....r\r.'"7 1'""7...... } I,..... ~ ~ ~ 08/18/2085 15:44 --:l:l"--''"- P.O. BOX 406IY.l ST. PETERSBUAG, FLORIDA33743 TELEPIIONI' (727) 621Hl178 FAX (721) 521}.(J547 727!;~18FI547 MTH COt'-JTRACTORS (~~\ ,}."':.... I U Z . .JULY 22, 2005 JMC Design and Development, Inc, I\ttention: Dave Riohards 516 Mandalay Ave Clearwater, FI. 33767 Fax #727-443-3885 - I: ~ U C t t- Z o U 'j.... He: Change order Request #J ('3e~~d) _ Per your Detail for San Marco . tility Vacate PAGE Ell (""'~\ \. ;'. / '1(>") c.. 'L Db,Y')OI Hemoval of extra 8ub base $ 1,950.00 144 sy of 8" concrete sub base replacement $. 6,175.00 Total for this change order request i 0,125.00 Professional Fees FDC Costs For San Marco Improvements Costs for design, permitting and construction services for San Marco. (These costs are 100% attributable to San Marco) FDC Invoice #: Date: Amount: 21290 03/02/05 $3,475.00 21571 05/04/05 $5,088.00 21827 06/29/05 $ 959.50 22048 08/04/05 $2,354.50 22150 09/01/05 $ 392.00 22358 10/05/05 $ 632.00 $12,901.00 Costs associated with removal of utilities from vacated Beach Drive by re-routing from San Marco to Baymont along seawall. Also included the removal of existing stormwater lift station on San Marco. FDC estimates 50% of these costs are attributable to San Marco improvements. FDC Invoice #: 21291 Date: 03/02/05 Amount: $2,311.50 $2,01 0.00 $1,116.00 21505 03/31/05 21571 05/04/05 $5,437.50 $5,437.00 @ 50% = $2,718.75 *Total FDC costs: $15.619.75 :jmr: K:\San Marco\Letter\FDC Costs For San Marco Improvements.doc FLORIDA DESIGN CONSULTANTS, INC. INVOICE 3030 Starkey Boulevard New Port Richey, FL 34655 Tel:(727) 849-7588 Fax:(727) 848-3648 Bill To: Mr. John Hobach Date: March 2, 2005 JMC Communities, Inc. Project Number: 997-0250 220 I 4th Street North, Suite 200 Invoice Number: 21290 St. Petersburg, FL 33704 Invoice Period: 1/29/2005 to 2/25/2005 Project: Clearwater Beach Resort Task Fee Percent Complete Fee Earned Prior Billing Current 0001 Topographic Data $3,700.00 100.00% $3,700.00 $3,700.00 $0.00 0002 Geotechnical Coordination $950.00 100.00010 $950.00 $950.00 $0.00 0003 Tree Survey $3,300.00 100.00% $3,300.00 $3,300.00 $0.00 0004 Pre-Application Meetings $1,200.00 100.00010 $1,200.00 $1,200.00 $0.00 0005 Project Coordination Meetings $2,400.00 25.00% $600.00 $0.00 $600.00 0006 Preliminary Site Plan $14,300.00 100.00"10 $14,300.00 $14,300.00 $0.00 0007 Preliminary Plat $4,000.00 100.00% $4,000.00 $4,000.00 $0.00 0008 Traffic StudylParking Study Methodology $900.00 100.00010 $900.00 $900.00 $0.00 0009 Traffic Analysis $8,500.00 100.00% $8,500.00 $8,500.00 $0.00 0010 Parking Study $6,800.00 100.00"10 $6,800.00 $6,800.00 $0.00 0011 Coordinate Control Map $4,500.00 100.00% $4,500.00 $4,500.00 $0.00 0012 One-Lot Record Plat $3,000.00 80.00% $2,400.00 $2,400.00 $0.00 0013 Plat Monumentation PRM's $1,400.00 100.00% $1,400.00 $1,400.00 $0.00 0014 Plat Recording Assistance $1,350.00 80.00% $1,080.00 $1,080.00 $0.00 0015 Preliminary Condominium Plat (condo) $20,800.00 0.00% $0.00 $0.00 $0.00 0016 Final Condominium Plat (condo) $19,200.00 0.00% $0.00 $0.00 $0.00 0017 Preliminary Condominium Plat (resort) $9,600.00 0.00010 $0.00 $0.00 $0.00 0018 Final Condominium Plat (resort) $8,000.00 0.00010 $0.00 $0.00 $0.00 0019 Construction Drawings $32,700.00 55.00% $17,985.00 $16,350.00 $1,635.00 0020 Demolition Plan $1,900.00 80.00% $1,520.00 $1,520.00 $0.00 0021 Baymont Street Design $2,800.00 100.00% $2,800.00 $2,240.00 $560.00 0022 Off-site Sanitary Sewer DesignlPermitting $3,475.00 100.00% $3,475.00 $2,780.00 $695.00 0023 Utility Permits $1,850.00 25.00% $462.50 $0.00 $462.50 0024 Environmental Resource Permit $7,900.00 50.00% $3,950.00 $3,950.00 $0.00 0025 National PolIution Discharge Elim. System $1,750.00 0.00"10 $0.00 $0.00 $0.00 0026 Limited Construction Observation $6,400.00 0.00"10 $0.00 $0.00 $0.00 0027 Construction Stakeout- Sitework $20,750.00 0.00% $0.00 $0.00 $0.00 0028 Record Drawings and Final Certifications $6,500.00 0.00% $0.00 $0.00 $0.00 PROJECT TOTALS $199,925.00 $83,822.50 $79,870.00 53,952.50 Reimbursable Expenses (prints, Copies, Mileage, Courier, Etc.): $315.86 Total Invoice Amount: $4,268.36 Edward Mazur, . ',_ ,.1 ~.: ;... ,: , Terms.: Nel JO days/rom ilate o/invoice Page.J . FLORIDA DESIGN CONSlILTANTS, INC. INVOICE. 3030 Starkey Boulevard New Port Richey, FL 34655 Tel:(727) 849-7588 Fax:(727) 848-3648 .Bill To: Mr. John Hobach Date: May 4, 2005 JMC Communities, Inc. Project Number: 997-0250 2201 4th Street North, Suite 200 Invoice Number: 21571 St. Petersburg, FL 33704 Invoice Period: 3/26/2005 to 4/29/2005 Project: Clearwater Beach Resort \ SERVICES PERFORMED: Miscellaneous Assistance (0900) -Prepare and transmit aerial, as requested, by JMC. Description Hours Rate Cost Sr.Project~anager 1.0 $120.00 $120.00 Sr. Planning Technician 3.0 $70.00 $210.00 Total: $330.00 -Boat basin deed review. Coordinate with Bob Greene. Description Director of Survey Survey Project Manager Hours 2.0 4.0 -Utility coordination for vacation of Beach Drive. Verizon Permit and Exhibit Description Sr. Project Manager Engineer Hours 7.5 3.0 -San Marco plans revisions, resubmittal, processing of Building Construction Permit (BCP). Description Sr. Project Manager Engineer Autocad Technician Hours 14.0 18.0 33.0 ,. . . .-: ...., '---';",i' ;;.......:'/....: Terms: Net 30 days from doteo! invoice Rate $100.00 $88.00 Total: Rate $120.00 $72.00 Total: Rate $120.00 $72.00 $64.00 Total: Cost $200.00 $352.00 $552.00 Cost $900.00 $216.00 $1,116.00 Cost $1,680.00 $1,296.00 $2,112.00 $5,088.00 Page I -Coordinate with architect and structural engineer. Replace new architectural footprints on Construction Plans. Description Hours Rate Cost Sr. Project Manager 8.0 $120.00 $960.00 Autocad Technician 30.0 $64.00 $1,920.00 Total: $2,880.00 Total Invoice Amount: $9,966.00 " .' - ~ ,) '. ."., , .' . . . . - " t_: : , ~. ~ " ',' ..' ,.', Terms: Net 30 dQys from date of InllDice Page 2 . FLORIDA DESIGN CONSULTANTS, INC. INVOICE 3030 Starkey Boulevard New Port Richey, FL 34655 Tel:(727) 849-7588 Fax:(727) 848-3648 Bill To: Mr. John Hobach JMC Communities, Inc. 2201 4th Street North, Suite 200 St. Petersburg, FL 33704 Date: Project Number: Invoice Number: Invoice Period: June 29, 2005 997-0250 21827 5/28/2005 to 6/24/2005 Project: San Marco SERVICES PERFORMED: During the month of June, FDC provided services related to San Marco Street Improvements, as follows: Miscellaneous Assistance (0900) -Limited Construction Observation Description Sr. Project Manager (Shop Drawings) Sr. Field Representative Field Representative Hours Rate Cost 0.5 $120.00 $60.00 1.5 $80.00 $120.00 0.5 $64.00 $32.00 Total: $212.00 -Watennain & Stonn Sewer Stakeout Description Survey Project Manager Field Crew - 3 Man Hours 4.0 3.5 Rate $88.00 $113.00 Total: Cost $352.00 $395.50 $747.50 Total Invoice Amount: $959.50 ".; ,....J" .".. Terms: Net JOdaysfro,,! dt>><1-ofinvoice.. POKe 1 ' 3030 Starkey Boulevard New Port Richey, FL 34655 Tel:(727) 849-7588 Fax:(727) 848-3648 FLORIDA DESIGN CONSULTANTS, INC. INVOICE Bill To: Mr. John Hobach JMC Communities, Inc. 220 I 4th Street North, Suite 200 St. Petersburg, FL 33704 Date: Project Number: Invoice Number: Invoice Period: Project: Sandpearl Resort (aka Clearwater Beach Resort) SERV1CESPERFO~ED: Miscellaneous Assistance (0900) September 1,2005 997-0250 22150 7/30/2005 to 8/26/2005 - During the month of August we provided limited construction observation related to the construction of San Marco roadway and utilities: Description Sr. Field Representative Field Representative Hours 4.5 0.5 Rate $80.00 $64.00 Total: During the month of August, at the direction of 10hn Hobach, we provided the following additional services: -FDEP Environmental Resource Permit - possible deletion ofMandalay A venue. Outfall from permit Cost $360.00 $32.00 $392.00 Description Hours Rate Cost Principal - Mazur 3.5 $165.00 $577.50 Sr. Project Manager 4.0 $120.00 $480.00 Engineer 4.0 $72.00 $288.00 Total: $1,345.50 -Revisions to Sitework Construction Plans required by changes to architectural plans, etc. Work continuing in September if additional changes are made by architect. Description Sr. Project Manager Autocad Technician Hoars 12.5 40.0 Rate $120.00 $64.00 Total: Meetings (0901) -Meetings with 10hn Hobach at site (4.5 hours) and at IMC's office (4 hours). Description Sr. Project Manager Hours 8.5 Rate $120.00 Total: Tennr Np.1 .fO limn rw.", ""'p-,.~/",,,,;,..,. Cost $1,500.00 $2,560.00 $4,060.00 Cost $1,020.00 $1,020.00 P........ , Surveys FDEP's CCCL Permitting (0902) -CCCL Permit - Coordinate with Dr. Swamy (FDEP - Tallahassee). Revise civil site plan to add Canin's details and information. Transmit to Torn Gardner. Description Hours Rate Cost Sr. Project Manager 4.5 $120.00 $540.00 Autocad Technician 14.0 $64.00 $896.00 Total: $1,436.00 Total Invoice Amount: $8,253.50 Tprm.C'o 'N", ~() ~ '"'...111'61. "1'",,,.,,_ D_-"" ., FLORIDA DESIGN CONSULTANTS, INC. INVOICE 3030 Starkey Boulevard New Port Richey, FL 34655 Tel:(727) 849-7588 Fax:(727) 848-3648 Bill To: Mr. John Hobach JMC Communities, Inc. 220 14th Street North, Suite 200 S1. Petersburg, FL 33704 Date: Project Number: Invoice Number: Invoice Period: October 5, 2005 997-0250 22358 8/27/2005 to 9/30/2005 Project: Sandpearl Resort (aka Clearwater Beach Resort) SERVICES PERFORMED: Miscellaneous Assistance (0900) - During the month of September we provided limited construction observation related to the construction of San Marco roadway and utilities. Description Sr. Field Representative Field Representative HOllrs I.S 8.0 Rate $80.00 $64.00 Total: Cost $120.00 $512.00 $632.00 -FDEP Environmental Resource Pennit - deletion ofMandalay A venue outfall from pennit and resubmit. Description Hours Rate Cost Principal - Mazur 2.0 $165.00 $330.00 Sr. Project Manager 9.0 $120.00 $1,080.00 Autocad Technician 13.5 $64.00 $864.00 Total: $2,274.00 Total Invoice Amount: $2,906.00 Tp.r"u:" Npl tn "I'n/~ {rn.. ",,__ I'll' ,""".,.. FLORIDA DESIGN CONSULTANTS, INC. INVOICE 3030 Starkey Boulevard New Port Richey, FL 34655 Tel:(727) 849-7588 Fax:(727) 848-3648 Bill To: Mr. John Hobach JMC Communities, Inc. 2201 4th Street North, Suite 200 St. Petersburg, FL 33704 Date: Project Number: Invoice Number: Invoice Period: March 2, 2005 997-0250 21291 1/29/2005 to 2/25/2005 Project: Clearwater Beach Resort SERVICES PERFORMED: Miscellaneous Assistance (0900) -Work related to removal of utilities in vacated Beach Drive R1W. Call utilities, coordinate field meeting, attend field meeting, follow-up. Work continuing in March. Description Hours Rate Cost Principal 4.5 $165.00 $742.50 Senior Project Manager 10.0 $120.00 $1,200.00 Senior Designer 4.5 $82.00 $369.00 Total: $2,311.50 -Prepare exhibit for tie-backs. Attend the Board of Adjustments hearing (cont.). Description Senior Project Manager AutoCadd Technician Hours 4.0 2.5 Rate $120.00 $64.00 Cost $480.00 $160.00 Total: $640.00 -Services related to on-going architectural/structural, etc., plans revisions. Description Hours Rate Cost Senior Project Manager 5.0 $120.00 $600.00 Engineer 4.0 $72.00 $288.00 AutoCadd Technician 13.0 $64.00 $832.00 Project Surveyor 6.0 $74.00 $444.00 Total: $2,164.00 Terms: Net 30. days from dole, of invoice Page J -Survey for FDEP's CCL Permitting. Description Hours Rate Cost 2.0 $145.00 $290.00 7.5 $100.00 $750.00 31.5 $88.00 $2,772.00 23.0 $113.00 $2,599.00 Total: $6,411.00 Survey Principal Director of Survey Survey Project Manager 3-Man Crew Octavio Cabrera, P.E. :to ." !-,f" I'..' -- rU/Jft ~ Total Invoice Amount: $11,526.50 Terms: Net 30 days from daleo/invoice' Page 2. FLORIDA DESIGN CONSULTANTS, INC. INVOICE 3030 Starkey Boulevard New Port Richey, FL .34655 Tel:(727) 849-7588 Fax:(727) 848-3648 Bill To: Mr. John Hobach JMC Communities, Inc. 2201 4th Street North, Suite 200 St. Petersburg, FL 33704 Date: Project Number: Invoice Number: Invoice Period: March 31, 2005 997-0250 21505 2/26/2005 to 3/25/2005 Project: Clearwater Beach Resort SERVICES PERFORMED: Miscellaneous Assistance (0900) - Work related to removal of utilities in vacated Beach Drive R1W. Call utilities, coordinate field meeting, attend field meeting, follow-up. Coordinate with utilities, City of Clearwater. Description Hours Rate Cost Principal 2.0 $165.00 $330.00 Senior Project Manager 11.0 $120.00 $1,320.00 Engineer 5.0 $72.00 $360.00 Total: $2,010.00 - TIFF Research, as requested by Bob Greene. Description Hours Rate Cost Director of Survey 1.0 $100.00 $100.00 Survey Project Manager 6.0 $88.00 $528.00 Project Surveyor 1.5 $74.00 $111.00 Total: $739.00 Total Invoice Amount: $2,749.00 Terms: Net JOdaysfrom date.afinvoice Page J Meeting Date: 8/15/2006 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a perpetual Sidewalk and Utilities Easement over, under and across a portion of Lot 8, Block C, PALM PARK, conveyed by Clearwater Neighborhood Housing Services, Inc. (CNHS) in consideration of receipt of $1.00 and the benefits to be derived therefrom. SUMMARY: CNHS, owner of the subject lot at 1220 Pennsylvania A venue, has an approved site plan to construct a single- family home. Among other matters, site plan approval was conditioned upon CNHS conveying a corner easement sufficient to accommodate a five-foot public sidewalk. The subject Sidewalk and Utilities Easement satisfies that conditional requirement of site plan approval. A copy of the easement documentation is available for review in the Office of Official Records and Legislative Services. Review Approval: 1) Legal 2) Clerk 3) City Manager 4) Clerk 5) City Manager 6) Clerk ~ Ifl\ Meeting Date: 8/15/2006 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the applicant's request to vacate the 5-foot drainage and utility easement located adjacent to the north property lines of Lots 4, 5 and 6, Block "G", Hibiscus Gardens, (a.k.a. 311 South Betty Lane), and approve Ordinance 7659-06 on first reading,(V AC2006-09, Tamara Realty, LLC), SUMMARY: The applicant is seeking vacation of the easement in order to eliminate the encroachment of an existing apartment building. Progress Energy, Knology, Brighthouse Cable and Verizon have no objections to the vacation request. The City of Clearwater has no utilities in the subject easement and no future need for this easement is anticipated. Public Works Administration has no objections to the vacation request. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk Ordinance 7659-06 1 21 22 23 FRANKLIN ST 3 22 21 14 7 9 14 :c: ...,J >- .... .... UJ CXl CI) 11 12 10 13 >- ~ ). ~ ~ ~ 8 1.07 Ac N W.JSt~E ~~'>! S City of Clearwater Public Works Administration / Engineering Vacate the 5-foot utility easement lying along the rear (north) property lines of Lots 4,5 and 6 Block "G",Hibiscus Gardens. Drawn By: S.K. 2878 s - T - R 15-295-15e Date: 06/14/06 Reviewed By: S. D. Scale: 1" = 1 00 ft DWG. NO V Ac 2006-09 Grid # I C c=J 5~D>-1(5~~~ l l PARK ST ~ ~ ~ PARK ~ I J n z LL wC] tn cr PIERCE l) ~ t:J ST ~ ~ '?-V~ <q, <( ~ ~~ ~ '" FRANKLlN~,?", ~ ~<( ~ FRANKlJI'1 ST I ~ ''>-0 C/R <( I- '<Sl ~ DE LEON ('\J- SA (0.'\ PROJECT I I U ~NTA ROSA-c.J SITE SAN JUAN CT I I SR. 60 COURT ST SR. ROGERS1 ST 17 w I I I ~ <( ROGERS ~. :1 I~ (j) I ~I I~ I W cr I I~ z o (j) cr >- ~ ::.:: ~ D~D~D~ ST ST ..-- II) <0 w > <( ri (j) DRUID I ~I JASMINE 1 ~ 1 MAGNOLIA WAY DR N W xtlLE ~~ S w > <( :> w C) z <( cr o >- cr <( ::;::: J ~ z w ~I w > w PINE w > <( cr o w > <( JASMINE h,e ~ ~ w > <( cr o City of Clearwater Public Works Administration / En Vacate the 5-foot utility easement lying along the rear (north) property lines of Lots 4,5 and 6 Block "G", Hibiscus Gardens. Ordinance 7659-06 Drawn By: DWG. NO V Ac 2006-09 Grid # S.K. 2878 Reviewed By: S.D. Scale: N.T.S S - T - R 15-295-15e Date: 06/14/06 ORDINANCE NO. 7659-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE FIVE-FOOT UTILITY EASEMENT LYING ALONG THE NORTH PROPERTY LINES OF LOTS 4, 5, AND 6, BLOCK G, HIBISCUS GARDENS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Tamara Realty, LLC, owner of real property located in the City of Clearwater, has requested that the City vacate the utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: Five-foot utility easement lying along the north property lines of Lots 4, 5, and 6, Block G, Hibiscus Gardens as recorded in Plat Book 14, Pages 55-59, Official Records of Pinellas County, Florida is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7659-06 Meeting Date: 8/15/2006 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the County R-3, Single- Family Residential District to the City Low Medium Density Residential (LMDR) District for 1728 Lucas Drive (Block 6,Lot 8, Virginia Groves Terrace Third Addition Subdivision); and Pass Ordinance 7646-06, 7647-06 & 7648-06 on first reading. (ANX2006-03009) SUMMARY: The subject property is located on the west side of Lucas Drive between SR590 and Terrace Drive approximately 550 feet north of SR590. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is not contiguous to existing City boundaries; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The subject site is approximately 0.193-acres in area and is occupied by a single-family residential dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: . The proposed annexation will not have an adverse impact on public facilities and their level of service. . The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. This annexation has been reviewed by the Pine lIas Planning Council (PPC) County staff in accordance with the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. Please refer to the attached report (ANX2006-03009) for the complete staff analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on July 18,2006 and unanimously recommended approval Review Approval: 1) Legal 2) Clerk 3) City Manager 4) Clerk 5) City Manager 6) Clerk CDB Meeting Date: Case Number: Owner/Applicant: Location: Agenda Item: July 18, 2006 ANX2006-03009 Alphonso & Sandra Frazier 1728 Lucas Drive Fl CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Annexation of 0.193-acres of property to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Low (RL) Category (County) to Residential Low (RL) Category (City); and (c) Rezoning from R-3, Single-Family Residential (R-3) District (County) to Low Medium Density Residential (LMDR) District (City). SITE INFORMATION PROPERTY SIZE: 8,400 square feet or 0.193 acres (70 feet wide by 120 feet deep) PROPERTY USE: Current Use: Proposed Use: Single-family detached dwelling Single-family detached dwelling PLAN CATEGORY: Current Category: Proposed Category: Residential Low (RL) (County) Residential Low (RL) (City) ZONING DISTRICT: Current District: Proposed District: Single-Family Residential R-3, District (County) Low Medium Density Residential (LMDR) District (City) Staff Report - Community Development Board - July 18,2006 - Case ANX2006-03009 Page I SURROUNDING USES: North: Single Family Residential South: Single Family Residential East: Single Family Residential West: Single Family Residential ANALYSIS This annexation involves a 0.193-acre property consisting of one parcel located on the west side of Lucas Drive between SR590 and Terrace Drive approximately 550 feet north of SR590. The property is located within an enclave and is not contiguous to existing City boundaries; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). I. IMPACT ON CITY SERVICES: Recommended Findings of Fact Water and Sewer The applicant receives water service from Pinellas County. Sanitary sewer service will be provided by the City of Clearwater and the City has adequate capacity to serve this property. The closest sanitary sewer line is located in the Lucas Drive right-of-way, directly in front of the property. The applicant has paid both the City's sewer impact and assessment fees. Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police The property is located within Police District III and service will be administered through the district station located at 2851 N. McMullen Booth Road. There are currently 56 patrol officers and seven patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that it will be able to serve this property and the proposed annexation will not adversely affect police service and response time. Fire and Emergency Medical Services (EMS) Fire and emergency medical services will be provided to this property by Station #48 located at 1700 North Belcher Road. The Fire Department will be able to serve this property. The proposed annexation will not adversely affect fire and EMS service and response time. Staff Report - Community Development Board - July 18,2006 - Case ANX2006-03009 Page 2 Recommended Conclusions of Law The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service. II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2] Recommended Findings of Fact The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map designate the site as Residential Low (RL). It is the purpose of the RL category to depict those areas of the County that are now developed, or appropriate to be developed, in a low density residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the low density, non-intensive qualities and natural resource characteristics of such areas. Residential is the primary use in this plan category up to a maximum of five (5) dwelling units per acre. Secondary uses include Residential Equivalent; Institutional; Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and Recreation/Open Space. The proposed annexation is consistent with and promotes the following objective of the City of Clearwater Comprehensive Plan: 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Recommended Conclusions of Law The property proposed for annexation is located within an enclave within the City's urban service area and will be located in the RL category. The proposed annexation is consistent the City's Comprehensive Plan. III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-201.1. & 4-604.F.5.] Recommended Findings of Fact The site is currently zoned R-3, Single Family Residential District in Pinellas County. The applicant proposes to rezone the property to the Low Medium Density Residential (LMDR) District. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are required. The subject site is 70 feet wide and contains 8,400 square feet in lot area. Staff Report - Community Development Board - July 18,2006 - Case ANX2006-03009 Page 3 Recommended Conclusions of Law The subject property exceeds the City's mInImUm LMDR dimensional requirements and IS therefore consistent with the Community Development Code. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN: Recommended Findings of Fact There is no change requested in the Countywide Future Land Use Plan designation for the site, which will remain Residential Low (RL) with a maximum density of 5.0 dwelling units per acre. Recommended Conclusions of Law No change is proposed for the Future Land Use Plan designation of the property proposed for annexation and the use and density of the property is consistent with the current designation. V. CONSISTENCY WITH PINELLAS COUNTY: Recommended Findings of Fact Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has reviewed this annexation and determined that it complies with all applicable ordinance criteria. Pinellas County Ordinance No. 00-63(1)(b) provides for the voluntary annexation of property that is located within and reduces an enclave on the effective date of the ordinance. The subject site is located within an enclave, is noncontiguous to city boundaries and reduces the enclave. Recommended Conclusions of Law The property proposed for annexation is located within an enclave and its annexation will reduce such enclave; therefore, the annexation of this property is consistent with Pinellas County Ordinance No. 00-63. VI. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. SUMMARY AND RECOMMENDATIONS The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance No. 00-63 regarding voluntary annexation. Based on the above analysis, the Planning Department recommends the following actions on the Staff Report - Community Development Board - July 18,2006 - Case ANX2006-03009 Page 4 request: (a) Recommend APPROVAL of the annexation of 0.193-acres to the City of Clearwater; (b) Recommend APPROVAL of the Residential Low (RL) Future Land Use Plan classification; and (c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) zomng district pursuant to the City's Community Development Code. Prepared by Planning Department Staff: Cky Ready, Planner II Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs S:\Planning Department\C D B\Annexations\ANX - 2006\ANX2006-03009 1728 Lucas Drive - Frazier\ANX2006- 03009, St~tfReportdoc Staff Report - Community Development Board - July 18,2006 - Case ANX2006-03009 Page 5 Location Map Owner: Alphonso & Sandra Frazier Case: ANX2006-03009 Site: 1728 Lucas Drive Property Size (Acres ): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0080 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A Aerial Photograph Owner: Alphonso & Sandra Frazier Case: ANX2006-03009 Site: 1728 Lucas Drive Property Size (Acres ): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0080 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A SR 590 1680 Proposed Annexation Map Owner: Alphonso & Sandra Frazier Case: ANX2006-03009 Site: 1728 Lucas Drive Property Size (Acres ): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0080 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A SR 590 1680 Future Land Use Plan Map Owner: Alphonso & Sandra Frazier Case: ANX2006-03009 Site: 1728 Lucas Drive Property Size (Acres ): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0080 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A LMDR SR 590 1680 Zoning Map Owner: Alphonso & Sandra Frazier Case: ANX2006-03009 Site: 1728 Lucas Drive Property Size (Acres ): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0080 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A SR 590 1680 Existing Surrounding Uses Map Owner: Alphonso & Sandra Frazier Case: ANX2006-03009 Site: 1728 Lucas Drive Property Size (Acres ): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0080 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A 1. 1728 Lucas Drive 3. Facing north from 1728 Lucas Drive 2. Facing south from 1728 Lucas Drive 4. Facing east from 1728 Lucas Drive 5. 1728 Lucas Drive ANX2006-03009 1728 Lucas Drive Asphonso & Sandra Frazier ORDINANCE NO. 7646-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 500 FEET NORTH OF S.R. 590 AND 510 FEET SOUTH OF TERRACE DRIVE, CONSISTING OF LOT 8, BLOCK 6, VIRGINIA GROVES TERRACE THIRD ADDITION, WHOSE POST OFFICE ADDRESS IS 1728 LUCAS DRIVE INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 8, Block 6, Virginia Groves Terrace Third Addition, according to the map or plat thereof as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida (ANX2006-03009) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING Ordinance No. 7646-06 PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. 7646-06 ORDINANCE NO. 7647-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 500 FEET NORTH OF S.R. 590 AND 510 FEET SOUTH OF TERRACE DRIVE, CONSISTING OF LOT 8, BLOCK 6, VIRGINIA GROVES TERRACE THIRD ADDITION, WHOSE POST OFFICE ADDRESS IS 1728 LUCAS DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 8, Block 6, Virginia Groves Terrace Third Addition, according to the map or plat thereof as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida (ANX2006-03009) Land Use Cateqory Residential Low Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7646-06. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7647-06 ORDINANCE NO. 7648-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 500 FEET NORTH OF S.R. 590 AND 510 FEET SOUTH OF TERRACE DRIVE, CONSISTING OF LOT 8, BLOCK 6, VIRGINIA GROVES TERRACE THIRD ADDITION, WHOSE POST OFFICE ADDRESS IS 1728 LUCAS DRIVE UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 8, Block 6, Virginia Groves Terrace Third Addition, according to the map or plat thereof as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida (ANX2006-03009) Zoninq District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7646-06. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7648-06 Meeting Date: 8/15/2006 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Petition for Annexation, Future Land Use Plan Amendments from the County Residential Low (RL) and Preservation (P) Categories to the City Residential Low (RL) and Preservation (P) Categories and Zoning Atlas Amendments from the County R-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR) and Preservation (P) Districts for 1532 Stevenson's Drive (Lot 19, Block A, Stevenson's Heights according to the map or plat therof, as recorded in Plat Book 34, Page 13, Public records of Pinellas County, Florida); and Pass Ordinance 7661-06, 7662-06 & 7663-06 on first reading. SUMMARY: This annexation involves a 0.157-acre property consisting of one parcel, located on the west side of Stevenson's Drive, approximately 160 feet north of Carol Drive. The property is contiguous with the existing City boundaries to the south and east; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. It is proposed that the property be assigned Future Land Use Plan designations of Residential Low (RL) and Preservation (P) and zoning categories of Low Medium Density Residential (LMDR) and Preservation (P). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: . The proposed annexation will not have an adverse impact on public facilities and their level of service. . The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. . The subject site is located within an enclave, is contiguous to city boundaries to the south and east and reduces the enclave. This annexation has been reviewed by the Pinellas Planning Council Council(PPC) staff in accordance with the provisions of Pinellas County Ordinance No. 00- 63, Section 7(1-3), and no objections have been raised. Please refer to the attached report (ANX2006-04012) for the complete staff analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on July 18,2006 and unanimously recommended approval. Review Approval: 1) Office of Management and Budget 2) Planning 3) Legal 4) Clerk 5) City Manager 6) Clerk 7) City Manager 8) Clerk CDB Meeting Date: Case Number: Owner/Applicant: Location: Agenda Item: July 18, 2006 ANX2006-040 12 Audrey Sto1zer 1532 Stevenson's Drive F2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Annexation of 0.157-acres of property to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Low (RL) and Preservation (P) Categories (County) to Residential Low (RL) and Preservation (P) Categories (City of Clearwater); and (c) Rezoning from R-3, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) and Preservation (P) Districts (City of Clearwater). SITE INFORMATION PROPERTY SIZE: 6,860 square feet or 0.157 acres (70 feet wide by 98 feet deep) PROPERTY USE: Current Use: Proposed Use: Single-family dwelling Single-family dwelling PLAN CATEGORY: Current Category: Proposed Category: Residential Low (RL) and Preservation (P) (County) Residential Low (RL) and Preservation (P) (City) ZONING DISTRICT: Current District: Proposed District: R-3, Single-Family Residential (County) Low Medium Density Residential (LMDR) & Preservation (P) (City) Staff Report - Community Development Board - July 18,2006 - Case ANX2006-04012 Page 1 SURROUNDING USES: North: Single-family residence South: Single-family residence East: Single-family residence West: Stevenson's Creek ANALYSIS This annexation involves a 0.157-acre property consisting of one parcel, located on the west side of Stevenson's Drive, approximately 160 feet north of Carol Drive. The property is contiguous with the existing City boundaries to the south and east; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. It is proposed that the property be assigned Future Land Use Plan designations of Residential Low (RL) and Preservation (P) and zoning categories of Low Medium Density Residential (LMDR) and Preservation (P). I. IMPACT ON CITY SERVICES: Recommended Findings of Fact Water and Sewer The applicant receives water service from the City of Clearwater. Sanitary sewer service will be provided by the City of Clearwater and the City has adequate capacity to serve this property. The closest sanitary sewer line is located in the Stevenson's Drive right of way. The applicant has not paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interloca1 agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. There are currently 65 patrol officers and nine patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that it will be able to serve this property and the proposed annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to this property by Station #51 located at 1720 Overbrook A venue. The Fire Department will be able to serve this property. The proposed Staff Report - Community Development Board - July 18,2006 - Case ANX2006-04012 Page 2 annexation will not adversely affect fire and EMS service and response time. Recommended Conclusions Of Law The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service. II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2] Recommended Findings of Fact The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map designate the site as Residential Low (RL) and Preservation (P). It is the purpose of the RL category to depict those areas of the County that are now developed, or appropriate to be developed, in a low density residential manner; and to recognize such areas as primarily well- suited for residential uses that are consistent with the low density, non-intensive qualities and natural resource characteristics of such areas. Residential is the primary use in this plan category up to a maximum of five (5) dwelling units per acre. Secondary uses include Residential Equivalent; Institutional; Transportation/Utility; Public Educational Facility; Ancillary Non- Residential and Recreation/Open Space. It is the purpose of the Preservation (P) category to depict those areas of the County that are now characterized, or appropriate to be characterized, as a natural resource feature worthy of preservation; and to recognize the significance of preserving such major environmental features and their ecological functions. Preservation is the primary use in this plan category. The proposed annexation is consistent with and promotes the following objective of the City of Clearwater Comprehensive Plan: 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Recommended Conclusions of Law The property proposed for annexation is contiguous to existing city boundaries and within the City's urban service area and will be located in the RL and P categories. The proposed annexation is consistent the City's Comprehensive Plan. Staff Report - Community Development Board - July 18,2006 - Case ANX2006-04012 Page 3 III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.] Recommended Findings of Fact The site is currently zoned R-3, Single Family Residential District in Pinellas County. The applicant proposes to rezone the property to the Low Medium Density Residential (LMDR) District. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are required. The subject site is 70 feet wide and 6,860 square feet in lot area. Recommended Conclusions of Law The subject property exceeds the City's minimum LMDR dimensional requirements and is therefore consistent with the Community Development Code. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN: Recommended Findings of Fact There is no change requested in the Countywide Future Land Use Plan designations for the site, which will remain Residential Low (RL) with a maximum density of 5 dwelling units per acre and Preservation (P). Recommended Conclusions of Law No change is proposed for the Future Land Use Plan designation of the property proposed for annexation and the use and density of the property is consistent with the current designations. V. CONSISTENCY WITH PINELLAS COUNTY: Recommended Findings of Fact Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has reviewed this annexation and determined it complies with all applicable ordinance criteria. Pinellas County Ordinance No. 00-63(1)(a) requires that a proposed annexation be both contiguous to the existing municipal boundaries and compact. This site is contiguous with the existing City boundaries to the south and east and represents a logical and appropriate extension of the existing boundaries. The compactness standard requires that the annexation not create an enclave or a serpentine pattern of municipal boundaries. Staff Report - Community Development Board - July 18,2006 - Case ANX2006-04012 Page 4 Recommended Conclusions of Law The property proposed for annexation is contiguous to the City boundaries and is compact in its concentration; therefore the annexation of this property is consistent with Pinellas County Ordinance No. 00-63. VI. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. SUMMARY AND RECOMMENDATIONS The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance No. 00-63 regarding voluntary annexation. Based on the above analysis, the Planning Department recommends the following actions on the request: (a) Recommend APPROVAL of the annexation of 0.157-acres to the City of Clearwater; (b) Recommend APPROVAL of the Residential Low (RL) and Preservation (P) Future Land Use Plan classifications; and (c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) and Preservation (P) zoning classifications pursuant to the City's Community Development Code. Prepared by Planning Department Staff: Cky Ready, Planner II Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs S:\Planning Department\C D B\Annexations\ANX - 2006\ANX2006-04012 1532 Stevenson's Drive - Stolzer\ANX2005-04012 Staff-Report. doc Staff Report - Community Development Board - July 18,2006 - Case ANX2006-04012 Page 5 ST ST D PROJECT :5 SITE ~ RUSSELL ST ST ST I=II.I~UAII.I CT W WD ~ ~ Otis C Green PALM BLUFF ST [J W r- --I ~ 0 :r: CEDAR Location Map Owner George Stolzer Site: 1532 Stevenson IS / Stevensons Drive Property Size (Acres ): Land Use Zoning From: RL & P (County) R-3 (County) To: RL & P (City) LMDR & P (City) SANDY LA ....... I~I t.::.:.W :if.... ","; MARY L RD I I I TERRACE RD I I I c-, I I FAI ST I Is ST :r: I 1* ST 1 1 OVERLEA I ADMIRAL WOOD I ~ N ~ ST S Case: ANX2006-04012 0.157 PIN: 10-29-15-85446-001-0190 Atlas Page: 2698 Aerial Photograph Owner George Stolzer Case: ANX2006-04012 Site: 1532 Stevenson IS / Stevensons Drive Property Size (Acres ): 0.157 Land Use Zoning PIN: 10-29-15-85446-001-0190 From: RL & P (County) R-3 (County) To: RL & P (City) LMDR & P (City) Atlas Page: 2698 15 8 20.9 ~ .. RUSSELL ST :c: .... :>. .... .... LIJ lXl ;-:.~::.:: .. .... 1501 10 11 12 ... CO ~ ~ SPRINGDALE ST 1427 "'.... ",.. ~ 1423 "'''' ",.. ~~ ~~ ~ 14~1 1419 1417 10 11 12 1413 CO ~ ~ 1411 ~ 1409 ~ ~ Proposed Annexation Map Owner George Stolzer Case: ANX2006-04012 Site: 1532 Stevenson IS / Stevensons Drive Property Size 0.157 (Acres ): Land Use Zoning PIN: 10-29-15-85446-001-0190 From: RL & P (County) R-3 (County) To: RL & P (City) LMDR & P (City) Atlas Page: 2698 15 CG ,,'" ",'" ~ TIU 8 20.9 o ~ C 1427 "," ()) C") 1423 r:?r:? ~ 1;; 1;; RIDS 27 9 1421 1419 '. 1417 ... ... 10 11 12 1413CG 0 1411 C\J 1409 ~ 3 3 I Future Land Use Map Owner George Stolzer Case: ANX2006-04012 Site: 1532 Stevenson IS / Stevensons Drive Property Size (Acres ): 0.157 Land Use Zoning PIN: 10-29-15-85446-001-0190 From: RL & P (County) R-3 (County) To: RL & P (City) LMDR & P (City) Atlas Page: 2698 1501 10 11 '" 0 ~ SPRI 1427 <n" 1423 ~~ 1411 1419 1417 10 11 1413 '" 1411 0 ~ .. .. . 1409 4.2 14 15 c . . . . . .. . . . .... .. . ...... . ..... .j'.... ..... ........ . ..... ........... ..... ......... 9 ~ ~ 8 :::.::'.::7:::::.: ;Q:::::!i':;::':: :~:t:.\..:::::: ~"::4.::!:t::;: ::::{.:t:::.,.~. :'.:;i('::'::!~ ;:':(l:::~:::::~\~:::.' . , .. . .. . .. . :::.":':':'::i;':.::.':' 'i:' i:'::':':::'::.:.':':' :,::;:;,,:,,::,':"i::i:.:::.:.:Cl:.Aj8.lff.iB~(':' :.:.t::;..::/. i'('i:'::':'i:::'.::;::':':':'::;:;":"::' 15 14 8 20.9 A C Ie) I OS/R Map Name Owner George Stolzer ANX2006-04012 Case: Property Size (Acres) : Site: 1532 Stevenson IS / Stevensons Drive 0.157 Land Use Zoning PIN: 10-29-15-85446-001-0190 From: RL (County) R-3 (County) To: RL (City) 2698 LMDR (City) Atlas Page: 10 11 '" g 1619 ~ 1615 3::'/::" 9 1613 .'.'.\3'-:.' '. .... . 1601 10 11 '" ~ .).'8,:.: . ... 15 "- ~~ ~ 8 20.9 City of Clearwater Sanitation Facility :c: .... :>. .... .... LIJ lXl SPRINGDALE ST 1427 "'.... ",.. ~ 1423 ~~ ",.. ~~ ~ 14~1 1419 1417 10 11 12 1413 ~ '" '" 1411 .. .. ~ "'''' 1409 .. .. '" ~ .. RUSSELL ST Existing Land Uses Map Owner George Stolzer Case: ANX2006-04012 Site: 1532 Stevenson IS / Stevensons Drive Property Size (Acres ): 0.157 Land Use Zoning PIN: 10-29-15-85446-001-0190 From: RL & P (County) R-3 (County) To: RL & P (City) LMDR & P (City) Atlas Page: 2698 1. 1532 Stevenson's Drive 3. Facing east from 1532 Stevenson's Drive 2. Facing north from 1532 Stevenson's Drive 4. Facing south from 1532 Stevenson's Drive 5. 1532 Stevenson's Drive ANX2006-04012 1532 Stevenson's Drive George Stolzer ORDINANCE NO. 7661-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 150 FEET NORTH OF CAROL DRIVE AND 25 FEET SOUTH OF STOCKTON DRIVE, CONSISTING OF LOT 19, BLOCK A, STEVENSON'S HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1532 STEVENSON'S/STEVENSONS DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 19, Block A, Stevenson's Heights Subdivision, according to the Plat thereof, recorded in Plat Book 34, Page 13, Public Records of Pinellas County, Florida (ANX2006-04012) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7661-06 ORDINANCE NO. 7662-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY APPROXIMATELY 150 FEET NORTH OF CAROL DRIVE AND 25 FEET SOUTH OF STOCKTON DRIVE, CONSISTING OF LOT 19, BLOCK A, STEVENSON'S HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1532 STEVENSON'S/STEVENSONS DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW AND PRESERVATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 19, Block A, Stevenson's Heights Subdivision, according to the Plat thereof, recorded in Plat Book 34, Page 13, Public Records of Pinellas County, Florida (ANX2006-04012) Land Use Cateqory Residential Low Preservation Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7661-06. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7662-06 ORDINANCE NO. 7663-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 150 FEET NORTH OF CAROL DRIVE AND 25 FEET SOUTH OF STOCKTON DRIVE, CONSISTING OF LOT 19, BLOCK A, STEVENSON'S HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1532 STEVENSON'S/STEVENSONS DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 19, Block A, Stevenson's Heights Subdivision, according to the Plat thereof, recorded in Plat Book 34, Page 13, Public Records of Pinellas County, Florida (ANX2006-04012) Zoninq District Low Medium Density Residential (LMDR) Preservation (P) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7661-06. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7663-06 Meeting Date: 8/15/2006 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Suburban (RS) and Preservation (P) Categories to the City Residential Suburban (RS) and Preservation (P) Categories and Zoning Atlas Amendment from the County R-R, Residential Rural District to the City Low Density Residential (LDR) and Preservation (P) Districts for 2750 Third Avenue (LOTS 1-14, BLOCK 45; LOTS 4-11, BLOCK 46; LOTS 3-9, BLOCK 49; PORTIONS OF THIRD A VENUE NORTH, FOURTH A VENUE NORTH AND LAKE SHORE DRIVE RIGHT-OF-W A YS, ALL BEING PART OF THE PLAT OF UNIT NO.1 - SEC. A CHAUTAUQUA ON THE LAKE, RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA TOGETHER WITH A PORTION OF THE SOUTHEAST JA OF THE NORTHWEST JA OF SAID SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST); and Pass Ordinance 7664-06, 7665-06 & 7666-06 on first reading. SUMMARY: This annexation involves 9.89-acres of property consisting of seven parcels, located 1600 feet east of US 19, north of 2nd Avenue North and south of 5th Avenue North along Lake Chautauqua. The property is contiguous with the existing City boundaries to the north; therefore, the proposed annexation is consistent with Pinellas County Ordinance #00-63 with regard to voluntary annexation. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Suburban (RS) and Preservation (P) and a zoning category of Low Density Residential (LDR) and Preservation (P). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: . The proposed annexation will not have an adverse impact on public facilities and their level of service. . The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. . The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the city boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in accordance with the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. Please refer to the attached report (ANX2006-04014) for the complete staff analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on July 18,2006 and unanimously recommended approval. Review Approval: 1) Legal 2) Clerk 3) City Manager 4) Clerk 5) City Manager 6) Clerk CDB Meeting Date: Case Number: Owner/Applicant: Location: Agenda Item: July 18, 2006 ANX2006-040 14 Peter & Eileen Krauser, Mark Maconi Homes 2750 Third Avenue North F3 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Annexation of 9.89-acres of property to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Suburban (RS) and Preservation (P) Categories (County) to Residential Suburban (RS) and Preservation Categories (City of Clearwater); and (c) Rezoning from R-R, Residential Rural District (County) to Low Density Residential (LDR) and Preservation (P) Districts (City of Clearwater). SITE INFORMATION PROPERTY SIZE: 430,808 square feet or 9.89 acres (775 feet wide by 670 feet deep mol) PROPERTY USE: Current Use: Proposed Use: One Single-family dwelling and vacant acreage Eight (8) Single-family dwellings PLAN CATEGORY: Current Category: Proposed Category: Residential Suburban (RS) and Preservation (P) (County) Residential Suburban (RS) and Preservation (P) (City) ZONING DISTRICT: Current District: Proposed District: R-R, Residential Rural (County) Low Density Residential (LDR) and Preservation (P) (City) Staff Report - Community Development Board - July 18,2006 - Case ANX2006-04014 Page 1 SURROUNDING USES: North: Multi-family residences South: Single-family residences East: Preservation (Lake Chautauqua) West: Single-family residences ANALYSIS This annexation involves a 9.89-acres of property consisting of seven parcels, located 1600 feet east of US 19, north of 2nd Avenue North and south of 5th Avenue North along Lake Chautauqua. The property is contiguous with the existing City boundaries to the north; therefore, the proposed annexation is consistent with Pinellas County Ordinance #00-63 with regard to voluntary annexation. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Suburban (RS) and Preservation (P) and a zoning category of Low Density Residential (LDR) and Preservation (P). I. IMPACT ON CITY SERVICES: Recommended Findings of Fact Water and Sewer The applicant receives water service from the City of Clearwater; the property is currently on septic. Sanitary sewer is not currently available in this area. The applicant is aware of the cost to rnn sanitary sewer service to this area. Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interloca1 agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. There are currently 56 patrol officers and seven patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that it will be able to serve this property and the proposed annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to this property by Station #49 located at 565 Sky Harbor Drive. The Fire Department will be able to serve this property. The proposed annexation will not adversely affect fire and EMS service and response time. Staff Report - Community Development Board - July 18,2006 - Case ANX2006-04014 Page 2 Recommended Conclusions Of Law The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service. II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2] Recommended Findings of Fact The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map designate the site as Residential Suburban (RS) and Preservation (P). It is the purpose of the Residential Suburban category to depict those areas of the County that are now developed, or appropriate to be developed, in a suburban, low-density residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the suburban, non- intensive qualities and natural resource characteristics of such areas. Residential is the primary use in this plan category up to a maximum of two and one-half (2.5) dwelling units per acre. Secondary uses include Residential Equivalent; Institutional; Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and Recreation/Open Space. It is the purpose of the Preservation category to depict those areas of the County that are now characterized, or appropriate to be characterized, as a natural resource feature worthy of preservation; and to recognize the significance of preserving such major environmental features and their ecological functions. The primary uses in this plan category include Open and undeveloped areas consistent with the following natural resource features and considerations: Tidal Wetlands including Saltwater Marsh, Saltwater Swamp, Estuary; Non-Tidal Wetlands including Freshwater Swamps, Freshwater Marsh, Lacustrine River and Stream; Undeveloped Barrier Islands and Spoil Islands; 25-year Floodplains; Natural Drainageways; Land Seaward of a seawall or revetment; Beach Areas; Dune Systems; Habitat for endangered or threatened species as designated on applicable local government comprehensive plans; and such additional areas determined to have environmental significance and recognized in the applicable local government comprehensive plan. The proposed annexation is consistent with and promotes the following objective of the City of Clearwater Comprehensive Plan: 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Recommended Conclusions of Law The property proposed for annexation is contiguous to existing city boundaries and within the City's urban service area and will be located in the RS and P category. The proposed annexation is consistent the City's Comprehensive Plan. Staff Report - Community Development Board - July 18,2006 - Case ANX2006-04014 Page 3 III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.] Recommended Findings of Fact The site is currently zoned R-R, Residential Rural District in Pinellas County. The applicant proposes to rezone the property to the Low Density Residential (LDR) and Preservation (P) Districts. Under the current LDR zoning district provisions, a minimum lot width of 100 feet and a minimum lot area of 20,000 square feet are required. The subject site is 775 feet wide and 430,808 square feet in area. Recommended Conclusions of Law The subject property exceeds the City's mInImUm LDR dimensional requirements and IS therefore consistent with the Community Development Code. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN: Recommended Findings of Fact There is no change requested in the Countywide Future Land Use Plan designation for the site, which will remain Residential Suburban (RS) and Preservation (P) with a maximum density of 2.5 dwelling units per acre. Recommended Conclusions of Law No change is proposed for the Future Land Use Plan designation of the property proposed for annexation and the use and density of the property is consistent with the current designation. V. CONSISTENCY WITH PINELLAS COUNTY: Recommended Findings of Fact Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has reviewed this annexation and determined it complies with all applicable ordinance criteria. Pinellas County Ordinance No. 00-63(1)(a) requires that a proposed annexation be both contiguous to the existing municipal boundaries and compact. This site is contiguous with the existing City boundaries to the north and represents a logical and appropriate extension of the existing boundaries. The compactness standard requires that the annexation not create an enclave or a serpentine pattern of municipal boundaries. Staff Report - Community Development Board - July 18,2006 - Case ANX2006-04014 Page 4 Recommended Conclusions of Law The property proposed for annexation is contiguous to the City boundaries and is compact in its concentration; therefore the annexation of this property is consistent with Pinellas County Ordinance No. 00-63. VI. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. SUMMARY AND RECOMMENDATIONS The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance No. 00-63 regarding voluntary annexation. Based on the above analysis, the Planning Department recommends the following actions on the request: (a) Recommend APPROVAL of the annexation of 9.89-acres to the City of Clearwater; (b) Recommend APPROVAL of the Residential Suburban (RS) and Preservation (P) Future Land Use Plan classifications; and (c) Recommend APPROVAL of the Low Density Residential (LDR) and Preservation (P) zoning classifications pursuant to the City's Community Development Code. Prepared by Planning Department Staff: Cky Ready, Planner II Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs S:\Planning Department\C D B\Annexations\ANX - 2006\ANX2006-04014 2750 Third Avenue - Chautauqua on the Lake\ANX2006-04014 Staff_Report.doc Staff Report - Community Development Board - July 18,2006 - Case ANX2006-04014 Page 5 c;, c:J o ~'::.::::'::.:: ,:: r.:~./.~.;; ;:.\~.~. ~:.; ~.".. . ..... '. '. '. 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" '.~, '~~.: '~:;' ;w,:.;;,:,.~: !~j:i,:";.l,.!: !.'.,!::,!.,.';:'~,.,:!::;!'.".i,.",.i1,.:1~]::';.':;'!j'....'.:.,),;1,.!,:..;!;':!!,'...1;,.:'t::':'..;:!.'..::;....;!:i.:..!',!,.';;.j ~ .~ ~ _ ~ · ~ ~~ ":" " F J:.;i'!'::.::.;j':;!,;::..:!.J,,,t'i!i!' 1 2-27 7 20274i I ~ 2111 OS/R " '" l!) 0; MDR 21 20 19 18 17 16 tf~ ~dJ 6 7 L Dj~ FOURTH AVE. N. Zoning Map Owner Peter & Eileen Krauser, Mark Maconi Homes Case ANX2006-04014 Site 2750 Third Avenue North Property Size 9.89 (Acres ): Land Use Zoning 32-28-16-14922-049-0030 32-28-16-00000-240-0110 32-28-16-14922-046-0080 PIN 32-28-16-14922-046-0040 From RS & P (County) R-R (County) 32-28-16-14922-045-0010 32-28-16-00000-240-0140 To RS & P(City) LDR & P (City) 32-28-16-00000-240-0150 Atlas Page 233A RIDS RS ~:'i': ......... ~...'. ..... . 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". . .. ..... .... .... . .. ... .. .. . .. .... ... ... . ...... . . ... . . . ... . ... .. .. ........ .... . . .... ... ... ..... ....... .. ...... .. . .. .. . . . .. .", .~..... ...... .",. ....... .. . . . . ..... . ... .... ... .. . ... .. . .. .... . ... . .. . .... . .. .... ... . . . . .... .... . .. .. . . . . .. . .. . . .. . ...... .. ...... .. ..... .. . ... ...... . ... ... ... . ... ... .. .. . . . ... .. . .. ... .. . . . . . . .... .. . .. . ... . .. . .. . . .. . . .. .... ..... .... ..... . ...- . . - .... . .. ... .. ..... . ....... ... ...... . . .. . . .... . . .... . . ... . .... ..... . .... . . ... . . ... .. ... .. ... ... .. . .. ... .... . .. ... ... . . . ......... .. .... ..... .. . .."...... . ... . ... . ..... . ............ . ....... . . . . . . .. . ..... ... . ..... ... ....... .. ... ... .. ... ..... ...... ..... . . . . . . . ... . . . . . . . . .. .. .. . .. .. ... .. .... ....... .. .... ... .... ...... .... ...... .. ..... .... ..... ... . .. ... .. .. ... . .. .... ... .... . ...... . . ... . . . ... . . . ... .. .. ......... .... . . .... ... ... ...... ....... .. ....... .. . .. .. .... . . .. . .. ... .............. .............. .. . . . . ..... . ... ..... . ... .. . ... .. . .. ... .. . ... . .. . .... . .. .... ... . . . .. ...:..:.:::::.-.--:.:.-::::::...:::::::-. RS ..::.. .....-.:.... ...," .... t::.:..:.:\':,;,',:.:'.:.:::';';;:'/,:,,:,:::,:,.:,:/: ... . . ...... ..... ...::::.::t:. '.:. : .':.':: .:::':'. :'.' :;-::'::,:::':::'iii:.~::':.:::i :::':':-::'~: ::i:.\:i:.'::':'::::::~~6:i~\ ::::.:.:....:.:.:.:.:::/: ,,::::!o;~: :....:.:.:.:.:::::..:.:'::::::.:.:: 2678 ::':':::-':..',':;:':.::': .:::-:.:.Q' ,::,:::,':;:",::"",:,-':;,:':.:i: ~ ~ I~i:::{(;~:!i':;::::::i .:.'::(~ ;r:::;~::!i.::;::::\'}i:::::('~:::':; . . .... .:..' ..: ',:::-.(1):" .:.' :... ........... THIRo-.A.:: .Y;-:l'l/:'::;'::.:'.:.:':';':::'.::':','",::,:,.:,:;:::':::":,:',:,:':';-:::',:':"""::':'.:':/: .:: :...::::~::: .:: ::....:..::::.:.:.:: :...::::~:::.:: ::....:..::::.:.:.:: :...:::.~:::.:: ::. ..:. . ... ... ... . ... ... ... .'. .......p.... .......... . . . . . .... ... . ... . .. . .. . . . . . .. .... ..... ... ..... . . . . .. . . . . . .. . ... .... . . . .... . . .... . . ...... . . ....... .. . . . ...::........:.:.:.:...:: .-:..::-:.....:.:.:.:...::...:.: ......... .. .... ... .. ... .... ... . ..... . ....... .... .. . ........ .. . FOURTH AVE. N. 2670 .. .. ... ... . .... ..... ...... ..... . . ... . . . . ... . . . . . . . . .... . .. .... ....... .. .... ... .. .... ... . . ..... ..... ..... . ...,. ..... ..... .... ... ...... ..... ... ...... ..... ... . ...... . . . :..... .......... ....:.... ...............:.. ... ... ...... . ....... .. ....... .. . .... ... ... . . ... ... ... . . . .... . ... . .... ~ .-... . .. . . . . . . ..... . .. . ..... . . . ... .. . .. ... .. .. ... . ... ... .... ... .......... . . . . . . . . . . . . .. . . . .. . . .. . .. . . .. . .. .. ...... .. ..... .. . ... p ~ ... . ... ... ... . ... ... ... . .. . . .. . . . .... . ........ ....... . . . . .. . .... .. . .. . ... . .. . .. . . .. . . .. ... ..... .... ..... . ...- . . - .... . .. . .. .. .... . RS ... ....... ... ...... . .. .. . . . . .... . . .... . .... .... . .... ..... . .... . . . ... . . ... . ... ... .. ... ... .. . ... . .. ... .... . .. ... ... . . . .. .. ......... .. .... ..... .. . . . . .. .. . . . . ............ . ....... .... . ....... .. ... . ..... ... . ..... ... .. ....... .. ... ... ... ... ... ..... ..... ...... ..... . .... . .. .... . .. .. . .. .. .. . .. ... . .. .. . .......... . ..... ........... ..... ....... . ... .... ... .... . ...... . . . . ... . . . ... . . . ... .. .. ......... . ..... . ..... . .... ... ... ...... .. '. ....... ". ." . .... ...... ." . . . . . . . .. . ... .. .. .. ...... .. ... . ... .. .... ~ ..... . .. . . . . . . ..... . .. . ..... . . . . ... .. . .. ... .. . ... ... .... ... .......... . . ... . .. . .. . . . . . . . .. . . . .. .. . . . .. .. . . . .. . . .. . .. . . .. . .. .... ..... ...... . ........ ....... ......... ...... .. . ... ...... "- ~ :......:;:: 2350 . . ... ... ... . ... . . ... . ..... ....... ... . ........ ........ . ..... . . . ........ .. ....... . .. ....... . ..... .... ..... .... ..... ... .. .... . . . .. ..... ... . . . .... . ... ...... . .... . . . .. . . ... . . . . ... .. ...... . ... ... .. ... ... . ... . ... ... ... . ... ... ... .... . ........ ....... . . .. ....... . .. ........ . ... ..... .... ..... . .. . . . . . . .. .. .... . 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Future Land Use Map Owner Peter & Eileen Krauser, Mark Maconi Homes Case: ANX2006-04014 Site: 2750 Third Avenue North Property Size (Acres ): 9.89 PIN: 32-28-16-14922-049-0030 32-28-16-00000-240-0110 32-28-16-14922-046-0080 32-28-16-14922-046-0040 32-28-16-14922-045-0010 32-28-16-00000-240-0140 32-28-16-00000-240-0150 233A Land Use Zoning From: RS & P (County) R-R (County) To: RS & P(City) LDR & P (City) Atlas Page: ORDINANCE NO. 7664-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED 1600 FEET EAST OF U.S. HWY. 19, NORTH OF SECOND AVENUE NORTH AND SOUTH OF FIFTH AVENUE NORTH, CONSISTING OF LOTS 1-14, BLOCK 45; LOTS 4-11, BLOCK 46; LOTS 3-9, BLOCK 49; PORTIONS OF THIRD AVENUE NORTH, FOURTH AVENUE NORTH AND LAKE SHORE DRIVE RIGHT-OF-WAYS, TOGETHER WITH A PORTION OF METES AND BOUNDS 24/011, 24/012, 24/013, 24/014, AND 24/015, WHOSE POST OFFICE ADDRESS IS 2750 THIRD AVENUE NORTH, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached legal description (ANX2006-04014) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 7664-06 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. 7664-06 ORDINANCE NO. 7665-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED 1600 FEET EAST OF U.S. HWY. 19, NORTH OF SECOND AVENUE NORTH AND SOUTH OF FIFTH AVENUE NORTH, CONSISTING OF LOTS 1-14, BLOCK 45; LOTS 4-11, BLOCK 46; LOTS 3-9, BLOCK 49; PORTIONS OF THIRD AVENUE NORTH, FOURTH AVENUE NORTH AND LAKE SHORE DRIVE RIGHT-OF-WAYS, TOGETHER WITH A PORTION OF METES AND BOUNDS 24/011, 24/012, 24/013, 24/014, AND 24/015, WHOSE POST OFFICE ADDRESS IS 2750 THIRD AVENUE NORTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN AND PRESERVATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property See attached legal description (ANX2006-04014) Land Use Cateqory Residential Suburban and Preservation Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7664-06. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7665-06 ORDINANCE NO. 7666-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED 1600 FEET EAST OF U.S. HWY. 19, NORTH OF SECOND AVENUE NORTH AND SOUTH OF FIFTH AVENUE NORTH, CONSISTING OF LOTS 1-14, BLOCK 45; LOTS 4-11, BLOCK 46; LOTS 3-9, BLOCK 49; PORTIONS OF THIRD AVENUE NORTH, FOURTH AVENUE NORTH AND LAKE SHORE DRIVE RIGHT-OF-WAYS, TOGETHER WITH A PORTION OF METES AND BOUNDS 24/011, 24/012, 24/013, 24/014, AND 24/015, WHOSE POST OFFICE ADDRESS IS 2750 THIRD AVENUE NORTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property See attached legal description (ANX2006-04014) Zoninq District Low Density Residential (LDR) Preservation (P) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7664-06. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7666-06 Meeting Date: 8/15/2006 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7672-06 on second reading, submitting to the city electors a proposed amendment to the City Charter amending Section 2.01(d)(6), to permit construction, operation, and maintenance of city-owned boat slips, docks, moorings, promenade and boardwalk, together with restrooms and dockmaster offices and associated surface parking on certain city-owned property on the downtown waterfront. SUMMARY: Review Approval: 1) Clerk ORDINANCE NO. 7672-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, SUBMITTING TO THE CITY ELECTORS A PROPOSED AMENDMENT TO THE CITY CHARTER AMENDING SECTION 2.01 (d)(6), TO PERMIT CONSTRUCTION OPERATION, AND MAINTENANCE OF CITY OWNED BOAT SLIPS, DOCKS, MOORINGS, PROMENADE AND BOARDWALK, TOGETHER WITH RESTROOMS AND DOCKMASTER OFFICES AND ASSOCIATED SURFACE PARKING, ON CERTAIN CITY OWNED PROPERTY ON THE DOWNTOWN WATERFRONT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has experienced a loss of wetslips and high and dry boat storage due to private redevelopment; and WHEREAS, the Pinellas County Boating Access Task Force documented a loss of 341 wetslips and 960 drystack racks in Pinellas County from 1996 to 2005; and WHEREAS, the City of Clearwater Marina waiting list has been capped and demand for boat slips continues to grow; and WHEREAS, the Downtown Plan contemplates and encourages boat slips, docks and promenades on the waterfront, and provision for such facilities is consistent with said Plan as well as the City of Clearwater's Comprehensive Plan; and Whereas, during the City Council visioning process which included eight hearings in various areas of the City, many citizens reinforced the vision of Clearwater as a waterfront community and expressed a desire to have boat slips on the downtown waterfront; now therefore BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby proposed that Section 2.01 (d) of the City Charter be amended as follows: Section 2.01. Commission; composition; powers. ***** (d) Limitations. The legislative power provided herein shall have the following Ordinance No. 7672-06 limitations: ***** (6) No municipal or other public real property lying west of Osceola Avenue, east of Clearwater Harbor between Drew and Chestnut Streets, being further described in Appendix A and no municipal or other public real property constituting the Memorial Causeway or lands immediately contiguous thereto, more particularly described as: That portion of Memorial Causeway (SR. 60) a 1200-foot-wide right-of-way, lying between the east abutment of the west bridge and the east line of Clearwater Harbor, and the submerged portions of Board of Trustees of the Internal Improvement Trust Fund Deed Numbers 17,500 and 17,502, shall be developed or maintained other than as open space and public utilities together with associated appurtenances, except upon a finding by the council at a duly advertised public hearing that such development is necessary in the interest of the public health, safety and welfare of the citizens of the city and approval of such finding at referendum, conducted subsequent to the public hearing. City-owned tennis courts and associated appurtenances may be constructed and maintained on such property south of Cleveland Street. Notwithstandinq any provision of this section to the contrary, City owned public docks, boardwalks, promenade, moorinqs and not more than 140 dedicated boat slips for recreational non-commercial vessels, toqether with public restrooms and dock master offices which shall not exceed 1200 square feet and associated surface parkinq, may be constructed, operated and maintained in and on that portion of Clearwater Harbor and abuttinq uplands qenerally located south of Drew Street. north of Smith's Finqer, east of the Intracoastal Waterway Channel and west of the Bluff as more particularly described in Appendix B. Potable water, shore power and sewaqe pump out may be provided to the slips, docks and moorinqs. The dockmaster's office may include coin-operated washers and dryers and sale of ice. The parkinq for the facility shall be existinq surface parkinq which shall be brouqht up to code and shall not result in any net loss of qreen space. City may permit ferries, water taxis, excursion boats and similar uses to access the docks for drop off and pick up of passenqers only. The promenade shall be constructed on a portion of the footprint of the prior bridqe. City Council shall adopt by resolution requlations that provide city residents first priority for the dedicated boat slips and which insure public access to the docks, boardwalks and promenade. No boat launchinq ramps, fuelinq facilities, ticket booths or parkinq qaraqe shall be permitted. Section 2. A referendum election is hereby called and will be held on November 7, 2006, at the special city election for the consideration of the voters Ordinance No. 7672-06 of the City of Clearwater of the proposed charter amendments. The question to appear on the referendum ballot reflecting the proposed amendment to the charter at the special municipal election scheduled for November 7, 2006, shall be as follows: CITY-OWNED PUBLIC WATERFRONT FACILITIES DOWNTOWN Shall Clearwater Charter Section 2.01 (d)(6) be amended as provided in Ordinance 7672-06 to allow city-owned publicly accessible docks, moorings, promenade and boardwalks; not more than 140 dedicated boat slips for which Clearwater residents shall have first priority; public restrooms and dockmaster's office not to exceed 1200 square feet; and bring existing surface parking up to city code; on the property generally bounded by Drew Street, Pierce Street, the intercoastal Waterway Channel and the Bluff? YES NO For amendment to City Charter Against amendment to City Charter Section 3. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered at the election to be held on November 7,2006. Section 4. This ordinance shall take effect immediately upon adoption. The amendments to the City Charter provided for herein shall take effect only upon approval of a majority of the City electors voting at the referendum election on these issues and upon the filing of the Amended Charter with the Secretary of State. PASSED ON FIRST READING AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard, Mayor Approved as to form: Attest: Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk Ordinance No. 7672-06 Meeting Date: 8/15/2006 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7676-06 on second reading, changing the date of the Clearwater Employees Pension Plan special election to March 13, 2007. SUMMARY: Review Approval: 1) Clerk ORDINANCE NO. 7676-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE 7466-05 AND REPEALING ORDINANCE 7584-06 TO CHANGE THE DATE OF THE CITY OF CLEARWATER EMPLOYEES PENSION PLAN SPECIAL ELECTION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has established the City of Clearwater Employees Pension Plan; and WHEREAS, the City has authority to amend the plan as permitted by law; and WHEREAS, in Ordinance NO.7 466-05, the City amended the City of Clearwater Employee Pension Plan, S2.399 to provide for expanded investment authority for diversification of plan assets and established a referendum date; and WHEREAS, on February 16, 2006, the City Council adopted Ordinance 7584-06, changing the referendum date to November 14, 2006; and WHEREAS, the City has determined that it is in the best interest of the participants and taxpayers to change the date of the referendum called for by Ordinance 7466-05 as rescheduled by Ordinance 7584-06; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA Section 1. That Section 4 of Ordinance 7466-05 calling a special election for the purpose of voting on changes to the investment provisions in the Employees Pension Plan is hereby amended to place the ballot question on the March 13, 2006 City election. Section 2. That Ordinance 7584-06 is hereby repealed. Section 3. If any clause, section or other part or application of this Ordinance shall be held in any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and shall not effect the validity of the remaining portions or applications which shall remain in full force and effect. Ordinance No. 7676-06 Section 4. All ordinances or parts of ordinances, resolutions or parts of resolutions in conflict herewith are herby repealed to the extent of such conflicts. Section 5. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. 7676-06 Meeting Date: 8/15/2006 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Resolution 06-34 regarding final lien releases for Sand Key special assessment payoffs received from April 1, 2004 through July 31, 2006. SUMMARY: The City Council of the City of Clearwater has heretofore established the City of Clearwater Special Assessment District No. 95-01 (the "District")and levied such special assessments (the "Assessments")by Resolution No. 95-70 dated September 7, 1995, and recorded in the Public Records of Pinellas County, in Official Record Book 9193, Pages 1717 through 1767. The City of Clearwater has collected payment for those assessments more particularly described in Exhibit A to this resolution, and desires to satisfy and release said assessment described in Exhibit A. All assessments for Special Assessment District No. 95-01 have been collected in full with Exhibit A reflecting the final release of assessments. The City Council of the City of Clearwater directs the City Clerk to provide copies of this resolution to the property appraiser, tax collector, and the Florida Department of Revenue. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk RESOLUTION NO. 06-34 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THOSE NON-AD VALOREM ASSESSMENTS ESTABLISHED BY RESOLUTION NO. 95- 70 AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO AS SATISFIED AND RELEASED; PROVIDING FOR A COPY OF THIS RESOLUTION TO BE FORWARDED TO THE PROPERTY APPRAISER, TAX COLLECTOR, AND THE FLORIDA DEPARTMENT OF REVENUE IN ACCORDANCE WITH SECTION 197.3632(3)(a), FLORIDA STATUTES; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Clearwater has heretofore established the City of Clearwater Special Assessment District No. 95-01 (the "District") and levied such special assessments (the "Assessments") by Resolution No. 95-70 dated September 7, 1995, and recorded in the Public Records of Pinellas County, in Official Record Book 9193, Pages 1717 thru 1767; and WHEREAS, the City of Clearwater has collected payment for those assessments more particularly described in Exhibit A, and desires to satisfy and release said assessments described in Exhibit A; and WHEREAS, the City Council of the City of Clearwater directs the City Clerk to provide copies of this resolution to the property appraiser, tax collector, and the Florida Department of Revenue; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council of the City of Clearwater hereby releases as satisfied said assessments for those properties more particularly described in Exhibit A attached hereto and made a part hereof. RETURN TO: City Clerk Dept. City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Resolution No. 06-34 Section 2. The City Council of the City of Clearwater hereby directs the City Clerk to provide copies of this Resolution to the property appraiser, tax collector, and the Florida Department of Revenue. Section 3. All resolutions or parts of this resolution in conflict herewith are hereby repealed to the extent of such conflict. Section 4. If any clause, section, or other part of the application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2006. Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 2 Resolution No. 06-34 Exhibit A Official Record Book #9193 / Pages 1717 thru 1767 Fully Released Liens City of Clearwater Sand Key Power Line Burial/Resolution 95-70 Final Release of All Remaining Liens Record Assessment Balance No. Parcel Number Property Owner Name Lien Amount Due 17/29/ 15/00000/330/0100 Sand Key Assoc L TO Partnership 69,263.10 $ 2 19 / 29 / 15 / 00000 / 140 / 0400 Abdullaj, Amza 0 & Neim B 564.35 3 19/29/ 15/ 12936/001 /2101 Heaton, J Richard & Alice W 367.03 4 19/29/15/12936/001/2401 De Marco, Allan B & Isabelle L 486.14 5 19/29/15/12936/001/2502 Mitrovich, George A & Marie K 396.09 6 19/29/15/12936/001/2701 Greene, John L & Janet M 499.77 7 19/29/15/12936/001/2703 Frank, Michael 0 & Maxine 0 403.26 8 19/29/ 15/ 12936/002/ 1101 Phillips, AI 491.88 9 19 /29 / 15 / 12936 / 002 / 1107 Tew, Joel R & Deanie C 368.46 10 19 / 29 / 15 / 12936 / 002 / 1204 Owens, Melina & Anne 465.69 11 19/29/15/12936/002/1207 Power Resources Operating Mencini & Assoc Inc 376.00 12 19 / 29 / 15 / 12936 / 002 / 1408 Czeiszperger, George R & Madonna A 521.66 13 19 / 29 / 15 / 12936 / 002 / 1502 Piper, J Richard & Hoa Ph am 394.65 14 19 / 29 / 15 / 12936 / 002 / 1505 Levin, Henry & Cowart, Deeann 490.09 15 19 / 29 / 15 / 12936 / 002 / 1606 Clifford, Robert A. & Penny E. 398.24 16 19/29/ 15/ 12936/002/ 1701 Glass, Gerald & Sylvia M 545.34 17 19 / 29 / 15 / 12936 / 002 / 1702 Glass, Gerald & Sylvia M 401.83 18 19 / 29 / 15 / 12936 / 002 / 1802 Hawkins, David L & Russell, Diane 604.89 19 19/29/ 15/ 16526/000/0102 Orchard, Robert A. 400.03 20 19/29/ 15/ 16526/000/0106 Cramg Investments L TO 317.87 21 19 / 29 / 15 / 16526 / 000 / 0304 Ulrich, Elizabeth M 330.79 22 19 / 29 / 15 / 16526 / 000 / 0404 Knaus, Ronald L & Yvonne M 337.25 23 19 / 29 / 15 / 16526 / 000 / 0405 Landes, Lisa 259.75 24 19 /29 / 15 / 16526 / 000 / 0407 Knauf, Donald R 368.46 25 19 / 29 / 15 / 16526 / 000 / 0502 Keller, Louis E Jr 431.96 26 19 / 29 / 15 / 16526 / 000 / 0503 Kreuter, Robert H 435.91 27 19 / 29 / 15 / 16526 / 000 / 0506 Perkins, Richard M 343.71 28 19 /29 / 15 / 16526 / 000 / 0507 Gipe, Robert E Tre 375.64 29 19 / 29 / 15 / 16526 / 000 / 0602 Markel, Gary L 439.86 30 19 /29 / 15 / 16526 / 000 / 0708 Hosner, Gerald R & June M 389.63 31 19 / 29 / 15 / 16526 / 000 / 0902 Prunetti, Marie 463.90 32 19 /29 / 15 / 16526 / 000 / 1107 Schlaak, Otto F 417.61 33 19/29/ 15/ 16526/000/ 1212 Cornwallis, Angela Tre 741.59 34 19/29/15/18791 /000/0302 Zimmermann, Deborah J 499.41 35 19/29/15/18791 /000/0304 Dvorak, Joan M TRE 593.41 36 19/29/15/18791 /000/0305 Gerard, Gaston Tre 593.41 37 19/29/15/18791 /000/0307 Zimmermann, Fritz R & Deborah M 776.75 38 19/29/15/18791 /000/0406 Calcagni, Carl E & Josephine 506.59 39 19/29/15/18791 /000/0504 Lee, Manuel L 605.25 40 19/29/15/18791 /000/0603 Raso, Charles G & Rachel J 359.49 41 19/29/15/18791 /000/0605 Aziz, Fekri R & Nadia 608.12 42 19/29/ 15/ 18791 /000/ 1001 Schindler, Catherine M 973.36 43 19/29/ 15/ 18791 /000/ 1105 Nessim, Wagih & Magdoleen 623.19 44 19/29/15/18791 /000/1203 Price, Douglas E 370.26 45 19/29/15/18791 /000/1406 Svenningsen, Edward & Anne 532.06 46 19/29/15/18791 /000/1407 0' Acunto, Anthony & Joseph 823.39 47 19/29/15/18791 /000/1503 Hopler, Otho A & Cheryl S 373.48 48 19/29/15/18791 /000/1505 Kelley, Margaret A 631.80 49 19/29/ 15/ 18791 /000/ 1605 Bassali, Botros A & Soad W 635.03 Page 1 of 8 Exhibit A Official Record Book #9193 / Pages 1717 thru 1767 Fully Released Liens City of Clearwater Sand Key Power Line Burial/Resolution 95-70 Final Release of All Remaining Liens Record Assessment Balance No. Parcel Number Property Owner Name Lien Amount Due 50 19/29/15/18791 /000/1807 Rosenberry, Edgar J 838.82 51 19/29/15/18791 /000/2001 Northway, John F & Vyskocil, Tamara M 1,024.30 52 19/29/15/18791 /000/2005 Narayan, Muni L & Janaki L 652.97 53 19 / 29 / 15 / 18793 / 000 / 0303 Varma, Chelikani V & C. V. 385.68 54 19/29/15/18793/000/0307 Rejian Holdings L TO 854.24 55 19/29/15/18793/000/0501 Potter, Gail Tre & Lori Tre 1,045.11 56 19/29/15/18793/000/0704 Chan, Guy & Nongnart 672.34 57 19/29/15/18793/000/0706 Meeker, Robert L. 567.94 58 19 / 29 / 15 / 18793 / 000 / 0803 Anzolin, Hope M. & Lynn, Claudia A. 399.68 59 19 / 29 / 15 / 18793 / 000 / 0805 655946 Ontario L TO 675.57 60 19 / 29 / 15 / 18793 / 000 / 0902 Davis, Jane S & Donald B 571.53 61 19 / 29 / 15 / 18793 / 000 / 1 005 Johnston, Robert E & Kathleen 682.03 62 19 /29 / 15 / 18793 / 000 / 1007 Mc Gregor, Ian C 892.63 63 19/29/15/18793/000/1201 Larson, Marjorie E 1,080.99 64 19 / 29 / 15 / 18793 / 000 / 1205 Schaible, Marie W 688.49 65 19/29/15/18793/000/1207 D'Amato, Roger & Anita 901.24 66 19 / 29 / 15 / 18793 / 000 / 1405 Spruill, Edwin C & Nelda 0 691.72 67 19/29/15/18793/000/1501 Bayern, Steven & Cynthia 1,091.03 68 19 / 29 / 15 / 18793 / 000 / 1506 Teti, Luigi & Caterina 587.67 69 19/29/ 15/ 18793 / 000 / 1701 Sandseair Corp 1,101.44 70 19 / 29 / 15 / 18793 / 000 / 1804 Holden, Deanna 704.99 71 19 / 29 / 15 / 18793 / 000 / 1805 Aiena, Sam W & Claire B 704.99 72 19 / 29 / 15 / 18793 / 000 / 1806 Ries, Carman 595.93 73 19 / 29 / 15 / 18793 / 000 / 1903 Smith, Glynda R. 418.33 74 19/29/15/18793/000/2001 Larkin, Matthew P & Barbara J 1,126.91 75 19 / 29 / 15 / 18793 / 000 / 2005 Johansson, Hakan & Gabriela 717.91 76 19/29/ 15/36699/001 / 1050 Brown, Norman G & Lois A 364.1 6 77 19/29/15/36699/001/3020 Bliss, C. Skardon 326.13 78 19/29/15/36699/001/3040 Stein, Nancy 326.13 79 19/29/15/36699/001/5030 Niederluecke, Donald & Carol S 30.50 80 19/29/15/36699/001/6020 Aschi, Helen 30.50 81 19 / 29 / 15 / 36699 / 002 / 2050 Evans, Arthur K & Helen G 342.27 82 19 / 29 / 15 / 36699 / 002 / 6040 Brown, Lloyd J & Gisela 349.45 83 19 / 29 / 15 / 36699 / 999 / 1120 Glaser, Gary L 30.50 84 19/29/ 15/36699/999/2001 Belleview Mido 30.50 85 19 / 29 / 15 / 51762 / 000 / 0303 Pennysylvania Ave Association 429.81 86 19 / 29 / 15 / 51762 / 000 / 0305 Moore, Daniel B & Zena K 301.73 87 19 / 29 / 15 / 51762 / 000 / 0306 Claridge, Joseph R tre & Bollea, P & R Trust 429.81 88 19 / 29 / 15 / 51762 / 000 / 0408 Nord, John 669.83 89 19 / 29 / 15 / 51762 / 000 / 0501 Timmis, Gerald C & Dorothy 673.06 90 19 / 29 / 15 / 51762 / 000 / 0503 Karagiannis, Maria 434.12 91 19 / 29 / 15 / 51762 / 000 / 0602 Draheim, John R & Edward R 518.43 92 19 /29 / 15 / 51762 / 000 / 0707 Erickson, Florence & Prusinski Joseph 520.94 93 19 / 29 / 15 / 51762 / 000 / 0806 Ruderman, Jerry J & Anna N 440.58 94 19 / 29 / 15 / 51762 / 000 / 0906 R G International Prop In 442.37 95 19 /29 / 15 / 51762 / 000 / 0907 Lewicki, Frank & Eunice M 526.32 96 19 / 29 / 15 / 51762 / 000 / 1 004 Shuler, Dorcas H 312.13 97 19 / 29 / 15 / 51762 / 000 / 11 02 Erdem, Mehmet & Nurhan 531 .35 98 19 / 29 / 15 / 51762 / 000 / 11 08 Kalucis, John Y & Aristi 693.15 99 19 / 29 / 15 / 51762 / 000 / 1203 Amato, Anthony & Linda J 449.19 Page 2 of 8 Exhibit A Official Record Book #9193 / Pages 1717 thru 1767 Fully Released Liens City of Clearwater Sand Key Power Line Burial/Resolution 95-70 Final Release of All Remaining Liens Record Assessment Balance No. Parcel Number Property Owner Name Lien Amount Due 100 19 / 29 / 15 / 51762 / 000 / 1703 Roehl, Frank C 457.80 101 19/29/ 15/55303/000/0100 Patzig, Helmut H & Trude 662.30 102 19/29/ 15/55303/000/0210 Benware, Joann 674.14 103 19 / 29 / 15 / 55303 / 000 / 031 0 Michelman, Mark S. & Susan F. 729.39 104 19 / 29 / 15 / 55303 / 000 / 0430 Blandford, Thomas E & Patricia A 744.1 0 105 19 / 29 / 15 / 55303 / 000 / 0490 Carter, Courtney P 714.32 106 19 / 29 / 15 / 55303 / 000 / 0600 Cavanagh, Brian 662.66 107 19 / 29 / 15 / 55303 / 000 / 0650 Wagner, Frank J Tre 641.85 108 19 / 29 / 15 / 55303 / 000 / 0680 Orberg, Borge K 663.73 109 19 /29 / 15 / 55303 / 000 / 0710 Donnan, Richard C 627.14 110 19/29/15/78630/000/0201 Thackara, Billie J Tre 409.36 111 19 / 29 / 15 / 78630 / 000 / 0208 Mc Menamy, Louis M & Linda A 355.90 112 19/29/15/78630/000/0212 Donofrio, James W Tre & Dorothy Tre 365.23 113 19 / 29 / 15 / 78630 / 000 / 0306 Bujdud, Christian W & Michael D 375.28 114 19 / 29 / 15 / 78630 / 000 / 0403 Mc Cracken, William & Procter, Norma 483.27 115 19 / 29 / 15 / 78630 / 000 / 0405 Ruppert, Donn P & Diane H 389.27 116 19/29/15/78630/000/0501 Uhl, Alan A & Hanson, Louise A 433.40 117 19 / 29 / 15 / 78630 / 000 / 0602 Palus, Edward J & Diane K 393.22 118 19 / 29 / 15 / 78630 / 000 / 0606 Johannsen, Norma J 396.45 119 19 / 29 / 15 / 78630 / 000 / 0609 Mc Niece, Judith K 404.70 120 19/29/15/78630/000/0703 Arndt, Robert B & Arlene M 510.90 121 19/29/15/78630/000/0709 Truex, Bryan I Tre 412.23 122 19 / 29 / 15 / 78630 / 000 / 0908 Georgousis, Christos & Stavroula 404.70 123 19/29/15/78633/001/2060 Campbell, Martha L 372.05 124 19/29/15/78633/001/2080 Krauss, Christina A 372.05 125 19 / 29 / 15 / 78633 / 002 / 1140 Parnell, Anne C. 354.11 126 19/29/ 15/78633/002/2110 Aeder, Mark S & Yvonne M 383.17 127 19/29/15/78633/002/2140 Kreuter, Leonard A & Harriet 372.05 128 19 / 29 / 15 / 78633 / 003 / 1 040 Hall, David R & Carolyn P 218.85 129 19/29/ 15/78634/001 / 1070 Trebind, Mary J 265.49 130 19/29/15/78634/001/2060 Matteson, Veri E 372.05 131 19/29/ 15/78634/001 /2100 Hanley, John P & Kay K 417.61 132 19/29/15/78634/002/2150 Reilly, Sandra J 383.17 133 19 / 29 / 15 / 78634 / 003 / 1 040 Southmayd, John P & Jean D 252.94 134 19/29/ 15/78635/001 / 1100 Dalton, William E & Kathleen E 273.75 135 19/29/15/78635/001/2070 Kreuter, Leonard & Harriet 405.77 136 19 / 29 / 15 / 78635 / 002 / 1130 Kreuter, Leonard A & Harriet 265.49 137 19/29/ 15/78635/003/ 1010 Snee, William E 238.23 138 19 / 29 / 15 / 78635 / 003 / 1160 Reilly, John L TRE & Ann B TRE 239.30 139 19 / 29 / 15 / 78635 / 003 / 2030 Miceli, Nicholas C & Patricia A 344.07 140 19/29/ 15/78637/000/0105 Hargett, Janet 351 .60 141 19/29/15/78637/000/0107 Berner, Charles E & Sarah J 345.50 142 19/29/15/78637/000/0203 Alberdi, Sylvia M 445.24 143 19/29/ 15/78637/000/0211 Fernandez, Gloria E & Sanchez, Jose L 362.36 144 19/29/15/78637/000/0302 Cadenhead, John H & Evelyn F 388.91 145 19/29/15/78637/000/0306 Laschiazza, Robert A & Beverlee D 358.77 146 19/29/15/78637/000/0312 Frank, Richard N 389.99 147 19/29/15/78637/000/0601 Linsky, Marshall & Loretta 584.44 148 19/29/15/78637/000/0707 General Projects Inc 433.40 149 19 /29 / 15 / 78637 / 000 / 0710 Truex, Ruth F 419.77 Page 3 of 8 Exhibit A Official Record Book #9193 / Pages 1717 thru 1767 Fully Released Liens City of Clearwater Sand Key Power Line Burial/Resolution 95-70 Final Release of All Remaining Liens Record Assessment Balance No. Parcel Number Property Owner Name Lien Amount Due 150 19/29/15/78637/000/0805 Rosenfed, Valentin & Lila 400.75 151 19/29/15/78637/000/0908 Adamy, Ann P 387.48 152 19/29/ 15/78637/000/ 1010 Di Naples, Len & Donna J 442.01 153 19/29/ 15/78637/000/ 1101 Mastropolo, James A 504.08 154 19/29/15/78637/000/1201 852994 Ontario Inc 512.33 155 19/29/15/78637/000/1206 Tomlinson, Arlene 421.20 156 19/29/ 15/78638/000/2010 Kiddey, Robert Tre & Leanne M 341 .1 9 157 19/29/ 15/78638/000/2110 Ryder, Merritt 340.84 158 19 / 29 / 15 / 78638 / 000 / 311 0 Currey, John L & Joan F 347.29 159 19 / 29 / 15 / 78638 / 000 / 41 00 Mac Donald, George C. & E. A. 389.99 160 19 / 29 / 15 / 78638 / 000 / 4120 Brennan, Wallace V & Donna J 354.83 161 19 / 29 / 15 / 78638 / 000 / 51 00 Byrd, Jack K & Ruth M 397.52 162 19 / 29 / 15 / 78638 / 000 / 7030 Sola, Frank A & Mc Quinn, Nancy C 374.92 163 19 / 29 / 15 / 78638 / 000 / 7090 Sheridan, John J & Arlene J 387.48 164 19 / 29 / 15 / 78639 / 000 / 4030 Brown, Buren T. Tre & Esther M. Tre 333.30 165 19 / 29 / 15 / 78639 / 000 / 4120 Herrick, H. Richard Tre 333.30 166 19 / 29 / 15 / 78639 / 000 / 5020 Paulson, Richard M & Barbara G 322.18 167 19/29/15/78639/000/7120 Tangalos, Philip & John P 352.32 168 19 / 29 / 15 / 78639 / 000 / 8040 Hunt, Lea C 381.38 169 19 / 29 / 15 / 78639 / 000 / 8050 Schnettler, James J & Shirley 361.65 170 19 / 29 / 15 / 78639 / 000 / 8080 Mandicott, Grace 380.66 171 19/29/15/78639/000/8120 Woiteshek, Joanne Tre 358.42 172 19/29/ 15/78643/000/0107 Cole, Charles E Sr & Phyllis B 472.87 173 19 / 29 / 15 / 78643 / 000 / 0204 Richardson, John & Pauline W 554.67 174 19 / 29 / 15 / 78643 / 000 / 0502 Riggs, Cecil G 395.37 175 19 / 29 / 15 / 78643 / 000 / 0503 Gaddis, Jerry W 536.37 176 19/29/15/78643/000/0507 Elrod, Carol L 510.90 177 19 / 29 / 15 / 78643 / 000 / 0802 1104191 Ontario Inc. 417.61 178 19 / 29 / 15 / 93390 / 000 / 0303 Kelly, Ronald H 565.07 179 19 / 29 / 15 / 93390 / 000 / 0403 Thonke, Ernst H & Andreas R 567.94 180 19/29/ 15/93390/000/0501 Mc Cauley, John B & Rita 30.50 181 19/29/15/93390/000/0507 Beltan Holdings Corp 677.95 182 19/29/ 15/93390/000/0801 Binder, Karl G 964.75 183 19/29/15/93390/000/0806 910745 Ontario Inc 669.12 184 19/29/15/93390/000/0807 Sullivan, Robert Tre & Harriett E Tre 657.99 185 19/29/ 15/93390/000/0901 Shanahan, Thomas P Tre & Charlotte Tre 969.41 186 19 / 29 / 15 / 93390 / 000 / 0906 Guzman, Carlos & Zoraida 702.84 187 19 /29 / 15 / 93390 / 000 / 0907 Cherry, Charles L & Carole S 691.72 188 19 / 29 / 15 / 93390 / 000 / 11 05 Ziermann, Ursula M 438.79 189 19 / 29 / 15 / 93390 / 000 / 1205 Fox, James E & Ruth A 30.50 190 19 / 29 / 15 / 93390 / 000 / 1405 Samuels, Jack H 442.73 191 19 / 29 / 15 / 93390 / 000 / 1602 Knaus, Ronald L & Yvonne M 996.68 192 19 / 29 / 15 / 93390 / 000 / 1702 O'Ryan, Felix E & Cecilia B 1,001.34 193 19 / 29 / 15 / 93390 / 000 / 1706 Patel, Paresh 725.45 194 19 / 29 / 15 / 93390 / 000 / 1806 Pitman, Kenneth 729.03 195 19 / 29 / 15 / 93390 / 000 / 1906 Saavedra, Thomas R. 701.76 196 19/29/ 15/93391 /000/0301 Carreiro, James & Lucarella, Vanessa J 906.62 197 19/29/ 15/93391 /000/0605 Roan, Gerald M & Marianne K 405.06 198 19/29/ 15/93391 /000/0703 Stewart, James V Tre & Dines, Huguette Trust 581.93 199 19/29/ 15/93391 /000/0801 Yarbrough, Valetine S 982.69 Page 4 of 8 Exhibit A Official Record Book #9193 / Pages 1717 thru 1767 Fully Released Liens City of Clearwater Sand Key Power Line Burial/Resolution 95-70 Final Release of All Remaining Liens Record Assessment Balance No. Parcel Number Property Owner Name Lien Amount Due 200 19/29/15/93391/000/0802 De Candido, Gabriel A & Patricia H 952.19 201 19/29/15/93391/000/0805 Trudel, Rejean & Shirley 412.59 202 19/29/ 15/93391 /000/0806 Atkinson, Lynda J 709.30 203 19/29/ 15/93391 /000/0901 Layden, Elmer F Jr & Delores R 30.50 204 19/29/ 15/93391 /000/0907 Cucuz, Ronko & Velinka 687.05 205 19/29/ 15/93391 /000/ 1101 Gottardi, Giovanni & Ruth 30.50 206 19/29/ 15/93391 /000/ 1206 Rosenberg, Irving & Rochelle 704.63 207 19/29/ 15/93391 /000/ 1207 Campas, Julia G 706.79 208 19/29/ 15/93391 /000/ 1502 Bieger, Barbara L 1,036.86 209 19/29/ 15/93391 /000/ 1607 Magoline, Alfred J & Julia K 725.80 210 19/29/ 15/93391 /000/ 1703 Mouchi Saade, Lino A & Rafael A 662.30 211 19/29/ 15/93391 /000/ 1706 Barnard, Mark R 730.47 212 19/29/ 15/93391 /000/ 1804 Farah, Zouheir I & Rodriguez-M, Maria C 668.04 213 19/29/ 15/93391 /000/ 1807 Sullivan, Warren G & Louise C 30.50 214 19/29/ 15/93391 /000/2001 Tekin, Mahir 30.50 215 19/29/ 15/93391 /000/2002 Iyunni, V A & Dhawan, Iqbal K 1,082.07 216 19/29/ 15/93391 /000/2004 Pugh, Richard F & Claudia B 679.52 217 19/29/ 15/93391 /000/2006 Mc Sherry, Michael J 749.48 218 19/29/ 15/93391 /000/2103 Harari, Rafael & Ana L 654.76 219 19/29/ 15/93391 /000/2305 Yacalis, George S & Elaine V 502.29 220 19/29/15/93391/888/0820 Walkey, Timothy P & Sherry K 30.50 221 19/29/ 15/93392/000/ 1201 Greco, Dolores 30.50 222 20 / 29 / 15 / 36700 / 000 / 0503 Fornaro, Nicholas R Sr 344.78 223 20/29/15/36700/000/0701 Erdem, Mehmet E & Nurhan 362.36 224 20/29/15/36700/000/0705 Furney, Janice K Tre 205.94 225 20 / 29 / 15 / 36700 / 000 / 0806 Vitullo Inc 355.19 226 20/29/15/36700/000/0807 Lemus, Julian & Vincenza R 355.19 227 20 / 29 / 15 / 36700 / 000 / 0904 Watson, Hugh 298.14 228 20 / 29 / 15 / 36700 / 000 / 1206 Waldron, Andrew J Tre & Kathleen Trust 368.82 229 20/29/15/36700/000/1207 Bassim, Nabil M & Lois A 368.82 230 20/29/15/36700/000/1501 Vitullo Inc 386.76 231 20 / 29 / 15 / 36700 / 000 / 1506 Beynon, Robert L. & Rebecca 375.28 232 20 / 29 / 15 / 36700 / 000 / 1602 Avella, Nestor & Mazzarisi, Louis 378.87 233 20 / 29 / 15 / 36700 / 000 / 1702 Murray, William 382.45 234 20 / 29 / 15 / 36700 / 000 / 1704 Brand, Reinhilde & Zucker, Alex 317.87 235 20 / 29 / 15 / 36700 / 000 / 1803 Velazquez, Luis G & Theresa 393.22 236 20 / 29 / 15 / 36700 / 000 / 1905 J & M Builders 227.82 237 20 / 29 / 15 / 36700 / 000 / 1908 Sharp, Virginia M 401 .11 238 20 / 29 / 15 / 36700 / 000 / 2003 Bosschaert, John & Diane 392.86 239 20/29/15/36700/000/2007 Erickson, Charette & Toellner, Charlotte G 392.86 240 20 / 29 / 15 / 49851 / 000 / 0204 Shudrak, Jaroslaw 294.55 241 20/29/15/49851 /000/0301 Hoffman, William A Jr 356.98 242 20 / 29 / 15 / 49851 / 000 / 0304 Bassim, Nabil M & Lois A 290.25 243 20 / 29 / 15 / 49851 / 000 / 0403 Mc Kenna, John J Jr & Kathryn R 350.16 244 20 / 29 / 15 / 49851 / 000 / 0406 Kapsalis, Stephen T & Marcott, Dennis R 350.16 245 20/29/15/49851 /000/0407 Martinez, John L & Catherine C 350.16 246 20 / 29 / 15 / 49851 / 000 / 0502 Pan ny, Robert J & Angela C 362.36 247 20 / 29 / 15 / 49851 / 000 / 0504 Edwards, James D & Betsy S 295.99 248 20 / 29 / 15 / 49851 / 000 / 0603 Rodriguez, Eloy 355.19 249 20/29/15/49851 /000/0607 Stanley, Donald W & Linda M 355.19 Page 5 of 8 Exhibit A Official Record Book #9193 / Pages 1717 thru 1767 Fully Released Liens City of Clearwater Sand Key Power Line Burial/Resolution 95-70 Final Release of All Remaining Liens Record Assessment Balance No. Parcel Number Property Owner Name Lien Amount Due 250 20 / 29 / 15 / 49851 / 000 / 0808 Appleton, Thomas W & Deana P 378.51 251 20 / 29 / 15 / 49851 / 000 / 0903 Kirkpatrick, Charles E Jr & Mary M 360.57 252 20 / 29 / 15 / 49851 / 000 / 0905 Fedotov, Ivan & Maria N 180.46 253 20/29/15/49851 /000/0907 Tsokos, Christos 360.57 254 20 / 29 / 15 / 49851 / 000 / 1 004 Robbins, Walter W Jr & Cynthia S 303.16 255 20 / 29 / 15 / 49851 / 000 / 1 008 Gokcora, Penbe M 382.10 256 20 /29 / 15 / 49851 / 000 / 1107 Systems Analysis Tampa In 363.80 257 20 / 29 / 15 / 49851 / 000 / 11 08 Gillespie, Eugene J Jr & Patricia C 383.89 258 20 / 29 / 15 / 49851 / 000 / 1405 Olson, David E & Carolyn M 179.39 259 20 / 29 / 15 / 49851 / 000 / 1503 Siron, Inc 368.82 260 20 / 29 / 15 / 49851 / 000 / 1504 Stevens, Elaine F. 316.44 261 20 / 29 / 15 / 49851 / 000 / 1602 Voutsinas, Spiros J & Aris 370.61 262 20 / 29 / 15 / 49851 / 000 / 1605 Johnson, Peter 185.49 263 20 /29 / 15 / 49851 / 000 / 1607 Kroeger, Monica 370.61 264 20 / 29 / 15 / 49851 / 000 / 1608 Frederick, Virgil M & Linda L 391.42 265 20 /29 / 15 / 49851 / 000 / 1707 Kau, Shing P & Ve-Shing 372.41 266 20 / 29 / 15 / 49851 / 000 / 1708 Wu, Peter Mine-Cheng & Susie Liao-Hsueh 383.53 267 20/29/15/49851 /000/1907 Kaminsky, Joseph & Susan 375.64 268 20 / 29 / 15 / 49851 / 000 / 2003 Varolian Garo & Mannik 386.76 269 20 / 29 / 15 / 49851 / 000 / 2008 Arain, A Malik & Jamila 394.65 270 20/29/15/49852/000/0208 Miller, David & Paul 543.19 271 20/29/15/49852/000/0406 Ferreri, Salvador & Dolores M 484.70 272 20/29/15/49852/000/0504 Edenhofer, Karl P 353.75 273 20/29/15/49852/000/0505 Waldron, Andrew C & Barbara A 244.33 274 20/29/15/49852/000/0703 Zachar, Charles K & Karel A 454.57 275 20/29/15/49852/000/0706 Brillat, Harvey & Susan 454.57 276 20/29/15/49852/000/0803 Diaz, Carlos & Hernandez, Janeth L 462.82 277 20/29/15/49852/000/0904 Ryan, Marlene J 374.20 278 20/29/15/49852/000/0906 Diamant, Sylvia C 471.07 279 20/29/15/49852/000/0907 White, Mary J 471.07 280 20/29/ 15/78636/001 / 1070 Smith, George A & Sarbin, Lois 265.49 281 20/29/ 15/78636/001 / 1080 Reilly, John L & Ann B 354.11 282 20/29/ 15/78636/001 / 1090 Young, Adele I 354.11 283 20 / 29 / 15 / 78636 / 002 / 1140 Phair Inc 354.11 284 20/29/15/78636/002/2120 Weiss, Trevor D & Cathryn C 372.05 285 20/29/15/78636/002/2130 Case, Jean M Tre 405.77 286 20 / 29 / 15 / 78636 / 003 / 1 020 Nickle, Frederick J & Gina M 283.43 287 20 / 29 / 15 / 78636 / 003 / 1 040 Potts, George C & Meredith S 218.85 288 20/29/15/78636/003/2190 Conlon, Harold J 364.16 289 30/29/15/20262/000/0212 Cooper, Jules & Shirley J 60.99 290 30 / 29 / 15 / 20262 / 000 / 0316 Conlin, James S & Nora S 573.68 291 30/29/15/20262/000/0401 Cournan, Peter P & Mary P 510.90 292 30 / 29 / 15 / 20262 / 000 / 0403 Nardi, Michel 480.76 293 30/29/15/20262/000/0407 Caraciolo, Silio & Olga 444.88 294 30 / 29 / 15 / 20262 / 000 / 0416 Dolin, Sara Tre 584.80 295 30 / 29 / 15 / 20262 / 000 / 0417 Gustke, Kenneth A & Mardale M 76.42 296 30 / 29 / 15 / 20262 / 000 / 0502 Mc Gee, Robert M 490.09 297 30/29/15/20262/000/0507 Ovadia, Armand & Esther 453.49 298 30 / 29 / 15 / 20262 / 000 / 0508 Gauwitz, Michael D 481.83 299 30/29/ 15/20262/000/0611 Rea, Robert D & Mary M 1,460.57 Page 6 of 8 Exhibit A Official Record Book #9193 / Pages 1717 thru 1767 Fully Released Liens City of Clearwater Sand Key Power Line Burial/Resolution 95-70 Final Release of All Remaining Liens Record Assessment Balance No. Parcel Number Property Owner Name Lien Amount Due 300 30/29/15/20262/000/0614 Schott, Martin & Sheila 698.89 301 30/29/ 15/20262/000/0616 Chilon Trust I 607.41 302 30/29/ 15/20262/000/0617 Zimmerman, Allen E 644.72 303 30/29/15/20262/000/0618 Eisenhart, Stephen E Tre 659.79 304 30/29/15/20262/000/0701 Maxfield, Dane L & Susan E 540.67 305 30/29/15/20262/000/0706 Warn, Mary L 30.50 306 30/29/15/20262/000/0801 Brettschneider, Wilhelm 611.35 307 30/29/15/20262/000/0807 Denenberg, Herbert & Lenore 478.96 308 30/29/ 15/20262/000/0811 Harmon, Tom D & Muffet T 739.44 309 30 / 29 / 15 / 20262 / 000 / 0904 Conte, Joseph L & Julie 609.92 310 30/29/15/20262/000/0913 Booth, David & Marilyn E 692.08 311 30 / 29 / 15 / 20262 / 000 / 1 005 Nachman, Howard & Joy 516.99 312 30/29/ 15/20262/000/ 1013 Lijewski, Alexander R & Shirley A 60.99 313 30/29/ 15/20262/000/ 1016 Tretina, Jan & Olga 652.61 314 30/29/ 15/20262/000/ 1101 Peterson, John C & Luann L 60.99 315 30 / 29 / 15 / 20262 / 000 / 1113 Strupp, William C & Nardi, Michel 212.03 316 30/29/15/20262/000/1218 Mc Guire, Bernard J & Karen J 76.42 317 30/29/ 15/20262/001 /0010 Lurie, Elizabeth 121.98 318 30/29/15/20262/001/0050 Celgin, Halil S Tre & Gunseli Tre 589.83 319 30/29/15/20262/001/0060 Chambers, Constantine P 614.58 320 30/29/15/20262/001/0080 Sandberg, Karl E & Anita I 711.81 321 30/29/15/20262/888/0008 Lilly, Thomas E 60.99 322 30 / 29 / 15 / 20262 / 999 / 0270 Peters, Andrew 60.99 323 30/29/ 15/35630/000/0110 Pimenidis, John H & Christina 334.74 324 30/29/ 15/35630/000/0170 Massengill, Anna 328.28 325 30/29/15/35630/000/0180 Anderlik, Joseph C & Elizabeth A 411.16 326 30/29/15/35630/000/0370 Moeller, Donald E & Rita 341.55 327 30 / 29 / 15 / 35630 / 000 / 0430 Fowler, Charles W & Sandra D 337.97 328 30/29/ 15/35630/000/0610 Gabay, Leonard 368.1 0 329 30 / 29 / 15 / 35630 / 000 / 0620 Wade, William A & Bobbie G 461.03 330 30 /29 / 15 / 35630 / 000 / 0710 Bennett, Benjamin B & Elizabeth R 374.92 331 30/29/15/35630/000/0770 Lyons, Gary W & Patricia L 367.74 332 30/29/ 15/35630/999/0010 Harborage Condo Assn Inc 440.58 333 30/29/15/35632/000/2130 Robinson, Ronald & Barbara 325.05 334 30/29/15/35632/000/2280 Stokes, David C & Lois M 427.30 335 30 / 29 / 15 / 35632 / 000 / 2330 Salem, Shia & Jocelyne 337.97 336 30/29/15/35632/000/2350 Collins, Ann L TRE & Cicak, John TRE 321.10 337 30/29/15/35632/000/2380 Graff, Donald A & Ruth A 466.41 338 30/29/15/35632/000/2450 Kunzmann, Robert 0 & Susan A 327.56 339 30/29/15/35632/000/2620 Carroll, Patrick F 470.00 340 30/29/15/35632/000/2640 Fazio, Charles M & Geraldine 470.71 341 30/29/15/35632/000/2730 Russelle, Ruth M 400.76 342 30 / 29 / 15 / 35632 / 000 / 2760 Wilkin, Robert H & Opal F 433.04 343 30/29/15/35632/000/2770 Tsoutsanis, Andrew & Pauline 375.28 344 30/29/15/35632/000/2820 Taylor, William J & Nancy M 487.22 345 30/29/15/35632/000/2860 Peterson, Bill J & Audrey J 440.58 346 30 / 29 / 15 / 35632 / 999 / 0380 Harborage II Condo Assn Inc 30.50 347 30 / 29 / 15 / 43515 / 000 / 0202 Strother, Forrest B & Ann P 341 .55 348 30 / 29 / 15 / 43515 / 000 / 0305 Nosal, Denise 302.09 349 30 / 29 / 15 / 43515 / 000 / 0404 Delibero, Raymond & Lenora J. 292.40 Page 7 of 8 Official Record Book #9193 / Pages 1717 thru 1767 Fully Released Liens Exhibit A City of Clearwater Sand Key Power Line Burial/Resolution 95-70 Final Release of All Remaining Liens Record Assessment Balance No. Parcel Number Property Owner Name Lien Amount Due 350 30 / 29 / 15 / 43515 / 000 / 0406 Cambas, James L 292.40 351 30/29/15/43515/000/0501 Martello, Anthony & Edmondson, Marie A 381.38 352 30 / 29 / 15 / 43515 / 000 / 0504 Petis, John F & Violet 298.14 353 30/29/15/43515/000/0701 Reiner, Mary A 395.73 354 30 / 29 / 15 / 43515 / 000 / 0806 Kuni, Nancy M. 315.00 355 30 / 29 / 15 / 43515 / 000 / 11 03 Burkhardt, Mary E 343.71 356 30 / 29 / 15 / 43515 / 000 / 1206 Biondi, Leroy E & Beatrice H 329.36 357 30/29/15/43515/000/1207 Sfouggatakis, Nicholas A & Maro 420.84 358 30 / 29 / 15 / 43515 / 000 / 1403 Kyriacopoulos, Maria 349.45 359 30 / 29 / 15 / 43515 / 000 / 1405 Cook, Bryda K 349.45 360 30 / 29 / 15 / 43515 / 000 / 1704 Spina, Ann M 413.31 361 30 / 29 / 15 / 43515 / 000 / 1706 Wright, Anthony P 358.42 362 30 / 29 / 15 / 43515 / 000 / 1708 Doumas, Michael P & Vicky 435.19 363 30 / 29 / 15 / 58920 / 000 / 0200 Gordon, Marden S. 222.44 364 30 / 29 / 15 / 58920 / 000 / 0340 Gordon, Marden S. 222.44 365 30 / 29 / 15 / 58920 / 000 / 0430 Gordon, Marden S. 222.44 366 30/29/15/58920/000/0450 Salimi, Betty 222.44 367 30/29/15/58920/000/0470 Gordon, Marden S. 222.44 368 30 / 29 / 15 / 58920 / 000 / 0620 Gordon, Marden S. 222.44 369 30 / 29 / 15 / 58920 / 000 / 0660 Gordon, Marden S. 222.44 Page 8 of 8 Meeting Date: 8/15/2006 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Resolution 06-42, determining the necessity to create a pedestrian walkway for public access running from Coronado Drive to South Gulfview Blvd., authorizing and directing condemnation of the necessary property. SUMMARY: On April 15, 2005, Anne Garris and Suzane Boschen filed a lawsuit against the City of Clearwater and Beachwalk Resort, LLC seeking to have a court declare that certain acts of the City and City Council violated the City's Charter, were void ab inito and ultra vires. The essence of the action was to prevent the vacation of Third Street and prohibit approval of the Beachwalk Resort Development Agreement. Mediation was held in the case on October 28,2005. The parties reached a mediated settlement. Section 4(d) of the settlement agreement requires the City Attorney's Office to present in good faith, to City Council a proposal to use all lawful means (including, but not limited to, eminent domain proceedings) to acquire and dedicate a 10 foot pedestrian easement for public access immediately to the south of the project, running from Coronado Drive to South Gulfview Boulevard. Written inquiries to the owners of the property from which the proposed 10 foot right of way would come have been made to see if they would be willing to sell the property, but they have not been answered. Right of way aquisition costs, project design and surveys will be paid by the City. Real estate appraisals for the property to be acquired for right of way purposes have been submitted to the City by American Aquisition Group, LLC. AAG's conclusion is that the market value of the property to be acquired is $1,160,000.00. These costs do not include litigation costs and attorneys fees associated with acquiring the property by eminent domain. Consequently, the total costs of acquiring this property by eminent domain could and probably would be considerably higher. Type: Current Year Budget?: Capital expenditure No Budget Adjustment: Yes Budget Adjustment Comments: Funding would have to come from Beachwalk project fund. Current Year Cost: Not to Exceed: For Fiscal Year: 1,160,000.00 Annual Operating Cost: Total Cost: 1,160,000.00 10/0112005 to 09/3012006 Bid Required?: No Other Bid / Contract: Bid Number: Bid Exceptions: Sole Source Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk RESOLUTION NO. 06-42 A RESOLUTION OF THE CITY OF CLEARWATER. FLORIDA. DETERMINING THE NECESSITY TO CREATE A PEDESTRIAN WALKWAY FOR PUBUC ACCESS RUNNNING FROM CORONADO DRIVE TO SOUTH GULF BOULEVARD. AUTHORIZING AND DIRECTING CONDEMNATION OF THE NECESSARY PROPERTY. PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the city of Clearwater, Florida, has determined that the acquisition of certain property and property rights is necessary for the public purpose of creating and dedicating a 10 foot pedestrian easement for public access immediately to the south of the project, running from Coronado Drive to South Gulf Boulevard; WHEREAS. the City Council is empowered by the Florida Constitution and by Chapters 73, 74, and 166, Florida Statutes, to exercise the power of eminent domain and acquire such property and property rights as is deemed necessary by the City Council for the public purpose of providing the necessary rights-of-way and easements for the construction of the project; and WHEREAS, the City Council has considered engineering analysis and has determined the necessity of acquiring certain property and property rights only after considering alternative routes, or lack thereof; and WHEREAS, attempts to negotiate the acquisition of the necessary rights-of-way and easements for the constrnction of the project have been unsuccessful, and it is, therefore, necessary to exercise the power of eminent domain for the public purpose of improving public pedestrian access from Coronado Drive to South Gulf Boulevard; NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER. FLORIDA THAT: Section 1. The City Council finds it necessary and in the public interest to creating and dedicating a 10 foot pedestrian easement for public access immediately to the south of the "Beachwa1k" project, rnnning from Coronado Drive to South Gulf Boulevard; Section 2. The City Council authorizes the Director of Public Works or his designee, to give testimony and commit the City as to the constrnction plans for this project. Section 3. The City Council commits itself to the particular use and extent of the property to be taken as reflected herein, and the City Council recognizes that, in the case of easement acquisition, the owner reserves and retains all rights in the easement property not inconsistent with the City's use thereof. Section 4. The City Council finds it necessary to acquire the specified necessary rights-of-way and easements in the following described property in order to constrnct said project: See Exhibits "A" and "B." Section 5. This resolution shall take effect immediately upon adoption. Section 6. All resolution or orders and parts therof in conflict herewith to the extent of such conflicts, are hereby superseded and repealed. Section 7. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this day of August, 2006. Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 2 Resolution No. 06-40 MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Paul Richard Hull, Assistant City Attorney DATE: July 3, 2006 RE: Beachwalk Project PEDESTRIAN RIGHT-OF- WAY RESOLUTION The following information is submitted for your consideration in reviewing and approvmg Resolution 06-42 regarding acquisition of right-of-way by eminent domain: I. Purpose of Project The purpose of this project is to acquire and dedicate a ten (10) foot pedestrian easement for for public access immediately south of the "Beachwalk Resort Project," rnnning from Coronado Drive to South Gu1fview Boulevard. ll. Background On or about April15, 2005, Anne Garris and Suzanne Boschen filed suit against the City of Clearwater and Beachwalk Resort, LLC, seeking to have a court declare that certain acts of the City and City Council violated the City's Charter, were void ab initio and ultra vires. The essence of the action was to prevent the vacation of Third Street and prohibit approval of the Beachwalk development agreement. The parties were ordered to mediation by court order and mediation was held on October 28, 2005. The parties reached a mediated settlement that was memorialized in that certain document entitled "MEDIATED SETTLEMENT AGREEMENT," a copy of which is attached hereto as Exhibit "A. " Section 4(d) of said agreement obligated the City Attorney's Office, in good faith, to present to City Council a proposal to use al11awfu1 means (including, but not limited to, eminent domain proceedings) to acquire and dedicate a 10 foot pedestrian easement for public access immediately to the south of the project, rnnning from Coronado Drive to South Gulf Boulevard. A copy of an aerial photograph depicting the 10 foot right-of-way is attached as Exhibit "B." Written inquiries to the owners of the property from which the proposed 10 foot right-of- way would come have been made to determine if they were willing to sell to property to the City. Those inquiries have gone unanswered. Mayor and Commission June 30, 2006 Page Two m. Costs Right-of-way acquisition costs, project design and surveys will be paid by the City. Real estate appraisals for the property to be acquired for right-of-way purposed have been submitted to the City by American Acquisition Group, LLC. AAG's conclusion is that the market value of the property to be acquired is $1,160,000.00. These costs do not include litigation costs and attorney fees associated with acquiring the property by eminent domain. Consequently, the total costs of acquiring this property by eminent domain could and probably would be considerably higher. Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: SUMMARY: Review Approval: 1) Clerk Meeting Date: 8/15/2006 Meeting Date: 8/15/2006 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Provide Direction on Proposed Amendments to the Countywide Rules Addressing Transient Accommodation Uses. SUMMARY: The Planning Pinellas Council (PPC) is proposing revisions to the Countywide Rules that will increase the allowable density of overnight accommodations throughout the County. The latest proposal, which is attached for your review, is scheduled for discussion at a joint meeting of the PPC, the Countywide Planning Authority (CP A) and the Tourist Development Council (TDC) on August 29th. The PPC also plans to have a public hearing on the amendments in September. The Planning Department is seeking direction from the City Council on the proposed revisions summarized below. The proposed amendments would: .Increase the transient accommodation use multiplier from 1.67 transient accommodation units for every permanent residential unit to between 2.5 - 5.0 transient accommodation units per residential unit depending on parcel size and future land use plan category; .Require transient accommodations to comply with density and floor area ratio (FAR) standards; .Decrease impervious surface ratio (ISR) standards; .Impose new requirements clarifying the occupancy of transient accommodation uses; . Require certain operational characteristics to be met; and .Require local governments to use the Metropolitan Planning Organization's (MPO) approach in determining transportation impacts. The Planning Department supports increasing allowable densities for transient accommodations. It is concerned, however, that the proposed revisions to the Countywide Rules may not produce the desired outcome of new hotel development on Clearwater Beach. Of particular concern is the relationship between parcel size thresholds and allowable density, FAR and ISR. Even though the proposal allows greater densities, it will require larger parcels. The result will be higher land costs, which is a major impediment to hotel development. Review Approval: 1) Legal 2) Planning 3) Legal 4) Clerk 5) City Manager 6) Clerk 7) City Manager 8) Clerk PINELLAS PLANNING COUNCIL AGENDA MEMORANDUM I AGENDA ITEM: V B-2 I I MEETING DATE: July 19,2006 I SUBJECT: B. EDRP Follow-Up: 2. Transient Accommodations - Proposed Rule Amendments RECOMMENDATION: Council Review, Discuss And Authorize Advertisement Of Countywide Rule Amendments Addressing Transient Accommodation Uses, Subject to Any Further Direction Resulting from Consideration Of This Matter At Our Joint Meeting With The Countywide Planning Authority And The Tourist Development Council on August 29th BACKGROUND: Council staff discussed the transient accommodation use issue with the Council at last month's meeting and has since added new subjects and ideas for consideration. The Council's input on the proposed amendments to the Countywide Rules is requested and will be used to develop specific recommendations for the Council to consider in ordinance form in September. As stated last month, both the Updated Countywide Plan and Pinellas By Design: An Economic Development and Redevelopment Plan for the Pinellas Community, approved by the Countywide Planning Authority in 2005, identify strategies for supporting the tourism industry in Pinellas County. And since the county is experiencing a decline in the number of lodging units, amendments to the Countywide Rules should be considered. The PPC staff proposes amendments to the Countywide Rules that would allow greater lodging unit density in specific instances and addresses such issues as accessory uses and conversion of lodging facilities to residential uses. PINELLAS PLANNING COUNCIL ACTION: The Council authorized advertisement of a September public hearing of the proposed amendment, subject to any further direction resulting from consideration of this matter at the joint meeting with the CPA and the TDC on August 29. (Vote 10-0) COUNTYWIDE PLANNING AUTHORITY ACTION: C:IDocuments and Settingslmona.kaushallLocal SettingslTemporary Internet FilesIContent.IE5IKPU385MFIPPC Hotel Density Increase Proposal[l ].doc SUBJECT: Transient Accommodations - Proposed Rule Amendments BACKGROUND (continued) The current Countywide Rules contain only two items related to transient accommodations: 1) density limitations in eight Countywide Plan Map categories; and 2) definitions for transient accommodation use and transient accommodation unit. Within the amendments herein, staff proposes to add or modify definitions and add a more comprehensive section dealing with all the issues related to transient accommodation uses in Article 4, Plan Criteria and Standards. Article 4 has a section entitled "Special Rules" which includes such other subjects as: Scenic/Non-Commercial Corridors, Transferable Development Rights, Public Educational Facility Siting, Coastal High Hazard Areas, and Special Area Plans. RULE AMENDMENT OUTLINE: AMENDMENTS - ARTICLE 2 The staff proposes the following amendments to Article 2, Countywide Plan Map and Categories. To reduce repetitive wording in this memo we have shown the changes as reflected in one category. The same changes will occur in the ordinance for the RFO, RFM, RFH, CL, CR, CG, and IL categories. 2.3.3.4.3 Cate1!orv/Svmbol- Residential/Office/Retail (R/O/R). Density/Intensity Standards - Shall include the following: . Residential Use - Shall not exceed eighteen (18) dwelling units per acre. . Residential Equivalent Use - Shall not exceed an equivalent of 2.0 to 3.0 beds per permitted dwelling unit at 18 dwelling units per acre. The standard for the purpose of establishing relative intensity and potential impacts shall be the equivalent of 2.5 beds per dwelling unit. . Transient Accommodation Use - See Section 4.2.7.6.3 Shall not exceed thirty (30) units per acre. . N on- Residential Use - Shall not exceed a floor area ratio (FAR) of .40, nor an impervious surface ration (ISR) of .85. The standard for the purpose of establishing relative intensity and potential impacts shall be a FAR of .24 and an ISR of .65. . Mixed use - Shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the gross land area of the property. AMENDMENTS - ARTICLE 4 The staff proposes amending Article 4, Plan Criteria and Standards, to address guidelines for accessory uses, conversion of use, impacts to infrastructure, and maximum density. The amendments to this section will also provide for a variety of provisions that address transient accommodation density and intensity. The current density limitations in the 2 SUBJECT: Transient Accommodations - Proposed Rule Amendments BACKGROUND (continued) Countywide Rules utilize a multiplier of 1.67 transient accommodation units for every permanent residential unit allowed within each category which permits transient accommodations. Without repeating the discussion from last month regarding the need for additional transient accommodations units, it is understood that we must address this issue. To do so, we are proposing to increase the multiplier from 1.67 to a range from 2.5 to 5.0, depending on parcel size and plan category, as can be seen in the following table. Staff proposes increasing the multiplier to 2.5 for the Residential/Office/Retail (ROR), Commercial Limited (CL), Commercial Recreation (CR), Commercial General (CG), Industrial Limited (IL), and Resort Facilities Overlay (RFO) plan categories, which normally include less intensive transient accommodation uses, including "business" traveler hotels; for the Resort Facilities Medium (RFM) and Resort Facilities High (RFH) plan categories, where tourist-oriented hotels and resorts occur, the multiplier is proposed to be increased from 2.5 to as much as 5.0, according to parcel size. However, in addition to controlling the number of units per acre, staff also believes it is important to adopt revised limitations on impervious surface ratios (ISRs) and include limitations on floor area ratios (FARs). Pending further research to be conducted prior to September's public hearing, staff is considering maximum FAR ranges of .65 to 1.2 for the ROR, CL, CR, CG, IL and RFO plan categories and more intense maximum F ARs for the RFM and RFH plan categories, again depending on parcel size. Staff also proposes a range of maximum ISR from .65 to .85. Transient Accommodation Use Density and Intensity Standards RFM and RFH Density/Intensity Density/Intensityon Density/Intensityon Plan on Property Less Property Greater Property Greater Category than One Acre, Less than One Acre than Five Acres than Five Acres 45 Units/Acre 63 Units/Acre 90 Units/Acre FAR Range: FAR Range: FAR Range: RFM .65 - 1.2 1.2 - 1.8 1.8 - 2.5 ISR Range: ISR Range: ISR Range: .65 - .85 .65 - .85 .65 - .85 75 Units/Acre 105 Units/Acre 150 Units/Acre FAR Range: FAR Range: FAR Range: RFH .65 - 1.2 1.2 - 2.5 2.5 - 5.0 ISR Range: ISR Range: ISR Range: .65 - .85 .65 - .85 .65 - .85 3 SUBJECT: Transient Accommodations - Proposed Rule Amendments BACKGROUND (continued) Transient Accommodation Use Density and Intensity Standards ROR, CL, CR, CG, IL, and RFO IL The Following Categories Utilize a Ratio of 2.5 Transient Accommodation Units to the Permitted Number of Underlying Residential Units 45 Units/Acre FAR Range: .65 - 1.2 ISR Range: .65 - .85 45 Units/Acre FAR Range: .65 - 1.2 ISR Range: .65 - .85 60 Units/Acre FAR Range: .65 - 1.2 ISR Range: .65 - .85 60 Units/Acre FAR Range: .65 - 1.2 ISR Range: .65 - .85 75 Units/Acre [subject to mixed use project area limitations for projects 5-acres or greater] FAR Range: .65 - 1.2 ISR Range: .65 - .85 Shall not Exceed a Ratio of 2.5 Transient Accommodation Units to the Permitted Number of Residential Units in the Underlying Plan Category; Shall not Exceed the Corresponding Maximum FAR and ISR for Non-residential Uses in the Underlying Plan Category Plan Category ROR CL CR CG RFO The FAR limitations will include the transient accommodation units, as well as all accessory uses (i.e., restaurants, spas, recreational facilities, etc.). This will help to clarify for local governments what can be permitted III association with a transient accommodation use, whereas today's regulations do not specify how much or how little floor area in a transient accommodation use can be allocated to accessory uses. The use of F AR/ISR intensity standards for both the transient accommodation and accessory uses, in combination with unit density, will serve to better manage total buildable area and building bulk in relationship to the site. The proposed amendments contain language that restricts converSIOn of transient accommodation units to permanent residential units, as well as the construction of permanent residential units under the guise of using them as transient accommodation units. Conversions are not prohibited, however they must be in proportion with the allowable residential density for the particular category in question. For example, if a 4 SUBJECT: Transient Accommodations - Proposed Rule Amendments BACKGROUND (continued) transient accommodation unit is constructed in the RFH district, conversion to permanent residential units would allow only 30 dwelling units per acre. F or developments desiring to construct a combination of transient accommodation units and permanent residential units, each would be allowed on-site in their proportionate share. That is, permanent units would be allowed at the category's maximum per acre density, as would transient accommodation units, all in proportion to the lot size. Using the previous example of an RFH parcel, less than an acre in size, a development might include 50 transient accommodation units (or two-thirds of the development potential of the parcel) and 10 permanent residential units (the remaining one-third of the development potential for the parcel). In addition to the above amendments, staff proposes to address transportation impacts associated with the increased number of transient accommodation units permitted. The comparative traffic impacts of hotel uses are worth noting: high-rise apartment generates 4.2 daily weekday trips per unit; residential condominium - 5.8 daily weekday trips per unit; budget hotel - 5.6 daily weekday trips per unit; standard hotel - 9.0 daily weekday trips per unit; and resort hotel - 18.4 daily weekday trips per unit. The Countywide Rules currently provide guidelines for traffic generation characteristics, however, these traffic generation rates will be an important factor as modifications to the transient accommodation multiplier are considered. Staff will contact Tindale-Oliver and Associates, our transportation engineering consultant, for comment about the potential impacts of the proposed transient accommodation density/intensity changes to the plan categories' established traffic generation characteristics. Of course, in response to a Countywide Plan Map amendment proposing to utilize one of the categories that permits transient accommodation uses, staff will complete a traffic impact analysis. However, for areas already designated and allowing transient accommodation uses, we are proposing that along with the higher densities allowed, local governments must adopt the MPO' s coordinated approach to the application of concurrency management for transportation facilities. Further suggested amendments to Article 4 will help to clarify and specify that the new form of hotel ownership, the "condo-hotel," operates in the same manner as a transient accommodation use. These proposed regulations will prohibit development intending to provide permanent residential units at the higher rate allowed for transient accommodation units by erroneously identifying them as transient accommodation units. These proposed regulations, coupled with the definitions for transient accommodations and dwellings, should ensure that transient accommodations will be used as temporary lodging, will unlikely be converted to permanent dwellings, and ensure that true permanent residential construction will occur at the appropriate residential density. Also, these new regulations will further clarify that permanent residential dwellings in certain areas can not be 5 SUBJECT: Transient Accommodations - Proposed Rule Amendments BACKGROUND (continued) operated as transient accommodation uses. It should be noted that this is not permitted per the current Countywide Rules, however, further clarification would be beneficial. The addition of a new section to Article 4 to address the above referenced issues would be developed to reflect the following: 4.2.7.6 Transient Accommodation Standards. A. Transient accommodations not to be used as permanent residential dwellings. . No transient accommodation unit shall be occupied as a permanent residential dwelling unit. . Transient accommodation units shall not be used for homesteading purposes or home occupational licensing. . All transient accommodation units must be included in the inventory of units that are available for transient accommodation use. B. Combined use maximum density. . In development providing a combination of transient accommodation and permanent residential dwelling uses, each use shall be allowed based on the category's maximum permitted density in proportion to the size of the property and the respective uses. C. Conversion to permanent residential use. . No conversion of transient accommodation use to permanent residential use shall be permitted unless the conversion is in compliance with the Countywide Rules with respect to the permitted residential density and, where applicable, the intensity for associated non-residential uses. D. Transportation concurrency requirement. . Local governments shall adopt the MPO' s coordinated approach to the application of concurrency management for transportation facilities in their assessment of traffic impacts in order to be eligible to utilize the transient accommodation density/intensity standards of this section. 6 SUBJECT: Transient Accommodations - Proposed Rule Amendments BACKGROUND (continued) E. Transient accommodation accessory uses. . A transient accommodation use may include accessory uses, such as recreational facilities, restaurants, bars, personal service uses, retail uses, meeting space, fitness centers, spa facilities, and other uses commonly associated with transient accommodation uses. Parking structures are not considered an accessory use and are not included in FAR calculations. F. Transient accommodation operating characteristics. . Proper licensing will be required of all transient accommodation units through all applicable agencies that license hotels prior to any certificate of occupancy being issued. All licenses must be kept current. . All units shall be subject to all applicable tourist tax collections. . Annual occupational licenses from the applicable local government shall be required for businesses operating a transient accommodation use. . A reservation system shall be required as an integral part of the transient accommodation facility. . There shall be a lobby/front desk area that is internally oriented and must be operated as a typical hotel/motel lobby/front desk_area would be operated. . All transient accommodation facilities must have sufficient signage viewable by the public designating the use as a transient accommodation. . The books and records pertaining to the rentals of each unit in the transient accommodation use shall be open for inspection by authorized representatives of the applicable local government, upon reasonable notice, in order to confirm compliance with these regulations as allowed by general law. . The applicable local government may require affidavits of compliance with this section from each transient accommodation use and/or unit owner. AMENDMENTS - ARTICLE 7 The staff proposes the following amendments to Article 7, Terms and Definitions. The Countywide Rules do not presently define "condominium-hotel" and staff is of the opinion a definition is necessary to clarify the meaning of the concept and to preclude erroneous interpretations of the concept as a residential use. The definition of "transient 7 SUBJECT: Transient Accommodations - Proposed Rule Amendments BACKGROUND (continued) accommodation use" should be added to, portions of it transferred to the regulatory Section 4.2.7.6 or otherwise amended to further discourage long-term residential use and to address restrictions on the conversion of a transient accommodation use to a residential use. DIV.7.2 DEFINITIONS. Condominium-Hotel - A transient accommodation use in which some number of units may be owned by individual investors. Transient Accommodation Unit - An individual room, rooms or suite within a Transient Accommodation Use designed to be occupied as a single unit for temporary lodging or living quarters. [to be reviewed/revised] Transient Accommodation Use- A facility contammg one or more transient accommodation units, the occupancy of which occurs, or is offered or advertised as being available, for a term of less than one (1) month, more than three (3) times in any consecutive twelve (12) month period. In determining whether a property is used as a transient accommodation use, such determination shall be made without regard to the form of ownership of the property or unit, or whether the occupant has a direct or indirect ownership interest in the property or unit; and without regard to whether the right of occupancy arises from a rental agreement, other agreement, or the payment of consideration. [to be reviewed/revised] SUMMARY: Subject to the Council's direction, staff requests authorization to advertise the amendment for public hearing at the September meeting, subject to any further direction or refinement that may result from consideration of this matter at our joint meeting with the Countywide Planning Authority and the Tourist Development Council on August 29th. PLANNERS ADVISORY COMMITTEE: The Planners Advisory Committee voted 13 - 0 to support the proposed Countywide Rule amendments at their July loth meeting. 8 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: SUMMARY: Review Approval: 1) Clerk Meeting Date: 8/15/2006 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Recognition of Arnold Allen's Contributions to Clearwater Airpark SUMMARY: Meeting Date: 8/15/2006 Review Approval: 1) Clerk Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation - Make a Difference Fishing Tournament Day - October 7,2006 SUMMARY: Meeting Date: 8/15/2006 Review Approval: 1) Clerk